*Army Regulation 210–35

Headquarters

Department of the Army

Washington, DC

14 January 2005

Effective 14 February 2005

 Installations

Civilian Inmate Labor Program

 Guard of the United States, and the U.S.

A r

 This regulation contains management con-

trol provisions and identifies key manage-

ment controls that must be evaluated.

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During mobilization, the Assistant Chief

of Staff for Installation Management may

modify chapters and policies contained in

this regulation.

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this regulation and establishment of com-

mand and local forms are prohibited with-

out prior approval from Assistant Chief of

S t a f f   f o r   I

Proponent and exception authority.

The proponent of this regulation is the

Assistant Chief of Staff for Installation

Management. The proponent has the au-

thority to approve exceptions or waivers

to this regulation that are consistent with

controlling law and regulations. The pro-

ponent may delegate this approval author-

ity, in writing, to a division chief within

the proponent agency or a direct reporting

unit or field operating agency of the pro-

ponent agency in the grade of colonel or

the civilian equivalent. Activities may re-

quest a waiver to this regulation by pro-

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(DAIM–ZA), 600 Army Pentagon, Wash-

ington, DC 20310–0600.

Suggested improvements. Users are

invited to send comments and suggested

improvements on DA Form 2028 (Recom-

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History. This publication is a rapid action

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Blank Forms) directly to Assistant Chief

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(DAIM–MD), 600 Army Pentagon, Wash-

ington, DC 20310–0600.

summary of change.

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analysis of the expected benefits and must

i

Distribution.  This publication is availa-

ble in electronic media only and is in-

tended for command levels A, B, C, D,

and E for the Active Army, Army Na-

tional Guard of the United States, and the

U.S. Army Reserve.

guidance for establishing and managing

civilian inmate labor programs on Army

installations. It provides guidance on es-

tablishing prison camps on Army installa-

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senior legal officer. All waiver requests

will be endorsed by the commander or

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and forwarded through their higher head-

quarters to the policy proponent. Refer to

AR 25–30 for specific guidance.

reporting incidents related to the Civilian

Inmate Labor Program and/or prison camp

administration.

Applicability.  This regulation applies to

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Army management control process.

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Contents  (Listed by paragraph and page number)

Chapter 1

Introduction,  page 1

Purpose • 1–1, page 1

References • 1–2, page 1

Explanation of abbreviations and terms • 1–3, page 1

Responsibilities • 1–4, page 1

Civilian inmate labor programs • 1–5, page 2

The process • 1–6, page 2

Chapter 2

Establishing Installation Civilian Inmate Labor Programs, page 4

Policy statement • 2–1, page 4

*This regulation supersedes AR 210–35, dated 9 December 1997.

AR 210–35 • 14 January 2005

 i

UNCLASSIFIED

Contents—Continued

Negotiating with corrections systems representatives • 2–2, page 4

Governing provisions • 2–3, page 4

Procedures for establishing installation civilian inmate labor programs • 2–4, page 7

Chapter 3

Establishing Civilian Inmate Prison Camps on Army Installations, page 8

Policy statement • 3–1, page 8

Negotiating with correctional systems representatives to establish prison camps • 3–2, page 8

Governing criteria civilian inmate prison camps • 3–3, page 8

Governing provisions for operating civilian inmate prison camps on Army installations • 3–4, page 9

Procedures for establishing a civilian inmate prison camp on Army installations • 3–5, page 9

Interservice, interagency, or interdepartmental support agreements • 3–6, page 10

Chapter 4

Reporting and Recordkeeping, page 10

Incident reports • 4–1, page 10

Media coverage • 4–2, page 10

Recordkeeping • 4–3, page 11

Appendixes

A. References,  page 12

B. Memorandum of Agreement Format, page 13

C. Sample Inmate Labor Plan, page 19

D. Management Control Evaluation Checklist, page 23

E. 18 USC 4125(A), and Executive Order 11755, page 23

Figure List

Figure 1–1: Civilian Inmate Labor Program process, page 3

Figure B–1: Sample format for a memorandum of agreement, page 14

Figure B–1: Sample format for a memorandum of agreement—continued, page 15

Figure B–1: Sample format for a memorandum of agreement—continued, page 16

Figure B–1: Sample format for a memorandum of agreement—continued, page 17

Figure B–1: Sample format for a memorandum of agreement—continued, page 18

Figure B–1: Sample format for a memorandum of agreement—continued, page 19

Figure C–1: Sample Inmate Labor Plan—continued, page 20

Figure C–1: Sample Inmate Labor Plan—continued, page 21

Figure C–1: Sample Inmate Labor Plan—continued, page 22

Glossary

Index

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 AR 210–35 • 14 January 2005

Chapter 1

Introduction

1–1. Purpose

This regulation provides Army policy and guidance for establishing civilian inmate labor programs and civilian prison

camps on Army installations. Sources of civilian inmate labor are limited to on– and off–post Federal corrections

facilities, State and/or local corrections facilities operating from on–post prison camps pursuant to leases under Section

2667, Title 10, United States Code (10 USC 2667), and off–post State corrections facilities participating in the

demonstration project authorized under Section 1065, Public Law (PL) 103–337. Otherwise, State and/or local inmate

labor from off–post corrections facilities is currently excluded from this program.

1–2. References

Required and related publications and prescribed and referenced forms are listed in appendix A.

1–3. Explanation of abbreviations and terms

Abbreviations and special terms used in this regulation are explained in the glossary.

1–4. Responsibilities

a.  The Assistant Secretary of the Army (Installations and Environment) (ASA(I&E)) will—

(1) Provide policy guidance and resolve policy issues.

(2) Provide overall program direction.

(3)  Serve as approval authority for establishing civilian inmate labor programs and civilian inmate prison camps on

Army installations.

(4) Provide procedural guidance on real property acquisition, management, and disposal relating to establishing

prison camps on Army installations.

b.  The Assistant Secretary of the Army (Financial Management and Comptroller) (ASA(FM&C)) will—

(1) Provide reimbursement policy guidance on interservice, interagency, and/or interdepartmental support agree-

ments between installations and corrections facilities to establish civilian inmate prison camps on Army installations.

(2) Provide reimbursement policy for civilian inmate labor utilization, other than reimbursement for inmate labor

itself.

(3) Review all actions pertaining to the Civilian Inmate Labor Program for compliance with Army financial

management guidance.

c.  The Chief of Public Affairs will—

(1) Monitor media coverage on installation civilian inmate labor programs and civilian inmate prison camps on

Army installations.

(2) Coordinate all proposed media coverage of potential national interest concerning the Army Civilian Inmate

Labor Program and civilian inmate prison camps with the Assistant Chief of Staff for Installation Management

(ACSIM) prior to release.

d.  The Assistant Secretary of the Army (Manpower and Reserve Affairs) (ASA(M&RA)) will—

(1) Provide policy guidance on inmate labor utilization issues pertaining to existing in–house resources.

(2)  Provide policy guidance and procedures for apprising installation government employee labor unions of propos-

als to use civilian inmate labor and, for existing installation civilian inmate labor programs, apprising these unions of

changes in agreements with corrections facilities governing inmate use.

e.  The Assistant Chief of Staff for Installation Management will—

(1) Execute the Army Civilian Inmate Labor Program.

(2) Develop and implement policy and procedures for using civilian inmate labor and establishing civilian inmate

prison camps on Army installations.

(3)  Serve as the focal point for staff coordination on issues pertaining to the Civilian Inmate Labor Program and/or

civilian inmate prison camps.

(4) Conduct a program review in accordance with AR 11–2 once every 5 years.

(5) Provide policy guidance on functions for which civilian inmate labor can be used.

(6) Review reports of availability pertaining to granting the use of Army real property.

(7) Immediately inform the Chief, Legislative Liaison of approval of civilian inmate labor programs and civilian

inmate prison camps on Army installations to facilitate notification to interested members of Congress.

f.  The General Counsel and the Judge Advocate General will review all actions pertaining to the Civilian Inmate

Labor Program and civilian inmate prison camps for compliance with applicable laws and regulations.

g.  The Chief of Engineers will, in those cases involving use of Army real property, handle all matters pertaining to

granting the use of Army real property.

h.  The Provost Marshal General will—

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AR 210–35 • 14 January 2005

(1)  Monitor reporting of serious incidents, that is, walkaways, escapes, riots, disturbances, and any criminal activity

by civilian inmates occurring on the installation under AR 190–40.

(2) Provide policy on law enforcement operations on Army installations.

i.  Heads of other Army Staff and Army Secretariat agencies will provide advice, as necessary, on aspects of the

Civilian Inmate Labor Program within their functional areas of responsibility.

j.  The Director, Headquarters, Installation Management Agency (HQ, IMA) will—

(1)  Ensure that their installations participating in civilian inmate labor programs comply with 18 USC 4125(a) and

other applicable laws governing civilian inmate labor, Executive Order (EO) 11755, and all provisions of this

regulation.

(2)  Review and endorse installation memoranda of agreement (MOA) and Inmate Labor Plans to establish civilian

inmate labor programs and proposals to establish civilian inmate prison camps on Army installations, and forward such

MOA, plans and proposals to Headquarters, Department of the Army (HQDA) for approval.

(3) Review and endorse installation requests for changes to Army Civilian Inmate Labor Program policy.

(4) Annually review installation civilian inmate labor programs against the key management controls listed in

appendix D.

k.  Installation commanders will—

(1) Comply with 18 USC 4125(a) and other applicable laws governing civilian inmate labor, EO 11755, and all

provisions of this regulation.

(2)  Submit the following through command channels to Headquarters, Installation Management Activity (SFIM–PL),

2511 Jefferson Davis Highway, Taylor Building, Arlington, VA 22202–3926:

(a)  Memoranda of agreement and Inmate Labor Plans to establish civilian inmate labor programs.

(b)  Proposals to establish civilian inmate prison camps.

(c)  Written notification of termination of civilian inmate labor programs.

(d)  Revisions to existing memoranda of agreement requiring changes to Army Civilian Inmate Labor Program

policy.

(e)  Requests for guidance on any Civilian Inmate Labor Program situation that is not addressed in this regulation.

(3) Annually review their civilian inmate labor programs to determine if their programs continue to generate cost

avoidance.

(4)  Annually review their civilian inmate labor programs against the key management controls identified in appen-

dix D.

(5)  Report all contacts with State or local corrections system on possible use of civilian inmate labor, facilities, land,

or installation through command channels to Headquarters, Installation Management Activity (SFIM–PL), 2511 Jeffer-

son Davis Highway, Taylor Building, Arlington, VA 22202–3926.

1–5. Civilian inmate labor programs

a.  Civilian inmate labor programs benefit both the Army and corrections systems by—

(1)  Providing a source of labor at no direct labor cost to Army installations to accomplish tasks that would not be

possible otherwise due to the manning and funding constraints under which the Army operates.

(2)  Providing meaningful work for inmates and, in some cases, additional space to alleviate overcrowding in nearby

corrections facilities.

(3) Making cost–effective use of buildings and land not otherwise being used.

b.  Except for the 3 exceptions listed in paragraph 2–1d  below, installation civilian inmate labor programs may use

civilian inmate labor only from Federal corrections facilities located either off or on the installation.

c.  Keys to operating an effective civilian inmate labor program on Army installations include—

(1)  Establishing a comprehensive lease agreement, interservice, interagency, and/or interdepartmental support agree-

ment (ISA), and/or memoranda of agreement with the corrections facility.

(2)  Developing a cooperative working relationship between installation personnel and corrections facility personnel.

(3) Working closely with installation government employee labor unions to ensure union leaders understand the

program and have current information on program status.

(4) Training all installation personnel involved in the operation or administration of the program frequently.

(5)  Developing a public affairs plan informing the installation and the surrounding local community of the program

and work projects assigned to civilian inmate labor.

1–6. The process

Figure 1–1 diagrams the Army Civilian Inmate Labor Program process. The flowchart reads top down and left to right,

starting with the decision to establish both a prison camp and an inmate labor program (the diamond–shaped box in the

upper left corner of the diagram labeled “prison camp inmate labor?”). The diamond–shaped boxes are decision nodes;

the rectangular boxes are steps in the process to establish a civilian inmate labor program, establish a civilian inmate

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 AR 210–35 • 14 January 2005

prison camp on post, or do both. Follow the arrows through the flowchart. Chapters 2 and 3 address procedures for

establishing a civilian inmate labor program and/or on–post civilian inmate prison camp.

Figure 1–1. Civilian Inmate Labor Program process

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AR 210–35 • 14 January 2005

Chapter 2

Establishing Installation Civilian Inmate Labor Programs

2–1. Policy statement

a.  With a few exceptions, the Army’s Civilian Inmate Labor Program is currently limited to using inmates from

facilities under the control of the Federal Bureau of Prisons (FBOP). Section 4125(a), Title 18, United States Code

allows the Attorney General to make available to other Federal agencies the services of Federal inmates and defines the

types of services inmates can perform. The FBOP provides civilian inmate labor free of charge to the Army.

b.  The Army is not interested in, nor can afford, any relationship with a corrections facility if that relationship

stipulates payment for civilian inmate labor. Installation civilian inmate labor program operating costs must not exceed

the cost avoidance generated from using inmate labor (see para 4–3 for a discussion of cost avoidance).

c.  Guidelines in this regulation for establishing installation civilian inmate labor programs pertain to negotiating with

Federal corrections facilities only. Currently, there is no overarching law that addresses establishing State and/or local

civilian inmate labor programs on Department of Defense (DOD) military facilities when these programs use inmates

from off–post corrections facilities.

d.  However, there are 3 exceptions to using State or local civilian inmate labor from off–post corrections facilities—

(1)  Section 1065, PL 103–337, allows the Army to conduct a demonstration project. This demonstration project tests

the feasibility of providing prerelease employment training to nonviolent offenders in a State corrections facility. The

demonstration project is limited to 3 Army installations. The 3 Army installations participating in the demonstration

project may use inmates from an off–post State corrections facility.

(2)  Army National Guard units leasing facilities from the Army or occupying State–owned land or facilities may use

inmates from an off–post State and/or local corrections facility.

(3)  The prohibition against use of State and/or local civilian inmate labor from off–post corrections facilities does

not apply to Civil Works projects where the Army has statutory authority to accept voluntary contributions in the form

of services from State or local governments. If contributed, inmate services are combined with materials or services

paid for with Federally appropriated funds; the use of civilian inmate labor must also comply with the provisions of EO

11755. The use of civilian inmate labor under these exceptions must still comply with the requirements of this

regulation.

e.  Installation commanders must address, in memoranda of agreement with the corrections facilities, all items in the

governing provisions (para 2–3 below).

f.  Section 4125(a), Title 18, United States Code and EO 11755 are incorporated into this regulation at appendix E.

2–2. Negotiating with corrections systems representatives

Installation commanders may initiate discussions with FBOP representatives concerning use of civilian inmate labor on

Army installations, subject to the governing provisions listed in paragraph 2–3. Installation commanders are not

authorized to negotiate with representatives of State or local corrections systems or governmental agencies regarding

civilian inmate labor from off–post corrections facilities (see para 3–2).

2–3. Governing provisions

The following provisions govern the Army Civilian Inmate Labor Program and must be reflected in agreements with

corrections facilities concerning the use of civilian inmate labor on Army installations:

a.  No use of land or facilities. No use of land or facilities on installations is involved in executing civilian inmate

labor programs, except for designated work, latrine, eating, and vending areas.

(1)  Installation commanders will establish areas where inmates are prohibited from entering, and any other restric-

tions that are deemed necessary. These areas will be outlined in the memoranda of agreement between the installation

and the corrections facility. The intent is to preclude fraternization between inmates and civilians, military personnel

and/or, family members and to ensure their safety at all times. Army policy on prohibited areas is to restrict inmates to

the on–post civilian inmate prison camp (where applicable), work areas, latrines, and vending machine areas.

(2) Inmates will not enter or work in or near family housing areas at any time.

(3)  Inmates will not work in day care centers, youth services and/or school–age service centers, schools, recreation

centers, and/or libraries, or similar facilities, except when these facilities are closed to the public, or when the

likelihood of inmate contact with the general military community or family members is remote.

(4) Inmates will not work in areas where medical supplies (drugs, syringes, and so forth) are stored unless the

medical supplies are secured and the inmates are under constant view by Army personnel.

(5) Inmates will not work in areas where firearms and/or ammunition are sold or stored, nor in areas where

alcoholic beverages are sold, stored, or served.

b. Nominal costs. The program must be without direct labor cost (for inmate labor itself) or expense to the

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 AR 210–35 • 14 January 2005

Department of the Army except for nominal costs for equipment, materials, and supplies used in inmate labor details,

program administration, telephone calls to corrections facilities, lunch time meals, transporting inmates to and from

corrections facilities, and other similar costs addressed in paragraph 4–3, below. Inmates participating in the program

will not be recompensed from Department of Army appropriated or nonappropriated funds.

(1)  Inmates are not Department of the Army employees and are not regarded as such. Inmates must not be referred

to as employees. They will not be paid from Department of the Army funds, nor receive any personal or private

gratuity for work accomplished or services rendered. Interservice, interagency, or interdepartmental support agreements

and/or memoranda of agreement with the corrections facility must not create any appearance of employment of

inmates.

(2) Installation commanders have authority to determine and absorb nominal costs associated with their civilian

inmate labor programs. Nominal costs are minor costs incidental to civilian inmate labor program operations. Nominal

costs may be costs for equipment, materials, and supplies used in inmate labor details, program administration,

telephone calls to corrections facilities, lunch time meals, transporting inmates to and from corrections facilities, and

other similar costs addressed in paragraph 4–3, below. Installations may absorb nominal costs associated with their

program on a nonreimbursable basis. However, installation commanders will not reimburse the corrections facility for

inmate labor, either as payment of funds or establishing credits in memoranda of agreement or ISAs as payment for

inmate labor.

(3) Inmates are not allowed to operate Army vehicles or equipment unless they possess the necessary valid

operator’s licenses, have been given proper training in vehicle operation and safety by Army personnel in accordance

with AR 600–55, and are authorized to operate the vehicle or equipment by both the installation and the corrections

facility.

(4) Operation of Army vehicles by inmates is permitted only when absolutely necessary for completion of work.

Inmates will not be permitted to operate vehicles unless in a secured area or under direct observation of installation or

corrections facility personnel. Training to operate Army unique vehicles and/or equipment should be provided by the

Army.

(5) No personal vehicles will be used to transport inmates to and/or from corrections facilities, or to and/or from

work sites.

(6)  Enforcement of inventory, control, issuance, and return of hand tools and equipment provided for inmate labor

details must be controlled by installation plans and/or standing procedures.

c. Services provided to installations. Services provided to the installation must be in accordance with 18 USC

4125(a). Such services are constructing or repairing roads; clearing, maintaining, or reforesting public land; building

levees; or constructing or repairing any other public way or works financed wholly or in major part by funds

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