AR 210–35

Civilian Inmate Labor Program

This rapid action revision dated 14 January 2005--

o Assigns responsibilities to Headquarters, Installation Management Agency

o Makes administrative and editorial changes (throughout).

This new regulation dated 9 December 1997

o Provides Army policy and guidance for establishing civilian inmate labor

programs and civilian prison camps on Army installations.

o Discusses sources of Federal and State civilian inmate labor.

r e v i s i o n . T h e p o r t i o n s a f f e c t e d b y t h i s

r a p i d a c t i o n r e v i s i o n a r e l i s t e d i n t h e

summary of change.

guidance for establishing and managing

civilian inmate labor programs on Army

installations. It provides guidance on establishing

prison camps on Army installat

i o n s . I t a d d r e s s e s r e c o r d k e e p i n g a n d

reporting incidents related to the Civilian

Inmate Labor Program and/or prison camp

administration.

t h e A c t i v e A r m y , t h e A r m y N a t i o n a l

Guard of the United States, and the U.S.

A r m y R e s e r v e u n l e s s o t h e r w i s e s t a t e d .

During mobilization, the Assistant Chief

of Staff for Installation Management may

modify chapters and policies contained in

this regulation.

The proponent of this regulation is the

Assistant Chief of Staff for Installation

Management. The proponent has the authority

to approve exceptions or waivers

to this regulation that are consistent with

controlling law and regulations. The proponent

may delegate this approval authority,

in writing, to a division chief within

the proponent agency or a direct reporting

unit or field operating agency of the proponent

agency in the grade of colonel or

the civilian equivalent. Activities may request

a waiver to this regulation by prov

i d i n g j u s t i f i c a t i o n t h a t i n c l u d e s a f u l l

analysis of the expected benefits and must

i n c l u d e f o r m a l r e v i e w b y t h e a c t i v i t y ’ s

senior legal officer. All waiver requests

will be endorsed by the commander or

s e n i o r l e a d e r o f t h e r e q u e s t i n g a c t i v i t y

and forwarded through their higher headquarters

to the policy proponent. Refer to

AR 25–30 for specific guidance.

This regulation contains management control

provisions and identifies key management

controls that must be evaluated.

this regulation and establishment of command

and local forms are prohibited without

prior approval from Assistant Chief of

S t a f f f o r I n s t a l l a t i o n M a n a g e m e n t

(DAIM–ZA), 600 Army Pentagon, Washington,

DC 20310–0600.

invited to send comments and suggested

improvements on DA Form 2028 (Recomm

e n d e d C h a n g e s t o P u b l i c a t i o n s a n d

Blank Forms) directly to Assistant Chief

o f S t a f f f o r I n s t a l l a t i o n M a n a g e m e n t

(DAIM–MD), 600 Army Pentagon, Washington,

DC 20310–0600.

in electronic media only and is intended

for command levels A, B, C, D,

and E for the Active Army, Army National

Guard of the United States, and the

U.S. Army Reserve.

*This regulation supersedes AR 210–35, dated 9 December 1997.

AR 210–35 • 14 January 2005 i

ii AR 210–35 • 14 January 2005

This regulation provides Army policy and guidance for establishing civilian inmate labor programs and civilian prison

camps on Army installations. Sources of civilian inmate labor are limited to on– and off–post Federal corrections

facilities, State and/or local corrections facilities operating from on–post prison camps pursuant to leases under Section

2667, Title 10, United States Code (10 USC 2667), and off–post State corrections facilities participating in the

demonstration project authorized under Section 1065, Public Law (PL) 103–337. Otherwise, State and/or local inmate

labor from off–post corrections facilities is currently excluded from this program.

Required and related publications and prescribed and referenced forms are listed in appendix A.

Abbreviations and special terms used in this regulation are explained in the glossary.

(1) Provide policy guidance and resolve policy issues.

(2) Provide overall program direction.

(3) Serve as approval authority for establishing civilian inmate labor programs and civilian inmate prison camps on

Army installations.

(4) Provide procedural guidance on real property acquisition, management, and disposal relating to establishing

prison camps on Army installations.

(1) Provide reimbursement policy guidance on interservice, interagency, and/or interdepartmental support agreements

between installations and corrections facilities to establish civilian inmate prison camps on Army installations.

(2) Provide reimbursement policy for civilian inmate labor utilization, other than reimbursement for inmate labor

itself.

(3) Review all actions pertaining to the Civilian Inmate Labor Program for compliance with Army financial

management guidance.

(1) Monitor media coverage on installation civilian inmate labor programs and civilian inmate prison camps on

Army installations.

(2) Coordinate all proposed media coverage of potential national interest concerning the Army Civilian Inmate

Labor Program and civilian inmate prison camps with the Assistant Chief of Staff for Installation Management

(ACSIM) prior to release.

(1) Provide policy guidance on inmate labor utilization issues pertaining to existing in–house resources.

(2) Provide policy guidance and procedures for apprising installation government employee labor unions of proposals

to use civilian inmate labor and, for existing installation civilian inmate labor programs, apprising these unions of

changes in agreements with corrections facilities governing inmate use.

(1) Execute the Army Civilian Inmate Labor Program.

(2) Develop and implement policy and procedures for using civilian inmate labor and establishing civilian inmate

prison camps on Army installations.

(3) Serve as the focal point for staff coordination on issues pertaining to the Civilian Inmate Labor Program and/or

civilian inmate prison camps.

(4) Conduct a program review in accordance with AR 11–2 once every 5 years.

(5) Provide policy guidance on functions for which civilian inmate labor can be used.

(6) Review reports of availability pertaining to granting the use of Army real property.

(7) Immediately inform the Chief, Legislative Liaison of approval of civilian inmate labor programs and civilian

inmate prison camps on Army installations to facilitate notification to interested members of Congress.

Labor Program and civilian inmate prison camps for compliance with applicable laws and regulations.

granting the use of Army real property.

AR 210–35 • 14 January 2005 1

(1) Monitor reporting of serious incidents, that is, walkaways, escapes, riots, disturbances, and any criminal activity

by civilian inmates occurring on the installation under AR 190–40.

(2) Provide policy on law enforcement operations on Army installations.

Civilian Inmate Labor Program within their functional areas of responsibility.

(1) Ensure that their installations participating in civilian inmate labor programs comply with 18 USC 4125(a) and

other applicable laws governing civilian inmate labor, Executive Order (EO) 11755, and all provisions of this

regulation.

(2) Review and endorse installation memoranda of agreement (MOA) and Inmate Labor Plans to establish civilian

inmate labor programs and proposals to establish civilian inmate prison camps on Army installations, and forward such

MOA, plans and proposals to Headquarters, Department of the Army (HQDA) for approval.

(3) Review and endorse installation requests for changes to Army Civilian Inmate Labor Program policy.

(4) Annually review installation civilian inmate labor programs against the key management controls listed in

appendix D.

(1) Comply with 18 USC 4125(a) and other applicable laws governing civilian inmate labor, EO 11755, and all

provisions of this regulation.

(2) Submit the following through command channels to Headquarters, Installation Management Activity (SFIM–PL),

2511 Jefferson Davis Highway, Taylor Building, Arlington, VA 22202–3926:

policy.

(3) Annually review their civilian inmate labor programs to determine if their programs continue to generate cost

avoidance.

(4) Annually review their civilian inmate labor programs against the key management controls identified in appendix

D.

(5) Report all contacts with State or local corrections system on possible use of civilian inmate labor, facilities, land,

or installation through command channels to Headquarters, Installation Management Activity (SFIM–PL), 2511 Jefferson

Davis Highway, Taylor Building, Arlington, VA 22202–3926.

(1) Providing a source of labor at no direct labor cost to Army installations to accomplish tasks that would not be

possible otherwise due to the manning and funding constraints under which the Army operates.

(2) Providing meaningful work for inmates and, in some cases, additional space to alleviate overcrowding in nearby

corrections facilities.

(3) Making cost–effective use of buildings and land not otherwise being used.

civilian inmate labor only from Federal corrections facilities located either off or on the installation.

(1) Establishing a comprehensive lease agreement, interservice, interagency, and/or interdepartmental support agreement

(ISA), and/or memoranda of agreement with the corrections facility.

(2) Developing a cooperative working relationship between installation personnel and corrections facility personnel.

(3) Working closely with installation government employee labor unions to ensure union leaders understand the

program and have current information on program status.

(4) Training all installation personnel involved in the operation or administration of the program frequently.

(5) Developing a public affairs plan informing the installation and the surrounding local community of the program

and work projects assigned to civilian inmate labor.

Figure 1–1 diagrams the Army Civilian Inmate Labor Program process. The flowchart reads top down and left to right,

starting with the decision to establish both a prison camp and an inmate labor program (the diamond–shaped box in the

upper left corner of the diagram labeled “prison camp inmate labor?”). The diamond–shaped boxes are decision nodes;

the rectangular boxes are steps in the process to establish a civilian inmate labor program, establish a civilian inmate

2 AR 210–35 • 14 January 2005

prison camp on post, or do both. Follow the arrows through the flowchart. Chapters 2 and 3 address procedures for

establishing a civilian inmate labor program and/or on–post civilian inmate prison camp.

AR 210–35 • 14 January 2005 3

facilities under the control of the Federal Bureau of Prisons (FBOP). Section 4125(a), Title 18, United States Code

allows the Attorney General to make available to other Federal agencies the services of Federal inmates and defines the

types of services inmates can perform. The FBOP provides civilian inmate labor free of charge to the Army.

stipulates payment for civilian inmate labor. Installation civilian inmate labor program operating costs must not exceed

the cost avoidance generated from using inmate labor (see para 4–3 for a discussion of cost avoidance).

Federal corrections facilities only. Currently, there is no overarching law that addresses establishing State and/or local

civilian inmate labor programs on Department of Defense (DOD) military facilities when these programs use inmates

from off–post corrections facilities.

(1) Section 1065, PL 103–337, allows the Army to conduct a demonstration project. This demonstration project tests

the feasibility of providing prerelease employment training to nonviolent offenders in a State corrections facility. The

demonstration project is limited to 3 Army installations. The 3 Army installations participating in the demonstration

project may use inmates from an off–post State corrections facility.

(2) Army National Guard units leasing facilities from the Army or occupying State–owned land or facilities may use

inmates from an off–post State and/or local corrections facility.

(3) The prohibition against use of State and/or local civilian inmate labor from off–post corrections facilities does

not apply to Civil Works projects where the Army has statutory authority to accept voluntary contributions in the form

of services from State or local governments. If contributed, inmate services are combined with materials or services

paid for with Federally appropriated funds; the use of civilian inmate labor must also comply with the provisions of EO

11755. The use of civilian inmate labor under these exceptions must still comply with the requirements of this

regulation.

governing provisions (para 2–3 below).

Installation commanders may initiate discussions with FBOP representatives concerning use of civilian inmate labor on

Army installations, subject to the governing provisions listed in paragraph 2–3. Installation commanders are not

authorized to negotiate with representatives of State or local corrections systems or governmental agencies regarding

civilian inmate labor from off–post corrections facilities (see para 3–2).

The following provisions govern the Army Civilian Inmate Labor Program and must be reflected in agreements with

corrections facilities concerning the use of civilian inmate labor on Army installations:

labor programs, except for designated work, latrine, eating, and vending areas.

(1) Installation commanders will establish areas where inmates are prohibited from entering, and any other restrictions

that are deemed necessary. These areas will be outlined in the memoranda of agreement between the installation

and the corrections facility. The intent is to preclude fraternization between inmates and civilians, military personnel

and/or, family members and to ensure their safety at all times. Army policy on prohibited areas is to restrict inmates to

the on–post civilian inmate prison camp (where applicable), work areas, latrines, and vending machine areas.

(2) Inmates will not enter or work in or near family housing areas at any time.

(3) Inmates will not work in day care centers, youth services and/or school–age service centers, schools, recreation

centers, and/or libraries, or similar facilities, except when these facilities are closed to the public, or when the

likelihood of inmate contact with the general military community or family members is remote.

(4) Inmates will not work in areas where medical supplies (drugs, syringes, and so forth) are stored unless the

medical supplies are secured and the inmates are under constant view by Army personnel.

(5) Inmates will not work in areas where firearms and/or ammunition are sold or stored, nor in areas where

alcoholic beverages are sold, stored, or served.

4 AR 210–35 • 14 January 2005

Department of the Army except for nominal costs for equipment, materials, and supplies used in inmate labor details,

program administration, telephone calls to corrections facilities, lunch time meals, transporting inmates to and from

corrections facilities, and other similar costs addressed in paragraph 4–3, below. Inmates participating in the program

will not be recompensed from Department of Army appropriated or nonappropriated funds.

(1) Inmates are not Department of the Army employees and are not regarded as such. Inmates must not be referred

to as employees. They will not be paid from Department of the Army funds, nor receive any personal or private

gratuity for work accomplished or services rendered. Interservice, interagency, or interdepartmental support agreements

and/or memoranda of agreement with the corrections facility must not create any appearance of employment of

inmates.

(2) Installation commanders have authority to determine and absorb nominal costs associated with their civilian

inmate labor programs. Nominal costs are minor costs incidental to civilian inmate labor program operations. Nominal

costs may be costs for equipment, materials, and supplies used in inmate labor details, program administration,

telephone calls to corrections facilities, lunch time meals, transporting inmates to and from corrections facilities, and

other similar costs addressed in paragraph 4–3, below. Installations may absorb nominal costs associated with their

program on a nonreimbursable basis. However, installation commanders will not reimburse the corrections facility for

inmate labor, either as payment of funds or establishing credits in memoranda of agreement or ISAs as payment for

inmate labor.

(3) Inmates are not allowed to operate Army vehicles or equipment unless they possess the necessary valid

operator’s licenses, have been given proper training in vehicle operation and safety by Army personnel in accordance

with AR 600–55, and are authorized to operate the vehicle or equipment by both the installation and the corrections

facility.

(4) Operation of Army vehicles by inmates is permitted only when absolutely necessary for completion of work.

Inmates will not be permitted to operate vehicles unless in a secured area or under direct observation of installation or

corrections facility personnel. Training to operate Army unique vehicles and/or equipment should be provided by the

Army.

(5) No personal vehicles will be used to transport inmates to and/or from corrections facilities, or to and/or from

work sites.

(6) Enforcement of inventory, control, issuance, and return of hand tools and equipment provided for inmate labor

details must be controlled by installation plans and/or standing procedures.

4125(a). Such services are constructing or repairing roads; clearing, maintaining, or reforesting public land; building

levees; or constructing or repairing any other public way or works financed wholly or in major part by funds

a p p r o p r i a t e d b y C o n g r e s s . I n m a t e s m a y p e r f o r m c u s t o d i a l t a s k s , b u i l d i n g d e m o l i t i o n , d e b r i s r e m o v a l , m o w i n g ,

landscaping, painting, carpentry, trash pickup, transporting debris to and from recycling centers, and other similar

activities. No other services are allowed by law.

resources have been allocated and funds made available for performance by contract or Army civilian labor force, or

with work which can be accomplished within authorized personnel ceilings. The Civilian Inmate Labor Program was

created to provide installation commanders with an alternate labor source to perform valid requirements. Civilian

inmate labor does not compete with existing in–house or contractor resources.

Program. Minimum level security inmates do not need constant guard. Corrections facilities will be responsible for

ensuring that only minimum level security inmates participate in the inmate labor program and for selecting inmate

participants.

(1) Memoranda of agreement with the corrections facility will state that the installation commander will direct the

removal of any inmate deemed undesirable or detrimental in any way to the mission, soldiers, family members, or

civilian employees of the installation.

(2) Under no circumstances will the following types of inmates be permitted in the Civilian Inmate Labor Program:

coordination with the installation commander.

facility.

conspiracy, or has been involved with drugs within the last 3 years while in prison.

coordination with the installation commander.

AR 210–35 • 14 January 2005 5

or under treatment for a mental disease or disorder.

details.

(a) The Warden and/or Administrator of the local corrections facility is charged with the responsibility and

accountability for the control and custody of inmates on labor details at all times. Any use of Army military or civilian

personnel to guard, control, discipline, or otherwise exercise custodial supervision is prohibited.

(b) Army military or civilian personnel may oversee the work to be performed by inmates or inmate labor details.

Oversight is defined as telling inmates what they must do by specifying work to be accomplished. This oversight

includes training inmates in performing assigned work, using special equipment, and safety precautions. Oversight also

includes showing inmates the location of the work site and performing quality assurance inspections of inmate work to

determine if the work performed meets quality, quantity, and timeliness specifications. Oversight may also include

requiring inmates to sign time cards at intervals established by the Warden and/or Administrator of the local

corrections facility. If an inmate cannot be located to sign a time card or is otherwise found missing from an assigned

work area, Army personnel will immediately notify the local corrections facility point of contact staff supervisor and

the installation military police.

Army, incident to the execution of inmate labor details, will be promptly corrected by the corrections facility as

directed by the installation commander. However, the installation commander has the prerogative to decide first to

thoroughly investigate the incident prior to directing the corrections facility to correct the situation; if the installation

commander opts to first investigate the incident, both Army and corrections facility personnel will participate in the

investigation. If it is determined that the damage or interference resulting in a loss was caused by an inmate or

corrections personnel, both the installation commander and the corrections facility superintendent will be briefed on the

findings, and the installation commander may—

(1) Request the corrections facility to promptly correct the situation.

(2) Direct that the inmate and/or corrections personnel be removed from the installation.

(3) Direct that the program with the corrections facility be discontinued.

(4) Decide on any combination of these options. This does not include damages, breakage, or breakdowns occurring

to equipment or other property due to normal use, or poor and/or unsafe operational condition.

and/or interference will be redressed. An example of this clause is included at appendix B, paragraph 5e. The

aforementioned clause has been used successfully in memoranda of agreement with the FBOP. It is offered as

suggested terminology. There is no specific requirement that the corrections facility be held automatically responsible

for any loss or damage; this should be resolved on a case by case basis by the installation commander.

operation and/or mission of the installation as determined by the installation commander.

(28 CFR 301) apply to all work performed by FBOP inmates. However, installation commanders should check with

their legal advisor to determine potential liability for injuries, accidents, or deaths caused by FBOP inmates or

corrections facility personnel.

(1) Corrections facilities have their own safety program and will generally provide safety training to all civilian

inmates participating in the inmate labor program. Installations may provide safety equipment; for example, shoes,

goggles, hard hats, and so forth or negotiate this with the corrections facility. Installations providing this equipment

will ensure that the equipment is in safe and serviceable condition.

(2) Installation personnel will provide safety training to inmates and inmate labor details and corrections facility

personnel specific to the type of work being performed. Such safety training will also cover accident and/or hazardous

working conditions reporting. Installations should provide any required special protective equipment, materials, tools,

and supplies in safe and serviceable condition.

(3) Inmate training must include safety instruction as required by the Occupational Safety and Health Administration

(OSHA) in 29 CFR 1910 which establishes specific training requirements and places the responsibility for such safety

training on the employer (the corrections facility). Inmates will report for work details with this OSHA required

training already completed.

(4) Inmates will not be assigned work which is inherently dangerous, or of high risk; for example, hazardous

materials cleanup, firefighting, and so forth.

life threatening situation, the local military hospital will respond with emergency medical service, or the installation

will provide transportation to the nearest available hospital. The corrections facility will be promptly notified of such

6 AR 210–35 • 14 January 2005

medical emergencies and/or serious illnesses. The corrections facility will reimburse the Army for all emergency care

costs incurred on behalf of the civilian inmates and/or corrections facility personnel. The corrections facility will

provide routine medical care for civilian inmates.

defining areas off limits to inmates, installations should consult with and incorporate corrections facility security

requirements into their memoranda of agreement. For example, the FBOP does not allow inmates to have access to or

use installation phone lines, fax machines, computers and/or computer systems, nor to accept a gratuity of any kind at

any time. Also, inmates will not be used in areas where classified information, personnel records, medical records, or

other confidential or sensitive data is discussed or is in plain view. Inmates working in areas where such information is

locked or secured will be under constant view by Army personnel.

who will oversee inmate work. Training will cover inmate discipline, staff conduct, inmate accountability, and

corrections facility safety program. This training is mandatory. This training will be provided at no cost to the Army

and at least on an annual basis.

local community of the program and work projects assigned to civilian inmate labor. This will largely mitigate

potential negative repercussions from using and having inmates present on the installation. Press releases involving

inmates will be issued only by the corrections facility, in coordination with the installation public affairs office, as

corrections facility officials are responsible for protecting the privacy and other rights of inmates. Press releases

regarding the civilian inmate labor program should be coordinated with the corrections facility superintendent. One

copy of the press release will be routed through command channels to HQDA, Assistant Chief of Staff for Installation

Management, Plans and Operations Division (DAIMMD), and HQDA, Office of the Chief of Public Affairs, Public

Communications Division (SAPAPCD). Press releases do not require HQDA approval prior to release.

(1) Media representatives should not be allowed to interview inmates nor take photographs of inmates without the

corrections facility’s and installation public affairs office specific approval.

(2) Requests for interviews or photographs of inmates should be referred to the corrections facility superintendent

and the installation public affairs office.

Procedures for establishing installation civilian inmate labor programs apply to both off–post corrections facilities and

on–post civilian inmate prison camps.

superintendent will prepare a proposed memorandum of agreement, using the format at appendix B, covering all

aspects of the Civilian Inmate Labor Program under consideration. This agreement will include, but is not limited to,

the governing provisions in paragraph 2–3, above. In addition, the memoranda of agreement must include provisions

for reporting serious incidents and negative media coverage, addressed in paragraphs 4–1 and 4–2, and the projected

cost avoidance from using civilian inmates addressed in paragraph 4–3, below.

program on the installation. This plan will include, but is not limited to, procedures for assigning inmate labor details,

oversight and/or monitoring responsibilities, procedures for requesting inmate labor details, training of personnel

involved with the program, required security and/or safety measures, environmental considerations, and any installation

reporting requirements. Inmate Labor Plan format is determined locally.

and corrections facility superintendent to incorporate changes in Army Civilian Inmate Labor Program policy and other

factors affecting the terms and conditions of these documents.

legal sufficiency and to ensure that inmates will not be performing functions contrary to law. Other installation

functional proponents will review the memoranda of agreement and Inmate Labor Plan from a functional perspective.

use civilian inmates and comply with any bargaining obligation under 5 USC 7101 et. seq. (Federal Labor Management

Relations Statute).

Installation Management Activity (SFIM–PL), 2511 Jefferson Davis Highway, Taylor Building, Arlington, VA

22202–3926. Requests must include HQ, IMA endorsement and copies of the proposed memoranda of agreement and

Inmate Labor Plan. The HQ, IMA endorsement includes an SJA review of the memoranda of agreement and Inmate

Labor Plan for legal sufficiency. Other HQ, IMA functional proponents will review the memoranda of agreement and

Inmate Labor Plan from a functional perspective.

of agreement and/or Inmate Labor Plans requiring changes to Army Civilian Inmate Labor Program policy without

AR 210–35 • 14 January 2005 7

HQDA approval. Appendix B contains the format for installation memoranda of agreement; appendix C contains a

sample Inmate Labor Plan.

It is not Army policy to solicit offers from correctional systems to establish civilian inmate prison camps on Army

installations. Nevertheless, the Army recognizes that these correctional systems may approach installations to lease land

on which to build corrections facilities, or to lease unoccupied facilities. The Army will evaluate requests to establish

civilian inmate prison camps on Army installations on a case by case basis. These prison camps will house minimum

and low security inmates, as determined by the correctional systems. However, the Army’s primary purpose for

allowing establishment of prison camps on Army installations is to use the resident nonviolent civilian inmate labor

pool to work on the leased portions of the installation.

Installation commanders will not initiate formal discussions with correctional systems representatives to establish

civilian inmate prison camps on their installations. Installation commanders are not authorized to negotiate with these

representatives without first obtaining HQDA approval to proceed. Once approval is granted, installation commanders

may enter into negotiations, subject to the provisions of this chapter.

programs, as discussed in chapter 2 above. Establishing civilian inmate prison camps does not automatically institute a

civilian inmate labor program. Procedures for establishing civilian inmate labor programs, incident to establishing

civilian inmate prison camps, still apply.

of the FBOP. Accordingly, establishment of a State civilian inmate prison camp under a lease pursuant to 10 USC

2667 does not permit the creation of a civilian inmate labor program.

services unless specifically allowed by statute. The Army has determined that accepting inmate labor with no

associated cost for inmate labor is equivalent to accepting voluntary services from corrections facilities. This precludes

using State and local civilian inmates from off–post corrections facilities. However, inmate labor programs using State

and local civilian inmates from on–post prison camps is allowed. Section 2667, Title 10, United States Code governing

leases of DOD property allows acceptance of inmate labor as payment in kind for real property leased to correctional

systems for use as prison camps in an amount equivalent to the fair market value of the lease interest; however, such

labor is limited to maintenance, protection, repair, improvement, and restoration activities on the leased facilities.

The following criteria apply to establishing civilian inmate prison camps on Army installations:

inmate prison camp, all claims for property damage or personal injury arising therein are the responsibility of the

correctional system, not the Army.

on the installation, military mission, and installation population. At a minimum, the installation commander must

consider mission security, possible impacts on military families living on–post, and community concerns.

At a minimum, prison facilities should not be located in close proximity to family housing, dormitories, or community

support facilities.

could become a source of intelligence data.

planning concepts and environmental considerations at the individual installation.

current or programmed mission requirements and can be rehabilitated.

prison facilities.

delineated in a formal ISA in accordance with Department of Defense Instruction (DODI) 4000.19. There should be no

8 AR 210–35 • 14 January 2005

need for any reimbursement policy where State corrections facilities are concerned because the cost of doing business

with a State corrections facility should be factored into the lease agreement.

contract form is required for use in the sale of utilities and related services.

Civilian inmate prison camps on Army installations are subject to the following provisions:

will be permitted on prison camp premises. Storage, possession, control, and use of such weapons will be in

accordance with corrections facility policy and procedures.

medical personnel will be permitted on civilian inmate prison camp premises. Storage, possession, control, dispensing,

and use of such drugs will be in accordance with corrections facility policy and procedures.

walkaways, escapes, riots, serious incidents, job actions or strikes, and any other disruption; and a plan designed to

ensure that adequate medical, sanitation, recreational, and other humanitarian services are provided for the inmates

housed at the civilian inmate prison camp. These plans will be made available to the installation commander.

civilian inmate prison camp premises. Military police may not respond to or investigate incidents which occur within

the civilian inmate prison camp and involve inmates or correctional facilities personnel, unless the installation

commander determines that such action is reasonably necessary to protect personnel, equipment, or facilities under his

or her control. They may gather information to fulfill AR 190–40 reporting requirements. Military police may take

immediate action to save life or property or protect a Federal function. They may detain and restrain walkaways,

escapees, and persons who commit a felony or breach of peace in their presence. However, inmates detained by

military police will be turned over to civilian authorities as soon as possible. Military police will continue to perform

military law enforcement duties to maintain good order and discipline on the installation, such as patrolling and

criminal investigation of incidents occurring outside the prison camp, even if these activities indirectly enhance the

camp’s security.

control agents or deadly force to quell prison riots, disorders, or other incidents.

The following procedures apply to establishing a civilian inmate prison camp on Army installations. These procedures

are separate from those procedures discussed in chapter 2 above for establishing a civilian inmate labor program.

Installations desiring to both establish a civilian inmate prison camp and an inmate labor program must follow the

procedures outlined in chapters 2 and 3 of this regulation. Establishment of a civilian inmate prison camp does not

automatically establish a civilian inmate labor program. Separate documents must be executed for each action, as

outlined below. However, as noted in paragraph 2–1, above, civilian inmate labor programs are limited to use of

inmates under the control of the FBOP. Establishment of a State civilian inmate prison camp under a lease pursuant to

10 USC 2667 does not permit the creation of a civilian inmate labor program.

HQDA, Assistant Chief of Staff for Installation Management, Plans and Operations Division (DAIM–MD), 600 Army

Pentagon, Washington, DC 20310–0600. The proposal must be signed by the installation commander, be endorsed by

the chain of command at all levels, and address the following areas:

(1) Proposed civilian inmate prison campsite, intended use for existing buildings, planned renovations, or new

construction. Include a site drawing of the planned area.

(2) Proposed number of inmates to be housed and security level of inmates.

(3) Proposed number of inmates to be used in work details, if applicable.

(4) Economic analysis of the cost and/or benefits of establishing a civilian inmate prison camp. The analysis must

include all the costs of providing all utility needs, such as water supply, wastewater treatment, stormwater, solid waste

management, electricity, and central steam or hot water. The analysis must also describe the planned method of

reimbursing the Army for these costs and how a transfer of funds from the corrections facility to the Army will be

effected.

(5) Synopsis of the correctional system’s request to establish a civilian inmate prison camp.

(6) Compliance with the National Environmental Policy Act, the Stewart B. McKinney Homeless Assistance Act,

and any successor legislation.

AR 210–35 • 14 January 2005 9

(7) Local community reaction, including family member reaction to establishing a civilian inmate prison camp on

the installation.

(8) Summary of the benefits the Army will derive from establishing a civilian inmate prison camp. Address the

services the Army will provide the prison camp and the services the prison camp will provide the Army in return.

However, keep in mind that for State civilian inmate prison camps established pursuant to a lease under 10 USC 2667,

the services that the prison camp may provide to the Army are limited to maintenance, protection, restoration, repair,

and improvement of the leased facilities.

(9) Risk assessment regarding the facilities proposed for outgranting. Address the viability of establishing a civilian

inmate prison camp.

(10) Correctional system security plan for the civilian inmate prison camp.

(11) Proposed length of time of agreements (ISAs and lease and/or permit).

(12) Report of availability of real property and/or facilities proposed for outgranting.

preparing the appropriate outgrant document with the correctional system for the right to use Army real property and

facilities, and, for Federal civilian inmate prison camps, prepare a permit and an ISA delineating the services to be

rendered by the civilian inmate prison camp and the support required from the installation. One copy of the outgrant

document and the ISA, where applicable, will be forwarded through command channels to HQ, IMA (SFIM–PL).

installation will provide the prison camp, and the services the prison camp will provide the installation, if applicable,

under the memoranda of agreement establishing an installation civilian inmate labor program. The outgrant document

by itself does not establish a civilian inmate labor program. A separate memoranda of agreement with the corrections

facility is still required. All outgrants of Army real property will be prepared in accordance with AR 405–80.

prison camp will follow the procedures outlined in chapter 2 above.

The ISAs documents the services installations will provide the Federal civilian inmate prison camp and the services the

prison camp will provide the installation, in return. The ISAs will be prepared in accordance with DODI 4000.19 and

AR 37–49 and will cover the same period as the outgrant document. The ISAs are subject to annual review to examine

current costs and determine next year project assignments. Installation commanders have the authority to negotiate and

approve ISAs locally. Executing an ISA does not establish a civilian inmate labor program. A separate memoranda of

agreement with the corrections facility is still required in accordance with the procedures delineated in chapter 2 above.

from the on–post Federal civilian inmate prison are attachments to the ISAs.

conservation program and an environmental management plan. The prison camp will provide assurance that it is

resourced to carry out these provisions.

camp.

Serious incidents, that is, walkaways, escapes, riots, disturbances, and any criminal action involving inmates participating

in the civilian inmate labor program and/or occurring in onpost civilian inmate prison camps will be reported in

accordance with AR 190–40. One copy of incident reports will be provided to HQ, IMA (SFIM–PL), and HQDA,

Office of the Chief of Public Affairs, Public Communications Division (SAPA–PCD). Accidents involving inmates will

be investigated and reported in accordance with AR 385–40.

Any media coverage involving inmates participating in the Civilian Inmate Labor Program, or involving onpost civilian

inmate prison camps, will be reported through command channels to HQ, IMA (SFIMPL), and HQDA, Office of the

Chief of Public Affairs, Public Communications Division (SAPA–PCD). Report media source (newspaper, magazine,

radio, television), name of media source (and radio and/or television channel), date of coverage, synopsis of report, and

whether the report had local, regional, or national coverage. Provide copies of the article and/or script, if available.

10 AR 210–35 • 14 January 2005

Installations will maintain records of their civilian inmate labor programs. These records will be used in higher

headquarters efforts to assess program utility and assess the effectiveness of key management controls identified in

appendix D. The management and final disposition of all civilian inmate labor programs and civilian inmate prison

camp records will comply with AR 25–400–2. Recordkeeping will cover the following topics:

(1) Summary listing of all work projects employing civilian inmates, including project duration, number of civilian

inmates used on the project, number of corrections facility personnel supervising work details assigned to each project,

and number of Army military and civilian personnel engaged in oversight activities per project.

(2) Cost avoidance generated from civilian inmate labor. Cost avoidance is based on determining the dollar value of

inmate labor by equating inmate work performed to the dollar value and costs of similar work if performed by

authorized and funded positions, or by contract. Cost avoidance must be calculated using the following equation:

Cost avoidance=Dollar value of civilian labor (including fringe benefits, monitoring, and overhead) and/or contracts for

labor program.

(3) Synopsis of special incidents and/or military police (MP) reports involving civilian inmate labor. This includes

significant events and anticipated problems.

(4) Media inquiries and responses provided.

(5) Synopsis of any complaints and/or concerns from the surrounding off–post community and family members

regarding inmate labor, together with any action taken to resolve the complaint.

(6) Borrowed military manpower returned to duty resulting from inmate labor.

(1) Monthly average daily population for the facility.

(2) Any Right of Entry violations and corrective measures taken.

(3) Direct and reimbursable obligations for support provided to the civilian inmate prison camp, to allow for

analysis of spending trends.

(4) Synopsis of any complaints and/or concerns from the surrounding off–post community and family members

regarding the civilian inmate prison camp, together with any action taken to resolve the complaint.

(5) Synopsis of special incidents and/or MP reports involving the civilian inmate prison camp. This includes

significant events and anticipated problems.

(6) Media inquiries and responses provided.

AR 210–35 • 14 January 2005 11

Budgeting, Funding, and Reimbursement for Base Operations Support of Army Activities. (Cited in para 3–6.)

Accident Reporting and Records. (Cited in para 4–1.)

The Army Driver and Operator Standardization Program (Selection, Training, Testing and Licensing). (Cited in para

Demonstration Project for Use of Army Installations to Provide Prerelease Employment Training to Nonviolent

12 AR 210–35 • 14 January 2005

A related publication is a source of additional information. The user does not have to read it to understand this

publication. Army regulations and pamphlets are available on the Army Publishing Directorate’s Web site at http://

www.apd.army.mil.

Area Support Responsibilities

Commercial Activities Program

The Army Records Information Management System (ARIMS)

The U.S. Army Correctional System

Bureau of Prisons (Available at http://www.gpoaccess.gov/USCODE/INDEX.HTML.)

Commitment and Transfer (Available at http://www.gpoaccess.gov/USCODE/INDEX.HTML.)

Posse Comitatus Act (Available at http://www.gpoaccess.gov/USCODE/INDEX.HTML.)

Federal Tort Claims Act (Available at http://www.gpoaccess.gov/USCODE/INDEX.HTML.)

DOD Cooperation with Civilian Law Enforcement Officials (Available at http://www.dtic.whs/directives.)

Convict Labor (Available at http://www.arnet.gov.far/.)

This section contains no entries.

Management Control Evaluation Certification Statement (Available at http://www.apd.army.mil.)

This memorandum of agreement (MOA) format addresses agreements between Army organizations and Federal

corrections facilities under the control of the U.S. Federal Bureau of Prisons (FBOP) and is the template for developing

such agreements. This MOA format contains all required clauses for compliance with Army policy on using civilian

inmates. This MOA format may be modified to accommodate State/local civilian inmate use authorized under the

exceptions cited in paragraph 2–1d of this regulation. Users of this template should make the appropriate substitutions

indicated in bold print and bounded by parenthesis to tailor this template for their own use.

AR 210–35 • 14 January 2005 13

14 AR 210–35 • 14 January 2005

AR 210–35 • 14 January 2005 15

16 AR 210–35 • 14 January 2005

AR 210–35 • 14 January 2005 17

18 AR 210–35 • 14 January 2005

This sample Inmate Labor Plan may be used as a template to develop user Inmate Labor Plans. This sample Inmate

Labor Plan contains all required clauses for compliance with Army policy on using civilian inmates. Users of this

template should make the appropriate substitutions indicated in bold print and bounded by parenthesis to tailor this

template for their own use. User Inmate Labor Plans may be a regulation, letter of instruction, policy memorandum, or

other document of the user’s choice.

AR 210–35 • 14 January 2005 19

20 AR 210–35 • 14 January 2005

AR 210–35 • 14 January 2005 21

22 AR 210–35 • 14 January 2005

The function covered by this checklist is the administration of the Army’s Civilian Inmate Labor Program, which is

currently limited to using inmates from facilities under the control of the Federal Bureau of Prisons.

The purpose of this checklist is to assist HQDA, HQ, IMA, and installation program administrators in evaluating the

key management controls outlined below. It is not intended to cover all controls.

Answers must be based on the actual testing of key management controls (for example, document analysis, direct

observation, sampling, simulation, other). Answers that indicate deficiencies must be explained and corrective action

indicated in supporting documentation. These key management controls must be formally evaluated annually. Certification

that this evaluation has been conducted must be accomplished on DA Form 11–2–R (Management Control

Evaluation Certification Statement).

provider corrections facility and an Inmate Labor Plan governing operation of civilian inmate labor details on the

installation? Do these memorandum of agreements and Inmate Labor Plans reflect current Department of Army

guidance on civilian inmate labor use?

governing civilian inmate labor utilization on Army installations? Specifically

(1) Are Army civilian and/or military personnel engaged in custodial supervision (guarding) of inmate labor details?

(2) Are inmates working in and around government housing areas? Are inmates working in and around schools,

recreation areas and/or facilities, day care centers, recreation libraries, and similar facilities while these facilities are

open to the public?

(3) Are only minimum security, nonviolent inmates being used on inmate labor details? Do inmates meet Army

(4) Are inmates performing only those functions allowed under 18 USC 4125(a) or by HQDA?

(5) Are incidents involving Army installation civilian inmate labor programs being reported in accordance with AR

190–40 and reporting guidance in this regulation?

corrections facilities being given credits for inmate labor to offset base operations support services provided to the

corrections facilities?

correctional systems?

generated from using civilian inmates, that is, do installation civilian inmate labor programs continue to generate cost

avoidance?

This checklist is the first checklist developed for the Army Civilian Inmate Labor Program.

Help make this a better tool for evaluating management controls. Submit comments to: Assistant Chief of Staff for

I n s t a l l a t i o n M a n a g e m e n t , P l a n s a n d O p e r a t i o n s D i v i s i o n ( D A I M – M D , 6 0 0 A r m y P e n t a g o n , W a s h i n g t o n , D C

20310–0600).

The Attorney General may make available to the heads of the several departments the services of United States

prisoners under terms, conditions, and rates mutually agreed upon, for constructing or repairing roads, clearing,

AR 210–35 • 14 January 2005 23

maintaining and reforesting public lands, building levees, and constructing or repairing any other public ways or works

financed wholly or in major part by funds appropriated by Congress.

Executive Order 11755, Dec 29, 1973, as amended by Executive Order 12608, Sep 9, 1987 and

Executive Order 12943, Dec 13, 1994, Prison Labor.

The development of the occupational and educational skills of prison inmates is essential to their rehabilitation and to

their ability to make an effective return to free society. Meaningful employment serves to develop those skills. It is also

true, however, that care must be exercised to avoid either the exploitation of convict labor or any unfair competition

between convict labor and free labor in the production of goods and services.

Under sections 3621 and 3622 of title 18 of the United States Code, the Bureau of Prisons is empowered to authorize

Federal prisoners to work at paid employment in the community during their terms of imprisonment under conditions

that protect against both the exploitation of convict labor and unfair competition with free labor.

Several States and other jurisdictions have similar laws or regulations under which individuals confined for violations

of the laws of those places may be authorized to work at paid employment in the community.

Executive Order No. 325A, which was originally issued by President Theodore Roosevelt in 1905, prohibits the

employment, in the performance of Federal contracts, of any person who is serving a sentence of imprisonment at hard

labor imposed by a court of a State, territory, or municipality.

I have now determined that Executive Order No. 325A should be replaced with a new Executive Order which would

permit the employment of non-Federal prison inmates in the performance of Federal contracts under terms and

conditions that are comparable to those now applicable to inmates of Federal prisons.

NOW THEREFORE, pursuant to the authority vested in me as President of the United States, it is hereby ordered as

follows:

SECTION 1.

agency of the executive branch for performance in any State, the District of Columbia, the Commonwealth of Puerto

Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Trust

Territory of the Pacific Islands shall, unless otherwise provided by law, contain a stipulation forbidding in the

performance of such contracts, the employment of persons undergoing sentences of imprisonment which have been

imposed by any court of a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,

Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Trust Territory of the Pacific

Islands. This limitation, however, shall not prohibit the employment by a contractor in the performance of such

contracts of persons on parole or probation to work at paid employment during the term of their sentence or persons

who have been pardoned or who have served their terms. Nor shall it prohibit the employment by a contractor in the

performance of such contracts of persons confined for violation of the laws of any of the States, the District of

Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the

Northern Mariana Islands, or the Trust Territory of the Pacific Islands who are authorized to work at paid employment

in the community under the laws of such jurisdiction, if

((1)(a)) The worker is paid or is in an approved work training program on a voluntary basis;

((b)) Representatives of local union central bodies or similar labor union organizations have been consulted;

((c)) Such paid employment will not result in the displacement of employed workers, or be applied in skills, crafts,

or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services;

and

((d)) The rates of pay and other conditions of employment will not be less than those paid or provided for work of a

similar nature in the locality in which the work is being performed; and

conformity with the requirements of this order.

((b)) After notice and opportunity for hearing, the Attorney General shall revoke any such certification under section

1(a)(2) if he finds that the workrelease program of the jurisdiction involved is not being conducted in conformity with

the requirements of this order or with its intent or purposes.

((c)) The provisions of this order do not apply to purchases made under the micropurchase authority contained in

section 32 of the Office of Federal Procurement Policy Act, as amended.

necessary, any supplemental or comparable regulations issued by any agency of the executive branch shall be revised

to reflect the policy prescribed by this order.

24 AR 210–35 • 14 January 2005

Assistant Chief of Staff for Installation Management

Army Regulation

Assistant Secretary of the Army (Financial Management and Comptroller)

Assistant Secretary of the Army (Installations Environment)

Assistant Secretary of the Army (Manpower and Reserve Affairs)

Code of Federal Regulation

Department of the Army

Deputy Chief of Staff for Personnel

Department of Defense

Department of Defense Instruction

Executive Order

Federal Acquisition Regulation

Federal Bureau of Prisons

Headquarters, Department of the Army

Headquarters, Installation Management Agency

Interservice, Interagency, or Interdepartmental Support Agreement

Memorandum of Agreement

Military Police

Nonappropriated fund instrumentality

AR 210–35 • 14 January 2005 25

Occupational Safety and Health Administration

Public Law

Provost Marshal General

Staff Judge Advocate

United States Code

The Federal law governing leases of DOD property.

The Federal law governing services Federal civilian inmates can perform for DOD agencies.

The Federal law governing workplace safety and health standards.

The Federal law prohibiting Federal government employees or officers from accepting voluntary services except as

specifically allowed by law.

Executive Order governing use of non-Federal civilian inmates on Federal contracts.

Prisoners incarcerated in a Federal, State, or local government penal facility. Prisoners of a military confinement

facility are not civilian inmates.

Legislation, regulations, policies, and procedures governing the use of civilian inmates on Army installations.

Includes any payment, gift, benefit, reward, favor, or gratuity provided directly or indirectly for services rendered by

the person accepting such payment. Compensation will be deemed indirectly received if it is paid to an entity other

than the individual, in exchange for services performed by the individual.

Facility providing correctional treatment to civilian prisoners to motivate them for return to the civilian community.

Any activity undertaken to ensure charge and control, i.e. guarding inmates. This does not include oversight or quality

assurance.

Department of the Army civilian employees; active duty personnel; National Guard and Reserve personnel on active

duty for training or when performing Federal duties or engaging in any activity directly related to the performance of a

Federal duty or function.

26 AR 210–35 • 14 January 2005

Costs for inmate labor hours worked, i.e., labor costs charged by the corrections facility for working inmates on Army

property.

Civilian employees and active duty personnel of the Army, Navy, Air Force, and Marine Corps.

A relationship under which an individual furnishes services in return for any payment or other compensation paid

directly or indirectly to the individual for the services.

Any gift, favor, discount, entertainment, hospitality, loan, forbearance, or other item having monetary value. It includes

services as well as gifts of training, transportation, local travel, lodgings and meals, whether provided in-kind, by

purchase of a ticket, payment in advance, or reimbursement after the expense has been incurred.

The executive part of the Department of the Army at the seat of Government. Consists of the Office of the Secretary of

the Army and the Army Staff.

Installations, agencies, airfields, areas, armories, arsenals, bases, camps, centers, depots, districts, divisions, forts,

garrisons, laboratories, projects, etc. under the Active Army, the U.S. Army Reserve, the Army National Guard, and

Civil Works responsibilities of the U.S. Army Corps of Engineers.

Support provided by one Federal agency or subdivision thereof to another Federal, State or local agency or subdivision

thereof when at least one of the participating agencies or subdivisions is the Department of Defense or a DOD

Component.

Headquarters, Installation Management Agency (HQ, IMA). A subordinate command of Office of the Assistant Chief

of Staff for Installation Management (OACSIM). Responsible for all actions at Army installations worldwide through

their seven regions.

The documentation of mutually agreed statement of facts, intentions, procedures, parameters, and policies for future

actions and matters of coordination.

Civilian inmates who do not need constant guard and who have committed nonviolent crimes. Minimum security

inmates participating in the Civilian Inmate Labor Program are also usually within 1 year of parole, are medically

cleared for regular duty status with no medical or psychological restrictions, and have no prior employment or

relationship with the host agency (Army organization using civilian inmates).

Minor costs incidental to installation Civilian Inmate Labor Program operations. Nominal costs may be costs for

equipment, materials and supplies used in inmate labor details, telephone calls to corrections facilities, lunch time

meals, and transporting inmates to and from corrections facilities.

Activities associated with specifying work to be done; training inmates in performing assigned work, using special

equipment, and safety precautions; showing inmates location of the work site; and performing quality assurance

inspections of inmate work.

Costs incurred by the installation in administrating their Civilian Inmate Labor Program, such as preparing the

Memorandum of Agreement or Interservice, Interagency, or Interdepartmental Support Agreement, oversight, and

reporting.

AR 210–35 • 14 January 2005 27

Those actions taken by the Government to determine that the services received meet quality, quantity, and timeliness

specifications.

Any actual or alleged incident, accident, misconduct, or act, primarily criminal in nature that, because of its nature,

gravity, potential for adverse publicity, or potential consequences warrants timely notice to HQDA.

This section contains no entries.

28 AR 210–35 • 14 January 2005

This index is organized alphabetically by topic and by subtopic within a topic. Topics and subtopics are identified by

paragraph number.

AR 210–35 • 14 January 2005 29

USAPD

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