10 U.S.C. § 951

Establishment; organization; administration

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(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.(Added Pub. L. 90–377, § 1, July 5, 1968, 82 Stat. 287; amended Pub. L. 96–513, title V, § 511(27), Dec. 12, 1980, 94 Stat. 2922.)Editorial NotesAmendments

1980—Subsec. (d). Pub. L. 96–513 substituted “at such facilities” for “as such facilities”.

Statutory Notes and Related SubsidiariesEffective 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, § 115(a)(8)(C), Nov. 26, 1997, 111 Stat. 2466, as amended by Pub. L. 109–248, title I, § 141(i), July 27, 2006, 120 Stat. 604, provided that:“(i) The Secretary of Defense shall specify categories of conduct punishable under the Uniform Code of Military Justice which are sex offenses as that term is defined in the Sex Offender Registration and Notification Act [34 U.S.C. 20901 et seq.], 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 Sex Offender Registration and Notification Act.“(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, § 552, Nov. 30, 1993, 107 Stat. 1662, directed the Secretary of Defense to prescribe procedures, not later than six months after Nov. 30, 1993, for notice of the status of offenders confined in military correctional facilities to be provided to victims and witnesses, to implement a centralized system for the provision of such notice not later than six months after such procedures had been prescribed, to notify Congress upon implementation of the centralized system of notice, and to submit to Congress a report after such system had been in operation for one year, and directed that the requirement to establish procedures and implement a centralized system of notice would expire 90 days after receipt of the report.

Notes of Decisions

Cited in 19 cases, 1972–2018 · leading case: Rumsfeld v. Padilla

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Rumsfeld v. Padilla (2004) scotus · cites it 2× “10 U. S. C. § 951 (c) (providing that the commanding officer of a military correctional facility "shall have custody and control" of the prisoners confined therein).”

United States v. Kebodeaux (2013) scotus · cites it 2× “See note following 10 U. S. C. §951 (2000 ed.). The Secretary had delegated certain types of authority, such as this last mentioned “deem[ing]” authority, to an Assistant Secretary of De- fense.”

Creekmore v. Attorney General of Texas (2004) txed · cites it 2× “Defendants assert that the United States Secretary of Defense, in compliance with 10 U.S.C. § 951 (c), identifies UCMJ offenses that involve conduct compatible with offenses specified in the Wetterling Act, 42 U.”

United States v. Joshua (2010) ca4 “See 10 U.S.C. § 951 (a) (authorizing “the establishment of such military correctional facilities as are necessary for the confinement of offenders against [the UCMJ]”).”

United States v. Bruce (1982) cma “See 10 U.S.C. § 951 . Finally, to suggest that a valid voluntary waiver could occur under the circumstances described in the present case is to defy reason.”

United States v. Martinez (1984) usarmymilrev “This regulation is applicable to all “Active Components and the elements of Reserve Components of the U.”

United States v. Pena (2005) afcca “10 U.S.C. § 951 . Congress has specifically provided for a system of parole in the DOD.”

Creekmore v. Attorney General of Texas (2001) txed “10 U.S.C. § 951 note (2000) (Offenses Against Minors).”

United States v. Baptiste (2014) txwd “' SORNA defines “criminal offense” in turn as “a State, local, tribal, foreign, or military offense (to the extent specified by the Secretary of Defense under section 115(a)(8)(C)(i) of Public Law 105-119 ( 10 U.S.C. § 951 note)) or other criminal offense.”

United States v. Torrance (2013) afcca · cites it 2× “” Reviser’s Note 10 U.S.C. § 951 . Congress initially established this requirement through the Wetterling Improvement Act of 1997, and the Secretary of Defense first promulgated Enclosure 27 to DoDI 1325.”

John B. Witt v. United States of America (1972) ca2 “§ 3661 (repealed in 1968; for present analogue see 10 U.S.C. § 951 (c)).”

Coram v. Board of Examiners, Sex Offender Registry (2003) nysupct · cites it 2× “Notice of Private Coram’s conviction of a sex offense was provided to the New York State Board of Examiners of Sex Offenders by the Department of Defense pursuant to 10 USC § 951 . Following the Board’s determination that Private Coram was required to register, he was sent…”

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