[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)]
[Notices]
[Pages 34557-34558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15425]


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DEPARTMENT OF DEFENSE

Department of the Army


Special Communication and Contact Control Measures

AGENCY: Department of the Army, DoD.

ACTION: Notice; comment request.

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SUMMARY: This directive establishes the Special Communications and 
Contacts Control Measures (SCCCM) program to provide specific 
limitations on the communications and contacts of Army Corrections 
Command (ACC) prisoners to protect national security, public safety, 
the good order, discipline and correctional mission of the Army 
Corrections System (ACS) facilities from acts of violence or terrorism.

DATES: Comments are due by August 20, 2018.

ADDRESSES: Mail comments to: Office of the Provost Marshal General 
(Gregory W. Limberis), 2800 Army Pentagon, Washington, DC 20310.

FOR FURTHER INFORMATION CONTACT: Mr. Gregory Stroebel, (703) 545-5935.

SUPPLEMENTARY INFORMATION: 
    (a) Upon direction of the Assistant Secretary of the Army for 
Manpower and Reserve Affairs (ASA (M&RA)), the Commander, ACC, may 
authorize the Commander of an ACS Facility to implement SCCCM that are 
reasonably necessary to protect persons against the risk of death or 
serious bodily injury. These procedures may be implemented upon written 
notification to the Commander, ACC, by the ASA (M&RA), that there is a 
substantial risk that a prisoner's communications or contacts with 
persons could result in death or serious bodily injury to persons or 
substantial damage to property that would entail the risk of death or 
serious bodily injury to persons. These SCCCM ordinarily may include 
housing the prisoner in administrative segregation and/or limiting 
certain conditions of confinement, including, but not limited to, 
correspondence, visiting, interviews with representatives of the news 
media, and use of the telephone, as is reasonably necessary to protect 
persons against the risk of death or serious bodily injury. The 
authority of the Commander, ACC under this paragraph may not be 
delegated.
    (b) Designated ACS facility staff shall provide to the affected 
prisoner, as soon as practicable, written notification of the 
restrictions imposed and the basis for the restrictions. The notice's 
statement as to the basis may be limited in the interest of prison 
security or safety, to protect against acts of violence or terrorism 
that could result in death or serious bodily injury to persons, or 
substantial damage to property that would entail the risk of death or 
serious bodily injury to persons. The prisoner shall sign for and 
receive a copy of the notification. The prisoner's attorney(s) of 
record shall also provide a written acknowledgement of receipt of the 
notice and an agreement to abide by the SCCCM.
    (c) Initial placement of a prisoner in administrative segregation 
and/or any limitation of the prisoner's conditions of confinement in 
accordance with paragraph (a) of this section may be imposed for up to 
120 days or, with the approval of the ASA (M&RA), a longer period of 
time not to exceed one year. Special restrictions imposed in accordance 
with paragraph (a) of this section may be extended thereafter by the 
Commander, ACC, in increments not to exceed one year, upon receipt by 
the Commander, ACC of an additional written notification from the ASA 
(M&RA) that there continues to be a substantial risk that the 
prisoner's communications or contacts with other persons could result 
in death or serious bodily injury to persons or substantial damage to 
property that would entail the risk of death or serious bodily injury 
to persons. The authority of the Commander, ACC under this paragraph 
may not be delegated.
    (d) In any case where the Secretary of the Army specifically so 
orders, based on information from the Provost Marshal General/
Commanding General, United States Army Criminal Investigation Command 
(USACIDC) that reasonable suspicion exists to believe that a particular 
prisoner may use communications with attorneys or their agents to 
solicit, further, or otherwise facilitate acts of terrorism, the 
Commander, ACC, shall, in addition to the SCCCM imposed under paragraph 
(a) of this section, provide appropriate procedures for the monitoring 
or review of communications between that prisoner and attorneys or 
attorneys' agents who are traditionally covered by the attorney-client 
privilege, for the purpose of deterring future acts of terrorism.
    (1) The certification by the Secretary of the Army under this 
paragraph (d) shall be in addition to any findings or determinations 
relating to the need for the imposition of other SCCCM as provided in 
paragraph (a) of this section, but may be incorporated into the same 
document.
    (2) Except in the case of prior court authorization, the Commander, 
ACC, shall provide written notice to the prisoner and to the attorneys 
involved prior to the initiation of any such monitoring or review 
authorized under this paragraph (d). The notice shall explain:
    (i) That, notwithstanding the provisions of DoDI 1325.07, AR 190-
47, or other rules, all communications between the prisoner and 
attorneys may be monitored, to the extent determined to be reasonably 
necessary for the purpose of deterring future acts of terrorism;
    (ii) That communications between the prisoner and attorneys or 
their agents are not protected by the attorney-client privilege if they 
would facilitate criminal acts or a conspiracy to commit criminal acts, 
or if those communications are not related to the seeking or providing 
of legal advice.
    (3) The Commander, ACC, with the concurrence of the Judge Advocate 
General and the Army General Counsel, shall employ appropriate 
procedures to ensure that all attorney-client communications are 
reviewed for privilege claims and that any properly privileged 
materials (including, but not limited to, recordings of privileged 
communications) are not retained during the course of the monitoring. 
To protect the attorney-client privilege and to ensure that the 
investigation or judicial proceeding is not compromised by exposure to 
privileged material relating to the investigation, judicial

[[Page 34558]]

proceeding or to defense strategy, a privilege team shall be designated 
by the Judge Advocate General, consisting of individuals not involved 
in the underlying investigation or judicial proceeding. The monitoring 
shall be conducted pursuant to procedures designed to minimize the 
intrusion into privileged material or conversations. Except in cases 
where the person in charge of the privilege team determines that the 
acts of terrorism are imminent, the privilege team shall not disclose 
any information unless and until such disclosure has been approved by a 
federal or military judge presiding over the legal matter for which 
attorneys or their agents represent the particular prisoner.
    (e) The affected prisoner may seek review of any specific 
limitation on communications or contacts imposed pursuant to this 
directive in accordance with AR 190-47, paragraph 10-14. The Commander, 
ACC will act on any request for review.
    The Provost Marshal General is the proponent for this policy and 
will incorporate the provisions of this directive into AR 190-47 as 
soon as possible. This directive will be rescinded upon publication of 
the revised regulation.

Brenda S. Bowen,
Army Federal Register Liaison Officer.
[FR Doc. 2018-15425 Filed 7-19-18; 8:45 am]
 BILLING CODE 5001-03-P