Chapter 8
Battlefield Confinement of United States Military Prisoners
In a mature TO, MP may operate
FDFs and FCFs to hold US military prisoners and pretrial detainees in short-term
pretrial or posttrial confinement. Posttrial confinement includes temporary
custody of prisoners until they are evacuated to permanent facilities and
custody of prisoners with short-term sentences as determined by the combatant
commander. Leaders tasked with performing US military prisoner operations
must be familiar with the doctrine in this chapter and Chapter 7 , the
policies outlined in AR 190-47, the ACS, and the tasks described in STP
19-95C14-SM-TG.
PLANNING
8-1. There are two types of battlefield
facilities—FDF and FCF. When the combatant commander makes the decision
to retain prisoners in the TO, FDFs are set up in the CZ and an FCF is
set up in the COMMZ. Prisoners are evacuated from one facility to another
according to established guidelines and available facilities (see Figure
8-1 ).
Figure 8-1. TO Confinement Evacuation Flow
8-2. The MP plan US military prisoner
operations to meet the needs of the combatant commander. The commander
may decide to establish facilities throughout the TO if he encounters any
of the following:
The projected or actual amount
of prisoners exceeds the unit's handling capability and may interfere with
military operations.
The distance between the TO and the CONUS/OCONUS
facility is too great and makes evacuation impractical.
Transportation assets are unavailable for
expeditious evacuation to other facilities.
The length of military operations and the
maturity of the TO enable facilities to be established.
The facilities are necessary to meet other
operational needs.
8-3. The PM is a key player and assumes an
important role by keeping the combatant commander informed throughout the
planning process. The PM coordinates with the SJA, civil affairs (CA),
the HN, the appropriate echelon coordinating staff, and the major subordinate
commands before recommending that US military prisoner facilities be established.
During the planning process, the PM must determine—
The date a facility is required.
The location of an FCF in the COMMZ.
The resources and logistical support needed
to construct and operate a facility.
The availability of MP forces (CS MP forces
in the TO or an I/R MP unit deployed from CONUS).
The type of prisoners to be interned (pretrial,
posttrial, and multiservice).
The evacuation requirements and other prisoner-specific
considerations.
The requirements of division and corps FDFs
and other requirements that may impact on the operation.
FIELD DETENTION FACILITY
8-4. In
the CZ, division and corps PMs are responsible for the location, setup,
and operation of FDFs for as long as necessary. The MP use FDFs to detain
soldiers until they can be tried, sentenced to confinement, and evacuated
from the area. Soldiers awaiting trial remain in their units if possible.
When the UCMJ requirements of Rules for Courts-Martial (RCM) 305 are met,
soldiers are placed in pretrial confinement and retained by MP. Per RCM
305, no one can be ordered into pretrial confinement except for probable
cause. Probable cause to order pretrial confinement exists when there is
a reasonable belief that—
An offense triable by court-martial
has been committed.
The person confined committed it.
Confinement is required by the circumstances.
For example, less severe forms of restraint are inadequate or it is foreseeable
that the prisoner will engage in serious criminal misconduct or will not
appear at trial, pretrial hearing, or investigation.
8-5. When operating an FDF, MP sign a receipt
for each prisoner (DD Form 2708) and his property (DA Form 4137). Use existing
structures for FDFs if possible. If tents are used, they should be as large
as a GP medium tent. Plans for establishing an FDF should include the following
list of equipment and supplies:
Barbed wire and concertina.
Fence posts.
Gates and doors.
Floodlights and spotlights.
A generator.
Food service and cleaning equipment.
Water cans or lister bags.
First aid equipment and supplies.
Clothing and bedding.
FIELD CONFINEMENT FACILITY
8-6. The
MP establish an FCF in the COMMZ to detain soldiers placed in short-term
custody during pretrial or posttrial or while in transit to another facility.
An FCF can be a semipermanent or permanent facility, and it is more complex
and elaborate than an FDF. A CS MP unit or an I/R MP unit can be tasked
with operating an FCF. The respective unit commander uses the military
decision-making process (MDMP) to determine tasks that are necessary to
accomplish the mission. Some considerations are—
Location.
Construction.
Setup.
Processing.
Classification.
Identification.
Clothing.
Subsistence.
Dining facilities.
Medical facilities.
Sanitation.
Discipline.
Control.
Administration.
Emergency planning and investigations.
ROI.
Use of force.
Escape.
Transportation.
Transfer and disposition of prisoners.
LOCATION
8-7. The PM coordinates with engineers,
the SJA, the HN, and the coordinating staff before selecting an FCF site.
He ensures that the FCF is located away from perimeter fences, public thoroughfares,
gates, headquarters, troop areas, foliage, and wooded areas. The location
depends on several factors, such as—
CONSTRUCTION
8-8. The construction of an FCF depends
on the availability of existing structures, the work force, and materiel.
Use preexisting facilities to the maximum extent possible. If they are
unavailable, coordinate with engineers to construct a facility that meets
security and safety requirements. If a CS MP unit is tasked to construct
an FCF, request supplies and materiel through the established supply channels.
An I/R MP unit requires engineer support to construct guard towers, fences,
and perimeter roads and to repair unimproved roads.
SETUP
8-9. The FCF setup corresponds with established
standards as outlined in AR 190-47. The physical layout includes facilities
for administration, housing, and training (if required) as well as recreation
and work areas (if available). The facilities and areas are secure against
escape. Figure 8-2 shows a sample FCF setup.
Figure 8-2. Sample FCF Setup
PROCESSING
8-10. Processing
begins when the control of a prisoner is transferred from a non-MP unit
to an MP unit or from an MP unit to another MP unit. Each time control
is transferred, the receiving organization signs a receipt for each prisoner
(DD Form 2708) and his property (DA Form 4137).
8-11. Prisoners begin their confinement
by inprocessing into the facility. If a confinement detachment is available,
it performs all tasks related to inprocessing prisoners. Otherwise, the
MP unit commander performs inprocessing with organic assets. Part of the
inprocessing procedure is to help prisoners integrate into the confinement
environment. Process each newly confined prisoner according to the guidelines
in Table 8-1.
Table 8-1. Processing a US Military Prisoner
| Station |
Purpose |
Responsible Individuals* |
Actions |
| 1 |
Search |
MP |
Escort prisoner and property.
Conduct same-gender strip search. Accomplish
this before he enters the processing area unless conditions prohibit it.
Supervise his movement to the next station. |
| 2 |
Property inventory |
MP |
Inventory personal property.
List items on DA Form 1132-R.
Place items in a container or on a tray.
Mark items with his name and SSN.
Secure items in a storage area.
Confiscate his money, and record it on DA
Form 1124.
Supervise his movement to the next station. |
| 3 |
Administrative processing |
Processing clerk and MP |
Initiate a CTF.
Complete individual prisoner forms (see
Chapter 7 ).
Supervise his movement to the next station. |
| 4 |
Photography and fingerprinting |
MP |
Fingerprint and identify him,
and record the information on a fingerprint card.
Photograph him with instant film. Use a
photographic name board (black background with white characters). List
his SSN and name at the bottom center.
Attach the photograph to his CTF.
Supervise his movement to the next station. |
| 5 |
Personal hygiene |
MP |
Allow him to shower, shave,
and get a haircut.
Supervise his movement to the next station. |
| 6 |
Medical evaluation |
Medical personnel and MP |
Examine him within 24 hours
of arrival at the confinement facility.
Complete DD Form 503.
Supervise his movement to the next station. |
| 7 |
Records review |
MP |
Review processed records for
completeness.
Escort him back to processing stations as
needed.
Prepare and maintain an accountability roster.
Supervise his movement to the next station. |
| 8 |
Briefing |
MP |
Brief him on rules and regulations
and visitation and correspondence rights.
Supervise his movement to the next station. |
| 9 |
Movement |
MP |
Move him to a secure area. |
| *The number of people used
to perform tasks depends on the number of prisoners and the time available. |
8-12. Ensure that all newly assigned prisoners
complete training, as soon as possible, that explains the—
Facility rules and regulations.
Counseling procedures.
UCMJ.
Disciplinary authority and procedures.
Work assignments.
Complaint and grievance procedures per AR
20-1.
8-13. Orient pretrial prisoners and officers
on their status, rights, and privileges, including the following:
They are required to participate
in correctional orientation and treatment programs that ensure their control,
custody, employment, training, health, and welfare as determined by the
facility commander.
Officer and NCO prisoners will not exercise
command or supervisory authority over others. They will comply with facility
rules and regulations to the same extent as other prisoners. They are not
permitted special privileges normally associated with their rank.
CLASSIFICATION
8-14. Prisoners are classified
into two categories—pretrial and posttrial. Separate pretrial prisoners
(males and females) from posttrial prisoners. Posttrial prisoners include
those retained during short-term sentences and in-transit prisoners who
are being evacuated to another facility.
IDENTIFICATION
8-15. Take
two front and two profile photographs
of each prisoner. Use a name board, if available, and place his last name,
first name, and middle initial on the first line and his social security
number (SSN) on the second line. Add a prisoner registration number on
the third line if desired. (See AR 190-47 for fingerprint card requirements.)
CLOTHING
8-16. Prisoners wear a BDU without rank
insignia during incarceration. Return personal clothing
and other articles to prisoners per AR 700-84 as determined by the facility
commander. Issue clothing to prisoners, except officers, according to AR
700-84 and CTA 50-900. Maintain a DA Form 3078 on prisoners with less than
6 months active-duty service and prisoners who receive clothing on an issue-in-kind
basis. Provide organizational clothing within the allowances prescribed
in AR 710-2 and CTA 50-900. Launder and dry-clean clothing for prisoners
(except officers on pay status) without charge per AR 210-130. Dispose
of clothing and personal property according to AR 190-47.
SUBSISTENCE
8-17. Provide
prisoners with wholesome, sufficient food that is prepared from the Army
master menu, and supply them with a full complement of eating utensils.
The facility commander can deny eating utensils for security or other reasons.
Prisoners in close confinement and those who lost privileges associated
with approved disciplinary action can be denied supplemental rations as
described on the Army master menu. The facility commander can authorize
alternate meal control procedures to prevent injury when a prisoner abuses
food. The procedures require documentation in the facility blotter and
concurrence of a medical officer, and they will not exceed 7 days.
DINING FACILITIES
8-18. Dining facilities can be organic
to the unit operating the FCF, or they can be set up through the appropriate
contracting procedure. The facility commander decides the best feeding
method to sustain prisoners based on the available dining facilities and
the logistical and HN support.
MEDICAL TREATMENT
8-19. Medical
personnel in support of the FCF provide medical, dental, and mental-health
care or referral; limited counseling; and social services. Except in matters
requiring protection of medical information, the facility commander provides
medical observations and recommendations concerning correctional-treatment
requirements. Medical officers, nurse clinicians, or PAs—
Conduct a daily examination of
each prisoner in close confinement.
Perform a medical examination to determine
the fitness of a newly confined prisoner or a prisoner who has been outside
military control for more than 24 hours. Complete the examination within
24 hours of a prisoner's arrival or return to confinement.
Test each prisoner for HIV and TB within
3 duty days after initial incarceration. Record test results on DD Form
503.
SANITATION
8-20. An
Army Medical Department (AMEDD) representative, a PVNTMED NCO or officer,
an environmental-science officer, a sanitary engineer, or a medical entomologist
inspects the facility monthly. This inspection ensures that the operation
meets PVNTMED standards. The inspector provides a copy of the inspection
results to the facility commander. (See AR 190-47 for further guidance.)
8-21. Ensure that all prisoners bathe and
follow basic personal-hygiene practices to prevent communicable diseases.
Enforce high sanitation standards in facilities where prisoners share latrines
and showers.
DISCIPLINE
8-22. Public
law and AR 190-47 authorize facility commanders to—
Restrict the movement and action
of prisoners.
Take action to maintain control as required.
Protect the safety and welfare of prisoners
and other personnel.
Ensure orderly operation and administration
of the FCF.
8-23. A prisoner is considered in an on-duty
status except during mandatory sleeping hours, mealtimes, and reasonable
periods of voluntary religious observations (as determined by the facility
commander in coordination with the facility chaplain). A prisoner who is
denied recreation time as part of an administrative disciplinary action
may be required to perform recreation time duties as deemed necessary by
the appropriate authority. Recreation time duties are not considered extra
duty. Privileges are withheld from prisoners
on an individual basis, without regard to custody requirements or grade
and only as an administrative disciplinary measure authorized by AR 190-47.
The attractiveness of living quarters and the type and amount of material
items that can be possessed by prisoners may differ by custody grade to
provide incentives for custody elevation. Prisoners are denied the privilege
of rendering the military salute. Pretrial prisoners will salute when they
are in the appropriate service uniform.
8-24. Authorized forms of administrative disciplinary
action and punishment are described in
AR 190-47 and the UCMJ. Constantly review procedures, rules, regulations,
living conditions, and similar factors affecting discipline for violations
and disciplinary problems. Physical and mental punishments are strictly
prohibited. Authorized administrative disciplinary actions (listed in ascending
order) and are as follows:
A written or oral reprimand
or warning.
Deprivation
of one or more privileges. Visits can be deprived or restricted as a disciplinary
action only when the offense involves a violation of visitation privileges.
Restrictions on mail cannot be imposed as a disciplinary measure.
Extra duty.
Extra duty on work projects cannot exceed 2 hours per day for 14 consecutive
days. It cannot conflict with regular meals, sleeping hours, or attendance
at regularly scheduled religious services.
Reduction of custody
grade or classification.
Segregation. Segregation
can be imposed for an indefinite period, but it normally should not exceed
60 consecutive days. Tell prisoners why they are being segregated and that
they will be released when the segregation has served its intended purpose.
Segregated prisoners receive the same diet as other prisoners. Withhold
nonessential food items, such as soft drinks and candies, that are in addition
to the diet stipulated by the Army master menu.
Forfeiture
of all or part of earned good-conduct
time or EGCT according to AR 633-30. The forfeiture need not specify whether
it is good-conduct time or EGCT. Both forms of abatement satisfy forfeiture;
however, take good-conduct time before taking EGCT.
8-25. The facility commander is authorized
to administer punishment, and he can
delegate the authority to a subordinate officer (captain [CPT] or above)
for minor punishments. The first field grade commander in the chain of
command can impose major punishment when delegated authority by the first
general officer in the chain of command. The following are prohibited punitive
measures:
Clipping a prisoner's hair excessively
close.
Ordering the lock-step.
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.)
Fastening a prisoner to a fixed or stationary
object.
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.
8-26. The following are prohibited security
measures:
Using dogs to guard prisoners.
Dogs can be used to track escaped prisoners.
Using chemicals except as riot control agents.
Using machine guns, rifles, or automatic
weapons at guard towers except to protect the facility from enemy or hostile
fire by a belligerent power. Selected marksmen who are equipped with rifles
can be used when directed as part of a disorder plan and when specifically
authorized by a higher echelon commander other than the facility commander.
Using an electrically charged wire.
Securing a prisoner to a fixed object except
in emergencies or when specifically approved by the facility commander
to prevent potential danger to the facility staff or the outside community.
Consult medical authorities to assess the health risk to prisoners.
NOTE: See AR 190-47 for additional guidance
and procedures on disciplinary measures.
CONTROL
8-27. The facility commander follows control
and custody guidelines as outlined in
AR 190-47. The inspecting officer's report includes the verification of
prisoner strength. He conducts a physical count of prisoners daily that
includes a—
Roll call or a similar accounting
method during morning, noon, and evening formations.
Head count immediately upon the return of
prisoners from work detail.
Bed check between 2300 and 2400 and again
between 2400 and 0600.
8-28. The degree of custodial supervision necessary
for an individual prisoner is based on a review his records, the Army Inmate
Correction System (AICS), and the recommendations of correctional supervisors
and professional-services support personnel. Prisoners are not assigned
a permanent custody grade based solely on the offenses for which they were
incarcerated. Classification is the minimum custody grade necessary based
on security requirements and the AICS. Custody grades include trustee and
minimum, medium, and maximum security. Facility commanders can subdivide
the custody grades as required to facilitate additional security controls.
ADMINISTRATION
8-29. The FCF is
administered by a CS MP unit or an I/R MP unit with an MP I/R confinement
detachment if available. The facility commander appoints a guard commander
who—
Supervises facility guards and
correctional and custodial personnel within the facility.
Monitors custody, control, and security
measures and informs the facility commander on matters that affect the
facility.
Ensures that rules, regulations, and SOPs
are followed and enforced.
Is responsible for prisoners' activities
and the facility blotter.
Ensures compliance with the schedule of
calls.
Initiates emergency control measures.
NOTE: CSB personnel assigned to the FCF
may also perform these duties.
8-30. Facility guards
are responsible for the custody, control, and discipline of prisoners under
their supervision. See Table 8-2 for a complete list of their duties.
Table 8-2. Guard Duties
| Position |
Actions |
| Close-confinement guards |
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. |
| Dining-facility guards |
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. |
| Employment detail guards |
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 frisk 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. |
| Escort and AWOL apprehension
guards |
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
for transporting prisoners by land, air, and sea.
NOTE: If available, an escort guard MP
company may perform these duties. |
| Main gate and sally port guards |
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.
NOTE: If available, an MP guard company
may perform these duties. |
| Visitor room guards |
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.
Maintain positions in inconspicuous places
and observe conversations rather than listening to them.
Identify and report infractions, which may
be grounds for terminating visits. |
| Hospital guards |
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. |
| Tower guards |
Maintain custody and control
by observing specific sectors of the perimeter.
Are briefed on the use of force and are
qualified with a 12-gauge shotgun or their assigned weapon.
Ensure that contraband is not passed through
the fence.
Provide protection for compound guards. |
| NOTE: The facility commander
adjusts the number and type of guards based on the available personnel. |
NOTE: Control team guards assigned
to the FCF may also perform these duties.
Required Regulations
and Forms
8-31. Each facility must have a complete,
current set of regulations covering correctional administration. The facility
commander ensures that the facility is part of the publications distribution
system. The following regulations and publications must be available:
AR 15-130.
AR 190-14.
AR 190-47.
AR 210-174.
AR 633-30.
Misc Pub 27-7.
UCMJ.
8-32. Confinement facilities use a variety
of forms to maintain records and reports.
The following forms must be available:
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.
FBI Form FD-249.
Correctional-Treatment File
8-33. Establish a CTF within the first
72 hours of confinement, maintain it throughout the confinement period,
and transfer it with the prisoner when he is evacuated to another facility.
(See AR 190-47 for more information.)
Sentence Computation
8-34. Based
on the type of operation and its projected duration, the theater commander
may determine that certain sentences will be served in the TO. The FCF
commander computes sentences according to AR 633-30 and DOD Directive 1325.4.
He ensures that NCOs working in the personnel section are properly trained
to compute sentences. Incorrect computations result in incorrect release
dates and can violate a prisoner's legal rights. The rate of earnings for
good-conduct time is calculated based on the prisoner's length of confinement,
including pretrial time (see Table 8-3 ).
Table 8-3. Rates for Good-Conduct Time
| Length of Sentence |
Good-Conduct Time |
| Less than 1 year |
5 days for each month of the
sentence |
| 1 year to less than 3 years |
6 days for each month of the
sentence |
| 3 years to less than 5 years |
7 days for each month of the
sentence |
| 5 years to less than 10 years |
8 days for each month of the
sentence |
| 10 years or more, excluding
life |
10 days for each month of the
sentence |
| NOTE: If the term of confinement
is reduced or if an additional sentence increases the term of confinement,
recompute the good-conduct time at the abatement appropriate to the new
term of confinement. |
Mail and Correspondence
8-35. The FCF staff keeps a record of
inspection of each prisoner's mail, correspondence,
and authorized correspondents on DD Form 499. The guidance outlined in
Chapter 7 and AR 190-47 also applies to the battlefield confinement of
US military prisoners.
Prisoner Personal Property and Funds
8-36. Prisoners in the FCF are permitted
to place personal property in safekeeping if it is not authorized for retention
by the facility commander. The guidance outlined in Chapter 7 and AR 190-47
also applies to the battlefield confinement of US military prisoners.
Support Personnel
8-37. Support
personnel organic to a CS MP unit or an I/R MP unit provide support to
the FCF. Support personnel include medical officers, chaplains, and social-service
workers. They may help administer the facility and are oriented and trained
in custody and control procedures. Establish a formal training program
that includes—
Supply Services
8-38. Supply
functions in an FCF are the same as in other military operations. However,
stronger security measures and accountability procedures are necessary
to prevent certain supplies and equipment from falling into the hands of
prisoners. Weapons, ammunition, and emergency equipment, such as hand and
leg irons, must be stored in maximum-security, locked racks or cabinets
in a room that is located away from prisoner areas.
8-39. The unit logistics officer ensures
that a sufficient amount of general and janitorial items are available
to keep the facility sanitary and free of potential diseases. Issue the
items under strict control procedures and on an as-needed basis to prisoners
and staff. Items include mops, buckets, brooms, cleansers, and office supplies.
8-40. Issue health and comfort items to
new prisoners during inprocessing and regularly thereafter. Prisoners request
additional supplies on DD Form 504, and they receive the supplies gratuitously
if they are in a nonpay status. Basic supplies include safety razors, bath
soap, toothbrushes, toothpaste, and shoe polish.
8-41. Conduct a physical inventory monthly
to reconcile and balance the records of the previous inventory, supplies
received, and supplies issued to prisoners. The facility commander or his
designated representative verifies the inventory in writing.
EMERGENCY PLANNING AND INVESTIGATIONS
8-42. The facility commander publishes
formal plans for the apprehension of
escaped prisoners, fire prevention, facility evacuation, prisoner riots
and disorders, NBC evacuation, mass casualty, quarantine, special confinements,
and prisoner processing. The plans must form part of the unit's SOP and
be tailored to the operational environment where the FCF is located. Test
the plans at least every six months, and record tests of emergency action
plans in the facility blotter. The EEI are as follows:
Alarm, notification, and escape
validation procedures.
The manning of critical points outside the
facility; for example, crowd control procedures, likely escape routes,
observation points, and defensive positions.
Procedures to secure the prisoner population
while executing an emergency action plan.
Prisoner and cadre recall procedures and
a means for organizing forces; for example, search parties and riot control
teams.
Procedures to terminate the plan and follow-up
actions.
The mass casualty plan, including how to
secure prisoners.
8-43. The facility commander organizes a reactionary
force that is trained in the use of force, riot control procedures, and
other emergency actions. The size of the reactionary force depends on the
personnel assets available and the nature of the emergency.
8-44. Where appropriate or legally required,
use AR 15-6 to investigate reported incidents of misconduct,
breaches of discipline, or violations
of the UCMJ. Before interviewing prisoners suspected or accused of violations,
advise them of their rights under Article 31, UCMJ, against self-incrimination.
Any statement made may be used as evidence against them in a criminal trial
or disciplinary-and-adjustment board proceeding. They have the right to
consult with counsel and to have counsel present during questioning. A
request to consult with counsel at this point does not automatically result
in the case being referred to a three-member board. If requested, make
arrangements for the prisoner to meet with an attorney as soon as practical.
Interview relevant witnesses, including those identified by the prisoner,
as deemed appropriate; and obtain written, sworn statements when possible.
Complete the investigation expeditiously, and submit a disciplinary report
to the facility commander.
8-45. Upon receipt of the disciplinary-and-adjustment
board report, the facility commander reduces the report to a memorandum
for record. He refers the case for counseling or reprimand, refers it to
the disciplinary-and-adjustment board, or takes other appropriate action.
(See AR 190-47 for more information.)
RULES OF INTERACTION
8-46. The facility commander establishes
and enforces the ROI that allow humane
treatment and care of prisoners, despite the reason they are incarcerated.
The ROI are established by the facility commander, and some include—
Remaining professional and serving
as positive role models for prisoners.
Being firm, fair, and decisive in actions
concerning prisoners.
Refraining from being too familiar or too
belligerent with prisoners.
Avoiding becoming emotionally or personally
involved with prisoners.
Not gambling, fraternizing, or engaging
in any commercial activities with prisoners.
Not showing favoritism to any prisoners.
USE OF FORCE
8-47. Guidance on the use
of force is incorporated in orders, plans, SOPs, and instructions at FDFs
and FCFs. Using firearms or other means of deadly force is justified only
under conditions of extreme necessity and as a last resort. Do not use
physical force against a prisoner except in self-defense, to prevent escape,
to prevent injury to others, to prevent damage to property, to quell a
disturbance, to move an unruly prisoner, or as otherwise authorized in
AR 190-47.
8-48. In the event of an imminent group
or mass breakout from the FCF or another general disorder, ensure that
prisoners know authority prevails, order will be restored, and means are
available to restore order by force if necessary. Before applying force,
try to reason with prisoners if the situation permits. If reasoning fails
or if the existing situation does not permit reasoning, issue prisoners
a direct order to terminate the disorder. Do not give the order until it
can be enforced effectively by applying force as the situation requires.
Before escalating beyond a show of force, allow uninvolved prisoners to
voluntarily assemble in a controlled area away from the disturbance.
8-49. When force is necessary, apply it
according to the priorities of force and limit it to the minimum degree
necessary. The use of deadly force is prescribed by AR 190-14. The application
of the priorities of force, or the application of a higher numbered priority
without first employing a lower numbered one, depends on and is consistent
with the situation encountered during any particular disorder. The priorities
of force for an FCF are as follows:
First: Verbal persuasion.
Second: Show of force.
Third: Chemical aerosol irritant projectors
(subject to local and HN restrictions).
Fourth: Use of physical force other than
weapons fire.
Fifth: Presentation of deadly force capability.
Sixth: Deadly force.
8-50. The facility commander coordinates with
the higher echelon commander and the SJA. He designates representatives
who are authorized to direct the use of firearms and riot control agents
in the event of a riot or other disturbance. Orders, plans, SOPs, and instructions
include use-of-force rules and specify the types of weapons to be used.
ESCAPE
8-51. Provide each guard with a whistle
or other suitable alarm. Per AR 190-14, using firearms to prevent an escape
is justified only when there is no other reasonable means available. If
a prisoner tries to escape from the facility, the guard—
Alerts other guards of the attempted
escape by blowing three short blasts on a whistle or delivering the signal
with another alarm.
Orders the prisoner to halt three times
in a loud voice.
Fires only when the prisoner has passed
all barriers of the facility and is continuing to escape. (The location
of a barrier is determined by the physical arrangement of the facility.
It normally includes fences or walls enclosing athletic, drill, recreation,
housing, and administrative areas.)
8-52. Do not fire on an escapee if it endangers
others. When firing is necessary, aim shots to disable the prisoner rather
than kill him. Guidance for the use of firearms by guards escorting prisoners
outside the facility are the same as those for using firearms in the facility.
(See AR 190-47 for more information.)
8-53. The facility commander ensures that
guards are trained in the use of their assigned weapons. Orient all personnel
on policies regarding the use of force and the provisions of AR 190-14.
Issue 12-gauge shotguns with cylinder (unchoked) barrels to facility guards,
and ensure that barrels do not exceed 20 inches in length. Authorized ammunition
for armed guards (perimeter and escort) is number 9 shot in trap loads
of 2 3/4 grams of powder and 1 1/8 ounces of shot. Tower guards use number
00 buckshot ammunition.
8-54. Instruct tower and escort guards not
to fire at less than 20 meters to prevent prisoner escapes. Ensure that
these instructions appear in training programs and special instructions
for guards.
8-55. Guards use a 9-millimeter pistol when
escorting prisoners. Do not use rifles, machine guns, or submachine guns
when guarding prisoners. Do not take weapons inside the controlled areas
of an FCF except as directed by the facility commander.
TRANSPORTATION
8-56. The facility commander maintains
safety and security for prisoners under his control. He is also responsible
for transportation requirements when
prisoners are in his custody. Ensure that guard and escort personnel are
familiar with the use-of-force guidelines above and the movement tasks
outlined in STP 19-95C14-SM-TG. Some of the tasks are as follows:
Motor vehicle transport.
Escort guards—
Know the type of vehicle, the
departure time, the number of prisoners and their status, the number of
assigned escorts, and the type of weapon and restraint (if applicable),
and the release procedures at the final destination.
Know the actions to take in case of a disorder
or an escape attempt.
Conduct a thorough vehicle search and remove
or secure all items that can be used as weapons.
Do not handcuff two escape risk prisoners
together or handcuff prisoners to any part of the vehicle.
Sign DD Form 2708 for each prisoner escorted
out of the facility and frisk him before he enters the vehicle.
Follow the loading procedures for the vehicle.
Aircraft transport.Escort
guards—
Know the type of aircraft,
the departure time, the number of prisoners and their status, the number
of assigned escorts, and the type of weapon and restraint (if applicable),
and the release procedures at the final destination.
Follow the procedures outlined in AR 190-47
for transporting prisoners via a commercial aircraft.
Sign for each prisoner on DD Form 2708.
Do not secure prisoners to any part of the
aircraft.
Know latrine, beverage, meal, loading, and
unloading procedures as outlined in AR 190-47.
Rail transport.
Use two escort guards (one armed and one unarmed) when transporting prisoners
by rail. If possible, transport prisoners in enclosed accommodations or
compartments (day and night). If they are unavailable, use coach class
or standard sleeping cars. Escort guards seat themselves in such a way
that they block avenues of escape. The unarmed guard accompanies prisoners
who use latrine facilities and remains in visual contact with them.
TRANSFER AND DISPOSITION OF PRISONERS
8-57. The FCF commander is prepared to transfer
US military prisoners from his facility to other confinement facilities
outside the TO or back to their units. He releases prisoners from confinement
with proper authorization. He coordinates with the SJA and the next higher
commander to determine release authority and for authentication of DD Form
2718. (See Chapter 7and AR 190-47 for detailed guidance on transferring
prisoners.)