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Military Correctional Facilities: Consistent Application of Standards and Improved Oversight Could Enhance Health and Safety

GAO-23-105082 Published: Dec 19, 2022. Publicly Released: Dec 19, 2022.
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Fast Facts

The U.S. military services operate a combined 36 military correctional facilities around the world. As of 2021, these facilities held 1,131 service members who were awaiting trial or had been sentenced by court-martial.

Each service branch is responsible for ensuring the health and safety of the staff and incarcerated service members at their respective facilities. We found:

  • Most of the branches routinely assess whether their facilities adhere to established health and safety standards, but the Air Force does not
  • Staffing shortages at Marine Corps facilities pose health and safety risks

Our recommendations address these issues.

A person locking a door with a key in a correctional facility.

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Highlights

What GAO Found

The Office of the Secretary of Defense (OSD) and the military departments have developed health and safety standards for military correctional facilities (MCFs). However, GAO found that the Air Force does not routinely assess its MCFs for adherence to these standards. Specifically, it is the only service that has not

  • required the routine assessment of adherence to a uniform set of MCF-specific health and safety standards, and
  • assessed all of its MCFs to determine adherence with these standards.

By routinely assessing all of its MCFs, the Air Force could better ensure that its MCFs are meeting health and safety standards, and identify and respond to any potential risks to the health and safety of MCF staff and incarcerated persons.

Marine Corps Installations—West, Camp Pendleton Base Brig, Camp Pendleton, CA

Marine Corps Installations—West, Camp Pendleton Base Brig, Camp Pendleton, CA

Adherence to health and safety standards varied and some identified deficiencies have not been addressed at Air Force and Marine Corps MCFs across a sample of eight MCFs. Specifically,

  • Selected Army and Navy MCFs generally adhered to health and safety standards and addressed identified deficiencies, according to inspection reports.
  • Inspections from 2017 to 2019 at an Air Force base identified structural and procedural deficiencies at the Air Force MCF. In 2020, an investigation prompted by a December 2019 suicide at the MCF resulted in an almost year-long closure of the MCF to address deficiencies identified. The Air Force has plans to address the remaining facility deficiencies identified in the earlier inspections; that work is expected to begin in fiscal year 2023.
  • Inspections and audits have identified staffing shortages at Marine Corps MCFs, including those GAO selected. Additionally, officials have identified security personnel shortages at Marine Corps MCFs that result in 24-hour work shifts, posing a safety risk. Officials stated that they are in the process of reviewing personnel allocations at MCFs. However, if additional positions are approved, whether local commanders will use their discretion to fill them is unclear. Until the Marine Corps develops a plan to approve and fill positions at MCFs, incarcerated persons and MCF staff are at greater risk for health and safety incidents.

Why GAO Did This Study

As of 2021, DOD held 1,131 incarcerated persons in 36 MCFs located across the United States, Europe, the Middle East, and Asia. DOD's MCFs are administered by the military services, each of which is responsible for operating its correctional facilities to maintain good order, discipline, safety, and security.

Senate Report 116-236 accompanying a bill for the National Defense Authorization Act for FY2021 included a provision for GAO to review matters related to health and safety at MCFs. This report assesses, among other things, the extent to which (1) OSD and the military departments have developed health and safety standards for MCFs and assessed adherence to these standards and (2) selected MCFs have adhered to health and safety standards and the services have addressed any identified deficiencies.

To conduct this assessment, GAO analyzed guidance and reviewed the results of inspections and audits at eight selected MCFs, among other things. GAO selected two MCFs from each service to capture a range of facility levels and locations.

Recommendations

GAO is making five recommendations, including that the Air Force ensure all MCFs are routinely assessed for adherence to health and safety standards, and the Marine Corps develop a plan to address staffing shortages at MCFs. DOD generally concurred with GAO's recommendations.

Recommendations for Executive Action

Agency Affected Recommendation Status
Department of the Air Force The Secretary of the Air Force should ensure that all Air Force MCFs, which currently are all Level I confinement facilities, are routinely assessed for adherence to health and safety standards, such as by revising Air Force guidance to require such assessments. (Recommendation 1)
Closed – Implemented
DOD partially concurred with this recommendation. As of April 2023, the Department of the Air Force updated its guidance requiring staff assistance visits that review health and safety standards for all Level I Confinement Facilities once every three years using health and safety checklists. As a result, the Air Force can better ensure that its MCFs are meeting health and safety standards, and identify and respond to any risks to the health and safety of MCF staff and incarcerated persons.
Department of the Navy The Secretary of the Navy should ensure that the Commandant of the Marine Corps develops a plan for correcting deficiencies identified from higher-level inspections and audits at the Camp Lejeune and Camp Pendleton MCFs. (Recommendation 2)
Open
DOD concurred with this recommendation. As of February 2023 DOD stated that the Marine Corps is drafting policy that will require corrective action plans, if needed, in response to all higher-level inspections. DOD estimates that this action will be complete in December 2023.
Department of the Navy The Secretary of the Navy should ensure that the Commandant of the Marine Corps develops a plan for approving and filling positions related to staffing shortages of health and safety-related personnel at MCFs. (Recommendation 3)
Open
DOD concurred with this recommendation. As of February 2023, DOD stated that the Marine Corps will analyze and validate positions related to staffing shortages and is considering contracting options as an interim solution. DOD estimates that this action will be complete in December 2024.
Department of the Navy The Secretary of the Navy should ensure that the Commandant of the Marine Corps develops a plan for approving and filling security positions to address the 24-hour personnel model used at MCFs. (Recommendation 4)
Open
DOD concurred with this recommendation. As of February 2023, DOD stated that the Marine Corps will conduct a risk analysis, policy review, and validation of USMC MCFs to ensure the safety of security personnel to address the 24-hour personnel model used at USMC MCFs. DOD further stated that upon completion of the analysis, the Marine Corps will develop procedural and personnel solution recommendations and plan of action to address the 24-hour personnel model used at USMC MCFs. Once complete, DOD stated that the Marine Corps will register the requirement for Corrections structure and the redistribution of existing structure.
Department of Defense The Secretary of Defense, in coordination with the Under Secretary of Defense for Personnel and Readiness (USD (P&R)), should issue or revise existing guidance, such as DOD Instruction 1325.07 or the DOD Corrections Council charter, to require that the services report to the USD(P&R) (1) the specific details of incidents that implicate health and safety standards or that require internal reporting to a service corrections command due to their serious or critical nature and (2) the results of higher-level inspections and audits of MCFs and actions taken to remedy identified deficiencies. (Recommendation 5)
Open
DOD concurred with this recommendation. In February 2023 DOD stated that it is in process of updating its guidance and estimated that the action will be complete no later than December 2024.

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Topics

Compliance oversightMilitary departmentsConfinement facilitiesCorrectional facilitiesHealth and safetyMilitary correctional facilitiesMilitary forcesSafety standardsJoint baseCriminal investigations