Civilian Inmate Labor Program - Army Regulation 210—35
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Army Regulation 210—35
Installations
Civilian
Inmate
Labor Program
Headquarters
Department of the Army
Washington, DC
14 January 2005
UNCLASSIFIED
SUMMARY of CHANGE
AR
210—35
Civilian Inmate Labor Program
This rapid action revision dated 14 January 2005--
o Assigns responsibilities to Headquarters, Installation Management
Agency (para l-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.
*Army Regulation 210—35
Headquarters
Department of the Army
Washington, DC
14 January 2005
Effective 14 February 2005
Installations
Civilian Inmate Labor Program
By Order of the Secretary of the Army:
PETER J. SCHOOMAKER
General, United States Army
Chief of Staff
Official:
SANDRA R. RILEY
Administrative Assistant to the
Secretary of the Army
History. This
publication is a rapid action revision. The portions affected by this
rapid action revision are listed in the summary of change.
Summary. This regulation
provides guidance for establishing and managing civilian inmate labor
programs on Army installations. It provides guidance on establishing
prison camps on Army installations. It addresses recordkeeping and
reporting incidents related to the Civilian Inmate Labor Program and/or
prison camp administration.
Applicability. This regulation
applies to the Active Army, the Army National
Army
Reserve unless otherwise stated. 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 providing justification that includes a full analysis of
the expected benefits and must include formal review by the activity’s
senior legal officer. All waiver requests will be endorsed by the
commander or senior leader of the requesting activity and forwarded
through their higher headquarters to the policy proponent. Refer to AR
25—30 for specific guidance.
Army management control process.
trol
provisions and identifies key management controls that must be
evaluated.
Supplementation. Supplementation of this regulation and establishment of command and
local forms are prohibited without prior approval from Assistant Chief
of Staff for Installation Management (DAIM—ZA), 600 Army Pentagon,
Washington, DC 20310—0600.
Suggested improvements. Users
are invited to send comments and suggested improvements on DA Form 2028
(Recommended Changes to Publications and Blank Forms) directly to
Assistant Chief of Staff for Installation Management (DAIM—MD), 600 Army
Pentagon, Washington, DC 20310—0600.
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
1—1, page 1
References • 1—2, page 1
Explanation of abbreviations
and terms 1—3, page 1
Responsibilities • 1—4, page 1
Civilian inmate labor programs • 1—5, page 2
The process 1—6, page 2
Chapter 2
Establishing Installation Civilian Inmate Labor Programs, page 4
Policy statement 2—1, page 4
*This regulation supersedes AR 210—35, dated 9 December 1997.
AR
210—35 • 14
January 2005
UNCLASSIFIED
Guard of the United States, and the U.S. This regulation contains management con-
Contents—Continued
Negotiating with corrections
systems representatives 2—2, page 4
Governing provisions • 2—3, page 4
Procedures for establishing installation civilian inmate labor programs
2—4, page 7
Chapter 3
Establishing Civilian Inmate Prison Camps on Army Installations, page 8
Policy statement 3—i, page 8
Negotiating with correctional
systems representatives to establish prison camps 3—2, page 8
Governing criteria civilian
inmate prison camps • 3—3, page 8
Governing provisions for
operating civilian inmate prison camps on Army installations • 3—4, page 9
Procedures for establishing a civilian inmate prison camp on Army
installations 3—5, page 9
Interservice, interagency, or interdepartmental support agreements 3—6, page 10
Chapter 4
Reporting and Recordkeeping, page 10
Incident reports 4—1, page 10
Media
coverage 4—2, page 10
Recordkeeping 4—3, page 11
Appendixes
A. References, page 12
B. Memorandum of Agreement
Format, page 13
C. Sample Inmate Labor Plan, page 19
0. Management Control
Evaluation Checklist. page 23
E. 18
USC 4125(A), and Executive Order 11755, page 23
Figure List
Figure
i—i: Civilian Inmate Labor Program process, page 3
Figure B—i: Sample format for
a memorandum of agreement, page 14
Figure B—i: Sample format for
a memorandum of agreement—continued, page 15
Figure B—i: Sample format for
a memorandum of agreement—continued, page 16
Figure B—i: Sample format for
a memorandum of agreement—continued, page 17
Figure B—i: Sample format for
a memorandum of agreement—continued, page 18
Figure B—i: Sample format for
a memorandum of agreement—continued, page 19
Figure C—i: Sample Inmate
Labor Plan—continued, page 20
Figure C—i: Sample Inmate
Labor Plan—continued, page 21
Figure C—i: Sample Inmate
Labor Plan—continued, page 22
Glossary
Index
ii AR
210—35 • 14 January 2005
Chapter 1
Introduction
1—1. Purpose
This regulation provides Army
policy and guidance for establishing civilian inmate labor programs and
civilian prison camps on Army installations. Sources of civilian inmate
labor are limited to on— and off—post Federal corrections facilities,
State and/or local corrections facilities operating from on—post prison
camps pursuant to leases under Section 2667, Title 10, United States
Code (10 USC 2667), and off—post State corrections facilities
participating in the demonstration project authorized under Section
1065, Public Law (PL) 103—337. Otherwise, State and/or local inmate
labor from off—post corrections facilities is currently excluded from
this program.
1—2. References
Required and related
publications and prescribed and referenced forms are listed in appendix
A.
1—3. Explanation of abbreviations and terms
Abbreviations and special
terms used in this regulation are explained in the glossary.
1—4. Responsibilities
a. The Assistant Secretary of
the Army (Installations and Environment) (ASA(I&E)) will—
(1) Provide policy guidance and resolve policy issues.
(2) Provide overall program direction.
(3) Serve as approval authority for establishing civilian inmate labor
programs and civilian inmate prison camps on Army installations.
(4) Provide procedural guidance on real property acquisition,
management, and disposal relating to establishing prison camps on Army
installations.
b. The Assistant Secretary of the Army (Financial Management and
Comptroller) (ASA(FM&C)) will—
(1) Provide reimbursement policy guidance on interservice, interagency,
and/or interdepartmental support 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 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 will—
(1) Execute the Army Civilian Inmate Labor Program.
(2) Develop and implement policy and procedures for using civilian
inmate labor and establishing civilian inmate prison camps on Army
installations.
(3) Serve as the focal point for staff coordination on issues pertaining
to the Civilian Inmate Labor Program and/or civilian inmate prison
camps.
(4) Conduct a program review in accordance with AR 11—2 once every 5
years.
(5) Provide policy guidance on flinctions 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 210—35 • 14 January 2005 1