Confinement of U.S. Military Prisoners
12 February 2010
7-43. Supply functions for units operating the FCF are the same as in other military operations. However,
more emphasis is placed on security measures and accountability procedures that are necessary to prevent
certain supplies and equipment from falling into the hands of prisoners.
7-44. Weapons, ammunition, and emergency equipment (such as hand and leg irons) must be stored in
maximum-security, locked racks and cabinets. These racks and cabinets are then placed in a room that is
located away from prisoner areas.
7-45. The unit logistics officer ensures that a sufficient amount of general use and janitorial items are
available to keep the FCF sanitary and free of potential diseases. General-use items include mops, buckets,
brooms, toiletries, and office supplies. These items are issued under strict control procedures and on an
as-needed basis to prisoners and staff. Health and comfort items are issued to new prisoners during the
initial processing and regularly thereafter. Prisoners request additional supplies using DD Form 504.
Prisoners in a nonpay status receive these items free of charge. Basic health and comfort supplies include,
but are not limited to, safety razor, bath soap, toothbrush, toothpaste, and shoe polish.
7-46. Physical inventories are conducted at least monthly to reconcile and balance the records of the
previous inventory, supplies received, and supplies issued to prisoners. The FCF commander or a
designated representative verifies the inventory in writing.
EMERGENCY PLANNING AND INVESTIGATIONS
7-47. The FCF commander publishes formal plans for apprehending escaped prisoners, protecting and
preventing fires, evacuating the FCF (in CBRNE and regular scenarios), quelling prisoner riots and
disorders, evacuating mass casualties, quarantining U.S. military prisoners, and conducting special
confinement and U.S. military prisoner processing operations. These plans must form part of the unit SOP
and be tailored to the physical environment where the FCF is located. Emergency action plans are tested at
least every 6 months. Evacuation drills (such as fire drills) are conducted monthly. All tests of the
emergency action plans in the FCF are recorded on DA Form 3997. (See DODI 6055.6 and FM 5-415.) The
essential elements of these plans include—
Providing notification by alarm and confirming the nature of the situation.
Providing procedures for manning critical locations on the exterior of the FCF (control points,
escape routes, observation points, defensive positions).
Providing procedures to secure the prisoner population during the execution of emergency action
Instituting prisoner and cadre recall procedures and developing a means of organizing forces (for
example, search parties and riot control teams).
Implementing procedures to terminate the emergency action plan and conducting follow-up
actions (submitting reports, conducting an investigation).
Providing procedures for evacuating mass casualties and securing prisoners.
7-48. The FCF commander is responsible for organizing a reaction force that is trained in the use of force,
riot control formations, and other emergency actions. The size of the reaction force depends on available
personnel assets and the nature of the emergency.
7-49. Where appropriate or legally required, incidents of misconduct, breaches of discipline, or violations
of the UCMJ are investigated using the procedures established in AR 15-6. Before prisoners suspected or
accused of violations are interviewed, advised of their rights against self-incrimination under Article 31,
UCMJ, and told that any statement they make may be used as evidence against them in a criminal trial or in
a disciplinary and adjustment board proceeding. They are told that they have the right to counsel and to
have counsel present during questioning. Requests to consult with counsel will not automatically result in
the case being referred to a three-member board. If requested, arrangements are made for the prisoner to
meet with an attorney as soon as practical. Relevant witnesses, including those identified by U.S. military
prisoners, are interviewed as deemed appropriate by the investigator. Written, sworn statements are
12 February 2010
obtained when possible. The investigation is completed expeditiously, and a disciplinary report is submitted
to the FCF commander or a designated representative.
7-50. Upon receipt of the disciplinary and adjustment board report, the senior board member takes action
to reduce the report to a memorandum for record, refers the case for counseling and/or reprimand, or takes
other appropriate action. (Refer to AR 190-47 for further guidance on a disciplinary and adjustment board.)
RULES OF INTERACTION
7-51. The FCF commander must establish and enforce the ROI that allow for the humane treatment and
care of prisoners, regardless of the reason they are confined ROI include, but are not limited to—
Being professional and serving as positive role models for prisoners.
Being firm, fair, and decisive.
Refraining from being too familiar or too belligerent with prisoners.
Avoiding becoming emotionally or personally involved with prisoners.
Not gambling, fraternizing, or engaging in any commercial activities with prisoners.
Not playing favorites with any prisoners.
Not giving gifts to prisoners or accepting gifts from them.
USE OF FORCE
7-52. Guidelines on the use of force are incorporated into orders, plans, SOPs, and instructions at FDFs
and FCFs. In all circumstances, employ only the minimum amount of force necessary. The use of firearms
or other means of deadly force is justified only under conditions of extreme necessity and as a last resort.
No person will use physical force against a prisoner except as necessary to defend themselves, prevent an
escape, prevent injury to persons or damage to property, quell a disturbance, move an unruly prisoner, or as
otherwise authorized in AR 190-47.
7-53. In the event of an imminent group or mass breakout from the FCF or another general disorder, it
should be made clear to prisoners that order will be restored, by force if necessary. If the situation permits,
a qualified senior NCO or the facility commander will attempt to reason with prisoners engaged in the
disorder before the application of force. If reasoning fails or if the existing situation does not permit
reasoning, a direct order will be given to prisoners to terminate the disorder. Before escalating beyond a
show of force, prisoners not involved in the disturbance may be given an opportunity to voluntarily
assemble in a controlled area away from the disturbance. (See appendix H.)
7-54. Each guard is provided with a whistle or another suitable means of audible alarm. Using firearms to
prevent an escape is justified only when there is no other reasonable means to prevent escape. (See
AR 190-14.) In the event that a prisoner attempts to escape from the confines of the FCF, the guard takes
action according to the following priorities:
Alerts other guard personnel of the attempted escape by blowing three short blasts on a whistle
or by sounding another suitable alarm signal.
Orders the prisoner to halt three times in a loud voice.
Fires only when the prisoner has passed all barriers of the FCF and is continuing the attempt to
7-55. The location of barriers is determined by the physical arrangement of the FCF. Normally, barriers
include fences or walls enclosing athletic, drill, recreational, and prisoner housing areas and administrative
7-56. A guard does not fire on an escapee if the action of firing will endanger the lives of other persons.
When firing is necessary, the guard directs shots at the prisoner with the intent to disable rather than to kill.
Guidelines for the use of firearms by guards escorting prisoners outside the FCF are generally the same as
those for the use of firearms at the FCF. (See AR 190-47.)
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12 February 2010
7-57. The FCF commander ensures that guards are trained to use the weapons with which they are armed.
All personnel are thoroughly trained on policies regarding the use of force and the provisions of AR 190-
14. Only 12-gauge shotguns with cylinder (unchoked) barrels are issued for use by FCF guards, and barrels
will not exceed 20 inches in length. Authorized ammunition for armed guards (perimeter and escort guards)
is Number 9 shot in trap loads of 2¾ drams equivalent of power and 1⅛ ounces of shot. Tower guards may
use 00 buckshot ammunition.
7-58. Tower guards and escort guards are instructed that the shotgun will not be fired at a range of less
than 20 meters to prevent prisoner escapes. Such instructions will appear in prisoner guard training
programs and in special instructions prepared for guard personnel.
7-59. The M9 pistol and M16 and/or M4 rifles are used when prisoners are under escort. Machine guns and
submachine guns are not to guard U.S. military prisoners. Weapons are not taken inside controlled areas of
the FCF, except at the expressed direction of the FCF commander.
7-60. The FCF commander is responsible for prisoner transportation requirements, to include safety and
security once a prisoner is under the FCF commander’s direct custody. (See chapter 4 for more information
on transportation considerations.) The FCF commander must ensure that the guard and escort force is
thoroughly familiar with the RUF and the movement tasks outlined in STP 19-31E1-SM. The FCF
commander ensures that escort guards—
Know the type of vehicle being used, departure time, number of prisoners and their status, the
number of assigned escorts, the type of weapons they are armed with, type of restraints used (if
applicable), and transfer procedures at the final destination.
Know the actions to take in the event of a disorder or an escape attempt.
Conduct a thorough vehicle search and ensure that items which could be used as weapons are
removed or secured.
Do not handcuff two prisoners together if they are both at risk for escape.
Do not handcuff prisoners to any part of a vehicle.
Sign a DD Form 2708 for each prisoner escorted out of the FCF and frisk the prisoners before
loading them into the vehicle.
Follow loading procedures based on the type of transport available.
Know emergency, loading, unloading, latrine, and meal procedures.
TRANSFER AND DISPOSITION OF U.S. MILITARY PRISONERS
7-61. The FCF commander must be prepared to transfer U.S. military prisoners from their facilities to
other confinement facilities outside the theater or back to their units. Receiving units are responsible for the
movement of prisoners. Prisoners are only released from confinement with proper authorization. The FCF
commander coordinates with SJA and the next higher commander to determine release authority and
authenticate DD Form 2718 (Inmate’s Release Order). (Detailed guidance on the administrative and
operational processing required for prisoner transfer is outlined in AR 190-47.)
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Rehabilitation of U.S. Military Prisoners and Detainees
The rehabilitation of U.S. military prisoners has long been practiced, but it has only
recently become a focus for detainees. Lessons learned have highlighted this critical
requirement, and military police have been actively involved in a complete
reengineering of apprehension, detention, and release procedures for detainees as a
result. These new detention procedures are based on rehabilitation and reeducation
programs for Islamic extremists developed in Singapore and Saudi Arabia and
incorporate lessons learned from Abu Ghraib and other recent and historical U.S.
involvement with detainee operations. The rehabilitation procedures also draw from
established policies and procedures for rehabilitation that are already effectively
employed for U.S. military prisoners. The rehabilitation of detainees plays a critical
role in counterinsurgency operations and benefits the overall counterinsurgency
8-1. Issues of apprehension, incarceration, recidivism, and programs to curb violent behavior in released
persons is a long-studied subject by generations of scholars. Entire organizations are built around these
issues and take years of in-depth analysis to reach conclusions for policy application. This is further
complicated by the conditions in a combat zone.
8-2. Detention provides military police with an opportunity for interaction and positive influence on U.S.
military prisoners and detainees. Military police provide humane and even-handed treatment to prisoners
and detainees in their care. These persons are within the control of military police under circumstances that,
unchecked, could cause military police to regard them great animosity. It is the professionalism and
discipline of military police that facilitates impartial conduct toward prisoners and detainees and prevent
animosity from manifesting itself. This, in turn, sends a clear message of fairness and impartiality toward
the indigenous people. Military police internment operations in support of long-term stability operations,
particularly within the context of counterinsurgency, must be deliberately and professionally conducted
with an understanding of the impact of perception and subsequent negative information operations used by
the threat to discredit the U.S. military.
8-3. Detention or imprisonment can be a period of transitory idleness where the U.S. military prisoner or
detainee simply endures the period of his internment and contemplates the humiliation or perceived
injustice of his condition. Conversely, it can be one of the most productive and auspicious rehabilitative
measures that society can provide the individual and his respective society. Rehabilitative measures have
resulted in decreased recidivism and should begin the moment the individual is apprehended or captured
and fully implemented upon transfer to a fixed facility.
8-4. U.S. military prisoners and detainees are afforded selected privileges, such as sending and receiving
correspondence or employment opportunities for compensation. The presumption is that U.S. military
prisoners and detainees receive these benefits unless the commander determines that a modification of the
privileges is required by a violation of camp discipline or (in the case of CIs, unlawful enemy combatants
or U.S. military prisoners) for imperative reasons of security. Commanders and operation officers consult
with the local servicing SJA or legal advisor when determining whether to withhold the above stated
activities from any U.S. military prisoner or detainee.
12 February 2010
SECTION I – U.S. MILITARY PRISONERS
8-5. All prisoners (unless precluded because of disciplinary, medical, or other reasons determined
appropriate by the facility commander) engage in useful employment that is supplemented by appropriate
supervision, mental health programs, professional evaluation, education, training, and welfare activities.
Activities established and resources allocated to meet these requirements are not to be less arduous or more
generous than for military personnel who are not incarcerated.
8-6. Correctional evaluation and classification are based (at a minimum) on an individual prisoner’s
offense, attitude, aptitude, intelligence, personality, adaptation to incarceration, record of performance
before incarceration, and potential for further military service. (See DODI 1325.7.)
8-7. The facility commander establishes an inmate classification plan that covers policies and procedures
for inmate classification. The plan specifies objectives and methods for achieving goals, to include
monitoring and evaluating the classification process. The plan is reviewed and updated annually. The
classification plan, at a minimum, contains and/or implements the following:
Assessment of a prisoner’s adjustment to and progress of confinement.
Assignment to a staff member/team to ensure supervision and personal contact.
Review of prisoner’s classification at least annually.
Criteria and procedures for determining and changing an inmate’s classification status, to
include at least one level of appeal.
Notice to all prisoners 48 hours in advance to appear at their classification hearing and are given
notice before the hearing, unless the potential security of the facility or others is at serious risk.
Opportunity for prisoners to request and receive authorization from the facility commander or
his designated representative to review the progress and classification status as noted on the DD
Form 2712 (Inmate Work and Training Evaluation).
Risk assessment of the inmate.
8-8. The facility commander establishes classification review boards that—
Consider and make recommendations to the facility commander or a designated representative
regarding each prisoner’s correctional treatment program, including custody grade, quarters,
training, work, planned disposition, and special treatment.
Review background information and consider cases of prisoners to determine their individual
correctional treatment program and initial assignment.
Conduct special reviews when directed by the facility commander.
Report findings, recommendations, and actions taken by the facility commander or a designee by
using the prisoner classification review and DD Form 2711-1 (Custody Reclassification).
Divulge recommendations only to persons with a need to know.
8-9. Classification review boards consist of an E-8/general schedule (GS)-12 or above with two enlisted
members (E-6 or above). A GS-7 may be substituted for one of the NCO members. (See AR 190-47.)
8-10. The facility commander establishes disposition boards to perform functions that include—
Considering and making recommendations to the facility commander regarding clemency
actions and requests for parole.
Conducting work per policies established in AR 190-47.
Rehabilitation of U.S. Military Prisoners and Detainees
12 February 2010
Following procedures established by the facility commander.
Preparing a mental health report (documented by mental health personnel) for each prisoner
appearing before the board who is confined for murder, rape, aggravated assault, aggravated
arson, sexual offenses, child abuse, or an attempt to commit any of these offenses.
Ensuring receipt of current recommendations by the disposition board and the facility
commander not earlier than 30 days in advance a prisoner’s maximum eligibility date for
consideration by the secretary of the Service concerned. Disposition evaluations and
recommendations being submitted for annual consideration will be forwarded 30 days in
advance of annual consideration dates. Minimum eligibility dates for consideration will be
determined per references cited in DODI 1325.7. The disposition board will consider prisoners
for restoration or reenlistment, clemency, and parole. The board will make a recommendation
regarding restoration or reenlistment only if the prisoner has applied for restoration or
Making recommendations regarding clemency for each prisoner requesting consideration.
Consideration for parole will be per AR 15-130 and chapter 8 of AR 190-47. Annual clemency
and parole review dates will occur per AR 15-130, except when an interim consideration for
parole or clemency is directed. When interim consideration occurs, a new annual review date
will be established as of the date of the interim consideration. When action on
restoration/reenlistment, clemency, or parole has been taken, the prisoner will be promptly
informed of the decision.
8-11. Disposition boards consist of an E-8/GS-10 or above with two enlisted members (E-6 or above). A
GS-7 may be substituted for one of the NCO members. When requested by the respective Service, a
member of the prisoner’s Service will be a board member. If a member of the Navy or Coast Guard is not
available, a Marine will usually sit as a board member. (See AR 190-47 for more information on
8-12. Counseling is a continuous process, that often involves every member of the staff and cadre. While
various counseling programs may be available, no prisoner is guaranteed participation in any specific
counseling or treatment program.
8-13. Army Corrections System facilities establish prisoner counseling programs that are commensurate
with staffing levels and the policies set forth in AR 190-47. Counseling is available in all facilities for
immediate problem solving and crisis intervention. Army Corrections System regional facilities and the
U.S. disciplinary barracks provide the following counseling/treatment programs:
Chemical abuse counseling.
Anger management counseling.
Stress management training.
Adjunct therapy programs such as Alcoholics Anonymous and Narcotics Anonymous.
Impact of crimes on victims training.
Other programs consistent with staffing, professional support, and prisoner needs.
8-14. Regional corrections facilities will rely primarily on those counseling/treatment programs available
to all Soldiers. Installations unable to provide basic regional counseling services will request a waiver from
8-15. Another element of the correctional program involves employing U.S. military prisoners. (See
AR 190-47 for more information on U.S. military prisoner employment.) Several considerations involved
with employment include—
Nature of work. Prisoners are employed in maintenance and support activities that provide
work of a useful, constructive nature that is consistent with their custody grade, physical and
12 February 2010
mental condition, behavior, confining offense, sentence status, previous training, individual
correctional requirements, and installation or facility needs.
Coordination of work projects. Close coordination between the facility commander and the
garrison commander or equivalent is maintained to establish worthwhile work projects for the
employment of prisoners. Approval for, and assignment of, prisoners to work on projects are the
responsibilities of the facility commander.
Employment activities. Prisoners may be employed in the manufacturing and processing of
equipment, clothing, and other useful products and supplies for DOD activities or other federal
agencies; in agricultural programs; manufacturing; or the preparation of items to meet
institutional or installation needs.
Vicinity of work. Prisoners cannot work away from the installation or subinstallation on which
the facility is located, except as part of an approved work release program, or upon the facility
Length of workday. When not engaged in prescribed training or counseling, prisoners are
required to perform a full day of useful, constructive work. In general, prisoners are employed
through a standard 40-hour workweek. Supervisors may determine that failure to complete 40
hours was due to factors outside the control of the prisoner, such as weather, sickness, and so on.
This restriction is not intended to limit the authority of commanders to direct extra work during
emergencies, to prevent the assignment of prisoners to details that normally encompass
weekends, or to prevent prisoners from volunteering for extra work.
8-16. Commanders are aware of the following restrictions while employing military prisoners:
A pretrial prisoner will not be assigned work details with posttrial prisoners.
Prisoners will not perform the following work detail:
Exercise dogs (except as part of authorized duties on properly established and recognized
Clean and polish others’ shoes (except in shoe repair and shoe shine projects operated by an
Army Corrections System facility).
Perform laundry work (except in the installation or Army Corrections System facility
Act as cooks or serve meals in individual quarters.
Cultivate or maintain private lawns or gardens.
Make beds or perform orderly or housekeeping duties in government or privately owned
Prisoners will not perform labor that results in financial gain to prisoners or other individuals,
except as specifically authorized by the garrison or Army Corrections System facility
Prisoners will not be given work assignments that require the handling of, or access to, personnel
records, classified information, drugs, narcotics, intoxicants, arms, ammunition, explosives,
money, or institutional keys.
Prisoners will not have access to automation equipment unless approved by the Army
Corrections System facility commander and properly supervised.
Prisoners are required to perform useful work to the same extent as Soldiers who are available
for general troop duty. However, they will not be used on work such as police details, area
maintenance, janitorial duties, or kitchen police within unit areas. Such work projects may be
performed in direct support of the Army Corrections System facility and other installation
functions when approved by the garrison commander or equivalent.
Prisoners will not be placed in any position where the discharge of duties may reasonably be
expected to involve the exercise of authority over other prisoners. However, skilled prisoners
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