Department of the Navy (Navy and Marine Corps)

NM01640-1

SYSTEM NAME:

Individual Confinement Records  (July 12, 2013,  78 FR 41921)

SYSTEM LOCATION:

United States Navy Brigs and United States Marine Corps Brigs.

Official mailing addresses are published in the Standard Navy Distribution List (SNDL) that is available as an appendix to the Navy's compilation of system of records notices and/or may be obtained from the Director, Office of Corrections and Programs (PERS-00D), 5720 Integrity Drive, Millington, TN 38055-6000, and Commandant of the Marine Corps (PSL Corrections), Headquarters, U.S. Marine Corps, 755 South Courthouse Road, Suite 2000, Arlington, VA 22204-2478.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Military members confined in a naval brig, shore or afloat, as a result of or pending trial by courts-martial; military members confined in a naval ship's brig while embarked on a naval vessel, awarded confinement on bread and water as a result of non-judicial punishment; and military members awarded correctional custody served in a correctional custody unit (CCU) as a result of non-judicial punishment.

CATEGORIES OF RECORDS IN THE SYSTEM:

Documents related to the administration of individual prisoners/CCU awardees in Department of the Navy confinement or correctional custody processing facilities to include confinement orders; release orders; report of results of trial; initial review officer hearing documents; convening authority action; supplemental court martial orders; pre-trial agreements; medical examiners' reports; scars and marks sheets; face photos; requests and receipts for health and comfort supplies; reports and recommendations relative to disciplinary actions; clothing and equipment records; mail and visiting lists; personal history records; work and training reports; requests for interview; initial interview; observation and incident reports; parole and mandatory supervised release (MSR) agreements; inspection record of prisoner in segregation; personal funds records; valuables and property record; admission classification summary; background summary; programming and treatment records; clemency recommendations and actions; parole and MSR recommendations and actions; restoration recommendations and actions; psychiatric, psychological, and sociological reports; certificate of parole/MSR; certificate of release from parole/MSR; transfer records; records showing name, grade, Social Security Number (SSN), resident control number, gender, education, sentence, offense(s) and details of offenses, record of investigation, sentence computation, organization ethnic group, discharge awarded, prior punishments, length of service, and release details; reports showing legal status, offense charged, and length of time confined; DNA transaction records (no DNA results), sex offender acknowledgement/notification letters, and names, addresses, and telephone numbers of victims/witnesses.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

10 U.S.C. 951, Military Correctional Facilities Establishment; Organization; Administration; 10 U.S.C. 5013, Secretary of the Navy; 10 U.S.C. 1565, DNA Identification Information; 42 U.S.C. 10601 et seq., Victim's Rights and Restitution Act of 1990 as implemented by DOD Instruction 1030.2, Victim and Witness Assistance Program; and E.O. 9397 (SSN), as amended.

PURPOSE(S):

Serves as a legal basis for confinement/correctional custody and release; to determine initial custody classification and when custody grade change is appropriate; to gauge member's adjustment to confinement or correctional custody; to identify areas of particular concern to prisoners and personnel in correctional custody; to determine work assignment and educational needs; serves as a basis for correctional programs and treatment; and recommendations for clemency, restoration, and parole/MSR; to verify, record, and capture documentation of correctional public safety programs to include DNA collection; victim-witness assistance program notifications, and sex offender notification activities.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:

In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974, as amended, these records contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:

To federal, state, and local law enforcement and investigative agencies for investigation and possible criminal prosecution, civil court actions or regulatory orders.

To state and local authorities for purposes of providing (1) notification that individuals, who have been convicted of a specified sex offense or an offense against a victim who is a minor, will be residing in the state upon release from military confinement and (2) information about the individual for inclusion in a state operated sex offender registry.

To confinement/correctional system agencies for use in the administration of correctional programs, to include custody classification; employment, training and educational assignments; treatment programs; clemency, restoration to duty and parole/MSR actions; verifications concerning military offenders or military criminal records, employment records and social histories.

The DoD Blanket Routine Uses that appear at the beginning of the Navy's compilation of system of records notices may apply to this system.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:


STORAGE:

Paper and electronic storage media.

RETRIEVABILITY:

Name and Resident Control Number.

SAFEGUARDS:

Records are maintained in areas accessible only to authorized personnel who are properly screened, cleared, and trained. Automated case records are contained within the Corrections Information Management System (CORMIS) where individuals who have a need to know are provided access via a managed systems authorization access. Computer database is CAC-enabled. Paper case files contained within confinement and correctional custody facilities are accountable, secured within controlled areas, and only issued to individuals who have a need to know and authorized access.

RETENTION AND DISPOSAL:

Two years after a prisoner/CCU awardee is released or transferred from a brig/CCU or expiration of parole/MSR, prisoner/awardee paper records are transferred to the appropriate Federal Records Center below. Automated records are permanent.

Federal Records Center, 4712 Southpark Boulevard, Ellenwood, GA 30294 has records from afloat brigs under the area consideration of the Commander, U.S. Atlantic Fleet; and shore brigs under the consideration of the Commander, Navy Installations Command (Pre-trial Confinement Facility (PCF) Jacksonville, FL); Commander, Marine Corps Installations East (PCF Camp Lejeune, NC); and Commander, Navy Personnel Command (Naval Consolidated Brigs Chesapeake, VA, and Charleston, SC).

Federal Records Center, 23123 Cajalco Road, Perris, CA 92570-7298 has records for afloat brigs under the area consideration of the Commander, U.S. Pacific Fleet; and shore brigs under the consideration of the Commander, Marine Corps Installations West (PCF Camp Pendleton, CA); and Commander, Navy Personnel Command (Naval Consolidated Brig Miramar, CA and Naval Consolidated Brig Miramar Detachment Pearl Harbor, HI).

Records of prisoners accompany their transfer to other facilities.

Victim/Witness Records are maintained separately and are destroyed after two years.

SYSTEM MANAGER(S) AND ADDRESS:

Policy Officials: Director, Office of Corrections and Programs (PERS-00D), 5720 Integrity Drive, Millington, TN 38055-6000, and Commandant of the Marine Corps (PSL Corrections), Headquarters, U.S. Marine Corps, 755 South Courthouse Road, Suite 2000, Arlington, VA 22204-2478.

Record Holders: United States Navy Brigs/CCUs and United States Marine Corps Brigs/CCUs.

Official mailing addresses are published in the Standard Navy Distribution List (SNDL) that is available as an appendix to the Navy's compilation of system of records notices or may be obtained from the Director, Office of Corrections and Programs (PERS-00D), 5720 Integrity Drive, Millington, TN 38055-6000, and Commandant of the Marine Corps (PSL Corrections), Headquarters, U.S. Marine Corps, 755 South Courthouse Road, Suite 2000, Arlington, VA 22204-2478.

NOTIFICATION PROCEDURE:

Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the United States Navy Brig or United States Marine/Corps Brig where incarcerated.

Official mailing addresses are published in the Standard Navy Distribution List (SNDL) that is available as an appendix to the Navy's compilation of system of records notices or may be obtained Director, Office of Corrections and Programs (PERS-00D), 5720 Integrity Drive, Millington, TN 38055-6000, and Commandant of the Marine Corps (PSL Corrections), Headquarters, U.S. Marine Corps, 755 South Courthouse Road, Suite 2000, Arlington, VA 22204-2478.

Requests should include full name, last four digits of Social Security Number (SSN), and must be signed by the requesting individual. The system manager may require an original signature or a notarized signature as a means of proving the identity of the individual requesting access to the records.

RECORD ACCESS PROCEDURES:

Individuals seeking access to information about themselves contained in this system of records should address written inquiries to the United States Navy Brig/CCU or United States Marine Corps Brig/CCU where incarcerated/assigned.

Official mailing addresses are published in the Standard Navy Distribution List (SNDL) that is available as an appendix to the Navy's compilation of system of records notices or may be obtained from the Director, Office of Corrections and Programs (PERS-00D), 5720 Integrity Drive, Millington, TN 38055-6000, and Commandant of the Marine Corps (PSL Corrections), Headquarters, U.S. Marine Corps, 755 South Courthouse Road, Suite 2000, Arlington, VA 22204-2478.

Requests should include full name, last four digits of Social Security Number (SSN), and must be signed by the requesting individual. The system manager may require an original signature or a notarized signature as a means of proving the identity of the individual requesting access to the records.

CONTESTING RECORD PROCEDURES:

The Navy's rules for accessing records, contesting contents, and appealing initial agency determinations are published in Secretary of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained from the system manager.

RECORD SOURCE CATEGORIES:

Military personnel records; military financial and medical records; military and civilian investigative and law enforcement agencies; courts-martial proceedings; records of non-judicial administrative proceedings; United States military commanders; staff members and cadre supply information relative to service member's conduct or duty performance; and other individuals or organizations which may supply information relevant to the purpose for which this system was designed.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

Parts of this system may be exempt pursuant to 5 U.S.C. 552a(j)(2) if the information is compiled and maintained by a component of the agency which performs as its principle function any activity pertaining to the enforcement of criminal laws.

An exemption rule for this system has been promulgated in accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c) and (e) and published in 32 CFR part 701, subpart G. For additional information contact the system manager.

FEDERAL REGISTER HISTORY:

April 11, 2007, 72 FR 18216; July 12, 2013, 78 FR 41921.