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.

*Army Regulation 210–35

Headquarters
Department of the Army
Washington, DC
14 January 2005

Effective 14 February 2005
Installations

Civilian Inmate Labor Program
Guard of the United States, and the U.S.
Army Reserve unless otherwise stated.
During mobilization, the Assistant Chief
of Staff for Installation Management may
modify chapters and policies contained in
this regulation.

History. This publication is a rapid action
revision. The portions affected by this
rapid action revision are listed in the
summary of change.
Summary. This regulation provides
guidance for establishing and managing
civilian inmate labor programs on Army
installations. It provides guidance on establishing prison camps on Army installations. It addresses recordkeeping and
reporting incidents related to the Civilian
Inmate Labor Program and/or prison camp
administration.
Applicability. This regulation applies to
the Active Army, the Army National

Contents

Proponent and exception authority.
The proponent of this regulation is the
Assistant Chief of Staff for Installation
Management. The proponent has the authority to approve exceptions or waivers
to this regulation that are consistent with
controlling law and regulations. The proponent may delegate this approval authority, in writing, to a division chief within
the proponent agency or a direct reporting
unit or field operating agency of the proponent agency in the grade of colonel or
the civilian equivalent. Activities may request a waiver to this regulation by providing justification that includes a full
analysis of the expected benefits and must
include formal review by the activity’s
senior legal officer. All waiver requests
will be endorsed by the commander or
senior leader of the requesting activity
and forwarded through their higher headquarters to the policy proponent. Refer to
AR 25–30 for specific guidance.

This regulation contains management control provisions and identifies key management controls that must be evaluated.
Supplementation. Supplementation of
this regulation and establishment of command and local forms are prohibited without prior approval from Assistant Chief of
Staff for Installation Management
(DAIM–ZA), 600 Army Pentagon, Washington, DC 20310–0600.
Suggested improvements. Users are
invited to send comments and suggested
improvements on DA Form 2028 (Recommended Changes to Publications and
Blank Forms) directly to Assistant Chief
of Staff for Installation Management
(DAIM–MD), 600 Army Pentagon, Washington, DC 20310–0600.
Distribution. This publication is available in electronic media only and is intended for command levels A, B, C, D,
and E for the Active Army, Army National Guard of the United States, and the
U.S. Army Reserve.

Army management control process.

(Listed by paragraph and page number)

Chapter 1
Introduction, page 1
Purpose • 1–1, page 1
References • 1–2, page 1
Explanation of abbreviations and terms • 1–3, page 1
Responsibilities • 1–4, page 1
Civilian inmate labor programs • 1–5, page 2
The process • 1–6, page 2
Chapter 2
Establishing Installation Civilian Inmate Labor Programs, page 4
Policy statement • 2–1, page 4

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

AR 210–35 • 14 January 2005

UNCLASSIFIED

i

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
Figure
Figure
Figure
Figure
Figure
Figure
Figure
Figure
Figure

1–1:
B–1:
B–1:
B–1:
B–1:
B–1:
B–1:
C–1:
C–1:
C–1:

Civilian
Sample
Sample
Sample
Sample
Sample
Sample
Sample
Sample
Sample

Inmate
format
format
format
format
format
format
Inmate
Inmate
Inmate

Labor Program process, page 3
for a memorandum of agreement, page 14
for a memorandum of agreement—continued,
for a memorandum of agreement—continued,
for a memorandum of agreement—continued,
for a memorandum of agreement—continued,
for a memorandum of agreement—continued,
Labor Plan—continued, page 20
Labor Plan—continued, page 21
Labor Plan—continued, page 22

Glossary
Index

ii

AR 210–35 • 14 January 2005

page
page
page
page
page

15
16
17
18
19

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?”). 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

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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.

Figure 1–1. Civilian Inmate Labor Program process

AR 210–35 • 14 January 2005

3

Chapter 2
Establishing Installation Civilian Inmate Labor Programs
2–1. Policy statement
a. With a few exceptions, the Army’s Civilian Inmate Labor Program is currently limited to using inmates from
facilities under the control of the Federal Bureau of Prisons (FBOP). Section 4125(a), Title 18, United States Code
allows the Attorney General to make available to other Federal agencies the services of Federal inmates and defines the
types of services inmates can perform. The FBOP provides civilian inmate labor free of charge to the Army.
b. The Army is not interested in, nor can afford, any relationship with a corrections facility if that relationship
stipulates payment for civilian inmate labor. Installation civilian inmate labor program operating costs must not exceed
the cost avoidance generated from using inmate labor (see para 4–3 for a discussion of cost avoidance).
c. Guidelines in this regulation for establishing installation civilian inmate labor programs pertain to negotiating with
Federal corrections facilities only. Currently, there is no overarching law that addresses establishing State and/or local
civilian inmate labor programs on Department of Defense (DOD) military facilities when these programs use inmates
from off–post corrections facilities.
d. However, there are 3 exceptions to using State or local civilian inmate labor 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.
e. Installation commanders must address, in memoranda of agreement with the corrections facilities, all items in the
governing provisions (para 2–3 below).
f. Section 4125(a), Title 18, United States Code and EO 11755 are incorporated into this regulation at appendix E.
2–2. Negotiating with corrections systems representatives
Installation commanders may initiate discussions with FBOP representatives concerning use of civilian inmate labor on
Army installations, subject to the governing provisions listed in paragraph 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).
2–3. Governing provisions
The following provisions govern the Army Civilian Inmate Labor Program and must be reflected in agreements with
corrections facilities concerning the use of civilian inmate labor on Army installations:
a. No use of land or facilities. No use of land or facilities on installations is involved in executing civilian inmate
labor programs, except for designated work, latrine, eating, and vending areas.
(1) Installation commanders will establish areas where inmates are prohibited from entering, and any other restrictions that are deemed necessary. These areas will be outlined in the memoranda of agreement between the installation
and the corrections facility. The intent is to preclude fraternization between inmates and civilians, military personnel
and/or, family members and to ensure their safety at all times. Army policy on prohibited areas is to restrict inmates to
the 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.
b. Nominal costs. The program must be without direct labor cost (for inmate labor itself) or expense to the

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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.
c. Services provided to installations. Services provided to the installation must be in accordance with 18 USC
4125(a). Such services are constructing or repairing roads; clearing, maintaining, or reforesting public land; building
levees; or constructing or repairing any other public way or works financed wholly or in major part by funds
appropriated by Congress. Inmates may perform custodial tasks, building demolition, debris removal, mowing,
landscaping, painting, carpentry, trash pickup, transporting debris to and from recycling centers, and other similar
activities. No other services are allowed by law.
d. Work performed. Work performed by inmates will not interfere nor conflict with approved projects for which
resources have been allocated and funds made available for performance by contract or Army civilian labor force, or
with work which can be accomplished within authorized personnel ceilings. The Civilian Inmate Labor Program was
created to provide installation commanders with an alternate labor source to perform valid requirements. Civilian
inmate labor does not compete with existing in–house or contractor resources.
e. Participants. Only inmates classified as minimum level security will participate in the Civilian Inmate Labor
Program. Minimum level security inmates do not need constant guard. Corrections facilities will be responsible for
ensuring that only minimum level security inmates participate 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:
(a) A person in whom there is a significant public interest as determined by the corrections facility superintendent in
coordination with the installation commander.
(b) A person who has been a significant management problem in their current corrections facility or in another
facility.
(c) A principal organized crime figure.
(d) An inmate convicted of a sex offense or whose criminal history includes such conduct.
(e) An inmate convicted of a violent crime or whose criminal history includes such conduct.
(f) An inmate convicted of the sale or intent to distribute illegal drugs who held a leadership position in any drug
conspiracy, or has been involved with drugs within the last 3 years while in prison.
(g) An escape risk.
(h) An inmate who poses a threat to the general public as determined by the corrections facility superintendent in
coordination with the installation commander.
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(i) An inmate declared or found insane or mentally incompetent by a court, administrative proceeding, or physician,
or under treatment for a mental disease or disorder.
(j) An inmate convicted of arson.
(k) A Federal inmate convicted while on active duty, presently serving a sentence for that conviction.
f. Army personnel. Department of the Army personnel will not be involved with custodial aspects of inmate labor
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.
g. Property damage. Generally, any interference with or damage to property under control of the Department of the
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.
(a) All memoranda of agreement with the corrections facility must contain a clause addressing how property damage
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.
(b) Investigations may be conducted through AR 15–6 procedures or a report of survey.
h. Operation. The Civilian Inmate Labor Program will operate in such a manner that it will not interfere with the
operation and/or mission of the installation as determined by the installation commander.
i. Safety. Inmate accident compensation procedures set forth at Section 301, Title 28, Code of Federal Regulations
(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.
j. Emergency medical care. The Army will provide emergency medical care and first aid. In the event of an on–post
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
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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.
k. Security. The corrections facility retains control and custody of the civilian inmates at all times. In addition to
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.
l. Training of Army personnel. The corrections facility will provide training and indoctrination to all 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.
m. Public affairs. Installations will develop a public affairs plan that informs the installation and the surrounding
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.
2–4. Procedures for establishing installation civilian inmate labor programs
Procedures for establishing installation civilian inmate labor programs apply to both off–post corrections facilities and
on–post civilian inmate prison camps.
a. Upon finalizing negotiations with the corrections facility, the installation commander and corrections facility
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.
b. Installations will prepare an Inmate Labor Plan governing administration and operation of the inmate labor
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.
c. Memoranda of agreement and/or Inmate Labor Plans will be reviewed as needed by the installation commander
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.
d. The installation Staff Judge Advocate (SJA) will review the memoranda of agreement and Inmate Labor Plan for
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.
e. Installation civilian personnel offices will inform installation Government employee labor unions of proposals to
use civilian inmates and comply with any bargaining obligation under 5 USC 7101 et. seq. (Federal Labor Management
Relations Statute).
f. Requests to establish civilian inmate labor programs will be submitted through command channels to Headquarters, 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.
g. Installations will not implement civilian inmate labor programs, nor incorporate revisions to existing memoranda
of agreement and/or Inmate Labor Plans requiring changes to Army Civilian Inmate Labor Program policy without

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7

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

Chapter 3
Establishing Civilian Inmate Prison Camps on Army Installations
3–1. Policy statement
It is not Army policy to solicit offers from correctional systems to establish civilian inmate prison camps on Army
installations. Nevertheless, the Army recognizes that these correctional systems may approach installations to lease land
on which to build corrections facilities, or to lease unoccupied facilities. The Army will evaluate requests to establish
civilian inmate prison camps on Army installations on a case by case basis. These prison camps will house minimum
and low security inmates, as determined by the correctional systems. However, the Army’s primary purpose for
allowing establishment of prison camps on Army installations is to use the resident nonviolent civilian inmate labor
pool to work on the leased portions of the installation.
3–2. Negotiating with correctional systems representatives to establish prison camps
Installation commanders will not initiate formal discussions with correctional systems representatives to establish
civilian inmate prison camps on their installations. Installation commanders are not authorized to negotiate with these
representatives without first obtaining HQDA approval to proceed. Once approval is granted, installation commanders
may enter into negotiations, subject to the provisions of this chapter.
a. Establishing civilian inmate prison camps on Army installations is separate from establishing civilian inmate labor
programs, as discussed in chapter 2 above. Establishing civilian inmate prison camps does not automatically institute a
civilian inmate labor program. Procedures for establishing civilian inmate labor programs, incident to establishing
civilian inmate prison camps, still apply.
b. As noted in paragraph 2–1, above, civilian inmate labor programs are limited to use of inmates under the control
of the FBOP. Accordingly, establishment of a State civilian inmate prison camp under a lease pursuant to 10 USC
2667 does not permit the creation of a civilian inmate labor program.
c. Section 1342, Title 31, United States Code precludes the United States Government from accepting voluntary
services unless specifically allowed by statute. The Army has determined that accepting inmate labor with no
associated cost for inmate labor is equivalent to accepting voluntary services from corrections facilities. This precludes
using State and local civilian inmates from 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.
3–3. Governing criteria civilian inmate prison camps
The following criteria apply to establishing civilian inmate prison camps on Army installations:
a. Since the correctional system has full responsibility and authority over the use and occupation of the civilian
inmate prison camp, all claims for property damage or personal injury arising therein are the responsibility of the
correctional system, not the Army.
b. The installation commander and HQ, IMA must assess the impacts that the prison and prison population will have
on the installation, military mission, and installation population. At a minimum, the installation commander must
consider mission security, possible impacts on military families living on–post, and community concerns.
c. Prison facility sites should be separated from the general installation population to the maximum extent possible.
At a minimum, prison facilities should not be located in close proximity to family housing, dormitories, or community
support facilities.
d. Prison facilities should not be located in close proximity to critical mission areas where surveillance of activities
could become a source of intelligence data.
e. Location of prison facilities should be in keeping with the requirements and objectives of installation comprehensive planning concepts and environmental considerations at the individual installation.
f. Civilian inmate prison camps will not be collocated with military confinement facilities.
g. Using installation facilities is acceptable when buildings are scheduled for demolition, or are not needed for
current or programmed mission requirements and can be rehabilitated.
h. The correctional system will provide the primary source of funding for establishing, operating, and maintaining
prison facilities.
i. Support and services provided between the Army installation and a Federal civilian inmate prison camp will be
delineated in a formal ISA in accordance with Department of Defense Instruction (DODI) 4000.19. There should be no

8

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need for any reimbursement policy where State corrections facilities are concerned because the cost of doing business
with a State corrections facility should be factored into the lease agreement.
j. Correctional systems’ use of Army real property will be in accordance with AR 405–80.
k. AR 42041 establishes policy, responsibility, and procedures for acquisition and sale of utility services. A separate
contract form is required for use in the sale of utilities and related services.
3–4. Governing provisions for operating civilian inmate prison camps on Army installations
Civilian inmate prison camps on Army installations are subject to the following provisions:
a. No weapons other than those authorized for the security of the civilian inmate prison camp and public protection
will be permitted on prison camp premises. Storage, possession, control, and use of such weapons will be in
accordance with corrections facility policy and procedures.
b. No alcohol or controlled substances other than those under the control and supervision of the corrections facility
medical personnel will be permitted on civilian inmate prison camp premises. Storage, possession, control, dispensing,
and use of such drugs will be in accordance with corrections facility policy and procedures.
c. The corrections facility must have a comprehensive written security plan; a contingency plan for handling
walkaways, escapes, riots, serious incidents, job actions or strikes, and any other disruption; and a plan designed to
ensure that adequate medical, sanitation, recreational, and other humanitarian services are provided for the inmates
housed at the civilian inmate prison camp. These plans will be made available to the installation commander.
d. Army personnel will not be involved in quelling or suppressing riots, disorders, and similar incidents within
civilian inmate prison camp premises. Military police may not respond to or investigate incidents which occur within
the civilian inmate prison camp and involve inmates or correctional facilities personnel, unless the installation
commander determines that such action is reasonably necessary to protect personnel, equipment, or facilities under his
or her control. They may gather information to fulfill AR 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.
e. Civilian inmate prison camp personnel must request approval from the installation commander before using riot
control agents or deadly force to quell prison riots, disorders, or other incidents.
f. Army personnel will not be involved in any manner with civilian inmate prison camp operations, except as
otherwise specified in paragraph 3–4d, above.
3–5. Procedures for establishing a civilian inmate prison camp on Army installations
The following procedures apply to establishing a civilian inmate prison camp on Army installations. These procedures
are separate from those procedures discussed in chapter 2 above for establishing a civilian inmate labor program.
Installations desiring to both establish a civilian inmate prison camp and an inmate labor program must follow the
procedures outlined in chapters 2 and 3 of this regulation. Establishment of a civilian inmate prison camp does not
automatically establish a civilian inmate labor program. Separate documents must be executed for each action, as
outlined below. However, as noted in paragraph 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.
a. Installations will submit a proposal to establish a civilian inmate prison camp through command channels to
HQDA, Assistant Chief of Staff for Installation Management, Plans and Operations Division (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.

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9

(7) Local community reaction, including family member reaction to establishing a civilian inmate prison camp on
the installation.
(8) Summary of the benefits the Army will derive from establishing a civilian inmate prison camp. Address the
services the Army will provide the prison camp and the services the prison camp will provide the Army in return.
However, keep in mind that for State civilian inmate prison camps established pursuant to a lease under 10 USC 2667,
the services that the prison camp may provide to the Army are limited to maintenance, protection, restoration, repair,
and improvement of the leased facilities.
(9) Risk assessment regarding the facilities proposed for outgranting. Address the viability of establishing a civilian
inmate prison camp.
(10) Correctional system security plan for the civilian inmate prison camp.
(11) Proposed length of time of agreements (ISAs and lease and/or permit).
(12) Report of availability of real property and/or facilities proposed for outgranting.
b. Upon receiving HQDA approval, installations may request the Corps of Engineers district office to proceed with
preparing the appropriate outgrant document with the correctional system for the right to use Army real property and
facilities, and, for Federal civilian inmate prison camps, prepare a permit and an ISA delineating the services to be
rendered by the civilian inmate prison camp and the support required from the installation. One copy of the outgrant
document and the ISA, where applicable, will be forwarded through command channels to HQ, IMA (SFIM–PL).
c. For Federal civilian inmate prison camps, the outgrant document will reference the ISA governing services the
installation will provide the prison camp, and the services the prison camp will provide the installation, if applicable,
under the memoranda of agreement establishing an installation civilian inmate labor program. The outgrant document
by itself does not establish a civilian inmate labor program. A separate memoranda of agreement with the corrections
facility is still required. All outgrants of Army real property will be prepared in accordance with AR 405–80.
d. Installations intending to establish a civilian inmate labor program using inmates to be housed in the on–post
prison camp will follow the procedures outlined in chapter 2 above.
3–6. Interservice, interagency, or interdepartmental support agreements
The ISAs documents the services installations will provide the Federal civilian inmate prison camp and the services the
prison camp will provide the installation, in return. The ISAs will be prepared in accordance with DODI 4000.19 and
AR 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.
a. Utility sales contracts and memoranda of agreement establishing civilian inmate labor programs using inmates
from the on–post Federal civilian inmate prison are attachments to the ISAs.
b. The ISAs will require the Federal civilian inmate prison camp to have a mutually acceptable utility and/or energy
conservation program and an environmental management plan. The prison camp will provide assurance that it is
resourced to carry out these provisions.
c. No credits for inmate labor will be given to offset support services provided to the Federal civilian inmate prison
camp.

Chapter 4
Reporting and Recordkeeping
4–1. Incident reports
Serious incidents, that is, walkaways, escapes, riots, disturbances, and any criminal action involving inmates participating in the civilian inmate labor program and/or occurring in onpost civilian inmate prison camps will be reported in
accordance with AR 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.
4–2. Media coverage
Any media coverage involving inmates participating in the Civilian Inmate Labor Program, or involving onpost civilian
inmate prison camps, will be reported through command channels to HQ, IMA (SFIMPL), and HQDA, Office of the
Chief of Public Affairs, Public Communications Division (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.

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4–3. Recordkeeping
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:
a. For civilian inmate labor programs—
(1) Summary listing of all work projects employing civilian inmates, including project duration, number of civilian
inmates used on the project, number of corrections facility personnel supervising work details assigned to each project,
and number of Army military and civilian personnel engaged in oversight activities per project.
(2) Cost avoidance generated from civilian inmate labor. Cost avoidance is based on determining the dollar value of
inmate labor by equating inmate work performed to the dollar value and costs of similar work if performed by
authorized and funded positions, or by contract. Cost avoidance must be calculated using the following equation:
Cost avoidance=Dollar value of civilian labor (including fringe benefits, monitoring, and overhead) and/or contracts for
functions inmates now perform (including overtime) minus Cost of equipment, materials, and supplies furnished to
inmate labor details minus Costs of transporting inmates to and from corrections facility (as applicable) minus Inmate
meal costs (if provided) minus Program administration costs minus Any other costs associated with the civilian inmate
labor program.

(3) Synopsis of special incidents and/or military police (MP) reports involving civilian inmate labor. This includes
significant events and anticipated problems.
(4) Media inquiries and responses provided.
(5) Synopsis of any complaints and/or concerns from the surrounding 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.
b. For civilian inmate prison camps—
(1) Monthly average daily population for the facility.
(2) Any Right of Entry violations and corrective measures taken.
(3) Direct and reimbursable obligations for support provided to the civilian inmate prison camp, to allow for
analysis of spending trends.
(4) Synopsis of any complaints and/or concerns from the surrounding 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.

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Appendix A
References
Section I
Required Publications
AR 11–2
Management Controls. (Cited in para 1–4e(4).)
AR 15–6
Procedures for Investigating Officers and Boards of Officers. (Cited in para 2–3g(4)(b).)
AR 37–49
Budgeting, Funding, and Reimbursement for Base Operations Support of Army Activities. (Cited in para 3–6.)
AR 190–40
Serious Incident Report. (Cited in paras 1–4h(1), 3–4d, 4–1, and D–4c(5).)
AR 385–40
Accident Reporting and Records. (Cited in para 4–1.)
AR 405–80
Management of Title and Granting Use of Real Property. (Cited in paras 3–3j and 3–5c.)
AR 420–41
Acquisition and Sales of Utilities Services. (Cited in paras 3–3k.)
AR 600–55
The Army Driver and Operator Standardization Program (Selection, Training, Testing and Licensing). (Cited in para
2–3b(3).)
5 USC 7101 et. seq.
Federal Labor Management Relations Statute. (Cited in para 2–4e.)
10 USC 2667
Leases, NonExcess Property of Military Departments. (Cited in paras 1–1, 3–2b, 3–2c, 3–5a(8).)
18 USC 4125(a)
Public Works; Prison Camps. (Cited in paras 1–4j(1), 1–4k(1), 2–1a, 2–1f, and 2–3c.)
28 CFR 301
Inmate Accident Compensation. (Cited in para 2–3i.)
29 CFR 1910
Occupational Safety and Health Standards. (Cited in para 2–3i(3).)
31 USC 1342
Limitation on Voluntary Services. (Cited in para 3–2c.)
DODI 4000.19
Interservice, Interdepartmental, and Interagency Support. (Cited in paras 3–3i and 3–6.)
Executive Order 11755
Prison Labor. (Cited in paras 1–4j(1), 1–4k(1), 2–1d(3), and 2–1f.)
PL 103–337, Section 1065
Demonstration Project for Use of Army Installations to Provide Prerelease Employment Training to Nonviolent
Offenders in State Penal Systems. (Cited in paras 1–1 and 2–1d(1).)

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Section II
Related Publications
A related publication is a source of additional information. The user does not have to read it to understand this
publication. Army regulations and pamphlets are available on the Army Publishing Directorate’s Web site at http://
www.apd.army.mil.
AR 5–9
Area Support Responsibilities
AR 5–20
Commercial Activities Program
AR 25–400–2
The Army Records Information Management System (ARIMS)
AR 190–47
The U.S. Army Correctional System
18 USC Chapter 303
Bureau of Prisons (Available at http://www.gpoaccess.gov/USCODE/INDEX.HTML.)
18 USC Chapter 305
Commitment and Transfer (Available at http://www.gpoaccess.gov/USCODE/INDEX.HTML.)
18 USC Chapter 1385
Posse Comitatus Act (Available at http://www.gpoaccess.gov/USCODE/INDEX.HTML.)
28 USC 1346(b), 2671–2680
Federal Tort Claims Act (Available at http://www.gpoaccess.gov/USCODE/INDEX.HTML.)
DODD 5525.5
DOD Cooperation with Civilian Law Enforcement Officials (Available at http://www.dtic.whs/directives.)
FAR, Part 22.201
Convict Labor (Available at http://www.arnet.gov.far/.)
Section III
Prescribed Forms
This section contains no entries.
Section IV
Referenced Forms
DA Form 11–2–R
Management Control Evaluation Certification Statement (Available at http://www.apd.army.mil.)

Appendix B
Memorandum of Agreement Format
This memorandum of agreement (MOA) format addresses agreements between Army organizations and Federal
corrections facilities under the control of the U.S. Federal Bureau of Prisons (FBOP) and is the template for developing
such agreements. This MOA format contains all required clauses for compliance with Army policy on using civilian
inmates. This MOA format may be modified to accommodate State/local civilian inmate use authorized under the
exceptions cited in paragraph 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.

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13

Figure B–1. Sample format for a memorandum of agreement

14

AR 210–35 • 14 January 2005

Figure B–1. Sample format for a memorandum of agreement—continued

AR 210–35 • 14 January 2005

15

Figure B–1. Sample format for a memorandum of agreement—continued

16

AR 210–35 • 14 January 2005

Figure B–1. Sample format for a memorandum of agreement—continued

AR 210–35 • 14 January 2005

17

Figure B–1. Sample format for a memorandum of agreement—continued

18

AR 210–35 • 14 January 2005

Figure B–1. Sample format for a memorandum of agreement—continued

Appendix C
Sample Inmate Labor Plan
This sample Inmate Labor Plan may be used as a template to develop user Inmate Labor Plans. This sample Inmate
Labor Plan contains all required clauses for compliance with Army policy on using civilian inmates. Users of this
template should make the appropriate substitutions indicated in bold print and bounded by parenthesis to tailor this
template for their own use. User Inmate Labor Plans may be a regulation, letter of instruction, policy memorandum, or
other document of the user’s choice.

AR 210–35 • 14 January 2005

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Figure C–1. Sample Inmate Labor Plan—continued

20

AR 210–35 • 14 January 2005

Figure C–1. Sample Inmate Labor Plan—continued

AR 210–35 • 14 January 2005

21

Figure C–1. Sample Inmate Labor Plan—continued

22

AR 210–35 • 14 January 2005

Appendix D
Management Control Evaluation Checklist
D–1. Function
The function covered by this checklist is the administration of the Army’s Civilian Inmate Labor Program, which is
currently limited to using inmates from facilities under the control of the Federal Bureau of Prisons.
D–2. Purpose
The purpose of this checklist is to assist HQDA, HQ, IMA, and installation program administrators in evaluating the
key management controls outlined below. It is not intended to cover all controls.
D–3. Instructions
Answers must be based on the actual testing of key management controls (for example, document analysis, direct
observation, sampling, simulation, other). Answers that indicate deficiencies must be explained and corrective action
indicated in supporting documentation. These key management controls must be formally evaluated annually. Certification that this evaluation has been conducted must be accomplished on DA Form 11–2–R (Management Control
Evaluation Certification Statement).
D–4. Test Questions
a. Are any installations using civilian inmate labor without HQDA approval?
b. Do all installations using civilian inmate labor have an HQDA approved Memorandum of Agreement with the
provider corrections facility and an Inmate Labor Plan governing operation of civilian inmate labor details on the
installation? Do these memorandum of agreements and Inmate Labor Plans reflect current Department of Army
guidance on civilian inmate labor use?
c. Are installations using civilian inmates in accordance with existing legislation and/or regulations and/or policy
governing civilian inmate labor utilization on Army installations? Specifically
(1) Are Army civilian and/or military personnel engaged in custodial supervision (guarding) of inmate labor details?
(2) Are inmates working in and around government housing areas? Are inmates working in and around schools,
recreation areas and/or facilities, day care centers, recreation libraries, and similar facilities while these facilities are
open to the public?
(3) Are only minimum security, nonviolent inmates being used on inmate labor details? Do inmates meet Army
Civilian Inmate Labor Program selection criteria defined in paragraph 2–3e, above?
(4) Are inmates performing only those functions allowed under 18 USC 4125(a) or by HQDA?
(5) Are incidents involving Army installation civilian inmate labor programs being reported in accordance with AR
190–40 and reporting guidance in this regulation?
d. For Army installations operating civilian inmate labor programs from on–post corrections facilities, are these
corrections facilities being given credits for inmate labor to offset base operations support services provided to the
corrections facilities?
e. Do all installations with onpost corrections facilities have HQDA approval to rent facilities and/or land to
correctional systems?
f. Do the costs of operating civilian inmate labor programs on Army installations exceed the cost avoidance
generated from using civilian inmates, that is, do installation civilian inmate labor programs continue to generate cost
avoidance?
D–5. Supersession
This checklist is the first checklist developed for the Army Civilian Inmate Labor Program.
D–6. Comments
Help make this a better tool for evaluating management controls. Submit comments to: Assistant Chief of Staff for
Installation Management, Plans and Operations Division (DAIM–MD, 600 Army Pentagon, Washington, DC
20310–0600).

Appendix E
18 USC 4125(A), and Executive Order 11755
18 USC 4125(a)
The Attorney General may make available to the heads of the several departments the services of United States
prisoners under terms, conditions, and rates mutually agreed upon, for constructing or repairing roads, clearing,

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maintaining and reforesting public lands, building levees, and constructing or repairing any other public ways or works
financed wholly or in major part by funds appropriated by Congress.
Executive Order 11755, Dec 29, 1973, as amended by Executive Order 12608, Sep 9, 1987 and
Executive Order 12943, Dec 13, 1994, Prison Labor.
The development of the occupational and educational skills of prison inmates is essential to their rehabilitation and to
their ability to make an effective return to free society. Meaningful employment serves to develop those skills. It is also
true, however, that care must be exercised to avoid either the exploitation of convict labor or any unfair competition
between convict labor and free labor in the production of goods and services.
Under sections 3621 and 3622 of title 18 of the United States Code, the Bureau of Prisons is empowered to authorize
Federal prisoners to work at paid employment in the community during their terms of imprisonment under conditions
that protect against both the exploitation of convict labor and unfair competition with free labor.
Several States and other jurisdictions have similar laws or regulations under which individuals confined for violations
of the laws of those places may be authorized to work at paid employment in the community.
Executive Order No. 325A, which was originally issued by President Theodore Roosevelt in 1905, prohibits the
employment, in the performance of Federal contracts, of any person who is serving a sentence of imprisonment at hard
labor imposed by a court of a State, territory, or municipality.
I have now determined that Executive Order No. 325A should be replaced with a new Executive Order which would
permit the employment of non-Federal prison inmates in the performance of Federal contracts under terms and
conditions that are comparable to those now applicable to inmates of Federal prisons.
NOW THEREFORE, pursuant to the authority vested in me as President of the United States, it is hereby ordered as
follows:
SECTION 1.
a. All contracts involving the use of appropriated funds which shall hereafter be entered into by any department or
agency of the executive branch for performance in any State, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Trust
Territory of the Pacific Islands shall, unless otherwise provided by law, contain a stipulation forbidding in the
performance of such contracts, the employment of persons undergoing sentences of imprisonment which have been
imposed by any court of a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Trust Territory of the Pacific
Islands. This limitation, however, shall not prohibit the employment by a contractor in the performance of such
contracts of persons on parole or probation to work at paid employment during the term of their sentence or persons
who have been pardoned or who have served their terms. Nor shall it prohibit the employment by a contractor in the
performance of such contracts of persons confined for violation of the laws of any of the States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, or the Trust Territory of the Pacific Islands who are authorized to work at paid employment
in the community under the laws of such jurisdiction, if
((1)(a)) The worker is paid or is in an approved work training program on a voluntary basis;
((b)) Representatives of local union central bodies or similar labor union organizations have been consulted;
((c)) Such paid employment will not result in the displacement of employed workers, or be applied in skills, crafts,
or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services;
and
((d)) The rates of pay and other conditions of employment will not be less than those paid or provided for work of a
similar nature in the locality in which the work is being performed; and
(2). The Attorney General has certified that the work release laws or regulations of the jurisdiction involved are in
conformity with the requirements of this order.
((b)) After notice and opportunity for hearing, the Attorney General shall revoke any such certification under section
1(a)(2) if he finds that the workrelease program of the jurisdiction involved is not being conducted in conformity with
the requirements of this order or with its intent or purposes.
((c)) The provisions of this order do not apply to purchases made under the micropurchase authority contained in
section 32 of the Office of Federal Procurement Policy Act, as amended.
SECTION 2. The Federal Procurement Regulations, the Armed Services Procurement Regulations, and to the extent
necessary, any supplemental or comparable regulations issued by any agency of the executive branch shall be revised
to reflect the policy prescribed by this order.
SECTION 3. Executive Order No. 325A is hereby superseded.
SECTION 4. This order shall be effective as of January 1, 1974.

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Glossary
Section I
Abbreviations
ACSIM
Assistant Chief of Staff for Installation Management
AR
Army Regulation
ASA(FMC)
Assistant Secretary of the Army (Financial Management and Comptroller)
ASA(IE)
Assistant Secretary of the Army (Installations Environment)
ASA(MRA)
Assistant Secretary of the Army (Manpower and Reserve Affairs)
CFR
Code of Federal Regulation
DA
Department of the Army
DCS, G-1
Deputy Chief of Staff for Personnel
DOD
Department of Defense
DODI
Department of Defense Instruction
EO
Executive Order
FAR
Federal Acquisition Regulation
FBOP
Federal Bureau of Prisons
HQDA
Headquarters, Department of the Army
HQ, IMA
Headquarters, Installation Management Agency
ISA
Interservice, Interagency, or Interdepartmental Support Agreement
MOA
Memorandum of Agreement
MP
Military Police
NAFI
Nonappropriated fund instrumentality

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25

OSHA
Occupational Safety and Health Administration
PL
Public Law
PM
Provost Marshal General
SJA
Staff Judge Advocate
USC
United States Code
Section II
Terms
10 USC 2667 (Leases; Non-Excess Property)
The Federal law governing leases of DOD property.
18 USC 4125(a) (Public Works; Prison Camps)
The Federal law governing services Federal civilian inmates can perform for DOD agencies.
29 CFR 1910 (Occupational Safety and Health Standards)
The Federal law governing workplace safety and health standards.
31 USC 1342 (Limitation on Voluntary Services)
The Federal law prohibiting Federal government employees or officers from accepting voluntary services except as
specifically allowed by law.
Executive Order 11755
Executive Order governing use of non-Federal civilian inmates on Federal contracts.
Civilian inmates
Prisoners incarcerated in a Federal, State, or local government penal facility. Prisoners of a military confinement
facility are not civilian inmates.
Civilian Inmate Labor Program
Legislation, regulations, policies, and procedures governing the use of civilian inmates on Army installations.
Compensation
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.
Corrections facility
Facility providing correctional treatment to civilian prisoners to motivate them for return to the civilian community.
Custodial supervision
Any activity undertaken to ensure charge and control, i.e. guarding inmates. This does not include oversight or quality
assurance.
DA personnel
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.

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Direct labor costs
Costs for inmate labor hours worked, i.e., labor costs charged by the corrections facility for working inmates on Army
property.
DOD personnel
Civilian employees and active duty personnel of the Army, Navy, Air Force, and Marine Corps.
Employment
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.
Gratuity
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.
HQDA
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.
Installation
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.
Interservice, interagency, or interdepartmental support
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
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.
Memorandum of Agreement
The documentation of mutually agreed statement of facts, intentions, procedures, parameters, and policies for future
actions and matters of coordination.
Minimum (level) security inmates
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).
Nominal costs
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.
Oversight
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.
Program administration costs
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

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Quality assurance
Those actions taken by the Government to determine that the services received meet quality, quantity, and timeliness
specifications.
Serious incidents
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.
Section III
Special Abbreviations and Terms
This section contains no entries.

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AR 210–35 • 14 January 2005

Index
This index is organized alphabetically by topic and by subtopic within a topic. Topics and subtopics are identified by
paragraph number.
Accountability of Inmates , 2-3f, 2-3l
Approval Authority , 1-4a
Control and Custody , 2-3f, 2-3k
Cost Avoidance , 1-4k, 2-1b, 2-4a, 4-3b
Credits for Inmate Labor , 2-3b, 3-6c
Damage to Property , 2-3g, 3-3a
Demonstration Project , 1-1, 2-1d
Escape , 1-4h, 2-3e, 3-4c, 3-4d, 4-1
Federal Bureau of Prisons (FBOP) , 2-1a, 3-2b, 3-5
Fraternization , 2-3i
Gratuity , 2-3b
Housing Areas , 2-3a
Inmate Labor Plan, , 1-4, 2-4
Interservice, Interagency, or Interdepartmental Support Agreements (ISA) , 1-4, 1-5, 2-3, 3-3, 3-5, 3-6
Labor Unions , 1-4, 1-5, 2-4
Leases , 1-1, 1-5c, 3-1, 3-2, 3-5
Liability , 2-3i
License, Operators , 2-3b
Local Inmates , 1-1, 1-4k, 2-1, 2-2
Media , 1-4c, 2-3m, 2-4a, 4-2, 4-3d, 4-3l
Medical Care , 2-3j, 3-4b,3-4c
Medical Records , 2-3k
Medical Supplies , 2-3a
Memorandum of Agreement (MOA) , 1-4, 1-5, 2-1, 2-3, 2-4, 3-5, 3-6
Minimum security inmate classification , 2-3e, 3-1
Military Police (MP) , 3-4d, 4-3c
Outgrant , 3-5, 3-6
Oversight/Monitoring , 2-3f, 2-4b, 2-4l, 4-3a
Nominal Costs , 2-3b
Permit , 3-5
Press Release , 2-3m
Prison Camps , 1-1, 1-4, 2-4, 3-1, 3-2, 3-4, 3-5, 4-1, 4-2, 4-5
Real Property , 1-4a, 1-4e, 1-4g, 3-2c, 3-3j, 3-5a, 3-5c
Reimbursement , 1-4b, 2-3b, 2-3j, 3-3i
Rights of Entry , 1-4g
Riots , 1-4h, 2-3e, 3-4c, 3-4d, 3-4e, 4-1
Safety , 2-3a, 2-3b, 2-3f, 2-3i, 2-3l, 2-4b
Security , 2-3k, 2-4b, 3-3b, 3-4, 3-5
Serious Incidents , 1-4h, 2-4a, 3-4c, 4-1
Services Inmates Perform , 2-3c
State Inmates , 1-1, 1-4k, 2-1, 2-2, 2-3e, 3-2, 3-3i, 3-5
Timecards , 2-3f
Training , 1-5c, 2-1d, 2-3b, 2-3f, 2-3i, 2-3l, 2-4b
Voluntary Services , 2-1d, 3-2c
Weapons , 3-4a
Utility , 3-3k, 3-5a, 3-6a, 3-6b, 4-3
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