238. Articles of war 69, 70, 71, 72, and 73 have special reference
to the confinement of prisoners and should be carefully borne
in mind.
239. The commander of the guard will place a civilian in confinement
on an order from higher authority only, unless such civilian is
arrested while in the act of committing some crime within the
limits of the military jurisdiction, in which case the commanding
officer will be immediately notified.
240. Except as provided in the sixty-eighth article of war, or
when restraint is necessary, no soldier will be confined without
the order of an officer, who shall previously inquire into his
offense. (A. R. 930.)
241. An officer ordering a soldier into confinement will send,
as soon as practicable, a written statement, signed by himself,
to the commander of the guard, setting forth the name, company,
and regiment of such soldier, and a brief statement of the alleged
offense. It is a sufficient statement of the offense to give the
number and article of war under which the soldier is charged.
242. A prisoner, after his first day of confinement, and until
his sentence has been duly promulgated, is considered as held
in confinement by the commanding officer. After due promulgation
of his sentence, the prisoner is held in confinement by authority
of the officer who reviews the proceedings of the court awarding
sentence. The commander of the guard will state in his report, in
the proper place, the name of the officer by whom the prisoner
was originally confined.
243. Enlisted men against whom charges have been preferred will
be designated as "awaiting trial"; enlisted men who have been
tried will, prior to the promulgation of the result, be designated
as "awaiting result of trial"; enlisted men serving sentences
of confinement not involving dishonorable discharge, will be
designated as "garrison prisoners." Persons sentenced to dismissal
or dishonorable discharge and to terms of confinement at military
posts or elsewhere will be designated as "general prisoners."
(A. R. 928.)
244. The sentences of prisoners will be read to them when the
order promulgating the same is received. The officer of the guard,
or the officer of the day if there be no officer of the guard, will
lead them unless the commanding officer shall direct otherwise.
245. When the date for the commencement of a term of confinement
imposed by sentence of a court-martial is not expressly fixed
by sentence, the term of confinement begins on the date of the
officer promulgating it. The sentence is continuous until the
term expires, except when the person sentenced is absent without
authority. (A. R. 969.)
246. When soldiers awaiting trial or the result of trial, or
undergoing sentence commit offenses for which they are tried,
the second sentence will be executed upon the expiration of the
first.
247. Prisoners awaiting trial by, or undergoing sentence of, a
general court-martial and those confined for serious offenses
will be kept apart, when practicable, from those confined by
sentence of an inferior court or for minor offenses. Enlisted
men in confinement for minor offenses, or awaiting trial or the
result of trial for the same, will ordinarily be sent to work
under charge of unarmed overseers instead of armed sentinels
and will be required attend drills unless the commanding officer
shall direct otherwise.
248. Prisoners, other than general prisoners, will be furnished
with food from their respective companies or from the organizations
to which they may be temporarily attached.
The food of prisoners will, when practicable, be sent to their
places of confinement, but post commanders may arrange to send
the prisoners, under proper guard, to their messes for meals.
When there is no special mess for general prisoners, they will
be attached for rations to companies.
Enlisted men bringing meals for the prisoners will not be allowed
to enter the prison room. (See par. 289.)
249. With the exception of those specially designated by the
commanding officer, no prisoners will be allowed to leave the
guardhouse unless under charge of a sentinel and passed by an
officer or noncommissioned officer of the guard. The commanding
officer may authorize certain garrison prisoners and paroled
general prisoners to leave the guardhouse, not under the charge
of a sentinel, for the purpose of working outside under such
surveillance and restrictions as he may impose.
250. Prisoners reporting themselves sick at sick cull, or at
the time designated by the commanding officer, will be sent to
the hospital under charge of proper guard, with a sick report
kept for the purpose. The recommendation of the surgeon will
be entered in the guard report.
251. The security of sick prisoners in the hospital devolves
upon the post surgeon, who will, if necessary, apply to the post
commander for a guard.
252. Prisoners will be paraded with the guard only when directed
by the commanding officer or the officer of the day.
253. A prisoner under charge of a sentinel will not salute an
officer.
254. All serviceable clothing which belongs to a prisoner, and
his blankets, will accompany him to the post designated for his
confinement, and will be fully itemized on the clothing list
sent to that post. The guard in charge of the prisoner during
transfer will be furnished with a duplicate of this list, and
will be held responsible for the delivery of all articles itemized
therein with the prisoner. At least one serviceable woolen blanket
will be sent with every such prisoner so transferred. (A.R. 939.)
255. When mattresses are not supplied, each prisoner in the
guardhouse will be allowed a bed sack and 30 pounds of straw
per month for bedding. So far as practicable iron bunks will be
furnished to all prisoners in post guardhouses and prison room.
(A. R. 1084.)
256. If the number of prisoners, including general prisoners,
confined at a post justifies it, the commanding officer will
detail a commissioned officer as "officer in charge of prisoners."
At posts where the average number of prisoners continually in
confinement is less than 12, the detail of an officer in charge
of prisoners will not be made.