17. ACS facilities will not be used to carry out correctional custody as defined in the
Manual for Courts-Martial (MCM) (Part V, paragraph 5c 4), nor will correctional personnel
(military occupational specialty 31E) be used to operate correctional custody facilities.
18. Based on operational requirements and programs, DAPM will determine place of
incarceration for prisoners who are sentenced to more than 30 days. DAPM will develop and
announce specific prisoner assignment criteria and direct prisoner transfers, as appropriate. Copies
of changes in the assignment criteria will be forwarded to Clerk of Courts, ATTN: JALSCCZ, US
Army Court of Criminal Appeals, US Army Legal Services Agency, 901 North Stuart Street,
Arlington, Virginia 22203.
19. During peacetime, the Army operates the United States Disciplinary Barracks (USDB)
and confinement facilities for the confinement of prisoners. Rehabilitation training centers may be
operated during wartime and periods of emergency IAW appropriate regulations.
20. Detention Cells (D Cells). Provide for the temporary detention of personnel under
military police jurisdiction and the temporary confinement of military prisoners when a military
corrections or confinement facility is not available. Detention will not exceed 24 hours, except in an
exceptional circumstance such as that involving a transportation limitation.
21. When a person subject to the UCMJ is placed in confinement, the Army accepts full and
complete responsibility for his physical safety and welfare. Confinement facilities with small
prisoner populations may be operated by combining administrative functions and detailing other
command personnel on an additional duty basis under supervision of qualified correctional
personnel, as determined appropriate by the commander. Deviation from other provisions affecting
the custody, control, and correctional treatment of prisoners is not authorized.
22. When a military prisoner is to be removed temporarily from the facility to undergo trial,
or for other purposes, the commander of the facility will assure the safe custody, control, and
welfare of the prisoner during such temporary periods. Normally, a prisoner who is to be removed
from a facility for such purpose will be placed in the immediate custody of mature military
personnel or senior noncommissioned officers of the confining unit, who will assure his physical
welfare and humane treatment.
23. Soldiers ordered into pretrial confinement will be confined in Army confinement
facilities whenever practicable. When memorandums of agreements/contracts are established,
pretrial prisoners may be confined at any federally approved civilian confinement/corrections
facility. Pretrial prisoners may not be confined at the USDB.
24. Hospitalized prisoners will be placed in a specifically designated medical treatment area
for proper custody and control unless the hospital commander directs otherwise.
25. Members of the Armed Forces of the United States will not be incarcerated in
immediate association with Enemy Prisoners of War (EPW) or other foreign nationals not members
of the Armed Services of the United States, unless the EPW or foreign nationals are being detained
under military control for suspected or proven criminal conduct.
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