Pretrial confinement.

Short-term posttrial confinement (normally 90 days or less).

Custody.

Control.

Administrative support.

Limited counseling.

Pretrial confinement support.

Multifaceted correctional-treatment programs.

Vocational and military training to prepare prisoners for return to duty or, if determined suitable, return to civilian society.

Administrative support.

Basic educational opportunities.

Employment.

Selected mental-health programs.

Custody.

Control.

7-6. Although federal civilian penal institutions are not a part of the ACS, they may be used to confine prisoners. The Federal Bureau of Prisons administers and operates the federal penal system. Military prisoners whose disciplinary and adjustment records indicate a need for treatment that is available in a federal penal institution may be transferred to that system. Those scheduled for incarceration in a federal institution are first confined at the USDB and then transferred to the federal institution. (See AR 190-47 for more information.)

7-8. The facility commander is responsible for the administration and operation of specialized correctional programs. The programs provide the professional evaluation, counseling, education, and administration needed to prepare prisoners for return to military or civilian life. Chapter 8 discusses procedures and guidelines for establishing FDFs and FCFs.

First Amendment (freedom of speech and religion).

Fourth Amendment (freedom against unreasonable search and seizure).

Fifth Amendment (right against self-incrimination [Miranda Rights]).

Sixth Amendment (right to counsel).

Eighth Amendment (prohibition of cruel and unusual punishment).

7-12. Individuals are accepted for confinement only on receipt of a court-martial order, a report of the trial results, or a confinement order. The convening authority ordering the execution of the sentence must issue the court-martial order. If a commissioned or warrant officer is placed in pretrial confinement, the confinement order originates with his commander. The confinement order is read to the soldier by a commissioned officer. An enlisted soldier may be pretrial confined by order of his commanding officer or any commissioned officer who has personal knowledge of the offense or has made inquiry into it.

7-13. Specific procedures for pretrial confinement are contained in local SOPs and local supplements to AR 27-10. A new confinement order is not needed to reconfine a soldier who is convicted at trial by court-martial following pretrial confinement. A commander or the trial counsel, if such authority is delegated to him, can order the soldier into posttrial confinement with a report of the trial results.

Casual . A casual prisoner is confined awaiting—
Further instructions from another command or military service.

Transfer to another facility.

Return to his unit.

Detained . A detained prisoner (pretrial detainee) is an enlisted service member who is confined awaiting—
Charges to be filed.

The disposition of charges.

A trial by court-martial.

A trial by a foreign court.

Adjudged . An adjudged prisoner has been sentenced in open court, but the convening authority has not approved the sentence.

Approved-adjudged . An approved-adjudged prisoner's sentence has been approved and adjudged, but it has not been ordered into execution.

Sentenced . A sentenced prisoner is serving a sentence that has been ordered into execution.

Officer . An officer prisoner or an officer pretrial detainee is a commissioned or warrant officer on active duty who has been placed in confinement, but his sentence has not been ordered into execution.

Pretrial detainee . A pretrial detainee is not treated the same as a posttrial prisoner whose status is adjudged, approved-adjudged, or sentenced. He has not been proven guilty of an offense. His confinement is not a punishment, but it ensures his presence for trial and prevents further misconduct. If possible, segregate his living and working areas from all other prisoners.

Officer . An officer prisoner whose sentence has not been ordered into execution is entitled to certain rights and privileges. These privileges end when an officer's sentence begins and his status changes from an officer prisoner to a sentenced prisoner. House a posttrial officer prisoner in the general prisoner population.

Female . A female prisoner or a female pretrial detainee is confined in a facility that is approved for housing women. If an on-post facility is unavailable, coordinate confinement with local officials who have a federally approved detention facility for women. A civilian facility may only be used for pretrial or short-term, posttrial confinement. Segregate female prisoners from male prisoners except when they are participating in supervised classes, vocational education, or group counseling. Female correctional personnel supervise and control female prisoners in administration or disciplinary segregation. If two female guards are unavailable, use precautions when escorting a female prisoner. For example, use two male guards or one male guard and one female guard. Female prisoners are incarcerated in ACS facilities when directed by HQDA (DAMO-ODL-C).

7-19. Custody grades are assigned based on the minimum level of control necessary. A custody grade can be changed at any time, and reclassification is based on continual observation and evaluation of the prisoner. Each prisoner is promptly advised of his custody grade.

7-20. For example, each incoming RCF prisoner is assigned a maximum custody grade for the first 72 hours of confinement. During that time, the correctional staff observes and evaluates the prisoner's behavior. At the end of the evaluation period, the staff reviews the prisoner's behavior and assigns the appropriate custody grade.

7-22. Segregated prisoners requiring increased supervision are placed in close confinement and are escorted when they leave their cells. Privileges for administratively segregated prisoners are the same as those of prisoners not in close confinement. However, exceptions to this requirement are suicidal and disciplinary segregated prisoners (see the facility SOP for details).

7-23. Prisoners placed in administrative segregation can be kept in close confinement 24 hours a day or only at night. They must receive at least 60 minutes of exercise daily and can be employed if the work is consistent with the purpose of the segregation. A qualified mental-health professional interviews and prepares a written report on each inmate who is segregated more than 30 days.

7-26. The imposition of disciplinary measures often begins with an objective disciplinary report. The report presents a detailed summary that addresses the who, what, when, where, why, and how of an incident. The facility commander has several options when he receives a disciplinary report. He may reduce the report to a memorandum of record, refer the prisoner for counseling, refer the case to a discipline and adjustment board, or recommend action under the UCMJ.

Clipping a prisoner's hair excessively close.

Ordering the lockstep.

Requiring silence at meals.

Requiring a prisoner to break rocks.

Using hand or leg irons, restraining straps or jackets, or shackles as punishment. (The FCF SOP gives authority for the use of these devices and specifies the circumstances warranting their use.)

Removing a prisoner's underclothing or clothing or using other debasing practices.

Flogging, branding, tattooing, or using any other cruel or unusual punishment.

Requiring domicile in a tent as punishment.

Ordering strenuous physical activity or body positions designed to place undue stress on a prisoner.

Using hand or leg irons or belly chains that give the appearance of a chain gang.

7-29. Disturbances among prisoners may be a minor disorder, a major disorder, or a full-scale riot. Disorders and riots may be spontaneous disturbances or organized diversions for escape attempts. How a facility staff handles a minor disorder determines whether it is brought under control or escalates to major proportions. Disperse prisoners who are involved in a disturbance so that they cannot organize as a cohesive group. Once dispersed, prevent participants from rejoining the disturbance. Identify, isolate, and remove ringleaders from the disturbance as soon as possible.

7-31. When a prisoner is in pretrial confinement, his unit is responsible for escorting him to the confinement facility unless custody and control become integrity issues. The unit coordinates with the RCF for a briefing on custody and control procedures, future escort requirements, and the use of force.

7-32. Frisk each prisoner before he leaves the facility. Complete a DD Form 2708 (hard copy or electronic) for each prisoner escorted out of the facility. Move prisoners by motor vehicle, rail, air, or foot (if the distance is short enough to justify it and when other means of transportation are unavailable) (see STP 19-95C14-SM-TG).

7-34. Correctional-treatment programs provide a professional evaluation and study of each prisoner and his background. They provide for prisoners' health and welfare, include constructive work that teaches work skills, and administer individual and group counseling and therapy.

7-35. Each program specifies the custody grade and disciplinary requirements needed to achieve goals. The goals can be achieved by receiving no disciplinary reports, being involved in an established correctional-treatment plan, or obtaining other program objectives.

7-37. The board uses the following tools to begin its initial evaluation:

The guard's observation report.

The mental health's evaluation.

The chaplain's evaluation.

The medical officer's evaluation.

The prisoner's personnel file.

Employment.

Education.

Medical condition.

Religious participation.

Family and financial problems.

Chemical abuse treatment.

Anger management.

Stress management.

Adjunct therapy (such as Alcoholics Anonymous [AA] and Narcotics Anonymous [NA]).

The impact of crimes on victims.

Other programs consistent with staffing, professional support, and prisoner needs.

7-41. The counseling program in a correctional facility has two goals:

Help prisoners set realistic goals and adjust to the confinement environment.

Help prisoners gain problem-solving techniques and develop acceptable behavior.

Believe in the dignity and worth of an individual.

Recognize that individuals are different.

Understand that all behavior has meaning.

Understand that individuals are the result of their environment and life experiences.

Understand that attitude and behavior are related.

Understand that there are always reasons or causes for changes in behavior.

Believe that people have the capacity to change.

Believe that people have a right to participate in decisions affecting their welfare.

Understand that judging individuals in terms of right and wrong is not within their purview.

Are objective and unbiased.

Are alert for situations that exceed their capabilities and responsibilities, and if necessary, refer the prisoner for specialized counseling or problem solving.

Escape-minded.

Dangerous.

Alcoholic.

Drug-addicted.

Sexually deviant.

Suicidal.

Emotionally disturbed (refer prisoners to mental health for evaluation).

7-46. Close coordination between the facility commander and the garrison commander or his equivalent is maintained to establish worthwhile work projects for prisoners. The facility commander approves work projects and the assignment of prisoners to work projects. The employment section determines the best type of employment for each prisoner. The needs of the facility are considered along with the prisoner's—

Education.

Aptitude and achievement scores.

MOS.

Attitude and interests.

7-48. Ensure that prisoners have access to a library and recreation facilities. Based on the commander's approval, prisoner recreation programs may include sporting events, hobbies, motion pictures, videotapes, and religious activities. Encourage prisoners to further their academic education by taking part in the facility's education program or through self-study courses offered by the Army Correspondence Course Program (ACCP).

Mitigation. Mitigation lessens the severity of a sentence.

Suspension. Suspension is the granting of a probationary period that results in remission if it is completed successfully.

Remission. Remission cancels the unexecuted part of a sentence to which the remission applies.

Parole . A parole serves as a transition between the strict supervision of confinement and the conditions most likely to ensure a prisoner's earliest assumption of responsibilities as a productive, law-abiding citizen.

THP . A THP is a temporary release from confinement granted to strengthen family relationships, and it provides incentive and reinforcement to positive behavior and morale.

EHP . An EHP is a temporary release from confinement due to an emergency, such as the death or critical illness of an immediate family member or a disaster.

Assists in the custodial operations of the facility.

Supervises correctional and custodial personnel within the facility.

Informs the facility commander of matters that affect the custody, control, and security of the facility.

Ensures that rules, regulations, and SOPs are followed and enforced.

Supervises custodial personnel.

Is responsible for prisoner activities during his tour of duty.

Monitors custody, control, and security measures.

Ensures compliance with the schedule of calls.

Initiates emergency control measures.

Maintains the facility blotter.

Deals with situations involving prisoner admission in the absence of the chief, CSB, and the chief, prisoner services branch (PSB).

Security.

Accountability.

Intelligence. Intelligence is information obtained through observation and reports submitted by guards who are in daily contact with prisoners. The best source of intelligence gathering for the CSB is the guard force.

The guard force. There are two types of orders for the guard force—general and special. General orders apply to all guards, and special orders apply to particular posts and duties.

Escape prevention. The MWDs can be used to track an escapee, but they cannot be used to apprehend him.

Maintain custody, control, and discipline of prisoners under their supervision.

Supervise all activities according to the schedule of calls.

Supervise the response to emergency action plans.

Conduct periodic inspections, searches, head counts, roll calls, and bed checks.

Maintain custody and control of prisoners who are segregated from the general population due to inprocessing or administrative or disciplinary reasons.

Accomplish activities within the schedule of calls, as applicable to the close-confinement area.

Conduct 30-minute checks (or 15-minute checks for special-status prisoners) when a DD Form 509 is required.

Ensure that all required signatures on DD Form 509 are obtained on a daily basis.

Maintain custody and control of prisoners during mealtime.

Ensure that the dining-facility traffic plan is followed.

Prevent congestion at condiment and juice areas.

Account for silverware before and after a meal.

Search prisoners before they leave the dining facility.

Maintain custody, control, and supervision of prisoners while on details.

Ensure that work details are accomplished and safety precautions are observed.

Maintain strict accountability of equipment and tools.

Assist with frisks and strip searches of prisoners returning from details.

Account for prisoners on details according to the schedule of calls.

Track prisoners' locations at all times while on details.

Maintain custody and control of prisoners while moving them to and from designated places.

May be armed with a pistol if required and authorized by the facility commander.

Are qualified with a pistol and trained in the use of force and the ROE.

Are trained in firearms safety procedures necessary to transport prisoners by land, air, and sea.

Maintain custody and control of prisoners.

Ensure that only authorized persons enter the facility.

Inspect vehicles entering and exiting the facility.

Inspect packages.

Conduct inventories of items entering and exiting the facility.

Require noncustodial personnel to register on sign-in logs.

Maintain custody and control of prisoners during visits by family members and other authorized persons.

Detect violations of rules and regulations, improper behavior, and contraband.

Position themselves in inconspicuous places and observe conversations rather than listening to them.

Identify and report infractions, which may be grounds for terminating visits.

Maintain custody and control of prisoners while escorting them to and from medical appointments and during hospitalization.

Ensure that rooms are clear of contraband.

Prevent unauthorized communications.

Maintain custody and control by observing specific sectors of the perimeter.

Are briefed on the use of force and are familiar with a 12-gauge shotgun.

Ensure that contraband is not passed through the fence.

Provide protection for compound guards.

Supervisory and interpersonal communications skills.

Self-defense techniques.

Use of force (priorities of force).

Weapons qualification (see DA Pam 350-38).

First aid.

Emergency action plans.

Facility regulations.

Riot control techniques.

Supervises the administrative concerns of the facility.

Maintains records and forms.

Computes sentences.

Manages property and funds.

Processes prisoners for transfer or release.

Monitors admissions, services, THPs, EHPs, and the victim/witness program.

Advises the facility commander of administrative concerns involving prisoners.

Check the DD Form 2707 for accuracy.

Search and segregate authorized and unauthorized property.

Strip-search each prisoner.

Issue appropriate health and comfort supplies to each prisoner, and complete DD Form 504.

Photograph and fingerprint each prisoner.

Complete individual prisoner forms.

Inform prisoners of their visitation rights.

Arrange for a medical officer to examine each prisoner within 24 hours of confinement, and complete DD Form 503.

AR 15-130.

AR 190-14.

AR 190-47.

AR 210-174.

AR 633-30.

Misc Pub 27-7.

UCMJ.

DA Form 1124.

DA Form 1125-R.

DA Form 1128.

DA Form 1129-R.

DA Form 1130-R.

DA Form 1131-R.

DA Form 1132-R.

DA Form 1134-R.

DA Form 1135-R.

DA Form 3078.

DA Form 3955.

DA Form 3997.

DD Form 2 (ACT).

DD Form 499.

DD Form 503.

DD Form 504.

DD Form 506.

DD Form 509.

DD Form 515.

DD Form 2707.

DD Form 2710.

DD Form 2718.

Federal Bureau of Investigation (FBI) Form FD-249.

7-80. The custodian safeguards prisoners' property and funds in trust. With few exceptions, any action involving property or funds requires the prisoner's authority and consent. The exceptions to this rule are as follows:

The Internal Revenue Service (IRS) can levy a prisoner's personal deposit fund to satisfy delinquent federal income taxes.

Property that has evidentiary value is subject to impounding. When the property is taken from a prisoner, disposition is made only by instructions received from a competent authority. (See AR 190-22 for more information.)

Property of an escapee is disposed of according to DOD 4160.21-M.

7-82. Dispose of an escapee's or a deceased prisoner's personal property according to ARs 630-10 and 700-84. The facility commander or the installation commander appoints a disinterested officer to audit the prisoner's personal property. When the audit is complete, the officer signs a DA Form 1132-R in lieu of and for the prisoner.

7-83. A prisoner's sentence determines if and how much he is paid. Prisoners are not allowed to have money in their possession. All money received while in confinement is deposited in the prisoners' deposit fund, which is a trust fund. It contains the personal funds of all the prisoners in the facility. The fund's balance equals the total of the individual accounts on the ledger.

7-84. Take all money from each prisoner during processing. Deposit US currency and US government paychecks in his deposit fund. Prepare a DA Form 1124 (in triplicate) that lists all the money received for deposit, and issue a receipt for personal checks surrendered by the prisoner.

7-85. Deposit all cash receipts in the name of the fund, and make daily deposits when practical. Ensure that checks received by prisoners while in confinement are endorsed immediately for deposit to the fund, and promptly deposit the checks in the bank for collection.

7-86. When a prisoner is transferred from one confinement facility to another, transfer his personal deposit fund to the receiving facility. When a prisoner is released and his personal deposit fund is $50 or less, pay the entire amount to him in cash. If the balance is more than $50, issue the balance of his personal deposit fund in the form of a check.

7-88. Expenditures from the petty-cash fund may not exceed $50 for anyone authorized expenditures except when the prisoner is released from confinement. When a petty-cash disbursement is made to a prisoner, he submits a DA Form 1128 to the cashier of the petty-cash fund.

7-90. Different rules apply to inspecting and reading privileged mail. Privileged mail can be opened and inspected to control contraband, money, and valuables and to verify authenticity; but it cannot be read. If a letter qualifies as privileged mail, it is usually delivered to the prisoner unopened. If privileged mail is opened, it must be opened in the presence of the prisoner and a commissioned officer, an NCO (E7 and above), or a civilian (GS7 and above). Privileged mail consists of correspondence between prisoners and—

The President or his representative.

The Vice President or his representative.

A member of Congress or his representative.

The US Attorney General or his representative.

The Judge Advocate General or his representative.

The prisoner's defense counsel or an attorney of record.

A chaplain or a clergy when recommended by the installation chaplain.

Chaplain . The chaplain promotes the spiritual and moral welfare of prisoners through worship services; special religious activities; counseling; and emphasis on moral, ethical, spiritual, and social values.

Medical activity . The commander of the local medical activity provides medical services for prisoners. Medical services include the services of psychiatrists, psychologists, and social workers. They provide professional evaluations of prisoners and help develop correctional-treatment programs. The medical-activity commander coordinates with the PM and the facility commander to ensure that custody and control measures conform to medical requirements.

IG . The IG may assist the facility commander by investigating complaints, allegations, and charges. These actions frequently provide a basis for corrective action and discourage unfounded allegations by prisoners. The PM and the facility commander establish and maintain close liaison with the IG.

SJA . The SJA serves as the legal advisor to the commander and the staff. The SJA plays a major role in correctional treatment and administrative activities. He provides legal advice and assistance to the PM and the facility commander, legal assistance to prisoners when consistent with professional responsibility requirements, and official information to prisoners about the status of cases and sentences as prescribed by law and regulation. The SJA coordinates with the US Trial Defense Service, an independent legal organization, to ensure that prisoners have independent legal advice relating to military justice.

AG . The AG processes recommendations for administrative elimination of prisoners without a punitive discharge from the service. He advises the facility commander and unit commanders on processes and procedures.

Technical service . Technical service provides support to education and employment programs. Work programs permit on-the-job training for prisoners in carpentry, mechanics, painting, and masonry. They may also include skilled tasks required to maintain and operate the installation.

7-93. A prisoner or a pretrial detainee is released from confinement only with the proper authorization. At the USDB and the RCF, the installation commander can authorize the facility commander to authenticate DD Form 2718. A prisoner or a pretrial detainee is released for the following reasons:

A causal prisoner is returned to his unit.

The charge is dismissed.

Parole or clemency is granted.

Pretrial confinement is no longer deemed necessary.

The sentence expires.

The sentence is mitigated, suspended, or remitted.

Can be kept in confinement and a new confinement order can be issued if he completes a sentence and has additional charges pending.

Is released from confinement if he is adjudged and completes a sentence before determination is made to punitively discharge him. However, he remains subject to military jurisdiction until the sentence is approved and the discharge is executed.

Is released from confinement when he completes a sentence that includes a punitive discharge or a dismissal.

Is released from confinement if his sentence is mitigated or remitted by the convening authority or another competent authority.

Cannot be released from confinement until a release order is executed if a court-martial renders a decision of not guilty while he is confined.

Cannot be released from confinement until a release order is executed if the charges are withdrawn.

Can be retained under military jurisdiction after release for treatment of an illness or an injury that occurred or was aggravated during military service or confinement.

7-96. Unit commanders ensure that soldiers in pretrial status have the necessary clothing when they enter confinement. Prisoners confined in outside continental United States (OCONUS) confinement facilities wear a battle dress uniform (BDU), and those confined in CONUS facilities wear a distinctive prisoner uniform as prescribed in CTA 50-900. Prisoners are also issued two blankets, two sheets, one pillow, and one pillowcase.

7-97. The supply branch issues general and janitorial items to prisoners and staff as needed. Items include mops, buckets, brooms, cleansers, and office supplies.

7-100. A physical inventory is reconciled and balanced monthly (minimum) with the previous inventory, supplies received, and supplies issued to prisoners. The facility commander or a designated representative verifies the inventory in writing.

7-102. Weapons, ammunition, and emergency equipment (protective masks and hand and leg irons) must be stored in maximum-security, locked racks or cabinets in a room that is located away from prisoner areas. Guards draw weapons and ammunition as needed, and the staff keeps records of all transactions. To reduce hazards, set up an area for loading and unloading weapons outside the facility.

7-104. Medical officers or other medically trained personnel conduct sick call, perform emergency medical treatment, and dispense medication. Hold sick call daily at a time that does not interfere with duties and training of prisoners. Medical examinations and treatment usually require using instruments and medications that can cause custody and control problems. Secure medications and equipment when they are not in use, and inventory them frequently.

7-105. Corrections NCOs dispense medication to prisoners in cellblocks, supervise the ingestion or application of the medication, and maintain a medication issue register. When possible, use qualified medical personnel to dispense prescription medication.