U.S. Department of Homeland Security
Immigration and Customs Enforcement
Office of Professional Responsibility
Inspections and Detention Oversight
Washington, DC 20536-5501

Office of Detention Oversight
Compliance Inspection

Enforcement and Removal Operations
Boston Field Office
Bristol County Jail and House of Correction
North Dartmouth, Massachusetts

January 15-17, 2013

COMPLIANCE INSPECTION
BRISTOL COUNTY JAIL AND HOUSE OF CORRECTION
BOSTON FIELD OFFICE
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...............................................................................................1
INSPECTION PROCESS
Report Organization .................................................................................................5
Inspection Team Members .......................................................................................5
OPERATIONAL ENVIRONMENT
Internal Relations .....................................................................................................6
Detainee Relations ...................................................................................................6
ICE PERFORMANCE-BASED NATIONAL DETENTION STANDARDS
Detention Standards Reviewed ................................................................................8
Detainee Handbook..................................................................................................9
Detention Files .......................................................................................................11
Disciplinary System ..............................................................................................12
Environmental Health and Safety ..........................................................................14
Funds and Personal Property .................................................................................16
Law Libraries and Legal Material .........................................................................17
Visitation ................................................................................................................18

EXECUTIVE SUMMARY
The Office of Professional Responsibility (OPR), Office of Detention Oversight (ODO)
conducted a Compliance Inspection (CI) of the Bristol County Jail and House of
Correction (BCJ) in Dartmouth, Massachusetts, from January 15 to 17, 2013. The Bristol
County Sheriff’s Office owns and operates BCJ. BCJ opened in 1990, and underwent
remodeling in 2004 and 2006, at which time 128 additional beds were added. Since April 2000,
ICE has housed male and female detainees of all classification levels (Level I- lowest threat,
Level II- medium threat, Level III- highest threat) in excess of 72 hours through an
intergovernmental service agreement. BCJ has a capacity of 1,365 total beds, 240 of which are
reserved for ICE detainees. At the time of the CI, BCJ housed 148 ICE detainees: 131 males and
17 females. The Bristol County Sheriff’s Office provides the food services and the Correctional
Psychiatric Service provides medical care.
The Office of Enforcement and Removal Operations (ERO) Field Office Director (FOD) in
Boston, Massachusetts (FOD Boston) is responsible for ensuring the facility’s compliance with
ICE policies and the ICE Performance-Based National Detention Standards (PBNDS). No ICE
staff is permanently located at BCJ; however, an Immigration Enforcement Agent (IEA) visits
BCJ at least three days per week to address detainee concerns regarding detention conditions. A
second IEA is available to assist in monitoring detention conditions when the primary IEA is
unavailable. A Detention Service Manager is assigned to BCJ to monitor oversight and
compliance with the ICE PBNDS. The Detention Service Manager liaisons with both ICE and
BCJ staff to ensure detainee health, safety, and welfare. ODO found the IEAs are on-site
frequently to interact with detainees, address immigration matters, and coordinate activities
between FOD Boston and BCJ.
BCJ operates under a county Sheriff and a Superintendent, who are in charge of corrections and
detention programs. BCJ employs a total of(b)(7)esecurity and (b)(7)esupport staff. Additionally,
BCJ has designated an Assistant Superintendent for immigration services, who is directly
responsible for detainee custody and welfare.
In June 2011, ODO conducted a Quality Assurance Review at BCJ. Of the 25 National
Detention Standards reviewed, 12 were in full compliance. ODO cited 35 deficiencies in the
remaining 13 standards.
In April 2012, ERO Detention Standards Compliance Unit contractor, The Nakamoto Group,
Inc., conducted an annual review of the PBNDS at BCJ. The facility received an overall rating
of “Meets Standards,” and was found to be in compliance with 40 of 41 standards reviewed. The
Voluntary Work Program standard was assigned a rating of “Not Applicable.”
During this CI, ODO reviewed 22 PBNDS, and found BCJ compliant with 15 standards. ODO
found ten deficiencies within the following seven standards: Detainee Handbook (2 deficiencies),
Detention Files (2), Disciplinary System (2), Environmental Health and Safety (1), Funds and
Personal Property (1), Law Libraries and Legal Material (1), and Visitation (1). Four similar
deficiencies to those noted during the 2011 Quality Assurance Review were found in the
following three standards: Detention Files (2), Funds and Personal Property (1), and
Visitation (1).
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This report details all deficiencies and refers to the specific relevant sections of the PBNDS.
ERO will be provided a copy of this report to assist in developing corrective actions to resolve
the ten identified deficiencies. These deficiencies were discussed with BCJ personnel on-site
during the inspection and with BCJ management during the closeout briefing on
January 17, 2013.
According to BCJ staff, the CDM affords detainees more movement compared to a typical jail
setting. Detainees at BCJ are housed separately from inmates in an open dormitory-style
dwelling. BCJ has designated a Chief of Immigration Services and (b)(7)ecaseworkers to address
the needs of detainees. BCJ immigration services staff and caseworkers provide direct
supervision and are able to communicate with detainees in the English, Spanish, and Portuguese
languages.
ODO found housing identification cards were not being consistently maintained for each
detainee’s file. Not all detainee files contained property receipts (Form G-589). The file
removal/return tracking log did not contain the required information. ODO noted these are
repeat deficiencies from the 2011 Quality Assurance Review. BCJ staff was apprised of the
deficiencies during the CI in order to implement corrective actions.
BCJ’s detainee handbook fails to reference detainee rights, including freedom from
discrimination based upon on race, religion, national origin, sex, sexual orientation, disability, or
political beliefs. The handbook also fails to describe the procedures for claiming property upon a
detainee’s release or removal. These deficiencies were brought to the attention of BCJ
management during the inspection to in order to implement corrective actions.
From January 20, 2012, through January 7, 2013, detainees filed a total of 44 grievances:
20 related to disciplinary actions involving lock-downs during emergency fire drills; 15 related
to food service portions; three related to delayed mail and correspondence; and three related to
commissary snack variety. Grievances regarding medical care are delivered directly to a medical
staff within 24 hours or the next business day by the Grievance Officer. Informal grievances
were usually resolved promptly, and the resolutions were recorded both in electronic and manual
logs, and copies were maintained in each individual detainee’s file. ODO noticed BCJ
caseworkers provide detainees individualized orientation briefings during intake, and detainees
have ample access to BCJ and ICE staff throughout their custody. Through the collaborative
efforts of BCJ and ICE staff, detainee immigration, personal, and confinement issues are able to
be addressed without resorting to expansive complaints.
During the past calendar year, BCJ held 190 disciplinary hearings. ODO verified disciplinary
episode reports were investigated by a shift supervisor, and all evidence and documentation is
reviewed by the Unit Disciplinary Committee or Institutional Disciplinary Panel. However, in
two of the four disciplinary actions taken against detainees in the past six months, hearings were
not conducted within 24 hours. Translation and interpretation services are available to detainees
involved in the disciplinary process, if required. ODO noted the BCJ handbook does not contain
an anti-discrimination policy.
At the time of the inspection, there were no detainees in segregation. ODO found written orders
are issued by a supervisor prior to a detainee’s placement in the SMU, and the detainee receives
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a copy within 24 hours. Detainees were screened by medical staff upon admission to the SMU,
and a Lieutenant conducts in-person reviews with detainees within 72 hours. (b)(7)e Correctional
Officers provide direct supervision of detainees by performing checks every 30 minutes, and
document those checks in the cell logbook.
According to staff and based on review of documentation, there was one immediate use of force
incident, and no calculated use of force incidents involving ICE detainees in the past 12 months.
The immediate use of force incident involved deployment of Oleoresin Capsicum (OC) spray.
Review of documentation and video footage supported full compliance with facility policy and
the PBNDS. ODO reviewed the training record of the Lieutenant who deployed the OC spray,
and confirmed current training and certification status was up-to-date. BCJ’s use of force policy
has provisions for the use of four/five point restraints when ambulatory restraints are insufficient
to protect and control a detainee. Facility and ICE staff informed ODO there were no instances
of use of four/five point restraints on detainees in the last 12 months. Electro-muscular
disruption devices are not used at BCJ.
During the time of the CI, BCJ was storing hazardous materials in a stand-alone trailer located
outside the secure perimeter of the facility. There were no current inventories for any of the
substances stored in the trailer, and the substances were not stored in secure cabinets.
ODO observed general sanitation had improved throughout the facility, especially in the kitchen
and satellite feeding areas. All areas of the food service operation were found to be clean and
well organized. Cleaning schedules were posted throughout the food service areas, and food
service workers were observed following “clean-as-you-go” procedures. Review of
documentation confirmed comprehensive daily inspections are conducted by the Food Service
Supervisor, and weekly inspections are conducted by the Risk Management Supervisor.
Health care is provided on a 24-hour basis by contractor Correctional Psychiatric Services (CPS).
The Clinical Medical Authority, licensed as a physician in Massachusetts and board-certified in
Internal Medicine, is on-site on a full-time basis. Administrative oversight of health services is
provided by the Health Services Administrator (HSA), who is a Licensed Clinical Social
Worker. CPS staffing for the BCJ complex consists of b)(7)efull-time positions. In addition to the
Clinical Medical Authority and HSA, full-time staff includes (b)(7)e Nurse Practitioners, (b)(7)e
Registered Nurses, (b)(7)eLicensed Practical Nurses, (b)(7)esocial workers, and administrative
support personnel. In addition to full-time staff, CPS provides as-needed nursing staff, a
psychiatrist (b)(7)edentists and an optometrist. ODO determined staffing is adequate to provide
health services to the detainee population. ODO verified professional credentials including
licensure, insurance, DEA registration, and other applicable certifications for all b)(7)emedical staff
members were current and primary-source verified.
The medical department is not accredited by the National Commission on Correctional Health
Care (NCCHC) or The Joint Commission (TJC). ODO was informed both NCCHC and TJC
accreditation was previously held; however, the facility and CPS decided not to pursue renewal.
ODO was further informed BCJ is inspected on an annual basis by the Massachusetts
Department of Corrections. The last inspection report, dated September 27, 2012, documents no
deficiencies were found.

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The medical clinic consists of three examination rooms, an urgent care room, a one-chair dental
clinic, a medication storage room, an eye clinic, a specimen collection room, and two waiting
rooms: one for males and one for females. The clinic also has a medical observation area that
includes two eight-bed wards, and four private rooms. One of the private rooms has negative
airflow for tuberculosis isolation, most recently certified for negative air pressure by an
accredited environmental health engineer on November 5, 2012. Infectious waste is stored in a
locked steel container on the shipping dock, and is picked up on a monthly basis by Stericycle.
In the annex building, medical space consists of two private rooms for sick call and general
office space.
ODO reviewed 30 medical files: two of which were mental health and four were medical chronic
care cases. All case files contained documented treatment plans for medication, education,
follow-up visits, and diagnostic testing/monitoring. Consent forms for treatment of specific
psychotropic medications were included in files of the two detainees receiving mental health
care. Physical examinations were conducted within 14 days by a Nurse Practitioner.
During the course of the inspection there was a national influenza outbreak. ODO observed flu
prevention posters in all detainee housing areas in six languages: English, Spanish, Chinese,
Portuguese, Russian, and Cajun-Creole. These posters contained advice on the flu vaccination,
hand washing, and other measures for prevention of disease outbreaks. ODO reviewed
documentation indicating all ICE detainees were offered the influenza vaccination, and
32 detainees (approximately 25 percent of the ICE population) were vaccinated. During the
course of the inspection, ODO inspectors checked the wall-mounted hand sanitizers and soap
dispensers, and found they were all full. ODO noticed sanitary practices and prevention
measures were being practiced throughout the facility.
Overall, ODO found BCJ’s application of the Hunger Strikes, Suicide Prevention and
Intervention, and Terminal Illness, Advanced Directives and Death standards to be at an
acceptable level of compliance. No detainee deaths were reported the last suicide attempt of a
detainee occurred in January 2012. During this CI, there were no detainees on suicide watch.
ODO found BCJ has a Sexual Abuse and Assault Prevention and Intervention (SAAPI)
Coordinator and a Sexual Abuse Response Team. The SAAPI Coordinator informed ODO there
were three incidents of reported sexual abuse in the last 12 months. Review of the case files
found one incident was determined unfounded, one was unsubstantiated, and one was
substantiated. The substantiated incident involved the touching of one detainee by another.
Medical examinations by facility health care personnel were completed. The SAAPI
Coordinator oversaw the investigations and notified the ICE field office. A Supervisory and
Detention and Deportation Officer with FOD Boston informed ODO notification was made to
the ICE Joint Intake Center telephonically within two hours of all three incidents occurring, and
in writing within 24 hours via the ICE Significant Event Notification Database. Local law
enforcement and the District Attorney were also notified.
BCJ provides law library access to ICE detainees via computer workstations in each housing
unit. The computers are located in multipurpose rooms attached to each housing unit, which
remain unlocked and accessible to detainees at all times. ODO found detainees housed in
Special Management Unit (SMU)-EC were unable to see the computer screen due to a damaged
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Plexiglas-like panel over the monitor. During the CI, ODO advised BCJ staff of the issue, and a
maintenance request was submitted while ODO was on-site.
ODO found detainees have reasonable and equitable access to telephones at BCJ. Detainees are
given emergency messages and are allowed to return emergency telephone calls without delay.
Detainees have access to both indoor and outdoor recreational opportunities, and are provided
the required amount of recreation time. ODO’s review of records and interviews of detainees
confirmed ample recreation opportunities were provided to detainees.
ERO staff visiting hours are posted in in each housing unit and in segregation units in both the
English and Spanish languages. The FOD, the Deputy Field Office Director, and a Supervisory
and Detention and Deportation Officer visit the facility on a weekly and monthly basis.
The Notice of Appearance or Accredited as Attorney or Representative (Form G-28) was absent
in the legal visitor reception areas for both the male and female detainees. This is a repeat
deficiency from the 2011 Quality Assurance Review, but was corrected on-site.

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INSPECTION PROCESS
ODO inspections evaluate the welfare, safety, and living conditions of detainees. ODO primarily
focuses on areas of noncompliance with the ICE National Detention Standards or the ICE
PBNDS, as applicable. The PBNDS apply to BCJ. In addition, ODO may focus its inspection
based on detention management information provided by ERO Headquarters and ERO field
offices, and on issues of high priority or interest to ICE executive management.
ODO reviewed the processes employed at BCJ to determine compliance with current policies
and detention standards. Prior to the inspection, ODO collected and analyzed relevant
allegations and detainee information from multiple ICE databases, including the Joint Integrity
Case Management System, the ENFORCE Alien Booking Module, and ENFORCE Alien
Removal Module. ODO also gathered facility facts and inspection-related information from
ERO Headquarters staff to fully prepare for the site visit at BCJ.

REPORT ORGANIZATION
This report documents inspection results, serves as an official record, and is intended to provide
ICE and detention facility management with a comprehensive evaluation of compliance with
policies and detention standards. It summarizes those PBNDS that ODO found deficient in at
least one aspect of the standard. ODO reports convey information to best enable prompt
corrective actions and to assist in the on-going process of incorporating best practices in
nationwide detention facility operations.
OPR defines a deficiency as a violation of written policy that can be specifically linked to the
PBNDS, ICE policy, or operational procedure. When possible, the report includes contextual
and quantitative information relevant to the cited standard. Deficiencies are highlighted in bold
throughout the report and are encoded sequentially according to a detention standard designator.
Comments and questions regarding the report findings should be forwarded to the Deputy
Division Director, OPR ODO.

INSPECTION TEAM MEMBERS

(b)(6), (b)(7)c

Detention and Deportation Officer (Team Lead)
Management Program Analyst
Management Program Analyst
Acting Section Chief
Contract Inspector
Contract Inspector
Contract Inspector

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ODO, HQ
ODO, HQ
ODO, HQ
ODO, HQ
Creative Corrections
Creative Corrections
Creative Corrections

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OPERATIONAL ENVIRONMENT
INTERNAL RELATIONS
ODO interviewed the following ERO and BCJ staff: the Deputy Field Office Director, Assistant
Field Office Director in charge of detention, the BCJ Assistant Superintendent - Chief of
Immigration Services, and a Detention Service Manager.
Overall, ODO found ERO and BCJ staff have a good working relationship. BCJ staff described
their working relationship with ERO as excellent. BCJ staff confirmed ERO staff makes
regularly scheduled visits to interact with detainees. Since the 2011 Quality Assurance Review,
BCJ management appears to have refocused resources on its detention program. BCJ hired
additional personnel who are solely dedicated to managing detention issues. ERO management
appears to have resolved equipment deficiency issues that impacted the ability of the IEAs to
address oversight functions.

DETAINEE RELATIONS
ODO randomly selected and individually interviewed 18 detainees (12 males and six females)
regarding conditions at BCJ. All detainees reported ERO staff visits the facility frequently to
address their concerns. The majority of detainees interviewed knew the name of their
Deportation Officer. All detainees interviewed stated they were issued an ICE National Detainee
Handbook and a facility handbook. Both handbooks are available in the English and Spanish
languages.
None of the detainees interviewed said they had filed any grievances or complaints while at BCJ.
All stated they were made aware of the grievance system through the detainee handbook and the
orientation briefing.
When asked about treatment by staff, all of the detainees interviewed stated they had never
witnessed any abuse while at BCJ. Two detainees alleged they were strip searched: one during
intake processing and the other following a contact visit with an attorney. ODO reviewed the
two detainees’ detention files, and interviewed both ERO and BCJ staff. ODO found no
evidence indicating these detainees were strip searched. ODO found BCJ’s strip search policy to
be compliant with the PBNDS. ICE and BCJ staff stated strip searches of detainees occur only
when there is an articulable reasonable suspicion, and that ERO management is contacted for
concurrence before any strip search is conducted.
All detainees stated they know how to use the telephone, and have access to the law library.
They receive recreation daily, and are allowed visitation.
All detainees stated they were issued an initial supply of hygiene products upon intake
processing and continue to receive replacements. Many hygiene items are also available for
purchase through the commissary.
Eleven of the 18 detainees interviewed stated they were unhappy with the food provided,
because meals lacked variety. Detainees complained BCJ served too much pasta and mashed
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potatoes. Review of documentation confirmed the master cycle menu is reviewed annually by
the Food Service Supervisor, and is certified by a registered dietician based on a complete
nutritional analysis. The Food Service Manager stated he was aware of all complaints and would
work within his limited resources to provide more varieties.
The majority of detainees interviewed stated they were satisfied with the level of medical and
dental care at BCJ. One detainee informed ODO that BCJ staff denied his request for a second
mattress, which would alleviate his pain from severe scoliosis. Although ODO found no
evidence in the medical file that the detainee requested a second mattress, the detainee’s request
was communicated to ERO. ERO ensured the request would be reviewed by medical staff.
Further, a detainee alleged he was assaulted by another detainee, and his nose has bled daily
since that time. ODO reviewed the detainee’s medical records, and found he is receiving
treatment for his injured nose. This allegation was reported to ICE ERO management, and
significant incident reports were generated.

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ICE PERFORMANCE-BASED
NATIONAL DETENTION STANDARDS
ODO reviewed a total of 22 PBNDS and found BCJ fully compliant with the following
15 standards:
Admission and Release
Emergency Plans
Food Service
Grievance System
Hunger Strikes
Key and Lock Control
Medical Care
Recreation
Sexual Abuse and Assault Prevention and Intervention
Special Management Units
Staff-Detainee Communication
Suicide Prevention and Intervention
Telephone Access
Terminal Illness, Advance Directives, and Death
Use of Force and Restraints
As these standards were compliant at the time of the review, a synopsis for these areas was not
prepared for this report.
ODO found deficiencies in the following seven standards
Detainee Handbook
Detention Files
Disciplinary System
Environmental Health and Safety
Funds and Personal Property
Law Libraries and Legal Material
Visitation
Findings for each of these standards are presented in the remainder of this report.

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DETAINEE HANDBOOK (DH)
ODO reviewed the Detainee Handbook standard at BCJ to determine if the facility provides each
detainee with a handbook, written in English and any other languages spoken by a significant
number of detainees housed at the facility, describing the facility’s rules and sanctions,
disciplinary system, mail and visiting procedures, grievance system, services, programs, and
medical care, in accordance with the ICE PBNDS. ODO interviewed staff and detainees, and
reviewed the detainee handbook.
ODO confirmed BCJ provides incoming ICE detainees with a facility handbook, which is
available in the English, Spanish, and Portuguese languages. A review of 15 randomly-selected
detention files found detainees receive and are required to sign for the facility handbook upon
admission.
BCJ staff receives training in the contents of the ICE detainee handbook and the facility
handbook. BCJ accommodates detainees who cannot read or who do not understand the
language of the handbook by reading the contents of the handbook to those detainees, and using
a telephonic interpretation service when necessary.
ODO determined, while the ICE National Detainee Handbook and BCJ local supplement cover
the majority of required content outlined in the PBNDS, the handbooks do not reference the
facility’s anti-discrimination policies (Deficiency DH-1). The facility handbook also does not
describe the procedures for claiming property upon a detainee’s release or removal
(Deficiency DH-2). Similar deficiencies are also referenced in the Disciplinary System and
Funds and Personal Property standards as Deficiencies DS-1 and F&PP-1.

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY DH-1
In accordance with the ICE PBNDS, Detainee Handbook, section (V)(2), the FOD must ensure,
while all applicable topics from the ICE National Detainee Handbook must be addressed, it is
particularly important that each local supplement notify each detainee of: detainee rights and
responsibilities.
In accordance with the ICE PBNDS, Disciplinary System, section(V)(B), the FOD must ensure
the Detainee Handbook, or supplement, issued to each detainee upon admittance, shall provide
notice of the facility’s rules of conduct and prohibited acts, the sanctions imposed for violations
of the rules, the disciplinary severity scale, the disciplinary process and the procedure for
appealing disciplinary findings. Detainees shall have the following rights and shall receive
notice of them in the Handbook:


The right of freedom from discrimination based on race, religion, national origin, sex, sexual
orientation, handicap, or political beliefs.

DEFICIENCY DH-2
In accordance with the ICE PBNDS, Detainee Handbook, section (V)(2), the FOD must ensure,
while all applicable topics from the ICE National Detainee Handbook must be addressed, it is
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particularly important that each local supplement notify each detainee of: detainee rights and
responsibilities.
In accordance with the ICE PBNDS, Funds and Personal Property, section (V)(C), the FOD must
ensure the detainee handbook or equivalent shall notify the detainees of facility policies and
procedures concerning personal property, including: the procedure for claiming property upon
release, transfer, or removal.

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DETENTION FILES (DF)
ODO reviewed the Detention Files standard at BCJ to determine if files are created containing all
significant information pertaining to detainees housed at the facility for over 24 hours, in
accordance with the ICE PBNDS. ODO reviewed detention files to ascertain whether all
required documentation was included.
As part of the intake process, BCJ staff creates a detention file when a detainee is admitted to the
facility. ODO randomly selected a total of 30 detention files (15 active and 15 inactive) for
review to determine if they contained required documentation. All 15 active detention files
reviewed contained original photographs, classification worksheets, personal property inventory
sheets, and the required Alien Booking Record (Form I-385). However, none of the 15 active
detention files contained housing identification cards, and three of the 15 files did not contain
Form G-589, Property Receipt (Deficiency DF-1). This is a repeat deficiency from the
2011 Quality Assurance Review.
In addition to storing and maintaining the detention files, BCJ keeps a check-in and check-out
log for detention files. However, the log does not include: the date and time removed; reason for
removal; the signature, title and department of the person removing the file; date and time
returned; or the signature of the person returning the file (Deficiency DF-2). This is a repeat
deficiency from the 2011 Quality Assurance Review.

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY DF-1
In accordance with the ICE PBNDS, Detention Files, section (V)(B)(1), the FOD must ensure
the detainee Detention File shall contain either originals or copies of forms and other documents
generated during the admission process. If necessary, the Detention File may include copies of
material contained in the detainee’s A-File. The file shall, at a minimum, contain: Housing
Identification Card, and G-589, Property Receipt or facility equivalent.
DEFICIENCY DF-2
In accordance with the ICE PBNDS, Detention Files, section (V)(F)(3), the FOD must ensure a
representative of the department requesting the file is responsible for obtaining the file, logging it
out, and ensuring its return.
At a minimum, a logbook entry recording the file’s removal from the cabinet shall include:






Date and time removed;
Reason for removal
Signature of person removing the file, including title and department;
Date and time returned; and
Signature of person returning the file.

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DISCIPLINARY SYSTEM (DS)
ODO reviewed the Disciplinary System standard at BCJ to determine if sanctions imposed on
detainees who violate facility rules are appropriate, and if the discipline process includes due
process requirements, in accordance with the ICE PBNDS. ODO interviewed staff, and
reviewed facility policy, the detainee handbook, and all four disciplinary actions taken against
detainees in the past six months.
BCJ’s disciplinary policy states staff are encouraged to informally settle minor transgressions by
mutual consent, whenever possible. The facility has progressive levels of review and graduated
scales of offenses, which are classified as either minor or major. Rules, sanctions, disciplinary
procedures, and the appeal process are addressed in the detainee handbook. Offenses are listed
in the handbook; however, ODO notes there is no distinction between minor and major
infractions. ODO recommends the handbook be revised to ensure detainees are aware of the
relative gravity of offenses, and the level at which they will be adjudicated. Further, the detainee
handbook fails to reference the facility’s anti-discrimination policies (Deficiency DS-1).
The Watch Commander reviews all disciplinary reports and classifies them as minor or major
infractions. A designated Hearing Officer serves as the Unit Disciplinary Committee,
performing intermediate level reviews and adjudicating minor infractions. Review of
disciplinary files for four detainees found two cases in which hearings were not conducted within
24 hours after conclusion of the investigation (Deficiency DS-2). ODO notes the facility’s
policy does not address the 24-hour timeframe required by the standard. ODO recommends the
policy be revised to support compliance with the standard in the future.
BCJ’s Disciplinary Board serves as the Institutional Disciplinary Panel, and adjudicates major
infractions. ODO notes the facility’s policy states Disciplinary Board hearings must be
scheduled no less than seven days after the disciplinary report was filed, which is in conflict with
the PBNDS requirement for hearings within 24 hours. No hearings were held in violation of the
PBNDS requirement; therefore, a deficiency is not being cited. However, to support future
compliance with the PBNDS, ODO recommends revision of the policy.

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY DS-1
In accordance with the ICE PBNDS, Disciplinary System, section (V)(B), the FOD must ensure
the Detainee Handbook, or supplement, issued to each detainee upon admittance, shall provide
notice of the facility’s rules of conduct and prohibited acts, the sanctions imposed for violations
of the rules, the disciplinary severity scale, the disciplinary process and the procedure for
appealing disciplinary findings. Detainees shall have the following rights and shall receive
notice of them in the Handbook:


The right of freedom from discrimination based on race, religion, national origin, sex, sexual
orientation, handicap, or political beliefs.

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DEFICIENCY DS-2
In accordance with the ICE PBNDS, Disciplinary System, section (V)(F)(2), the FOD must
ensure the detainee in UDC proceedings shall have the right to: due process, which includes:
having a UDC hearing within 24 hours after the conclusion of the investigation.

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ENVIRONMENTAL HEALTH AND SAFETY (EH&S)
ODO reviewed the Environmental Health and Safety standard at BCJ to determine if the facility
maintains a high level of cleanliness and sanitation, safe work practices and control of hazardous
materials and substances, in accordance with the ICE PBNDS. ODO toured the facility,
interviewed staff, and reviewed policies, procedures and documentation related to inspections
and inventories, hazardous chemical management, and fire drills.
Overall, sanitation throughout BCJ was found to be at an acceptable level. BCJ’s Environmental
Safety Officer and his assistant have successfully completed the Massachusetts Department of
Corrections fire safety officer training, and the environmental health and safety officer training.
BCJ implemented a housekeeping plan that includes all areas of the facility, as well as safety
instruction training for detainees. Documentation supports the Assistant Environmental Safety
Officer conducts weekly fire and safety inspections throughout the facility, and completes
monthly inspections. The Commonwealth of Massachusetts Department of Public Health,
Community Sanitation Program found compliance with state standards in its last inspection on
August 27, 2012.
BCJ contracts with Waltham Services Integrated Pest Management for inspection and treatment
services every two weeks. The local Department of Public Works, Water and Sewer Division
monitors the water at BCJ, and noted no adverse findings in its most recent report dated
January 2, 2013. Emergency power generators are tested weekly and are load tested monthly,
exceeding the requirements of the PBNDS. BCJ contracts with RALCO Electric, Inc. to perform
preventive maintenance and repairs on the generators, as needed. Garbage and refuse are
removed twice a week under contract with Frades Disposal, Inc.
ODO verified BCJ maintains copies of the master hazardous materials index and all Material
Safety Data Sheets in the Environmental Safety Officer’s office, the medical department, the
Watch Commander’s office, and the Dartmouth Fire Department. In addition, each department
maintains a Material Safety Data Sheets binder with site-specific materials. Hazardous materials
are stored in a stand-alone trailer located outside the secure perimeter of the facility, and a supply
of daily-use cleaning products is stored and issued from a secure area in the laundry area.
ODO’s review of documentation confirmed accurate inventories are maintained by the Laundry
Officer. However, there were no current inventories for any of the substances stored in the
trailer, and substances were not stored in required cabinets (Deficiency EH&S-1). ODO found
the last entry for one substance was dated April 2012, and documented 17 containers were
available. None were found at the time of the review. Materials stored in the trailer were not
inventoried, and adequate safeguards were not in place to ensure control and accountability for
all hazardous substances which enter BCJ. The supervisor in charge acknowledged the
inventories were not current, and stated he was in the process of updating all inventories.
Maintaining inventories and properly storing hazardous materials serves an important life-safety
function, protecting detainees, staff, and property from harm.
The Dartmouth Fire Department has reviewed and approved the BCJ Fire Safety and Evacuation
Plan, and maintains a copy for ready access. In addition, the Dartmouth Fire Inspector
completed his annual fire inspection in January 2012, and found all buildings located within the
BCJ complex in compliance with the fire code. This year’s inspection is scheduled for
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January 24, 2013. The facility is equipped with smoke detectors, sprinklers, and fire
extinguishers. ODO verified these systems are inspected and tested by a local contractor on an
annual basis. Fire drills are conducted on a quarterly basis, and include all facility locations.
Fire drill checklists were reviewed, and ODO verified each shift participates in an annual drill.
All furnishings used in BCJ are composed of fire-retardant materials. Exit diagrams in English
and Spanish identify primary and alternate escape routes, and are posted throughout the facility.
All sharp objects and syringes are inventoried on each shift, and documented by the on-coming
and off-going Nurse. ODO confirmed the accuracy of the inventories. Bio-hazardous medical
waste is removed by Stericycle, Inc., a licensed transporter. Bloodborne pathogens protection
and clean-up kits consisting of a spill clean-up pack and bloodborne pathogens protective apparel
are located throughout the facility, and all staff and detainee workers receive training on using
this equipment.
There is a centralized barbershop in the main facility and a barber station in the common area
restroom in the ICE building. The barbershops are equipped with sinks, with hot and cold
running water and appropriate barber equipment as required by the standard. Barbershop
sanitation guidelines are posted, and ODO observed detainee barbers following appropriate
sanitation protocols.

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY EH&S-1
In accordance with the ICE PBNDS, Environmental Health and Safety, section (VI)(C), the FOD
must ensure every area shall maintain a current inventory of the hazardous substances
(flammable, toxic, or caustic) used and stored there. Inventory records shall be maintained
separately for each substance. Entries for each shall be logged on a separate card (or equivalent)
filed alphabetically by substance. The entries shall contain relevant data, including purchase
dates and quantities, use dates and quantities, and quantities on hand.

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FUNDS AND PERSONAL PROPERTY (F&PP)
ODO reviewed the Funds and Personal Property standard at BCJ to determine if controls are in
place to inventory, receipt, store, and safeguard detainee personal property, in accordance with
the ICE PBNDS. ODO reviewed policies and procedures, and detention files; and interviewed
ICE and facility staff.
All detainees admitted to BCJ are processed at the ERO office in Burlington, Massachusetts,
prior to being transported to the facility. During processing at the field office, ERO staff takes
possession of all detainee personal property, excluding clothing. ERO staff inventory and store
all property at the ERO office. As a result, detainees do not bring any valuables with them to
BCJ.
BCJ has written policies and procedures for funds and personal property, which covers
accounting for and safeguarding any detainee property from time of admission until time of
release. The BCJ handbook describes the majority of funds and personal property policies and
procedures, but fails to describe the procedures for claiming property upon release or removal
(Deficiency F&PP-1). This is a repeat deficiency from the 2011 Quality Assurance Review.

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY F&PP-1
In accordance with the ICE PBNDS, Funds and Personal Property, section (V)(C), the FOD must
ensure the detainee handbook or equivalent shall notify the detainees of facility policies and
procedures concerning personal property, including: the procedure for claiming property upon
release, transfer, or removal.

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LAW LIBRARIES AND LEGAL MATERIAL (LL&LM)
ODO reviewed the Law Libraries and Legal Material standard at BCJ to determine if detainees
have access to a law library, legal materials, courts, counsel and document copying equipment to
facilitate the preparation of legal documents, in accordance with the ICE PBNDS. ODO
reviewed policies and procedures, inspected the areas designated for law library use, and
interviewed ICE and facility staff.
BCJ provides law library access to detainees via a computer workstation in each housing unit.
The computer is located in a multipurpose room attached to each housing unit, which remains
unlocked and accessible to detainees at all times. All computers are contained within a
protective case, and the screens are viewed through a Plexiglas-like cover. All computers
contained a recent version of the Lexis-Nexis CDROM, which is updated quarterly by the
facility Librarian.
Law library supplies, including paper and writing utensils, are available from the Housing Unit
Officer upon request. Additionally, tables and chairs are moved from the housing unit into the
multi-purpose room as needed. Detainees are provided small numbers of photocopies by the
Housing Unit Officer upon verbal request. Requests for a large volume of photocopies must be
submitted in writing to the ICE case worker.
Detainees who are illiterate or who do not speak English are assisted by the ICE caseworker,
who is fluent in the English, Spanish, and Portuguese languages. Detainees needing additional
assistance are accommodated through a telephonic translation service.
Detainees housed in the SMU-EC are provided access to a computer containing Lexis-Nexis
upon request and without restriction, unless there is a security concern in the unit. When ODO
checked the computer in the SMU-EC, the Plexiglas-like covering on the computer screen was
badly scratched and nothing on the monitor was visible. Additionally, the computer is situated in
a location that receives a lot of sunlight, making it more difficult to view the computer screen.
As a result, detainees housed in the SMU-EC do not have reasonable access to Lexis-Nexis on
the computer (Deficiency LL&LM-1). ODO brought the state of the Plexiglas-like cover and
resulting inability to use the computer to the attention of BCJ staff, and a maintenance request to
replace the cover was submitted while ODO was on-site.

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY LL&LM-1
In accordance with the ICE PBNDS, Law Libraries and Legal Material, section (V)(L), the FOD
must ensure detainees housed in Administrative Segregation or Disciplinary Segregation units
shall have the same law library access as the general population, unless compelling security
concerns require limitations.

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VISITATION (V)
ODO reviewed the Visitation standard at BCJ to determine if authorized persons, including legal
representatives, are able to visit detainees within security and operational constraints, in
accordance with the ICE PBNDS. ODO reviewed the local policy and detainee handbook,
inspected the visiting areas, and interviewed staff and detainees.
Detainees are housed in two buildings at BCJ: females are housed in the main building, and
males are housed in the immigration building. Both housing areas have designated visitor areas.
The facility has written visiting procedures, including a schedule and hours of visitation.
Detainees are notified of visitation rules and hours by way of the detainee handbook, and visiting
information is available to the public by way of a telephone recording and postings. Separate
logs are maintained in both buildings for general visitors and legal representatives, supplemented
by an automated system offering efficient recording and retrieval of visitor information.
Visitation is non-contact, with the exception of ICE detainees who are within seven days of their
removal date.
ODO found the Notice of Appearance as Attorney or Accredited Representative (Form G-28)
was unavailable in the legal reception areas of both buildings (Deficiency V-1). This is a repeat
deficiency from the 2011 Quality Assurance Review. ODO provided copies of Form G-28 to
facility staff. This deficiency was corrected on-site during the inspection.

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY V-1
In accordance with the ICE PBNDS, Visitation, section (V)(J)(8), the FOD must ensure, once an
attorney-client relationship has been established, the legal representative shall complete and
submit a Form G-28, available in the legal visitation reception area. Staff shall collect completed
forms and forward them to ICE/DRO.

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