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U.S. REPORT UNDER THE INTERNATIONAL COVENANT ON 
CIVIL AND POLITICAL RIGHTS
JULY 1994


Article 10 - Treatment of Persons Deprived of Their 
Liberty

Humane Treatment and Respect.  As discussed in 
connection with Article 7, the Fifth, Eighth and 
Fourteenth Amendments to the U.S. Constitution, as 
well as federal and state statutes, regulate the 
treatment and conditions of detention of persons 
deprived of their liberty by state action.  In 
addition, as discussed below, at both the federal 
and state levels a number of mechanisms exist to 
ensure that, through enforcement of their 
constitutional and statutory rights, prisoners are 
treated with humanity and respect for their dignity, 
commensurate with their status.

In all criminal correctional systems, the policies 
and practices of prison staff are governed by 
official regulations.  These regulations are based 
on U.S. and state constitutional requirements, and, 
with the exception of rules dealing exclusively with 
staff or security issues, are generally available to 
inmates through inmate libraries.  Few if any 
systems  regulations comply with every provision of 
the United Nations Standards for the Treatment of 
Prisoners and the Code of Conduct for Law 
Enforcement Officials, but most do substantially 
comply.  For example, most U.S. department of 
corrections  regulations do not incorporate the U.N. 
standard that no male staff shall enter a women s 
institution unless accompanied by a woman.  
Nonetheless, the important underlying issue of 
sexual abuse is addressed through staff training and 
through criminal statutes prohibiting such activity.  
For example, federal correctional officers are given 
training regarding appropriate behavior towards 
inmates of the opposite sex, and 18 U.S.C.   2243 
provides that anyone who engages in a sexual act 
with a person in a federal prison may be subject to 
a fine and/or a term of imprisonment.

As evidenced by the many successful suits that have 
been brought to enforce detainees  rights, the 
actual practice of detention in the United States 
frequently does not meet constitutional standards.  
Overcrowding in country jails is a perpetual 
problem, especially as the federal government often 
must rely upon those jails for pretrial detention.  
When prison  policies are, on their face, 
inconsistent with constitutional provisions, or when 
the conduct of staff does not comport with policy, 
prisoners generally can bring their complaints to 
the attention of prison administrators through 
internal grievance procedures.  A prisoner can also 
file suit in the appropriate federal or state court.  
Additionally, there are less formal mechanisms of 
complaint, such as writing letters to government 
representatives or to private activists apprising 
them of inmate concerns.  Inmates are also afforded 
liberal access to the media through both written 
correspondence (28 C.F.R.   540.20 (C)) and in-
person interviews.  In many instances these informal 
mechanisms give rise to internal and outside 
investigations of prison conditions and procedures.

With regard to civil commitments, current statutes 
and judicial decrees typically involve a host of 
procedural safeguards, including notice to relevant 
individuals, judicial hearings, representation of 
counsel, and presentation of evidence and cross-
examination of adverse witnesses.  Multiple opinions 
from mental health professionals are almost always 
required.  Individuals detained as a result of their 
mental state are given appropriate mental health 
treatment and are regularly evaluated for possible 
release.   

Correctional Systems:  Federal Government.  
Individuals convicted of federal crimes are 
sentenced by U. S. District Courts to the custody of 
the United States Attorney General.  The Attorney 
General is appointed by the President and confirmed 
by the U.S. Senate, and  manages the U.S. Department 
of Justice (DOJ).  The Attorney General delegates 
custody responsibilities to the Federal Bureau of 
Prisons (BOP).  The Director of the Bureau of 
Prisons retains full administrative responsibility 
for offenders designated to the Attorney General's 
custody.

The BOP operates nearly 80 correctional facilities 
across the United States.  Offenders are placed in 
institutions based upon a host of factors, including 
the severity level of their offenses, their criminal 
history, and any special needs or requirements.  
Persons being detained prior to their trial, or 
while waiting for their immigration hearings, are 
normally designated to special "detention" 
facilities or housing units within correctional 
institutions.  These inmates are, to the extent 
practicable, managed separately from convicted 
offenders.  See 18 U.S.C. 3142 (i)(2).

Federal offenders may be sentenced directly to 
privately-owned community corrections centers 
(CCC's), also known as "halfway houses."  These 
facilities are usually owned and administered by 
private, nonprofit service organizations (the 
Salvation Army, religious associations, etc.).  
Offenders serving part or all of their federal 
sentences in CCC's are still under the custody of 
the Attorney General and the BOP, although the daily 
management of these offenders is administered by the 
CCC professional staff.  Private halfway houses are 
monitored regularly by BOP staff who provide 
training to CCC staff and who inspect the facilities 
to ensure that the CCC is in compliance with federal 
regulations regarding offender program needs and 
facility safety requirements.

The operation of federal correctional institutions 
is directly supervised by the Director of the Bureau 
of Prisons, who reports to the Attorney General.  
When problems arise or allegations are raised 
regarding misconduct, the Attorney General may 
initiate an investigation.  The Office of Inspector 
General within the Department of Justice conducts 
such investigations at the Attorney General's 
request.  In addition, the BOP investigates 
allegations of staff misconduct internally through 
its Office of Internal Affairs.  A separate branch 
of the Department of Justice may become involved if 
there is reason to believe the prisoners' rights are 
being violated.  The legislative branch, the U.S. 
Congress, may initiate an investigation of the BOP's 
operations where problems are brought to their 
attention.  Finally, federal courts may be called 
upon to resolve problems.

State and Local Systems.  State prisons are normally 
operated by state corrections agencies.  These 
agencies are normally located within the state's 
executive department, reporting to the governor or 
the state attorney general, though some are part of 
the health and human services or law enforcement 
division.  State departments of corrections are 
structured in a fashion similar to the federal 
government.  Persons are committed to the custody of 
the state department of corrections for service of a 
term of imprisonment.  Where there are allegations 
of problems or improper behavior, an investigation 
may be undertaken by the state's attorney general or 
by another branch of the government.  An 
investigation may also be undertaken by federal 
authorities (such as the Civil Rights Division of 
the Department of Justice), particularly if the 
prisoner claims his constitutional rights have been 
violated.  The matter also may be resolved in state 
or federal court.

County and local jails are supervised by the county 
or local government in which they are located.  
County jails, as well as county governments, are 
ultimately responsible to their respective state 
governments.  In some large metropolitan areas, 
municipal or city governments may also exercise 
correctional authority, subject to state and federal 
law.  Many states have systems of jail inspections 
to insure that these local facilities are operated 
in conformity with state and local standards.

Staff Training.  All correctional staff in the 
United States are required to complete orientation 
programs.

Federal Government. All Bureau of Prisons employees 
receive basic training during an intensive three-
week "Introduction to Correctional Techniques" 
course at the Bureau of Prisons Staff Training 
Academy at the Federal Law Enforcement Training 
Center in Glynco, Georgia.  This training program 
provides professional instruction in three 
categories:  academics, firearms, and self-defense.  
Prior to working in correctional facilities, staff 
members must successfully complete this program and 
also participate in "institutional familiarization" 
courses within the correctional institutions at 
which they will work.  Bureau of Prisons staff 
members are required to participate in "annual 
refresher training" programs conducted at the 
beginning of every year for the duration of their 
employment with the agency.

State and Local Systems.   State and local criminal 
justice systems have independent systems of training 
corrections officers.  Prison staff are generally 
trained by spending several weeks at a training 
academy.  The majority of such training programs 
consist of familiarizing new employees with 
department of corrections policies regarding inmate 
treatment, taking into account appropriate state and 
federal law.  Such policies address issues such as 
proper search techniques, correspondence and 
telephone guidelines, use of force, etc.  These 
policies dictate permissible and appropriate staff 
(and inmate) behavior with respect to most aspects 
of prison life.  Accordingly, it is essential that 
staff are aware of the substance of such rules.  

In addition to subjects addressed by department of 
corrections regulations, subjects of instruction 
include race relations, mental health issues, 
introduction to correctional law, prisoner-staff 
relations, communication skills, self-defense and 
firearms training.  Following the training at the 
academy, most correctional workers spend several 
weeks in on-the-job-training where they become more 
familiar with the workings of the particular 
institution to which they are assigned and gain some 
experience in dealing with inmates.  Yearly 
refresher training is required of most correctional 
workers.          

The American Corrections Association, a private, 
nonprofit organization, has as its purpose to 
promote improvement in the management of American 
correctional agencies through the administration of 
a voluntary accreditation program and the ongoing 
development of relevant, useful standards.  The 
accreditation process began in 1978 and currently 
involves about 80 percent of all state departments 
of corrections and youth services as active 
participants, as well as facilities operated by the 
District of Columbia and the U.S. Department of 
Justice.  

ACA standards require that "a written body of policy 
and procedure establishes the institution's training 
and staff development programs, including training 
requirements for all categories of personnel."  They 
also require that all new full-time employees 
receive 40 hours of orientation training before 
undertaking their assignments.  Orientation training 
includes at a minimum the following:  orientation to 
the purpose, goals, policies, and procedures of the 
institution and parent agency; working conditions 
and regulations; employees' rights and 
responsibilities; and an overview of the 
correctional field.  Depending on the employee(s) 
and the particular job requirements, orientation 
training may include preparatory instruction related 
to the particular job.  ACA Standards, 1990.  
Facilities must provide specific training programs 
for administrative staff, specialist employees, 
professional workers, support staff, clerical 
workers, part-time and contract individuals.  
Training needs and programs must be reviewed and 
updated annually.  

Many correctional training and staff development 
programs are supplemented by the resources of public 
and private agencies, local police academies, 
private industry, colleges, universities, and 
libraries.  Outside guidance and assistance for the 
institution's training program can take the form of 
materials, equipment, course development, and 
evaluation techniques. Training opportunities are 
also available for state and local agencies at the 
national level.  The National Institute of 
Corrections, the National Academy of Corrections, 
the National Institute of Justice, the Federal 
Bureau of Investigation, large corporations, and 
various professional groups all provide managerial, 
specialized, and advanced training opportunities for 
state and local corrections officials in addition to 
the basic training provided in the institutions.

Complaints.  The Department of Justice receives and 
acts on complaints sent directly from both federal 
and state prisoners.  Such letters are received 
regularly both by the Civil Rights Division and by 
the Federal Bureau of Investigation (FBI).  All 
letters from prisoners are carefully reviewed to 
determine if they state a basis for a criminal 
investigation.  Those which complain about 
conditions of confinement are referred to the Civil 
Rights Division's Special Litigation Section to 
determine if any civil action may be warranted 
pursuant to the Civil Rights of Institutionalized 
Persons Act.  

The Civil Rights Division's Criminal Section also 
receives referrals from the Federal Bureau of 
Prisons.  When a federal prisoner complains to the 
federal prison about the conduct of a prison 
official -- typically a correctional officer -- and 
the substance of that complaint indicates a possible 
criminal violation, the Bureau of Prisons 
immediately transmits the complaint to the Civil 
Rights Division for review.

If a letter from a prisoner, or the prisoner's 
complaint forwarded by the Bureau of Prisons, 
indicates that a prosecutable civil rights offense 
may have occurred, the FBI conducts a preliminary 
investigation.  Typically, these complaints will 
allege the use of excessive force by a prison guard.  
In its investigation the FBI will interview the 
victim and any witnesses, and will obtain any 
relevant written records, such as incident reports 
or medical records.  The results of this 
investigation are analyzed by an attorney in the 
Criminal Section to determine what facts can be 
proven and whether these facts indicate that a 
criminal civil rights violation has occurred.  If 
so, the attorney may recommend that a grand jury 
investigation be instituted.  The grand jury 
investigation may lead to indictment and criminal 
prosecution of the prison official.

Many complaints involve individual grievances, 
including alleged wrongful conviction of a criminal 
offense, problems involving parole, grievances 
against the convicts' counsel, request for transfer 
to a different facility, and other requests for 
personal assistance.  For the most part, the 
Department of Justice is without authority to 
address these individual problems, but other 
remedies may be available.

Other complaints allege systemic deficiencies, e.g., 
lack of adequate medical care, violence, abuse and 
neglect of a significant number of individuals, lack 
of adequate staff to afford necessary services and 
supervision, lack of safety for individuals 
confined, insufficient treatment or training for 
mentally disabled individuals, inadequate 
sanitation, and the like.  Pursuant to the Civil 
Rights of Institutionalized Persons Act, 42 U.S.C.   
1997e, the Attorney General has authority to 
investigate various public facilities where she 
believes that conditions are subjecting confined 
individuals to a pattern or practice of deprivations 
of their constitutional rights.  Since the passage 
of the statute in 1980, some 150 institutions have 
been investigated.

Prosecutions. Abuses do sometimes occur in jails and 
prisons in the United States.  The states can and do 
prosecute their abusive prison officials.  In 
addition, the Department of Justice has conducted 
prosecutions in a variety of cases involving federal 
and state prison officials.  The following are 
illustrative examples of such prosecutions:

 In 1990 three correction officers of the Adult 
Correctional Facility at Cranston, Rhode Island, 
were sentenced to prison terms ranging from six 
months to a year for beating an inmate who had been 
convicted of child molestation.  Upon his arrival at 
the prison, the inmate was beaten about the head and 
kicked in the ribs by a group of guards.

 In 1991, five prison guards at Cross City 
Correction Institute in Florida were convicted and 
sentenced to terms ranging from nine months to 
nearly six years.  The guards had roamed the prison 
shortly after a riot and beaten prisoners in 
retaliation.  Some of the prisoners beaten had not 
even participated in the riot.  Several of the 
prisoners suffered severe injuries, including one 
inmate who lost an eye when he was kicked in the 
face while down on his hands and knees.

 In 1993, the Chief Correctional Officer of the 
Washington County Jail in West Virginia was 
sentenced to 37 months incarceration and ordered to 
pay $14,933 in restitution after he pled guilty to 
coercing women inmates into having sexual encounters 
with him.  The defendant exchanged drugs and prison 
privileges for sex and threatened inmates that if 
they did not cooperate with him, they would be 
transferred or not released from jail.

Since October 1988, the Department of Justice has 
filed charges in approximately 126 cases of official 
misconduct.  These cases involved approximately 180 
police officers.  About fifteen of the cases 
involved officials violating the civil rights of a 
prisoner or person in jail; approximately 55 
officials were involved in such cases.

Segregation of the Accused from the Convicted.  A 
suspect detained pending trial is entitled to 
greater rights and privileges than convicted persons 
and may not be punished.  To ensure these rights and 
privileges are provided, accused persons are, to the 
extent practicable, segregated from convicted 
persons.  United States v. Lovett, 328 U.S. 303 
(1946).  Such separation is required by federal law, 
18 U.S.C.   3142, and many state laws contain 
similar provisions.  Separation of federal detainees 
is accomplished by housing pretrial detainees in 
separate units within Metropolitan Correctional or 
Detention Centers, or in local jails, or in federal 
correctional institutions.  See 28 C.F.R.   551.104.  
When consistent with the security and good order of 
the correctional facility, and where it appears to 
present no danger to the detainee, a pre-trial 
detainee, at the detainee's request, may be 
intermingled with convicted prisoners in order to 
participate in programs. Most state and county 
corrections policies require separation of 
individuals based upon their conviction status 
whenever practicable.  When possible, pretrial 
detainees are separated from convicted offenders.  
Due to overcrowding in most correctional systems, 
the separation of pretrial and convicted offenders 
is not always possible due to space constraints.  
Moreover, in the military justice system, 
segregation of the accused from the convicted cannot 
always be guaranteed in light of military 
exigencies.  

U.S. Understanding.  Because of the above and 
related concerns, the United States included in its 
instrument of ratification the following statement 
of understanding:

     The United States understands the reference to 
"exceptional circumstances" in paragraph 2(a) of 
Article 10 to permit the imprisonment of an accused 
person with convicted persons where appropriate in 
light of an individual's overall dangerousness, and 
to permit accused persons to waive their right to 
segregation from convicted persons.

Treatment of Juveniles.  U.S. law, policy, and 
practice are generally in compliance with the 
Covenant's requirements regarding separate treatment 
of juveniles in the criminal justice system.  In 
general, children deprived of their liberty in the 
U.S. are constitutionally entitled to treatment 
appropriate to their age and status.  Courts have 
developed a substantial body of case law in this 
area, requiring, inter alia, that incarcerated 
children be accorded decent accommodations, 
education and support services.  See, e.g., Inmates 
of Boys' Training School v. Afflack, 346 F. Supp. 
1354 (D.R.I. 1972).  Federal law requires that 
juvenile offenders be completely segregated from 
adult inmates.  See 18 U.S.C.   5039.  Most state 
and local correctional facilities never place 
juvenile offenders with adult prisoners, regardless 
of overcrowded conditions.  Separate facilities, or 
units within facilities, are often utilized to 
ensure that these groups remain apart.  In the vast 
majority of jurisdictions, children who are deprived 
of their liberty are housed in facilities or homes 
devoted solely to juveniles.  In those cases in 
which juveniles and adults are housed in the same 
facility, they are completely segregated.  The only 
exception to this practice occurs when an older 
juvenile's case has been transferred to the adult 
criminal court and he or she is subsequently 
imprisoned as an adult.  

U.S. Reservation.  Nonetheless, close consideration 
of the Covenant's provisions in this regard 
indicated that it would be prudent to retain a 
measure of flexibility to address exceptional 
circumstances in which trial or incarceration of 
juveniles as adults might be appropriate, for 
example, prosecution of juveniles as adults based on 
their criminal histories or the especially serious 
nature of their offenses, and incarceration of 
particularly dangerous juveniles as adults in order 
to protect other juveniles in custody.  Moreover, 
there is no separate system for juveniles within the 
United States armed services.  Individuals are 
permitted to enlist in the military at age 17.  They 
are subject to the Uniform Code of Military Justice 
as fully as other members of the military.  Cadets 
of the service academies also are subject to the 
Code.  Accordingly, the United States included the 
following reservation in its instrument of 
ratification:

      [T]he policy and practice of the United States 
are generally in compliance with and supportive of 
the Covenant's provisions regarding treatment of 
juveniles in the criminal justice system.  
Nevertheless, the United States reserves the right, 
in exceptional circumstances, to treat juveniles as 
adults, notwithstanding paragraphs 2(b) and 3 of 
Article 10 and paragraph 4 of Article 14.  The 
United States further reserves to these provisions 
with respect to individuals who volunteer for 
military service prior to age 18.

Reform and Rehabilitation.  While there is no right 
under the U.S. Constitution to rehabilitation, 
Coakley v. Murphy, 884 F.2d 1218 (9th Cir. 1989), 
all prison systems have as one of their goals the 
improvement of prisoners to facilitate their 
successful reintegration into society.  For example, 
the Federal Bureau of Prisons' mission is to protect 
society by confining offenders in the controlled 
environments of prisons and community-based 
facilities that are safe, humane, and appropriately 
secure, and which provide work and other self-
improvement opportunities to assist offenders in 
becoming law-abiding citizens.  Moreover, Bureau of 
Prisons regulations require virtually all BOP 
institutions to provide a range of academic, 
occupational, and leisure-time activities to allow 
inmates to improve their knowledge and skills.  28 
C.F.R.   544.80-544.83.

While the extent of educational, vocational, and 
treatment programs varies among prison systems, such 
programs are an integral part of every correctional 
institution.  In nearly all prison systems able-
bodied sentenced  prisoners are required to work, 
although exceptions are made for inmates who are 
enrolled in educational and vocational training 
programs.  Pretrial detainees, persons committed for 
mental health studies, material witnesses and other 
non-convicted detainees may not be forced to work 
other than to maintain their personal living space.  
In many cases these prisoners agree to work; many do 
so to alleviate boredom and to earn spending money 
or to assist their families.  While not required by 
the Constitution, prisoners are usually compensated 
for their services, though the pay is modest.  
Correctional institutions employ prisoners in 
industry (manufacturing furniture and many other 
items), data processing, and maintenance and repair.  
Inmates with a low security classification may be 
released during the day to work on community 
projects such as maintaining state and federal parks 
and public roads.  Some federal correctional 
institutions are located on the grounds of military 
bases and the inmates provide support services to 
the military such as lawn maintenance.  Some 
correctional institutions allow private businesses 
to employ prisoners, but such arrangements are 
complicated as to appropriate compensation for the 
prisoners.  See Gilbreath v. Cutter Biological, 
Inc., 931 F.2d 1320 (9th Cir. 1991).

In addition to providing necessary services to the 
correctional institution, jobs enable the inmates to 
earn money to help support their families, and to 
receive training for employment after release.  Many 
prisons offer vocational training programs such as 
auto mechanics and metal work that allow prisoners 
to become certified to pursue a trade upon release.  

Some prisoners incarcerated in correctional 
institutions operated by the Federal Bureau of 
Prisons have the opportunity to work in Federal 
Prison Industries (tradename UNICOR).  UNICOR 
operates factories, printing plants, and data 
processing centers to produce a vast array of goods 
and services sold to components of the federal 
government.  Inmates who work in UNICOR earn up to 
$1.40 per hour, substantially more than inmates 
employed in institution maintenance positions.  
Moreover, they learn skills applicable to many 
private sector jobs.  

All prisons have education programs and inmates are 
strongly encouraged to participate.  Federal law 
requires the Bureau of Prisons to operate a 
mandatory functional literacy program for inmates to 
ensure that inmates possess reading and mathematical 
skills equivalent to the eighth grade level.  
Further, non- English-speaking federal inmates must 
participate in an English as a second language 
program until they also meet the literacy 
requirements.  18 U.S.C.   3624(f).  In addition to 
basic educational programs including the preparation 
for the Federal Education Development certificate, 
many prisons offer university courses by 
correspondence or by bringing college instructors to 
the prison.  Staff encourage inmates to enroll in 
such programs, and they assist inmates in exploring 
sources of funding. See, e.g., 28 C.F.R.   544.20-
21. 

Federal prisoners are also given the opportunity to 
participate in social education programs designed to 
"improve their interpersonal relationships, 
communication, self-motivation, realistic goal 
setting, and positive self- concept."  28 C.F.R.   
544.90.

A significant number of prisoners suffer from 
chemical and alcohol dependency; specifically, 47 
percent of federal inmates manifest such problems.  
Accordingly, correctional institutions have drug and 
alcohol treatment programs designed to help the 
prisoners overcome their dependencies.  Some 
programs offer inmates individual or group 
counseling sessions, and other, more intensive 
programs, involve full-time treatment.  These 
programs extend into an intensive community 
supervision phase to help offenders remain drug-free 
upon release.

In furtherance of the programs described above and 
in order to protect the safety of prisoners and 
staff alike, prison administrators have found it 
useful to classify prisoners and house prisoners 
with others who share some important 
characteristics.  For example, it would be dangerous 
to house young, inexperienced, nonviolent offenders 
with older men who have spent a great deal of their 
lives in prison for the commission of violent, 
predatory crimes.  Accordingly, prisoners are 
classified at a particular security level prior to 
their admission into a correctional institution.  
Classification decisions are based on age, prior 
criminal history, offense giving rise to the 
imprisonment,  history of escape or violence, 
history of prison misconduct, as well as the 
prisoner's needs regarding treatment, education, and 
release planning.

The Military Justice System.  The Department of 
Defense has established uniform policies among the 
military services in the treatment of prisoners, the 
operation and administration of correctional 
facilities and programs, and the consideration of 
prisoners for return to duty, clemency, or parole.  
DoD Directive (DoDD) 1325.4, 19 May 1988.  
Consistent with this policy, military members 
deprived of their liberty because they have 
committed criminal offenses are treated humanely, 
with respect for their dignity and in a structured 
behavioral treatment system the fundamental goals of 
which are reformation and rehabilitation.

The objective of the confinement and correction 
program in the military is to provide quality 
confinement and rehabilitative services to 
commanders.  Use of positive measures and 
rehabilitation is intended to prepare the maximum 
number of prisoners for return to military duty with 
improved attitudes and behavior, and to return those 
judged unfit for further military duty to the 
civilian community as more productive and 
responsible citizens. The goals of the confinement 
and correction program are to help individuals solve 
their problems, correct their behavior, and improve 
their attitudes toward self, military, and society.

On confinement, the confinement officer or appointee 
determines a custody grade for the prisoner.  As a 
rule, medium is the initial custody grade unless 
there is a specific reason to assign the prisoners 
to maximum or minimum custody.  Prisoners are 
assigned to maximum custody if they are a danger to 
themselves or others, present a high escape risk, or 
are sentenced to death.  Maximum custody prisoners 
are confined separately in a single cell.  Medium 
custody prisoners require continuous supervision. 
They are eligible for normal work assignments 
outside the confinement or correction facility.  
Minimum custody prisoners require little supervision 
due to trustworthiness, attitude, and dependability.  
With approval from the installation commander, 
minimum custody prisoners may go to and from work or 
appointments without escort.

Military prisoners are employed in maintenance and 
support activities that provide useful and 
constructive work.  Work assignments must be 
consistent with the prisoner's grade, custody level, 
physical and mental condition, behavior, sentence 
status, and previous training.  Assignments should 
contribute toward the prisoner's correctional 
treatment and the needs of the confinement or 
correction facility.  Prisoners not in training for 
return to duty will normally be assigned to work 
projects in preparation for return to civilian life.

   There is no separate system for juveniles.  
Individuals are permitted to enlist in the military 
at age 17.  They are subject to the Uniform Code of 
Military Justice as fully as other members of the 
military.  Cadets of the service academies also are 
subject to the Code.

U.S. Understanding.  While acknowledging that 
reformation and social reform of prisoners are 
fundamental objectives, the United States included 
the following interpretive statement in its 
instrument of ratification:

     The United States further understands that 
paragraph 3 of Article 10 does not diminish the 
goals of punishment, deterrence and incapacitation 
as additional legitimate purposes for a penitentiary 
system.
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