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US Army Federal Civilian
Inmate Labor Program
11-11-8

 

Army Regulation 210­35   Installations Civilian Inmate Labor Program   Headquarters Department of the Army   Washington, DC 14 January 2005   UNCLASSIFIED SUMMARY of CHANGE AR 210­35     Civilian Inmate Labor Program     This rapid action revision dated 14 January 2005-- o Assigns responsibilities to Headquarters, Installation Management Agency (para 1-4j). 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.     Headquarters Department of the Army Washington, DC   14 January 2005   Installations Civilian Inmate Labor Program *Army Regulation 210­35 Effective 14 February 2005   History.   This publication is a rapid action r e v i s i o n . T h e p o r t i o n s a f f e c t e d b y t h i s r a p i d a c t i o n r e v i s i o n a r e l i s t e d i n t h e summary of change.     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 guidance for establishing and managing civilian inmate labor programs on Army installations. It provides guidance on establishing prison camps on Army installat i o n s . I t a d d r e s s e s r e c o r d k e e p i n g a n d reporting incidents related to the Civilian Inmate Labor Program and/or prison camp administration.     Applicability. This regulation applies to t h e A c t i v e A r m y , t h e A r m y N a t i o n a l Guard of the United States, and the U.S. A r m y R e s e r v e u n l e s s o t h e r w i s e s t a t e d . During mobilization, the Assistant Chief of Staff for Installation Management may modify chapters and policies contained in this regulation.   Proponent and exception authority. The proponent of this regulation is the Assistant Chief of Staff for Installation Management. The proponent has the authority to approve exceptions or waivers to this regulation that are consistent with controlling law and regulations. The proponent may delegate this approval authority, in writing, to a division chief within the proponent agency or a direct reporting unit or field operating agency of the proponent agency in the grade of colonel or the civilian equivalent. Activities may request a waiver to this regulation by prov i d i n g j u s t i f i c a t i o n t h a t i n c l u d e s a f u l l analysis of the expected benefits and must i n c l u d e f o r m a l r e v i e w b y t h e a c t i v i t y ' s senior legal officer. All waiver requests will be endorsed by the commander or s e n i o r l e a d e r o f t h e r e q u e s t i n g a c t i v i t y and forwarded through their higher headquarters to the policy proponent. Refer to AR 25­30 for specific guidance.   Army management control process. This regulation contains management control provisions and identifies key management controls that must be evaluated.   S u p p l e m e n t a t i o n . S u p p l e m e n t a t i o n o f this regulation and establishment of command and local forms are prohibited without prior approval from Assistant Chief of S t a f f f o r I n s t a l l a t i o n M a n a g e m e n t (DAIM­ZA), 600 Army Pentagon, Washington, DC 20310­0600.   Suggested improvements. Users are invited to send comments and suggested improvements on DA Form 2028 (Recomm e n d e d C h a n g e s t o P u b l i c a t i o n s a n d Blank Forms) directly to Assistant Chief o f S t a f f f o r I n s t a l l a t i o n M a n a g e m e n t (DAIM­MD), 600 Army Pentagon, Washington, DC 20310­0600.   Distribution. This publication is available in electronic media only and is intended for command levels A, B, C, D, and E for the Active Army, Army National Guard of the United States, and the U.S. Army Reserve.   Contents (Listed by paragraph and page number)   Chapter 1   Introduction, page 1 Purpose · 1­1, page 1 References · 1­2, page 1 Explanation of abbreviations and terms · 1­3, page 1 Responsibilities · 1­4, page 1 Civilian inmate labor programs · 1­5, page 2 The process · 1­6, page 2   Chapter 2   Establishing Installation Civilian Inmate Labor Programs, page 4 Policy statement · 2­1, page 4 *This regulation supersedes AR 210­35, dated 9 December 1997. AR 210­35 · 14 January 2005 i   UNCLASSIFIED   Contents-Continued Negotiating with corrections systems representatives · 2­2, page 4 Governing provisions · 2­3, page 4 Procedures for establishing installation civilian inmate labor programs · 2­4, page 7   Chapter 3   Establishing Civilian Inmate Prison Camps on Army Installations, page 8   Policy statement · 3­1, page 8 Negotiating with correctional systems representatives to establish prison camps · 3­2, page 8 Governing criteria civilian inmate prison camps · 3­3, page 8 Governing provisions for operating civilian inmate prison camps on Army installations · 3­4, page 9 Procedures for establishing a civilian inmate prison camp on Army installations · 3­5, page 9 Interservice, interagency, or interdepartmental support agreements · 3­6, page 10   Chapter 4   Reporting and Recordkeeping, page 10   Incident reports · 4­1, page 10 Media coverage · 4­2, page 10 Recordkeeping · 4­3, 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 1­1: Civilian Inmate Labor Program process, page 3 Figure B­1: Sample format for a memorandum of agreement, page 14 Figure B­1: Sample format for a memorandum of agreement-continued, page 15 Figure B­1: Sample format for a memorandum of agreement-continued, page 16 Figure B­1: Sample format for a memorandum of agreement-continued, page 17 Figure B­1: Sample format for a memorandum of agreement-continued, page 18 Figure B­1: Sample format for a memorandum of agreement-continued, page 19 Figure C­1: Sample Inmate Labor Plan-continued, page 20 Figure C­1: Sample Inmate Labor Plan-continued, page 21 Figure C­1: Sample Inmate Labor Plan-continued, page 22 Glossary Index ii AR 210­35 · 14 January 2005   Chapter 1   Introduction   1­1. 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 off­post Federal corrections facilities, State and/or local corrections facilities operating from on­post prison camps pursuant to leases under Section 2667, Title 10, United States Code (10 USC 2667), and off­post State corrections facilities participating in the demonstration project authorized under Section 1065, Public Law (PL) 103­337. Otherwise, State and/or local inmate labor from off­post corrections facilities is currently excluded from this program.   1­2. References   Required and related publications and prescribed and referenced forms are listed in appendix A.   1­3. Explanation of abbreviations and terms   Abbreviations and special terms used in this regulation are explained in the glossary.   1­4. 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 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 (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 in­house 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 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 11­2 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- AR 210­35 · 14 January 2005 1 (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 190­40. (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 (SFIM­PL), 2511 Jefferson Davis Highway, Taylor Building, Arlington, VA 22202­3926: (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 appendix 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 (SFIM­PL), 2511 Jefferson Davis Highway, Taylor Building, Arlington, VA 22202­3926.   1­5. 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 cost­effective use of buildings and land not otherwise being used. b. Except for the 3 exceptions listed in paragraph 2­1d 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 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.   1­6. The process   Figure 1­1 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 diamond­shaped box in the upper left corner of the diagram labeled "prison camp inmate labor?"). The diamond­shaped 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 210­35 · 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 on­post civilian inmate prison camp.   Figure 1­1. Civilian Inmate Labor Program process   AR 210­35 · 14 January 2005 3   Chapter 2   Establishing Installation Civilian Inmate Labor Programs   2­1. 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 4­3 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 off­post corrections facilities. d. However, there are 3 exceptions to using State or local civilian inmate labor from off­post corrections facilities- (1) Section 1065, PL 103­337, 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 off­post State corrections facility. (2) Army National Guard units leasing facilities from the Army or occupying State­owned land or facilities may use inmates from an off­post State and/or local corrections facility. (3) The prohibition against use of State and/or local civilian inmate labor from off­post 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 2­3 below). f. Section 4125(a), Title 18, United States Code and EO 11755 are incorporated into this regulation at appendix E.   2­2. 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 2­3. Installation commanders are not authorized to negotiate with representatives of State or local corrections systems or governmental agencies regarding civilian inmate labor from off­post corrections facilities (see para 3­2).   2­3. 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 restrictions 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 on­post 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 school­age 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 210­35 · 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 4­3, 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 4­3, 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 600­55, 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 a p p r o p r i a t e d b y C o n g r e s s . I n m a t e s m a y p e r f o r m c u s t o d i a l t a s k s , b u i l d i n g d e m o l i t i o n , d e b r i s r e m o v a l , m o w i n g , 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 in­house 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.     Chapter 3   Establishing Civilian Inmate Prison Camps on Army Installations   3­1. 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.   3­2. 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 2­1, 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 off­post corrections facilities. However, inmate labor programs using State and local civilian inmates from on­post 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.   3­3. 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 on­post, 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 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 210­35 · 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 405­80. 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.   3­4. 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 190­40 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 3­4d, above.   3­5. 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 2­1, 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 (DAIM­MD), 600 Army Pentagon, Washington, DC 20310­0600. 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. AR 210­35 · 14 January 2005 9 (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 (SFIM­PL). 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 405­80. d. Installations intending to establish a civilian inmate labor program using inmates to be housed in the on­post prison camp will follow the procedures outlined in chapter 2 above.   3­6. 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 37­49 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 on­post 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   4­1. Incident reports   Serious incidents, that is, walkaways, escapes, riots, disturbances, and any criminal action involving inmates participating in the civilian inmate labor program and/or occurring in onpost civilian inmate prison camps will be reported in accordance with AR 190­40. One copy of incident reports will be provided to HQ, IMA (SFIM­PL), and HQDA, Office of the Chief of Public Affairs, Public Communications Division (SAPA­PCD). Accidents involving inmates will be investigated and reported in accordance with AR 385­40.   4­2. 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 (SAPA­PCD). 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 210­35 · 14 January 2005   4­3. Record Keeping   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 25­400­2. 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 off­post 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 off­post 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. AR 210­35 · 14 January 2005 11   Appendix A   References   Section I   Required Publications   AR 11­2 Management Controls. (Cited in para 1­4e(4).)   AR 15­6 Procedures for Investigating Officers and Boards of Officers. (Cited in para 2­3g(4)(b).)   AR 37­49 Budgeting, Funding, and Reimbursement for Base Operations Support of Army Activities. (Cited in para 3­6.)   AR 190­40 Serious Incident Report. (Cited in paras 1­4h(1), 3­4d, 4­1, and D­4c(5).)   AR 385­40 Accident Reporting and Records. (Cited in para 4­1.)   AR 405­80 Management of Title and Granting Use of Real Property. (Cited in paras 3­3j and 3­5c.)   AR 420­41 Acquisition and Sales of Utilities Services. (Cited in paras 3­3k.)   AR 600­55 The Army Driver and Operator Standardization Program (Selection, Training, Testing and Licensing). (Cited in para 2­3b(3).)   5 USC 7101 et. seq. Federal Labor Management Relations Statute. (Cited in para 2­4e.)   10 USC 2667 Leases, NonExcess Property of Military Departments. (Cited in paras 1­1, 3­2b, 3­2c, 3­5a(8).)   18 USC 4125(a) Public Works; Prison Camps. (Cited in paras 1­4j(1), 1­4k(1), 2­1a, 2­1f, and 2­3c.)   28 CFR 301 Inmate Accident Compensation. (Cited in para 2­3i.)   29 CFR 1910 Occupational Safety and Health Standards. (Cited in para 2­3i(3).)   31 USC 1342 Limitation on Voluntary Services. (Cited in para 3­2c.)   DODI 4000.19 Interservice, Interdepartmental, and Interagency Support. (Cited in paras 3­3i and 3­6.)   Executive Order 11755 Prison Labor. (Cited in paras 1­4j(1), 1­4k(1), 2­1d(3), and 2­1f.)   PL 103­337, Section 1065 Demonstration Project for Use of Army Installations to Provide Prerelease Employment Training to Nonviolent Offenders in State Penal Systems. (Cited in paras 1­1 and 2­1d(1).) 12 AR 210­35 · 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 5­9 Area Support Responsibilities   AR 5­20 Commercial Activities Program   AR 25­400­2 The Army Records Information Management System (ARIMS)   AR 190­47 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), 2671­2680 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 11­2­R 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 2­1d 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. AR 210­35 · 14 January 2005 13   Figure B­1. Sample format for a memorandum of agreement 14 AR 210­35 · 14 January 2005   Figure B­1. Sample format for a memorandum of agreement-continued AR 210­35 · 14 January 2005 15   Figure B­1. Sample format for a memorandum of agreement-continued 16 AR 210­35 · 14 January 2005   Figure B­1. Sample format for a memorandum of agreement-continued AR 210­35 · 14 January 2005 17   Figure B­1. Sample format for a memorandum of agreement-continued 18 AR 210­35 · 14 January 2005   Figure B­1. 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. AR 210­35 · 14 January 2005 19   Figure C­1. Sample Inmate Labor Plan-continued 20 AR 210­35 · 14 January 2005   Figure C­1. Sample Inmate Labor Plan-continued AR 210­35 · 14 January 2005 21   Figure C­1. Sample Inmate Labor Plan-continued 22 AR 210­35 · 14 January 2005   Appendix D   Management Control Evaluation Checklist   D­1. 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.   D­2. 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.   D­3. 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. Certification that this evaluation has been conducted must be accomplished on DA Form 11­2­R (Management Control Evaluation Certification Statement).   D­4. 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 2­3e, 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 190­40 and reporting guidance in this regulation? d. For Army installations operating civilian inmate labor programs from on­post 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?   D­5. Supersession   This checklist is the first checklist developed for the Army Civilian Inmate Labor Program.   D­6. Comments   Help make this a better tool for evaluating management controls. Submit comments to: Assistant Chief of Staff for I n s t a l l a t i o n 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 , 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 20310­0600).   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, AR 210­35 · 14 January 2005 23 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 210­35 · 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 AR 210­35 · 14 January 2005 25 OSHA Occupational Safety and Health Administration PL Public Law PM Provost Marshal General SJA Staff Judge Advocate USC United States Code

 

 

 

 

 

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