Table Of Content

Army Regulation 210–35 Installations Civilian Inmate Labor Program Headquarters Department of the Army Washington, DC 9 December 1997 UNCLASSIFIED SUMMARY of CHANGE AR 210–35 Civilian Inmate Labor Program This new regulation-- 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. Headquarters Department of the Army Washington, DC 9 December 1997 Installations Civilian Inmate Labor Program Army Regulation 210–35 Effective 9 January 1998 H i s t o r y . T h i s i s s u e p u b l i s h e s a n e w Department of Army regulation. S u m m a r y . T h i s r e g u l a t i o n p r o v i d e s g u i d - ance for establishing and managing civilian inmate labor programs on Army installations. It provides guidance on establishing prison c a m p s o n A r m y i n s t a l l a t i o n s . I t a d d r e s s e s recordkeeping and reporting incidents related to the civilian inmate labor program and/or prison camp administration. Applicability. This regulation applies to the Active Army, Civil Works responsibilities of the U.S. Army Corps of Engineers, the U.S. Army Reserve, and the Army National Guard of the United States. This regulation applies within the United States, its territories and possessions, and during full mobilization. P r o p o n e n t a n d e x c e p t i o n a u t h o r i t y . The proponent of this regulation is the As- sistant Chief of Staff for Installation Manage- m e n t . T h e p r o p o n e n t h a s t h e a u t h o r i t y t o approve exceptions to this regulation that are consistent with controlling law and regulation. Proponents may delegate the approval authorization, in writing, to a division chief under their supervision within the proponent agency who holds the grade of colonel or the civilian equivalent. A r m y m a n a g e m e n t c o n t r o l p r o c e s s . This regulation contains management control p r o v i s i o n s a n d i d e n t i f i e s k e y m a n a g e m e n t controls that must be evaluated. Supplementation. Supplementation of this r e g u l a t i o n a n d e s t a b l i s h m e n t o f c o m m a n d and local forms forms are prohibited without prior approval from Assistant Chief of Staff for Installation Management, Plans and Oper- a t i o n s D i v i s i o n , A T T N : D A I M - M D , 6 0 0 A r m y P e n t a g o n , W a s h i n g t o n , D C 2 0 3 1 0 - 0600. Suggested Improvements. Users are in- vited to send comments and suggested im- p r o v e m e n t s o n D A F o r m 2 0 2 8 (Recommended Changes to Publications and Blank Forms) directly to the Assistant Chief of Staff for Installation Management, Plans and Operations Division, ATTN: DAIM-MD, 600 Army Pentagon, Washington, DC 20310- 0600. Distribution. Distribution of this publica- tion will be in accordance with the initial distribution number (IDN) 095492, intended for command levels C, D, and E for Active Army, Army National Guard of the United States, and U.S. Army Reserve. 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 1 The process • 1–6, page 2 Chapter 2 Establishing Installation Civilian Inmate Labor Programs, page 4 Policy statement • 2–1, page 4 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 6 Chapter 3 Establishing Civilian Inmate Prison Camps on Army Installations, page 6 Policy statement • 3–1, page 6 Negotiating with Correctional Systems Representatives to Establish Prison Camps • 3–2, page 6 Governing Criteria—Civilian Inmate Prison Camps • 3–3, page 7 Governing Provisions for Operating Civilian Inmate Prison Camps on Army Installations • 3–4, page 7 Procedures for Establishing a Civilian Inmate Prison Camp on Army Installations • 3–5, page 7 Interservice, Interagency or Interdepartmental Support Agreements (ISA)s • 3–6, page 8 Chapter 4 Reporting and Recordkeeping, page 8 Incident reports • 4–1, page 8 Media coverage • 4–2, page 8 Recordkeeping • 4–3, page 8 Appendixes A. References, page 10 B. Memorandum of Agreement Format, page 10 C. Sample Inmate Labor Plan, page 16 D. Management Control Evaluation Checklist, page 20 AR 210–35 • 9 December 1997 i UNCLASSIFIED Contents—Continued E. 18 USC 4125(A), and Executive Order 11755, page 20 Figure List Figure 1–1: Civilian Inmate Labor Program Process, page 3 Figure B–1: Sample format for a memorandum of agreement, page 16 Figure C–1: Sample Inmate Labor Plan, page 19 Glossary Index ii AR 210–35 • 9 December 1997 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/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 Public Law (PL) 103-337, Section 1065. Otherwise, State/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 ex- plained in the glossary. 1–4. Responsibilities a. The Assistant Secretary of the Army for Installations, Logis- tics and Environment (ASAILE) will— (1) Provide policy guidance and resolve policy issues. (2) Provide overall program direction. (3) Serve as approval authority for establishing civilian inmate l a b o r p r o g r a m s a n d c i v i l i a n i n m a t e p r i s o n c a m p s o n A r m y installations. ( 4 ) P r o v i d e p r o c e d u r a l g u i d a n c e o n r e a l p r o p e r t y a c q u i s i t i o n , management, and disposal relating to establishing prison camps on Army installations. b. The Assistant Secretary of the Army for Financial Manage- ment and Comptroller (ASA(FM&C)) will— (1) Provide reimbursement policy guidance on interservice, interagency, and/or interdepartmental support agreements 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 prior to release. d. The Assistant Secretary of the Army (Manpower and Reserve Affairs) (ASA(MRA)) 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 proposals 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 (AC- SIM) 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 five 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 ) I m m e d i a t e l y i n f o r m t h e C h i e f , L e g i s l a t i v e L i a i s o n o f a p - proval 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 Deputy Chief of Staff for Operations (DCSOPS) will— (1) Monitor reporting of serious incidents, i.e., walkaways, escapes, riots, disturbances, and any criminal activity by civilian inmates occurring on the installation under AR 190-40. ( 2 ) P r o v i d e p o l i c y o n l a w e n f o r c e m e n t o p e r a t i o n s o n A r m y 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. Commanders of major Army commands (MACOMs) 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)s and Inmate Labor Plans to establish civilian inmate labor programs, and proposals to establish civilian inmate prison camps on Army installations, and forward such MOAs, plans and proposals to 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 ) S u b m i t t h r o u g h c o m m a n d c h a n n e l s t o H Q D A , A s s i s t a n t Chief of Staff for Installation Management, Plans and Operations Division, ATTN: DAIM-MD, 600 Army Pentagon, Room 1D676, Washington, DC 20310-0600, the following: (a) MOAs 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 MOAs 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 t h e k e y m a n a g e m e n t c o n t r o l s i d e n t i f i e d i n a p p e n d i x D o f t h i s regulation. (5) Report all contacts with State or local corrections systems on possible use of civilian inmate labor, facilities or land on the installation through command channels to HQDA, Assistant Chief of Staff for Installation Management, Plans and Operations Division (DAIM-MD), DSN 224-3084, commercial (703) 614-3084. 1–5. Civilian inmate labor programs a. Civilian inmate labor programs benefit both the Army and corrections systems by—- 1 AR 210–35 • 9 December 1997 (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 three 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 agreement (ISA) and/ or MOA 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) Frequent training for all installation personnel involved in the operation or administration of the program. (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 dia- gram 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 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. 2 AR 210–35 • 9 December 1997 Figure 1-1. Civilian Inmate Labor Program Process 3 AR 210–35 • 9 December 1997 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). 18 USC 4125(a) 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/local civilian inmate labor programs on DOD military facilities when these programs use inmates from off- post corrections facilities. d. However, there are three exceptions to using State or local civilian inmate labor from off-post corrections facilities: (1) PL 103-337, Section 1065 allows the Army to conduct a demonstration project. This demonstration project tests the feasibil- ity of providing pre-release employment training to nonviolent of- fenders in a State corrections facility. The demonstration project is limited to three Army installations. The three 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/local corrections facility. (3) The prohibition against use of State/local civilian inmate la- b o r f r o m o f f - p o s t c o r r e c t i o n s f a c i l i t i e s d o e s n o t a p p l y t o C i v i l Works projects where the Army has statutory authority to accept voluntary contributions in the form of services from State or local g o v e r n m e n t s . I f c o n t r i b u t e d i n m a t e s e r v i c e s a r e c o m b i n e d w i t h materials or services paid for with Federally appropriated funds, the use of civilian inmate labor must also comply with the provisions of Executive Order (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 MOAs with the corrections facilities, all items in the governing provisions, paragraph 2-3 of this chapter. f. 18 USC 4125(a) 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 facili- t i e s c o n c e r n i n g t h e u s e o f c i v i l i a n i n m a t e l a b o r o n A r m y 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 restrictions that are deemed necessary. These areas will be outlined in the MOA 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/ school-age service centers, schools, recreation centers/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 s e c u r e d a n d t h e i n m a t e s a r e u n d e r c o n s t a n t v i e w b y A r m y personnel. (5) Inmates will not work in areas where firearms and/or ammu- nition 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 Department of 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 of this regulation. Inmates participating in the program will not be recompensed from Department of Army appropriated or nonappropriated funds. (1) Inmates are not Department of Army employees and are not regarded as such. Inmates must not be referred to as employees. They will not be paid from Department of Army funds, nor receive any personal or private gratuity for work accomplished or services rendered. ISAs/MOAs 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 of this regulation. Installations may absorb nominal costs associated with their program on a non-reimbursable basis. However, installation commanders will not reimburse the corrections facility for inmate labor, either as payment of funds or establishing credits in MOAs 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 license(s), 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/equipment should be provided by the Army. (5) No personal vehicles will be used to transport inmates to/ from corrections facilities, or to/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 4 AR 210–35 • 9 December 1997 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 appropriated by Congress. Inmates may perform custodial tasks, building demolition, debris removal, mowing, 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. Civil- ian inmate labor does not compete with existing in-house or contrac- tor 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) MOAs 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 three years while they have been 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. (i) An inmate declared or found insane or mentally incompetent by a court, administrative proceeding, or physician, or under treat- ment 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 Army personnel will not be involved with custodial aspects of inmate labor details. (a) The Warden/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 de- fined 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 timeli- ness specifications. Oversight may also include requiring inmates to sign time cards at intervals established by the Warden/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 Army incident to the execution of inmate labor details will be promptly corrected by the corrections facility as directed by the installation commander. How- ever, 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 ) R e q u e s t t h e c o r r e c t i o n s f a c i l i t y t o p r o m p t l y c o r r e c t t h e situation; (2) Direct that the inmate/corrections personnel be removed from the installation; (3) Direct that the program with the corrections facility be dis- continued; or (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/unsafe operational condition. (a) All MOAs with the corrections facility must contain a clause addressing how property damage/interference will be redressed. An example of this clause is included at paragraph 5e of appendix B. The aforementioned clause has been used successfully in MOAs 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 m i s s i o n o f t h e i n s t a l l a t i o n a s d e t e r m i n e d b y t h e i n s t a l l a t i o n commander. i. Safety. Inmate accident compensation procedures set forth at 28 CFR 301 apply to all work performed by FBOP inmates. Howev- er, 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/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 C F R 1 9 1 0 w h i c h e s t a b l i s h e s s p e c i f i c t r a i n i n g r e q u i r e m e n t s a n d 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 dan- gerous, 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 5 AR 210–35 • 9 December 1997 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 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 MOAs. For example, the FBOP does not allow inmates to have access to or use installation phone lines or fax machines, computers/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 M a n a g e m e n t , P l a n s a n d O p e r a t i o n s D i v i s i o n ( D A I M - M D ) , a n d HQDA, Office of the Chief of Public Affairs, Public Communica- tions Division (SAPA-PCD). 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 of this regulation. In addition, the MOA must include provisions for reporting serious incidents and negative media coverage, addressed in para- graphs 4-1 and 4-2, and the projected cost avoidance from using civilian inmates addressed in paragraph 4-3 of this regulation. 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/monitoring responsibilities, procedures for requesting inmate labor details, training of personnel involved with the program, required security/safety measures, envi- r o n m e n t a l c o n s i d e r a t i o n s , a n d a n y i n s t a l l a t i o n r e p o r t i n g r e q u i r e - ments. Inmate Labor Plan format is determined locally. c. MOAs/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 a n d o t h e r f a c t o r s a f f e c t i n g t h e t e r m s a n d c o n d i t i o n s o f t h e s e documents. d. The installation SJA will review the MOA 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 MOA 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 HQDA, Assistant Chief of Staff for Installation Management, Plans and Operations Division, ATTN: DAIM-MD, 600 Army Pentagon, Room 1D676, Washing- ton, DC 20310-0600. Requests must include MACOM endorsement and copies of the proposed MOA and Inmate Labor Plan. MACOM endorsement includes an SJA review of the MOA and Inmate Labor Plan for legal sufficiency. Other MACOM functional proponents will review the MOA and Inmate Labor Plan from a functional perspective. g . I n s t a l l a t i o n s w i l l n o t i m p l e m e n t c i v i l i a n i n m a t e l a b o r p r o - grams, nor incorporate revisions to existing MOAs/Inmate Labor Plans requiring changes to Army civilian inmate labor program policy without HQDA approval. Appendix B contains the format for installation MOA; 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. Never- theless, 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 c o r r e c t i o n a l s y s t e m s r e p r e s e n t a t i v e s t o e s t a b l i s h c i v i l i a n i n m a t e prison camps on their installations. Installation commanders are not authorized to negotiate with these representatives without first ob- taining 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 of this regulation. 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 of this regulation, civilian inmate labor programs are limited to use of inmates under the control of the 6 AR 210–35 • 9 December 1997 Federal Bureau of Prisons. 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. 31 USC 1342 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. 10 USC 2667 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, r e p a i r , i m p r o v e m e n t , a n d r e s t o r a t i o n a c t i v i t i e s o n t h e l e a s e d 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 MACOM 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 comprehensive planning c o n c e p t s a n d e n v i r o n m e n t a l c o n s i d e r a t i o n s a t t h e i n d i v i d u a l 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 pro- grammed 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 interservice, interagency, or interdepartmental support agreement in accordance with DODI 4000.19. There should be no 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 420-41 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 disrup- tion; 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 suppress- ing 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 de- tained 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 of this regulation 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 of this regulation, civilian inmate labor programs are limited to use of inmates under the control of the Federal Bureau of Prisons. 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, ATTN: DAIM-MD, 600 Army Pentagon, RM 1D676, 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 camp site, intended use for existing buildings, planned renovations, or new construction. In- clude 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/benefits of establishing a civilian inmate prison camp. The analysis must include all the costs of 7 AR 210–35 • 9 December 1997 providing all utility needs, such as water supply, wastewater treat- ment, 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. (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/ 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 interservice, interagency, or interdepartmental support agree...