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10 USC CHAPTER 48 - MILITARY CORRECTIONAL FACILITIES 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 48 - MILITARY CORRECTIONAL FACILITIES

.

-HEAD-

CHAPTER 48 - MILITARY CORRECTIONAL FACILITIES

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Sec.

951. Establishment; organization; administration.

952. Parole.

953. Remission or suspension of sentence; restoration to duty;

reenlistment.

954. Voluntary extension; probation.

955. Prisoners transferred to or from foreign countries.

956. Deserters, prisoners, members absent without leave: expenses

and rewards.

AMENDMENTS

1984 - Pub. L. 98-525, title XIV, Sec. 1401(b)(2), Oct. 19, 1984,

98 Stat. 2615, added item 956.

1980 - Pub. L. 96-513, title V, Sec. 511(26), Dec. 13, 1980, 94

Stat. 2922, added item 955.

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10 USC Sec. 951 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 48 - MILITARY CORRECTIONAL FACILITIES

-HEAD-

Sec. 951. Establishment; organization; administration

-STATUTE-

(a) The Secretaries concerned may provide for the establishment

of such military correctional facilities as are necessary for the

confinement of offenders against chapter 47 of this title.

(b) The Secretary concerned shall -

(1) designate an officer for each armed force under his

jurisdiction to administer military correctional facilities

established under this chapter;

(2) provide for the education, training, rehabilitation, and

welfare of offenders confined in a military correctional facility

of his department; and

(3) provide for the organization and equipping of offenders

selected for training with a view to their honorable restoration

to duty or possible reenlistment.

(c) There shall be an officer in command of each major military

correctional facility. Under regulations to be prescribed by the

Secretary concerned, the officer in command shall have custody and

control of offenders confined within the facility which he

commands, and shall usefully employ those offenders as he considers

best for their health and reformation, with a view to their

restoration to duty, enlistment for future service, or return to

civilian life as useful citizens.

(d) There may be made or repaired at each military correctional

facility such supplies for the armed forces or other agencies of

the United States as can properly and economically be made or

repaired at such facilities.

-SOURCE-

(Added Pub. L. 90-377, Sec. 1, July 5, 1968, 82 Stat. 287; amended

Pub. L. 96-513, title V, Sec. 511(27), Dec. 12, 1980, 94 Stat.

2922.)

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AMENDMENTS

1980 - Subsec. (d). Pub. L. 96-513 substituted ''at such

facilities'' for ''as such facilities''.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

OFFENSES AGAINST MINORS

Pub. L. 105-119, title I, Sec. 115(a)(8)(C), Nov. 26, 1997, 111

Stat. 2466, provided that:

''(i) The Secretary of Defense shall specify categories of

conduct punishable under the Uniform Code of Military Justice which

encompass a range of conduct comparable to that described in

section 170101(a)(3)(A) and (B) of the Violent Crime Control and

Law Enforcement Act of 1994 (42 U.S.C. 14071(a)(3)(A) and (B)), and

such other conduct as the Secretary deems appropriate for inclusion

for purposes of this subparagraph.

''(ii) In relation to persons sentenced by a court martial for

conduct in the categories specified under clause (i), the Secretary

shall prescribe procedures and implement a system to -

''(I) provide notice concerning the release from confinement or

sentencing of such persons;

''(II) inform such persons concerning registration obligations;

and

''(III) track and ensure compliance with registration

requirements by such persons during any period of parole,

probation, or other conditional release or supervision related to

the offense.

''(iii) The procedures and requirements established by the

Secretary under this subparagraph shall, to the maximum extent

practicable, be consistent with those specified for Federal

offenders under the amendments made by subparagraphs (A) and (B)

(section 115(a)(8)(A), (B) of Pub. L. 105-119, amending sections

3563, 3583, 4042, and 4209 of Title 18, Crimes and Criminal

Procedure).

''(iv) If a person within the scope of this subparagraph is

confined in a facility under the control of the Bureau of Prisons

at the time of release, the Bureau of Prisons shall provide notice

of release and inform the person concerning registration

obligations under the procedures specified in section 4042(c) of

title 18, United States Code.''

NOTIFICATION OF VICTIMS AND WITNESSES OF STATUS OF PRISONERS IN

MILITARY CORRECTIONAL FACILITIES

Pub. L. 103-160, div. A, title V, Sec. 552, Nov. 30, 1993, 107

Stat. 1662, provided that:

''(a) In General. - The Secretary of Defense shall prescribe

procedures and implement a centralized system for notice of the

status of offenders confined in military correctional facilities to

be provided to victims and witnesses. Such procedures shall, to

the maximum extent practicable, be consistent with procedures of

the Federal Bureau of Prisons for victim and witness notification.

''(b) Deadline for Prescribing Procedures. - The Secretary of

Defense -

''(1) shall prescribe the procedures required by subsection (a)

not later than six months after the date of the enactment of this

Act (Nov. 30, 1993); and

''(2) shall implement the centralized system required by that

section not later than six months after those procedures are

prescribed.

''(c) Notification and Reporting Requirement. - (1) Upon

implementation of the centralized system of notice under subsection

(a), the Secretary shall notify Congress of such implementation.

''(2) After such system has been in operation for one year, the

Secretary shall submit to Congress a report detailing the lessons

learned during the first year of operation.

''(d) Termination of Requirement. - The requirement to establish

procedures and implement a centralized system of notice under

subsection (a) shall expire 90 days after the receipt of the report

required by subsection (c)(2).''

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10 USC Sec. 952 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 48 - MILITARY CORRECTIONAL FACILITIES

-HEAD-

Sec. 952. Parole

-STATUTE-

(a) The Secretary concerned may provide a system of parole for

offenders who are confined in military correctional facilities and

who were at the time of commission of their offenses subject to the

authority of that Secretary.

(b) In a case in which parole for an offender serving a sentence

of confinement for life is denied, only the President or the

Secretary concerned may grant the offender parole on appeal of that

denial. The authority to grant parole on appeal in such a case may

not be delegated.

-SOURCE-

(Added Pub. L. 90-377, Sec. 1, July 5, 1968, 82 Stat. 287; amended

Pub. L. 105-85, div. A, title V, Sec. 582(a), Nov. 18, 1997, 111

Stat. 1760.)

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AMENDMENTS

1997 - Pub. L. 105-85 designated existing provisions as subsec.

(a) and added subsec. (b).

EFFECTIVE DATE OF 1997 AMENDMENT

Section 582(b) of Pub. L. 105-85 provided that: ''Subsection (b)

of section 952 of title 10, United States Code (as added by

subsection (a)), shall apply only with respect to any decision to

deny parole made after the date of the enactment of this Act (Nov.

18, 1997).''

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10 USC Sec. 953 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 48 - MILITARY CORRECTIONAL FACILITIES

-HEAD-

Sec. 953. Remission or suspension of sentence; restoration to duty;

reenlistment

-STATUTE-

For offenders who were at the time of commission of their

offenses subject to his authority and who merit such action, the

Secretary concerned shall establish -

(1) a system for the remission or suspension of the unexecuted

part of the sentences of selected offenders;

(2) a system for the restoration to duty of such offenders who

have had the unexecuted part of their sentences remitted or

suspended and who have not been discharged; and

(3) a system for the enlistment of such offenders who have had

the unexecuted part of their sentences remitted and who have been

discharged.

-SOURCE-

(Added Pub. L. 90-377, Sec. 1, July 5, 1968, 82 Stat. 287.)

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10 USC Sec. 954 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 48 - MILITARY CORRECTIONAL FACILITIES

-HEAD-

Sec. 954. Voluntary extension; probation

-STATUTE-

The Secretary concerned may provide for persons who were subject

to his authority at the time of commission of their offenses a

system for retention of selected offenders beyond expiration of

normal service obligation in order to voluntarily serve a period of

probation with a view to honorable restoration to duty.

-SOURCE-

(Added Pub. L. 90-377, Sec. 1, July 5, 1968, 82 Stat. 288; amended

Pub. L. 105-85, div. A, title X, Sec. 1073(a)(12), Nov. 18, 1997,

111 Stat. 1900.)

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AMENDMENTS

1997 - Pub. L. 105-85 substituted ''his authority'' for ''this

authority''.

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10 USC Sec. 955 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 48 - MILITARY CORRECTIONAL FACILITIES

-HEAD-

Sec. 955. Prisoners transferred to or from foreign countries

-STATUTE-

(a) When a treaty is in effect between the United States and a

foreign country providing for the transfer of convicted offenders,

the Secretary concerned may, with the concurrence of the Attorney

General, transfer to such foreign country any offender against

chapter 47 of this title. Such transfer shall be effected subject

to the terms of such treaty and chapter 306 of title 18.

(b) Whenever the United States is party to an agreement on the

status of forces under which the United States may request that it

take custody of a prisoner belonging to its armed forces who is

confined by order of a foreign court, the Secretary concerned may

provide for the carrying out of the terms of such confinement in a

military correctional facility of his department or in any penal or

correctional institution under the control of the United States or

which the United States may be allowed to use. Except as otherwise

specified in such agreement, such person shall be treated as if he

were an offender against chapter 47 of this title.

-SOURCE-

(Added Pub. L. 95-144, Sec. 4, Oct. 28, 1977, 91 Stat. 1221;

amended Pub. L. 96-513, title V, Sec. 511(28), Dec. 12, 1980, 94

Stat. 2922.)

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AMENDMENTS

1980 - Subsec. (a). Pub. L. 96-513 substituted ''such'' for

''said'' in two places, ''Such'' for ''Said'', and struck out '',

United States Code'' after ''18''.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

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10 USC Sec. 956 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 48 - MILITARY CORRECTIONAL FACILITIES

-HEAD-

Sec. 956. Deserters, prisoners, members absent without leave:

expenses and rewards

-STATUTE-

Funds appropriated to the Department of Defense may be used for

the following purposes:

(1) Expenses for the apprehension and delivery of deserters,

prisoners, and members absent without leave, including the

payment of rewards, in an amount not to exceed $75, for the

apprehension of any such person.

(2) Expenses of prisoners confined in nonmilitary facilities.

(3) Payment of a gratuity of not to exceed $25 to each prisoner

upon release from confinement in a military or contract prison

facility.

(4) The issue of authorized articles to prisoners and other

persons in military custody.

(5) Under such regulations as the Secretary concerned may

prescribe, expenses incident to the maintenance, pay, and

allowances of prisoners of war, other persons in the custody of

the Army, Navy, or Air Force whose status is determined by the

Secretary concerned to be similar to prisoners of war, and

persons detained in the custody of the Army, Navy, or Air Force

pursuant to Presidential proclamation.

-SOURCE-

(Added Pub. L. 98-525, title XIV, Sec. 1401(b)(1), Oct. 19, 1984,

98 Stat. 2614.)

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PRIOR PROVISIONS

Provisions similar to those in pars. (1) to (5) of this section

were contained in the following appropriation acts, with the

exception of the provisions similar to par. (2) which first

appeared in the act of July 1, 1943:

Oct. 12, 1984, Pub. L. 98-473, title I, Sec. 101(h) (title VIII,

Sec. 8006), 98 Stat. 1904, 1923.

Dec. 8, 1983, Pub. L. 98-212, title VII, Sec. 706, 709, 97 Stat.

1437, 1439.

Dec. 21, 1982, Pub. L. 97-377, title I, Sec. 101(c) (title VII,

Sec. 706, 709), 96 Stat. 1833, 1850, 1851.

Dec. 29, 1981, Pub. L. 97-114, title VII, Sec. 706, 709, 95 Stat.

1578, 1579.

Dec. 15, 1980, Pub. L. 96-527, title VII, Sec. 706, 709, 94 Stat.

3081.

Dec. 21, 1979, Pub. L. 96-154, title VII, Sec. 706, 709, 93 Stat.

1152, 1153.

Oct. 13, 1978, Pub. L. 95-457, title VIII, Sec. 806, 809, 92

Stat. 1243, 1244.

Sept. 21, 1977, Pub. L. 95-111, title VIII, Sec. 805, 808, 91

Stat. 899, 900.

Sept. 22, 1976, Pub. L. 94-419, title VII, Sec. 705, 708, 90

Stat. 1291, 1292.

Feb. 9, 1976, Pub. L. 94-212, title VII, Sec. 705, 708, 90 Stat.

168, 169.

Oct. 8, 1974, Pub. L. 93-437, title VIII, Sec. 805, 808, 88 Stat.

1224, 1225.

Jan. 2, 1974, Pub. L. 93-238, title VII, Sec. 705, 708, 87 Stat.

1038, 1039.

Oct. 26, 1972, Pub. L. 92-570, title VII, Sec. 705, 708, 86 Stat.

1196, 1197.

Dec. 18, 1971, Pub. L. 92-204, title VII, Sec. 705, 708, 85 Stat.

727, 728.

Jan. 11, 1971, Pub. L. 91-668, title VIII, Sec. 805, 808, 84

Stat. 2030, 2031.

Dec. 29, 1969, Pub. L. 91-171, title VI, Sec. 605, 608, 83 Stat.

480.

Oct. 17, 1968, Pub. L. 90-580, title V, Sec. 504, 507, 82 Stat.

1129, 1130.

Sept. 29, 1967, Pub. L. 90-96, title VI, Sec. 604, 607, 81 Stat.

242.

Oct. 15, 1966, Pub. L. 89-687, title VI, Sec. 604, 607, 80 Stat.

991.

Sept. 29, 1965, Pub. L. 89-213, title VI, Sec. 604, 607, 79 Stat.

873, 874.

Aug. 19, 1964, Pub. L. 88-446, title V, Sec. 504, 507, 78 Stat.

474, 475.

Oct. 17, 1963, Pub. L. 88-149, title V, Sec. 504, 507, 77 Stat.

264.

Aug. 9, 1962, Pub. L. 87-577, title I, Sec. 101, title V, Sec.

504, 507, 76 Stat. 318, 328.

Aug. 17, 1961, Pub. L. 87-144, title I, Sec. 101, title II, Sec.

201, title VI, Sec. 604, 607, 75 Stat. 365-369, 375, 376.

July 7, 1960, Pub. L. 86-601, title I, Sec. 101, title II, Sec.

201, title V, Sec. 504, 507, 74 Stat. 338-340, 342, 350.

Aug. 18, 1959, Pub. L. 86-166, title I, Sec. 101, title II, Sec.

201, title V, Sec. 604, 607, 73 Stat. 366-368, 370, 378, 379.

Aug. 22, 1958, Pub. L. 85-724, title III, Sec. 301, title V, Sec.

501, title VI, Sec. 604, 72 Stat. 713, 714, 721, 722, 723.

Aug. 2, 1957, Pub. L. 85-117, title III, Sec. 301, title V, Sec.

501, title VI, Sec. 604, 71 Stat. 313, 314, 321, 323.

July 2, 1956, ch. 488, title III, Sec. 301, title V, Sec. 501,

title VI, Sec. 604, 70 Stat. 456, 457, 464, 465, 467.

July 13, 1955, ch. 358, title III, Sec. 301, title V, Sec. 501,

title VI, Sec. 606, 69 Stat. 303, 304, 312, 313, 315.

June 30, 1954, ch. 432, title IV, Sec. 401, title VI, Sec. 601,

title VII, Sec. 706, 68 Stat. 338, 339, 347, 348, 350.

Aug. 1, 1953, ch. 305, title III, Sec. 301, title V, Sec. 501,

title VI, Sec. 610, 67 Stat. 338, 339, 348, 350.

July 10, 1952, ch. 630, title III, Sec. 301, title V, Sec. 501,

title VI, Sec. 612, 66 Stat. 519, 520, 530, 532.

Oct. 18, 1951, ch. 512, title III, Sec. 301, title V, Sec. 501,

title VI, Sec. 612, 65 Stat. 426, 429, 443, 446.

Sept. 6, 1950, ch. 896, Ch. X, title III, Sec. 301, title V, Sec.

501, title VI, Sec. 614, 64 Stat. 732, 735, 750, 753.

Oct. 29, 1949, ch. 787, title III, Sec. 301, title V, Sec. 501,

title VI, Sec. 616, 63 Stat. 990-992, 1015, 1020.

June 24, 1948, ch. 632, Sec. 1, 11, 62 Stat. 653, 655, 669.

July 30, 1947, ch. 357, title I, Sec. 1, 12, 61 Stat. 555, 557,

572.

July 16, 1946, ch. 583, Sec. 1, 13, 60 Stat. 546-548, 565.

July 3, 1945, ch. 265, Sec. 1, 15, 59 Stat. 388-390, 406.

June 28, 1944, ch. 303, Sec. 1, 15, 58 Stat. 578, 580, 595.

July 1, 1943, ch. 185, Sec. 1, 15, 57 Stat. 352, 354, 369.

July 2, 1942, ch. 477, Sec. 1, 14, 56 Stat. 615, 617, 633.

Dec. 17, 1941, ch. 591, title I, Sec. 103, 55 Stat. 813.

June 30, 1941, ch. 262, Sec. 1, 55 Stat. 371, 373.

June 13, 1940, ch. 343, Sec. 1, 54 Stat. 357-359.

Apr. 26, 1939, ch. 88, Sec. 1, 53 Stat. 598, 600.

June 11, 1938, ch. 37, Sec. 1, 52 Stat. 648, 649.

July 1, 1937, ch. 423, Sec. 1, 50 Stat. 448, 450.

May 15, 1936, ch. 404, Sec. 1, title I, 49 Stat. 1284, 1286.

Apr. 9, 1935, ch. 54, Sec. 1, title I, 49 Stat. 127, 128.

Apr. 26, 1934, ch. 165, title I, 48 Stat. 619, 621.

Mar. 4, 1933, ch. 281, title I, 47 Stat. 1575, 1577.

July 14, 1932, ch. 482, title I, 47 Stat. 668, 670, 671.

Feb. 23, 1931, ch. 279, title I, 46 Stat. 1281-1284.

May 28, 1930, ch. 348, title I, 46 Stat. 436, 438.

Feb. 28, 1929, ch. 366, title I, 45 Stat. 1354, 1356.

Mar. 23, 1928, ch. 232, title I, 45 Stat. 330, 332.

Feb. 23, 1927, ch. 167, title I, 44 Stat. 1110, 1113.

Apr. 15, 1926, ch. 146, title I, 44 Stat. 259, 262.

Feb. 12, 1925, ch. 225, title I, 43 Stat. 900.

Provisions similar to those in par. (5) of this section were

contained in Pub. L. 98-212, title VII, Sec. 706, Dec. 8, 1983, 97

Stat. 1437, which was set out as a note under section 138 of this

title, prior to repeal by Pub. L. 98-525, Sec. 1403(a)(1), eff.

Oct. 1, 1985.

EFFECTIVE DATE

Section effective Oct. 1, 1985, see section 1404 of Pub. L.

98-525, set out as a note under section 520b of this title.

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