Part 48 (1/2)

235. Whenever the guard or a relief is dismissed, each member not at once required for duty will place his rifle in the arm racks, if they be provided, and will not remove it therefrom unless he requires it in the performance of some duty.

236. Without permission from the commander of the guard, members of the main guard, except orderlies, will not leave the immediate vicinity of the guardhouse. Permission to leave will not be granted except in cases of necessity.

237. Members of the main guard, except orderlies, will not remove their accouterments or clothing without permission from the commander of the guard. (Par. 66.)

SECTION 15. PRISONERS.

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 pa.s.sed 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.