DEPARTMENT Office of the Chief Washington, OPNAV

8/14/2019 DEPARTMENT Office of the Chief Washington, OPNAV

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DEPARTMENT OF THE NAVY OPNAVINST 16 40 .9Office

OPNAV INSTRUCTION 1640.9From: Chief of Naval OperationsTo:

Subj:

Ref:

Encl:

All Ships and Stations (less

of the Chief of Naval Operations Pers -84Washington, DC 20350 1 7 Apr ii 19 92

MarineCorps field addressees not having Navypersonnel attached)GUIDE FOR THE ADMINISTRATIONOF DETENTION FACILITIES(a)(b)(c)(d)

(1)(2)

SECNAVINST 1640.9AMIL-HDBK 1037/4 (NOTAL)Manual for Courts-Martial, 1984National Fire Protection Associa-tion (NFPA) 101 Life Safety Code1980 (NOTAL)

Pretrial Confinement FacilitiesOperationsDetention Spaces and Holding CellOperations

1. Purpose. To provide direction and guidancefor the standardized operation of Naval detentionfacilities. This instruction and references (a),(b), (c) and (d) are applicable to the operation. of these facilities.2. Definitions. As used in this document, thefollowing definitions apply.

a. Detention. The temporary holding incustody of persons pending the decision toofficially charge them with a criminal offense.b. Pretrial Confinement. The temporaryholding in custody of persons, who have been

officially charged with a criminal offense, prior todisposition by a court.

c. Detention Facility. A generic term thatincludes pretrial confinement facilities, detentionspaces, and holding cells, all of which aredefined as follows.

(1) Pretrial Confinement Facility.A detention facility used for detention, pretrialconfinement, and, as a matter of necessity insome cases, post-trial confinement up to 30days.

(2) Detention Space. A detention facil-ity used for detention not to exceed 8 hours,and may be a cell, room, or other berthing spaceof the shore establishment.

(3) Holding Cell. A detention facilityused for detention not to exceed 24 hours duringthe work week, not more than 72 hours over aweekend, and not more than an additional 24hours over an official holiday weekend. Thislimitation may be extended on a case-by-casebasis for up to 30 days by the Chief of NavalPersonnel (CHNAVPERS) (Pers-84).3. Discussion

a. This instruction is provided to clarify therequirements of reference (a) as they apply todetention facilities. With the exception of theclarifications in this instruction, the articles inreference (a) apply to detention facilities.CH!XAVPERS (Pers-84) will establish programsand staffing guidance separately.

b. A pretrial confinement facility shall beinspected by the CHNAVPERS (Pers84) andapproved by the Secretary of the .NTavy(SECNAV) as a naval place of confinement.When approved by SECNAV as a naval place ofconfinement, a pretrial confinement facility maybe used for detention, pretrial confinement and,as a matter of necessity in some cases, post-trialconfinement up to 30 days.4. Status of Forces Agreement (SOFA).Personnel being held for foreign court jurisdic-tion at remote overseas activities may also beconfined in detention facilities approved byCHNAVPERS for periods specified by theSOFA,

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OPNAVINST 1640.91 7 AP I ? g y

PRETRIAL CONFINEMENT FACILITIES OPElU4TIONS

Enclosure (1)


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OPNAVINST 1640.91 7 APR I W

PRETRIAL CONFINEMENT FACILITIESChapter 1 Policy101 Applicability102 General103 Philosophy

104 Authority to OperateChapter 2 Physical Plant201 General202 Discrepancies203 Physical Plant StandardsChapter 3 Staff

301 General302 Manning303 Other Personnel304 Training305 Other

Chapter 4 operations401 General402 Facility Instruction403 Confinement, Release, Transfer

Chapter 5 programs501 Reception502 Classification503 Individual Counseling504 Physical Training505 Recreation506 Work507 Other ProgramsChapter 6 Administration and Records601 General602 Records603 Incident Reports

Enclosure (1)

I I 1 1


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OPNAVINST 1640.9~~ A? l tIW2CHAPTER 1POLICY

101. Applicability: All naval pretrial confinement facilitiesdesignated by the Secretary of the Navy as naval places ofconfinement per reference (a).102. General

a. The mission of pretrial confinement facilities is to:(1) Provide safe, clean, and secure confinement for

personnel subject to the Uniform Code of Military Justice (UCMJ)who are awaiting trial or serving short term (up to 30 days)confinement due to disciplinary action.

(2) Support the maintenance of good order and disciplineamong Naval personnel.(3) Provide orientation, classification, work, physical

training, counseling, religious activity, leg+ servic:t medicalattention, mail delivery, visiting opportun~tlesr and lndlvldualand family support as appropriate.

b. Pretrial confinement facilities may be established inareas where: a brig is not readily accessible; the Navy needspretrial and very short term post-trial confinement; the averagenumber of detainees or prisoners does not justify more than 20confinement spaces; and the full range of correctional programsprovided by Navy brigs is not required.

c. Definitions(1) Confinement. Is the physical restraint of a person,in a facility des~gnated specifically for that purpose, and inwhich restraint is effected in part by use of special securityfeatures, including the locking of doors and accesses to thefacility as set forth in reference (b). Navy pretrialconfinement facilities are established by Secretary of the Navy(SECNAV) to provide facilities for carrying out the mission in

paragraph 102a.(2) Detainee. Person legally ordered into confinement

per reference (c), RCM Rule 305, pending trial by court-martialor a rehearing.

Enclosure (1)


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OPNAVINST 1640.917 APRW

(3) Pretrial Confinement Facility. A specific detentionfacility within the command authorized by the Secretary of theNavy to carry out the mission set forth in paragraph 102a.(4) Prisoner. person held in confinement by sentence ofcourt-martial or, m the case of Bread and Water/Diminished

Rations (BW/DR) prisoners, imposition of nonjudicial punishment(NJP).(a) Adjudqed Prisoner. persons confined by a court-martial sentence --neither deferred nor suspended--awaiting actionby the convening authority.(b) BW/DR Prisoner. Persons confined by court-martial or impos~t~on of NJP,, for a period not to exceed 3consecutive days, who are attached to a ship and awarded a diet

of bread and water or diminished rations. The amount of rationsshall be as specified by Article 7103.2 of reference (a).(c) Sentenced Prisoner. Adjudged prisoners whoremain in confinement to serve their court-martial sentence afterthe convening authority has acted thereon.

(s) Confined personnel (Confiners). All detainees andprisoners confined in the facility.

(6) Life Safety Discrepancies. Discrepancies thatthreaten human life or safety. Most such discrepancies occur inthe fire protection or physical security areas.103. Philosophy

a. Allowing for their legal status and securityclassification, persons in naval confinement shall be treateduniformly and in full accord with the provisions of the UCMJ.The major purpose of all confinement awarded in detentionfacilities, whether by court-martial or NJP, is the correction ofthe members conduct and restoration of the member toconstructive duty as soon as possible; prisoners not beingrestored should be transferred to a brig as soon as practicableafter court-martial, allowing for defense counsel to completeappellate preparation procedures, normally 7-10 days.

b. Confined naval personnel retain all the rights andresponsibilities of service personnel in a duty status exceptthose which are expressly, or which follows as a logicalconsequence of imprisonment, taken away under the provisions ofthe UCMJ and those regulations as may be issued by competentauthority.

Enclosure (1) 1-2


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OPNAVINST 1640.9~ 7 APRW?c. Discipline must be administered uniformly and on acorrective rather than a punitive basis.

104. Authority to Operate. A pretrial confinement facility is.an author~zed naval place of confinement. Authority to operateis by approval from the Secretary of the Navy via the Chief ofNaval Personnel (Pers-84) initially, and by inspection by themajor claimant annually thereafter. Requests for initialcertification or closure shall be submitted via the chain ofcommand to Pers-84. All requests shall include justification andthe proposed date for beginning or ceasing operation.

1-3 Enclosure (1)


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OPNAVINST 1640.9~? APR 1 9 9 2

CHAPTER 2PHYSICAL PLANT

201. Generala. Standards. At least two single occupancy confinementcells ar-d for segregation of problem prisoners/detaineesand to provide separation of opposite sex confined personnel.

Minimum inside dimensions and construction will conform toreference (b) for new construction, renovation, or alteration.Existing cells will be at least 6 feet wide, 8 feet long and 8feet high. Multiple occupancy holding cells are authorized forvery short term detention periods (up to 8 hours); in theser eachdetainee will be provided a minimum of 20 net square feet.Single cells as specified above, or dormitory spaces providing 72square feet per prisoner/detainee, exclusive of head space, areauthorized for confinement in excess of 8 hours.

b. Inspections. pretrial confinement facilities will beregularly Inspected for cleanliness, adequate lighting andventilation, general repair~ Securityr and safety.(1) Daily security and sanitation inspections shall bemade by a senior member of the security staff.(2) The facility will be inspected at least monthly by amember of the medical department to ensure the physical plantmeets accepted health and environmental standards, and thatdetained personnel are provided adequate health services. Arecord of all inspections shall be entered in the facilitys

daily log.c. Security. Refers to policies, procedures or equipmentneeded to operate an orderly and secure facility and to problemswhich present a danger to staff or confined personnel that may beimmediately life threatening. Examples are:

(1) locking devices/doors(2) valves and switches(3) electrical control/locking systems

Enclosure (1)


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OPNAVINST 1640.91 ? APR 1~

d. Habitability items include areas that are not normallysafety or security threats. For example:(1) heat(2) light(3) ventilation(4) plumbing/heads/shower(5) furniture and lockers

202. Discrepancies. Physical plant discrepancies will beresolved as follows:a. Life-safety and serious security discrepancies will beimmediately corrected and no waiver or deferral will be grantedexcept as provided by reference (a). All other discrepancieswill be corrected no later than the next scheduled functionaladequacy inspection; as required by Chief of Naval Personnel

(CHNAVPERS) (Pers-84); or as required by the major claimantduring the annual inspection. Waivers may be granted by theCHNAVPERS (Pers-84) as appropriate and will be based oncompensatory operational procedures or other efforts that reducethe threat to the maximum extent possible, and on endorsements bythe chain of command.

b. Habitability requirements should be corrected at theearliest possible time as funding and personnel permit.

Permanent waivers for other than life safetydisc~~pancies will be granted only by the CHNAVPERS (Pers-84) andonly in unusual circumstances.203. Physical Plant Standards for Pretrial ConfinementFacilities

Pretrial confinement facilities shall meet all currentlifea~afety criteria in accordance with reference (d).

Enclosure (1) 2-2

b. New security standards issued in the future will beapplicable as determined by the CHNAVPERS (Pers-84). Waivers maybe requested where conformance to new regulations are notfeasible or practical and the discrepancy is not a serious threatto the life safety of staff and confinees.


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OPNAVINST 1640.91 7 APR1 9 9 zCHAPTER 3

STAFF301. General

a. Billet Titles. The following billet titles shall beutilized in all pretrial confinement facilities.(1) Chief Petty Officer in Charge (CPOIC). The CPOIC isdirectly responsible to the commanding officer for the humanecare, custody, discipline, safety, welfare and treatment of

personnel in the facility.(2) Administrative Counselor. The AdministrativeCounselor is directly responsible to the CPOIC, for correctionalprogram activities, individual and group counseling, training,

records keeping and other administrative tasks as directed.(3) security Specialist. Security Specialists may beresponsible directly or indirectly to the CPO for the maintenanceof good order and discipline, sanitation and the accountabilityand welfare of personnel confined in the facility.

302. Manninq. Pretrial confinement facilities shall be mannedwith a mln~mum of one CPOIC (NEC 9575) , one AdministrativeCounselor (NEC 9516) and 15 Security Specialists (NEC 9575).

303. Other Personnel. other base or station staff may betrained locally and used as escorts. Qualified escorts will beissued a NAVPERS 1640/18, Prisoner Escort Identification Card.304. Training

a. All personnel assigned permanent change of station (PCS)to billets designated to operate the pretrial confinementfacility will be provided Corrections Specialist (NEC 9575)training en route.

b. Each facility shall maintain an effective pre-service andin-service training program. All staff members shall bequalified using the appropriate Corrections Specialist JobQualification Requirements (JQR), prior to being assigned to awatch station.305. Other

a. All personnel assigned shall meet the personnelassignment criteria of reference (a).Enclosure (1)


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OPNAVINST 1640.9~ 7 APR 1 9 9 2

b. Staff members shall wear standard military uniforms andmaintain high standards of military appearance, physical fitnessand military bearing.c. In those cases where other services use the facility,they may be tasked to provide trained and qualified staff members

in proportion to the number of personnel of that serviceconfined. These staff members must meet the same qualificationsas required for Navy staff. Management will be by Navy staffonly.d.present

controlcell or

A minimum of two qualified staff will be on duty andwhen the facility is in use. One post shall be in thecenter and function as the duty officer, the other in thequarters area.

Enclosure (1) 3-2


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CHAPTER 4

OPNAVINST 1640.91 7 A PR I WL

OPERATIONS401. General

a. Routine operational procedures will be per reference (a).b. Daily Schedule. The daily program and schedule may varydepending on the individual needs of the prisoners and detainees,

but the schedule will provide for all work and programrequirements specified in this instruction.402. Facility Instruction

a. The pretrial confinement facility will operate underlocal procedures, based on this instruction and reference (a),that includes procedures for:

(1) Emergency bills-- Fire and disaster.- Riot and disorder-- Escape/attempted escape(2) others, as needed(3) Daily routine(4) Security procedures and searches(5) Use of force(6) Control and maintenance of keys, tools, and securityequipment(7) Confined personnel rules and regulations(8) Staff rules and regulations(9) Post orders

b. Confined personnel rules and regulations will address, asa minimum:(1) Rules regarding escape and disorder, obedience,safety and searches(2) Appearance, military courtesies and bearing

Enclosure (1)


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OPNAVINST 1640.9~ ~ APR 1 9 9 2(3)(4)(5)(6)(7)(8)(9)

(lo)(11)

Daily scheduleEmergency billsOrientationSmokingWorkCounselingOther programsMail, visiting, telephoneDisciplinary measures

403. Confinement, Release, Transfera. Procedures will be per reference (a).b. All confinements will be documented by NAVPERS 1640/4,Confinement Order.

(1) Personnel under the influence of drugs and/or alcoholwill not be confined for safekeeping.(2) Emergency pretrial detention is permitted when thereis reason to believe the individual is a danger to personnel orproperty. The order to confine may be oral or written per Rule

305, UCMJ.thereafter.(3)examination

Required procedures wiil be accomplished i&ediatelyMedical procedures will provide for a physicalprior to confinement as set forth in reference (a).

co Temporary release/work details will be documented usingthe DD Form 629, Receipt for Prisoner or Detained Person.d. Permanent release from confinement will use the DD Form367, Prisoners Release Order.

Enclosure (1) 4-2


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OPNAVINST 1640.91 7 A P R 1 9 9 2Transfers between pretrial confinement facilities andbrig~will be accomplished using DD Form 629. The originalNAVPERS 1640/4, with medical certification, and the current file

for the confined personnel will be provided to the receivingfacility upon transfer. The transferring unit may retain copiesof key documents from the file to assist in responding toinquiries received following transfer.

4-3 Enclosure (1)


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OPNAVINST 1640-91 7 A P R 1 9 9 2

CHAPTER 5PROGRAMS

501. Reception. The detainee reception phase shall beaccompl~shed during the first workday after confinement, and,during the initial interview the following topics should becovered:

a.b.c.d.e.f.9*h.i.jD

purpose of the detention facilityRules and regulationsChain of commandWork assignmentsDaily routineInterviews and request chit processMail and visitingEmergency billsHealth and comfort itemsTelephone use

502. Classification. NAVPERS 1640/20, Assignment of InitialCustody Classification will be medium-in until further custodyclassification is performed. Maximum custody will be assignedwhen warranted. Objective Reclassification will use NAVPERS1640/21.503. Individual Counseling

The counselor will conduct the initial interview of thedeta~~ee during the first 24 hours of confinement. Thisinterview should be geared toward ascertaining backgroundinformation, discussing reception topics and answering questionsas well as observing the detainees/prisoners mental status andbasic well being. After the initial interview eachdetainee/prisoner shall be interviewed by the counselor in a one-on-one session at least weekly and these sessions should last fora 1/2 hour or longer.

Enclosure (1)


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OPNAVINST 1640.91 7 APR 1 9 9 2

b. At the conclusion ofcorrectional counselor shall an initial counseling session, thecomplete DD Form 1476, the PrisonerAdmission Classification Summary-Data for the prisoner/detainee.Upon conclusion of each follow-up individual counseling session,the correctional counselor will record his or her impression ofthe session, subject matter and progress made on DD Form 1478,Prisoner Summary Continuation Sheet. In addition, the counselorshall record the time the session commenced and terminated onthese forms.504. Physical Traininq. Personnel confined or assigned to adetention fac~l~ty shall perform physical training in accordancewith the program contained in OPNAVINST 611O.1D.505. Recreation. All prisoners/detainees shall have access tophysical and non-physical recreation activities after workday hasbeen completed.506. Work. All prisoners/detainees shall be employed in a workschedu~hat is at least as arduous as the average sailor atseat i.e., full workday 6 per week. Prisoners may be workedoutside the security perimeter of the facility when their custodyreclassification is medium-out or minimum.507. Other programs. Reliance on base support for counseling ofsubstance abuse referral and other needed services is encouraged.

Enclosure (1) 5-2


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OPNAVINST 1640.917 APR1992

CHAPTER 6RECORDS AND REPORTS

601. General. Accurate records must be established andmainta~ned as a part of the daily operation of a pretrialconfinement facility.602. Records

a. The following forms and logs are to be maintained:(1) Facility log. The facility log is a permanent daily

record of the operation of the facility maintained at the controlcenter.

(2) Medical log is a permanent record of medicalactivity, visits~ and medication(3) NAVPERS 1640/12, Daily Report of Prisoners Receivedand Released.(4) Disciplinary log, visitor log, key log and privileged

correspondence log.b. Prisoner/Detainee File. The following records, when

used, will be ma~nta~ned n a prisoner/detainee file. (Anasterisk (*) denotes applicable requirements for Bread and Waterprisoners. )

*(1) NAVPERS 1640/4, Confinement order(2) Court-Martial Order(3) Results of Trial letter.(4) DD 629, Receipt for Prisoner or Detained Person

*(5) DD 367, Prisoners Release Order*(6) NAVPERS 1640/19, Initial Contact Sheet for all

confined personnel(7) NAVPERS 1640/10, Work and Training Report(8) NAVPERS 1640/13, Prisoner/Awardee Evaluation Report(9) NAVPERS 1640/9, Disciplinary Report

Enclosure (1)


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(10 ) NAVPERS 1640/8, Conduct Record*(11) NAVPERS 1640/17, Inventory and Receipt of Valuables,Clothing and Personal Effects*(12) DD 509, Inspection Record of Prisoner in Segregation(13) DD 504, Request and Receipt for Health and Comfort

Suppliesc. Funds and Valuables. Processing the funds and valuables

of confined personnel w~ll be in accord with reference (a) andspecified in the facility instruction.d. Personal Property. Procedures for processing personalproperty will be in accord with reference (a) and specified in

the facility instruction.603. Incident Reports. Intended to keep higher authority.informed of events wh~ch could result in embarrassment to theNaval Service or focus attention on the confinement facility inquestion, these reports shall be submitted as follows: -

a. Reports will be submitted as ,RCS JCS-FM (3501), UnitSituation Reports (UNIT SITREP) or OPREP-3 Navy Blue Reports,whichever is appropriate, in compliance with OPNAVINST 31OO.6F(NOTAL).

b. The following type incidents or alleged incidents shallbe reported:- escape, attempted escape- death of confined person

suicide, or attempt, by confined personmass strike or disruptive actionincidents with racial overtones- incidents of maltreatment or abuse of confinedpersons

other incidents which could result in embarrassmenttot or focus public attention on, the confinement facility or theUnited States Navy.

Enclosure (1) 6-2


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OPNAVINST 1640.91 7 A PR 1 S 3 2

DETENTION SPACE AND HOLDING CELL OPERATIONS

Enclosure (2)

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OPNAVINST 1640.91?APR199zChapter 1 PolicyChapter 2 Physical Plant201 Authorization202 Number and Location

203 other Facilities204 Size205 Materials and Equipment206 InspectionsChapter 3 Staff301 Staff302 Training303 ForceChapter 4 Control401 Violent Detainees

402 Emergency Measures403 Force

Chapter 5 programsChapter 6 Records601 Log602 FileChapter 7 Detention, Release, Transfer701 Detention702 Release

703 TransferChapter 8 Administrative Matters801 Processing802 Incidents

Enclosure (2)


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OPNAVINST 1640.917 $4?13392

CHAPTER 1POLICY

100. General. Detention facilities are shore spaces that areused only to temporarily detain personnel apprehended by militaryauthorities, or turned over to the military by civilianauthorities. Authority to arrest/confine is listed in Article7201 of reference (a). Personnel should be detained/confined indetention spaces and holding cells only for short periods oftime, as defined in Article 2101 of reference (a), and should betransferred to the nearest brig or pretrial confinement facilityas soon as it is feasible. The use of detention facilitiesrequires the selected application of the provisions of reference(a). The following chapters are provided to clarify therequirements of reference (a) as they apply to detention spacesand holding cells. With the exception of the clarificationspresented in the following chapters, the articles of reference(a) shall be strictly applied to detention spaces and holdingcells.

Enclosure (2)


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OPNAVINST 1640.91 7 APR mCHAPTER 2

PHYSICAL PLANT201. Authorization. Detention spaces and holding cells shall bemade operat~onal only when they have been authorized as beingnecessary by the senior officer in the area.202. Number and Location. The number of detention spaces andholding cell s requ~red by an activity depends upon the populationserved; however, at least two usable cells will normally beavailable in each detention facility in order to providesegregation for males and females. Where possible, cells shouldbe located near the security watch desk, but sufficiently removedso as not to hamper normal operation or be accessible to casualvisitors. Cells should not be located below ground level nor inupper stories requiring the use of stairs.203. Other Facilities

a. Militarv. The detention facilities ofmay be u~ if that service agrees and ifmeet the standards prescribed herein for navalfacilities.

another servicesuch facilitiesdetention

b. Civilian. If military facilities are not available,personnel may be detained in civilian facilities utilized by theU.S. Department of Justice. The nearest U.S. Marshal will have alist of these facilities. Use of civilian facilities must bejustified by attendant circumstances, and all expenses incurredmust be borne by the command placing the person in the civilianfacility. If a civilian confinement facility is used, approvalmust be obtained from the second echelon commander within 48hours of confinement in order to continue confinement in thecivilian facility.204. Size. Single occupancy detention cells are required fordetent=in excess of 8 hours. Minimum inside dimensions andconstruction will conform to reference (b) for new construction,renovation, or alteration. Existing cells will be at least 6feet wide, 8 feet long and 8 feet high. Multiple occupancyholding cells are authorized for very short term detentionperiods (up to 8 hours) and each detainee will be provided aminimum of 20 net square feet in these cells.205. Materials and Equipment. If a closed circuit television isinstalled, lt should use an oscillating camera, to preventburning an image on the television screen. Otherwise, theprovisions of Article 2209.11 of reference (a) apply.

Enclosure (2)

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OPNAVINST 1640.9i 7 APR 1 ! 3 9 2

206. Inspections. Detention facilities will be regularlyinspected for cleanliness, adequate lighting and ventilation,general repair, security, and safety.a. Daily security and sanitation inspection of the detentionfacility shall be made by a senior member of the security staff.b. The detention facility will be inspected at least monthlyby a member of the medical department to ensure the operation ofthe facility and the physical plant meet accepted health andenvironmental standards, and that detained personnel are providedadequate health services. A record of all inspections shall beentered in the detention facilitys daily log.

Enclosure (2) 2-2


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OPNAVINST 1640.91 7 APR 1 9 9 2

CHAPTER 3STAFF

301. Staff ing. Personnel will be closely supervised, during thetime they are in detention by qualified and trained staff. Inthe even~ of detention in excess of 8 hours, a security bunk andappropriate bedding shall be used. It is desirable that thedetention cell be so located that continuous supervision from thesecurity watch desk is possible. If not, a secirity supervisorshall be stationed in the cell area. A cell check of detainedpersonnel shall be made at least once each 30 minutes, andrecorded on the DD Form 509. These checks shall be continuous orat shorter intervals if the situation demands (e.g., suicidealert) . No person shall enter occupied detention cells or remainin their immediate proximity wearing firearms, nightsticks, orother weapons.302. Trainin~. personnel assigned to supervise a detentionfacility will complete training as specified by the Chief ofNaval Personnel. -If short term detainees are to be supervised bypersonnel from their division, the detention facility staff willinstruct these supervisors in detention cell supervision, andwill provide them with written post orders.303. Force. No individual will be permitted to supervise adetent?on facility until he/she has received instructions onapplicable regulations relating to the use of force in theperformance of such duties. In addition, instruction will begiven periodically to all personnel assigned to these duties toensure that they continue to be thoroughly familiar with allrestrictions on the use of force.

Enclosure (2)


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.OPNAVINST 1640.9

17 APRIWZCHAPTER 4CONTROL

401. Violent Detainees. If an individual becomes violentlyaggressive, or su~c~da~, instruments of restraint may be used inaccordance with reference (a). Such actions shall be reportedimmediately to the commanding officer, medical officer, orcommand duty officer. Under no circumstances may an individualbe chained, handcuffed, or tied to any cell fixture, orstationary object.402. Emergency Measures. Detailed emergency bills will beprepared to ensure the safety of detainees in the event of firersuicide attempt, disorder, or other emergencies. First aid kitsand fire extinguishers shall be located so as to be accessible inthe event of an emergency, but not immediately adjacent to acell.403. Force. Use of force will conform to Articles 3402, 4402,4403 a~04 of reference (a).

Enclosure (2)


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OPNAVINST 1640.917 A P R 1 9 9 z

CHAPTER 5PROGRAMS

500. Programs. If detainees are to be confined for longer than24 hours, one hour of physical exercise will be provided daily.Scheduling will depend upon the availability of supervisors andsecure space for the exercise.

Enclosure (2)


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OPNAVINST 1640.91 7 A P R 1 9 wCHAPTER 6RECORDS

601. Loq . A detention facility log shall be maintained asoutlined in Article 8104 of reference (a). When an individual isplaced in detention, the log will reflect the reason for, thedate and time of detention, and the name and grade of the personordering the detention.602. File. An abbreviated file shall be kept for 2 years oneach person confined in a detention cell. The file will containthe following records:

a. NAVPERS 1640/4, Confinement Order or DD Form 1569,Incident/Complaint Form.

b. DD Form 509, Inspection Record of Prisoner inSegregation.

c. NAVPERS 1640/17, Prisoner Inventoryd. DD Form 367, Prisoner Release OrderReceipt for Prisoner or Detained Person.

and Receipt.or DD Form 629,

Enclosure (2)


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OPNAVINST 1640.91 7 APR 1992

CHAPTER 7DETENTIONIRELEASE/TRANSFER

701. Detention. Persons may be detained only if there has been,a violat~on of the UCMJ. Under no circumstances may anindividual be placed in detention for protective custody,safekeeping, or any other such general charge when no violationof the UCMJ is indicated. See Article 7102 of reference (a).Court Martialed personnel should not normally be placed indetention cells with detainees.

Authorization. Noperson shall be confined in adete~~ion facility without a properly executed NAVPERS 1640/4,Confinement Order or DD Form 1569, the Arresting OfficersIncident/Complaint Form. A Confinement Order is required whendetention exceeds 24 hours.

b. Medical Examination. If an individual appears to be ill,or exhib~ts an abnormal loss of control because of suspected oractual use of alcohol, marijuana or other drugs, they shall beexamined by medical personnel and certified as being fit forconfinement prior to being placed in detention. Otherwise, aperson may be detained in a detention facility for up to 24 hoursbefore a medical examination. No person shall be detained beyond24 hours without a medical examination as prescribed in Article7205 of reference (a). Any suspicion or detection of alcohol orother narcotics will be entered in the facilitys log by thedetention facility supervisor at the earliest time of suspicionor detection.

c. Len@h of Detention. Detention shall not exceed 24hours, except in unusual circumstances, and then only with theexpress approval in each instance of the commanding officer ofthe installation where such facility is located, or his/herdesignated representative. An individual shall not remain i.ndetention more than 72 hours except in an emergency, nor may anindividual be placed in detention for 72 hours, taken out, andthen returned on the same charges. See Article 2101.3 ofreference (a).

d. Pretrial and/or post-trial personnel may be confined in adetention space for more than 72 hours under the followingconditions:

(1) When an individual has been sentenced to confinementby a court-martial, and is pending transfer to a confinementfacility.Enclosure (2)


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OPNAVINST 1640.91 7 ~ p ~ 1 9 9 2(2) When an individual has been placed in confinement ina confinement facility, and is moved to, and confined in, adetention facility, for the purpose of appearing as a witness oras the accused in a court-martial proceeding.(3) When a general court-martial authority deems itnecessary to retain an accused locally, during progress of acourt-martial, in the absence of a brig. After trial, if the

sentence as adjudged includes confinement, the member shall betransferred to a confinement facility within 72 hours. Thewritten permission of either the installation commanding officeror the general court-martial authority, as appropriate, must beobtained before an individual can be held for more than 72 hoursin a pretrial confinement status in a detention facility. Timespent in a detention facility under these circumstances isconsidered and counted as pretrial or post-trial confinement, asappropriate.

e. Persons of either sex may be confined in a detentionfacility as long as the conditions of Article 7103.2 of reference(a) are followed.

f. Detention cells will not be used to confine persons underthe influence of alcohol or narcotics, except for brief periodsof time (not to exceed 4 hours) necessary for commandrepresentatives or medical personnel to arrive and assumecustody. During such brief periods, constant surveillance mustbe maintained to monitor the behavior and physical condition ofsuch persons.702. Release. On release from detention, all money, valuables~and other personal property taken from the detainees will bereturned and receipted for by the owner. If the detainee isreleased to the custody of another person~ that person will signa DD Form 629 (Receipt for Prisoner or Detained Person) and willsign for the personal property envelope. A detainee released tohis/her own cognizance shall be directed to return to his/herunit, or other appropriate command, after being issued a NAVPERS1626/7, Report of Disposition of Offense(s) where necessary. Anentry shall be made in the log to reflect the date and time ofrelease, and the disposition of the detainee. one copy of theTechnical Arrest Order (TAO), (DD Form 629) or DD Form 367 asappropriate, and the receipt for personal property shall beretained on file for 2 years by the unit operating the detentionfacility.

Enclosure (2) 7-2


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OPNAVINST 1640.917 APRIgg~

703. Transfer. A DD Form 629 (Receipt for Prisoner or DetainedPerson) will be used for all transfers from detention facilitiesto other confinement facilities. The following records will betransferred with detainee:

a. NAVPERS 1640/4, Confinement Orderb. DD Form 504, Request and Receipt for Health and ComfortSuppliesc. DD Form 509, Inspection Record of Prisoner in Segregationd. A copy of court-martial orders designating a confinementfacility as the place of confinement.

7-3 Enclosure (2)


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CHAPTER 8ADMINISTFU!TIVE MATTERS

801. Processing. Personnel shall be thoroughly searched beforebeing placed in detention. Money, valuables, and personalproperty (other than individual clothing and wedding rings) shallbe taken from the individual, inventoried, and secured in amanner similar to procedures set forth in Articles 8203 and 8204of reference (a). Items which could be used to inflict bodilyinjury, such as belts, shoelaces~ neckties~ or suspenders may betaken from the detained person if deemed necessary by thedetention facility supervisor.802. Incidents. Serious incidents or alleged incidentsinvolv~ng detainees shall be reported immediately to the Chief ofNaval Personnel (CHNAVPERS) (Pers-84). See Article 8115.2 ofreference (a).

Enclosure (2)

Documents

DEPARTMENT Office of the Chief Washington, OPNAV