[Federal Register Volume 78, Number 134 (Friday, July 12, 2013)]
[Notices]
[Pages 41921-41923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16745]
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DEPARTMENT OF DEFENSE
Department of the Navy
[Docket ID: USN-2013-0026]
Privacy Act of 1974; System of Records
AGENCY: Department of the Navy, DoD.
ACTION: Notice to alter a System of Records.
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SUMMARY: The Department of the Navy proposes to alter a system of
records, NM01640-1, Individual Confinement Records, in its inventory of
record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as
amended. This system serves as a legal basis for confinement and
correctional records.
DATES: This proposed action will be effective on August 13, 2013 unless
comments are received which result in a contrary determination.
Comments will be accepted on or before August 12, 2013.
ADDRESSES: You may submit comments, identified by docket number and
title, by any of the following methods:
Federal Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Federal Docket Management System Office, 4800 Mark
Center Drive, East Tower, 2nd Floor, Suite 02G09, Alexandria, VA 22350-
3100.
Instructions: All submissions received must include the agency name
and docket number for this Federal Register document. The general
policy for comments and other submissions from members of the public is
to make these submissions available for public viewing on the Internet
at http://www.regulations.gov as they are received without change,
including any personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Ms. Robin Patterson, Head, PA/FOIA
Office (DNS-36), Department of the Navy, 2000 Navy Pentagon,
Washington, DC 20350-2000, or by phone at (202) 685-6545.
SUPPLEMENTARY INFORMATION: The Department of the Navy's notices for
systems of records subject to the Privacy Act of 1974 (5 U.S.C. 552a),
as amended, have been published in the Federal Register and are
available from the address in FOR FURTHER INFORMATION CONTACT or from
the Defense Privacy and Civil Liberties Office Web site at http://dpclo.defense.gov/privacy/SORNs/component/navy/index.html.
The proposed system report, as required by 5 U.S.C. 552a(r) of the
Privacy Act of 1974, as amended, was submitted on July 2, 2013, to the
House Committee on Oversight and Government Reform, the Senate
Committee on Governmental Affairs, and the Office of Management and
Budget (OMB) pursuant to paragraph 4c of Appendix I to OMB Circular No.
A-130, ``Federal Agency Responsibilities for Maintaining Records About
Individuals,'' dated February 8, 1996 (February 20, 1996, 61 FR 6427).
Dated: July 9, 2013.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
NM01640-1
System name:
Individual Confinement Records (April 11, 2007, 72 FR 18216).
Changes:
* * * * *
System location:
Delete entry and replace with ``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:
Delete entry and replace with ``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:
Delete entry and replace with ``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
[[Page 41922]]
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:
Delete entry and replace with ``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):
Delete entry and replace with ``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:
Delete entry and replace with ``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 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:
Delete entry and replace with ``Paper and electronic storage
media.''
Retrievability:
Delete entry and replace with ``Name and Resident Control Number.''
Safeguards:
Delete entry and replace with ``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:
Delete entry and replace with ``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:
Delete entry and replace with ``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 procedures:
Delete entry and replace with ``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
[[Page 41923]]
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:
Delete entry and replace with ``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.''
* * * * *
[FR Doc. 2013-16745 Filed 7-11-13; 8:45 am]
BILLING CODE 5001-06-P