Military reference books and manuals (2009-2023, Volume 7)

FM 3-19.40

4-36. Each EPW can transfer personal property not exceeding 55 pounds.

Chaplains and EPWs who have been serving as clergymen are permitted to

transfer an additional 110 pounds to cover communion sets, theological books,

and other religious material. If an EPW’s personal property exceeds 55

pounds, he selects the items he is going to transfer and disposes of the rest

according to established policies.

TRANSFER TO HOST NATION OR ALLIED FACILITIES AND INTERSERVICE

4-37. The permanent transfer of an EPW from the custody of US forces to the

HN or other allied forces requires the approval of the Secretary of Defense

(SECDEF). The permanent transfer of an EPW to FN control is governed by

bilateral national agreements. An EPW can only be transferred from US

custody to a power that is a party to the Geneva Conventions. A US

representative visits the power’s internment facilities and ensures that the

power is willing and able to comply with the Geneva Conventions.

4-38. The temporary transfer of EPWs is authorized to accommodate surges

in EPW population beyond US capacity. The TO commander develops

measures to ensure accountability and humane treatment of EPWs who are

temporarily transferred.

4-39. An EPW who is captured or detained by the US Marine Corps, Navy, Air

Force, or Coast Guard is turned over to the US Army at receiving points

designated by the TO commander. Interservice transfers are effected as soon

as possible following initial classification and administrative processing.

REPATRIATION

4-40. Repatriation is the process of returning an EPW to his country of birth

or citizenship. An EPW who is not sick or wounded is repatriated or released

at the end of hostilities as directed by the Office of the Secretary of Defense

(OSD). The keys to a successful repatriation process are control and

accountability. Table 4-2, page 4-12, outlines repatriation procedures.

4-41. To complete the transfer, the escort guard company forwards the official

receipt of transfer to the IRIC. Upon notification from the IRIC that the

transfer is complete, the losing internment facility forwards official records

and unreleased confiscated property to the IRIC for final disposition. The

IRIC—

• Notifies the national IRIC of the final status of released and

repatriated EPWs.

• Forwards EPW records and reports according to AR 25-400-2.

• Disposes of confiscated property according to the national IRIC and

applicable regulations.

4-42. The eligibility for repatriation or accommodation of sick and wounded

EPWs is determined in a neutral country by a mixed medical commission. The

commission is established by Headquarters, Department of the Army (HQDA)

according to AR 190-8 and the GPW. Sick and wounded EPWs are not

repatriated against their will during hostilities.

Enemy Prisoners of War 4-11

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Table 4-2. Repatriation Procedures

Step

Actions

Control and

Maintain control and accountability until EPWs are received by the serving power or

accountability

the designated protecting power.

Maintain a manifest that contains the—

•

Name.

•

Rank/status.

•

ISN.

•

Power served/nationality.

•

Physical condition.

NOTE: A manifest is used as an official receipt of transfer and becomes a

permanent record to ensure accountability of each EPW until his final

release.

Records

Ensure that copies of appropriate personnel, finance, and medical records

accompany released and repatriated EPWs. Transfer the records to the designated

official receiving EPWs.

Personal property

Ensure that confiscated personal property (that can be released) accompanies

released and repatriated EPWs.

Conduct an inventory and identify discrepancies.

Ensure that EPWs sign property receipts.

CONTROL AND DISCIPLINE

4-43. Treat EPWs fairly and firmly. Ensure that orders are decisive, clear,

concise, reasonable, capable of being obeyed, and given in an understood

language. Promptly report refusals and failures to obey orders, and take

appropriate disciplinary action.

CONTROL

4-44. Maintain humane, firm control of EPWs. To control EPWs—

• Observe rigorous self-discipline.

• Maintain a professional, impersonal attitude.

• Cope with hostile or unruly behavior and incidents calmly.

• Take judicious, immediate, and decisive action.

4-45. The MP establish daily and periodic routines and responses that are

conducive to good EPW discipline and control. They—

• Require compliance with policies and procedures.

• Use techniques that provide firm control of EPWs.

• Give reasonable, decisive orders in a language that EPWs understand.

• Post copies of the Geneva Conventions in the compound where EPWs

can read them in their own language.

• Post rules, regulations, instructions, notices, orders, and other

announcements that EPWs are expected to obey. Ensure that posted

information is printed in a language that EPWs understand. Provide

copies to EPWs who do not have access to posted copies.

• Ensure that EPWs obey rules, orders, and directives.

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• Report refusals and failures to obey orders and regulations.

Treatment

4-46. Equitable treatment enhances the control of EPWs. According to the

Geneva Conventions, all EPWs are treated humanely and are protected

against violence, intimidation, insults, and public curiosity. Treat all EPWs

alike, regardless of rank, sex, and privileged treatment (which may be

accorded due to their health, age, or professional qualifications).

4-47. An EPW officer is afforded the following privileges and considerations:

• Quarters and facilities that are commensurate with his grade.

• The privilege of not being compelled to work.

• Enlisted orderlies. They are assigned at a ratio of 1 for each general

officer (GO) and 1 for every 12 officers of a lower grade.

4-48. An RP is extended additional privileges and considerations due to his

profession and special skills:

• Correspondence privileges for chaplains and senior medical officers

that are over and above those afforded EPW officers.

• Facilities necessary to provide EPWs with medical care, spiritual

assistance, and welfare service.

• Authority and transportation for periodic visits to hospitals and other

internment facilities.

• Work assignments that are restricted to medical or religious duties he

is qualified to perform.

• Quarters that are separate from those of other EPWs when practical.

Representation

4-49. A limited system of representation improves communication between

US forces and EPWs, thus improving control. According to AR 190-8 and the

Geneva Conventions, the senior EPW officer assigned to each facility is

recognized as the senior EPW representative, unless he is declared

incompetent or incapacitated by US authorities. Enlisted EPWs may elect an

enlisted representative if there is no officer representation at the facility. In

officer facilities, EPWs choose one or more advisors to assist the senior

representative. In officer/enlisted facilities, EPWs elect one or more enlisted

advisors to assist the officer representative.

4-50. Elected and appointed representatives have the same nationality,

customs, and language as those they represent. Each group of EPWs interned

in separate facilities due to language, customs, or ideology is permitted to

have an elected representative.

4-51. The primary duties of elected representatives are to promote spiritual,

physical, and intellectual well-being of EPWs. Representatives are given

freedom of movement within security requirements. They do not have the

authority to discipline EPWs, but they are allowed to—

• Inspect labor detachments.

• Receive supplies.

• Communicate with—

Enemy Prisoners of War 4-13

FM 3-19.40

■

US military authorities.

■

Protecting powers.

(Protecting powers periodically inspect the

internment facility and interview EPWs regarding the conditions

of their internment, their welfare, and their rights under

international law.)

■

The ICRC and its delegates.

■

Medical commissions.

■

Other organizations authorized to assist EPWs.

• Use postal and other appropriate facilities.

4-52. Representatives do not perform any other work if it interferes with their

representative duties. Each representative is elected by secret ballot and

serves a 6-month term. The EPWs are permitted to consult freely with their

representatives, and representatives are allowed to represent EPWs before—

• The ICRC.

• Protecting powers.

• US military authorities.

• Other relief or aid organizations (NGOs and IOs).

4-53. The facility commander is the final approving authority for each elected

EPW representative. After the approval process is complete, a representative

assumes his duties. When the commander denies, approves, or dismisses an

elected representative, he sends a notice through channels to HQDA, the

national IRIC (forwarded to the IRIC), or the protecting power. The notice

includes the reason(s) for refusal if applicable. The EPWs are then permitted

to elect another representative. Each elected representative can appoint

assistants, as approved by the facility commander.

4-54. Medical and chaplain personnel are classified as RPs and are not

considered EPWs. They receive, at a minimum, the benefits and protection

afforded EPWs by the Geneva Conventions. However, EPW representatives do

not represent them. The senior US or FN medical officer at each internment

facility is responsible for the activities of retained medical personnel. The

senior retained medical officer and the chaplain have the right to correspond

and consult with the facility commander on all questions concerning their

duties.

RULES OF INTERACTION AND ENGAGEMENT

4-55. The ROI provide soldiers with a guide for interacting with the EPW

population. The following directives may be included in the ROI:

• Speak to EPWs only when giving orders.

• Treat all EPWs equally and with respect.

• Respect religious articles and materials.

• Treat all medical problems seriously.

• Do not discuss politics or the conflict with EPWs.

• Do not make promises.

• Do not make obscene gestures.

• Do not make derogatory remarks or political comments about EPWs

and their cause.

4-14 Enemy Prisoners of War

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• Do not engage in commerce with EPWs.

4-56. Commanders balance the physical security of forces with mission

accomplishment and the ROE. The basic guidelines on ROE (Chapter 2) apply

to EPWs. The employment of nonlethal weapons (NLWs) is clearly stated in

the ROE (see Appendix B and FM 90-40).

4-57. The ROE vary from operation to operation. The commander in chief

(CINC) establishes ROE in coordination with the SJA and the joint staff.

Special ROE can be developed for use in internment facilities, but they must

have CINC approval. Specific ROE may evolve to fit the changing

environment and to ensure continued protection and safety for US personnel

and EPWs. As a general principle, the ROE should remain simple and

understandable.

DISCIPLINE

4-58. The facility commander establishes and enforces the rules needed to

maintain discipline and security. The EPWs may not establish their own court

system. The following actions are not permitted between EPWs and US

military or civilian personnel:

• Fraternization.

• Favoritism.

• Donation or receipt of gifts.

• Engagement in commerce.

4-59. If necessary, the MP commander or his appointed officer initiates

general court-martial proceedings against EPWs using Miscellaneous

Publication (Misc Pub) 27-7; the UCMJ; and US laws, regulations, and orders.

Do not deliver an EPW to civil authorities for an offense unless a member of

the US armed forces would be delivered for committing a similar offense.

4-60. Do not discipline an EPW until he is given precise information

regarding the offense(s). Allow the accused to explain his conduct and defend

himself. Permit him to call witnesses, and use an interpreter if necessary.

Maintain a record (on a locally produced form if available) of disciplinary

punishment administered to EPWs. Disciplinary measures include—

• Discontinuance of privileges that are granted over and above those

allowed by the Geneva Conventions (not to exceed 30 days).

• Confinement (not to exceed 30 days).

• A fine (not to exceed one-half of the advance and working pay that an

EPW receives during a 30-day period).

• Fatigue duty (extra duty) (not to exceed 2 hours per day for 30 days).

Fatigue duty does not apply to officers, and NCOs are only required to

supervise.

CLOTHING

4-61. Supply EPWs with sufficient clothing, underwear, and footwear; and

allow for the climate where EPWs are housed. Use captured uniforms of

enemy armed forces if they are suitable for the climate. Ensure that clothing

is replaced and repaired as necessary. Working EPWs receive clothing that is

Enemy Prisoners of War 4-15

FM 3-19.40

appropriate to the nature and location of the work. Clothing worn by EPWs at

the time of capture is worn until it is no longer serviceable, and then it is

exchanged. (Appendix C provides a synopsis of clothing and equipment that

can be issued to EPWs.)

4-62. Mark outer garments with the letters “PW.” Use black letters, about 4

inches high; if the clothing is a dark color, use white letters. Mark shirts,

coats, and similar items across the back and on the front of each sleeve

(between the elbow and the shoulder). Mark trousers, walking shorts, and

similar items across the back (slightly below the belt) and on the front of each

leg (slightly above the knee). Do not mark hats and other accessories. Sample

EPW clothing markings are shown in Figure 4-1.

Front

Back

Figure 4-1. EPW Clothing Markings

4-63. An RP wears a water-resistant armband on his left sleeve bearing a

distinctive emblem (such as Red Cross or Red Crescent). It is issued and

stamped by the military authority of the power with which he has served. An

authorized person who does not have an armband in his possession is provided

a Geneva Convention brassard (see AR 670-1).

4-16 Enemy Prisoners of War

FM 3-19.40

SUBSISTENCE

4-64. The detaining power feeds EPWs a basic, daily food ration that is

sufficient in quantity, quality, and variety to keep them in good health and to

prevent weight loss and nutritional deficiencies. A medical officer, a PA, or a

nurse practitioner keeps the commander apprised of situational needs and the

nutritional health of EPWs. Supply working EPWs with extra rations to

compensate for their labor. Sustain the health of EPWs at a level that is equal

to that of the US forces guarding them.

4-65. If dining facilities are unavailable, feed EPWs meals, ready-to-eat

(MREs). These rations are easily stored and require no additional dietary

supplements. However, when perishable food supplies (fresh vegetables, fruit,

and meat) are available, substitute them for nonperishable items. Always

provide sufficient drinking water. Do not issue extra rations because EPWs

can stockpile food and use it for escapes. The commander may authorize

EPWs to prepare their own meals under the supervision of US personnel.

4-66. During the early stages of captivity (in brigade and division areas),

allow EPWs to retain their own rations. However, arrange for collective

feeding of EPWs according to the terms of the Geneva Conventions at the

earliest opportunity.

MEDICAL AND SANITATION CONSIDERATIONS

4-67. Ensure that adequate medical and sanitation standards are met.

Chapters 2 and 6 contain additional information on these responsibilities.

CORRESPONDENCE

4-68. Within one week of arrival at the internment facility, an EPW completes

a DA Form 2665-R. When an EPW is transferred from one internment facility

to another, he completes a DA Form 2666-R.

OUTGOING CORRESPONDENCE

4-69. Outgoing correspondence is allowed as follows:

• May mail two letters (DA Form 2667-R) and four postcards (DA Form

2668-R) free of charge as prescribed in AR 190-8.

• May address complaints in writing to US military authorities and the

protecting power. Complaints are not limited in length or in number,

and they are not charged against an EPW’s correspondence allotment.

All complaints are transmitted immediately.

• Cannot write letters for other EPWs. If an EPW is unable to write, the

facility commander appoints someone to write and countersign the

letter.

• Cannot send parcels.

4-70. The facility commander or his designated representative examines and

reads letters and postcards. The facility commander requisitions, reproduces,

and supplies correspondence forms. If EPWs are prevented from writing

Enemy Prisoners of War 4-17

FM 3-19.40

monthly letters due to the lack of forms, allow them to make up their

allotment when forms become available.

INCOMING CORRESPONDENCE

4-71. An EPW can receive unlimited letters, cards, and parcels. Censors

thoroughly inspect all parcels for unauthorized items and concealed or coded

messages. If deemed necessary, the facility commander can request that

censors also examine incoming correspondence. Parcels are forwarded to

EPWs who have been transferred.

TELEGRAMS AND TELEPHONE CALLS

4-72. The EPWs may send and receive telegrams as determined by the facility

commander, and the cost of sending telegrams is deducted from the EPW’s

account. The EPWs cannot make telephone calls.

CANTEENS

4-73. Provide EPWs with sundry, health, and comfort packs. The packs can be

supplemented with items tailored to EPWs’ cultural needs as a temporary

substitute for establishing canteen operations.

4-74. Canteens are operated according to the GPW and are installed as

directed by the TO PM or senior MP officer. The EPWs can procure foodstuffs,

soap, tobacco, and other items in canteens. The tariff for items available for

EPWs never exceeds local market price, and payment procedures are outlined

in DFAS-IN 37-1.

4-75. Profits made by the facility canteen are used to benefit the EPWs, and a

special fund is created for this purpose. When an internment facility closes,

transfer the credit balance of the special fund to another US internment

facility in the TO. When all facilities are closed, transfer funds to an

international welfare organization. The special fund is employed for the

benefit of EPWs of the same nationality as those who have contributed to the

fund. In case of a general repatriation, profits are kept by the US.

NOTE: The EPW representatives can make suggestions regarding the

management of canteens and special funds.

SOCIAL PROGRAMS

4-76. Encourage and support active education, employment, and agriculture

programs for EPWs. Like other internees, EPWs have active programs for

religious worship, recreation, protecting-power visits, and safety. These

programs are discussed in Chapter 2. Provide adequate facilities, instruction

materials, and agriculture equipment for these activities.

EDUCATION

4-77. Develop education programs according to DA policy. Within the

framework of DA guidance and directives issued by other headquarters,

develop a separate education program for each EPW facility. Each program

reflects the individual attitudes and political orientations of those interned in

4-18 Enemy Prisoners of War

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the facility. The following factors and considerations may influence an

education program:

• Levels of education throughout the EPW population.

• Attitudes toward education and the education program.

• Requirements for essential and necessary EPW work details.

• The availability of qualified instructors

(may include EPWs,

indigenous personnel, and US Army military and civilian personnel).

• Security considerations that may restrict or prohibit the use of EPWs

or indigenous personnel.

4-78. In addition to an academic program, ensure that vocational training is

an integral part of the education program. The immediate objective of

vocational training is to develop skills that are useful during internment. The

long-range goal is for EPWs to learn trades that are useful in civilian life.

EMPLOYMENT

4-79. The EPW population constitutes a significant labor force of skilled and

unskilled workers. Employ EPWs to construct, administer, manage, and

maintain the facility. The EPWs will be employed in other essential work

permitted by AR 190-8 only when qualified civilian labor is unavailable.

4-80. The commander organizes and manages the EPW population in a

manner that permits proper, ready employment of each EPW. He—

• Establishes and maintains a current occupational-skill record for each

EPW and includes new skills as they are acquired.

• Assigns individual EPWs to a work detail or a job on a regular or

permanent basis.

• Establishes vocational-training projects.

• Encourages EPWs to study and develop skills.

4-81. The EPW labor that is external to DOD is regulated through contract.

(See AR 190-8 for more information on the employment of and compensation

for EPWs.)

Labor Considerations

4-82. The following restrictions apply when employing EPWs:

• An officer cannot be compelled to work.

• An NCO can only be required to supervise the work of enlisted

personnel.

• An EPW cannot be compelled to engage in work that is purely military

in nature and purpose.

• An EPW cannot be employed on a work detail that is unhealthy or

dangerous because of the work’s nature or the individual’s lack of

physical fitness or technical skill. (See the GPW and AR 190-8 for

guidance on this type of employment.)

• An EPW/RP cannot be assigned to labor that is considered

humiliating or degrading for members of the US armed forces. This

prohibition does not include unpleasant, necessary tasks that are

connected to administering and maintaining the facility.

Enemy Prisoners of War 4-19

FM 3-19.40

• An EPW cannot be employed or retained in an area where he may be

exposed to direct or indirect fire.

4-83. If in doubt as to whether work is authorized, request that the SJA

review the proposed tasks. This review assures compliance with AR 190-8 and

the law of land warfare.

Paid Work

4-84. The EPWs are compensated when they perform work for which pay is

authorized. The rate of pay is not less than that prescribed in the GPW.

Compensation for work is authorized from US Army appropriated funds,

canteen funds, or EPW funds. The EPWs are paid for various types of

authorized work, such as—

• Labor performed for a contract employer or a federal agency.

• Services as orderlies and cooks for officer EPWs.

• Services to construct, administer, manage, and maintain EPW

facilities, branch facilities, and hospitals when such services are

performed by EPWs permanently assigned to certain duties or

occupations.

• Labor performed by RPs.

• Spiritual or medical duties.

• Services as EPW representatives or assistants. These individuals are

paid from the EPW fund. If an EPW fund does not exist, they are paid

from US Army appropriated funds.

• Services as detail leaders or interpreters.

Advance Pay

4-85. The Geneva Conventions state that the detaining power shall grant

EPWs a monthly advance of pay, the amount of which shall be fixed by

conversion into the currency of the said power, of the following amounts:

• Category I (EPWs below the rank of sergeant [SGT]): 8 Swiss francs.

• Category II (SGTs, other NCOs, and EPWs of equivalent rank): 12

Swiss francs.

• Category III (warrant officers [WOs], commissioned officers below the

rank of major [MAJ], and EPWs of equivalent rank): 50 Swiss francs.

• Category IV: (MAJs, lieutenant colonels [LTCs], colonels [COLs], and

EPWs of equivalent rank): 60 Swiss francs.

• Category V (GOs and EPWs of equivalent rank): 75 Swiss francs.

NOTE: The facility commander consults with the SJA and the finance

office when setting up EPW advance-pay accounts.

AGRICULTURE

4-86. When practical, EPWs should raise vegetables for their use; the labor is

classified as paid work. Do not overlook the importance of developing an

agriculture program. Agriculture and gardening projects are particularly

desirable because they provide gainful employment for several individuals.

The food produced by gardening projects provides a valuable supplement to

4-20 Enemy Prisoners of War

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diets at minimal expense. The produce from gardens operated with EPW labor

is US property. It is used for the benefit of EPWs and US armed forces

personnel, and it is not sold or traded in civilian markets.

4-87. The types and quantities of agriculture supplies required (seeds,

fertilizers, and implements) are procured through local purchase or Army

supply channels. Ensure that necessary supplies are ordered in a timely

manner.

SECURITY

4-88. The commander is responsible for security measures that effectively

control EPWs with minimal use of force. A general discussion of the

commander’s security responsibilities is found in Chapter 2. The information

contained in this chapter applies specifically to EPW security.

ADVERSE ACTIONS

4-89. Dissident actions by EPWs vary from acts of harassment to acts of

violence. Enemy forces may support resistance activities, such as EPWs—

• Refusing to eat, work, or attend formations.

• Working in an unsatisfactory manner.

• Malingering.

• Sabotaging equipment or facilities.

• Assaulting other EPWs or guard personnel.

• Taking hostages to secure concessions.

• Escaping or participating in mass breakouts.

• Intimidating other EPWs.

• Fabricating weapons or other illegal items.

• Printing or circulating propaganda material.

• Creating embarrassing situations or making false accusations to

influence international inspection teams or members of the protecting

power or the ICRC.

• Instigating disturbances and riots to place the facility staff in

unfavorable positions (this allows EPWs to gain concessions and

influence custodial policies).

4-90.

Enemy forces may—

• Establish communications with EPWs by using agents, smuggled

radios, and foreign-language newspapers.

• Order members to submit to capture so that they can become agitators

in the internment facility.

• Liberate EPWs through direct military action by regular or irregular

forces.

PLANNING

4-91.

Ensure that security planning is continuous and complete and that it

reflects current intelligence information on uprisings, outbreaks, and escapes.

Enemy Prisoners of War 4-21

FM 3-19.40

Provide an immediate-response plan that is capable of meeting all internal

and external threats to security.

4-92. The EPWs may try to communicate with EPWs from other compounds

and facilities. The most common places for communication are—

• Dispensary and food distribution points. Messages can be hidden

where EPWs from neighboring compounds can find them. Alert

observations and periodic searches minimize the possibility of

communication in these areas.

• Hospitals. If an EPW is sick or injured, examine him carefully to

ensure that hospitalization is required. Do not inform the EPW

patient of his discharge until the last possible moment. Conduct a

complete search of each EPW and his personal effects upon admission

and discharge from a hospital.

• Work details. Maintain an adequate distance between work details

to prevent EPWs from exchanging information.

INTELLIGENCE INFORMATION

4-93. The first objective of MI is observing activities to accurately classify

EPWs as cooperative or uncooperative. This minimizes security and control

problems by allowing early segregation of hard-core, uncooperative EPWs to

maximum-security internment facilities.

4-94. Timely information relative to attitudes and activities enables the

facility commander to forecast disturbances and other clandestine activities.

This information is an important means of countering resistance movements,

minimizing the use of force, and maintaining control. An effective

information-gathering system identifies dissident elements, including leaders,

plans, and methods.

4-95. All facility personnel must detect and report significant information.

They can acquire important information through observation and insight,

even though they are not trained intelligence specialists.

4-96. In compounds that house cooperative EPWs, a special intelligence

organization is not needed. Tap ordinary sources of information continually

and assess them sensitively. These sources include communications,

observations, and reports of military, administrative, and security personnel;

criminal investigation data; disciplinary reports; and grievance statements.

4-97. Intelligence requirements incorporate information required by the

commander to ensure the continued control of EPWs and information

requested by higher headquarters and other agencies. The S2 prepares PIR

and coordinates intelligence requirements to maintain a constant flow of

intelligence to the commander.

4-98. Identify the following essential elements of information (EEI):

• EPW agitators and leaders and their followers.

• Clandestine EPW organizations, including their strength, objectives,

and members.

• Underground communications systems and overt attempts to

communicate—

4-22 Enemy Prisoners of War

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■

Between EPW compounds and internment facilities.

■

With indigenous civilian personnel.

• Suspicious activities by local people near the internment facility

(photographing or sketching the facility).

• Fabricated weapons, stores of food, and clothing supplies in the

compound.

• Plans to conduct demonstrations, including—

■

The date and time.

■

The number of EPWs involved (by compound).

■

The nature of the demonstration (passive, harassing, or violent

act).

■

Objectives

(distributing propaganda, weakening or testing

authority and security, establishing control, or planning mass

escapes or outbreaks).

4-99. Use the following methods to obtain information on clandestine EPW

activities:

• Provide opportunities for EPWs to volunteer information of

intelligence value and offer protection from reprisal by removal or

transfer to safe facilities.

• Conduct periodic, unannounced searches and patrols.

• Search EPWs on departure from and return to the facility.

• Train personnel on the techniques and importance of observing,

recognizing, and reporting information that may have intelligence

value, such as—

■

Unusual activities, especially before holidays or celebrations.

■

Messages being passed between groups of EPWs on work details.

■

Messages being passed to or from local civilians while EPWs are

on work details.

■

Messages being signaled from one compound to another.

4-100. Developing an EPW intelligence network that extends to each

compound is invaluable. The reliability of the network depends on the

information provided and the verification of that information. Establishing an

informant system is subject to local consideration of special hazards that may

be involved. Take every precaution to provide safety for EPW informants.

WORK DETAIL GUARDS

4-101. Keep work detail guards to the minimum number necessary to assure

reasonable security and prevent EPW escape. Guards maintain a reasonable

distance from work details and properly position themselves to provide the

best observation of the area. Rest breaks for guards are taken separately

while EPWs are working.

MILITARY WORKING DOGS

4-102. The MWDs offer a viable deterrent against EPW escapes, because their

tracking capabilities can be used to recapture escapees. Chapter 2 provides

more information on MWDs and their use in internment facilities.

Enemy Prisoners of War 4-23

FM 3-19.40

ESCAPE PREVENTION

4-103. Minimize escapes by—

• Conducting periodic, unannounced, and systematic searches to detect

tunneling, caches of food or clothing, weapons, maps, and money or

other valuables.

• Maintaining strict accountability for tools and equipment that EPWs

can access or use.

• Examining perimeter fencing daily to detect cuts or other weaknesses.

• Examining the lighting system during darkness to detect poorly

lighted areas along the perimeter. (Replace burned out or broken light

bulbs immediately.)

• Conducting training and refresher training to ensure that all security

and guard personnel are familiar with security precautions,

techniques, and procedures.

• Searching vehicles and containers taken into or out of the internment

facility.

• Supervising the disposition of unconsumed rations (in the internment

facility and on work details) to prevent caching of food.

Early Detection of Escape Attempts

4-104. To detect escape attempts, conduct—

• Roll calls and head counts on regular and unannounced bases.

• Roll calls twice daily, preferably early morning and late evening.

• Head counts immediately after witnessing a mass disturbance,

discovering an open tunnel, or detecting a hole or break in a fence.

• Head counts frequently while on work details and when en route to

another facility.

Escape Prevention and the Use of Force

4-105. The facility commander ensures that US soldiers understand the ROE,

including the use of the term halt, the use of deadly force, and the ban on

physical or imaginary deadlines. Per AR 190-8, he also ensures that EPWs

understand the use of the English word halt and its implications.

4-106. When an EPW tries to escape, a guard shouts HALT three times;

thereafter, the guard uses the least amount of force necessary to halt the EPW.

If there is no other effective means of preventing escape, deadly force can be

used. If an EPW tries to escape from a fenced enclosure, do not fire unless he

clears the outside fence (barrier, concertina wire, or razor tape) and makes

further effort to escape. If an EPW tries to escape outside a fenced enclosure,

fire if he does not halt after the third command.

4-107. An escape is successful if an EPW—

• Reaches the lines of his forces or the allies of that power.

• Leaves the territory that the US or its allied powers control.

Per the unit SOP, notify commands and interested agencies of escapes and

recaptures.

4-24 Enemy Prisoners of War

Chapter 5

Civilian Internees

A civilian whose status cannot be determined is treated as an OD. All

rules, regulations, and privileges applicable to an EPW apply to an OD.

When an OD is adjudicated by a military tribunal and determined to be a

CI, he is removed from the EPW facility and treated as a CI. This chapter

discusses the internment process after a military tribunal adjudicates a

civilian and determines that he should be interned. A CI internment

facility runs parallel to an EPW internment facility, with some differences.

A CI—

• Is protected under the provisions of the GC.

• Does not meet the criteria for classification as an EPW or an RP.

• Is considered a security risk.

• Needs protection because he committed an offense against the

detaining power (insurgents, criminals, or other persons).

NOTE: AR 190-8 provides detailed information on the

administration of a CI internment facility and the treatment of

CIs.

GENERAL PROTECTION

5-1. Do not physically torture or use moral coercion against CIs. This does not

prevent the use of minimum force necessary to enforce measures authorized

or directed by AR 190-8. Ensure that CIs are treated with respect and

protected against—

• Violence.

• Insult.

• Public curiosity.

• Bodily injury.

• Reprisal.

• Sexual attack (molestation, prostitution, or any form of indecent

assault).

5-2. Treat CIs considerately, without adverse distinction based on race,

religion, political opinion, sex, or age. The following are prohibited:

• Measures that may cause physical suffering or death.

• Intimidation.

• Terrorism.

• Reprisal.

• Hostage acts.

Civilian Internees 5-1

FM 3-19.40

• Deportation from the occupied territory to the territory of the

occupying power or any other country (occupied or not).

5-3. The CIs can apply for assistance from protecting powers, the ICRC,

approved religious organizations, relief societies, and others. Within the limits

of military and security considerations, these organizations are allowed access

and facilities to assist CIs.

AUTHORIZATION TO INTERN

5-4. The internment of protected civilians is authorized and directed if the

following requirements are met:

• Internment is necessary (as determined by competent US military

authority) for the security of US armed forces in the occupied territory.

• Internment is directed (by a properly constituted US military court in

the occupied territory) as the sentence for an offense that violates

penal provisions issued by the occupying US armed forces.

5-5. A protected civilian in the occupied territory is accepted for internment

upon receipt of one of the following:

• An internment order for imperative security reasons authenticated by

a commissioned officer who is delegated authority by the TO

commander.

• An order of an authorized commander, approving and ordering into

execution, a sentence to internment pronounced by a properly

constituted US military court in the occupied territory.

5-6. A CI can request compassionate internment of his dependent children

who are without parental care in the occupied territory. This is normally

granted after coordination with SJA when both parents or the only surviving

parent is interned.

SAFETY

5-7. Establish and administer a safety program for CIs according to pertinent

safety directives. (See AR 385-10 for more information.)

ADMINISTRATIVE RESPONSIBILITIES

5-8. An I/R facility housing CIs is commanded by a commissioned officer of

the US armed forces, and he is responsible for the safety and well-being of all

housed personnel. He ensures that copies of the Geneva Conventions and

facility regulations, orders, and notices relating to the conduct and activities of

internees are posted in each facility, in the language of internees housed there.

He provides copies to internees who do not have access to posted copies.

5-9. Regulations and other guidance relative to the administration,

employment, and compensation of internees are prescribed in detail in AR

190-8 and DFAS-IN 37-1. The commander ensures that all members of his

staff and command are familiar with applicable ARs, directives, international

laws, and administrative procedures.

5-10. The commander is responsible for administratively processing each

internee. When processing is complete, a strength report (DA Form 2674-R) is

5-2 Civilian Internees

FM 3-19.40

transmitted to the IRIC, which functions as the field operations agency for the

national IRIC located in the TO.

PRINCIPLES AND POLICIES

5-11. The following principles apply to CI internment facilities:

• Use housed personnel for internal maintenance and operation.

• Use captured supplies and equipment

(excluding weapons and

ammunition).

• Maintain control.

5-12. A CI has the right to—

• Submit requests and complaints regarding the conditions of his

confinement to detaining and protecting powers.

• Elect representatives to the internee committee.

• Send and receive correspondence.

NOTE: Commanders are authorized to impose disciplinary

punishment according to the Geneva Conventions and AR 190-8.

STANDING ORDERS

5-13. Standing orders are used to provide uniform, orderly administration of

the I/R facility. The orders to be obeyed by housed personnel are published in

their language and posted where they can read and refer to them. Standing

orders include rules, procedures, and instructions governing the following

activities and other matters as deemed appropriate:

• Schedule of calls, including—

■

Reveille.

■

Morning roll.

■

Readiness of quarters for inspection.

■

Sick.

■

Mess.

■

Evening roll.

■

Lights out.

• Housed-personnel actions that support emergency action plans of the

internment facility, such as—

■

Fire drills.

■

Air raid drills.

■

Emergency evacuations.

■

Natural-disaster drills.

■

Blackouts.

■

Escapes.

• Hours for religious services, recreation activities, and so forth.

• Procedures for emergency sick call.

• Designated smoking areas.

Civilian Internees 5-3

FM 3-19.40

RECORDS AND REPORTS

5-14. The commander establishes local records and reports necessary to

operate the facility effectively. The reports provide information concerning

control, supervision, and disposition of the CI population. The commander

determines the type (administrative, operational, logistical, intelligence, and

personnel) of reports and the frequency (routine or as required). Normal

command records and reports, such as duty officer logs, worksheets, and

situation maps, are also required.

Processing

5-15. Internees who meet the requirements in the Geneva Conventions and

AR 190-8 are entitled to the protected CI status. Process them as follows:

• Issue an ISN to each processed CI using the procedures in Chapter 4

for EPWs. Ensure that the letters “CI” follow the last number of the

ISN.

• Complete DA Form 2663-R in duplicate for each CI and each

dependent child. Place one copy in the CI’s personnel file, which is

transferred with him; and forward the other copy to the IRIC.

• Prepare DA Form 2674-R for each facility housing CIs and for each

hospital where CIs are assigned. Account for all captives classified as

CIs, captives who had a DA Form 4237-R prepared, and dependent

children who received compassionate internment.

• Issue DA Form 2677-R to each processed CI. Direct him to retain the

card at all times.

• Complete DA Form 2678-R in duplicate. Forward one copy to the CI

information agency and the other copy to a relative.

• Prepare DA Form 4237-R for each protected civilian processed in the

occupied territory as a CI or a dependent child. Stamp the letters “CI”

on the top and bottom of each form.

Dependent Children

5-16. Dependent children who are interned with their CI parents are not

classified as CIs or processed, except as required on DA Forms 2663-R,

2674-R, and 4237-R. When dependent children reside in the facility with their

parents, they are cared for, accounted for, and managed like their parents.

House children and parents together in facilities that allow them to lead a

normal family life. Children under the age of 12 are identified by wearing an

ID badge or wristband. Ensure that children under the age of 15, who are

orphaned or separated from their families as a result of the war, are not left to

their own resources.

Assignments

5-17. Assign CIs to appropriate internment facilities, and intern those with

violently opposed ideologies in separate facilities. When possible, assign CIs

according to their nationality, language, and customs. Do not separate CIs

who are nationals of the same country merely because they speak different

languages; however, consider political and cultural differences as grounds for

5-4 Civilian Internees

FM 3-19.40

separation. Maintain segregation of males and females, with the following

exceptions:

• House members of the same family together (particularly parents and

children), allowing them to lead a near-normal family life.

• Provide quarters to a parent (if single or interned without a spouse)

and children that are separate from those for single persons.

Identification

5-18. The reasons for identifying CIs are many and varied; among them are—

• Verifying facility rosters against the actual population.

• Identifying family members to allow timely reunification.

• Matching CIs with their medical records in case of a medical

emergency or an evacuation.

• Checking identities of CIs being transferred against the transfer

roster.

5-19. An ID band (see Chapter 4) permits rapid, reliable ID of CIs. Assign

each CI an ISN according to the procedures in Chapter 4 and AR 190-8.

Substitute the letters “CI” for “EPW;” for example, US9AB-000001CI. The ID

card contains the CI’s name, photograph, and ISN. When serious deterioration

of an ID band or card occurs, replace it immediately. Use a DA Form 2677-R to

facilitate ID.

CLOTHING

5-20. Allow CIs to retain their clothing and footwear. Provide clothing,

equipment, supplies, subsistence, and fuel as necessary. Issue work clothing

and, as required by circumstances and climatic conditions, replacement

clothing. Account for health and comfort items, such as razors and

toothbrushes, with a direct-exchange program.

5-21. Mark outer garments with the letters “CI.” Use black letters, about 4

inches high; if the clothing is a dark color, use white letters. Mark shirts,

coats, and similar items across the back and on the front of each sleeve

(between the elbow and the shoulder). Mark trousers, walking shorts, and

similar items across the back (slightly below the belt) and on the front of each

leg (slightly above the knee). Do not mark hats and other accessories. The

commander can also direct that a CI’s ISN be placed on the inside of his

clothing. (See Figure 4-1, page 4-16.)

SUBSISTENCE

5-22. Issue food items based on the master CI menu prepared by the TO

commander. The CI menu includes a daily food ration that is sufficient in

quantity, quality, and variety to maintain good health and to prevent

nutritional deficiencies. Consider the customary diet when developing a CI

menu. Ensure that—

• Facilities are available to CIs for preparing additional food received or

procured from authorized sources.

Civilian Internees 5-5

FM 3-19.40

• CIs performing labor receive increased rations based on the type of

work performed.

• Expectant and nursing mothers and children under the age of 15

years receive additional food in proportion to their needs.

5-23. If CIs receive MREs as the main source of nourishment, provide them

with at least one hot meal per day. Supplement MREs with fruit, milk, and

bread.

RECEIVING AND PROCESSING AREAS

5-24. Use a controlled-flow format to escort CIs through the processing line.

Normally, four CIs are processed at a time and the average is eight per hour.

Secure unprocessed CIs in a holding area.

5-25. Request interpreters (linguists) from MI, PSYOP, allied forces, or local

authorities as necessary. This may require identifying and clearing trusted

internees or local nationals to interpret. Interpreters are particularly helpful

when entering required data into the IRIS.

5-26. The preparation and dispatch of internee strength reports (DA Form

2674-R) are governed by AR 190-8, and they are prepared at each internment

facility. Brigade or facility commanders may require feeder reports from

various compounds to facilitate the preparation of internee strength reports.

5-27. Escort internees to the receiving area where the internment process

begins. Table 5-1 outlines the internment process for CIs. It shows who is

responsible for each step and what actions they must accomplish. Based on

METT-TC, the commander may tailor stations to meet the situation. Stations

1 through 4 are in the receiving line, and Stations 5 through 9 are in the

processing line.

RECEIVING AREA

5-28. When CIs arrive at the facility—

• Segregate them from those who arrived earlier and those who are

partially processed.

• Ensure that a valid internment order was issued and accompanies

each CI.

• Verify that receipts for each CI and his equipment match the CI’s

control number.

• Secure personal property in a temporary storage area until CIs are

fully processed. Issue a DA Form 4137 for temporarily and

permanently stored property. Do not allow CIs access to storage areas.

• Ensures that CIs receive food, water, access to sanitation facilities

and, if needed, first aid.

• Escort CIs to the processing area as soon as the receiving process is

complete.

• Hold CIs in the receiving area until they can be processed.

5-6 Civilian Internees

FM 3-19.40

Table 5-1. Processing Actions at the CI Processing Area

Responsible

Station

Purpose

Actions

Individuals*

Receiving Line

Assign ISNs.

Follow accountability procedures.

Escort CIs and their property.

Conduct a same-gender search of CIs before entering the

processing area unless prohibited by conditions. NOTE: Upon

initial apprehension, a mixed-gender search can be

conducted; but it is discouraged due to possible negative

repercussions. The same-gender search restrictions are

based on the detainee being officially adjudicated and

declared a CI.

Remove and examine property, place it in a container or a tray,

mark it with a control number, and take it to a temporary

storage area. Issue a DA Form 4137 for stored property.

Supervise the movement of CIs to the next station.

Personal

Allow CIs to shower, shave, and get haircuts.

hygiene

Allow CIs access to sanitation facilities.

Supervise the movement of CIs to the next station.

Medical

Medical officer

Examine CIs for signs of illness or injury to discover health

evaluation

and MP

problems that may require medical treatment or evacuation.

Provide medical and dental care according to AR 40-3.

Give initial radioscopic chest examinations to look for active

diseases.

Perform a TB skin test on children up to 14 years of age.

Weigh CIs and establish a weight register.

Immunize and reimmunize CIs as prescribed by TO policy.

Place control numbers on medical records to reduce linguist

support. (Names, service numbers, and ISNs are entered at

Station 1 with the aid of an interpreter.)

Disinfect CIs as prescribed by TO policy.

Annotate medical records with the date and place of

inspection, immunization, and disinfection.

Supervise the movement of CIs to the next station.

Personal items

Issue personal-comfort items (toilet paper, soap, toothbrush,

and toothpaste).

Ensure that clothing is marked “CI.” NOTE: The CIs must

provide their own clothing and footwear.

Escort CIs to the processing area (Station 5).

*The number of people used to perform tasks depends on the number of CIs and the amount of time available.

Civilian Internees 5-7

FM 3-19.40

Table 5-1.

Processing Actions at the CI Processing Area (continued)

Responsible

Station

Purpose

Actions

Individuals*

Processing Line

Administrative

Processing

Verify the internment order and the authentication, including

accountability

clerk (assisted

the signature.

by an

Assign ISNs to CIs. Note the temporary control numbers that

interpreter, MI,

ISNs are replacing so that late-arriving property can be

or others) and

matched to its owner.

Initiate personnel records (DA Form 4237-R), ID documents

(DA Form 2677-R), and property receipts.

Prepare forms and records to maintain the accountability of

CIs, their families, and their property (see STANAGs 2033,

2044, and 2084).

Supervise the movement of CIs to the next station.

Photography

Fingerprint CIs. Identify and record the information on

and

fingerprint cards (DA Form 2663-R).

fingerprinting

Take two photographs (with instant film or digital technology).

Have captives look straight ahead, and fill the frame with their

face.

Use photograph name boards (black backg1round with white

characters). List ISNs and names (translated into English) at

the bottom center.

Attach one photograph to the CI’s personnel record.

Give a completed, laminated ID card (which contains the

second photograph) to the CI.

Supervise the movement of CIs to the next station.

Personal

Inventory and record property (in the presence of CIs) brought

property

from temporary storage areas.

Make separate lists for returned, stored, impounded, and

confiscated property. List property to be returned to CIs or

stored during internment on a separate list.

Update DA Form 4137, or provide the CI with a new one.

Supervise the movement of CIs to the next station.

Records

Review processed records for completeness and accuracy.

review

Escort CIs back to processing stations to correct errors if

necessary.

Allow CIs to prepare DA Form 2678-R. If CIs are unable to

write their own cards, have someone authorized by the

commander to do it for them.

Prepare and maintain an accountability roster of all internees.

Movement to

Brief CIs on facility rules and regulations.

living area

Escort CIs to their new living areas.

*The number of people used to perform tasks depends on the number of CIs and the amount of time available.

5-8 Civilian Internees

FM 3-19.40

5-29. A medical officer—

• Examines CIs upon arrival at the facility and monthly thereafter.

• Determines medical fitness, state of health, nutrition, and cleanliness.

• Checks for communicable diseases (vermin infestations, TB, malaria,

sexually transmitted diseases [STDs], and HIV), and isolates CIs with

communicable diseases.

• Records weight on DA Form 2664-R. This process monitors abrupt

changes in weight that may affect health.

NOTE: When possible, use qualified CI personnel for the medical and

hygiene work necessary for the well-being of CIs.

PROCESSING AREA

5-30. After CIs have completed the receiving portion of their processing, move

them to the processing area where they are formally processed into the

internment facility. They are entered into the IRIS database, and the IRIC

forwards the information to the national IRIC for dissemination to protecting

powers. The processing element—

• Keeps CIs segregated as much as possible during processing.

• Conducts administrative processing.

• Expedites the processing of CIs

(suspected spies and saboteurs)

selected by MI teams for interrogation.

• Assigns each CI an ISN.

• Replaces the control number on each CI’s wrist with the ISN.

FLOW OF INFORMATION

5-31. Regard the information collected from CIs as sensitive to protect them

and the soldiers who are guarding them. If belligerent nations discover how

many internees are in a facility or discover the location of a facility, it may be

targeted to silence the sources of information. Maintain proper security

throughout the information flow, and disseminate information through proper

channels. The IRIC acts as a hub for information that CHAs and I/R facilities

produce. Report personnel records electronically on the IRIS or, if necessary,

as a paper file.

5-32. The information flow begins when the prisoner is captured and a DD

Form 2745 is initiated. The ISN, which is assigned upon arrival at a CHA or

an I/R facility, is the key to tracking CIs throughout the I/R system.

5-33. A CI was initially processed as an EPW (see Chapter 4), and the

information gleaned during that process is used to process him as a CI. Once

an individual is adjudicated by a military tribunal as a CI, specific

information must be electronically entered on DA Forms 2674-R and 4237-R:

• DA Form 2674-R. Enter the following information in Section B:

■

The first and last names of the CI and his dependent children who

are given compassionate internment.

■

The ISN. Assign an ISN if the individual does not have one.

(Dependent children are not assigned an ISN.)

■

The grade, the civilian capacity, and/or the title.

Civilian Internees 5-9

FM 3-19.40

■

The sex of the CI and his dependent children.

■

The nationality. This is the name of the country that the CI claims

for citizenship.

■

The occupational skill.

■

The name of the person who approved the internment order, the

headquarters, and the date.

• DA Form 4237-R. Prepare a DA Form 4237-R for each protected

civilian processed in an occupied territory as a CI or a dependent

child. Enter all available pertinent information and information that

the CI is willing to give. Note information that the CI is unable or

unwilling to give.

5-34. Information collected during processing (initial and full) and entered

into the IRIS (CHA or I/R facility) is sent to the IRIC. The IRIC collects the

entire personnel file (it is normally electronic with a hard-copy backup). The

I/R facility reports the information to the IRIC, who disseminates it as

appropriate. The strength report (DA Form 2674-R) is the only information

passed up the I/R facility’s chain of command. Information also flows to the

ICRC, the state department, and other federal agencies as required.

Questions regarding the information or internee flow in the TO are directed to

the IRIC.

CONTROL AND DISCIPLINE

5-35. Treat all CIs fairly. Ensure that directions are reasonable, capable of

being obeyed, and given in an understood language. Promptly report refusals

and failures to obey facility rules through the chain of command.

CONTROL

5-36. The MP maintain control of CIs and efficiently administer internment

facilities. This includes reducing waste and avoiding duplication of effort.

Facility personnel quickly and fairly establish and maintain discipline. For

example, they—

• Observe rigorous self-discipline.

• Maintain a professional, impersonal attitude.

• Follow the guidelines established in the ROI and the ROE.

• Cope with hostile or unruly behavior or incidents calmly.

• Take fair, immediate, and decisive action.

5-37. Guards take positive action to establish daily and periodic routines and

responses that are conducive to good discipline and control. They—

• Enforce policies and procedures.

• Give reasonable, decisive orders in a language that CIs understand.

• Post copies of the Geneva and UN Conventions in a language that CIs

understand and ensure that copies are easily accessed. The internee

committee provides copies to CIs who do not have access to posted

copies.

• Post rules, regulations, instructions, notices, orders, and

announcements that CIs are expected to obey. They ensure that the

5-10 Civilian Internees

FM 3-19.40

information is easily accessed and is in a language that CIs

understand. The internee committee provides copies to CIs who do not

have access to posted copies.

• Ensure that CIs obey orders, rules, and directives.

• Report refusals and failures to obey orders and regulations.

NOTE: Per AR 190-8, single CI females are directly supervised or

guarded by female personnel. A parent with children, if single or

interned without a spouse, is provided quarters that are separate

from those for single persons.

5-38. The CIs can be searched for security purposes, but only same-gender

searches are allowed. A strip search can be conducted to recover contraband

and to report injuries and signs of drug use.

5-39. To protect CIs from violence, bodily injury, and threats of reprisal at the

hand of fellow internees, post a notice of protection (Figure 5-1) in every

compound. Ensure that the notice is posted in a language that internees

understand.

NOTICE

An internee (regardless of faith or political belief) who fears that his life is in danger or

that he may suffer physical injury at the hands of another internee, should immediately

report the fact to a US Army officer of this facility without consulting the internee

committee. The facility commander provides adequate protection to the internee (such

as segregation or transfer). An internee who mistreats a fellow internee will be punished.

(Signed by the Commanding Officer)

Figure 5-1. Sample Notice of Protection

DISCIPLINE

5-40. Maintain and enforce discipline and security, and deal with offensive

acts promptly. Maintain a record of disciplinary actions, which may be

inspected by protecting powers. The internee committee does not have

disciplinary power over and cannot administer punishment to fellow

internees. The following actions are not permitted between CIs and US

military or civilian personnel:

• Fraternization.

• Donation or receipt of gifts.

• Engagement in commercial activity.

5-41. The facility commander is authorized to order disciplinary punishment

for a CI under the provisions of AR 190-8 and the Geneva Conventions. Before

imposing disciplinary punishment, provide an interpreter if necessary and—

• Provide the CI with precise information regarding the offense.

• Give the CI an opportunity to defend the allegation.

• Permit the CI to call witnesses.

5-42. The following disciplinary actions are authorized:

Civilian Internees 5-11

FM 3-19.40

• Discontinuance of privileges that are beyond those granted by AR

190-8 and the Geneva Conventions.

• Confinement.

• A fine (not to exceed one-half of the wages received during a 30-day

period).

• Extra fatigue duty to maintain the internment facility (not to exceed 2

hours per day).

5-43. The duration of a single disciplinary punishment will not exceed 30

consecutive days—even if the CI is answerable for several breaches of

discipline (related or not) at the time punishment is imposed. The period

lapsing between pronouncing the disciplinary punishment and completing its

execution will not exceed 30 days. After a disciplinary action has been

executed, another disciplinary action cannot be imposed on the same CI until

3 days has lapsed between the execution of any two punishments, if the

duration of one of the two punishments is 10 days or more.

CONFINEMENT

5-44. A CI accused of an offense for which disciplinary punishment is

contemplated will not be confined unless it is essential to facility order and

discipline. If a CI does spend time in confinement awaiting a hearing, it will

not exceed 14 days and it will be deducted from his sentence.

5-45. A CI who is subject to confinement serves the time in a facility stockade.

Females and males are confined in separate quarters, and females are

supervised by females. While undergoing confinement for pretrial, for

posttrial, or in connection with disciplinary or judicial proceedings, a CI is—

• Allowed to exercise and stay in the open air at least 2 hours a day.

• Allowed to attend daily sick call, receive medical attention and, if

necessary, be transferred to a hospital.

• Given enough food to maintain health.

• Permitted to confer with visiting representatives of the protecting

powers and the ICRC.

• Permitted to receive spiritual assistance.

• Treated with proper regard.

• Provided hygienic living conditions.

• Provided adequate bedding, supplies, and facilities necessary for

personal cleanliness.

• Allowed to send and receive letters, cards, and telegrams. (Parcels and

remittance of money can be withheld from a CI until his punishment

is complete.)

INTERNEE COMMITTEE

5-46. One of the best ways to ensure cooperation within a facility is to

establish a form of self-government. This minimizes the impression that CIs

are prisoners under the control of a foreign government and allows them to

feel a sense of control over their lives. The internee committee represents the

local CI population to the detaining power, protecting powers, the ICRC, and

5-12 Civilian Internees

FM 3-19.40

other authorized relief and aid organizations. The committee’s

communications with these organizations are unlimited.

5-47. The internee committee has two or three elected members, and each

member can have an assistant who acts as an interpreter. The facility

commander approves each elected member and assistant. Members are

elected by secret ballot every 6 months, and they can be elected to more than

one term. When the commander disapproves an election, it is submitted in

writing and states the reason for disapproval. He forwards the disapproval

through channels to the IRIC, who forwards it to the national IRIC and

protecting powers.

5-48. Duties of a internee committee include—

• Furthering spiritual, physical, and intellectual well-being.

• Being responsible for and having jurisdiction over mutual assistance

organizations set up by CIs.

• Visiting outside labor details.

• Checking the management of the canteen and the canteen fund.

• Presenting and transmitting petitions and complaints to appropriate

authorities.

• Distributing and disposing of collective relief shipments.

• Receiving briefings about ongoing and final judicial proceedings.

CORRESPONDENCE

5-49. The correspondence system for CIs parallels that for EPWs (Chapter 4).

The exceptions are that DA Form 2679-R is used for letters and DA Form

2680-R is used for postcards.

COMPLAINTS AND REQUESTS

5-50. A CI can make a complaint or a request to the facility commander, who

tries to resolve the issue. If the CI is not satisfied with the resolution, he may

address it to HQDA. A CI can make a complaint by mail, in person to a

visiting representative of protecting powers, or through the internee

committee.

MEDICAL TREATMENT

5-51. Provide personnel, material, and facilities for routine and emergency

medical treatment. Ideally, transfer patients requiring inpatient care to a

civilian hospital. If a civilian hospital is unavailable or if its use is infeasible

due to security considerations, transfer patients to a US military hospital.

Ensure that the treatment they receive is as good as that provided for the

general population, and provide guards as necessary.

SANITATION

5-52. Proper sanitation and cleanliness of a facility prevents the spread of

disease among the CI population and the US forces guarding them. The

facility commander—

Civilian Internees 5-13

FM 3-19.40

• Conducts periodic, detailed sanitary inspections.

• Publishes a detailed sanitary order in a language that CIs understand

and posts it in each compound.

• Provides sanitary supplies, services, and facilities necessary for

personal cleanliness and sanitation.

• Ensures that—

■

Hygiene and sanitation measures conform to AR 40-5 and related

regulations.

■

Latrines are available 24 hours a day.

■

Separate showers and latrines are available for males and

females.

■

Adequate space is allocated to prevent overcrowding within

housing units, while maintaining proper segregation and family

integrity.

■

Good food sanitation and personal hygiene is observed by food

service personnel.

■

Waste is disposed of properly.

■

Sufficient potable water is available for drinking, bathing, doing

laundry, and preparing food.

■

Materials are available for personal hygiene, including products

for female hygiene and infant care.

TRANSFER

5-53.

The CIs may be transferred, subject to the following conditions:

• They cannot be transferred outside the borders of the occupied country

where they are interned, except when material reasons prevent

displacement.

• They will be transferred if they are exposed to greater risk by

remaining at the facility if the CZ moves closer to the location.

• Sick, wounded, infirmed, or maternity cases are not transferred if the

transfer would be detrimental to their health.

5-54.

The facility commander—

• Informs CIs of their impending transfer and new postal address so

that they have enough time to pack and notify NOK.

• Verifies the accuracy and completeness of personnel records and

provides records (in a sealed envelope) to escort guards.

• Verifies that CIs have authorized clothing and equipment.

• Prepares impounded personal effects and property for forwarding with

escort guards or by separate shipment as appropriate.

• Instructs escort guards on their duties and responsibilities, including

procedures to be followed in case of an attack, an escape, a death, or

another emergency.

• Provides or arranges for rations, transportation, and notifications

according to prescribed procedures.

• Ensures that CIs are manifested by name, ISN or ID number,

nationality, and physical condition.

5-14 Civilian Internees

FM 3-19.40

• Notifies the IRIC and the national IRIC of CI transfers immediately.

5-55. The transfer of personal effects and property parallels that of EPWs

(Chapter 4), except—

• Belongings that exceed the 55-pound limit are shipped separately.

• Parcels and mail are forwarded to the new facility.

• Items donated by welfare agencies and items used in religious services

are forwarded as community property.

RELEASE

5-56. A CI can be released to a representative of his country of residence or a

designated protecting power if control and accountability are maintained. He

can be released after hostilities cease (subject to pending judicial proceedings)

if the reasons for his internment no longer exist as determined by the TO

commander. A CI who is eligible for release but has judicial proceedings

pending for offenses not exclusively subject to disciplinary punishment is

detained until the close of proceedings. The TO commander may decide that a

CI must serve his penalty before being released, and a CI already serving a

penalty may be similarly detained. Rosters of detained CIs are forwarded to

the IRIC and the national IRIC for transmittal to protecting powers.

SOCIAL PROGRAMS

5-57. The commander coordinates social programs. He provides premises and

facilities for these activities and procures needed materials and supplies

through normal supply channels. The CIs are encouraged to participate, but

they are not required to do so.

5-58. Carefully selected and qualified civilian nationals and CIs (supervised

by US military personnel) can be used to guide social activities. The selected

individuals will not introduce political overtones or further enemy propaganda

objectives while conducting these activities.

EDUCATION

5-59. Encourage and support an active, intellectual education program for

CIs. Coordinate adequate facilities and instruction material through local

agencies. Consider the following when developing an education program:

• Levels of education throughout the CI population.

• Basic courses of education, including—

■

Reading.

■

Writing.

■

Geography.

■

Mathematics.

■

Language.

■

Literature.

■

History.

■

Music.

■

Art.

Civilian Internees 5-15

FM 3-19.40

• The education of dependents who reside with their CI parents.

• Vocational training to develop skills that may be useful during

internment.

RELIGION

5-60. Allow CIs the freedom of worship, including attendance at services of

their faith held within the internment facility. Permit chaplains and other

clergy to minister freely to those who request their help. The facility

commander may permit ordained clergy or theological students to conduct

services.

VISITS

5-61. Permit close relatives and other persons authorized by the TO

commander to visit CIs according to TO regulations. All visitors are subject to

security precautions. Under emergency conditions and subject to the TO

commander’s policy, a CI may visit a close relative who is seriously or

terminally ill and may attend the funeral of a close relative.

5-62. Allow accredited representatives of protecting powers and the ICRC full

access to the internment facility and the internees. Per DA policies and

procedures, permit visits of approved religious organizations, relief societies,

NGOs, IOs IHOs, and other organizations who assist housed personnel.

Organizations who want access to internees should coordinate visits in

advance to avoid confusion upon arrival at the facility. The facility staff

establishes an access roster of representatives and develops a method to verify

their identity.

RECREATION

5-63. Encourage and support active participation in recreation activities to

promote general health and welfare and to alleviate tension and boredom. In

addition, provide athletic contests and group entertainment (concerts, plays,

music, and motion pictures). Provide playgrounds for dependent children of

CIs.

AGRICULTURE

5-64. When practical, CIs should raise vegetables to supplement their diet. Do

not overlook the importance of developing an agriculture program. Gardening

projects are particularly desirable because they provide gainful employment

for large numbers of individuals. The food produced is used for the benefit of

the CI population, and it provides a valuable supplement to diets at minimal

expense.

5-65. Procure the types and quantities of agriculture supplies required (seeds,

fertilizers, and implements) through local purchase. Ensure that the supplies

are procured in a timely manner.

EMPLOYMENT

5-66. The TO commander may issue instructions governing the employment

and compensation of CIs for labor. The CIs can be employed to construct,

5-16 Civilian Internees

FM 3-19.40

administer, manage, and maintain the facility; and they are compensated

according to DFAS-IN 37-1. The CIs are required to work if the labor is

consistent with their age and physical condition. Their fitness for work is

determined in the same manner as EPWs (Chapter 4). The CIs cannot be

compelled to work if they are under the age of 18. They can be compelled to

perform the following types of work and may volunteer to perform other types

of work:

• Administrative, maintenance, and domestic work within the

compound.

• Duties relative to protecting CIs against aerial attack or other war

risks.

• Medical duties if they are professionally and technically qualified.

SECURITY

5-67. The facility commander is responsible for security measures that

effectively control CIs with minimal use of force. The physical construction of

the facility and the presence of guard personnel (Chapter 2) constitute the

most obvious means of providing security. Maintaining a high state of

discipline, a system of routines, and required standards of behavior enhance

effective security and control.

5-68. Most CIs actively cooperate with US internment facility authorities or

assume a passive, compliant role. Cooperative CIs are composed, in part, of

individuals with ideologies favorable to the US. Others, through resignation or

apathy, will simply adapt themselves to the conditions of their internment.

5-69. Some CIs will engage in a campaign of embarrassing and harassing US

personnel to create propaganda of value to their cause that would have

negative ramifications on the US. The leaders of the uncooperative faction

may try to establish a united effort and blind obedience by all its members.

Any relaxation of security is immediately detected and fully exploited.

ADVERSE ACTIONS

5-70. Dissident actions by CIs vary from acts of harassment to acts of

violence. Such actions may include—

• Sabotaging equipment or facilities.

• Assaulting other CIs or custodial personnel.

• Taking hostages to secure concessions.

• Intimidating other CIs.

• Fabricating weapons or other illegal items.

• Creating embarrassing situations or making false accusations to

influence international inspection teams or members of protecting

powers.

• Instigating disturbances or riots to place the facility staff in

unfavorable positions (this allows CIs to gain concessions and

influence custodial policies).

Civilian Internees 5-17

FM 3-19.40

5-71. Paramilitary forces may—

• Establish communications with internees by using agents, smuggled

radios, or foreign-language newspapers.

• Order members of its armed forces to infiltrate the facility and become

agitators.

PLANNING

5-72. Ensure that security planning is continuous and complete and that it

reflects current intelligence information on CIs. Implement an

immediate-response plan that is capable of meeting all internal and external

threats to security. Security planning for a CI compound is similar to that for

an EPW compound (Chapter 4). (See Chapter 2 for more information on

security planning.)

RULES OF ENGAGEMENT

5-73. The CINC establishes the ROE in coordination with the SJA and the

joint staff. Special ROE can be developed for use in I/R facilities, but they

must have CINC approval.

MILITARY WORKING DOGS

5-74. The MWDs enhance the security and safety of an I/R facility. They can

be used for patrolling and detecting explosives and narcotics. (See Chapter 2

and AR 190-12 for more information.)

DISTURBANCES

5-75. Disturbances within the compound may range from riots to less violent

disorders, and they can be organized or unorganized. (See Chapter 3 and

Appendix B for more information.)

FACILITY MARKINGS

5-76. When military considerations permit, mark CI facilities with the letters

“CI.” Place the letters so that they are clearly visible in the daytime from the

air.

5-18 Civilian Internees

Chapter 6

Internment/Resettlement Facilities

The TO commander is responsible for EPW/CI operations, and he provides

engineer and logistical support for the MP commander to establish and

maintain I/R facilities. Facility construction is included in the planning

phase of an operation, and MP leaders take part in the planning process.

Planning, coordinating, and establishing facilities begins during the

build-up phase of an operation. Each facility provides appropriate

segregation, accountability, security, and support of internees. An I/R

facility is semipermanent in nature and normally consists of one to eight

compounds, each capable of interning 500 people. (Appendix D provides a

synopsis of the various MP I/R units that may be assigned to a TO.)

PLANNING

6-1. Planning for the construction of I/R facilities must be projected into the

future. This provides timely notification of engineers, selection and

development of facility sites, and procurement of construction materials.

LOCATION

6-2. The MP coordinate the location with engineers, logistical units, higher

headquarters, and the HN. The failure to properly consider and correctly

evaluate all factors may increase the logistical and personnel efforts required

to support operations. If an I/R facility is improperly located, the entire

internee population may require movement when resources are scarce. When

selecting a site for an facility, consider the following:

• Will the interned population pose a serious threat to logistical

operations if the tactical situation becomes critical?

• Is there a threat of guerrilla activity in the area?

• What is the attitude of the local population?

• What classification of internees will be housed at the site?

• What type of terrain surrounds the site, and will it help or hinder

escapes?

• What is the distance from the MSR to the source of logistical support?

• What transportation methods are required and available to move

internees, supplies, and equipment?

6-3. In addition, consider the—

• METT-TC.

• Proximity to probable target areas.

• Availability of suitable existing facilities

(avoids unnecessary

construction).

Internment/Resettlement Facilities 6-1

FM 3-19.40

• Presence of swamps, mosquitoes, and other factors (including water

drainage) that affect human health.

• Existence of an adequate, satisfactory source of potable water. The

supply should meet the demands for consumption, food sanitation,

personal hygiene, and sewage disposal.

• Availability of electricity. Portable generators can be used as standby

and emergency sources of electricity.

• Distance to work if internees are employed outside the facility.

• Availability of construction material.

• Soil drainage.

CONSTRUCTION

6-4. The type of construction necessary depends on the—

• Climate.

• Anticipated permanency of the facility.

• Number of facilities to be established.

• Availability of labor and materials.

• Conditions under which the detaining power billets its forces in the

same area.

6-5. Use local, vacant buildings to reduce the requirements for engineer

construction materials and personnel. Use internees and local sources of

materials to modify and construct structures. In the absence of existing

structures, tents are the most practical means for housing internees.

6-6. The Engineer Corps’ Theater Construction Management System (TCMS)

contains basic plans, specifications, and material requirements for I/R

facilities based on the anticipated internee population. The plans can be easily

modified for temperate, frigid, tropic, and desert climates. The TCMS also

provides specifications and material requirements for the facilities when

dimension and/or population requirements are supplied.

SECURITY REQUIREMENTS

6-7. Separate the compounds from each other to prevent communication

between internees. Take advantage of irregular terrain features as obstacles

to communication. Locating compounds in close proximity increases efficiency

and security; however, distances of a mile may be required between

compounds on level terrain. Minimal security requirements include—

• Clear zones. A 12-foot clear zone surrounds each facility housing

EPWs or CIs. The clear zone is free of vegetation and shrubbery

between the inside and outside perimeter fences, and it is constructed

around the circumference of the facility.

• Guard towers. Locate guard towers on the perimeter of each facility.

Place them immediately outside the wall or, in case of double fencing,

where they permit an unobstructed view of the lane between the

fences. The space between towers must allow overlapping observation

and fields of fire. During adverse weather, it may be necessary to

augment security by placing fixed guard posts between towers on the

6-2 Internment/Resettlement Facilities

FM 3-19.40

outside of the fence. Ensure that towers are high enough to permit an

unobstructed view of the compound and low enough to permit an

adequate field of fire. Tower platforms should have retractable ladders

and be wide enough to mount crew-served weapons.

• Lights. Provide adequate lighting, especially around compound

perimeters. Illuminating walls and fences discourages escapes, and

illuminating inner strategic points expedites the handling of problems

caused by internees. Protect lights from breakage with an

unbreakable-glass shield or a wire mesh screen. Ensure that lights on

walls and fences do not interfere with guards’ vision. Provide

secondary emergency lighting.

• Patrol roads. Construct patrol roads for vehicle and foot patrols.

They should be adjacent to outside perimeter fences or walls.

• Sally ports. A sally port (a series of gates) is required to search

vehicles and personnel entering or leaving the main compound.

Consider placing a sally port at the back entrance to the facility.

• Communications. Ensure that communication between towers and

operation headquarters is reliable. Telephones are the preferred

method; however, ensure that alternate forms of communication (radio

and visual or sound signals) are available in case telephones are

inoperable.

LAYOUT

6-8. The facility layout depends on the nature of the operation, the terrain,

building materials, and HN support. A standard 4,000-man I/R facility

consists of eight 500-man compounds. A sample 500-man compound is shown

in Figure 6-1, page 6-4. Each compound has—

• Barracks (may be general purpose [GP] medium tents in the early

stages of an operation).

• Kitchen facilities

(may include providing internees with culinary

equipment and provisions or using military cooks).

• Bath houses.

• Latrines.

• A recreation area.

6-9. The administrative area of each facility has—

• A command post.

• An administrative building.

• Religious and educational buildings.

• A dispensary and an infirmary to treat minor illnesses and injuries.

• A supply building for storage and issue of expendable supplies.

• Latrines.

• Parking areas.

• Trash collection points.

• Potable-water points.

• Storage areas (open and covered).

• Generator and fuel areas.

Internment/Resettlement Facilities 6-3

FM 3-19.40

RECEIVING AND PROCESSING CENTERS

6-10. Captives must be fully processed before being interned, evacuated, or

repatriated. The size of a processing center depends on the anticipated

number of internees. It may be set up near overseas terminals, international

transfer points, and medical facilities. There is no set design for a processing

center (Figure 6-2), and a processing center may also have minimal

internment capabilities (Figure 6-3, page 6-6).

Figure 6-2. Sample Processing Center (Theater)

6-11. When establishing a processing center, coordinate with engineers for

construction. If structures are available, use them; otherwise, use tents.

Ensure that shelter, water, and latrines are available and that the processing

center is equal in quality to facilities used by US forces. Arrange the

processing center so that internees are not aware of what is taking place in

the next station.

6-12. The prescribed standards of treatment and care place a great demand

on the logistical system. When possible, use captured supplies and equipment

and ensure that internees wear captured clothing. Properly secure and

account for all supplies and equipment to avoid exploitation by internees.

SUBSISTENCE

6-13. Ensure that daily food rations are sufficient in quantity, quality, and

variety to maintain good health and prevent weight loss and nutritional

Internment/Resettlement Facilities 6-5

FM 3-19.40

Figure 6-3. Sample Processing Center with Internment Capability

deficiencies. Medical personnel apprise the commander of situational needs

and the nutritional health of the internee population. Provide working

internees with additional rations when required. Ensure that internees have

sufficient drinking water and latrine facilities. Sustain the health of internees

at a level that is equal to that of guarding US forces.

6-14. If dining facilities are unavailable, feed internees MREs. They can be

stored easily and require no additional dietary supplements. If fresh fruits

and vegetables are available, substitute them for nonperishable items.

Consider the habitual diet of internees, and allow them to prepare their own

meals under the supervision of US personnel (see AR 190-8). Ensure that

internees do not stockpile rations to use for escapes.

6-15. Food service equipment requirements vary depending on internees’

habitual diets and customs. The commander may authorize local procurement

of cooking equipment instead of requiring internees to use standard-issue

kitchen equipment. One food operations sergeant and one first cook will be

assigned to each 19547AB MP detachment (I/R) (EPW/CI). Food service

personnel train and supervise selected internees to perform food service

operations.

6-6 Internment/Resettlement Facilities

FM 3-19.40

CHAPEL FACILITIES

6-16. Provide chapels and religious materials in I/R facilities. Allow internees

to make chapel fixtures from available material or, if necessary, obtain

material through supply channels.

RECREATION EQUIPMENT

6-17. Obtain recreation equipment through supply channels if possible. If

necessary, secure equipment through local purchase.

CLEANING SUPPLIES

6-18. Each I/R facility requires housekeeping supplies. The types and

quantities required vary depending on the environment, the housing, and the

food service facility. Common Table of Allowance (CTA) 50-970 contains an

extensive list of housekeeping supplies. Use it as a guide to develop

allowances for janitorial and cleaning supplies. Ensure that there is plenty of

potable water available in each compound.

MEDICAL AND SANITATION CONSIDERATIONS

6-19. Ensure that medical treatment is available for all internees. Each I/R

facility has an infirmary where internees with contagious diseases, mental

conditions, or other illnesses can be isolated from other patients. Internees

have 24-hour access to latrines, which are clean and conform to the rules of

hygiene. Provide separate latrines for male and female internees. Provide

internees with facilities, soap, and water for their personal needs and laundry.

Consider the following sanitation standards to prevent disease and ensure

cleanliness of the facility:

• Distributing information to internees

(in their language) on the

importance of proper hygiene, sanitation, and food sanitation.

• Teaching food sanitation procedures and ensuring that they are

observed and practiced.

• Disposing of human waste properly to protect the health of everyone

associated with the facility according to the guidelines established by

PVNTMED.

• Providing—

■

Adequate space to prevent overcrowding.

■

Sufficient showers and latrines and ensuring that they are

cleaned and sanitized daily.

■

Enough potable water for drinking, bathing, doing laundry, and

conducting food service operations.

■

Personal-hygiene materials.

Internment/Resettlement Facilities 6-7

PART THREE

United States Military Prisoners

The US military prisoner operations are conducted under the umbrella of the Army

Corrections System (ACS). The ACS is an integral part of the military justice system,

which provides incarceration and correctional services for US military personnel. The

ACS provides custody and control of military offenders, while providing access to

basic education, offense-related counseling, selected academic courses, and training

necessary for return to military duty or the civilian community. Specific use-of-force

guidelines and the ROI apply to US military prisoner operations. On the battlefield, US

military prisoner operations parallel the internment and evacuation systems for EPWs,

CIs, RPs, ODs, and DCs. However, US military prisoners are not treated as or

confined with them.

Chapter 7 contains information on the ACS and provides the foundation and guidance

for conducting US military prisoner operations during wartime. Chapter 8 discusses

the short-term confinement of US military prisoners abroad during wartime, the field

detention facility (FDF), and the field confinement facility (FCF).

Chapter 7

Army Corrections System

The ACS provides confinement and correctional treatment for US military

prisoners. It operates on a corrective basis, rather than a punitive basis,

and its goal is to help prisoners become responsible, productive citizens.

The ACS facilities are staffed with carefully selected, well-trained,

professional personnel. Prisoners have access to programs that provide

education and rehabilitation. The staff and the programs are dedicated to

helping prisoners recognize and resolve their problems, correct their

behavior, and improve their attitudes.

LEVELS OF CONFINEMENT

7-1. The Army maintains a three-tiered correctional system to meet the needs

of prisoners. Although the mission at all levels is to confine and provide

correctional treatment, the mission emphasis differs at each level. These

differences are based on the length of time prisoners are confined and the

facilities and services required by the confinement.

Army Corrections System 7-1

FM 3-19.40

LEVEL I—CONFINEMENT FACILITIES

7-2. Confinement facilities provide—

• Pretrial confinement.

• Short-term posttrial confinement (normally 90 days or less).

• Custody.

• Control.

• Administrative support.

• Limited counseling.

7-3. Installations without ACS facilities can contract to incarcerate pretrial

prisoners in federally approved civilian jails. Agreements must provide for

segregation of prisoners by rank (officer, NCO, and enlisted), sex, and posttrial

status. Forward copies of agreements with civilian jurisdictions to HQDA

(DAMO-ODL-C). A sentenced prisoner who is pending transfer to an ACS

facility cannot be confined in a civilian jail for more than 10 days. However, an

installation commander can notify HQDA (DAML-ODL-C) and authorize

exceptions for prisoners sentenced to 30 days or less.

LEVEL II—REGIONAL CORRECTIONS FACILITIES

7-4. Regional corrections facilities (RCFs) provide—

• Pretrial confinement support.

• Multifaceted correctional-treatment programs.

• Vocational and military training to prepare prisoners for return to

duty or, if determined suitable, return to civilian society.

• Administrative support.

• Basic educational opportunities.

• Employment.

• Selected mental-health programs.

• Custody.

• Control.

LEVEL III—UNITED STATES DISCIPLINARY BARRACKS

7-5. The United States Disciplinary Barracks (USDB) is a maximum-custody

facility that provides long-term incarceration for prisoners. It is the only ACS

facility authorized to permanently incarcerate posttrial prisoners who are

sentenced to death.

7-6. Although federal civilian penal institutions are not a part of the ACS,

they may be used to confine prisoners. The Federal Bureau of Prisons

administers and operates the federal penal system. Military prisoners whose

disciplinary and adjustment records indicate a need for treatment that is

available in a federal penal institution may be transferred to that system.

Those scheduled for incarceration in a federal institution are first confined at

the USDB and then transferred to the federal institution. (See AR 190-47 for

more information.)

7-2 Army Corrections System

FM 3-19.40

CORRECTIONAL FACILITIES

7-7. Based on operational requirements and programs, HQDA

(DAMO-ODL-C) determines where prisoners are incarcerated if they are

sentenced to more than 30 days. The RCF provides short- and medium-term

confinements, and the USDB provides long-term confinement.

7-8. The facility commander is responsible for the administration and

operation of specialized correctional programs. The programs provide the

professional evaluation, counseling, education, and administration needed to

prepare prisoners for return to military or civilian life. Chapter 8 discusses

procedures and guidelines for establishing FDFs and FCFs.

LEGAL RIGHTS AND REQUIREMENTS

7-9. The UCMJ and local and service regulations govern the restraint and

confinement of military personnel. The ACS provides legal, humane, and just

treatment of prisoners throughout the confinement process, from pretrial

confinement to sentence expiration.

PRISONERS’ RIGHTS

7-10. Soldiers do not automatically forfeit all of their rights upon

confinement. Prisoners retain most of the rights guaranteed by the US

Constitution, although perhaps to a lesser degree. The most important

constitutional rights for prisoners are:

• First Amendment (freedom of speech and religion).

• Fourth Amendment

(freedom against unreasonable search and

seizure).

• Fifth Amendment (right against self-incrimination [Miranda Rights]).

• Sixth Amendment (right to counsel).

• Eighth Amendment (prohibition of cruel and unusual punishment).

CONFINEMENT REQUIREMENTS

7-11. Prisoners in pretrial confinement are informed of the charges causing

their confinement. Within 48 hours of their confinement (via their chain of

command), a US magistrate reviews the circumstances of the confinement and

determines whether continued pretrial confinement is necessary.

7-12. Individuals are accepted for confinement only on receipt of a

court-martial order, a report of the trial results, or a confinement order. The

convening authority ordering the execution of the sentence must issue the

court-martial order. If a commissioned or warrant officer is placed in pretrial

confinement, the confinement order originates with his commander. The

confinement order is read to the soldier by a commissioned officer. An enlisted

soldier may be pretrial confined by order of his commanding officer or any

commissioned officer who has personal knowledge of the offense or has made

inquiry into it.

7-13. Specific procedures for pretrial confinement are contained in local SOPs

and local supplements to AR 27-10. A new confinement order is not needed to

reconfine a soldier who is convicted at trial by court-martial following pretrial

Army Corrections System 7-3

FM 3-19.40

confinement. A commander or the trial counsel, if such authority is delegated

to him, can order the soldier into posttrial confinement with a report of the

trial results.

PRISONER STATUS

7-14. A prisoner or a pretrial detainee is informed of his status upon arrival

at a confinement facility. His status is necessary in response to judicial

proceedings and other actions. The following statuses pertain to US military

prisoners:

• Casual. A casual prisoner is confined awaiting—

■

Further instructions from another command or military service.

■

Transfer to another facility.

■

Return to his unit.

• Detained. A detained prisoner (pretrial detainee) is an enlisted

service member who is confined awaiting—

■

Charges to be filed.

■

The disposition of charges.

■

A trial by court-martial.

■

A trial by a foreign court.

• Adjudged. An adjudged prisoner has been sentenced in open court,

but the convening authority has not approved the sentence.

• Approved-adjudged. An approved-adjudged prisoner’s sentence has

been approved and adjudged, but it has not been ordered into

execution.

• Sentenced. A sentenced prisoner is serving a sentence that has been

ordered into execution.

• Officer. An officer prisoner or an officer pretrial detainee is a

commissioned or warrant officer on active duty who has been placed in

confinement, but his sentence has not been ordered into execution.

SEGREGATION

7-15.

Segregate prisoners as follows:

• Pretrial detainee. A pretrial detainee is not treated the same as a

posttrial prisoner whose status is adjudged, approved-adjudged, or

sentenced. He has not been proven guilty of an offense. His

confinement is not a punishment, but it ensures his presence for trial

and prevents further misconduct. If possible, segregate his living and

working areas from all other prisoners.

• Officer. An officer prisoner whose sentence has not been ordered into

execution is entitled to certain rights and privileges. These privileges

end when an officer’s sentence begins and his status changes from an

officer prisoner to a sentenced prisoner. House a posttrial officer

prisoner in the general prisoner population.

• Female. A female prisoner or a female pretrial detainee is confined in

a facility that is approved for housing women. If an on-post facility is

unavailable, coordinate confinement with local officials who have a

federally approved detention facility for women. A civilian facility may

7-4 Army Corrections System

FM 3-19.40

only be used for pretrial or short-term, posttrial confinement.

Segregate female prisoners from male prisoners except when they are

participating in supervised classes, vocational education, or group

counseling. Female correctional personnel supervise and control

female prisoners in administration or disciplinary segregation. If two

female guards are unavailable, use precautions when escorting a

female prisoner. For example, use two male guards or one male guard

and one female guard. Female prisoners are incarcerated in ACS

facilities when directed by HQDA (DAMO-ODL-C).

CUSTODY AND CONTROL

7-16. Custody and control are basic functions for every confinement or

correctional facility. Facility personnel achieve and maintain custody and

control by subjecting prisoners to a structured schedule of calls 24 hours a day.

CUSTODY MEASURES

7-17. Custody is restricting a prisoner’s freedom of movement by placing

physical barriers on or around him. It is maintained within a facility by the

presence of guards, walls, fences, protective lighting, alarms, and locking

devices. Outside a facility, custody is maintained by the presence of

supervisors and guards. Prisoners designated as trustees are afforded custody

and control by the conditions placed on their parole agreement.

CUSTODY GRADES

7-18. Each prisoner is assigned a custody grade (trustee, minimum, medium,

or maximum) that designates the degree of supervision required to control his

movements. The facility commander assigns custody grades to prisoners

based on signs of emotional disturbance and instability, history of escape, drug

addiction, violence, and access to sensitive material.

7-19. Custody grades are assigned based on the minimum level of control

necessary. A custody grade can be changed at any time, and reclassification is

based on continual observation and evaluation of the prisoner. Each prisoner

is promptly advised of his custody grade.

7-20. For example, each incoming RCF prisoner is assigned a maximum

custody grade for the first 72 hours of confinement. During that time, the

correctional staff observes and evaluates the prisoner’s behavior. At the end of

the evaluation period, the staff reviews the prisoner’s behavior and assigns

the appropriate custody grade.

ADMINISTRATIVE SEGREGATION

7-21. Sometimes, prisoners must be separated from the larger population for

more intense custodial supervision. Facility commanders may authorize the

segregation of prisoners individually or by groups. Administrative segregation

is imposed for the benefit of the segregated prisoner(s) or the prisoner

population. Prisoners may be placed in administrative segregation while

awaiting the results of an investigation or for protective measures, medical

reasons, or homosexual behavior.

Army Corrections System 7-5

FM 3-19.40

7-22. Segregated prisoners requiring increased supervision are placed in close

confinement and are escorted when they leave their cells. Privileges for

administratively segregated prisoners are the same as those of prisoners not

in close confinement. However, exceptions to this requirement are suicidal and

disciplinary segregated prisoners (see the facility SOP for details).

7-23. Prisoners placed in administrative segregation can be kept in close

confinement 24 hours a day or only at night. They must receive at least 60

minutes of exercise daily and can be employed if the work is consistent with

the purpose of the segregation. A qualified mental-health professional

interviews and prepares a written report on each inmate who is segregated

more than 30 days.

CONTROL MEASURES

7-24. Control is placing limitations on a prisoner’s actions and behaviors. It is

invoked by the correctional staff’s insistence on a state of order and military

discipline among the prisoners. Control is sustained by a consistent routine in

daily lives. For example, prisoners are routinely required to provide a daily

display of their clothing, equipment, and health and comfort supplies. Control

is reflected in the disciplined appearance, bearing, and conduct of the

prisoners and by their prompt obedience to rules, regulations, and orders.

DISCIPLINARY MEASURES

7-25. Disciplinary measures are imposed on prisoners to correct deviant

behavior and to protect other prisoners, the staff, and government property.

Abusive measures are not imposed in the ACS. Prisoners are medically

cleared before being placed in disciplinary segregation, which may not exceed

60 consecutive days. Prisoners undergoing disciplinary measures are not

employed, except to clean their own quarters. They must receive at least 30

minutes of exercise each day if their behavior is manageable. Hand and leg

irons or other restraining devices are used during movement outside the cell.

Guards inspect prisoners in close confinement according to the facility SOP.

7-26. The imposition of disciplinary measures often begins with an objective

disciplinary report. The report presents a detailed summary that addresses

the who, what, when, where, why, and how of an incident. The facility

commander has several options when he receives a disciplinary report. He

may reduce the report to a memorandum of record, refer the prisoner for

counseling, refer the case to a discipline and adjustment board, or recommend

action under the UCMJ.

PROHIBITED PUNITIVE MEASURES

7-27. The following punitive measures are prohibited:

• Clipping a prisoner’s hair excessively close.

• Ordering the lockstep.

• Requiring silence at meals.

• Requiring a prisoner to break rocks.

7-6 Army Corrections System

FM 3-19.40

• Using hand or leg irons, restraining straps or jackets, or shackles as

punishment. (The FCF SOP gives authority for the use of these

devices and specifies the circumstances warranting their use.)

• Removing a prisoner’s underclothing or clothing or using other

debasing practices.

• Flogging, branding, tattooing, or using any other cruel or unusual

punishment.

• Requiring domicile in a tent as punishment.

• Ordering strenuous physical activity or body positions designed to

place undue stress on a prisoner.

• Using hand or leg irons or belly chains that give the appearance of a

chain gang.

EMERGENCIES

7-28. Confinement facilities provide custody and control of prisoners during

emergencies (fires, escape attempts, and other disturbances). Develop a

formal emergency action plan and periodically review it to ensure that it is

complete and current. Properly training custodial personnel and reviewing

facilities and restraints can prevent or greatly reduce the possibility of

escapes. Escapes result in emergency actions being executed and guards and

prisoners taking immediate action according to the facility SOP.

7-29. Disturbances among prisoners may be a minor disorder, a major

disorder, or a full-scale riot. Disorders and riots may be spontaneous

disturbances or organized diversions for escape attempts. How a facility staff

handles a minor disorder determines whether it is brought under control or

escalates to major proportions. Disperse prisoners who are involved in a

disturbance so that they cannot organize as a cohesive group. Once dispersed,

prevent participants from rejoining the disturbance. Identify, isolate, and

remove ringleaders from the disturbance as soon as possible.

MOVEMENT

7-30. Prisoners have the best opportunity for escape while being moved from

one place to another (outside the facility). Established and stringent custody

and control measures reduce the likelihood of escapes. Procedures and

techniques for moving prisoners can be modified as needed by the facility

commander or the commander directing the movement.

7-31. When a prisoner is in pretrial confinement, his unit is responsible for

escorting him to the confinement facility unless custody and control become

integrity issues. The unit coordinates with the RCF for a briefing on custody

and control procedures, future escort requirements, and the use of force.

7-32. Frisk each prisoner before he leaves the facility. Complete a DD Form

2708

(hard copy or electronic) for each prisoner escorted out of the facility.

Move prisoners by motor vehicle, rail, air, or foot (if the distance is short

enough to justify it and when other means of transportation are unavailable)

(see STP 19-95C14-SM-TG).

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FM 3-19.40

CORRECTIONAL-TREATMENT PROGRAMS

7-33. Correctional-treatment programs are based on and tailored to the

custody, employment, education, and treatment needs of prisoners. Each

prisoner and his treatment is professionally monitored. The goal of

correctional-treatment programs is to return prisoners to civilian life as

productive citizens or to the Army as productive soldiers.

7-34. Correctional-treatment programs provide a professional evaluation and

study of each prisoner and his backg1round. They provide for prisoners’ health

and welfare, include constructive work that teaches work skills, and

administer individual and group counseling and therapy.

7-35. Each program specifies the custody grade and disciplinary requirements

needed to achieve goals. The goals can be achieved by receiving no disciplinary

reports, being involved in an established correctional-treatment plan, or

obtaining other program objectives.

EVALUATION

7-36. The facility commander, in conjunction with an evaluation board,

determines a prisoner’s custody grade and treatment program by a two-phase

system. The first phase is to identify the needs that require immediate

intervention, and the second phase is an ongoing evaluation of the prisoner

while he is in confinement.

7-37. The board uses the following tools to begin its initial evaluation:

• The guard’s observation report.

• The mental health’s evaluation.

• The chaplain’s evaluation.

• The medical officer’s evaluation.

• The prisoner’s personnel file.

7-38. The prisoner’s custody grade and treatment program may change as

additional information becomes available during his incarceration. The

following aspects are considered and closely monitored during his entire

confinement period:

• Employment.

• Education.

• Medical condition.

• Religious participation.

• Family and financial problems.

COUNSELING

7-39. Counseling is a process in which behavioral problems are observed and

guidance is provided to induce productive, useful behavior. Counseling

programs are based on the type, size, and mission of a confinement facility, its

staffing abilities, and AR 190-47. At a minimum, counseling is available for

problem solving and crisis intervention. The ACS regional facilities and the

USDB provide the following:

• Chemical abuse treatment.

7-8 Army Corrections System

FM 3-19.40

• Anger management.

• Stress management.

• Adjunct therapy (such as Alcoholics Anonymous [AA] and Narcotics

Anonymous [NA]).

• The impact of crimes on victims.

• Other programs consistent with staffing, professional support, and

prisoner needs.

7-40. The RCF primarily relies on counseling/treatment programs available

to all soldiers. Installations unable to provide basic regional counseling

services request a waiver from HQDA (DAMO-ODL).

7-41. The counseling program in a correctional facility has two goals:

• Help prisoners set realistic goals and adjust to the confinement

environment.

• Help prisoners gain problem-solving techniques and develop

acceptable behavior.

7-42. The facility commander can choose counselors from assigned cadre.

When possible, he selects experienced, mature NCOs who do not have a

corrections backg1round. He ensures that counselors are oriented to the

missions, objectives, and operational procedures of the facility before they

begin their counseling duties. Counselors must understand and be able to

apply certain principles and concepts of human behavior and social values.

They—

• Believe in the dignity and worth of an individual.

• Recognize that individuals are different.

• Understand that all behavior has meaning.

• Understand that individuals are the result of their environment and

life experiences.

• Understand that attitude and behavior are related.

• Understand that there are always reasons or causes for changes in

behavior.

• Believe that people have the capacity to change.

• Believe that people have a right to participate in decisions affecting

their welfare.

• Understand that judging individuals in terms of right and wrong is

not within their purview.

• Are objective and unbiased.

• Are alert for situations that exceed their capabilities and

responsibilities, and if necessary, refer the prisoner for specialized

counseling or problem solving.

7-43.

Staff members identify and report prisoners who are—

• Escape-minded.

• Dangerous.

• Alcoholic.

• Drug-addicted.

• Sexually deviant.

Army Corrections System 7-9

FM 3-19.40

• Suicidal.

• Emotionally disturbed

(refer prisoners to mental health for

evaluation).

7-44. Continuity is essential to a successful counseling program. Ideally, a

counselor is assigned to a prisoner and continues to work with him throughout

his confinement. The counselor makes contact with the prisoner within 48

hours of his inprocessing. The counselor completes necessary records (journal

and worksheet) and initiates a follow-up plan. He maintains a case file on

each prisoner that contains a record of counseling sessions, a personal-data

sheet, observation reports, or other correspondence. High prisoner morale and

the lack of disciplinary problems reflect a successful counseling program. The

final test is a prisoner’s satisfactory adjustment on his return to society. (See

FMs 8-51 and 22-100 for more information on counseling.)

EMPLOYMENT AND EDUCATION

7-45. Prisoners can be employed in tasks that benefit them and meet the

needs of the facility. Education activities take priority over work projects. The

USDB employment and education programs are key correctional tools for

preparing prisoners to return to civilian life. The programs provide prisoners

with marketable skills and self-confidence, and they teach the value of

self-discipline. Job training opportunities range from unskilled, manual labor

to highly skilled trades.

7-46. Close coordination between the facility commander and the garrison

commander or his equivalent is maintained to establish worthwhile work

projects for prisoners. The facility commander approves work projects and the

assignment of prisoners to work projects. The employment section determines

the best type of employment for each prisoner. The needs of the facility are

considered along with the prisoner’s—

• Education.

• Aptitude and achievement scores.

• MOS.

• Attitude and interests.

RECREATION

7-47. Nonduty activities fill gaps between work and education activities and

take up idle time that might otherwise be used for undesirable activities.

Encourage prisoners to develop nonduty time interests, and when possible, set

up a program to guide and direct nonduty activities. A prisoner’s involvement

in nonduty activities indicates that he is adjusting to confinement. Note and

report soldiers who are not participating in nonduty activities.

7-48. Ensure that prisoners have access to a library and recreation facilities.

Based on the commander’s approval, prisoner recreation programs may

include sporting events, hobbies, motion pictures, videotapes, and religious

activities. Encourage prisoners to further their academic education by taking

part in the facility’s education program or through self-study courses offered

by the Army Correspondence Course Program (ACCP).

7-10 Army Corrections System

FM 3-19.40

COMPENSATION, CLEMENCY, AND PAROLE

7-49. Prisoners who respond well to correctional treatment can be rewarded

in several ways. The severity of their sentences may be lessened, their

sentences may be reduced, or they may be granted greater freedom and more

privileges. These rewards help maintain morale, discipline, and welfare.

COMPENSATION

7-50. An inmate who is serving a sentence to confinement (other than a life

sentence) can earn time off the sentence term by taking part in selected

activities for which extra good-conduct time (EGCT) is authorized. The EGCT

is an additional incentive to prisoners who demonstrate excellence in work,

education, or vocation. It is awarded at the rate shown in Table 7-1. Only

those prisoners who demonstrate ability, initiative, and productivity and meet

the eligibility criteria for their assigned duties are recommended for EGCT.

Table 7-1. Rates for EGCT

Level

Description

EGCT

Prisoners continuously employed 1 to 5 months

1 day per month

Prisoners continuously employed 6 to 10 months

2 days per month

Prisoners continuously employed 11 to 15 months

3 days per month

Prisoners continuously employed 16 to 20 months

4 days per month

Prisoners continuously employed 21 to 25 months

5 days per month

Prisoners serving as assistant instructors or supervisor

6 days per month

assistants (following attainment of Level 5)¹

Trustees who have maintained Level 6 for 6 months²

7 days per month

¹A prisoner (including a trustee) who loses his position as an assistant instructor or a

supervisor assistant is reduced to Level 5 or the earning level held prior to elevation,

whichever is less.

²The Level 7 increase is removed if a prisoner is removed from trustee status. He is

reduced to Level 6 or the earning level held prior to elevation, whichever is less.

7-51. Additional EGCT can be authorized for participation in community

service programs and special projects that support institutional goals or

missions. It is awarded in a lump sum and does not exceed 3 days for any

event or 5 days in any month.

CLEMENCY

7-52. Clemency modifies the severity of a court-martial sentence and can be

achieved through mitigation, suspension, or remission as follows. The facility

commander makes recommendations concerning each prisoner’s sentence if he

has responded in a positive manner to correctional programs.

• Mitigation. Mitigation lessens the severity of a sentence.

• Suspension. Suspension is the granting of a probationary period that

results in remission if it is completed successfully.

• Remission. Remission cancels the unexecuted part of a sentence to

which the remission applies.

Army Corrections System 7-11

FM 3-19.40

PAROLE

7-53. A parole is based on conduct during confinement or on special

circumstances. There are three types of paroles that a prisoner may be

awarded—a parole, a temporary home parole (THP), and an emergency home

parole (EHP):

• Parole. A parole serves as a transition between the strict supervision

of confinement and the conditions most likely to ensure a prisoner’s

earliest assumption of responsibilities as a productive, law-abiding

citizen.

• THP. A THP is a temporary release from confinement granted to

strengthen family relationships, and it provides incentive and

reinforcement to positive behavior and morale.

• EHP. An EHP is a temporary release from confinement due to an

emergency, such as the death or critical illness of an immediate family

member or a disaster.

7-54. The facility commander notifies victims and witnesses who are

identified in the prisoner’s correctional-treatment file (CTF) that a prisoner is

being released from confinement (see AR 190-47, DOD Directive 1030.1, and

DOD Instruction 1030.2). Notify victims and witnesses by the most direct

means practicable before releasing a prisoner on THP or EHP. This allows the

victim or witness the opportunity to respond, favorably or negatively, to the

proposed release.

CLEMENCY AND PAROLE BOARD

7-55. The facility commander appoints a permanent board that consists of at

least three voting members (one officer and two enlisted). He may also assign

nonvoting members to the board. The board considers factors involved in a

prisoner’s request for clemency or parole and recommends acceptance or

rejection of the request to the Army Clemency and Parole Board.

CORRECTIONAL STAFF

7-56. The ACS correctional staff consists of dedicated professionals who serve

as positive role models for prisoners. Staff members include corrections NCOs

and specialists (MP who have entered the corrections career program and

received resident training in MOS 95C at the US Army Military Police

School). Due to their close contact with prisoners, corrections NCOs and

specialists must be firm, fair, and decisive. Their behavior and attitude form

an integral part of the correctional-treatment process. Support personnel are

experts in areas other than corrections, but their expertise plays an important

role in the facility.

CORRECTIONAL-SUPERVISION BRANCH

7-57. The chief, correctional-supervision branch (CSB) (senior corrections

NCO)—

• Assists in the custodial operations of the facility.

• Supervises correctional and custodial personnel within the facility.

7-12 Army Corrections System

FM 3-19.40

• Informs the facility commander of matters that affect the custody,

control, and security of the facility.

• Ensures that rules, regulations, and SOPs are followed and enforced.

Guard Commander

7-58. The guard commander—

• Supervises custodial personnel.

• Is responsible for prisoner activities during his tour of duty.

• Monitors custody, control, and security measures.

• Ensures compliance with the schedule of calls.

• Initiates emergency control measures.

• Maintains the facility blotter.

• Deals with situations involving prisoner admission in the absence of

the chief, CSB, and the chief, prisoner services branch (PSB).

Prisoner Control Team

7-59. The prisoner control team NCOIC performs many of the same duties in

an I/R battalion module as in a garrison confinement facility. This specialized

environment requires the same corrections backg1round to respond to

behavioral incidents requiring calm, decisive action. During I/R operations,

the NCOIC is responsible for—

• Security.

• Accountability.

• Intelligence. Intelligence is information obtained through observation

and reports submitted by guards who are in daily contact with

prisoners. The best source of intelligence gathering for the CSB is the

guard force.

• The guard force. There are two types of orders for the guard force—

general and special. General orders apply to all guards, and special

orders apply to particular posts and duties.

• Escape prevention. The MWDs can be used to track an escapee, but

they cannot be used to apprehend him.

Cellblock Guards

7-60. Cellblock guards—

• Maintain custody, control, and discipline of prisoners under their

supervision.

• Supervise all activities according to the schedule of calls.

• Supervise the response to emergency action plans.

• Conduct periodic inspections, searches, head counts, roll calls, and bed

checks.

Close-Confinement Guards

7-61. Close-confinement guards—

Army Corrections System 7-13

FM 3-19.40

• Maintain custody and control of prisoners who are segregated from

the general population due to inprocessing or administrative or

disciplinary reasons.

• Accomplish activities within the schedule of calls, as applicable to the

close-confinement area.

• Conduct 30-minute checks (or 15-minute checks for special-status

prisoners) when a DD Form 509 is required.

• Ensure that all required signatures on DD Form 509 are obtained on a

daily basis.

Dining-Facility Guards

7-62. Dining-facility guards—

• Maintain custody and control of prisoners during mealtime.

• Ensure that the dining-facility traffic plan is followed.

• Prevent congestion at condiment and juice areas.

• Account for silverware before and after a meal.

• Search prisoners before they leave the dining facility.

Employment Detail Guards

7-63. Employment detail guards—

• Maintain custody, control, and supervision of prisoners while on

details.

• Ensure that work details are accomplished and safety precautions are

observed.

• Maintain strict accountability of equipment and tools.

• Assist with frisks and strip searches of prisoners returning from

details.

• Account for prisoners on details according to the schedule of calls.

• Track prisoners’ locations at all times while on details.

Escort and Absent-Without-Leave Apprehension Guards

7-64. Escort and absent-without-leave (AWOL) apprehension guards—

• Maintain custody and control of prisoners while moving them to and

from designated places.

• May be armed with a pistol if required and authorized by the facility

commander.

• Are qualified with a pistol and trained in the use of force and the ROE.

• Are trained in firearms safety procedures necessary to transport

prisoners by land, air, and sea.

Main Gate and Sally Port Guards

7-65. Main gate and sally port guards—

• Maintain custody and control of prisoners.

• Ensure that only authorized persons enter the facility.

• Inspect vehicles entering and exiting the facility.

7-14 Army Corrections System

FM 3-19.40

• Inspect packages.

• Conduct inventories of items entering and exiting the facility.

• Require noncustodial personnel to register on sign-in logs.

Visitor Room Guards

7-66.

Visitor room guards—

• Maintain custody and control of prisoners during visits by family

members and other authorized persons.

• Detect violations of rules and regulations, improper behavior, and

contraband.

• Position themselves in inconspicuous places and observe

conversations rather than listening to them.

• Identify and report infractions, which may be grounds for terminating

visits.

Hospital Guards

7-67.

Hospital guards—

• Maintain custody and control of prisoners while escorting them to and

from medical appointments and during hospitalization.

• Ensure that rooms are clear of contraband.

• Prevent unauthorized communications.

Tower Guards

7-68.

Tower guards—

• Maintain custody and control by observing specific sectors of the

perimeter.

• Are briefed on the use of force and are familiar with a 12-gauge

shotgun.

• Ensure that contraband is not passed through the fence.

• Provide protection for compound guards.

TRAINING

7-69.

Personnel assigned to a confinement facility are oriented and trained in

the procedures of custody and control. The formal training program includes—

• Supervisory and interpersonal communications skills.

• Self-defense techniques.

• Use of force (priorities of force).

• Weapons qualification (see DA Pam 350-38).

• First aid.

• Emergency action plans.

• Facility regulations.

• Riot control techniques.

Army Corrections System 7-15

FM 3-19.40

SUPPORT PERSONNEL

7-70. Support personnel in a confinement facility include chaplains, medical

personnel, the SJA, and the IG. They perform the same functions as support

personnel in a garrison.

PRISONER SERVICES BRANCH

7-71. The chief, PSB—

• Supervises the administrative concerns of the facility.

• Maintains records and forms.

• Computes sentences.

• Manages property and funds.

• Processes prisoners for transfer or release.

• Monitors admissions, services, THPs, EHPs, and the victim/witness

program.

• Advises the facility commander of administrative concerns involving

prisoners.

7-72. Some administrative procedures at ACS facilities are unique to

confinement and corrections operations. Key procedures include inprocessing

prisoners, maintaining records and forms, computing sentences, managing

property and fund accounts, and transferring and releasing prisoners. In

addition to ensuring the day-to-day functioning of facilities, these procedures

have a direct impact on prisoner discipline and morale. A prisoner’s first

contact with the facility staff is during admissions processing, when he is

briefed on the facility rules and his legal rights.

ADMISSION PROCEDURES

7-73. Prisoners begin their confinement by inprocessing. Segregate newly

confined prisoners from the main prisoner population until they are processed

according to the following guidelines:

• Check the DD Form 2707 for accuracy.

• Search and segregate authorized and unauthorized property.

• Strip-search each prisoner.

• Issue appropriate health and comfort supplies to each prisoner, and

complete DD Form 504.

• Photograph and fingerprint each prisoner.

• Complete individual prisoner forms.

• Inform prisoners of their visitation rights.

• Arrange for a medical officer to examine each prisoner within 24 hours

of confinement, and complete DD Form 503.

CORRECTIONAL-REPORTING SYSTEM

7-74. The Correctional-Reporting System (CRS) is the primary means of

information management within the ACS. (See AR 190-47 for more

information.)

7-16 Army Corrections System

FM 3-19.40

REQUIRED REGULATIONS AND FORMS

7-75. Each facility must have a complete, current set of regulations covering

correctional administration. The facility commander ensures that the facility

is part of the publications distribution system. The following regulations and

publications must be available:

• AR 15-130.

• AR 190-14.

• AR 190-47.

• AR 210-174.

• AR 633-30.

• Misc Pub 27-7.

• UCMJ.

7-76. Confinement facilities use a variety of forms to maintain records and

reports. The following forms must be available:

•

DA Form 1124.

•

DA Form 1125-R.

•

DA Form 1128.

•

DA Form 1129-R.

•

DA Form 1130-R.

•

DA Form 1131-R.

•

DA Form 1132-R.

•

DA Form 1134-R.

•

DA Form 1135-R.

•

DA Form 3078.

•

DA Form 3955.

•

DA Form 3997.

•

DD Form 2 (ACT).

•

DD Form 499.

•

DD Form 503.

•

DD Form 504.

•

DD Form 506.

•

DD Form 509.

•

DD Form 515.

•

DD Form 2707.

•

DD Form 2710.

•

DD Form 2718.

•

Federal Bureau of Investigation (FBI) Form FD-249.

CORRECTIONAL-TREATMENT FILE

7-77. Establish a CTF within the first 72 hours of confinement, and maintain

it throughout the confinement period. (See AR 190-47 for more information.)

Army Corrections System 7-17

FM 3-19.40

SENTENCE COMPUTATION

7-78. Compute sentences according to AR 633-30 and DOD Directive 1325.4.

The facility commander ensures that selected corrections NCOs working in

the PSB are properly trained to compute sentences. Incorrect computations

result in incorrect release dates and can violate a prisoner’s legal rights. The

rate of earnings for good-conduct time is calculated based on the prisoner’s

length of confinement, including pretrial time (see Table 7-2).

Table 7-2. Rates for Good-Conduct Time

Length of Sentence

Good-Conduct Time

Less than 1 year

5 days for each month of the sentence

1 year to less than 3 years

6 days for each month of the sentence

3 years to less than 5 years

7 days for each month of the sentence

5 years to less than 10 years

8 days for each month of the sentence

10 years or more, excluding life

10 days for each month of the sentence

NOTE: If the term of confinement is reduced or if an additional sentence increases

the term of confinement, recompute the good-conduct time at the abatement

appropriate to the new term of confinement.

PERSONAL PROPERTY AND FUNDS

7-79. Prisoners are permitted to place personal property in safekeeping if it is

not authorized for retention by the facility commander. Without an exception,

the number of items stored cannot exceed the capacity of a 12- by 16-inch

envelope. Account for personal property and funds according to AR 210-174,

and place the funds in the prisoners’ deposit fund. The facility commander

appoints (in writing) a commissioned officer, a warrant officer, or a DA civilian

as the custodian of the prisoners’ property and funds. The appointee must be

bonded as outlined in AR 600-13.

7-80. The custodian safeguards prisoners’ property and funds in trust. With

few exceptions, any action involving property or funds requires the prisoner’s

authority and consent. The exceptions to this rule are as follows:

• The Internal Revenue Service (IRS) can levy a prisoner’s personal

deposit fund to satisfy delinquent federal income taxes.

• Property that has evidentiary value is subject to impounding. When

the property is taken from a prisoner, disposition is made only by

instructions received from a competent authority. (See AR 190-22 for

more information.)

• Property of an escapee is disposed of according to DOD 4160.21-M.

PROCEDURES

7-81. A system of internal controls is used to protect prisoners’ property and

funds, to ensure the accuracy of records, and to promote efficiency in

operations. The custodian and the correctional staff must ensure that

prisoners are denied access to property and funds (their own and other

prisoners’). Staff members inventory the prisoners’ property and list the items

7-18 Army Corrections System

FM 3-19.40

on DA Form 1132-R (five copies). (See ARs 190-47 and 210-174 for detailed

procedures.)

7-82. Dispose of an escapee’s or a deceased prisoner’s personal property

according to ARs 630-10 and 700-84. The facility commander or the

installation commander appoints a disinterested officer to audit the prisoner’s

personal property. When the audit is complete, the officer signs a DA Form

1132-R in lieu of and for the prisoner.

7-83. A prisoner’s sentence determines if and how much he is paid. Prisoners

are not allowed to have money in their possession. All money received while in

confinement is deposited in the prisoners’ deposit fund, which is a trust fund.

It contains the personal funds of all the prisoners in the facility. The fund’s

balance equals the total of the individual accounts on the ledger.

7-84. Take all money from each prisoner during processing. Deposit US

currency and US government paychecks in his deposit fund. Prepare a DA

Form 1124 (in triplicate) that lists all the money received for deposit, and

issue a receipt for personal checks surrendered by the prisoner.

7-85. Deposit all cash receipts in the name of the fund, and make daily

deposits when practical. Ensure that checks received by prisoners while in

confinement are endorsed immediately for deposit to the fund, and promptly

deposit the checks in the bank for collection.

7-86. When a prisoner is transferred from one confinement facility to another,

transfer his personal deposit fund to the receiving facility. When a prisoner is

released and his personal deposit fund is $50 or less, pay the entire amount to

him in cash. If the balance is more than $50, issue the balance of his personal

deposit fund in the form of a check.

PETTY-CASH FUND

7-87. The USDB commandant and the RCF commander are authorized to set

up a petty-cash fund, which provides prisoners with cash to make minor

purchases. The commandant or the commander determine each prisoner’s

contribution to the petty-cash fund, and the amount is drawn from each

prisoner’s personal deposit fund. The commandant or the commander sets the

limit, in writing, on the amount of money in the petty-cash fund.

7-88. Expenditures from the petty-cash fund may not exceed $50 for anyone

authorized expenditures except when the prisoner is released from

confinement. When a petty-cash disbursement is made to a prisoner, he

submits a DA Form 1128 to the cashier of the petty-cash fund.

MAIL AND CORRESPONDENCE

7-89. The correctional staff keeps a record of each prisoner’s mail,

correspondence, and authorized correspondents on DD Form 499. They

conduct inspections to control trafficking of contraband, money, and valuables.

Incoming and outgoing mail is normally inspected but not read. However, it

can be read, rejected, or censored if the facility commander has probable cause

to believe that it contains plans for criminal activities or escapes, codes or

plans for activities in violation of facility rules, requests for prohibited gifts or

Army Corrections System 7-19

FM 3-19.40

money, or obscenity. If a prisoner’s mail is being censored or rejected, notify

him of the decision and provide the author of the letter a reasonable

opportunity to appeal the decision. An official, other than the person who

originally disapproved the correspondence, decides appeals, and the appellate

official’s decision is final. (See AR 190-47 for more information.)

7-90. Different rules apply to inspecting and reading privileged mail.

Privileged mail can be opened and inspected to control contraband, money,

and valuables and to verify authenticity; but it cannot be read. If a letter

qualifies as privileged mail, it is usually delivered to the prisoner unopened. If

privileged mail is opened, it must be opened in the presence of the prisoner

and a commissioned officer, an NCO (E7 and above), or a civilian (GS7 and

above). Privileged mail consists of correspondence between prisoners and—

• The President or his representative.

• The Vice President or his representative.

• A member of Congress or his representative.

• The US Attorney General or his representative.

• The Judge Advocate General or his representative.

• The prisoner’s defense counsel or an attorney of record.

• A chaplain or a clergy when recommended by the installation

chaplain.

SUPPORT PERSONNEL

7-91. Support personnel aid the correctional process in numerous areas as

follows:

• Chaplain. The chaplain promotes the spiritual and moral welfare of

prisoners through worship services; special religious activities;

counseling; and emphasis on moral, ethical, spiritual, and social

values.

• Medical activity. The commander of the local medical activity

provides medical services for prisoners. Medical services include the

services of psychiatrists, psychologists, and social workers. They

provide professional evaluations of prisoners and help develop

correctional-treatment programs. The medical-activity commander

coordinates with the PM and the facility commander to ensure that

custody and control measures conform to medical requirements.

• IG. The IG may assist the facility commander by investigating

complaints, allegations, and charges. These actions frequently provide

a basis for corrective action and discourage unfounded allegations by

prisoners. The PM and the facility commander establish and maintain

close liaison with the IG.

• SJA. The SJA serves as the legal advisor to the commander and the

staff. The SJA plays a major role in correctional treatment and

administrative activities. He provides legal advice and assistance to

the PM and the facility commander, legal assistance to prisoners when

consistent with professional responsibility requirements, and official

information to prisoners about the status of cases and sentences as

prescribed by law and regulation. The SJA coordinates with the US

7-20 Army Corrections System

FM 3-19.40

Trial Defense Service, an independent legal organization, to ensure

that prisoners have independent legal advice relating to military

justice.

• AG. The AG processes recommendations for administrative

elimination of prisoners without a punitive discharge from the service.

He advises the facility commander and unit commanders on processes

and procedures.

• Technical service. Technical service provides support to education

and employment programs. Work programs permit on-the-job training

for prisoners in carpentry, mechanics, painting, and masonry. They

may also include skilled tasks required to maintain and operate the

installation.

TRANSFER AND DISPOSITION PROCEDURES

7-92. The transfer of a prisoner or a pretrial detainee refers to his relocation

from one confinement facility to another to continue a sentence. AR 190-47

provides detailed guidance on the administrative and operational processing

required for a prisoner transfer.

7-93. A prisoner or a pretrial detainee is released from confinement only with

the proper authorization. At the USDB and the RCF, the installation

commander can authorize the facility commander to authenticate DD Form

2718. A prisoner or a pretrial detainee is released for the following reasons:

• A causal prisoner is returned to his unit.

• The charge is dismissed.

• Parole or clemency is granted.

• Pretrial confinement is no longer deemed necessary.

• The sentence expires.

• The sentence is mitigated, suspended, or remitted.

7-94.

A confined prisoner—

• Can be kept in confinement and a new confinement order can be

issued if he completes a sentence and has additional charges pending.

• Is released from confinement if he is adjudged and completes a

sentence before determination is made to punitively discharge him.

However, he remains subject to military jurisdiction until the sentence

is approved and the discharge is executed.

• Is released from confinement when he completes a sentence that

includes a punitive discharge or a dismissal.

• Is released from confinement if his sentence is mitigated or remitted

by the convening authority or another competent authority.

• Cannot be released from confinement until a release order is executed

if a court-martial renders a decision of not guilty while he is confined.

• Cannot be released from confinement until a release order is executed

if the charges are withdrawn.

• Can be retained under military jurisdiction after release for treatment

of an illness or an injury that occurred or was aggravated during

military service or confinement.

Army Corrections System 7-21

FM 3-19.40

LOGISTICS

7-95. Confinement facilities provide supplies for prisoners during their

incarceration and for the correctional staff during their daily tour of duty. The

quality of treatment programs and the morale of prisoners and staff are

directly affected by the availability of supplies.

7-96. Unit commanders ensure that soldiers in pretrial status have the

necessary clothing when they enter confinement. Prisoners confined in outside

continental United States (OCONUS) confinement facilities wear a battle

dress uniform (BDU), and those confined in CONUS facilities wear a

distinctive prisoner uniform as prescribed in CTA 50-900. Prisoners are also

issued two blankets, two sheets, one pillow, and one pillowcase.

7-97. The supply branch issues general and janitorial items to prisoners and

staff as needed. Items include mops, buckets, brooms, cleansers, and office

supplies.

FOOD SERVICE SUPPLIES

7-98. Food service operations are important for maintaining morale and

discipline. Provide prisoners wholesome, sufficient food that is prepared from

the Army master menu. Supply them with a full complement of eating

utensils (fork, knife, and spoon). Prisoners in close confinement and those who

have lost privileges can be denied supplemental rations as described in the

Army master menu.

HEALTH AND COMFORT SUPPLIES

7-99. The facility commander ensures that basic supplies are available for

prisoners to maintain personal hygiene and comfort. Health and comfort

supplies are issued to new prisoners during inprocessing and regularly

thereafter. Prisoners request additional supplies on DD Form 504, and they

receive the supplies gratuitously if they are in a nonpay status. Basic supplies

include haircuts, postage stamps, safety razors, bath soap, toothbrushes,

toothpaste, and shoe polish.

7-100. A physical inventory is reconciled and balanced monthly (minimum)

with the previous inventory, supplies received, and supplies issued to

prisoners. The facility commander or a designated representative verifies the

inventory in writing.

SUPPLY SERVICES

7-101. Supply functions in a confinement facility are the same as those in

other military units. However, stronger security measures are necessary to

prevent certain supplies and equipment from falling into the hands of

prisoners.

7-102. Weapons, ammunition, and emergency equipment (protective masks

and hand and leg irons) must be stored in maximum-security, locked racks or

cabinets in a room that is located away from prisoner areas. Guards draw

weapons and ammunition as needed, and the staff keeps records of all

transactions. To reduce hazards, set up an area for loading and unloading

weapons outside the facility.

7-22 Army Corrections System

FM 3-19.40

MEDICAL AND DENTAL TREATMENT

7-103. The facility commander establishes a close liaison with commanders of

local medical and dental facilities to ensure their full support of the

confinement facility. He ensures that prisoners receive the same medical and

dental care as other soldiers.

7-104. Medical officers or other medically trained personnel conduct sick call,

perform emergency medical treatment, and dispense medication. Hold sick

call daily at a time that does not interfere with duties and training of

prisoners. Medical examinations and treatment usually require using

instruments and medications that can cause custody and control problems.

Secure medications and equipment when they are not in use, and inventory

them frequently.

7-105. Corrections NCOs dispense medication to prisoners in cellblocks,

supervise the ingestion or application of the medication, and maintain a

medication issue register. When possible, use qualified medical personnel to

dispense prescription medication.

Army Corrections System 7-23

Chapter 8

Battlefield Confinement of United States Military Prisoners

In a mature TO, MP may operate FDFs and FCFs to hold US military

prisoners and pretrial detainees in short-term pretrial or posttrial

confinement. Posttrial confinement includes temporary custody of

prisoners until they are evacuated to permanent facilities and custody of

prisoners with short-term sentences as determined by the combatant

commander. Leaders tasked with performing US military prisoner

operations must be familiar with the doctrine in this chapter and Chapter

7, the policies outlined in AR 190-47, the ACS, and the tasks described in

STP 19-95C14-SM-TG.

PLANNING

8-1. There are two types of battlefield facilities—FDF and FCF. When the

combatant commander makes the decision to retain prisoners in the TO, FDFs

are set up in the CZ and an FCF is set up in the COMMZ. Prisoners are

evacuated from one facility to another according to established guidelines and

available facilities (see Figure 8-1, page 8-2).

8-2. The MP plan US military prisoner operations to meet the needs of the

combatant commander. The commander may decide to establish facilities

throughout the TO if he encounters any of the following:

• The projected or actual amount of prisoners exceeds the unit’s

handling capability and may interfere with military operations.

• The distance between the TO and the CONUS/OCONUS facility is too

great and makes evacuation impractical.

• Transportation assets are unavailable for expeditious evacuation to

other facilities.

• The length of military operations and the maturity of the TO enable

facilities to be established.

• The facilities are necessary to meet other operational needs.

8-3. The PM is a key player and assumes an important role by keeping the

combatant commander informed throughout the planning process. The PM

coordinates with the SJA, civil affairs (CA), the HN, the appropriate echelon

coordinating staff, and the major subordinate commands before

recommending that US military prisoner facilities be established. During the

planning process, the PM must determine—

• The date a facility is required.

• The location of an FCF in the COMMZ.

• The resources and logistical support needed to construct and operate a

facility.

Battlefield Confinement of United States Military Prisoners 8-1

FM 3-19.40

• The availability of MP forces (CS MP forces in the TO or an I/R MP

unit deployed from CONUS).

• The type of prisoners to be interned

(pretrial, posttrial, and

multiservice).

• The evacuation requirements and other prisoner-specific

considerations.

• The requirements of division and corps FDFs and other requirements

that may impact on the operation.

FIELD DETENTION FACILITY

8-4. In the CZ, division and corps PMs are responsible for the location, setup,

and operation of FDFs for as long as necessary. The MP use FDFs to detain

soldiers until they can be tried, sentenced to confinement, and evacuated from

the area. Soldiers awaiting trial remain in their units if possible. When the

UCMJ requirements of Rules for Courts-Martial (RCM) 305 are met, soldiers

are placed in pretrial confinement and retained by MP. Per RCM 305, no one

can be ordered into pretrial confinement except for probable cause. Probable

cause to order pretrial confinement exists when there is a reasonable belief

that—

• An offense triable by court-martial has been committed.

• The person confined committed it.

• Confinement is required by the circumstances. For example, less

severe forms of restraint are inadequate or it is foreseeable that the

prisoner will engage in serious criminal misconduct or will not appear

at trial, pretrial hearing, or investigation.

8-5. When operating an FDF, MP sign a receipt for each prisoner (DD Form

2708) and his property (DA Form 4137). Use existing structures for FDFs if

possible. If tents are used, they should be as large as a GP medium tent. Plans

for establishing an FDF should include the following list of equipment and

supplies:

• Barbed wire and concertina.

• Fence posts.

• Gates and doors.

• Floodlights and spotlights.

• A generator.

• Food service and cleaning equipment.

• Water cans or lister bags.

• First aid equipment and supplies.

• Clothing and bedding.

FIELD CONFINEMENT FACILITY

8-6. The MP establish an FCF in the COMMZ to detain soldiers placed in

short-term custody during pretrial or posttrial or while in transit to another

facility. An FCF can be a semipermanent or permanent facility, and it is more

complex and elaborate than an FDF. A CS MP unit or an I/R MP unit can be

tasked with operating an FCF. The respective unit commander uses the

Battlefield Confinement of United States Military Prisoners 8-3

FM 3-19.40

military decision-making process (MDMP) to determine tasks that are

necessary to accomplish the mission. Some considerations are—

• Location.

• Construction.

• Setup.

• Processing.

• Classification.

• Identification.

• Clothing.

• Subsistence.

• Dining facilities.

• Medical facilities.

• Sanitation.

• Discipline.

• Control.

• Administration.

• Emergency planning and investigations.

• ROI.

• Use of force.

• Escape.

• Transportation.

• Transfer and disposition of prisoners.

LOCATION

8-7. The PM coordinates with engineers, the SJA, the HN, and the

coordinating staff before selecting an FCF site. He ensures that the FCF is

located away from perimeter fences, public thoroughfares, gates,

headquarters, troop areas, foliage, and wooded areas. The location depends on

several factors, such as—

• The availability of logistical assets

(transportation and medical

facilities).

• The availability of terrain and preexisting structures.

• The enemy situation.

• The battlefield layout.

• LOC.

• METT-TC.

CONSTRUCTION

8-8. The construction of an FCF depends on the availability of existing

structures, the work force, and materiel. Use preexisting facilities to the

maximum extent possible. If they are unavailable, coordinate with engineers

to construct a facility that meets security and safety requirements. If a CS MP

unit is tasked to construct an FCF, request supplies and materiel through the

established supply channels. An I/R MP unit requires engineer support to

8-4 Battlefield Confinement of United States Military Prisoners

FM 3-19.40

construct guard towers, fences, and perimeter roads and to repair unimproved

roads.

SETUP

8-9. The FCF setup corresponds with established standards as outlined in AR

190-47. The physical layout includes facilities for administration, housing,

and training (if required) as well as recreation and work areas (if available).

The facilities and areas are secure against escape. Figure 8-2 shows a sample

FCF setup.

Back gate

Figure 8-2. Sample FCF Setup

PROCESSING

8-10. Processing begins when the control of a prisoner is transferred from a

non-MP unit to an MP unit or from an MP unit to another MP unit. Each time

control is transferred, the receiving organization signs a receipt for each

prisoner (DD Form 2708) and his property (DA Form 4137).

Battlefield Confinement of United States Military Prisoners 8-5

FM 3-19.40

8-11. Prisoners begin their confinement by inprocessing into the facility. If a

confinement detachment is available, it performs all tasks related to

inprocessing prisoners. Otherwise, the MP unit commander performs

inprocessing with organic assets. Part of the inprocessing procedure is to help

prisoners integrate into the confinement environment. Process each newly

confined prisoner according to the guidelines in Table 8-1.

Table 8-1. Processing a US Military Prisoner

Responsible

Station

Purpose

Actions

Individuals*

Escort prisoner and property.

Conduct same-gender strip search. Accomplish this before

he enters the processing area unless conditions prohibit it.

Supervise his movement to the next station.

Property

Inventory personal property.

inventory

List items on DA Form 1132-R.

Place items in a container or on a tray.

Mark items with his name and SSN.

Secure items in a storage area.

Confiscate his money, and record it on DA Form 1124.

Supervise his movement to the next station.

Administrative

Processing

Initiate a CTF.

processing

clerk and MP

Complete individual prisoner forms (see Chapter 7).

Supervise his movement to the next station.

Photography

Fingerprint and identify him, and record the information on a

and

fingerprint card.

fingerprinting

Photograph him with instant film. Use a photographic name

board (black backg1round with white characters). List his

SSN and name at the bottom center.

Attach the photograph to his CTF.

Supervise his movement to the next station.

Personal

Allow him to shower, shave, and get a haircut.

hygiene

Supervise his movement to the next station.

Medical

Examine him within 24 hours of arrival at the confinement

evaluation

personnel and

facility.

Complete DD Form 503.

Supervise his movement to the next station.

Records

Review processed records for completeness.

review

Escort him back to processing stations as needed.

Prepare and maintain an accountability roster.

Supervise his movement to the next station.

*The number of people used to perform tasks depends on the number of prisoners and the time available.

8-6 Battlefield Confinement of United States Military Prisoners

FM 3-19.40

Table 8-1. Processing a US Military Prisoner (continued)

Responsible

Station

Purpose

Actions

Individuals*

Briefing

Brief him on rules and regulations and visitation and

correspondence rights.

Supervise his movement to the next station.

Movement

Move him to a secure area.

*The number of people used to perform tasks depends on the number of prisoners and the time available.

8-12. Ensure that all newly assigned prisoners complete training, as soon as

possible, that explains the—

• Facility rules and regulations.

• Counseling procedures.

• UCMJ.

• Disciplinary authority and procedures.

• Work assignments.

• Complaint and grievance procedures per AR 20-1.

8-13. Orient pretrial prisoners and officers on their status, rights, and

privileges, including the following:

• They are required to participate in correctional orientation and

treatment programs that ensure their control, custody, employment,

training, health, and welfare as determined by the facility commander.

• Officer and NCO prisoners will not exercise command or supervisory

authority over others. They will comply with facility rules and

regulations to the same extent as other prisoners. They are not

permitted special privileges normally associated with their rank.

CLASSIFICATION

8-14. Prisoners are classified into two categories—pretrial and posttrial.

Separate pretrial prisoners (males and females) from posttrial prisoners.

Posttrial prisoners include those retained during short-term sentences and

in-transit prisoners who are being evacuated to another facility.

IDENTIFICATION

8-15. Take two front and two profile photographs of each prisoner. Use a name

board, if available, and place his last name, first name, and middle initial on

the first line and his social security number (SSN) on the second line. Add a

prisoner registration number on the third line if desired. (See AR 190-47 for

fingerprint card requirements.)

CLOTHING

8-16. Prisoners wear a BDU without rank insignia during incarceration.

Return personal clothing and other articles to prisoners per AR 700-84 as

determined by the facility commander. Issue clothing to prisoners, except

officers, according to AR 700-84 and CTA 50-900. Maintain a DA Form 3078

on prisoners with less than 6 months active-duty service and prisoners who

Battlefield Confinement of United States Military Prisoners 8-7

FM 3-19.40

receive clothing on an issue-in-kind basis. Provide organizational clothing

within the allowances prescribed in AR 710-2 and CTA 50-900. Launder and

dry-clean clothing for prisoners (except officers on pay status) without charge

per AR 210-130. Dispose of clothing and personal property according to AR

190-47.

SUBSISTENCE

8-17. Provide prisoners with wholesome, sufficient food that is prepared from

the Army master menu, and supply them with a full complement of eating

utensils. The facility commander can deny eating utensils for security or other

reasons. Prisoners in close confinement and those who lost privileges

associated with approved disciplinary action can be denied supplemental

rations as described on the Army master menu. The facility commander can

authorize alternate meal control procedures to prevent injury when a prisoner

abuses food. The procedures require documentation in the facility blotter and

concurrence of a medical officer, and they will not exceed 7 days.

DINING FACILITIES

8-18. Dining facilities can be organic to the unit operating the FCF, or they

can be set up through the appropriate contracting procedure. The facility

commander decides the best feeding method to sustain prisoners based on the

available dining facilities and the logistical and HN support.

MEDICAL TREATMENT

8-19. Medical personnel in support of the FCF provide medical, dental, and

mental-health care or referral; limited counseling; and social services. Except

in matters requiring protection of medical information, the facility

commander provides medical observations and recommendations concerning

correctional-treatment requirements. Medical officers, nurse clinicians, or

PAs—

• Conduct a daily examination of each prisoner in close confinement.

• Perform a medical examination to determine the fitness of a newly

confined prisoner or a prisoner who has been outside military control

for more than 24 hours. Complete the examination within 24 hours of

a prisoner’s arrival or return to confinement.

• Test each prisoner for HIV and TB within 3 duty days after initial

incarceration. Record test results on DD Form 503.

SANITATION

8-20. An Army Medical Department (AMEDD) representative, a PVNTMED

NCO or officer, an environmental-science officer, a sanitary engineer, or a

medical entomologist inspects the facility monthly. This inspection ensures

that the operation meets PVNTMED standards. The inspector provides a copy

of the inspection results to the facility commander. (See AR 190-47 for further

guidance.)

8-21. Ensure that all prisoners bathe and follow basic personal-hygiene

practices to prevent communicable diseases. Enforce high sanitation

standards in facilities where prisoners share latrines and showers.

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Military reference books and manuals (2009-2023, Volume 7) - page 22