Army Regulation 210–35


Download .pdf file here: pdf/prison_camps.pdf

 

 

Installations

Civilian Inmate

Labor Program

 

Headquarters

Department of the Army

Washington, DC

14 January 2005

UNCLASSIFIED


 

 

 

 

SUMMARY of CHANGE


 

AR 210–35

Civilian Inmate Labor Program


 

AR 210–35

Civilian Inmate Labor Program


 

AR 210–35

Civilian Inmate Labor Program

This rapid action revision dated 14 January 2005--

o  Assigns responsibilities to Headquarters, Installation Management Agency

o  Makes administrative and editorial changes (throughout).

This new regulation dated 9 December 1997

o  Provides Army policy and guidance for establishing civilian inmate labor

programs and civilian prison camps on Army installations.

o  Discusses sources of Federal and State civilian inmate labor.


 

 

*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


 

ii


 

 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—


 

 1


 

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


 

2


 

 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


 

 3


 

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


 

4


 

 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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landscaping, painting, carpentry, trash pickup, transporting debris to and from recycling centers, and other similar

activities. No other services are allowed by law.


 

d. Work performed. Work performed by inmates will not interfere nor conflict with approved projects for which


 

resources have been allocated and funds made available for performance by contract or Army civilian labor force, or

with work which can be accomplished within authorized personnel ceilings. The Civilian Inmate Labor Program was

created to provide installation commanders with an alternate labor source to perform valid requirements. Civilian

inmate labor does not compete with existing in–house or contractor resources.


 

e. Participants. Only inmates classified as minimum level security will participate in the Civilian Inmate Labor


 

Program. Minimum level security inmates do not need constant guard. Corrections facilities will be responsible for

ensuring that only minimum level security inmates participate in the inmate labor program and for selecting inmate

participants.


 

(1)  Memoranda of agreement with the corrections facility will state that the installation commander will direct the


 

removal of any inmate deemed undesirable or detrimental in any way to the mission, soldiers, family members, or

civilian employees of the installation.


 

(2)  Under no circumstances will the following types of inmates be permitted in the Civilian Inmate Labor Program:


 

(a)  A person in whom there is a significant public interest as determined by the corrections facility superintendent in


 

coordination with the installation commander.


 

(b)  A person who has been a significant management problem in their current corrections facility or in another


 

facility.


 

(c)  A principal organized crime figure.


 

(d)  An inmate convicted of a sex offense or whose criminal history includes such conduct.


 

(e)  An inmate convicted of a violent crime or whose criminal history includes such conduct.


 

(f)  An inmate convicted of the sale or intent to distribute illegal drugs who held a leadership position in any drug


 

conspiracy, or has been involved with drugs within the last 3 years while in prison.


 

(g)  An escape risk.


 

(h)  An inmate who poses a threat to the general public as determined by the corrections facility superintendent in


 

coordination with the installation commander.


 

 5


 

AR 210–35 • 14 January 2005


 


 

 

(i)  An inmate declared or found insane or mentally incompetent by a court, administrative proceeding, or physician,


 

or under treatment for a mental disease or disorder.


 

(j)  An inmate convicted of arson.


 

(k)  A Federal inmate convicted while on active duty, presently serving a sentence for that conviction.


 

f. Army personnel. Department of the Army personnel will not be involved with custodial aspects of inmate labor


 

details.


 

(a) The Warden and/or Administrator of the local corrections facility is charged with the responsibility and


 

accountability for the control and custody of inmates on labor details at all times. Any use of Army military or civilian

personnel to guard, control, discipline, or otherwise exercise custodial supervision is prohibited.


 

(b)  Army military or civilian personnel may oversee the work to be performed by inmates or inmate labor details.


 

Oversight is defined as telling inmates what they must do by specifying work to be accomplished. This oversight

includes training inmates in performing assigned work, using special equipment, and safety precautions. Oversight also

includes showing inmates the location of the work site and performing quality assurance inspections of inmate work to

determine if the work performed meets quality, quantity, and timeliness specifications. Oversight may also include

requiring inmates to sign time cards at intervals established by the Warden and/or Administrator of the local

corrections facility. If an inmate cannot be located to sign a time card or is otherwise found missing from an assigned

work area, Army personnel will immediately notify the local corrections facility point of contact staff supervisor and

the installation military police.


 

g. Property damage. Generally, any interference with or damage to property under control of the Department of the


 

Army, incident to the execution of inmate labor details, will be promptly corrected by the corrections facility as

directed by the installation commander. However, the installation commander has the prerogative to decide first to

thoroughly investigate the incident prior to directing the corrections facility to correct the situation; if the installation

commander opts to first investigate the incident, both Army and corrections facility personnel will participate in the

investigation. If it is determined that the damage or interference resulting in a loss was caused by an inmate or

corrections personnel, both the installation commander and the corrections facility superintendent will be briefed on the

findings, and the installation commander may—


 

(1) Request the corrections facility to promptly correct the situation.

(2) Direct that the inmate and/or corrections personnel be removed from the installation.

(3) Direct that the program with the corrections facility be discontinued.

(4)  Decide on any combination of these options. This does not include damages, breakage, or breakdowns occurring


 

to equipment or other property due to normal use, or poor and/or unsafe operational condition.


 

(a)  All memoranda of agreement with the corrections facility must contain a clause addressing how property damage


 

and/or interference will be redressed. An example of this clause is included at appendix B, paragraph 5e. The

aforementioned clause has been used successfully in memoranda of agreement with the FBOP. It is offered as

suggested terminology. There is no specific requirement that the corrections facility be held automatically responsible

for any loss or damage; this should be resolved on a case by case basis by the installation commander.


 

(b)  Investigations may be conducted through AR 15–6 procedures or a report of survey.


 

h. Operation. The Civilian Inmate Labor Program will operate in such a manner that it will not interfere with the


 

operation and/or mission of the installation as determined by the installation commander.


 

i. Safety. Inmate accident compensation procedures set forth at Section 301, Title 28, Code of Federal Regulations


 

(28 CFR 301) apply to all work performed by FBOP inmates. However, installation commanders should check with

their legal advisor to determine potential liability for injuries, accidents, or deaths caused by FBOP inmates or

corrections facility personnel.


 

(1) Corrections facilities have their own safety program and will generally provide safety training to all civilian


 

inmates participating in the inmate labor program. Installations may provide safety equipment; for example, shoes,

goggles, hard hats, and so forth or negotiate this with the corrections facility. Installations providing this equipment

will ensure that the equipment is in safe and serviceable condition.


 

(2) Installation personnel will provide safety training to inmates and inmate labor details and corrections facility


 

personnel specific to the type of work being performed. Such safety training will also cover accident and/or hazardous

working conditions reporting. Installations should provide any required special protective equipment, materials, tools,

and supplies in safe and serviceable condition.


 

(3)  Inmate training must include safety instruction as required by the Occupational Safety and Health Administration


 

(OSHA) in 29 CFR 1910 which establishes specific training requirements and places the responsibility for such safety

training on the employer (the corrections facility). Inmates will report for work details with this OSHA required

training already completed.


 

(4) Inmates will not be assigned work which is inherently dangerous, or of high risk; for example, hazardous


 

materials cleanup, firefighting, and so forth.


 

j.  Emergency medical care. The Army will provide emergency medical care and first aid. In the event of an on–post


 

life threatening situation, the local military hospital will respond with emergency medical service, or the installation

will provide transportation to the nearest available hospital. The corrections facility will be promptly notified of such


 

6


 

 AR 210–35 • 14 January 2005


 


 

 

medical emergencies and/or serious illnesses. The corrections facility will reimburse the Army for all emergency care

costs incurred on behalf of the civilian inmates and/or corrections facility personnel. The corrections facility will

provide routine medical care for civilian inmates.


 

k. Security. The corrections facility retains control and custody of the civilian inmates at all times. In addition to


 

defining areas off limits to inmates, installations should consult with and incorporate corrections facility security

requirements into their memoranda of agreement. For example, the FBOP does not allow inmates to have access to or

use installation phone lines, fax machines, computers and/or computer systems, nor to accept a gratuity of any kind at

any time. Also, inmates will not be used in areas where classified information, personnel records, medical records, or

other confidential or sensitive data is discussed or is in plain view. Inmates working in areas where such information is

locked or secured will be under constant view by Army personnel.


 

l.  Training of Army personnel. The corrections facility will provide training and indoctrination to all Army personnel


 

who will oversee inmate work. Training will cover inmate discipline, staff conduct, inmate accountability, and

corrections facility safety program. This training is mandatory. This training will be provided at no cost to the Army

and at least on an annual basis.


 

m. Public affairs. Installations will develop a public affairs plan that informs the installation and the surrounding


 

local community of the program and work projects assigned to civilian inmate labor. This will largely mitigate

potential negative repercussions from using and having inmates present on the installation. Press releases involving

inmates will be issued only by the corrections facility, in coordination with the installation public affairs office, as

corrections facility officials are responsible for protecting the privacy and other rights of inmates. Press releases

regarding the civilian inmate labor program should be coordinated with the corrections facility superintendent. One

copy of the press release will be routed through command channels to HQDA, Assistant Chief of Staff for Installation

Management, Plans and Operations Division (DAIMMD), and HQDA, Office of the Chief of Public Affairs, Public

Communications Division (SAPAPCD). Press releases do not require HQDA approval prior to release.


 

(1)  Media representatives should not be allowed to interview inmates nor take photographs of inmates without the


 

corrections facility’s and installation public affairs office specific approval.


 

(2)  Requests for interviews or photographs of inmates should be referred to the corrections facility superintendent


 

and the installation public affairs office.


 

2–4. Procedures for establishing installation civilian inmate labor programs


 

Procedures for establishing installation civilian inmate labor programs apply to both off–post corrections facilities and

on–post civilian inmate prison camps.


 

a.  Upon finalizing negotiations with the corrections facility, the installation commander and corrections facility


 

superintendent will prepare a proposed memorandum of agreement, using the format at appendix B, covering all

aspects of the Civilian Inmate Labor Program under consideration. This agreement will include, but is not limited to,

the governing provisions in paragraph 2–3, above. In addition, the memoranda of agreement must include provisions

for reporting serious incidents and negative media coverage, addressed in paragraphs 4–1 and 4–2, and the projected

cost avoidance from using civilian inmates addressed in paragraph 4–3, below.


 

b.  Installations will prepare an Inmate Labor Plan governing administration and operation of the inmate labor


 

program on the installation. This plan will include, but is not limited to, procedures for assigning inmate labor details,

oversight and/or monitoring responsibilities, procedures for requesting inmate labor details, training of personnel

involved with the program, required security and/or safety measures, environmental considerations, and any installation

reporting requirements. Inmate Labor Plan format is determined locally.


 

c.  Memoranda of agreement and/or Inmate Labor Plans will be reviewed as needed by the installation commander


 

and corrections facility superintendent to incorporate changes in Army Civilian Inmate Labor Program policy and other

factors affecting the terms and conditions of these documents.


 

d.  The installation Staff Judge Advocate (SJA) will review the memoranda of agreement and Inmate Labor Plan for


 

legal sufficiency and to ensure that inmates will not be performing functions contrary to law. Other installation

functional proponents will review the memoranda of agreement and Inmate Labor Plan from a functional perspective.


 

e.  Installation civilian personnel offices will inform installation Government employee labor unions of proposals to


 

use civilian inmates and comply with any bargaining obligation under 5 USC 7101 et. seq. (Federal Labor Management

Relations Statute).


 

f.  Requests to establish civilian inmate labor programs will be submitted through command channels to Headquar-


 

ters, Installation Management Activity (SFIM–PL), 2511 Jefferson Davis Highway, Taylor Building, Arlington, VA

22202–3926. Requests must include HQ, IMA endorsement and copies of the proposed memoranda of agreement and

Inmate Labor Plan. The HQ, IMA endorsement includes an SJA review of the memoranda of agreement and Inmate

Labor Plan for legal sufficiency. Other HQ, IMA functional proponents will review the memoranda of agreement and

Inmate Labor Plan from a functional perspective.


 

g.  Installations will not implement civilian inmate labor programs, nor incorporate revisions to existing memoranda


 

of agreement and/or Inmate Labor Plans requiring changes to Army Civilian Inmate Labor Program policy without


 

7


 

AR 210–35 • 14 January 2005


 


 

 

HQDA approval. Appendix B contains the format for installation memoranda of agreement; appendix C contains a

sample Inmate Labor Plan.


 

Chapter 3

Establishing Civilian Inmate Prison Camps on Army Installations


 

3–1. Policy statement


 

It is not Army policy to solicit offers from correctional systems to establish civilian inmate prison camps on Army

installations. Nevertheless, the Army recognizes that these correctional systems may approach installations to lease land

on which to build corrections facilities, or to lease unoccupied facilities. The Army will evaluate requests to establish

civilian inmate prison camps on Army installations on a case by case basis. These prison camps will house minimum

and low security inmates, as determined by the correctional systems. However, the Army’s primary purpose for

allowing establishment of prison camps on Army installations is to use the resident nonviolent civilian inmate labor

pool to work on the leased portions of the installation.


 

3–2. Negotiating with correctional systems representatives to establish prison camps


 

Installation commanders will not initiate formal discussions with correctional systems representatives to establish

civilian inmate prison camps on their installations. Installation commanders are not authorized to negotiate with these

representatives without first obtaining HQDA approval to proceed. Once approval is granted, installation commanders

may enter into negotiations, subject to the provisions of this chapter.


 

a.  Establishing civilian inmate prison camps on Army installations is separate from establishing civilian inmate labor


 

programs, as discussed in chapter 2 above. Establishing civilian inmate prison camps does not automatically institute a

civilian inmate labor program. Procedures for establishing civilian inmate labor programs, incident to establishing

civilian inmate prison camps, still apply.


 

b.  As noted in paragraph 2–1, above, civilian inmate labor programs are limited to use of inmates under the control


 

of the FBOP. Accordingly, establishment of a State civilian inmate prison camp under a lease pursuant to 10 USC

2667 does not permit the creation of a civilian inmate labor program.


 

c.  Section 1342, Title 31, United States Code precludes the United States Government from accepting voluntary


 

services unless specifically allowed by statute. The Army has determined that accepting inmate labor with no

associated cost for inmate labor is equivalent to accepting voluntary services from corrections facilities. This precludes

using State and local civilian inmates from off–post corrections facilities. However, inmate labor programs using State

and local civilian inmates from on–post prison camps is allowed. Section 2667, Title 10, United States Code governing

leases of DOD property allows acceptance of inmate labor as payment in kind for real property leased to correctional

systems for use as prison camps in an amount equivalent to the fair market value of the lease interest; however, such

labor is limited to maintenance, protection, repair, improvement, and restoration activities on the leased facilities.


 

3–3. Governing criteria civilian inmate prison camps


 

The following criteria apply to establishing civilian inmate prison camps on Army installations:


 

a.  Since the correctional system has full responsibility and authority over the use and occupation of the civilian


 

inmate prison camp, all claims for property damage or personal injury arising therein are the responsibility of the

correctional system, not the Army.


 

b.  The installation commander and HQ, IMA must assess the impacts that the prison and prison population will have


 

on the installation, military mission, and installation population. At a minimum, the installation commander must

consider mission security, possible impacts on military families living on–post, and community concerns.


 

c.  Prison facility sites should be separated from the general installation population to the maximum extent possible.


 

At a minimum, prison facilities should not be located in close proximity to family housing, dormitories, or community

support facilities.


 

d.  Prison facilities should not be located in close proximity to critical mission areas where surveillance of activities


 

could become a source of intelligence data.


 

e.  Location of prison facilities should be in keeping with the requirements and objectives of installation comprehen-


 

sive planning concepts and environmental considerations at the individual installation.


 

f.  Civilian inmate prison camps will not be collocated with military confinement facilities.


 

g.  Using installation facilities is acceptable when buildings are scheduled for demolition, or are not needed for


 

current or programmed mission requirements and can be rehabilitated.


 

h.  The correctional system will provide the primary source of funding for establishing, operating, and maintaining


 

prison facilities.


 

i.  Support and services provided between the Army installation and a Federal civilian inmate prison camp will be


 

delineated in a formal ISA in accordance with Department of Defense Instruction (DODI) 4000.19. There should be no


 

8


 

 AR 210–35 • 14 January 2005


 


 

 

need for any reimbursement policy where State corrections facilities are concerned because the cost of doing business

with a State corrections facility should be factored into the lease agreement.


 

j.  Correctional systems’ use of Army real property will be in accordance with AR 405–80.


 

k.  AR 42041 establishes policy, responsibility, and procedures for acquisition and sale of utility services. A separate


 

contract form is required for use in the sale of utilities and related services.


 

3–4. Governing provisions for operating civilian inmate prison camps on Army installations


 

Civilian inmate prison camps on Army installations are subject to the following provisions:


 

a.  No weapons other than those authorized for the security of the civilian inmate prison camp and public protection


 

will be permitted on prison camp premises. Storage, possession, control, and use of such weapons will be in

accordance with corrections facility policy and procedures.


 

b.  No alcohol or controlled substances other than those under the control and supervision of the corrections facility


 

medical personnel will be permitted on civilian inmate prison camp premises. Storage, possession, control, dispensing,

and use of such drugs will be in accordance with corrections facility policy and procedures.


 

c.  The corrections facility must have a comprehensive written security plan; a contingency plan for handling


 

walkaways, escapes, riots, serious incidents, job actions or strikes, and any other disruption; and a plan designed to

ensure that adequate medical, sanitation, recreational, and other humanitarian services are provided for the inmates

housed at the civilian inmate prison camp. These plans will be made available to the installation commander.


 

d.  Army personnel will not be involved in quelling or suppressing riots, disorders, and similar incidents within


 

civilian inmate prison camp premises. Military police may not respond to or investigate incidents which occur within

the civilian inmate prison camp and involve inmates or correctional facilities personnel, unless the installation

commander determines that such action is reasonably necessary to protect personnel, equipment, or facilities under his

or her control. They may gather information to fulfill AR 190–40 reporting requirements. Military police may take

immediate action to save life or property or protect a Federal function. They may detain and restrain walkaways,

escapees, and persons who commit a felony or breach of peace in their presence. However, inmates detained by

military police will be turned over to civilian authorities as soon as possible. Military police will continue to perform

military law enforcement duties to maintain good order and discipline on the installation, such as patrolling and

criminal investigation of incidents occurring outside the prison camp, even if these activities indirectly enhance the

camp’s security.


 

e.  Civilian inmate prison camp personnel must request approval from the installation commander before using riot


 

control agents or deadly force to quell prison riots, disorders, or other incidents.


 

f.  Army personnel will not be involved in any manner with civilian inmate prison camp operations, except as


 

otherwise specified in paragraph 3–4d, above.


 

3–5. Procedures for establishing a civilian inmate prison camp on Army installations


 

The following procedures apply to establishing a civilian inmate prison camp on Army installations. These procedures

are separate from those procedures discussed in chapter 2 above for establishing a civilian inmate labor program.

Installations desiring to both establish a civilian inmate prison camp and an inmate labor program must follow the

procedures outlined in chapters 2 and 3 of this regulation. Establishment of a civilian inmate prison camp does not

automatically establish a civilian inmate labor program. Separate documents must be executed for each action, as

outlined below. However, as noted in paragraph 2–1, above, civilian inmate labor programs are limited to use of

inmates under the control of the FBOP. Establishment of a State civilian inmate prison camp under a lease pursuant to

10 USC 2667 does not permit the creation of a civilian inmate labor program.


 

a.  Installations will submit a proposal to establish a civilian inmate prison camp through command channels to


 

HQDA, Assistant Chief of Staff for Installation Management, Plans and Operations Division (DAIM–MD), 600 Army

Pentagon, Washington, DC 20310–0600. The proposal must be signed by the installation commander, be endorsed by

the chain of command at all levels, and address the following areas:


 

(1) Proposed civilian inmate prison campsite, intended use for existing buildings, planned renovations, or new


 

construction. Include a site drawing of the planned area.


 

(2) Proposed number of inmates to be housed and security level of inmates.

(3) Proposed number of inmates to be used in work details, if applicable.

(4)  Economic analysis of the cost and/or benefits of establishing a civilian inmate prison camp. The analysis must


 

include all the costs of providing all utility needs, such as water supply, wastewater treatment, stormwater, solid waste

management, electricity, and central steam or hot water. The analysis must also describe the planned method of

reimbursing the Army for these costs and how a transfer of funds from the corrections facility to the Army will be

effected.


 

(5) Synopsis of the correctional system’s request to establish a civilian inmate prison camp.

(6) Compliance with the National Environmental Policy Act, the Stewart B. McKinney Homeless Assistance Act,


 

and any successor legislation.


 

 9


 

AR 210–35 • 14 January 2005


 


 

 

(7)  Local community reaction, including family member reaction to establishing a civilian inmate prison camp on


 

the installation.


 

(8) Summary of the benefits the Army will derive from establishing a civilian inmate prison camp. Address the


 

services the Army will provide the prison camp and the services the prison camp will provide the Army in return.

However, keep in mind that for State civilian inmate prison camps established pursuant to a lease under 10 USC 2667,

the services that the prison camp may provide to the Army are limited to maintenance, protection, restoration, repair,

and improvement of the leased facilities.


 

(9)  Risk assessment regarding the facilities proposed for outgranting. Address the viability of establishing a civilian


 

inmate prison camp.


 

(10) Correctional system security plan for the civilian inmate prison camp.

(11) Proposed length of time of agreements (ISAs and lease and/or permit).

(12) Report of availability of real property and/or facilities proposed for outgranting.


 

b.  Upon receiving HQDA approval, installations may request the Corps of Engineers district office to proceed with


 

preparing the appropriate outgrant document with the correctional system for the right to use Army real property and

facilities, and, for Federal civilian inmate prison camps, prepare a permit and an ISA delineating the services to be

rendered by the civilian inmate prison camp and the support required from the installation. One copy of the outgrant

document and the ISA, where applicable, will be forwarded through command channels to HQ, IMA (SFIM–PL).


 

c.  For Federal civilian inmate prison camps, the outgrant document will reference the ISA governing services the


 

installation will provide the prison camp, and the services the prison camp will provide the installation, if applicable,

under the memoranda of agreement establishing an installation civilian inmate labor program. The outgrant document

by itself does not establish a civilian inmate labor program. A separate memoranda of agreement with the corrections

facility is still required. All outgrants of Army real property will be prepared in accordance with AR 405–80.


 

d.  Installations intending to establish a civilian inmate labor program using inmates to be housed in the on–post


 

prison camp will follow the procedures outlined in chapter 2 above.


 

3–6. Interservice, interagency, or interdepartmental support agreements


 

The ISAs documents the services installations will provide the Federal civilian inmate prison camp and the services the

prison camp will provide the installation, in return. The ISAs will be prepared in accordance with DODI 4000.19 and

AR 37–49 and will cover the same period as the outgrant document. The ISAs are subject to annual review to examine

current costs and determine next year project assignments. Installation commanders have the authority to negotiate and

approve ISAs locally. Executing an ISA does not establish a civilian inmate labor program. A separate memoranda of

agreement with the corrections facility is still required in accordance with the procedures delineated in chapter 2 above.


 

a.  Utility sales contracts and memoranda of agreement establishing civilian inmate labor programs using inmates


 

from the on–post Federal civilian inmate prison are attachments to the ISAs.


 

b.  The ISAs will require the Federal civilian inmate prison camp to have a mutually acceptable utility and/or energy


 

conservation program and an environmental management plan. The prison camp will provide assurance that it is

resourced to carry out these provisions.


 

c.  No credits for inmate labor will be given to offset support services provided to the Federal civilian inmate prison


 

camp.


 

Chapter 4

Reporting and Recordkeeping


 

4–1. Incident reports


 

Serious incidents, that is, walkaways, escapes, riots, disturbances, and any criminal action involving inmates participat-

ing in the civilian inmate labor program and/or occurring in onpost civilian inmate prison camps will be reported in

accordance with AR 190–40. One copy of incident reports will be provided to HQ, IMA (SFIM–PL), and HQDA,

Office of the Chief of Public Affairs, Public Communications Division (SAPA–PCD). Accidents involving inmates will

be investigated and reported in accordance with AR 385–40.


 

4–2. Media coverage


 

Any media coverage involving inmates participating in the Civilian Inmate Labor Program, or involving onpost civilian

inmate prison camps, will be reported through command channels to HQ, IMA (SFIMPL), and HQDA, Office of the

Chief of Public Affairs, Public Communications Division (SAPA–PCD). Report media source (newspaper, magazine,

radio, television), name of media source (and radio and/or television channel), date of coverage, synopsis of report, and

whether the report had local, regional, or national coverage. Provide copies of the article and/or script, if available.


 

10


 

 AR 210–35 • 14 January 2005


 


 

 

4–3. Recordkeeping


 

Installations will maintain records of their civilian inmate labor programs. These records will be used in higher

headquarters efforts to assess program utility and assess the effectiveness of key management controls identified in

appendix D. The management and final disposition of all civilian inmate labor programs and civilian inmate prison

camp records will comply with AR 25–400–2. Recordkeeping will cover the following topics:


 

a.  For civilian inmate labor programs—

(1)  Summary listing of all work projects employing civilian inmates, including project duration, number of civilian


 

inmates used on the project, number of corrections facility personnel supervising work details assigned to each project,

and number of Army military and civilian personnel engaged in oversight activities per project.


 

(2)  Cost avoidance generated from civilian inmate labor. Cost avoidance is based on determining the dollar value of


 

inmate labor by equating inmate work performed to the dollar value and costs of similar work if performed by

authorized and funded positions, or by contract. Cost avoidance must be calculated using the following equation:


 

Cost avoidance=Dollar value of civilian labor (including fringe benefits, monitoring, and overhead) and/or contracts for

functions inmates now perform (including overtime) minus  Cost of equipment, materials, and supplies furnished to

inmate labor details minus Costs of transporting inmates to and from corrections facility (as applicable) minus  Inmate

meal costs (if provided) minus  Program administration costs minus Any other costs associated with the civilian inmate

labor program.


 

(3)  Synopsis of special incidents and/or military police (MP) reports involving civilian inmate labor. This includes


 

significant events and anticipated problems.


 

(4) Media inquiries and responses provided.

(5) Synopsis of any complaints and/or concerns from the surrounding off–post community and family members


 

regarding inmate labor, together with any action taken to resolve the complaint.


 

(6) Borrowed military manpower returned to duty resulting from inmate labor.


 

b.  For civilian inmate prison camps—

(1) Monthly average daily population for the facility.

(2) Any Right of Entry violations and corrective measures taken.

(3) Direct and reimbursable obligations for support provided to the civilian inmate prison camp, to allow for


 

analysis of spending trends.


 

(4) Synopsis of any complaints and/or concerns from the surrounding off–post community and family members


 

regarding the civilian inmate prison camp, together with any action taken to resolve the complaint.


 

(5) Synopsis of special incidents and/or MP reports involving the civilian inmate prison camp. This includes


 

significant events and anticipated problems.


 

(6) Media inquiries and responses provided.


 

 11


 

AR 210–35 • 14 January 2005


 


 

 

Appendix A

References


 

Section I

Required Publications


 

AR 11–2


 

Management Controls. (Cited in para 1–4e(4).)


 

AR 15–6


 

Procedures for Investigating Officers and Boards of Officers. (Cited in para 2–3g(4)(b).)


 

AR 37–49


 

Budgeting, Funding, and Reimbursement for Base Operations Support of Army Activities. (Cited in para 3–6.)


 

AR 190–40


 

Serious Incident Report. (Cited in paras 1–4h(1), 3–4d, 4–1, and D–4c(5).)


 

AR 385–40


 

Accident Reporting and Records. (Cited in para 4–1.)


 

AR 405–80


 

Management of Title and Granting Use of Real Property. (Cited in paras 3–3j  and 3–5c.)


 

AR 420–41


 

Acquisition and Sales of Utilities Services. (Cited in paras 3–3k.)


 

AR 600–55


 

The Army Driver and Operator Standardization Program (Selection, Training, Testing and Licensing). (Cited in para

2–3b(3).)


 

5 USC 7101 et. seq.


 

Federal Labor Management Relations Statute. (Cited in para 2–4e.)


 

10 USC 2667


 

Leases, NonExcess Property of Military Departments. (Cited in paras 1–1, 3–2b, 3–2c, 3–5a(8).)


 

18 USC 4125(a)


 

Public Works; Prison Camps. (Cited in paras 1–4j(1), 1–4k(1), 2–1a, 2–1f, and 2–3c.)


 

28 CFR 301


 

Inmate Accident Compensation. (Cited in para 2–3i.)


 

29 CFR 1910


 

Occupational Safety and Health Standards. (Cited in para 2–3i(3).)


 

31 USC 1342


 

Limitation on Voluntary Services. (Cited in para 3–2c.)


 

DODI 4000.19


 

Interservice, Interdepartmental, and Interagency Support. (Cited in paras 3–3i  and 3–6.)


 

Executive Order 11755


 

Prison Labor. (Cited in paras 1–4j(1), 1–4k(1), 2–1d(3), and 2–1f.)


 

PL 103–337, Section 1065


 

Demonstration Project for Use of Army Installations to Provide Prerelease Employment Training to Nonviolent

Offenders in State Penal Systems. (Cited in paras 1–1 and 2–1d(1).)


 

12


 

 AR 210–35 • 14 January 2005


 


 

 

Section II

Related Publications


 

A related publication is a source of additional information. The user does not have to read it to understand this

publication. Army regulations and pamphlets are available on the Army Publishing Directorate’s Web site at http://

www.apd.army.mil.


 

AR 5–9


 

Area Support Responsibilities


 

AR 5–20


 

Commercial Activities Program


 

AR 25–400–2


 

The Army Records Information Management System (ARIMS)


 

AR 190–47


 

The U.S. Army Correctional System


 

18 USC Chapter 303


 

Bureau of Prisons (Available at http://www.gpoaccess.gov/USCODE/INDEX.HTML.)


 

18 USC Chapter 305


 

Commitment and Transfer (Available at http://www.gpoaccess.gov/USCODE/INDEX.HTML.)


 

18 USC Chapter 1385


 

Posse Comitatus Act (Available at http://www.gpoaccess.gov/USCODE/INDEX.HTML.)


 

28 USC 1346(b), 2671–2680


 

Federal Tort Claims Act (Available at http://www.gpoaccess.gov/USCODE/INDEX.HTML.)


 

DODD 5525.5


 

DOD Cooperation with Civilian Law Enforcement Officials (Available at http://www.dtic.whs/directives.)


 

FAR, Part 22.201


 

Convict Labor (Available at http://www.arnet.gov.far/.)


 

Section III

Prescribed Forms


 

This section contains no entries.


 

Section IV

Referenced Forms


 

DA Form 11–2–R


 

Management Control Evaluation Certification Statement (Available at http://www.apd.army.mil.)


 

Appendix B

Memorandum of Agreement Format


 

This memorandum of agreement (MOA) format addresses agreements between Army organizations and Federal

corrections facilities under the control of the U.S. Federal Bureau of Prisons (FBOP) and is the template for developing

such agreements. This MOA format contains all required clauses for compliance with Army policy on using civilian

inmates. This MOA format may be modified to accommodate State/local civilian inmate use authorized under the

exceptions cited in paragraph 2–1d of this regulation. Users of this template should make the appropriate substitutions

indicated in bold print and bounded by parenthesis to tailor this template for their own use.


 

 13


 

AR 210–35 • 14 January 2005


 


 

 

Figure B–1. Sample format for a memorandum of agreement


 

14


 

 AR 210–35 • 14 January 2005


 


 

 

Figure B–1. Sample format for a memorandum of agreement—continued


 

 15


 

AR 210–35 • 14 January 2005


 


 

 

Figure B–1. Sample format for a memorandum of agreement—continued


 

16


 

 AR 210–35 • 14 January 2005


 


 

 

Figure B–1. Sample format for a memorandum of agreement—continued


 

 17


 

AR 210–35 • 14 January 2005


 


 

 

Figure B–1. Sample format for a memorandum of agreement—continued


 

18


 

 AR 210–35 • 14 January 2005


 


 

 

Figure B–1. Sample format for a memorandum of agreement—continued


 

Appendix C

Sample Inmate Labor Plan


 

This sample Inmate Labor Plan may be used as a template to develop user Inmate Labor Plans. This sample Inmate

Labor Plan contains all required clauses for compliance with Army policy on using civilian inmates. Users of this

template should make the appropriate substitutions indicated in bold print and bounded by parenthesis to tailor this

template for their own use. User Inmate Labor Plans may be a regulation, letter of instruction, policy memorandum, or

other document of the user’s choice.


 

 19


 

AR 210–35 • 14 January 2005


 


 

 

Figure C–1. Sample Inmate Labor Plan—continued


 

20


 

 AR 210–35 • 14 January 2005


 


 

 

Figure C–1. Sample Inmate Labor Plan—continued


 

 21


 

AR 210–35 • 14 January 2005


 


 

 

Figure C–1. Sample Inmate Labor Plan—continued


 

22


 

 AR 210–35 • 14 January 2005


 


 

 

Appendix D

Management Control Evaluation Checklist


 

D–1. Function


 

The function covered by this checklist is the administration of the Army’s Civilian Inmate Labor Program, which is

currently limited to using inmates from facilities under the control of the Federal Bureau of Prisons.


 

D–2. Purpose


 

The purpose of this checklist is to assist HQDA, HQ, IMA, and installation program administrators in evaluating the

key management controls outlined below. It is not intended to cover all controls.


 

D–3. Instructions


 

Answers must be based on the actual testing of key management controls (for example, document analysis, direct

observation, sampling, simulation, other). Answers that indicate deficiencies must be explained and corrective action

indicated in supporting documentation. These key management controls must be formally evaluated annually. Certifica-

tion that this evaluation has been conducted must be accomplished on DA Form 11–2–R (Management Control

Evaluation Certification Statement).


 

D–4. Test Questions


 

a.  Are any installations using civilian inmate labor without HQDA approval?


 

b.  Do all installations using civilian inmate labor have an HQDA approved Memorandum of Agreement with the


 

provider corrections facility and an Inmate Labor Plan governing operation of civilian inmate labor details on the

installation? Do these memorandum of agreements and Inmate Labor Plans reflect current Department of Army

guidance on civilian inmate labor use?


 

c.  Are installations using civilian inmates in accordance with existing legislation and/or regulations and/or policy


 

governing civilian inmate labor utilization on Army installations? Specifically


 

(1)  Are Army civilian and/or military personnel engaged in custodial supervision (guarding) of inmate labor details?

(2) Are inmates working in and around government housing areas? Are inmates working in and around schools,


 

recreation areas and/or facilities, day care centers, recreation libraries, and similar facilities while these facilities are

open to the public?


 

(3) Are only minimum security, nonviolent inmates being used on inmate labor details? Do inmates meet Army


 

Civilian Inmate Labor Program selection criteria defined in paragraph 2–3e, above?


 

(4) Are inmates performing only those functions allowed under 18 USC 4125(a) or by HQDA?

(5)  Are incidents involving Army installation civilian inmate labor programs being reported in accordance with AR


 

190–40 and reporting guidance in this regulation?


 

d.  For Army installations operating civilian inmate labor programs from on–post corrections facilities, are these


 

corrections facilities being given credits for inmate labor to offset base operations support services provided to the

corrections facilities?


 

e.  Do all installations with onpost corrections facilities have HQDA approval to rent facilities and/or land to


 

correctional systems?


 

f.  Do the costs of operating civilian inmate labor programs on Army installations exceed the cost avoidance


 

generated from using civilian inmates, that is, do installation civilian inmate labor programs continue to generate cost

avoidance?


 

D–5. Supersession


 

This checklist is the first checklist developed for the Army Civilian Inmate Labor Program.


 

D–6. Comments


 

Help make this a better tool for evaluating management controls. Submit comments to: Assistant Chief of Staff for

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20310–0600).


 

Appendix E

18 USC 4125(A), and Executive Order 11755

18 USC 4125(a)


 

The Attorney General may make available to the heads of the several departments the services of United States

prisoners under terms, conditions, and rates mutually agreed upon, for constructing or repairing roads, clearing,


 

23


 

AR 210–35 • 14 January 2005


 


 

 

maintaining and reforesting public lands, building levees, and constructing or repairing any other public ways or works

financed wholly or in major part by funds appropriated by Congress.

Executive Order 11755, Dec 29, 1973, as amended by Executive Order 12608, Sep 9, 1987 and

Executive Order 12943, Dec 13, 1994, Prison Labor.


 

The development of the occupational and educational skills of prison inmates is essential to their rehabilitation and to

their ability to make an effective return to free society. Meaningful employment serves to develop those skills. It is also

true, however, that care must be exercised to avoid either the exploitation of convict labor or any unfair competition

between convict labor and free labor in the production of goods and services.

Under sections 3621 and 3622 of title 18 of the United States Code, the Bureau of Prisons is empowered to authorize

Federal prisoners to work at paid employment in the community during their terms of imprisonment under conditions

that protect against both the exploitation of convict labor and unfair competition with free labor.

Several States and other jurisdictions have similar laws or regulations under which individuals confined for violations

of the laws of those places may be authorized to work at paid employment in the community.

Executive Order No. 325A, which was originally issued by President Theodore Roosevelt in 1905, prohibits the

employment, in the performance of Federal contracts, of any person who is serving a sentence of imprisonment at hard

labor imposed by a court of a State, territory, or municipality.

I have now determined that Executive Order No. 325A should be replaced with a new Executive Order which would

permit the employment of non-Federal prison inmates in the performance of Federal contracts under terms and

conditions that are comparable to those now applicable to inmates of Federal prisons.

NOW THEREFORE, pursuant to the authority vested in me as President of the United States, it is hereby ordered as

follows:

SECTION 1.


 

a.  All contracts involving the use of appropriated funds which shall hereafter be entered into by any department or


 

agency of the executive branch for performance in any State, the District of Columbia, the Commonwealth of Puerto

Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Trust

Territory of the Pacific Islands shall, unless otherwise provided by law, contain a stipulation forbidding in the

performance of such contracts, the employment of persons undergoing sentences of imprisonment which have been

imposed by any court of a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,

Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Trust Territory of the Pacific

Islands. This limitation, however, shall not prohibit the employment by a contractor in the performance of such

contracts of persons on parole or probation to work at paid employment during the term of their sentence or persons

who have been pardoned or who have served their terms. Nor shall it prohibit the employment by a contractor in the

performance of such contracts of persons confined for violation of the laws of any of the States, the District of

Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the

Northern Mariana Islands, or the Trust Territory of the Pacific Islands who are authorized to work at paid employment

in the community under the laws of such jurisdiction, if


 

((1)(a)) The worker is paid or is in an approved work training program on a voluntary basis;

((b)) Representatives of local union central bodies or similar labor union organizations have been consulted;

((c))  Such paid employment will not result in the displacement of employed workers, or be applied in skills, crafts,


 

or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services;

and


 

((d))  The rates of pay and other conditions of employment will not be less than those paid or provided for work of a


 

similar nature in the locality in which the work is being performed; and


 

(2).  The Attorney General has certified that the work release laws or regulations of the jurisdiction involved are in


 

conformity with the requirements of this order.


 

((b))  After notice and opportunity for hearing, the Attorney General shall revoke any such certification under section


 

1(a)(2) if he finds that the workrelease program of the jurisdiction involved is not being conducted in conformity with

the requirements of this order or with its intent or purposes.


 

((c))  The provisions of this order do not apply to purchases made under the micropurchase authority contained in


 

section 32 of the Office of Federal Procurement Policy Act, as amended.


 

SECTION 2. The Federal Procurement Regulations, the Armed Services Procurement Regulations, and to the extent

necessary, any supplemental or comparable regulations issued by any agency of the executive branch shall be revised

to reflect the policy prescribed by this order.


 

SECTION 3. Executive Order No. 325A is hereby superseded.


 

SECTION 4. This order shall be effective as of January 1, 1974.


 

24


 

 AR 210–35 • 14 January 2005


 


 

 

Glossary


 

Section I

Abbreviations


 

ACSIM


 

Assistant Chief of Staff for Installation Management


 

AR


 

Army Regulation


 

ASA(FMC)


 

Assistant Secretary of the Army (Financial Management and Comptroller)


 

ASA(IE)


 

Assistant Secretary of the Army (Installations Environment)


 

ASA(MRA)


 

Assistant Secretary of the Army (Manpower and Reserve Affairs)


 

CFR


 

Code of Federal Regulation


 

DA


 

Department of the Army


 

DCS, G-1


 

Deputy Chief of Staff for Personnel


 

DOD


 

Department of Defense


 

DODI


 

Department of Defense Instruction


 

EO


 

Executive Order


 

FAR


 

Federal Acquisition Regulation


 

FBOP


 

Federal Bureau of Prisons


 

HQDA


 

Headquarters, Department of the Army


 

HQ, IMA


 

Headquarters, Installation Management Agency


 

ISA


 

Interservice, Interagency, or Interdepartmental Support Agreement


 

MOA


 

Memorandum of Agreement


 

MP


 

Military Police


 

NAFI


 

Nonappropriated fund instrumentality


 

 25


 

AR 210–35 • 14 January 2005


 


 

 

OSHA


 

Occupational Safety and Health Administration


 

PL


 

Public Law


 

PM


 

Provost Marshal General


 

SJA


 

Staff Judge Advocate


 

USC


 

United States Code


 

Section II

Terms


 

10 USC 2667 (Leases; Non-Excess Property)


 

The Federal law governing leases of DOD property.


 

18 USC 4125(a) (Public Works; Prison Camps)


 

The Federal law governing services Federal civilian inmates can perform for DOD agencies.


 

29 CFR 1910 (Occupational Safety and Health Standards)


 

The Federal law governing workplace safety and health standards.


 

31 USC 1342 (Limitation on Voluntary Services)


 

The Federal law prohibiting Federal government employees or officers from accepting voluntary services except as

specifically allowed by law.


 

Executive Order 11755


 

Executive Order governing use of non-Federal civilian inmates on Federal contracts.


 

Civilian inmates


 

Prisoners incarcerated in a Federal, State, or local government penal facility. Prisoners of a military confinement

facility are not civilian inmates.


 

Civilian Inmate Labor Program


 

Legislation, regulations, policies, and procedures governing the use of civilian inmates on Army installations.


 

Compensation


 

Includes any payment, gift, benefit, reward, favor, or gratuity provided directly or indirectly for services rendered by

the person accepting such payment. Compensation will be deemed indirectly received if it is paid to an entity other

than the individual, in exchange for services performed by the individual.


 

Corrections facility


 

Facility providing correctional treatment to civilian prisoners to motivate them for return to the civilian community.


 

Custodial supervision


 

Any activity undertaken to ensure charge and control, i.e. guarding inmates. This does not include oversight or quality

assurance.


 

DA personnel


 

Department of the Army civilian employees; active duty personnel; National Guard and Reserve personnel on active

duty for training or when performing Federal duties or engaging in any activity directly related to the performance of a

Federal duty or function.


 

26


 

 AR 210–35 • 14 January 2005


 


 

 

Direct labor costs


 

Costs for inmate labor hours worked, i.e., labor costs charged by the corrections facility for working inmates on Army

property.