Army Regulation 210–35
Labor Programhttp://armypubs.army.mil/epubs/pdf/R210_35.PDF(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
(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
(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
(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
(5) No personal vehicles will be used to transport inmates to and/or from corrections facilities, or to and/or from
(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
a p p r o p r i a t e d b y C o n g r e s s . I n m a t e s m a y p e r f o r m c u s t o d i a l t a s k s , b u i l d i n g d e m o l i t i o n , d e b r i s r e m o v a l , m o w i n g ,
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
(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
(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.
AR 210–35 • 14 January 2005 5
(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
(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.
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.