The United States Disciplinary Barracks System

• Author: Lieutenant Colonel Ralph Herrod
• Pages: 02

"Pending completion of appellate resiei, the vis-oneI *ill be confined in the Unlted States Dircipiinarg Barracks, Fort Leavenworth. Kanms."

1. INTRODUCTION

   So read the concluding iines of the convening authority's action wherein, in accordance with pertinent departmental repulations, a branch United States Disciplinary Barracks is designated as the place of confinement.' With the promulgation of the initial Genearl Court-Martial Order, the record of trial by general court-martial ia transmitted to The Judge Advocate General of the Armed Force concerned, and the adjudged prisoner% is transferred to the designated disciplinary barracks.

   This article is not intended to be a treatise on the intricate techniques of a confinement facility. It is intended to clarify and interpret the broad provisions of the Department of Defense Instruction entitled "Uniform Policies and Procedures Affecting Military Prisoners and Places of ConfinemenP as pertinent to Army male prisoners confined in United States Army-operated disciplinary barracks and to answer many questions asked by judge advocate officers on the subject.

   The United States Disciplinary Barracks and its branches are authorized by Title 10, United States Code, section 1451, et seq. Each disciplinary barracks is under the command of the Con. tinental Army Commander within whose jurisdiction it is located:

   *Defense Appellate Caund, Office

   of The Judge Advocate General, U.S.

   Army, Washington, D.C.; member of the Arkansas State Bar, U.S. District Court, U.S. Court of Military Appeals, and US

   Supreme Court: graduate of Arkansar Law School: and Staff Judge Advocate, Branch United Srates Dineiplinsry Barracks, Lampoc, California, from 16 July 1966 to 31 August 1958.

   'AR 633-6. 4 Sen 1967'Id par. Ze. An enhsted military person or eidiian in confinement pnr. Jvant to sentence by a eaurt-martial which, as approved by the convening authority, ineludei Confinement vhieh has not been ordered executed and is BWBltlng COmpletion of appellate reYiev.

   'Department of Defense Instructional Letter entitled Uniiorm Polities and Procsdvirs Affecting Y%Iitary Pnsonera and Places of Confinement dated 14 Jan 1865.

   'Par. 4b. SR 210-186-1, 31 May 1961, as amended.

   *oo "0348 35

   MILITPIRY LAW REVIEW

   The Commandant af a disciplinary barracks is designated for the Department of Arms by The Provost Marshal General with the appointment being consummated by the pertinent Arm? Area Commander.

   The mission of a disciplinary barracks as the custodian of Army and Air Farce prisoners i s to promote their reformation and rehabilitation with a view to their honorable restoration to military duty or return to civil life ad ureful citizens. Discipline in a disciplinary barracks is adminstered on a corrective rather than punitive basis. There is no "rock pile." Assigning tasks that serve no useful purpose is prohibited as is making prisoners hold arm8 in a folded position, or in an extended, strained position, for prolonged periods: we of the lock step: clipping prisoner's hair to a length of less than five-eighths af m inch (except for medical reasons) ; requiring silence at meals (except while at attention or as a temporary measure) : use af the ball and chain or irons (except far the purpose of safe custody1 ; or other cruel or inhumane treatment such as flagging. branding, tattooing the body, or any other punitive measures not specifically authorized by regulations.

   Upon arrival at the diciplinar:v barracks, the prismer'8 commitment papers are examined. Tu be accepted, the prisoner must have six months or more remaining on his sentence to confine-mem5 The confinement of prironers in a disciplinary barracks pending trail by court-martial 1s not authorized, unless such prisoner~ are serving previously adjudged court-martial sentences.6 Officer prisoners are not confined in a dieciplinary barracka.' However, once his status changes from that of an officer-prisoner to that of a sentenced prisoner, the individual may be transferred to a disciplinary barracke for confinement therein.

   The prisoner's commitment papers having been found to be in order, the prisoner is given a preliminary medical examination, fingerprinted and photographed. Valuables and personal property (including his record of trial by court-martial) are inventoried and placed in an individually sealed container, xhich is filed in the Personal Property Section. He is given a haircut," iswed

   'Par. 4b. AR 633-5, 24 Se? 1957, as changed by C 3, 11 Feb 1959.' I d par 3d

   Id. par. 46(3).'There 16 no prescribed type of cut. Thereafter. each prisoner receive8 a. hair c1t at the diieiplinary barracks barber school ar tua-iveek intervals. There 18 no charge made for the hair eutr

   special clathing,a and is assigned to the Reception (quarantine) Barracks. The purpose af such segregation is three-fold: to discover any contagious disease: to assist the prisoner in his transition and orientation to life in a penal institution; and to study and observe him under controlled conditions and complete his orientation.

   During this particular phase, one of the most important documents to confinement authorities is the staff judge advocate's review. For the first few weeks after the prisoner's arrival, the staff judge advocate's review, along with the General Court-Martial Order and the previous confinement officer's report, is the only information available, other than the accused's own story concerning the reason for his incarceration. The review furnishes an impartial summary of personal background information from both the military and civilian standpoint. The comments of the staff judge advocate as to a man's potentialities far restoration are a weighty factor in deiermining his immediate future.

   The disciplinary barracks does not directly receive a copy of the prisoner's record of trial. The prisoner's individual copy is sometimes retained by him in his personal property file, but frequently he has destroyed it or mailed it to his home. If retained in his personai property file, no person has acces8 to it without the prisoner's consent.

   Following the initial phase of the processing procedure, the prisoner is scheduled for a series of orientation lectures and interviews with members of the professional staff, i.e., the Education Officer, Chaplain, Judge Advocate, Social Worker, Psychologist, Psychiatrist, and Medical Officer. During this phase of processing, members of the educational staff interx7iew him and administer aptitude and intelligence tests. An educational folder is prepared, and the prisoner given preliminary educational and vocational counseling. He is interviewed by the Chaplain with respect to his religious background, advised of the church services aiailable and invited to participate in the various religious pro. Srams offered. The Judge Advocate's orientation consists of a resum6 of the court-martial appellate procedures prescribed by the Uniform Code of Military Justice. Approximately 90 percent of the prisoner8 arriving at the disciplinary barracks are in an adjudged (appellate review not completed-sentence not finalized) status. It is absolutely essential that each prisoner be given the

   'Shirt and troUBers fx'oo1 or khaki) : HBT work umform. All outer garments are of B "idbrown" edor and bear the initials "USDB."

   *oo lOltE 37

   same factual lecture; any and all false rumors be dispelled; and that erroneous information previously given by well-meaning "guard-house" lawyers be corrected. In addition, Board of Review decisions, in many cases, have been forwarded to the disciplinary barracks prior to the arrival of the prisoner. These are immediately served on him, and he is counseled by a lawyer regarding the apparent merits of his case as well as his righta to petition the Court of Military Appeals far a grant of re\,iew.

   The Social Worker prepares a background paper on the prisoner which includes a discussion of the offense (including the prisoner's version), a personal history, general background, and information on his educational and occupational deuelopment, social history, environment, and military career. This entire report is substantiated by FBI files, school and military records, etc., before being put in finai form. The report also includes a personal evaluation of the prisoner, including recommedations for planning his prison career. This last step is a subjective evaluation designed to enable the commandant and confinement officer better to rehabilitate the individual and to place him in a jab which will give him the moat satisfaction commensurate, of course, with his custody clearance.

   All prisoners are tested with the Xultiphasic Personality Inventory Test, a sentence completion test, and a picture drawing test. The first consists of 550 questions on the individual's environment-family, personal, ethical, and physical. The second test calls for the primner to fill in a blank space, which will gire sense and meaning to the question. This gives valuable clues to the examiner about the person and hia mental atmosphere. The picture-drawing test is often the most revealing of the three. In it, the prisoner is asked to draw the picture of a person of either sex, after which he i8 asked to draw a person of the opposite 6ex. The Size and intricacy of the drawing, the position of the drawing on the paper, development of the figure and many other paints of evaluation aid the expert in his analysis of the prisoner. After the initial tests, the psychologist will evaluate each of the pris-oners and select those who show a need for further testing. Ta this special class of prisoners, he ail1 administer a Thematic Aperception Test and the Rohrschach Test. The Thematic Aper. ception Test is merely a drawing of a situation, a dramatic scene, and the prisoner is asked to describe what is happening in his own words. Nothing in particular IS suggested by the scene; the story described is the prisoner's awn and may be very revealing

   38...