10 U.S.C. § 951
Section 951 · Establishment; organization; administration
Amended 2 times on record
Applied in 33 court decisions — leading case Rumsfeld Secretary of Defense v. Padilla et al. (2004)
Most recently applied in United States v. Mark Icker (September 2021)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
1980—Subsec. (d). Pub. L. 96–513 substituted “at such facilities” for “as such facilities”.
Effective 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.
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, provided that:
“(a) In General.—The Secretary of Defense shall prescribe procedures and implement a centralized system for notice of the status of offenders confined in military correctional facilities to be provided to victims and witnesses. Such procedures shall, to the maximum extent practicable, be consistent with procedures of the Federal Bureau of Prisons for victim and witness notification.
“(b) Deadline for Prescribing Procedures.—The Secretary of Defense—
“(1) shall prescribe the procedures required by subsection (a) not later than six months after the date of the enactment of this Act [Nov. 30, 1993]; and
“(2) shall implement the centralized system required by that section not later than six months after those procedures are prescribed.
“(c) Notification and Reporting Requirement.—(1) Upon implementation of the centralized system of notice under subsection (a), the Secretary shall notify Congress of such implementation.
“(2) After such system has been in operation for one year, the Secretary shall submit to Congress a report detailing the lessons learned during the first year of operation.
“(d) Termination of Requirement.—The requirement to establish procedures and implement a centralized system of notice under subsection (a) shall expire 90 days after the receipt of the report required by subsection (c)(2).”