26. The procedures of this and other Army regulations that address incarceration,
a. ACS facilities designated for incarceration of female prisoners will be modified, to
provide for separate living and personal hygiene areas from male prisoners.
b. Female prisoners will be incarcerated in ACS facilities when directed by DAPM.
27. Officers exercising court-martial jurisdiction will designate places of confinement IAW
the policies set forth in AR 190-47. This action will not affect any commander's authority under the
MCM, US, 1984 (paragraph 88) and the UCMJ (Articles 64 and 71[d]) to return the prisoner to
honorable duty status. In determining the place of confinement, notice will be taken of the
requirement that a prisoner whose sentence has not been ordered executed will not be subjected to
conditions of confinement more rigorous than necessary to ensure his presence. In determining the
place of confinement for officer prisoners, notice will also be taken of the fact that the right of an
officer to privileges pertaining to his rank may preclude work assignments.
28. USDB is the ACS maximum custody facility that provides long-term incarceration for
military prisoners for all services. It is the only ACS facility authorized to incarcerate permanently
post trial prisoners with a prison sentence of death.
29. When sentence to confinement is approved and ordered executed: The accused will be
confined in (name of facility) and the confinement will be served therein or elsewhere as competent
authority may direct.
30. When sentence to confinement is approved but not ordered executed pending
completion of appellate review: The accused will be confined in (name of facility) or elsewhere as
competent authority may direct, pending completion of appellate review.
31. Except in those instances where suitable military ACS facilities are not available, all
military prisoners will be incarcerated initially in military facilities. Authority to transfer prisoners
to ACS or to federal institutions is retained by DAPM. Cost of transportation and subsistence
incurred in the transfer of a military prisoner from place of trial to initial place of incarceration will
be at the expense and responsibility of the losing unit. Any other subsequent place of incarceration
for the convenience of the government, to include federal Institutions, will be at government
32. Recommendations to confine ACS prisoners in federal institutions will be forwarded to
DAPM. Incarceration of a prisoner in a federal institution may be approved regardless of whether
the convening authority has approved the sentence to confinement. ACS facility commanders will
deliver prisoners under their control to federal institutions. The commander of the losing facility
will act as the custodian of all records of that prisoner confined in federal institutions.
33. Pretrial prisoners will be retained at a local ACS, other-service, or other federally
approved civilian facility through completion of courts-martial. Eligible post trial Army prisoners
will be expeditiously transferred to the appropriate correctional facility within 7 working days
(coordinate with DAPM for Outside the Continental United States [OCONUS] facilities) following