AR 190–47

The Army Corrections System

This rapid action revision, dated 15 June 2006

o Revises policy on Pretrial confinement review procedures (para 3-2(c)3.)

o Corrects typographical errors through the publication.

This rapid action revision, dated 13 December 2005–

o Clarifies and defines federally approved confinement facilities (para 3-2i).

o Changes the grade of the Disposition board chairman and authorizes a civilian employee in the grade of GS-7, or above to substitute for a noncommissioned officer member on a Disposition board (para 5-4c(9)).

o Changes are consistent with DODI 1325.7M, Sentence Computation Manual, dated 27 July 2004 (para 5-8b).

o Distinguishes differences between Initial Screening and Health Appraisal for newly confined prisoners (para 7-2c),(7-2d) and (7-2e)).

o Specifies when return to duty recommendations for approval are processed, the applications will be forwarded to commanders with GCM convening authorityexercising jurisdiction over the facility (para 8-3h(2) and 8-3h(6)).

o Eliminates the Chief of Engineers as the approval authority on designs for new construction or modifications of existing structures for incarceration purposes to designs meeting the American Corrections Association (ACA) standards(para 9-4a).

o Changes the allocation of authorized space per prisoner for reduced and emergency minimum space allocations (para 9-6b-c).

o Adds cell size for individual cells or rooms (para 9-6d).

o Eliminates the use of male and female personnel supervising prisoners of either gender outside immediate living areas (para 9-9h).

o Identifies the Army Centralized Information System (ACIS) utilization for daily reporting on DA Form 3997 and the alternative solution to not using ACIS (para 10-4c(1)).

o Defines pre-paid calls and calling cards and their usage (para 10-11).

o Allows support medical officer to authorize usage of trained correctional personnel to dispense prescribed medication to prisoners when medical personnel are not available (para 11-8c).

o Authorizes facility commanders to establish procedures to subdivide custody grades for incentive purposes (para 12-2b).

o Adds prisoners in suicide risk status will be observed continuously (para 12-6d(5).

o Adds a time limit of 6 days for prisoners to consult with an attorney prior to disciplinary boards (para 12-11a(4) and (12-12c(2)(a)).

o Eliminates the term “highest quality” when discussing evidence that the disciplinary board members must have in support of their recommendations (para 12-13b(1)).

o Revises the policy on military sexual offender notifications to read as directed in DODI 1325.7 (paras 14-1b and 14-2).

This revision, dated 5 April 2004–

o Makes a correction that will improve the victim-witness overall operational effectiveness and cost efficiency (para 13-2g).

o Modifies the requirement that all notifications must be made by certified mail (para 13-2g).

This revision, dated 26 February 2004–

o Establishes Assistant Secretary of the Army (Manpower and Reserve Affairs) (ASA (M&RA)) as the responsible agency for the functions and operations of the Army Corrections Council, the governing body of the Army Corrections System (ACS)(para 1-4a).

o Establishes sitting committee members by agency for the Army Corrections Council (para 1-4a).

o Establishes the Surgeon General and Chief of Chaplains as invitational advisors on the Army Corrections Council (para 1-4a).

o Eliminates the Hospital Prisoner Ward as a separate component of ACS (para 2-2).

o Eliminates the United States Disciplinary Barracks as the only ACS facility authorized to provide permanent incarceration for posttrial officer prisoners (para 2-2c).

o Establishes that associated facilities must adhere to regulatory requirements of AR 190-47 when applicable (para 2-3).

o Establishes the requirement to have a memorandum of agreement or a contract in place before incarcerating pretrial prisoners in a Federally approved civilian facility (para 3-2c).

o Establishes that installations without ACS facilities can confine a prisoner in a Federally approved local civilian jail for 10 days. Also delegates authority to the installation commander to make exceptions for prisoners with sentences to confinement locally for 30 or fewer days in a Federally approved civilian facility (para 3-2i).

o Establishes Department of the Army Provost Marshal General, as the centralized agent to determine place of incarceration for prisoners with sentences of more than 30 days confinement within the ACS facilities (para 3-3).

o Modifies disposition of prisoners to be confined in Federal institutions (para 3-4).

o Modifies and integrates classification plans and adjustment programs to establish criteria of considerations for prisoner custody levels (para 5-4).

o Establishes procedures for professional services support, health care services, and prisoner initial screening (para 7-2c).

o Establishes the facility commander’s responsibility to develop policies and procedures for chaplain support and handling of confidential material (para 7-4).

o Substantially modifies the requirements for professional services, research, and evaluation (para 7-5).

o Adds to disposition board actions the requirement that a prisoner have employment or assistance finding employment (para 8-9c(2)(e)).

o Modifies the standards for facility management, physical plant, and equipment (para 9-4).

o Establishes the ACS facility commander’s responsibility to develop policy procedures to implement fire prevention program (para 9-5a).

o Establishes authorization for ACS facilities to use oleoresin capsicum pepper spray as a use of force technique (para 9-7b).

o Eliminates the prohibition against the use of rifles or automatic weapons as security measures (para 9-7c).

o Eliminates the prohibition against the use of pistols and revolvers as security measures (para 9-7f).

o Eliminates MACOM authority to approve temporary exceptions and establishes a centralized approving authority for provisions in chapter 9 (para 9-8).

o Establishes criteria for management staffing requirements to be based on maximum capacity, mission, and operational requirements (para 9-9a).

o Specifies criteria that persons with felony convictions will not be employed on the permanent, paid staff of ACS facilities (para 9-9b).

o Establishes criteria for ACS commanders to develop a volunteer program (para 9-9f).

o Establishes requirements for corrections personnel to be trained to respond to health-related situations within 4-minute response time (para 9-9g).

o Establishes requirements for ACS facilities personnel training to maintain written orders for every security post (para 9-10c).

o Specifies guidelines for DNA analysis processing (para 10-1b(20)).

o Eliminates correctional treatment file requirement to maintain DD Form 512 (Installation Parole/Minimum Custody Agreement) (para 10-5).

o Establishes the requirement that prisoner personal property and funds be held in a transparent 16×12 inch envelope for storage of prisoner personal property (10-7a).

o Authorizes prisoner mail to be handled by a certified mail handler, regardless of rank (para 10-10b(2)).

o Establishes referral of prisoner mail rejection appeals to the facility commander or the next level in the chain of command (para 10-10b(6c)).

o Eliminates authorization for property and funds to receive second-party checks (para 10-10b(8)).

o Eliminates authorization to open prisoner mail with civilian or individual military counsel listed on DA Form 2569-R (Attorney of Record Designation (Civilian and Individual Military Counsel)), unless there is reasonable doubt of its authenticity or reasonable certainty that the mail contains contraband (para 10-10b and c).

o Rewrites portions of pay, subsistence, and gratuities procedures (para 10-17).

o Eliminates the requirement that escorts of pretrial officer prisoners be of equal or greater ranks (para 10-19h(9)).

o Authorizes ACS commanders to develop procedures for movement of maximum custody prisoners incarcerated in their facilities (para 11-3b(2)).

o Rewrites procedures for security of controlled items (para 11-8).

o Establishes the requirement that, during coordination for transport of prisoners by escorts, information about the prisoner must be provided to the passenger service officer (para 11-9b(1)).

o Rewrites procedures for hospitalizing prisoners (para 11-12).

o Establishes that prisoners in disciplinary segregation held for periods exceeding 60 days will be provided the same program services and privileges as prisoners in administrative segregation (para 12-4e).

o Establishes authority for prisoners submitting appeals as a result of Disciplinary and Adjustment Board actions within 15 working days at a minimum (para 12-5b).

o Establishes that prisoners considered suicide risks be checked at least every 5 minutes (para 12-6d(5)).

o Establishes that prisoners in segregation will be allowed a minimum of 1 hour per day, 5 days a week, of physical exercise (para 12-6d(7)).

o Establishes that the facility commander is responsible for investigation of incidents and must develop policies and procedures to guide appropriate investigations and establish timelines for investigating violations (para 12-10a).

o Eliminates the requirement for a victim-witness coordinator to provide a cover letter with DD Form 2705 (Victim Witness Notifications) (para 13-2a).

o Establishes the requirement that when the victim-witness coordinator does not receive DD Form 2704 (Victim/Witness Certification and Election Concerning Inmate Status) within 48 hours of a prisoner’s arrival, the coordinator should immediately contact DAPM central repository manager or the victim/witness liaison at the location where the prisoner was court-martialed (para 13-2a).

o Makes Department of the Army, Provost Marshall, responsible for a monthly report to other service central repositories of program enrollments at ACS facilities not later than the 25th day following the closing month (para 13-7b).

o Establishes the policy for ACS facilities on sex offender registration (chap 14).

o Rescinds DA Form 1478 (Prisoner’s Summary Continuation Sheet).

 

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