Army Regulation 210–35
Installations
Civilian Inmate
Labor Program
Headquarters
Department of the Army
Washington, DC
14 January 2005
UNCLASSIFIED
SUMMARY of CHANGE
AR 210–35

Civilian Inmate Labor Program

This rapid action revision dated 14 January 2005--

o Assigns responsibilities to Headquarters, Installation Management Agency
(para 1-4j).
o Makes administrative and editorial changes (throughout).
This new regulation dated 9 December 1997
o Provides Army policy and guidance for establishing civilian inmate labor
programs and civilian prison camps on Army installations.
o Discusses sources of Federal and State civilian inmate labor.
Headquarters
Department of the Army
Washington, DC
14 January 2005
Installations
Civilian Inmate Labor Program
*Army Regulation 210–35
Effective 14 February 2005
History. This publication is a rapid action
r e v i s i o n . T h e p o r t i o n s a f f e c t e d b y t h i s
r a p i d a c t i o n r e v i s i o n a r e l i s t e d i n t h e
summary of change.
S u m m a r y . T h i s r e g u l a t i o n p r o v i d e s
guidance for establishing and managing
civilian inmate labor programs on Army
installations. It provides guidance on establishing
prison camps on Army installat
i o n s . I t a d d r e s s e s r e c o r d k e e p i n g a n d
reporting incidents related to the Civilian
Inmate Labor Program and/or prison camp
administration.
Applicability. This regulation applies to
t h e A c t i v e A r m y , t h e A r m y N a t i o n a l
Guard of the United States, and the U.S.
A r m y R e s e r v e u n l e s s o t h e r w i s e s t a t e d .
During mobilization, the Assistant Chief
of Staff for Installation Management may
modify chapters and policies contained in
this regulation.
Proponent and exception authority.
The proponent of this regulation is the
Assistant Chief of Staff for Installation
Management. The proponent has the authority
to approve exceptions or waivers
to this regulation that are consistent with
controlling law and regulations. The proponent
may delegate this approval authority,
in writing, to a division chief within
the proponent agency or a direct reporting
unit or field operating agency of the proponent
agency in the grade of colonel or
the civilian equivalent. Activities may request
a waiver to this regulation by prov
i d i n g j u s t i f i c a t i o n t h a t i n c l u d e s a f u l l
analysis of the expected benefits and must
i n c l u d e f o r m a l r e v i e w b y t h e a c t i v i t y ’ s
senior legal officer. All waiver requests
will be endorsed by the commander or
s e n i o r l e a d e r o f t h e r e q u e s t i n g a c t i v i t y
and forwarded through their higher headquarters
to the policy proponent. Refer to
AR 25–30 for specific guidance.
Army management control process.
This regulation contains management control
provisions and identifies key management
controls that must be evaluated.
S u p p l e m e n t a t i o n . S u p p l e m e n t a t i o n o f
this regulation and establishment of command
and local forms are prohibited without
prior approval from Assistant Chief of
S t a f f f o r I n s t a l l a t i o n M a n a g e m e n t
(DAIM–ZA), 600 Army Pentagon, Washington,
DC 20310–0600.
Suggested improvements. Users are
invited to send comments and suggested
improvements on DA Form 2028 (Recomm
e n d e d C h a n g e s t o P u b l i c a t i o n s a n d
Blank Forms) directly to Assistant Chief
o f S t a f f f o r I n s t a l l a t i o n M a n a g e m e n t
(DAIM–MD), 600 Army Pentagon, Washington,
DC 20310–0600.
Distribution. This publication is available
in electronic media only and is intended
for command levels A, B, C, D,
and E for the Active Army, Army National
Guard of the United States, and the
U.S. Army Reserve.
Contents (Listed by paragraph and page number)
Chapter 1
Introduction, page 1
Purpose • 1–1, page 1
References • 1–2, page 1
Explanation of abbreviations and terms • 1–3, page 1
Responsibilities • 1–4, page 1
Civilian inmate labor programs • 1–5, page 2
The process • 1–6, page 2
Chapter 2
Establishing Installation Civilian Inmate Labor Programs, page 4
Policy statement • 2–1, page 4
*This regulation supersedes AR 210–35, dated 9 December 1997.
AR 210–35 • 14 January 2005 i
UNCLASSIFIED
Contents—Continued
Negotiating with corrections systems representatives • 2–2, page 4
Governing provisions • 2–3, page 4
Procedures for establishing installation civilian inmate labor programs • 2–4, page 7
Chapter 3
Establishing Civilian Inmate Prison Camps on Army Installations, page 8
Policy statement • 3–1, page 8
Negotiating with correctional systems representatives to establish prison camps • 3–2, page 8
Governing criteria civilian inmate prison camps • 3–3, page 8
Governing provisions for operating civilian inmate prison camps on Army installations • 3–4, page 9
Procedures for establishing a civilian inmate prison camp on Army installations • 3–5, page 9
Interservice, interagency, or interdepartmental support agreements • 3–6, page 10
Chapter 4
Reporting and Recordkeeping, page 10
Incident reports • 4–1, page 10
Media coverage • 4–2, page 10
Recordkeeping • 4–3, page 11
Appendixes
A. References, page 12
B. Memorandum of Agreement Format, page 13
C. Sample Inmate Labor Plan, page 19
D. Management Control Evaluation Checklist, page 23
E. 18 USC 4125(A), and Executive Order 11755, page 23
Figure List
Figure 1–1: Civilian Inmate Labor Program process, page 3
Figure B–1: Sample format for a memorandum of agreement, page 14
Figure B–1: Sample format for a memorandum of agreement—continued, page 15
Figure B–1: Sample format for a memorandum of agreement—continued, page 16
Figure B–1: Sample format for a memorandum of agreement—continued, page 17
Figure B–1: Sample format for a memorandum of agreement—continued, page 18
Figure B–1: Sample format for a memorandum of agreement—continued, page 19
Figure C–1: Sample Inmate Labor Plan—continued, page 20
Figure C–1: Sample Inmate Labor Plan—continued, page 21
Figure C–1: Sample Inmate Labor Plan—continued, page 22
Glossary
Index
ii AR 210–35 • 14 January 2005
Chapter 1
Introduction
1–1. Purpose
This regulation provides Army policy and guidance for establishing civilian inmate labor programs and civilian prison
camps on Army installations. Sources of civilian inmate labor are limited to on– and off–post Federal corrections
facilities, State and/or local corrections facilities operating from on–post prison camps pursuant to leases under Section
2667, Title 10, United States Code (10 USC 2667), and off–post State corrections facilities participating in the
demonstration project authorized under Section 1065, Public Law (PL) 103–337. Otherwise, State and/or local inmate
labor from off–post corrections facilities is currently excluded from this program.
1–2. References
Required and related publications and prescribed and referenced forms are listed in appendix A.
1–3. Explanation of abbreviations and terms
Abbreviations and special terms used in this regulation are explained in the glossary.
1–4. Responsibilities
a. The Assistant Secretary of the Army (Installations and Environment) (ASA(I&E)) will—
(1) Provide policy guidance and resolve policy issues.
(2) Provide overall program direction.
(3) Serve as approval authority for establishing civilian inmate labor programs and civilian inmate prison camps on
Army installations.
(4) Provide procedural guidance on real property acquisition, management, and disposal relating to establishing
prison camps on Army installations.
b. The Assistant Secretary of the Army (Financial Management and Comptroller) (ASA(FM&C)) will—
(1) Provide reimbursement policy guidance on interservice, interagency, and/or interdepartmental support agreements
between installations and corrections facilities to establish civilian inmate prison camps on Army installations.
(2) Provide reimbursement policy for civilian inmate labor utilization, other than reimbursement for inmate labor
itself.
(3) Review all actions pertaining to the Civilian Inmate Labor Program for compliance with Army financial
management guidance.
c. The Chief of Public Affairs will—
(1) Monitor media coverage on installation civilian inmate labor programs and civilian inmate prison camps on
Army installations.
(2) Coordinate all proposed media coverage of potential national interest concerning the Army Civilian Inmate
Labor Program and civilian inmate prison camps with the Assistant Chief of Staff for Installation Management
(ACSIM) prior to release.
d. The Assistant Secretary of the Army (Manpower and Reserve Affairs) (ASA(M&RA)) will—
(1) Provide policy guidance on inmate labor utilization issues pertaining to existing in–house resources.
(2) Provide policy guidance and procedures for apprising installation government employee labor unions of proposals
to use civilian inmate labor and, for existing installation civilian inmate labor programs, apprising these unions of
changes in agreements with corrections facilities governing inmate use.
e. The Assistant Chief of Staff for Installation Management will—
(1) Execute the Army Civilian Inmate Labor Program.
(2) Develop and implement policy and procedures for using civilian inmate labor and establishing civilian inmate
prison camps on Army installations.
(3) Serve as the focal point for staff coordination on issues pertaining to the Civilian Inmate Labor Program and/or
civilian inmate prison camps.
(4) Conduct a program review in accordance with AR 11–2 once every 5 years.
(5) Provide policy guidance on functions for which civilian inmate labor can be used.
(6) Review reports of availability pertaining to granting the use of Army real property.
(7) Immediately inform the Chief, Legislative Liaison of approval of civilian inmate labor programs and civilian
inmate prison camps on Army installations to facilitate notification to interested members of Congress.
f. The General Counsel and the Judge Advocate General will review all actions pertaining to the Civilian Inmate
Labor Program and civilian inmate prison camps for compliance with applicable laws and regulations.
g. The Chief of Engineers will, in those cases involving use of Army real property, handle all matters pertaining to
granting the use of Army real property.
h. The Provost Marshal General will—
AR 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.
i. Heads of other Army Staff and Army Secretariat agencies will provide advice, as necessary, on aspects of the
Civilian Inmate Labor Program within their functional areas of responsibility.
j. The Director, Headquarters, Installation Management Agency (HQ, IMA) will—
(1) Ensure that their installations participating in civilian inmate labor programs comply with 18 USC 4125(a) and
other applicable laws governing civilian inmate labor, Executive Order (EO) 11755, and all provisions of this
regulation.
(2) Review and endorse installation memoranda of agreement (MOA) and Inmate Labor Plans to establish civilian
inmate labor programs and proposals to establish civilian inmate prison camps on Army installations, and forward such
MOA, plans and proposals to Headquarters, Department of the Army (HQDA) for approval.
(3) Review and endorse installation requests for changes to Army Civilian Inmate Labor Program policy.
(4) Annually review installation civilian inmate labor programs against the key management controls listed in
appendix D.
k. Installation commanders will—
(1) Comply with 18 USC 4125(a) and other applicable laws governing civilian inmate labor, EO 11755, and all
provisions of this regulation.
(2) Submit the following through command channels to Headquarters, Installation Management Activity (SFIM–PL),
2511 Jefferson Davis Highway, Taylor Building, Arlington, VA 22202–3926:
(a) Memoranda of agreement and Inmate Labor Plans to establish civilian inmate labor programs.
(b) Proposals to establish civilian inmate prison camps.
(c) Written notification of termination of civilian inmate labor programs.
(d) Revisions to existing memoranda of agreement requiring changes to Army Civilian Inmate Labor Program
policy.
(e) Requests for guidance on any Civilian Inmate Labor Program situation that is not addressed in this regulation.
(3) Annually review their civilian inmate labor programs to determine if their programs continue to generate cost
avoidance.
(4) Annually review their civilian inmate labor programs against the key management controls identified in appendix
D.
(5) Report all contacts with State or local corrections system on possible use of civilian inmate labor, facilities, land,
or installation through command channels to Headquarters, Installation Management Activity (SFIM–PL), 2511 Jefferson
Davis Highway, Taylor Building, Arlington, VA 22202–3926.
1–5. Civilian inmate labor programs
a. Civilian inmate labor programs benefit both the Army and corrections systems by—
(1) Providing a source of labor at no direct labor cost to Army installations to accomplish tasks that would not be
possible otherwise due to the manning and funding constraints under which the Army operates.
(2) Providing meaningful work for inmates and, in some cases, additional space to alleviate overcrowding in nearby
corrections facilities.
(3) Making cost–effective use of buildings and land not otherwise being used.
b. Except for the 3 exceptions listed in paragraph 2–1d below, installation civilian inmate labor programs may use
civilian inmate labor only from Federal corrections facilities located either off or on the installation.
c. Keys to operating an effective civilian inmate labor program on Army installations include—
(1) Establishing a comprehensive lease agreement, interservice, interagency, and/or interdepartmental support agreement
(ISA), and/or 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.
1–6. The process
Figure 1–1 diagrams the Army Civilian Inmate Labor Program process. The flowchart reads top down and left to right,
starting with the decision to establish both a prison camp and an inmate labor program (the diamond–shaped box in the
upper left corner of the diagram labeled “prison camp inmate labor?â€