ICE Detention Standards Compliance Audit - El Centro Service Processing Center, El Centro, CA, ICE, 2004
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Office ofDetention and Removal Operations U.S. Department of Homeland Security 425 I Street, NW Washington, DC 20536 • ~ :s ~1Iii Sti U.S. Immigration and Customs Enforcement t-'lt>.R \ 6 2.005 MEMORANDUM FOR: FROM: SUBJECT: b6, b7C I Centro Service Processing Center This office is in receipt of the Plan of Action (POA) for the El Centro Service Processing Center in response to the detention review conducted on July 27-29, 2004. The POA is accepted and this review is considered closed. ( The Field Office Director must initiate the following action in accordance with Detention Management Control Program (DMCP): The Field Office Director, Detention and Removal Operations, shall notify the facility within five business days of receipt of this memorandum, that the POA has been accepted and the review closed. Notification shall include a copy of this memorandum. Should you or your staffhave any questions regarding this matter, please contact Deputy Assistant Director, Detention Management Division at (202) 305 b2 high I \. b6, b7C Detention & Removal Operations U.S. Department of Homeland Security 880 Front Street Ste. 2242 San Diego, CA 9210 I u.s. Immigration and Customs Enforcement MEMORANDUM FOR: b6, b7C Acting De ty Assistant Director Dete . .vision FROM: a . 1 Field Office Director SUBJECT: Follow-up Action Plan/Headquarters Review National Detention Standards. Hold Rooms - Repeat Deficiencv: • ( Detainees are held in Hold Rooms for more than 12 hours. The facility has been able to dedicate a dormitory to function as a pre-housing staging area for new arrivals. This initiative has allowed the facility to drastically reduce the number of instances wherein a detainee would be held in hold rooms in excess of 12 hours. In the event the 12 hour rule is exceeded, a memorandum must be prepared and forwarded through channels by the on duty Supervisory Immigration Enforcement Agent (SIEA) to the OIC citing reasons for infraction. Food Service - Deficient: • • • • Poor sanitation conditions Staff and detainees consume food in preparation areas Detainees' shoes are stored throughout food service area Broken refrigeration unit in use The sanitation conditions pointed out by the review team were immediately corrected. The consumption of food in the Dining Facility's food preparation area is strictly prohibited. Employees as well as detainee workers are aware (through continuous training provided) that it is a health code violation to deviate from this policy. Food service and operations staff will continuously monitor this situation to ensure adherence. Additionally, signs will be posted throughout the food preparation area as a constant reminder. It has also been emphasized that any deviation from this policy will be dealt with immediately- no exceptions. The facility has provided the food service department with a shoe rack located in the utility area. The shoe rack provides detainees an appropriate location to store their shoes, eliminating the need of leaving footwear in the dried food storage area. The broken refrigeration unit identified has been removed from the facility. The food service department has installed Dixon digital thermometers and recorders in every refrigerator and SUBJECT: Follow-up Action PlanlHeadquarters Review - National Detention Standards Page 2 freezer. The thennometer and recorder continually records temperatures, providing record of temperature fluctuations. The thennometers and recorders are continually checked through out the day. A log sheet is maintained in an effort to record dates/times employees conduct refrigerator and freezer inspections. Collapsible Steel Batons: Collapsible steel batons are no longer pennitted inside the facility. All staff members have been advised by memorandum, and are presently in compliance with this mandate. ( Office ofDetentiOil aJ1d Removal Opera/jom C.S. Department of Homeland Security 425 I Street NW Washington, DC 20536 U. S. Immigration and Customs Enforcement MEMORANDUM FOR: b6, b7C FROM: SUBJECT: ( Review Summary Report for EI Centro Service Processing Center The Headquarters Office of Detention and Removal Operations (HQDRO) performed a detention operations review of the EI Centro Service Processing Center on July 27 - 29,2004, at El Centro, California. A rating of Acceptable has been assigned. This rating was based on the Reviewer-In-Charge (RIC) Summary Memorandum and supporting documentation. The San Diego Field Office must correct the deficiencies noted in the RIC memorandum and initiate the following actions in accordance with the Detention Management Control Program: 1) The Field Office Director, Detention and Removal Operations, shall notifY the facility within five business days of receipt of this memorandum. Notification shall include copies of the Form G-324A, Detention Facility Review Form, the G-324A worksheet, RIC Summary Memorandum, and a copy of this memorandum. 2) The Field Office Director is responsible for ensuring that the facility responds to all findings and a plan of action is submitted to the Review Authority (RA) within 30 days. 3) Once a plan of action is approved, the Field Office Director shall schedule and follow up on the above noted deficiencies within 90 days of receipt of the facility's plan of action. Should you or your staff have any questions regarding this matter, please contact b6, b7C , Acting Deputy Assistant Director, Detention Management Division at (202) 305 b2 high cc: Deputy Assistant Director, Field Operations Division ( Auice ofDe lenti011 and Remo>'ai OperatjOl~~ . S . Department of Homeland Security 425 J Street, NW Washington, DC 20536 U.S. Immigration and Customs Enforcement MEMORANDUM FOR: b6, b7C Acting Director b6, b7C FROM: b6, b7C Detention and De Detention Compliance Branch SUBJECT: ( Headquarters Detention Review - El Centro Service Processing Center The Detention Compliance Unit performed a review ofthe EI Centro Service Processing Center (SPC) on July 27-29,2004. This review was performed under the supervision of b6, b7C b6, b7C Reviewer-In-Charge (RIC) with team members, , b6, b7C b6, b7C and . The Detention Compliance Unit last performed a review of the facility on January 27,2003. , Type of Review: This review is a scheduled Headquarters Review and was conducted to determine overall compliance with the Immigration and Customs Enforcement (ICE) National Detention standards. Review Summary: The American Correctional Association (ACA) does not currently accredit the El Centro SPC. The facility is accredited by the National Commission on Correctional Health Care and the Joint Accreditation Commission for Healthcare. The following information summarizes those standards not in compliance. Each standard is identified and a short summary provided regarding standards or procedures not currently in compliance. www.ice.gov ( Subject: EI Centro Service Processing Center Review Sununary Report Page 2 January 2004 Review July 2004 Review Acceptable 33 Deficient 2 Repeat Deficiency - 2 At-Risk 0 Acceptable 35 Deficient 1 Repeat Deficiency - 1 At-Risk 0 Hold Rooms - Repeat Deficiency: • Detainees are held in Hold Rooms for more than 12 hours. Hold Rooms have been a repeat deficiency at the facility for the past few years. The processing area Hold Room logs document that in some cases detainees are being held past the permitted 12 hours. The auditors were told the reason for the delay was due to current staffing levels. A review of the current vacancies does indicate the facility is not currently up to its authorized staffing level. The Officer in Charge (OIC) was aware ofthe problem and requires the Detention Management staff to write a memorandum of explanation every time detainees are in the processing Hold Rooms for more then 12 hours. The OIC aggressively pursues filling facility vacancies through the San Diego Field Office. ( Food Service - Deficient: • • • • Poor sanitation conditions Staff and detainees consume food in preparation areas Detainees' shoes stored throughout food service area Broken refrigeration unit in use The Food Service Department is extremely busy, on average preparing and serving approximately 1500 well balanced meals a day. The Food Service staff is to be commended for their success. However, the review team felt the sanitation levels in the kitchen were not up to standards. Poor sanitation conditions were observed on food service equipment, kitchen floors, and in floor drains. A review of the ·freezer temperature logs revealed that on one occasion the temperature of a freezer had risen to 64 degrees. When questioned, the Food Service Department was unable to determine how long the freezer had been above the acceptable temperature of 32 degrees. The review team was advised the food had been relocated to another working freezer rather than throwing it away. Subject: El Centro Service!cessing Center Review Summary Re! ( Page 3 Staff and detainees were observed consuming food in the food preparation areas and during the review numerous detainees' shoes were found stored throughout the food storage areas. The facility took immediate action to correct all deficiencies found by the reviewers. Other Issues: • Collapsible Steel Batons: Collapsible steel batons are still carried by officers inside the facility as authorized by the OIC. OIC stated that these batons were needed for the safety of his officers and b6, b7C that he has never seen nor received any written directive preventing the practice. The OIC advised that consistent with policy, only fully qualified officers are authorized to carry the collapsible steal batons. • American Correctional Association (ACA) Accreditation: The facility currently has a three-man team, working full time preparing the facility for accreditation. The team, headed by Supervisory Immigration Enforcement Agent b6, b7C b6, b7C has completed 122 files and of those 66 have been reviewed, approved and signed into policy by the OIC. The team advised that they report monthly to the HQDRO ACA b6, b7C liaison, and are confident with her assistance the facility will attain accreditation. ( • Construction: The administration area ofthe facility is currently under construction. The estimated completion date is scheduled for September. Four ofthe facility pods (Limo, Kilo, Nancy and Mike) were recently painted to improve the quality of life for detainees. There are no major renovation projects scheduled for the EI Centro spc. RIC Observations: • Overall Cleanliness of the Facility: The overall sanitation ofthe facility (outside Food Service) was very good. Detainees were continuously observed cleaning throughout the review. • Staff Cooperation and Professionalism: The OIC and staffwere very professional and all information requested was immediately provided. Staff was knowledgeable about their assigned posts and presented very b6, b7C professional demeanor. Mr. and Mr. were extremely helpful b6, b7C and assisted the team members throughout the review. Their knowledge ofthe National Detention Standards is an asset to the facility. ( Subject: El Centro Service Processing Center Review Summary Report Page 4 Recommended Rating and Justification: It is the RIC recommendation that the facility receive a rating of "Acceptable." The El Centro SPC has made significant improvements since the last HQ review. These improvements have greatly improved the quality of life for detainees. The facility now fully complies with 35 of37 standards. RIC Assurance Statement: It is the opinion of this RIC that the findings of compliance and non-compliance are documented on the G-324a inspection form and that it is supported by documentation in the review file. ( tit Detention Facility Review Form u.s. Department Of Homeland securi' U.S. Immigration and Customs Enforcement ( J Facilities Used Over 72 hours E. Accreditation Certificates Accredited By: NCCHC: [gI JCARO: [8J ACA: 0 Date: Date: lf2003 Date: 3/2003 ICE Service Processing Center ICE Contract Detention Facility ICE Intergovernmental Service Agreement o o A. Current Inspection Type of Review Field Office [8J HQ Review Date[s] of Review July 27-29,2004 o o o PreviousIMost Recent Review Date[s] of Last Review January 27 - 29th, 2004 Previous Rating S~or 0 Good 0 Acceptable [8J Deficient 0 At-Risk o B. ( 'I Name and Location of Facility Name EI Centro Service Processin2 Center Address (Street and Name) 1115 N. Imperial Ave. City, State and Zip Code EI Centro CA. 92243 County Imperial Name and ntle of Chief Executive Offi~er (Warden/OIC/Superintendent) ,Officer-ln-Charee b6, b7C Telephone # (Include Area Code) (760) 33 b6, b7C 'strict .mDiego Distan~e from District Office 120 miles G. Facility History Date Built 1975 Date Last Remodeled or Upgraded Ongoing Date New Construction / Bedspace Added None Future Construction Planned [8J Yes 0 No Date: Current Bedspace Future Bedspace Operational Level 500 544 I H. Total Facility Population Total Intake for previous 12 months 8,637 Total Mandays for Previous 12 months 12.20 r. Facility Capacity Rated I Adult Male 544 I Adult Female D C DF/IGS A Intiormation 0 nly Contract Number Date of Contract or IGSA I o CI assl'fiIcaf IOn L eve I (ICE SPC sand CDFs 0 nIYJ 1) L-l L-2 L-3 I Adult Male 173 26 219 r Adult Female 0 0 0 C. ICE Information Name of Reviewer (Last Name, Title and Duty Station) b6, b7C / DDO / HQDRO Last Name I Title of Team Members (Reviewers) (b)(6), (b)(7)c / DO; Ramos / DO; Vachon / PHS Controlling Field Office SND Nearest Field or Sub-Office 120 miles . F. Problems I Complaints (Copies must be attached) The Facility is under Court Order or Class Action Finding Court Order 0 Class Action Order The Facility has Significant Litigation Pending Life/Safety Issues Maior Litigation Checked Box above reQuires a detailed written memornndum. Average D aily Population ICE I Adult Male 430 0 I Adult Female Operational 450 USMS Emergency 560 Other Basic Rates per Man-Day Other Charges: .(IfNone, Indicate N/A) , , , Staffing Level Security: b2 high b2 high Estimated Man-days Per Year Form G-324A (Rev. 9/25/03) No Prior Version MayBe Used After 12/31/03 ( Significant Incident Summary Worksheet \ ~. -.lr ICE to complete its Review of your facility, the following information must be completed prior to the scheduled review dates. The information on this form should contain data for the past twelve months in the boxes provided. The information on this form is used in conjunction with the ICE Detention Standards in assessing your Detention Operations against the needs of the ICE and its detained population. This form should be filled out by the facility prior to the start of any inspection. 2 Assault: Offenders on Offenders l Assault: Detainee on Staff 0 0 o o 2 2 o o 0 o 0 o o 0 o o 0 0 o o 0 0 o o 0 0 o o 0 0 o o 0 0 o o 0 0 o o 0 # Times Four/Five Point straints applied/used Offender I Detainee Medical Referrals as a result of injuries 2 0 0 o o 0 0 o o 7 21 9 3 18 8 I-I o o o o 7 27 43 0 3 Escapes Grievances: 0 Deaths 0 Psychiatric / Medical Referrals 4 ( # Medical Cases referred for Outside Care # Psychiatric Cases referred for Outside Care 2 5 Any attempted physical contact or physical contact that involves two or more offenders Oral, anal or vaginal penetration or attempted penetration involving at least 2 parties, whether it is consenting or non-consenting Routine transportation of detainees/offenders is not considered ~forced" Any incident that involves four or more detainees/offenders, includes gang fights, organized multiple hunger strikes, work stoppages, hostage situations, major fires, or other large scale incidents. Form G-324A (Rev. 9/25/03) No Prior Version MayBe Used After 12/31/03 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Admission Release Classification System Correspondence and Other Mail Detainee Handbook Food Service Funds and Personal Property Detainee Grievance Procedures Issuance and Exchange of Clothing, Bedding, and Towels Marriage Requests Non-Medical Emergency Escorted Trip Recreation Religious Practices V"llllnjr<>rvWork .... r",ar"·rn 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. Detention Files Disciplinary Policy Emergency Plans Environmental Health and Safety Hold Rooms in Detention Facilities Key and Lock Control Population Counts Post Orders Security Inspections Special Management Units (Administrative Segregation) Special Management Units (Disciplinary Segregation) Tool Control Transportation (Land management) Use of Force Staff / Detainee Communication Detainee Transfer Detainee Search All findings (At-Risk, Repeat Deficiency and Deficient) require written comment describing the finding and what is necessary to meet compliance. ( Form G-324A (Rev. 9/25/03) No Prior Version May Be Used After l2/31103 ( RIC Review Assurance Statement By signing below, the Reviewer-In-Charge (RIC) certifies that ail findings of noncompliance with policy or inadequate controls contained in the Review Report are supported by evidence that is sufficient and reliable. Furthermore, findings of noteworthy accomplishments are supported by sufficient and reliable evidence. Within the scope of the review, the facility is operating in accordance with applicable law and policy, and property and resources are efficiently used and adequately safeguarded, except for the deficiencies noted in the report. Signature Reviewer-In-Cbarge: (Print Name) b6, b7C b6, b7C Title & Duty Location Date Detention & 08/03/04 ortation Officer- HQDRO Print Name & Duty Location b6, b7C Print Name & Duty Location DO- Sioux Fails, Mn b6, b7C Print Name & Duty Location b6, b7C n, PHS- Miami,Fl. Print Name & Duty Location DO- Chicago, II Superior ClUe Rating Recommendation: oo Good ~ Acceptable o Deficient OAt-Risk RIC Comments: It is the RIC recommendation that the facility recieve a rating of" Acceptable." The El Centro Service Processing Center has made significant advances in critical areas bringing the facility into compliance. All but one previousely noted deficiency has been corrected. New deficiencies noted in Food Service during the review were immediately corrected. ( Fonn G-324A (Rev. 9/25/03) No Prior Version May Be Used After 12/31103 ( :ADQUARTERS EXECUTIVE REVIEW I Review Authority· . . :.; ";.: The signature below constitutes review of this report and acceptance by the Review Authority. FD/OICICEO wiD have 30 days from receipt of this report to respond to aU findings and recommenda ~DRO EXECUTIVE REVIEW: (Please Print Name) Signatur b6, b7C b6, b7C Date Title Actin Director Final Rating: D Superior DGood IZI Acceptable D Deficient D At-Risk Comments: It is the RIC recommendation that the facility receive a rating of "Acceptable." The EI Centro SPC has made significant improvements since the last HQ review. These improvements have greatly improVed the quality ofHfe for detainees. The facility now fully complies with 35 of 37 standards. ( Form G-324A (Rev. 9/25/03) No Prior Version May Be Used After 12131103 Department of HomelanclecUrity Immigration and Customs Enforcement Office of Detention and Removal ( Condition of Confinement Review Worksheet (This document must be attached to each G-324a Inspection Form) This Form to be used for Detention Reviews of SPCs Headquarters Detention and Removal Operations ( H eadlquart ers an Ie Ipera lonalReVlew W orksh eets I Immigration and Customs Enfrocement \ Name EI Centro Service Processing Center Address (Street and Name) 1115 North Imperial Ave. City, State and Zip Code Elcentro, Ca. 92243 County Imperial Name and Title of Chief Executive Officer (Warden/O/C/Superintendent) b6, b7C l OIC Nam ewer-In-Charge b6, b7C ( Date{s} of Review July 27-29. 2004 Type of Review [X }Headquarters D Operational DSpecial Assessment o Other Department of Homelamlcurity Immigration and Customs Enforcement Office of Detention and Removal • Condition of Confinement Review Worksheet (This document must be attached to each G-324a Inspection Form) This Form to be used for Detention Reviews of spes Headquarters Detention and Removal Operations ( Detainee Services Section I ( ACCESS TO LEGAL MATERIALS Policy: Facilities holding ICE detainees shall permit detainees' access to a law library, and provide legal materials, facilities, equipment and document copying privileges, and the opportunity to prepare legal documents. ( ( Components A U NA The facility provides a deSignated law library for detainee use. The library contains a sufficient number of chairs, is well lit and is reasonably isolated from noisy areas. The law library is adequately equipped with typewriter, computers or both and has sufficient supplies for daily use by the detainees. There is a designated ICE ·employee responsible for ensuring the equipment is in good working order and supplies are adequately stocked. Outside persons and organizations are permitted to submit published legal material for inclusion in the legal library. Outside published material is forwarded and reviewed by the ICE prior to inclusion. The law library contains all materials listed in the "Access to Legal Materials" Standard, Attachment A. The listing of materials is posted in the law library. The ICE office subscribes to updating Services where applicable and legal materials requiring updates are current. There is a designated ICE employee who inspects, updates, and maintain/replace legal material on a routine basis. The designee properly disposes outdated supplements and replaces damaged or missing material promptly. If material submitted by outside organizations need to be replaced, does the facility contact ICE? Detainees are offered a minimum 5 hours per week in the law library. Detainees are not required to forego recreation time in lieu of library usage. Detainees facing a court deadline are given priority use of the law library. Detainees may request material not currently in the law library. Each request is reviewed and where appropriate an acquisition request is initiate and timely pursued. Request for copies of court decisions are accommodate within 3 - 5 business days. The facility permits detainees to assist other detainees, voluntarily and free of charge, in researching and preparing legal documents, consistent with security. The ICE ensures that illiterate or non-English-speaking detainees without legal representation receive more than access to English-language law books after indicating their need for help. Detainees may retain a reasonable amount of personal legal material in the general population and in the special management unit. Stored legal materials are accessible within 24 hours of a written request. [8J D D [8J D D [8J D D [8J D D I8l D D I8l D D I8l D D I8l D D I8l D D Remarks Recreation Specialist [g] D 0 [g] D D [g] D D [8J D D [g] D D b6, b7C b6, b7C Detainees may also request extra time. The Recreation Specialist retrieves any additional infonnation requested. ACCESS TO LEGAL MATERIALS Policy: Facilities holding ICE detainees shall permit detainees' access to a law library, and provide legal materials, facilities, equipment and document copying privileges, and the opportunity to prepare legal documents. Components A Detainees housed in Administrative Segregation and Disciplinary Segregation units have the same law library access as the general population, barring security concerns. Detainees denied access to legal materials are documented and reviewed routinely for lifting of sanctions. All denials of access to the law library fully documented. ICE Management is aware of each instance where detainees are denied access to the law library or law materials. Indigent detainees are provided with free envelopes and stamps for mail related to legal matters. Indigent detainees may mail up to 3 first class letters at no charge while in ICE custody. Detainees who seek judicial relief on any matter are not subjected to reprisals, retaliation, or penalties. IX! Acceptable D U NA Remarks One hour daily during the afternoon. IX! D D IX! D D IX! D D [g] D D IX! D D Standard Rating: Deficient D At·Risk No denials noted, log empty. o Repeat Deficiency Remarks: (Record significant facts, obseNations, alternate source used for verification, etc.) ( '- Two security guards are posted whenever detainees are in the law library. Most detainees request materials on how to appeal their criminal convictions. The Recreation Specialist provides any additional inees as requested. b6, b7C b6, b7C Auditor's Signature 1 Date ADMISSION AND RELEASE Policy: All detainees will be admitted and released in a manner that ensures their health, safety, and welfare. The admissions procedure will, among other things include: medical screening; a file-based assessment and classification process; a body search; and a search of personal belongings, which wilt be inventoried, documented, and safeguarded as necessary. Components ( ( In processing includes an orientation session. At a minimum, orientation addresses: Unacceptable activities and behavior, and corresponding sanctions. How to contact his/her deportation officer. The availability of pro bono legal services, and how to pursue such services. Schedule of programs, services, daily activities, including visitation, telephone usage, mail service, religious programs, count procedures, access to and use of the law library and the general library; sick-call procedures, etc and the detainee handbook. Medical screenings are performed by a medical staff or persons who have received specialized training for the purpose of conducting an initiat health screening. The accompanying documentation is used to identify and classify each new arrival? All new arrivals strip-searched in accordance with the "Detainee Search" standard. An officer of the same sex as the detainee conducts the search and the search is conducted in an area that affords as much privacy as possible. The "Contraband" standard governs all personal property searches. IGSAs use or have a similar contraband standard. Staff prepares a complete inventory of each detainee's possessions. The detainee receives a copy. Excess funds and valuables accounted for and safeguarded in accordance with the "Funds and Personal Property" standard or a similar policy for IGSAs and the detainee receives a receipt? During detainee in-processing staff inventories every item property and baggage (except of personal funds/valuables) using personal property inventoryforms. Each detainee receives a receipt. Staff completes Form 1-387 or similar form for CDFs and IGSAs for every lost or missing property claim. IGSA facilities forward all 1-387 claims to ICE. Detainees are issued appropriate and sufficient clothing and bedding for the climatic conditions. For SPCs and CDFs clothes and wristbands are colorcoded. The facility provides and replenishes personal hygiene items as needed. Gender-specific items are available. ICE Detainees are not charged for these items. The admissions process includes the following components: • Classification. Medical screening. • Inventory of personal effects. • Yes No NA Remarks Detainees are issued a handbook and attend an orientation video session. j:gJ D D ~ D D ~ D D D ~ D ~ D D ~ D D j:gJ D D ~ D D ~ D D ~ D D ~ D D ~ D D Done by Public Health staff. Detainee Classification Form. Detainees are observed changing into SPC uniforms, but, not stripsearched. Strip-searches are conducted if there is probable cause. No females' detainees in this SPC. ADMISSION AND RELEASE \ Policy: All detainees will be admitted and released in a manner that ensures their health, safety, and welfare. The admissions procedure will, among other things include: medical screening; a file-based assessment and classification process; a body search; and a search of personal belongings, which will be inventoried, documented, and safeguarded as necessary. Components Yes No NA Remarks All releases are coordinated with the ICE office of jurisdiction. Staff completes paperwork/forms for release as required. ICE Staff enter ali information on detainees admitted, released, or transferred into the Deportable Alien Control System (DACS). [;8J Acceptable ~ ~ 0 0 0 0 ~ 0 0 Standard Rating: At-Risk D Deficient D D Repeat Deficiency *Remarks: (Record Significant facts, observations, other sources used, etc.) b6, b7C b6, b7C 7/29/04 Auditors Signature I Date ( ( CLASSIFICATION SYSTEM { Policy: All facilities will develop and implement a system according to which ICE detainees are classified. The classification system will ensure that each detainee is placed in the appropriate category, physically separated from detainees in other categories Components The facility has a system for classifying ICE detainees. In SPCs the system is the Objective Classification System speCified in the ICE Standard. In CDFs the system is the ICE Objective Classification System or similar system. In IGSAs, an Objective Classification System or similar is used. The facility classification system includes: • Classifying detainees upon arrival. Separating individuals who cannot be classified upon arrival from the general population. • The first-line supervisor or designated classification specialist reviewing every classification decision. The intake/processing officer reviews work-folders, Afiles, etc., to identify and classify each new arrival. • ( In SPCs and CDFs, staff assigns each detainee a color-coded uniform and wristband based on his/her classification level. In SPCs every A-file includes original paperwork supporting the classification and the detention file contains a copy. Staff uses only information that is factual, and reliable to determine classification assignments. Opinions and unsubstantiated/ unconfirmed reports may be filed but are not used to score detainees classifications. Housing aSSignments are based on classificationlevel. Detainees are assigned to the least restrictive housing unit based and are not assigned more than one level higher or lower than their classification desianation. Detainees' meals are not based on classification designation. A detainee's classification-level does not affect his/her recreation opportunities. Detainees recreate with persons of similar classification designations. Detainee work assignments are based upon classification designations. The classification process includes reassessment/reclassification. Reassessments are conducted between 45 and 60 days after arrival and subsequent reassessments are completed every 60 to 90 dayS? The classification system includes standard procedures for processing new arrivals' appeals. Only a designated supervisor or classification specialist has the authority to reduce a classification-level on appeal. Classification appeals are resolved within five business days and detainees are notified of the outcome within 10 business days. Yes No NA [g] 0 0 Remarks - [g] 0 0 [g] 0 0 [g] 0 0 0 ~ 0 [g] 0 0 [g] 0 0 [g] 0 0 [g] 0 0 IZl 0 0 ~ 0 0 [g] 0 0 [g] 0 0 After classification, the files are forwarded to Deportations. Copies not placed in detention fIles to support classification. Copies of reclassifying docwnents are placed in detention fIles. CLASSIFICATION SYSTEM ( Policy: AU facilities will develop and implement a system according to which ICE detainees are classified. The classification system will ensure that each detainee is placed in the appropriate category, physically separated from detainees in other categories Components Classification designations may be appealed to a higher authority such as the Officer in Charge or equivalent. The Detainee Handbook or equivalent for IGSAs explains the classification levels, with the conditions and restrictions applicable to each. The Detainee Handbook or equivalent for IGSAs specifies the procedures a detainee must follow to appeal his/her classification or request reclassification. Yes No NA ~ D D ~ D D ~ D D Standard Rating: D At-Risk IZI Acceptable D Deficient Remarks Handbook amendment placed in all housing areas as of7/23/04. o Repeat Deficiency *Remarks: (Record signfficant facts, observations, other sources used, etc.) Detainees that cannot be classified are placed in Administrative Segregation until documents are received for proper classification. An Interoffice Memorandum is submitted to Deportations daily to retrieve the required information. If the files cannot be obtained, the detainees are reprocessed for removal by Deportations . b6, b7C ( ( 7/29/04 b6, b7C Auditor's Signature / Date II ( CORRESPONDENCE AND OTHER MAIL Policy: All facilities will ensure that detainees send and receive correspondence in a timely manner, subject to limitations required for the safety, security, and orderly operation of the facility. Other mail will be permitted, subject to the same limitations. Each facility will widely distribute its guidelines conceming correspondence and other mail. Components Yes No NA The admission process includes informing detainees of the facility's correspondence and other mail policy. ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D Notification of the policy is made in the detainee handbook and for SPCs and CDFs in the detail required to comply with the ICE standard. Each detainee receives a detainee handbook upon admittance. ( The rules for correspondence and other mail are posted in each housing or common area. The facility provides key information in languages other than English; In the language(s) spoken by significant numbers of detainees. List any exceptions. Incoming mail distributed to detainees on the day it is received by the facility and in no case more than 24 hours after it is received. Outgoing mail routinely delivered to the postal service within one day of its entering the internal mail system (excluding weekends and holidays). Staff records all priority, overnight, and certified mail delivered by the U.S.P.S. and all deliveries from commercial alternatives to the U.S.P.S. Staff do not open and inspect incoming general correspondence and other mail (including packages and publications) without the detainee present unless documented and authorized by the Officer-In-Charge or equivalent for prevailing security reasons. Staff does not ever read incoming general correspondence without the OIC's prior approval. Staff does not inspect incoming special Correspondence for physical contraband or to verify the ·special" status of enclosures without the detainee present. Staff is prohibited from reading or copying incoming special correspondence. Staff are only authorized to inspect outgoing correspondence or other mail without the detainee present when there is reason to believe the item might present a threat to the facility's secure or orderly operation, endanger the reCipient or the public, or might facilitate criminal activity. Inspection of outgoing special correspondence is done in the presence of the detainee and for contraband only. Correspondence to a politician or to the media is processed as special correspondence and is not read or copied. The official authorizing the rejection of incoming mail sends written notice to the sender and the addressee. Remarks Spanish versions posted. Logbook used. Logbook used. Logbook entries verified. ~ D D ~ D D ~ D D ~ D D ~ D D !8J D D ~ 0 0 All incoming mail and packages are x-rayed. Entered in logbook. CORRESPONDENCE AND OTHER MAIL Policy: All facilities will ensure that detainees send and receive correspondence in a timely manner, subject to limitations required for the safety, security, and orderly operation of the facility. Other mail will be permitted, subject to the same limitations. Each facility will widely distribute its guidelines concerning correspondence and other mail. ( The official authorizing censorship or rejection of outgoing mail provides the detainee with signed written notice. Staff maintains a written record of every item removed from detainee mail. In SPCs and CDFs documentation is in accordance with the Standard. The OIC monitors staff handling of discovered contraband and its disposition. Records are accurate and up to date. The procedure for safeguarding cash removed from a detainee is effective. The amount of cash credited to detainee accounts is accurate. Discrepancies are documented and investigated. Standard procedure includes issuing a receipt to the detainee. Detainee identity documents (e.g., passports, birth certificates) are maintained A-files. Only copies of detainee identity documents are maintained in other non-official files. Staff provides the detainee an ICE-certified copy of his/her identity document(s) upon reQuest. Staff disposes of prohibited items found in detainee mail in accordance with the "Control and Disposition of Contraband" Standard or the similar prevailing policy in IGSAs. Every indigent detainee has the opportunity to mail, at govemment expense: Correspondence about a legal matter: At least three other letters per week: Packages deemed necessary by ICE. The facility has a system for detainees to purchase stamps and for mailing a/l special correspondence and a minimum of 5 pieces of general correspondence per week. The facility provides writing paper, envelopes, and pencils at no cost to ICE detainees. D D I:8l I:8l D D I:8l D D All outgoing mail is being sent-out. Logbook verified. I:8l D D [8J D D [8J D D [8J D 0 [8J 0 0 [8J D 0 [8J 0 0 Detainees are given the maximum amount of $40, any remaining balances are sent to properly for a receipt. Detainee mails are sent free of charge by SPC. Standard Rating: [8J Acceptable 0 Deficient 0 At-Risk 0 Repeat Deficiency *Remarks: (Record significant facts, observations, other sources used, etc.) Themail-officer.IE aappearstobeveryorganized.this assignment on a rotational 30-day detail. All b6, b7C transactions in the mailroom is being document documented and mail is being delivered and sent out-timely b6, b7C b6, b7C Auditor's Signature 1 Date i DETAINEE HANDBOOK Policy: Every ole will develop a site-specific detainee handbook to serve as an overview of, and guide to, the detention policies, rules, and procedures in effect at the facility. The handbook will also describe the services, programs, and opportunities available through various sources, including the facility, ICE, private organizations, etc. Every detainee will receive a copy of this handbook upon admission to the facility. Components Each SPC/CDF have a detainee handbook. Each IGSA has a detainee handbook or equivalent. The detainee handbook is written in English and translated into Spanish or into the next most-prevalent Language(s). In SPCs and CDFs detainees are required to sign for them to ensure accountability. The handbook supplements the facility orientation video where one is provided. All staff members receive a handbook and training regarding the handbook contents. The handbook is revised as necessary and there are procedures in place for immediately communicating any revisions to staff and detainees. Yes No NA ~ D D ~ D D ~ D D [8'J D D ~ D D [8'J D D There an annual review of the handbook by a designated committee or staff member. The detainee handbook address the following issues: Personal Items permitted to be retained • by the detainee. • Initial issue of clothes. Personal hygiene items issued. The detainee handbook states in clear language basic detainee responsibilities. [gI D D [gI D D ~ D D The handbook identifies: Initial issue of clothing and bedding and initial issue of personal hygiene items. The handbook states when a medical examination will be conducted. The handbook describes the facility, housing units, dayrooms, In-dorm activities and special management units. The handbook describes; Official count times and count procedures Meal times, feeding procedures, procedures for medical or religious diets, additional information, Smoking policy, Clothing exchange schedules and if authorized, clothes washing and drying procedures and expected personal hygiene practices. The handbook describe times and procedures for obtaining disposable razors and allows that detainees attending court will be afforded the opportunity to shave first. The handbook describes barber hours and hair cutting restrictions. ~ 0 D ~ D D [gI D D [gI D D [gI D D [gI D D [8'J D D • ( Remarks Information and changes distributed by daily information sheets and staff meetings. • The handbook describes; the telephone policy, debit card procedures, direct and frees calls; Locations of telephones; Policy when telephone demand is high; Policy and procedures for emergency phone calls, and the Detainee Message System. Within 14 days. Done during recreation periods. Barber is a detainee. Haircuts are free. --------------------------------------------- DETAINEE HANDBOOK Policy: Every OIC will develop a site-specific detainee handbook to serve as an overview of, and guide to, the detention policies, rules, and procedures in effect at the facility. The handbook will also describe the services, programs, and opportunities available through various sources, including the facility, ICE, private organizations, etc. Every detainee will receive a copy of this handbook upon admission to the facility. Components The handbook addresses religiOUS programming. ( The handbook states times and procedures for commissary or vending machine usage. (where available) The handbook describes the detainee voluntary work program procedures and pay procedures. The handbook describes the library location and hours of operation and law library procedures and schedules. The handbook describes; attorney visitation hours; Location of the list of pro bono legal organizations; Group legal rights presentations schedule and sign up procedures. The handbook describes the facility search procedures and contraband policy. The handbook describes the facility visiting hours and schedule and visiting rules and regulations. The handbook describes the correspondence policy and procedures. The handbook describes the detainee disciplinary policy and procedures: Including: • Prohibited acts and severity scale sanctions. • Time limits in the Disciplinary Process. Summary of Disciplinary Process. The handbook describes the detainee grievance procedures including appeals. The detainee handbook describes the sick call procedures for general population and segregation. The handbook describes the facility recreation policy including: Outdoor recreation hours. • Indoor recreation hours. In dorm leisure activities. • Rules for television viewing. The handbook describes the detainee dress code for daily living; Work assignments and in SPCs and CDFs the meaning of color-coded uniforms. The handbook specifies the rights and responsibilities of all detainees. Yes No NA [gj D D [gj D D [gj D D [gj D D [gj D D [gj 0 0 [gj 0 0 [gj D 0 ~ 0 D [gj D 0 [gj D 0 [gj D 0 [gj D D ~ D 0 Remarks No commissary. vending machine available. • • • [gj Acceptable Standard Rating: At-Risk D Deficient D D Repeat Deficiency II *Remarks: (Record significant facts, observations, other sources used, etc.) The detainee handbook is very informative and covers the majority of all the required topics listed in the standard. The staff is very receptive in adding needed information and current revisions are placed in all affected areas. b6, b7C b6, b7C Auditor's Signature I Date ( FOOD SERVICE Policy: Every facility will provide detainees in its care with nutritious and appetizing meals, prepared in accordance with the highest sanitary standards. Components The food service program is under the direct supervision of a professionally trained and certified service administrator. In larger facilities the Cook Supervisor (CS) assists the FSA in day-to-day management of food service <merations. Responsibilities of cooks and cook foremen are in writing. The FSA determines the responsibilities of the Food Service Staff. The CS is on duty on days when the FSA is off duty and vice versa. The FSA provides food service employees with training that specifically addresses detainee-related issues. • ( In ICE Facilities this includes a review of the ICE "Food Service" standard Knife cabinets close with an approved locking device and the on-duty cook foreman maintains control of the key that locks the device. All knives not in a secure cutting room are physically secured to the workstation and staff directly supervises detainees using knives at these workstations. The FSAICS monitor the condition of knives and dining utensils. Special procedures govern the handling of food items that pose a security threat. Standard operating procedures include daily searches (shakedowns) of detainee work areas. Food service personnel conduct shakedowns along with detention staff. The FSA monitor staff's implementation of the facilities counting procedures. These procedures in written form and staff are trained in counting procedures. The detainees assigned to the food service department look neat and clean. Their clothing and grooming comply with the "Food Service" standard. The FSA annually reviews detainee-volunteer job descriptions to ensure they are accurate and up-todate. The CS instructs newly assigned detainee workers in the rules and procedures of the food service department. Training includes workplace-hazard recognition and deterrence. • Training covers the safe handling of every hazardous material the detainee are likely to encounter in their work. Yes No NA Remarks The CS is in charge of all operations. 0 [8J 0 [8J 0 0 [8J 0 0 The position descriptions are kept in the CS office. [8J 0 0 The CS and FS Supervisor alternate. [8J 0 0 [8J 0 0 [8J 0 D IZJ 0 0 [8J 0 D [8J 0 0 ~ 0 D IZJ D 0 ~ D 0 ~ D 0 [8l D D [8J D 0 Level 1 only. FOOD SERVICE ( Policy: Every facility will provide detainees in its care with nutritious and appetizing meals, prepared in accordance with the highest sanitary standards. i Components During orientation and training session(s), the CS explains and demonstrates: • Safe work practices and methods. Safety features of individual products! pieces of equipment. The CS documents all training in individual detainee detention files? Detainees are paid in accordance with the "Voluntary Work Program" standard or prevailing IGSA standards. Detainees are served at least two hot meals every day. No more than 14 hours elapse between the last meal served and the first meal of the following day. IN SPCs only: The ICE supervisor on duty ensure that ICE officers participate in dining room supervision. • ( A transparent "sneeze guard" protects both the serving line and salad bar line. The facility has a standard 35-day menu cycle. IGSAs use a 35-day or similar system for rotating meals. The FSA or facility considers the ethnic diversity of the facility's detainee population when developing menu cycles. (Provide examples) A registered dietitian conducts a complete nutritional analysis of every master-cycle menu planned. Are menus sometimes adopted without the dietitian's certification? • If yes, under what circumstances The CS has established procedures to ensure that items on the master-cycle menu are prepared and Qresented according to approved recipes. Does the CS have the authority to change menu items if necessary? • If yes, documenting each substitution, along with its justification • With copy to FSA All staff and volunteers know and adhere to written "food preparation" procedures. Detainees whose religious beliefs require the adherence to particular religious dietary laws are referred to the Chaplain or FSA. ( Yes No NA Remarks 181 D D 181 D D 181 D D rgJ D D 181 D D 181 D D 181 D D rgJ D D 181 D D Dietitian's License seen and verified. If the food supply is interrupted and the needed items are not available. $1 a day. Served 3 hot meals daily. rgJ D D rgJ D D [gJ D D [gJ D D 181 D D 2-security guards- 1 lEA and 1 contract guard (AKAL Security). A stainless steel wall enclosure is used. The detainees are issued a special meal card that is approved by the Chaplain. FOOD SERVICE ( Policy: Every facility will provide detainees in its care with nutritious and appetizing meals, prepared in accordance with the highest sanitary standards. Components A common-fare menu available to detainees whose dietary requirements cannot be met on the main. Changes to the planned common-fare menu can be made at the facility level. • Hot entrees are offered three times a week. • The common-fare menus satisfy nutritional recommended daily allowances (RDAs). Staff routinely provides hot water for instant beverages and foods. Common-fare meals are served with: • • Disposable plates and utensils? • Reusable plates and utensils? • Staff use separate cutting boards, knives, spoons, scoops, etc., to prepare the commonfare diet items. A Supervisor at the command level must approve a detainee's removal from the Common-Fare Program. • Under what circumstances? The OIC, in conjunction with the Chaplain and/or local religious leaders, provide the FSA a schedule of the ceremonial meals for the followina calendar year. The common-fare program accommodates detainees abstaining from particular foods or fasting for religious purposes at prescribed times of the year. • Muslims fasting during Ramadan receive their . meals after sundown? • Jews who observe Passover but do not partiCipate in the Common-Fare Program receive the same Kosher-for- Passover meals as those who do participate. Main-line offerings include one meatless meal (lunch or dinner) on Ash Wednesday and Fridays during Lent. IN SPCs the FSA prepares quarterly cost estimates for the Common Fare Program. • This quarterly estimate is factored into the quarterly budQet. The food service program addresses medical diets. Yes No NA [8J D 0 [8J D D [8J D D [8J D D Remarks • • ( If recommended by the appropriate parties i.e., Medical, C~plain. • prepares [8J D D ~ D D Special meal cards are issued by medical. Satellite-feeding programs follow guidelines for proper sanitation. ~ D D Boxed meals served for infirmary patients & processing area detainees. Hot and cold foods are maintained at the prescribed, "safe" temperature(s) after two hours. ~ D D [8J D D Food is not used to punish or reward detainees based upon behavior. ~ 0 D ICE SPCs and CDFs, a member of the food service staff prepares the sack lunches for detainee transportation. ~ D D All meals provided in nutritionally adequate portions. ( CS, b6, b7C this report. ( FOOD SERVICE Policy: Every facility will provide detainees in its care with nutritious and appetizing meals, prepared in accordance with the highest sanitary standards. Components The food service staff instructs detainee volunteers on: • Personal cleanliness and hygiene; Sanitary techniques for preparing, storing, and serving food, and; The sanitary operation, care, and maintenance • of equipment. Everyone working in the food service department complies with food safety and sanitation requirements. • If not, explain non-compliance. • Standard operating procedures include weekly inspections of all food service areas, including dining and food-preparation areas and equipment. • who conducts the inspections? Either the FSA or the CS inspects all food service areas once every week. Equipment is inspected for compliance with health and safety codes and regulations. • How often? When was the most recent inspection? • Which agency conducted the in~ection? . Reports of discrepancies are forwarded to the OIC or AOIC and corrective action is scheduled and completed. Standard procedure includes checking and documenting temperatures of a/l dishwashing machines during each meal. Staff documents the results of every refrigeratorl freezer temperature check. The cleaning schedule for each food service area is conspicuously posted. Do procedures include inspecting all incoming food shipments for damage, contamination, and pest infestation? ICE SPCs and CDFs Staff complies with the ICE requirements for "food receipt and storage. • ( ICE SPCs and CDFs Are stock inventory levels periodically monitored and adjusted to correct overage and shortCige problems? Storage areas are locked. ICE SPCs and CDFs staff complies with all ICE "Housekeeping, Storeroom/Refrigerator" requirements • Identify and explain shortcomings. Yes No NA ~ D D D ~ D IZl D D IZl D D Inspected by food service staff. IZl D D ~ D D ~ D D ~ D 0 ~ 0 0 ~ D D D ~ 0 ~ 0 0 [gj D 0 0 [gj D Temperature spike noted on freezer. Shoes being stored near the food storage and kitchen areas. See Connnents. Standard Rating: "Remarks: (Record significant facts, observations, other sources used, etc.) \ ! Equipment not being cleaned properly and trash found underneath sink-tables & freezers. The FS Supervisor, b6, b7C b6, b7C or staff/cooks. o Acceptable J:gJ Deficient D At-Risk 0 Repeat Deficiency ( , Remarks HOUSEKEEPING: Shoes were being stored in the kitchen area. On the third day of inspection, several food preparation equipment still had little pieces of meat, carrot, lettuce and grease left on the machines I ( after being cleaned. Trash was found stuffed underneath the freezer and sink-table in the food-serving area. The catch area under the range contained remnants of prepared food. These discrepancies were immediately corrected. However, these problems were occurred on a daily basis during the inspection on different sets of equipment. Better supervision by the kitchen staff and attention to detail is needed to remedy th is deficiency. STOREROOM: Shoe storage remained to be problem in this area, as detainees need to switch from their uniform shoes to safety boots as a precaution. A proposed shoe/boot storage rack has been submitted for either purchase or furnished by the Maintenance department. FREEZER: There was an instance when the freezer was recorded to have a temperature of sixty-four degrees. The time differential was unknown per the equipment check logs. As a result, the stored food was transferred to another freezer. However, since it is unknown how long the freezer was out of range. The food should have been thrown away as a safety precaution. There was a detainee grievance that possibly related toa food borne illness. New thermometers have been ordered to closely monitor these temperature changes. These thermometers will be able to record the temperatures on a continuous basis. BROKEN REFRIGERATOR: The refrigerator in the serving area has a broken thermostat; however, milk, fruit and drinks is being stored and the temperature is being check with a hand held thermometer. Since the refrigerator is supposed to be inoperable, the temperature checks are not being recorded as well since it's suppose to be out of commission. ( ( MAINTENANCE CONCERNS: Several ceiling tiles were missing and the thermostat for the air conditioning was malfunctioning. Electric fans and extension cords were being used in the dishwashing room for the comfort of the workers. However, since this area generally wet, the extension cords and fans posed as an electrocution hazard. The maintenance department immediate replaced the missing ceiling tiles, repaired the thermostat, and removed the electric fans and extension cords. b6, b7C b6, b7C re I Date ( FUNDS AND PERSONAL PROPERTY Policy: All facilities will implement procedures to control and safeguard detainees' personal property. Procedures will provide for the secure storage of funds, valuables, baggage and other personal property; the documentation and receipting of surrendered property; and the initial and regularly scheduled inventorying of all funds, valuables, and other property. c Components Detainee funds and valuables are properly separated and stored away. Detainee funds and valuables are accessible to designated supervisor(s} only. Detainees' large valuables are secured in a location accessible to designated supervisor(s) or proceSSing staff only. Staff itemizes the baggage and personal property of arriving detainees, including funds and valuables). For IGSAs and CDFs, using a personal property inventory form that meets the ICE standard? IN SPCs and CDFs staff gives the detainee the original inventory form, filing copies in the detainee's detention file and the personal property container. Staff forwards an anriving detainee's medicine to the medical staff. Staff searches anriving detainees and their personal property for contraband. ICE SPCs and CDFs staff obtains a forwarding address from each detainee. IN IGSAs, district staff obtains a forwarding address from each detainee. There is a written policy for retuming forgotten property to detainees and staff follows procedures? In SPCs and CDFs it is standard procedure for two officers to be present when removing/documenting the removal of funds from a detainee's possession. ICE SPCs and CDFs staff issues and maintains property receipts (G-589s) in numerical order. (CDFs may use a similar form if not specified in the contract) In SPCs and CDFs staff completes and distributes the G-589 in accordance with the ICE standard. In ICE SPCs and CDFs the processing officer records each G-589 issuance in a G-589 logbook. The record includes the initials and star numbers of receipting officers. In ICE SPCs and CDFs staff tags large valuables with both a G-589 and an 1-77? In ICE SPCs and CDFs the supervisor verifies the accuracy of every G-589. In ICE SPCs and CDFs the supervisor ensures that: • Detainee funds are, without exception, deposited into the cash box; • Every property envelope is sealed. All sealed property envelopes are placed in the safe. • Large, valuable property is kept in the secured locked area. In ICE SPCs and CDFs staff tags every baggage/facility container with an 1-77, completed in accordance with the ICE standard. • ( Yes No NA 0 D 0 0 D 0 0 D 0 0 0 0 0 D 0 0 D 0 0 0 0 Information listed in detention file. 0 0 0 Forwarded to detainees designated address. 0 D 0 0 0 0 0 0 0 0 0 D 0 D 0 0 0 0 0 0 0 0 0 0 Remarks Verified every morning when valuab les are removed from the safe to the property room. FUNDS AND PERSONAL PROPERTY ( Policy: All facilities will implement procedures to control and safeguard detainees' personal property. Procedures will provide for the secure storage of funds, valuables, baggage and other personal property; the documentation and receipting of surrendered property; and the initial and regularly scheduled inventorying of all funds, valuables, and other property. In ICE SPCs and CDFs staff secures every container used to store property with a tamper-proof numbered strap. In SPCs and CDFs a logbook records detainee name, A- number/detainee-number, baggage-checkll-77 number, security tie-strap number, property description, date issued and date returned. Property discrepancies are immediately reported to the CDEO or Chief of Security. In SPCs and CDFs the DOS (or equivalent) accompanied by a detention staff member conduct a comprehensive weekly audit. In SPCs and CDFs the OIC has established quarterly audits of baggage and non-valuable property as facility policy, the audits occur each quarter and audits are entered in the daily log. The facility positively identifies every detainee being released or transferred. In SPCs and CDFs in accordance with the ICE standard. Staff follows written procedures when returning property to detainees. Staff routinely informs supervisors of lost/damaged property daims. Claims are properly investigated and missing or damaged property claim reports are filed. In SPCs and CDFs every lost/damaged property report completed in accordance with the ICE standard on an 1387 (or equivalent). The OIC receives a copy and staff places the original in the detainee's A-file, retaining a copy in facility files. The SPC uses the Form SF-95 for all detainee missing/damaged property claims against the government. The claimant signs every SF-95. CDFIIGSA facility procedures for handling detainee property claims are similar with the ICE standard. The facility attempts to notify an out-processed detainee that he/she left property in the facility. • By sending written notice to the detainee's last known address; Via certified mail; • The notice state that the detainee has 30 days in which to claim the property, after which it will be considered abandoned. The facility disposes of abandoned property in accordance with written procedures. • If an SPC, in accordance with the ICE standard (based on ICE' "Personal Property Operations Handbook") • If a CDFIIGSA facility, written procedure requires the prompt forwarding of abandoned property to ICE. ( • ( I t:8l Acceptable 0 ~ D D IZI 0 D IZI D D ~ D D Straps are numbered and entered in detention file. Accompanied by Administrative DOS. Entered by Admin DOS. IZI D D IZI D D ~ D D IZI D D IZI D 0 IZI D 0 IZI 0 D ~ 0 0 ~ D 0 Standard Rating: Deficient cy 0 At-Risk D Repeat Deficient ( Remarks: (Record significant jacts, observations, other sources used, etc.) b6, b7C . c ( b6, b7C 7/29/04 Auditor's Signature I Date ( GROUP LEGAL RIGHTS PRESENTATIONS Policy: Facilities housing ICE detainees shall permit authorized persons to make presentations to groups of detainees for the purpose of informing them of U.S. immigration law and procedures, consistent with the security and orderly Operation of each facility. ICE encourages such presentations, which instruct detainees about the immigration system and their rights and options within it Components Yes No NA The ICEIOIC is responsive to requests by attomeys and accredited representatives for group presentations. Upon receipt of concurrence by the District Director, the OIC ensures proper notification to attomeys or accredited representatives in a timely manner. The facility follows policy and procedure when rejecting or requesting modifications to objectionable material provided or presented by the attorney or accredited representative. Posters announcing presentations appear in common areas at least 48 hours in advance and sign~up sheets are available and accessible. ~ D D ~ D D Documentation is submitted and maintained when any detainee is denied permiSSion to attend a presentation and the reason(s) for the denial. When the number of detainees allowed to attend a presentation is limited, the facility allows a sufficient number of presentations so that all detainees Signed up may attend. Detainees in segregation and unable to attend for security reasons may request separate sessions with presenters. Such requests are documented. Interpreters are admitted when necessary to assist attomeys and other legal r~esentatives. Presenters are afforded a minimum of one hour to make the presentation and to conduct a question~and~answer session. Staff permits presenters to distribute ICE-approved materials. The facility permits presenters to meet with small groups of detainees to discuss their cases after the group presentation. ICE Staff is present but do not monitor conversations with legal providers. Group presenters who have had their privileges suspended are notified in writing by the OIC and the reasons for suspension are documented. The District Director is notified when a group or individual is suspended from making presentations. The facility plays ICE-approved videotaped presentations on legal rights, at regular opportunities at the request of outside organizations. A copy of the Group Legal Rights Presentation policy, including attachments, is available upon request ( ~ ~ Acceptable 0 Standard Rating: Deficient D At-Risk Remarks Notified in writing. r8J D D IZl 0 0 0 0 r8J All detainees attend. lXI 0 0 lXI 0 0 r8J 0 0 ~ 0 0 lXI 0 D lXI 0 0 I Maximum of 70 detainees in general purpose room AKA dining room. Guards present for security purposes. None to date. IZl 0 0 lXI 0 0 r8J 0 0 0 None submitted by outside organ izations. Repeat Deficiency ( Remarks: (Record significant facts, observations, altemate source used for verification, etc.) ( b6, b7C b6, b7C 7/29/04 Au ltor's Slgnature/ Date ( ( DETAINEE GRIEVANCE PROCEDURES ; Policy: Every facility will develop and implement standard operating procedures (SOPs) for addressing detainee grievances in timely fashion. Each step in the process will occur within the prescribed time frame. Among other things, a grievance will be processed, investigated, and decided (subject to appeal) in accordance with the SOPs; a grievance committee will convene as provided in the SOPs. Standard procedure will include providing the detainee with a written response to any formal grievance, which will include the basis for the decision. The facility will also establish standard procedures for handling emergency grievances. All grievances will receive supervisory review. Reprisal against the filer of a grievance will not be tolerated. Components Written procedures provide for the informal resolution of oral grievances. • If yes, the detainee has up to five days within which to make his/her concern known to a member of the staff. Detainees have access to the grievance committee (or equivalent in IGSA), using formal procedures. • Detainees may seek help from other detainees or facility staff when preparing a grievance. Illiterate, disabled, or non-English-speaking detainees receive special assistance when necessary. In SPCs/CDFs, the detainee has five days after the incident or informal-grievance outcome to file a formal _grievance. Every member of the staff knows how to identify emergency grievances, including the procedures for expediting them. In SPCs and CDFs, when a Detainee does not accept the grievance committee's decision, he/she files an appeal with the ICE OIC. • In all facilities written procedures cover detainee appeals and are included in the detainee handbook There are no documented substantiated cases of staff harassing, disciplining, penalizing, or otherwise retaliating against a detainee who lodges a complaint. • If yes, explain. Procedures include maintaining a Detainee Grievance Log. • If not; an alternative acceptable record keeping system is maintained. "Nuisance complains" are identified in the • records. • For quality control purposes, staff documents nuisance complaints received but not filed. Staff is required to forward any grievance that includes officer misconduct to a higher official or, in a CDFIIGSA facility, to ICE. The admissions process includes providing each new arrival with a copy of the detainee handbook (or equivalent). • ( Yes No NA ~ D D ~ D D r:8J 0 0 ~ 0 0 r:8J 0 0 IZI D 0 ~ 0 D ~ D D r:8J 0 D Remarks Detainee is escorted by to the SIEA immediately. ( DETAINEE GRIEVANCE PROCEDURES Policy: Every facility will develop and implement standard operating procedures (SOPs) for addressing detainee grievances in timely fashion. Each step in the process will occur within the prescribed time frame. Among other things, a grievance will be processed, investigated, and decided (subject to appeal) in accordance with the SOPs; a grievance committee will convene as provided in the SOPs. Standard procedure will include providing the detainee with a written response to any formal grievance, which will include the basis for the decision. The facility will also establish standard procedures for handling emergency grievances. All grievances will receive supervisory review. Rep'risal against the filer of a grievance will not be tolerated. Components : , The grievance section of the handbook explains all steps in the grievance process - Including: • Informal and formal grievance procedures; • The appeals process and step-by-step procedures; In CDFs/IGSA facilities: procedures for filing an appeal with ICE. • Staff/detainee availability to help during the grievance process Guarantee against staff retaliation for filing/pursuing a grievance. • How to file a complaint about officer misconduct with the Department of Justice. • Yes No NA ~ 0 0 • I ( ~ Acceptable 0 Standard Rating: Deficient 0 At-Risk D Repeat Deficiency *Remarks: (Record significant facts, observations, other sources used, etc.) b6, b7C b6, b7C Auditors Signature I Date Remarks ( ISSUANCE AND EXCHANGE OF CLOTHING, BEDDING, AND TOWELS Policy: ICE requires that all facilities housing ICE detainees provide clean clothing, bedding, linens and towels to every ICE detainee upon arrival. Further, facilities shall provide ICE detainees with regular exchanges of clothing, linens, and towels for as long as they remain in detention. Components Yes The facility has a policy and procedure for the regular issuance and exchange of clothing, bedding, linens and towels. • The supply of these items exceeds the minimum required for the number of detainees. All new detainees are issued clean, temperatureappropriate, presentable clothing during in processing. Detainees receive • One uniform shirt and one pair of uniform pants or one jumpsuit. • One pair of socks. One pair of underwear (Daily change). One pair of facility-issued footwear. In SPCs and CDFs the uniform/jumpsuit is color-coded to reflect the detainee's classification level. Additional clothing is available for changing weather conditions or is seasonally appropriate. New detainees are issued clean bedding, linens and towel. They receive One mattress • One blanket One pillow Two sheets • One pillowcase One towel • Additional blankets are issued based on local weather conditions. No NA Remarks 3 to 1 ratio of supplies to detainees. [8J 0 0 Detainees also issued hygiene-kits. ~ 0 0 ~ 0 0 ~ 0 0 J:8J 0 0 J:8J 0 0 [8J 0 0 [8J 0 0 [8J 0 0 • • LeveI1-Blue, Level 2Orange, Level 3-Red. • ( • • • Detainees aSSigned to special work areas are clothed in accordance with the requirements of the job. Detainees are provided clean clothing, linen and towels. • Socks and undergarments exchanged daily. • Outer garments at least twice weekly. • Sheets at least weekly. • Towels at least weekly. Pillowcases at least weekly. Food service detainee volunteer workers permitted to exchange outer garments daily. Volunteer detainee workers are permitted to exchanges of outer garments more frequently. • I [8J Acceptable 0 Standard Rating: Deficient 0 At-Risk 0 Repeat Deficiency Remarks: (Record significant facts, observations, other sources used, etc.) b6, b7C \ b6, b7C Auditor's Signature I Date MARRIAGE REQUESTS • Policy: All detainee marriage requests will receive case-by-case consideration from ICE management. Components Yes No NA The OIC/ICE considers detainee marriage requests on a case-by-case basis. I:8J 0 0 ~ 0 0 ~ 0 D I:8J 0 0 ~ D 0 ~ D 0 I:8J 0 0 I:8J 0 0 I:8J 0 D In SPCs and CDFs the OIC or highest-ranking ICE official on-site is the only officer authorized to approve a request to marry. The ADD reviews every marriage request rejected by an OIC or IGSA. Rejections are documented. It is standard practice to require a written request for permission to marry. The written request includes a signed statement or comparable documentation from the intended spouse, confirming marital intent. The OIC provides a written copy of his/her decision to the detainee and his/her legal representative. When permission is denied, the OIC states the basis for his/her decision. The OIC provides the detainee with a place and time to make wedding arrangements. The detainee handbook (or equivalent) explains the marriage request process. ~ Acceptable ( 0 Standard Rating: Deficient OAt-Risk D Repeat Deficient "'Remarks: (Record significant facts, observations, other sources used, etc.) b6, b7C b6, b7C . 7/29/04 Auditor's Signature / Date Remarks NON-MEDICAL EMERGENCY ESCORTED TRIPS Policy: The Immigration and Naturalization Service (ICE) may provide detainees with staff-escorted trips into the community for the purpose of visiting critically ill members of the detainee's immediate family, or for attending funerals. Components The OIC considers and approves, on a case-by-case basis, trips to immediate family member's: • Funeral • Deathbed The facility recognizes mother, father, brother, sister, spouse, child, stepparent, and foster parent as "immediate family". The IGSA facility notifies ICE of all detainee requests for non-medical escorts. ( ( The District Director is the approving official for nonmedical escorted trips. The detainee's Deportation Officer reviews the file before forwarding a detainee's request, with recommendation, to the approving official. Each recommendation addresses the individual's suitability for travel, e.g., the kind of supervision required? Detainees who require overnight housing placed in approved IGSA facilities. At SPCs and CDFs, facility procedures comply with the following ICE Standards: • Non-Medical Emergency Escorted Trips • Transportation (Land Transportation) • Restraints applied strictly in accordance with the Use of Force standard. Each escort includes at least two officers. • The detainee under constant, direct visual supervision of escorting staff. The Chief Detention Enforcement Officer responsible for traininQ escort officers to follow written procedures. Escorting officers report unexpected situations to the originating facility as a matter of procedure and the ranking supervisor on duty has the authority to issue instructions for completion of the trip. Escorting officers have the discretion to: a. Increase or decrease minimum restraints in accordance with written instruction, procedures and classification level of the detainee. Escort officer training includes ICE Firearms Policy, Section 20.012? Escort officers do not accept gifts/gratuities from a detainee, detainee's relative or friend for any reason. Yes No NA Remarks Delegated to the [8J D D Deportation Officer. ~ D D D D IZl IZl D D ~ D D IZl D D [8J D D IZl D D IZl D D [8J 0 D ~ 0 0 ~ D 0 ~ 0 0 SPC facility. OlC. NON-MEDICAL EMERGENCY ESCORTED TRIPS ( Policy: The Immigration and Naturalization Service (ICE) may provide detainees with staff-escorted trips into the community for the purpose of visiting critically ill members of the detainee's immediate family, or for attending funerals. Components Escort officers ensure that detainees: Conduct themselves in a manner that does not bring discredit to the ICE. • Do not violate federal, state, or local laws. • Do not purchase, possess, use, consume, or administer narcotics, other drugs, or intoxicants. • Do not arrange to visit family or friends unless approved before the trip. • Make no unauthorized phone calls. • Know they are subject to search, urinalysis, breathalyzer, or comparable test upon return to the facility. . Standard procedure requires the immediate return to the facility of any detainee who violates trip rules. Yes No NA IZJ 0 0 IZJ 0 0 • I I:8J Acceptable 0 Standard Rating: Deficient 0 Repeat Deficiency 0 *Remarks: (Record Significant facts, observations, other sources used, etc.) b6, b7C ( b6, b7C 7/29/04 Auditor's Signature 1 Date At-Risk Remarks ( RECREATION Policy: It is ICE policy to provide access to recreational programs and activities to all ICE detainees, to the '. extent possible, under conditions of security and supervision that protect their safety and welfare. Components ( ( The facility provide: • An indoor recreation program • An outdoor recreation program In each SPC and CDF the facility has a full-time: Recreational Specialist and recreational assistant where required b~the standard. The recreational specialist tailors the program activities and offerings to the particular detainee population. Regular maintenance keeps recreational facilities and equipment in good condition. In SPCs and CDFs the recreational specialist supervises approved recreation activities. The recreational specialist supervises detainee recreation workers. The recreational specialist oversees recreation programs for Special Management Unit and specialneeds detainees. Dayrooms offer sedentary activities, e.g., board games, cards, television. Outside activities are restricted to limited-contact sports. Each detainee has the opportunity to participate in daily recreation. Detainees have access to recreation activities outside the housing units for at least one hour daily, 5 days a week. Staff checks aI/ items for damage and condition when equipment is returned. Staff conducts searches of recreation areas before and after use. All recreation areas under constant staff supervision. Supervising staff is equipped with radios. The facility provides detainees in the SMU at least one hour of recreation time daily. Detainees in disciplinary segregation receive a written explanation when a panel revokes his/her recreation privileges. Does the OIC review the panel's decision before it becomes effective. If yes, in every case? Detainees in administrative segregation receive a written explanation for denied recreational privileges. Volunteer groups present special programs or religious activities. Volunteers are required to sign a waiver of liability before entering a secure portion of the facility where detainees are present. Visitors, relatives or friends are not allowed to serve as volunteers. If the facility has no outside recreation, are detainees considered for transfer after six months? • If yes, written procedures ensure timely review of all eligible detainees. Yes No NA [g1 0 0 [g1 0 D [g1 D D [g1 0 D [g1 D D [g1 D D [g1 D D [g1 D D [g1 D D D [g1 D D [g1 D 0 [8J D 0 [8J [8J [] 0 D D [g1 D 0 [8J D 0 [8J D D [8J D D [g1 D 0 [8J 0 0 [8J D D Remarks Recreation Specialist- [g1 D D b6, b7C Suggestions gathered from detainee surveys. Two level 2 detainees work in recreation. 0 [g1 When detainee poses a hazard to himself or others. Usually H IV and religious classes. Outside recreation available. ( RECREATION Policy: It is ICE policy to provide access to recreational programs and activities to all ICE detainees, to the extent possible, under conditions of security and supervision that protect their safety and welfare .. Case officers make written transfer recommendations about every six-month detainee to the OIC. The OIC documents all detainee-transfer decisions, whether yes or no. The detainee's written decision for or against an offered transfer documented in his/her A-file. Staff notifies the detainee's legal representative of his/her decision to accept/decline a transfer. If no recreation is available, the ICE District routinely review transfer eligibility for all detainees after 60 days. Does the A-file of every detainee is held more than 60 days without access to recreation contains either a transfer-waiver signed by the detainee or the OIC's written determination of the detainee's ineligibility for transfer. The detainee's legal representative is notified of the detainee'slOIC's decision. I:8l Acceptable 0 Remarks: ( b6, b7C b6, b7C 7/29/04 Auditor's Signature I Date Standard Rating: Deficient D At-Risk 0 D (gJ D D (gJ D 0 L8J 0 0 L8J 0 0 L8J 0 D (gJ D 0 L8J II 0 Repeat Deficiency ( RELIGIOUS PRACTICES Policy: Facilities will provide ICE detainees of all faiths with reasonable and equitable opportunities to participate in the practices of their faith, limited only by the constraints of safety, security, the orderly operations of the facility and budgetary considerations. Components Yes No NA Detainees are allowed to engage in religious services. Space is available for detainees to conduct religious services. The facility allows detainees to observe the major "holy days" of their religious faith. a. List any exceptions. The facility accommodates recognized holy-day observances by: • Providing special meals, consistent with dietary restrictions. Honoring fasting requirements. • FaCilitating religious services. Allowing activity restrictions. Each detainee is allowed religious items in his/her immediate possession. Volunteer's credentials are checked and verified before letting him/her participate in detaine-e Qrograms. Members of faiths not represented by clergy conduct may request to present their own services within security allowances. Detainees in the Special Management Unit to participate in religious practices unless otherwise documented for the safety and security of the facility. ~ [] ~ D D D ~ D D IZI D 0 IZI 0 0 IZI 0 0 ~ 0 0 ~ 0 0 • Remarks Cafeteria eating area used as a general purpose room. • ( I [8J Acceptable 0 Standard Rating: Deficient 0 At-Risk 0 Repeat Deficiency *Remarks: (Record significant facts, observations, other sources used, etc.) b6, b7C b6, b7C Auditor's Signature I Date ( DETAINEE TELEPHONE ACCESS Policy: All facilities housing ICE detainees will permit detainees' reasonable and equitable access to telephones. Yes No NA [gJ 0 0 [gJ 18I 18I 0 0 0 0 0 0 [gJ 0 0 18I 0 0 Telephones are inspected regularly (daily in SPCs/CDFs), by designated facility staff, to ensure that they are in good working order. 18I 0 0 The facility administration promptly reports out-of-order telephones to the facility's telephone service provider. [gJ 0 D The facility administration monitors repair progress and take appropriate measures to ensure that the required repairs are begun and completed timely. 18I D D 18I 0 0 L8J 0 D [gJ 0 0 [gJ D D 0 0 18I L8J 0 D 18I D D L8J 0 D L8J 0 D L8J 0 D Emergency phone call messages are immediately given to detainees. 18I D D Detainees are allowed to retum emergency phone calls as soon as possible. [gJ 0 D Components Detainees allowed access to telephones during established facility waking hours. Upon admittance, detainees are made aware of the facility's telephone access policy. Notification of this policy is in the detainee handbook. The telephone access rules are posted in each housing area. The facility makes a reasonable effort to provide key information to detainees in languages spoken by any significant portion of the facility's population. Telephones are provided at a minimum ratio of one telephone per 25 detainees in the facility population. ( Detainees are afforded a reasonable degree of privacy for legal phone calls. A procedure exists to assist a detainee who is having trouble placing a confidential call. The facility provides the detainees with the ability to make non-collect (special access) calls. Special Access calls are at no charge to the detainees. In facilities unable to fully meet this requirement initially because of limitations of its telephone service, the ICE makes altemate arrangements to provide required access within 24 hours of a request by a detainee. No restrictions are placed on detainees attempting to contact attorneys and legal service providers who are on the approved "Free Legal Services Lisf. Special arrangements are made to allow detainees to speak by telephone with an immediate family member detained in another SPC or CDF? Use of general access phones is ordinarily not restricted. Any restrictions are documented and fall within one of the categories in paragraph VIII section G? The facility has a system for taking and delivering detainee telephone messages. Remarks Spanish versions available. 11 to 1 ratio. Calls made from staff telephone on case-by-case basis. Detainee Message Center. DETAINEE TELEPHONE ACCESS ( Policy: All facilities housing ICE detainees will permit detainees' reasonable and equitable access to telephones. Components Detainees in diSCiplinary segregation are allowed phone calls relating to the detainee's immigration case or other legal matters, including consultation calls. Detainees in disciplinary segregation are allowed phone calls to consular/embassy officials. Detainees in disciplinary segregation allowed phone calls for family emergencies. Detainees in administrative segregation and protective custody afforded the same telephoning privileges as those in general population. When detainee phone calls are monitored, notification is posted by detainee telephones that phone calls made by the detainees may be monitored. Special Access calls are not monitored. i ~ Acceptable 0 Yes No NA 18I 0 0 18I 0 0 18I 0 0 18I 0 D 18I D D Standard Rating: Deficient 0 At-Risk 0 Remarks Repeat Deficiency Remarks: (Record significant facts, observations, alternate source used for verification, etc.) b6, b7C ( .. b6, b7C 7/29/04 Auditor's Signature / Date II ( VISITATION Policy: ICE shall penn it detainees to visit with family, friends, legal representatives, special interest groups and the news media. Components There is a written visitation schedule and hours for general visitation. The visitation hours tailored to the detainee population and the demand for visitation. ( No NA IZl D D IZl D D Upon admittance detainees are made aware of the facility's visitation policy and the hours of visitation for the following categories: general visitation (including visitation by minors), legal visitation, consultation visitation for expedited removal. consular visitation, and special family visits, in the detainee handbook. IZl D D The visitation schedule and rules are available to the public. IZl D D The hours for all categories of visitation are posted in the visitation waiting area. IZl D D A written copy of the rules regulating visitation and the hours of visitation is available to visitors. IZl A general visitation log is maintained. IZl The detainees are permitted to retain personal property item specified in the standard. [8J A visitor dress code is available to the public. [8J Visitors are searched and identified according to standard requirements. rgJ D D D D D D D D D D The requirement on visitation by minors is complied with. [8J D D At facilities where there is no provision for visits by minors. the ICE arranges for visits by children and stepchildren, on request, within the first 30 days. After that time, on request, ICE considers a transfer, when possible, to a facility that will allow minor visitation. At a minimum, monthly visits are allowed. Detainees in special housing afforded visitation. ( Yes D D IZl D D IZl [8J D D Legal visitation is available seven (7) days a week. including holidays? rgJ D D On regular business days legal visitation hours provide for a minimum of eight (8) hours per day ahd a minimum of four hours per day on weekends and holidays. [8J D D On regular business days, detainees are given the option o(continuing a meeting with a legal representative through a scheduled meal. IZl D D In SPCs and CDFs, the facility has a written procedure allowing legal service providers and assistants to telephone the facility in advance of a visit to determine whether a particular detainee is detained in that facility. After consultation with a detainee, the attorney files the appropriate Form EOIR-28 with the court and a copy is maintained in the detainees file. [8J D D Remarks Paperwork only. VISITATION ( Policy: ICE shall permit detainees to visit with family, friends, legal representatives, special interest groups and the news media. The call ahead inquiry policy is available to legal service providers. Private consultation rooms are available for attorney meetings. There is a mechanism for the detainee and hislher representative to exchange documents. There are written procedures goveming detainee searches. The procedure is also listed in the detainee handbook or equivalent. When strip searches are required after every contact visits with a legal representative, the facility provides an option for non-contact visits with legal representatives. Prior to each visit, legal service providers and assistants are identified per the standard. ( IZI D D D IZI D IZI D D D 0 IZI IZI 0 D The current list of pro bono legal organizations is posted in the detainee housing areas and other appropriate areas. [gJ 0 0 The decision to permit or deny a tour is not delegated below the level of District Director? 0 [gJ 0 Provisions for NGO visitation as stated in the Detention Standards are complied with. IZI 0 D Law enforcement officials, requesting to visit with a detainee, are referred to the OIC for approval. IZI D 0 Former detainees or aliens in proceedings, requesting to visit with a detainee, are referred to the OIC. D 0 IZI Procedures are in place, consistent with the detention standard, for examinations by independent medical service providers and experts. IZI 0 0 I Non-contact visits only Standard Rating: At-Risk IZI Acceptable D Deficient D 0 b6, b7C b6, b7C 7/29/04 Auditor's Signature 1 Date ( I Delegated to the OIC. Not allowed to visit. Repeat Deficiency *Remarks: (Record significant/acts, observations, other sources used, etc) / Non-contact visits only in the main visitation area. ~ ( VOLUNTARY WORK PROGRAM Policy: In every facility offering a voluntary work program, ICE detainees will have the opportunity to work and earn money by participating. While not legally required, ICE affords detainee workers basic Occupational Safety and Health Administration (OSHA) protections. Components Does the facility have a voluntary work program? If yes, do detainees participate? In SPCs and CDFs staff maintains a written chart with work assignments and the corresponding classification levels. Detainee housekeeping meets neatness and cleanliness standards. In SPCs and CDFs, low level-three detainees have the opportunity to participate in special details, however, are never allowed to work outside the secure perimeter. Written procedures govern selection of detainees for the Voluntary Work Program. • The same procedures apply for replacement workers as for "new" workers. • Staff follows written procedures. Where possible, physically and mentally challenged detainees participate in the program. The facility complies with work-hour requirements for detainees, not exceeding: • Eight hours a day. Forty hours a week. Detainee volunteers generally work according to fixed schedule. In SPCs and CDFs volunteers receive the $1/dal'stipend. In SPCs and CDFs every participating detainee signed the Voluntary Work Program agreement? If a detainee is removed from a work detail, staff places the written justification for the action in the detainee's detention file. Staff, in accordance with written procedure, ensures that detainee volunteers understand their responsibilities as workers before they join the work program. The voluntary work program meets: • OSHA standards • NFPA standards • ACA standards • EOSH standards Medical staff screens and formally certifies detainee food service volunteers. Before the assignment begins As a matter of written procedure • Detainees receive safety equipment! training sufficient for the assignment Does the OIC have the latest OSHA standards? NFPA? ACA? EOSH? Proper procedure is followed when an alien is injured on the job. ( ( No NA rgJ 0 0 rgJ 0 0 rgJ 0 0 rgJ 0 0 rgJ 0 0 rgJ 0 0 rgJ 0 0 rgJ rgJ 0 0 0 0 0 0 18I 0 0 0 k8J 0 18I 0 0 18I 0 0 18I 0 0 18I 0 0 [8J 0 0 Remarks level 3 only allowed to clean their areas. • • ! Yes I rgJ Standard Rating: y 0 At-Risk lSI Acceptable D Deficient Training officer not involved in this program. D Repeat Deficiency - - ---------- ----- ( *Remarks: (Record significant facts, observations, other sources used, etc.) The department heads are in charge of creating the training regimen for its volWltary workers. Management and the Training Officer are not involved in the review and approval process of this program. The standards state that the Training Officer and Management need to approve the training. b6, b7C b6, b7C 7/29/04 Auditor's Signature 1 Date ( Department of HomelandtcUrity ( Immigration and Customs Enforcement Office of Detention and Removal Condition of Confinement Review Worksheet (This document must be attached to each G-324a Inspection Form) This Form to be used for Detention Reviews of spes Headquarters Detention and Removal Operations ( Health Services Section II ( ( hours, standard practice for staff to refer him/her to the medical department. The OIC immediately reports a hunger strike to the DO. CDFs and IGSAs immediately report a hunger strike to the INS. ( of the facility obtains a hunger striker's consent before medical treatment. every A signed detainee who rejects medical evaluation or treatment. During a hunger strike, staff documents and provides the hunger-striking detainee three meals a day. of drinking X 0 0 X 0 0 X 0 0 X 0 0 X 0 0 x 0 D X D D X D D X D D X D D X D 0 Notification to record the hunger and food consumption, does staff always use Hunger Strike Monitoring Form 1-839. medical staff has written procedures for treating hunger strikers. has received in identification hunger strikes. Medical staff receives early training in hungerstrike evaluation and treatment. Staff remains current in evaluation and treatment techniques. D X 0 X D D X D 0 X 0 D Consent medical staff by form not to be routinely in use, however, the content contained on the 1-839 was found to be consistently recorded in the notes ( X Acceptable Standard Rating: Repeat Deficiency D Deficient 0 *Remarks: (Record significant facts, observations, other sources used, etc.) b6, b7C b6, b7C /29 July 04 Auditor's Signature I Date ( D At·Risk ( health program in dards and the facility is examine and ( area. has own The restricted access area is located within the confines of the secure perimeter and no detainees have gained access in the twelve months. The medical facility entrance includes a holding/waiting the o x o X o o X 0 0 X 0 0 X 0 0 X 0 0 X 0 0 X 0 0 X 0 0 X 0 0 X 0 0 June 2 local contracted for emergency care. List of specialized service providers update 2004 are: • • • Secured in a locked area within the medical unit. With physical access restricted to authorized medical staff. Procedurally. no copies made and placed in are stored in a secure area. In INS SPCs and CDFs they are stored in a manner consistent of the INS standard. with all ( All narcotics .secured double locks e ( Medical screening includes a Tuberculosis test. • Every arriving detainee receives a TB test. • During the admission process. • Detainee's TB-screening does not occur more than one business day after his/her arrival at the facility. • Detainees not screened are housed separate from the All detainees receive a mental-health screening upon arrival. It is conducted: • By a health care provider or specially trained officer; • Before a detainee's assignment to a housing unit. In INS spes and CDFs the screener records all findings on the in-processing health screening form (1-794). In IGSAs the screening is recorded on an approved mental facility health care 794s (or equivalent) to medical attention. The health care provider physically examines/assesses arriving detainees within 14 days of admission. ( Detainees in the Special Management Unit have access to health care services. detainees services request slips daily, upon request. • Request slips are available in the languages other than English, including every language spoken by a sizeable number of the facility's detainee population. • Service-request slips are delivered in a timely fashion to the health care sick call is scheduled in accordance with the guideline in paragraph VIII section E. The facility has a written plan for the delivery of 24-hour emergency health care when no medical personnel are on duty at the facility, or when immediate outside medical attention is numbers for local ( x 0 0 X 0 0 X 0 0 x 0 0 0 X X 0 25 charts 1 found without 14 day PE. LOP states PE's to be 0 call slips provided in English and Spanish X 0 D X 0 0 X 0 0 X 0 0 X 0 0 X 0 0 x 0 0 Sick conducted 7 days weekly, exceeds x D D X D D D x x D D es Clinic for general population. SMU meds delivered to SMU by clinic staff. Housing unit staff authorized to issue Tylenol within specified guidelines. Training provided on guidelines. CD concurs with training Noted via chart reviews ( • are records are placed a sealed envelope or other container labeled with the detainee's name and Amarked CONFIDENTIAL", number In SPCs and CDFs formal documented meetings are held at least quarterly between the OIC of the facility and the HSA of the medical X D 0 X D D X D D X D D X D 0 X D 0 X 0 0 X D 0 X D 0 x D 0 X D 0 x D 0 X D 0 II ( \ Meetings conducted weekly ( \ X Acceptable 0 Standard Rating: Deficient Repeat Deficiency 0 0 At-Risk Remarks: (Record significant facts, observations, other sources used, etc.) Pharmacy SIPS system has capability to print prescription labels in English as well as Spanish. Pharmacist is currently developing resources for providing medication instructions. in written form for detainees in every spoken language. b6, b7C b6, b7C /29 July 04 Auditor's Signature I Date ( :: ( x 0 0 x 0 0 x 0 0 x 0 0 " Staff observes a suicide-watch detainee at least once every 15 minute. X X Acceptable 0 0 Remarks: (Record significant facts, observations, other sources used, etc.) b6, b7C /29 July 04 Auditor's Signature j Date b6, b7C 0 Standard Rating: Deficient Repeat Deficiency 0 15 min conducted in SSU, detainees requiring 1:1 obs are transferred to "rubber" room, placed in suicide 0 At-Risk ( who are to office promptly notifies or appropriate I the next of kin of the detainee's: medical condition. • The detainee's location. on • The limitations For SPCs and CDFs There are guidelines addressing State Advanced Directive Form for Implementing Living Wills and Advanced Directives. • The guidelines include instructions for detainees who wish to have a living will other than the generic form the DIHS provides or who wish to appoint another to make advance decisions for him or her. to ( X 0 0 X 0 0 x 0 0 x 0 0 X 0 0 x 0 0 X D 0 X 0 0 X 0 0 LOP's reviewed DNR noted to be completed and appropriately signed in detainee's native language. Multidisciplinary involvement including Medical, Mental Health and ICE noted. via chart Headquarters' Legal Counsel of the name and basic circumstances of any detainee with a "Do Not Resuscitate" order in the medical record. In the case of IGSAs, this notification is made through the local INS has procedures to address issues of organ donation by detainees. • INS SPCS and CDFs the procedures adhere to the detention standard requirements, if not, state the diffe The facility has written procedures to notify INS officials, deceased family members and consulates, when a detainee dies ile in Service. The facility has a policy and procedure to address the death of a detainee while in transport. • In SPCs and CDFs the procedures adhere to the uirements in the detention standard. review ( At all INS locations the detainee's remains disposed of in accordance with the provisions detailed in this standard. • The family has seven calendar days of the date of notification (in writing or in person) to claim the remains. If the family chooses to claim the body, they are told that they will assume responsibility for making the necessary arrangements and paying all associated costs (transportation of body, burial, etc.). • If the family wants to claim the remains, but cannot afford the transportation costs, they are aware that INS may assist the family by transporting the remains to a location in the United States. • The consulate is notified. • When family members cannot be located or decline, orally or in writing, to claim the remains, the consulate is notified in writing. • The consulate is given seven calendar days to • ( X 0 0 X 0 0 x 0 0 x 0 0 x 0 0 the • and procedures describing when to contact the local coroner regarding such issues as • Performance of an autopsy. Who will perform the autopsy. Obtaining State approved death certificates. • of the Local • • ( *Remarks: (Record significant facts, observations, other sources used, etc.) 181 Acceptable 0 b6, b7C b6, b7C J29July 04 Auditors Signature I Date ( (, Standard Rating: Deficient 0 Repeat Deficiency 0 At-Risk ( Department of Homelan.CUrity Immigration and Customs Enforcement Office of Detention and Removal • Condition of Confinement Review Worksheet (This document must be attached to each G-324a Inspection Fonn) This Form to be used for Detention Reviews of SPCS Headquarters Detention and Removal Operations Security and Control Section III CONTRABAND ( Policy: All detention facilities will ensure the proper handling and disposal of all contraband. Documentation of contraband destruction is required. Components The facility follows a written procedure for handling iflegal contraband. Staff inventories, holds, and reports it when necessary to the proper authority for action/possible seizure. Contraband that is government property is retained as evidence for potential disciplinary action or criminal prosecution. Staff returns property not needed as evidence to the proper authority. Written procedures cover the return of such property. ( No NA L8J D D L8J D D [8] D D Altered property is destroyed following documentation and using established procedures. Before confiscating religious items, the OIC or designated investigator contacts a religious authority. L8J D D [8] D 0 Staff follows written proced ures when destroying hard contraband that is illegal. L8J D 0 Hard contraband that is illegal (under criminal statutes) may be retained and used for official use, e.g. training purposes. If yes, under specific circumstances and using specified written procedures. Hard contraband is secured when not in use. L8J D D L8J D D (gJ D 0 [8] D 0 [8] D D All identity documents (birth certificates, passports, etc.) are held in A-files. Detainees receive copies upon request. In SPCs and CDFs the detainee handbook (or equivalent) tells detainees that a copy of each identity document is available upon request. Upon admittance, detainees receive notice of items they can and cannot possess. New arrivals receive copies of the rules regarding contraband. Detainees receive notification of contraband rules and procedures in the detainee handbook (or equivalent). ( Yes Remarks ( Verification Sources: SOURCE Detainee Handbook Contraband LOQbook A-File/Detention file Review of facility policy and procedure for control and disposition of contraband Observation of contraband confiscation Detainee and staff interviews I2J Acceptable 0 TIME 11:30 08:45 09:00 15:45 DATE 07/28 07/28 07/28 07/27 LOCATION ECC Admin Trailer SIEA Offices ECC Intake Area (Detention Folders) 08:45 09:00 07/28 From LOQbooks only ECC Intake Area 07/28 Standard Rating: Deficient 0 Repeat Deficiency D At-Risk *Remarks: (Record significant facts, observations, other sources used, etc.) Two entries were taken from the Contraband Logbook in the SIEA offices, where the book is kept, and the detention files were later pulled for these two cases to verify appropriate forms and proceedures. The detention files did, in fact, contain documentation that contraband was taken from the detainee at time of admission to ECC. b6, b7C Auditor's Signature I Date ( ( ___?_~27-0¥ ( DETENTION FILES Policy: Every facility will create a detention file for every INS detainee booked into the facility, excluding only detainees scheduled to depart within 24 hours. The detention file will contain copies and, in some cases, the original of specified documents concerning the detainee's stay in the facility: classification sheet, medical questionnaire, property inventory sheet, disciplinary documents, etc. Components ( A detention file is created for every new arrival whose stay will exceed 24 hours. In SPCs and CDFs written procedures for in processing cover creation of the detention file. The OIC or staff designate ensures that necessary equipment and supplies, including copier(s) and copier paper, are available; that all equipment is maintained in good working order, and that equipment has the capacity to handle the volume of work generated. The detainee detention file contains either originals or copies of documentation and forms generated during the admissions process. In SPCs and CDFs, if necessary, copies of documents and forms contained are in the detainee'S A-File. The detainee's detention file also contains documents generated during the detainee's custody. • Special requests • Any G-589s and/or 1-77s closed-out during the detainee's stay • DiSCiplinary forms/Segregation forms • Grievances, complaints, and the disposition(s) of same The Chief Detention Enforcement Officer (CDEO) or equivalent directs certain documents be added to an alien's detention file. The detention files are located and maintained in a secured area. If not the cabinets are lockable and distribution of the keys is limited to supervisors. The detention file remains active during the detainee's stay. When the detainee is released from the facility, staff adds copies of completed release documents, the original closed-out receipts for property and valuables, the original 1-385 or equivalent and other documentation. The officer closing the detention file makes a notation that the file is complete and ready to be archived. Staff makes copies and sends documents from the file when appropriately requested by supervisory personnel at the receiving facility or office. In SPCs and CDFs archived files are purged after three (3) years by shredding or burning. Appropriate staff has access to the detention files and other departmental requests are accommodated by making a request for the file. Each file is properly logged out and in by a representative of the responsible department. Yes No NA 181 D D 181 D D 181 D D ~ D D ~ D D ~ D D ~ D D ~ D D ~ D 0 ~ 0 0 ~ D D Remarks * See Remarks ( DETENTION FILES Polley: Every facility will create a detention file for every INS detainee booked into the facility, excluding only detainees scheduled to depart within 24 hours. The detention file will contain copies and, in some cases, the original of specified documents concerning the detainee's stay in the facility: classification sheet, medical questionnaire, property inventory sheet, disciplinary documents, etc. Components Yes No NA Field offices controlling detention in IGSA facilities create and maintain detention files on all detainees admitted to IGSA facilities. These files contain the forms and documents set forth for SPCfCDF detention files to the extent that the field office creates them or the IGSA forwards them. 0 D ~ Remarks Not an IGSA Facility. Verification Sources: SOURCE· Review of facility policy and procedures. Observation of in processing procedures Review of detention files [8] Acceptable 0 TIME DATE 08:00 15:15 09:00 07/28 07/28 07/28 LOCATION EGC Admin Trailer EGG Intake Area EGG Intake Area (Detention Files) Standard Rating: Deficient 0 Repeat Deficiency 0 At-Risk *Remarks: (Record significant facts, observations, other sources used, etc.) ( The detention files are not located in a secure area. They are kept in lockable steele file cabinets near the SDEO office in the processing area. These cabinets were unlocked when this reviewer arrived as one of the officers was actively working with the files. Upon completion of his task this reviewer witnessed the officer locking the file cabinets. He was asked how many officers in intake have keys to these file cabinets. The officer stated he was the only one. b6, b7C Auditor's Signature ( ~ Date 7--c?-<..:..'Y ( DISCIPLINARY POLICY Policy: All facilities housing INS detainees are authorized to impose discipline on detainees whose behavior is not in compliance with facility rules and regulations. Components The facility has a written disciplinary system using progressive levels of reviews and appeals. ( The facility rules state that disciplinary action shall not be capricious or retaliatory. Written rules prohibit staff from imposing or permitting the following sanctions: • corporal punishment • deviations from normal food service • clothing deprivation • bedding deprivation • denial of personal hygiene items • loss of correspondence privileges • deprivation of phvsical exercise The rules of conduct, sanctions, and procedures for violations are defined in writing and communicated to all detainees verbally and in writing. The following conspicuously posted in Spanish and English or other dominate languages used in the facility: • Rights and Responsibilities • Prohibited Acts • Disciplinary Severity Scale • Sanctions • If so, where posted When minor rule violations or prohibited acts occur, informal resolutions are encouraged. If informal resolutions are not appropriate, incident reports and Notice of Charges are promptly forwarded to the INS/CDF supervisor. Incident reports are investigated within 24 hours of the incident report. The Unit Disciplinary Committee (UDC) or equivalent does not convene before investigations have ended. An intermediate disciplinary process is used to adjudicate minor infractions. A disciplinary panel (or equivalent in IGSAs) adjudicates infractions. The panel: • Conducts hearings on all charges and allegations referred by the UDC Considers written reports, statements, physical • evidence, and oral testimony Hears pleadings by detainee and staff representative Bases its findings on the preponderance of evidence • Imposes only authorized sanctions A staff representative is available, if requested for a detainee facing a disciplinary hearing The facility permits hearing postponements or continuances when conditions warrant such a continuance. Reasons for are documented. Yes No NA 'rg] 0 0 rg] 0 0 rg] 0 0 [g] 0 0 [g] 0 0 rg] 0 0 rg] 0 0 ['g] 0 0 rg] D D rg] D 0 rg] 0 0 rg] 0 0 • • ( 'Remarks DISCIPLINARY POLICY ( Policy: All facilities housing INS detainees are authorized to impose discipline on detainees whose behavior is not in compliance with facility rules and regulations. Components Yes No NA Remarks The duration of punishment set by the OIC/recommended by the disciplinary panel does not exceed established sanctions. The maximum time in disciplinary segregation does not exceed 60 days for a single offense. Written procedures govern the handling of confidentialinformant information. Standards include criteria for recognizing "substantial evidence" All forms relevant to the incident. investigation, committee/panel reports, etc., are completed and distributed as required. ~ D D ~ D D ~ D D Verification Sources: SOURCE Observing posted notices of rights Observinq diSCiplinary hearings Review of written disciplinary actions Facility's written policy and procedures Detainee and staff interviews * TIME 10:00 DATE 07/27 09:45 08:00 15:00 07/28 07/28 07/27 LOCATION EGC - Kilo Barracks Not Available ECC Intake (Detention Files} EGC Admin Trailer EGC SMU Standard Rating: [8] Acceptable ( D Deficient D Repeat Deficiency D At-Risk *Remarks: (Record significant facts, obselVations. other sources used, etc.) There was only one individual currently in the SMU (admin seg) awaiting a disciplinary hearing for misconduct. Contract guards in the SMU were not able to tell this reviewer when that hearing was going to be. b6, b7C Auditors Signature / Date ( ,,7_~-::? -<.JY __ EMERGENCY (CONTINGENCy) PLANS ( Policy All facilities holding INS detainees will respond to emergencies with a predetermined standardized plan to minimize the harming of human life and the destruction of property. It is recommended that SPCs and CDFs enter into agreement, via Memorandum of Understanding (MOU), with federal, local and state agencies to assist in times of emergency. Yes No Remarks Components NA No Detainee or detainee groups exercise control or authority over other detainees. Detainees are protected from: Personal abuse Corporal punishment Personal injury Disease • Property damage • Harassment from other detainees Staff are trained to identify signs of detainee unrest. • What type of training and how often? Does staff effectively disseminates information on facility climate, detainee attitudes, and moods to the Officer In Charge (OIC)? • From the OIC to line staff? There is a designated person or persons responsible for emergency plans and their implementation. Sufficient time is allotted to the person or group for development and implementation of the plans. The plans address the following issues: • Confidentiality Accountability (copies and storage locations) Annual review procedures and schedule • Revisions Contingency plans include a comprehensive general section with procedures applicable to most emergency situations. The facility has cooperative contingency plans with applicable: • Local law enforcement agencies State agencies • Federal agencies All staff receives copies of Hostage Situation Management policy and procedures. Staff is trained to disregard instructions from hostages, regardless of rank. Within 24 hours after release hostages are screened for medical and psychological effects. In SPCs and CDFs, the OIC has a plan that includes the use of a victim assistance team for released hostages and hostage families. In SPCs and CDFs a review team visits the facility after every hostage taking. Emergency plans include emergency medical treatment for staff and detainee$ during and after an incident. The food service maintain at least 3-days' worth of emergency meals for staff and detainees. Written plans locate shut-off valves and switches for all utilities (water gas, electric). In SPCs and CDFs emergency plans describe alternative routes to the facility. • • • • ( • • • ( [gJ D D [gJ D D [gJ D D [gJ D D [gI D D [gI D D [gI D D D [gI D [gI D D [gI D D [gJ D 0 ~ D D 0 0 D ~ 0 D [gJ D D Annual Crisis Training Detention Operations b6, b7C Supervisor See Remarks Section C, No. 16 of the ECC Em.Cont. book EMERGENCY (CONTINGENCy) PLANS ( Policy All facilities holding INS detainees will respond to emergencies with a predetermined standardized plan to minimize the harming of human life and the destruction of property. It is recommended that SPCs and CDFs enter into agreement, via Memorandum of Understanding (MOU), with federal, local and state agencies to assist in times of emergency. Components Yes No NA Remarks In SPCs and CDFs emergency procedures include notification of neiQhbors. In SPCs and CDFs Do plans specify procedures for postemergency debriefings and discussion? In SPCs the OIC periodically schedule emergency "drills" to test the facility's emergency preparedness (readiness to implement contingency plan(s)>" The plans reviewed annually. Written procedures cover: • Work/Food Strike • Disturbances • Escapes • Bomb Threats • Adverse Weather Internal Searches • Facility Evacuation • Detainee Transportation System Plan Internal Hostages Civil Disturbances • ~ D D ~ D D ~ D D ~ D D Lists with numbers right under title paQe. Emergency drill Jog was reviewed in the SIEA building • • c Verification Sources: SOURCE Facility's written J)9Jicy andproced ures Reviewing facility records Detainee and staff interviews [XI Acceptable TIME 15:00 08:45 14:00 0 DATE 07/28 07/28 07/28 LOCATION ECC Admin Trailer ECC SIEA buildin~ ECC OIC Office Standard Rating: Deficient 0 Repeat Deficiency D At-Risk Remarks: (Record significant facts, observations, other sources used, etc.) The Emergency Contingency Plans book was very nicely organized and provided phone numbers to be called in case of emergency. The phone numbers were easily accessible even in a frantic state of mind during an emergency. b6, b7C Auditors Signature 1 Date ( ENVIRONMENTAL HEALTH AND SAFETY i Policy: Every facility will control flammable, toxic, and caustic materials through a hazardous materials program. The program will include, among other things, the identification and labeling of hazardous materials in accordance with applicable standards (e.g., National Fire Protection Association [NFPA]); identification of incompatible materials, and safe-handling procedures Components The facility has a system for storing, issuing, and maintaining inventories of hazardous materials. Constant inventories are maintained for all flammable, toxic, and caustic substances used/stored in each section of the facility. The manufacturer's Material Safety Data Sheet (MSDS) file is up-to-date for every hazardous substance used. • The files list all storage areas, and include a plant diagram and legend. The MSDSs and other information in the files • are available to personnel managing the facility's safety program. All personnel using flammable, toxic, and/or caustic substances follow the prescribed procedures. They: • Wear personal protective • Equipment. • Report hazards and spills to the deSignated official. The MSDSs are readily accessible to staff and detainees in the work areas. Yes No NA ~ D D ~ D D ~ D D ~ D D D ~ D ~ D ,D ~ D D 181 D D 181 D D D 181 D ~ D 0 D D 181 181 D 0 • ( Hazardous materials are always issued under proper supervision. • quantities are limited. • Staff always supervises detainees using these substances. "Flammable" and "combustible" materials (liquid and aerosol) are stored and used according to label recommendations. Lighting fixtures and electrical equipment are installed in storage rooms and other hazardous areas meet National Electrical Code requirements. In SPCs and CDFs the storage rooms meet the security and structural requirements speCified in the standard. Storage cabinets meet the physical requirements specified in the standard? All toxic and caustic materials stored in their original containers in a secure area. Excess flammables, combustibles, and toxic liquids are disposed of properly and in accordance with MSDSs. Staff directly supervises and accounts for products with methyl alcohol. Staff receives a list of products containing diluted methyl alcohol, e.g., shoe dye. All such products clearly labeled as such. "Accountability" includes issuing such products to detainees in the smallest workable Quantities. Every employee and detainee using flammable, toxic, or caustic materials receives advance training in their use, storage, and disposal. Remarks MSDS's were not located at all chemicallocatations Sev cases of dry bleach was stored unsec in laund Imp Valley Environment PO done as needed. No methyl alcohol products are used in ECC. ENVIRONMENTAL HEALTH AND SAFETY ( Policy: Every facility will control flammable, toxic, and caustic materials through a hazardous materials program. The program will include, among other things, the identification and labeling of hazardous materials in accordance with applicable standards (e.g., National Fire Protection Association [NFPA]); identification of incompatible materials, and safe-handling procedures Components The facility complies with the most current edition of applicable codes, standards, and regulations of the National Fire Protection Association and the Occupational Safety and Health Administration (OSHA). A technically qualified officer conducts the fire and safety inspections. In SPCs arid CDFs, these inspections are conducted informally on a weekly basis and formally monthly. Every written inspection report forwarded to the OIC. The Safety Office (or officer) maintains files of inspection reports? Including corrective actions taken. The facility has an approved fire prevention, control, and . evacuation plan. The plan requires: Monthly fire inspections. • Fire protection equipment strategically located throughout the facility. • Public posting of emergency plan with accessible building/room floor plans. • Exit signs and directional arrows. • An area-specific exit diagram conspicuously posted in the diagrammed area. Fire drills are conducted and documented monthly. A sanitation program covers barbering operations. The barbershop has the facilities and equipment necessary to meet sanitation requirements. The sanitation standards are conspicuously posted in the barbershop. Written procedures regulate the handling and disposal of used needles and other sharp objects. All items representing potential safety or security risks are inventoried and a designated individual checks this inventory weekly. In SPCs and CDFs, the Health Services Administrator (HSA) has implemented a program supporting a high level of environmental sanitation. In SPCs and CDFs the HSA conducts medical-facility inspections every day. Each inspection includes noting the condition of floors, walls, windows, horizontal surfaces, and equipment. Standard cleaning practices include: • Using specified equipment; cleansers; disinfectants and detergents. An established schedule of cleaning and follow• up inspections. The facility follows standard cleaning procedures. • For SPCs and CDFs list discrepancies between INS standard and facility procedures and isolation-cleaning procedures been implemented as required. Spill kits are readilv available. Yes No NA ~ 0 0 18I 0 0 18I 0 D 18I D 0 • ( ( 18I 0 0 18I 18I 0 0 D 0 D D 18I D 0 18I 0 0 18I 0 0 18I D 0 18I 0 0 [8J ~ D 0 ~ 0 0 18I D 0 Remarks Fire extinguishers are throughout facility but are under padlock. Every key ring has keys to these locks. 1 per shift per quarter In medical unit. The delegated health & safety to one of her staff officers The kitchen could use some closer attention but over all the facility is well kept and very clean. See remarks ( ENVIRONMENTAL HEALTH AND SAFETY Policy: Every facility will control flammable, toxic, and caustic materials through a hazardous materials program. The program will include, among other things, the identification and labeling of hazardous materials in accordance with applicable standards (e.g., National Fire Protection Association [NFPA]); identification of incompatible materials, and safe-handling procedures Components A licensed medical waste contractor disposes of infectious/bio-hazardous waste. In SPCs and CDFs staff is trained to prevent contact with blood and other body fluids and written procedures are followed. Do the methods for handling/disposing of refuse meet all regulatory requirements. A licensed/CertifiedlTrained pest-control professional inspects for rodents, insects, and vermin. • At least monthly. • The pest-control program includes preventive spraying for indigenous insects. Drinking water and wastewater is routinely tested according to a fixed schedule. Emergency power generators are tested at least every two weeks. • Other emergency systems and equipment receive testing at least quarterly. • Testing is followed-up with timely corrective actions (repairs and replacements). ( ( Yes No NA ~ 0 0 0 ~ 0 See remarks ~ 0 0 Only 1 lisenced service provider in EI Centro. Completed 07/09/04, ~ 0 0 [ZJ 0 0 ~ 0 0 Remarks 06/26/04,05/08/04, 03/26/04 . ... Annually Generator is approximately two years old and is very clean. Very well maintained! ( Verification Sources: SOURCE Observe maintenance crews Observe detainee work crews Inspect storage facilities Facility's written policy and procedures Inspect inspection reports Inspect medical facilities Review waste removal contracts Review evacuation routeslmaps Detainee and staff interviews * TIME DATE 10:30 11:00 11:00 11:30 11:35 11:15 10:30 07129/04 07/29/04 07/29/04 07/29/04 07/29/04 07129104 07/29/04 LOCATION Limited but thouahout inspection. Limited but thouahout inspection. ECC Rec & Laundry Buildings ECC Maintenance Building ECC Maintenance Building ECC Medical Unit Dumpsters ECC Admin Trailer ECC Maintenance Building ECC Laundry Standard Rating: [8] Acceptable D Deficient D Repeat Deficiency D At-Risk *Remarks: (Record significant facts, observations, other sources used, etc.) There were not spill kits readily available at many of the posts within ECC. The Facility Manager was in attendance during the review and he was in contact with his staff at each occasion ordering them to provide spill kits to the location/post in question. Spill kits were provided but most officers questioned were unable to explain how to use them. Only 3 of 10 staff member questions could explain how to use a spill kit. b6, b7C Auditors Signature 1 Date ( ( 7-c.)?~<.J,/ ---- ( ~. HOLD ROOMS IN DETENTION FACILITIES Policy: Hold rooms will be used only for temporary detention for detainees awaiting removal, transfer, EOIR hearings, medical treatment, intra-facility movement, or other processing into or out of the facility. ( Components Yes No NA The hold room is situated in a location within the secure perimeter. In SPCs and CDFs the single occupant hold rooms contain a minimum of 37 square feet (7 unencumbered square feet for the detainee, 5 square feet for a combination lavatory/toilet fixture, and 25 square feet for a wheelchair turn-around area). • If multiple-occupant hold rooms are used, there is an additional 7 unencumbered square feet for each additional detainee. The hold rooms well ventilated, well-lighted and all activating switches located outside the room. The hold rooms contain sufficient seating for the number of detainees held. No bunks/cots/beds or other related make shift sleeping apparatuses are permitted inside hold rooms. In SPCs and CDFs constructed after 1998 the hold rooms are equipped with stainless steel combination lavatory/toilet fixtures with modesty panels. They are: • Compliant with the American Disabilities Act. Small hold rooms (1 to 14 detainees) have at least one combi-unit. Large hold rooms (15 to 49 detainees) are provided with at least two combi-units. In SPCs and CDFs constructed after 1998 the hold room have floor drain(s). The walls of the hold rooms escape proof. The hold room ceilings are escape and tamper resistant. In SPCs and CDFs constructed after 1998 the door to the hold room swings outward the door complies with the specifications outlined in the standard. Individuals are not held in hold rooms for more than 12 hours. In SPGs, GDFs are family units, persons of advanced age (over 70), females with children, and unaccompanied juvenile detainees (under the age of 18) placed in hold rooms? Male and females are segregated from each other at all times. Every effort is made to ensure that detained detainees under the age of 18 are not held with adult detainees. Detainees are provided with basic personal hygiene items such as water, soap, toilet paper, cups for water, feminine hygiene items, diapers and wipes. In older facilities officers are within visual or audible range to allow detainees access to toilet facilities on a regular basis. In SPCs and CDFs Officers inspect all property, including parcels, suitcases, bags, bundles, boxes, before accepting the property. !8l 0 0 • • • ( 0 0 !8l 18I 0 0 !8l 0 0 18I 0 0 Remarks Although there are three small rooms originally used for detainees, these rooms are no longer used. They have been converted into clothing issue, temporary property storage. 18I 0 0 Very minor observation: Hold Room A has a sign on the door that states capacity of 15 but that room only has 1 toilet. 0 18I 0 Two of these rooms do not have drains. 18I 0 0 18I 0 0 0 !8l 0 0 0 18I 0 0 18I 0 0 !8l 18I 0 0 [gJ 0 0 0 [gJ 0 See Remarks Neither females nor juveniles are housed at EGC. No females are housed at ECC. No juveniles are housed at EGG. Property is not inventoried until later in processing, after detainee is accepted HOLD ROOMS IN DETENTION FACILITIES ( Policy: Hold rooms will be used only for temporary detention for detainees awaiting removal, transfer, EOIR hearings, medical treatment, intra-facility movement, or other processing into or out of the facility. Components Yes No NA All detainees are given a putdown search for weapons or contraband before beinQ placed in the room. For SPCs and CDFs, each detention facility maintains a detention log (manually or by computer) for each detainee placed in a hold cell. • The log includes the required information specified in the standard. In SPCs and CDFs officers provide a meal to any detainee detained more than six hours. Juveniles, babies and pregnant women have access to snacks, milk or juice? . • Meal are served to juveniles regardless of time in custody Officers closely supervise the detention hold rooms using direct supervision (Irregular visual monitoring.). • Hold rooms are irregularly monitored every 15 minutes. • Unusual behavior or complaints are noted. In SPCs and CDFs policy prevents an officer to enter an occupied detention hold room unless another officer is stationed outside the door. When the last detainee has been removed from the hold room, it is given a thorough inspection. • Cleaning. • Evidence of tampering with doors, locks, windows, grills, plumbing or electrical fixtures is reported to the shift supervisor for corrective action or repair. There is a written evacuation plan? • There is a designated officer to remove detainees from the hold rooms in case of fire and/or buildinQ evacuation. An appropriate emergency service is called immediately upon a determination that a medical emergency may exist. IZI D D ~ D D • ( IZI D D IZI 0 D ~ 0 0 0 ~ 0 ~ 0 0 IZI D 0 Remarks Meals are provided to the hold rooms during meal times, otherwise a bag lunch is available upon request during after hours. All four hold rooms are in direct visual contact of processing staff. Staff states that the areas are cleaned by workers once emptied but failed to specifically mention a security inspection after cleaning. ( Verification Sources: SOURCE Hold room logbook review Observation of hold rooms Review of facility policy and procedure for control and dis~osition of contraband Detainee and staff interviews o Acceptable 0 TIME 14:30 14:00 15:45 DATE 07/27 07/27 07/27 LOCATION ECC Admin Trailer ECC Intake - Hold Rooms ECC Admin Trailer 14:00 07/27 ECC Intake Standard Rating: Deficient rgJ Repeat Deficiency 0 At-Risk *Remarks: (Record significant facts, observations. other sources used, etc.) Staff in the processing area state they do not have any memory of anybody spending more than 12 hours in the hold rooms in the past two years; however, Hold Room logs show some detainees spending up to 17 hours in the holding area. Hold Room logs document that this is not typical but it is happening on small but regular occassions. It should be noted that some detainees spent as little as 17 minutes in the processing area. This reviewer would not otherwise find this standard particularly defiCient; however, this was an issue on the past review and should be continued to be improved upon. Log sheets do document that most of the detainees spent less than 12 hours in holding. Although under 12 hours is acceptable, logs show that detainees are frequently kept in holding for 8 to 12 hours before being transferred to Bravo West to await medical clearance to go to the general population barracks. ( It appears that progress has been made in this area since last review but logs reflect that the violations continue on a less frequent basis. b6, b7C Auditor's Signature I Date _7_--2 ,5>-G y ( KEY AND LOCK CONTROL (SECURITY, ACCOUNTABILITY AND MAINTENANCE) Policy It is the pOlicy of the INS Service to maintain an efficient system for the use, accountability and maintenance of all keys and locks. Components In SPCs and CDFs each facility has the position of Security Officer. If not • A staff member appointed the collateral duties of security officer. In SPCs and CDFs the security officer has a written position description. The security officer[s], or equivalent in IGSAs, has attended an approved locksmith-training program. The security officer, or equivalent in IGSAs, has responsibly for all admin istrative duties and responsibilities relating to keys, locks etc. The security officer, or equivalent in IGSAs, provides training to employees in key control. The security officer, or equivalent in IGSAs, maintains inventories of all keys, locks and locking devices. ( The security officer follows a preventive maintenance program and maintains all preventive maintenance documentation. Facility policies and procedures address the issue of compromised keys and locks. The security officer, or equivalent in IGSAs, develops policy and procedures to ensure safe combinations intearity. Only dead bolt or dead lock functions are used in detainee accessible areas. Non-authorized locks (as specified in the Detention Standardl are not used in detainee accessible areas. The facility does not use grand master kE~ying systems. All worn or discarded keys and locks cut up and properly disposed of . Padlocks and/or chains are not used on cell doors. The entrance/exit door locks to detainee living quarters, or areas with an occupant load of 50 or more people, conform to • Occupational Safety and Environmental Health Manual, Chapter 3 National Fire Protection Association Life Safety • Code 101. The operational keyboard sufficient to accommodate all the facility key rings including keys in use is located in a secure area. In SPCs/CDFs, is the key cabinet constructed so keys will not be visible except during issue. Procedures in place to ensure that key rings are: • Identifiable Numbers of keys on the ring are cited? • Keys cannot be removed from issued key rings Emergency keys are available for all areas of the facility. .. Yes No NA ~ D D ~ D 0 0 I8l D ~ D D ~ D D ~ D 0 ~ D 0 ~ D D ~ 0 D 0 I8l D ~ I8l D 0 -0 D D D D D ~ D D ~ D D ~ D 0 ~ D D [gI D 0 Remarks is the b6, b7C primary Security Officer Locksmithing only is through maintenance. Twice Annually ~ ~ See Remarks. A wall was built to hide keys from public view. All key rings ckecks had chits indicating the number of keys on the ring. b2High KEY AND LOCK CONTROL (SECURITY, ACCOUNTABILITY AND MAINTENANCE) ( Policy It is the policy of the INS Service to maintain an efficient system for the use, accountability and maintenance of all keys and locks. Components The facilities use a key accountability system. ( Authorization is necessary to issue any restricted key. Individual gun lockers are provided. • They are located in an area that permits constant officer observation. • In an area that does not allow detainee or public access. The facility has a key accountability policy and procedures to ensure key accountability. The keys are physically counted daily. In SPCs and CDFs the designated key control officer the only employee who is authorized to add or remove a key from a ring. In SPCs and CDFs the splitting of key rings into separate rings is authorized in writing and documented. All staff members are trained and held responsible for adhering to proper procedures for the handling of keys. • Issued keys are returned immediately in the event an employee inadvertently carries a key ring home. When a key or key ring is lost, misplaced, or not accounted for, the shift supervisor is immediately notified. • Detainees are not permitted to handle keys aSSigned to staff. • Yes No NA ~ ~ 0 0 0 0 ~ 0 0 ~ 0 0 Counted each shift at Control Alpha ~ 0 0 and must provide auth. to locksmith in written form. ~ 0 0 ~ 0 0 Remarks Verification Sources: A. B. A. B. C. rocedures. Detainee and staff interviews * [81 Acceptable D TIME 13:15 13:00 12:00 13:30 13:00 DATE 07/29/04 07/29/04 07/29/04 07/29/04 07/29/04 LOCATION ECC Control AI ha ECC Control AI ha EGG Maintenance Building EGC Admin Trailer ECC Control Alpha Standard Rating: Deficient 0 Repeat Deficiency 0 At-Risk *Remarks: (Record significant facts, observations, other sources used, etc.) There are no padlocks or chains on doors or gates that are used for egress or control of detainees but there are numerous padlocks within the perimeter on utility cages and fire extinguishers. b6, b7C Auditors Signature 1 Date 7-c,?-oj' / POPULATION COUNTS ! Policy: All detention facilities shall ensure around-the-clock accountability for all detainees. This requires that they conduct at least one formal count of the detainee population per shift, with additional formal and informal counts conducted as necessary. ( Components Yes No NA Staff conducts a formal count at least once each shift. Activities cease or are strictly controlled while a formal count is being conducted. Do certain operations continue during formal counts? Is a certain amount of movement tolerated during a formal count? Formal counts in all units take place simultaneously. In SPCs and CDFs at least two officers participate in the count in each area/unit. In SPCs and CDFs count procedures include sending a count slip to the control officer after each count. In SPCs and CDFs both officers conducting the count prepare and sign the count slip in indelible ink. Officers do not allow detainee ~articipation in the count. In SPCs and CDFs every area/unit conducts a recount whenever an incorrect count is reported. A face-to-photo count follows each unsuccessful recount. In SPCs and CDFs the two officers conducting the area/unit count switch p_ositions for the recount. Officers positively identify each detainee before counting him/her as present. Written procedures cover informal and emergency counts. • They followed during informal counts . • During emergencies . The control officer (or other designated position) maintains an out -count record of all detainees temporariJyleaving the facility. In SPCs and CDFs the facility train all officers to follow all requirements of INS' "Population Count Detention Standard". This training is documented in each officer's training folder. lZl lZl lZl lZl lZl !8J D D D D D D D D D D D D !8J D 0 !8J !8J r8j 0 D D D 0 0 r8j D D !8J 0 D [8J D D [8J D 0 [8J D D r8j 0 0 [8J 0 0 Remarks 6am,3pm,!!Qm,& 2am No transfers/movement No transfers/movement but workers may be out. Unless missing detainee is already identified. Only after unsuccessful counts. Located in Processing Unit for detainees outside of ECC. Verification Sources: Source Observation of facility counts Observation of escort procedures (whether out counts are maintained) Facility log books Written policy and procedures Time 15:30 15:30 Date 07/28 07/28 Location ECC Alpha North ECC Alpha North 15:45 16:00 07/28 07/28 ECC Alpha North ECC Admin Trailer Detainee and staff interviews* 15:45 07/28 EGC Alpha North ~ Acceptable 0 Standard Rating: Deficient 0 Repeat Deficiency 0 At-Risk *Remarks: (Record significant facts, observations, other sources used, etc.) Staff state that there is no transfers tolfrom barracks during counts until a/l detainees are accounted for. They state that it is typically 10 minutes from the beginning of count before they are notified to continue regular operations. An inaccurate count was not witnessed. b6, b7C ( ( ( POST ORDERS Policy: INS provides officers aU necessary guidance for carrying out their duties. This guidance includes the post orders established for every post, which are reviewed at least annually, and given to each officer upon assignment to that post. Components NA Remarks Yes No I [ ] [] Every Fixed post has a set of post orders. I2J Each set contains tlie latest inserts (emergency I2J 0 0 memoranda, etc.) and revisions. One individual or department is responsible for keeping aU post-orders current with revisions that take place I2J 0 0 between reviews. In SPCs and CDFs the CDEO's office or contract [gJ equivalent maintains a complete set (central file) of post 0 0 orders. [gJ In SPCs and CDFs the central file accessible to all staff. 0 0 The OIC or Contract ilGSA equivalent [gJ 0 0 initiate/authorizes all post-order changes. The OIC or Contract IIGSA equivalent has signed and Cover memo in each 0 P.O. I2J 0 dated the last pa~e of every section. folder. In SPCs and CDFs, the post orders contain the required Nicely kept and recently I2J D D updated. six sections. A review/updatinglreissuing of post orders occurs regularly. At a minimum, Annually. I2J D D • In SPCs and CDFs the facility follows written post-order review procedures. In SPCs and CDFs the OIC or Contract equivalent CIEA writes and reviews initiates the annual review by soliciting suggestions from P.O.'s then forwards [gJ affected staff. D D them to the OIC for approval. • Staff has sufficient notice to prepare and submit written suggestions by the due date In SPCs and CDFs the OIC or contract equivalent Historical files include HQ retains all written suggestions, whether accepted or memos and suggestions from staff but are not rejected, in a historical file. [gJ D D kept together in one file. The records are retained for two years. • Could be in one of two The historical file includes comments, if any, • places. from the reviewing official(s). Procedures keep post orders and logbooks secure from [gJ D D detainees at all times. In SPCs and CDFs emergency changes to post orders [gJ D 0 are made bymemorandum. In SPCs the post orders for armed posts provide b2High instructions for: [gJ D • Recognizing conditions when use of weapons is D authorized. • The care and safe handling of firearms. Every armed-post officer qualifies with the post d b2High D D I2J weapon(sl before assuminQ post duty. In SPCs armed-post post orders clearly state that if an d b2High official is taken hostage, he/she loses all authority [gJ D 0 normally associated with his/her position, regardless of rank or seniority. Armed-post post orders provide instructions for escape [gJ b2High 0 0 attempts. The post orders for housing units track the event r8l 0 D schedule. e· ( POST ORDERS Policy: INS provides officers aI/ necessary guidance for carrying out their duties. This guidance includes the post orders established for every post, which are reviewed at least annually, and given to each officer upon assignment to that post. Components Housing-unit post officers record all detainee activity in a log. The post order includes instructions on maintaining the logbook. In SPCs and CDFs the SDEO/contract supervisor visits each housing area and reviews the logbooks at least once J!er shift. Yes No NA [gj 0 0 I2$J 0 0 Remarks Verification Sources: SOURCE Post orders in use atQosts Master copy of post orders Documentation of firearms qualifications Housing unit logbooks Facility policy & procedures for post orders History file for each set ofpost orders Staff Jnterview(s) * I:2J Acceptable 0 10:00 10:30 DATE 07/27 07/28 10:00 10:30 10:30 15:30 07/27 07/28 07/28 07/27 TIME LOCATION ECC Barracks & SMU ECC Admin Trailer Not Available ECC Barracks ECC Admin Trailer ECC Admin Trailer ECCSMU Standard Rating: Deficient 0 Repeat Deficiency *Remarks: (Record significant facts, observations, other sources used, etc.) ( b6, b7C 0 At-Risk SECURITY INSPECTIONS Policy: Post assignments in the facility's high-risk areas, where special security procedures must be followed, will be restricted to experienced personnel with a thorough grounding in facility operations. No Components NA Yes Remarks The facility has a comprehensive security inspection policy. The policy specifies: • Posts to be inspected • Required inspection forms [8J 0 0 • Frequency of inspections Guidelines for checking security features Procedures for reporting weak spots, inconsistencies, and other areas needing improvement Every officer is required to conduct a security check of Results are not doc'd lZI D 0 unless his/her aSSigned area. The results are documented. somethin9_ wrong. Documentation of security inspections is kept on file. 0 0 lZI In SPCs and CDFs an officer been assigned responsibility b6, b7C Sec. Officer for ensuring the security inspection process covers all 0 0 lZI areas of the facility. Procedures ensure that recurring problems and a failure to take corrective action are reported to the appropriate 0 0 lZI manager. In SPCs and CDFs the front entrance has a sallyport-type 0 0 lZI entrance, with interlocking electronic doors or grilles. The front-entrance officer checks the ID of everyone This was def. last review[8J 0 0 - completely rectified. entering or exiting the facility. • • ( All visits officially recorded in a visitor logbook or electronically recorded. In SPCs and CDFs the Control Center maintain employee Personal Data Cards (Form G-74 or contract equivalent). The facility has a secure visitor pass system. Every Control Center officer receives specialized training. The Control Center is staffed around the clock. Policy restricts staff access to the Control Center. Detainees do not have access to the Control Center. Communications are centralized in the Control Center. In SPCs and CDFs the recall list includes the current home telephone number of each employee. Phone numbers are updated as needed. In SPCs and CDFs staff makes watch calls every half-hour between 6 PM and 6 AM. Officers monitor all vehicular traffic entering and leaving the facility. The facility maintains a log of all incoming and departing vehicles to sensitive areas of the facility. Each entry contains: • The driver's name • Company represented • Vehicle contents • Delivery date and time • Date and time out Vehicle license number Name of employee responsible for the vehicle during the facility visit • • lZI 0 0 [8J 0 0 lZI lZI 0 0 0 0 0 0 0 [8J D 0 0 [8J 0 f8] D 0 [8J lZI 18I [8J Control Alpha has for ICE,PHS. & Contractors [] 0 [] [] 0 On computer-Only contract supervisors have access. hourly, not every half hour See Remarks See Remarks [8J 0 0 i SECURITY INSPECTIONS Policy: Post assignments in the facility's high-risk areas, where special security procedures must be followed, will be restricted to experienced personnel with a thorough grounding in facility o:>erations. Components No Yes Remarks NA ( Officers thoroughly search each vehicle entering and leaving the facility. The facility has a written policy and procedures to prevent the introduction of contraband into the facility or any of its components. Tools being taken into the secure area of the facility are inventoried before entering and prior to departure. The SMU entrance has a sallyport. Written procedures govern searches of detainee housing units and personal areas. Housing area searches occur at irregular times. Every search of the SMU and other housing units documented. Storage and supply rooms; walls, light and plumbing fixtures, accesses, and drains, etc. undergo frequent, irregular searches. These searches are documented. Walls, fences, and exits, including exterior windows, are inspected for defects once each shift. Daily procedures include: • Perimeter alarm system tests. • Physical checks of the perimeter fence. • Documenting the results. In SPCs and CDFs the maintenance supervisor and CDEOI Chief of Security make monthly fence checks. Visitation areas receive frequent, irregular inspections. 0 J:8J 0 J:8J 0 0 J:8J 0 0 J:8J J:8J J:8J J:8J 0 0 0 0 0 0 J:8J 0 0 J:8J 0 0 J:8J 0 0 0 ~ J:8J 0 D 0 See Remarks [J 0 Each shift by contract supervisors ( Verification Sources: SOURCE Observing ins~ection procedures Observing procedures at front entrance Reviewing logbooks Facility's written policy and procedures Detainee and staff interviews TIME DATE 15:30 16:00 15:15 15:30 07/29/04 07/29/04 07/29/04 07/29/04 LOCATION Not Available Front Entrance ECC Contract Project Manager ECC Admin Trailer Throughout EGC Facility Standard Rating: r8J Acceptable D Deficient D Repeat Deficiency D At-Risk *Remarks: (Record significant facts, observations, other sources used, etc.) Facility deliveries are during first shift only. Swing shift and night shift document all vehicle entries into the salleyport area at Control Alpha (logs confirmed). These entries are presumably transport vehicles only and are directly related to transportation of detainees. Deliveries during first shift are documented at Gate 1 of the salley port by security staff stationed at that gate. Logs for day shift are kept at that location and are appropriate. There ar b2High b2 high ( -<;f/ b6, b7C Auditors Signature ( Date ( SPECIAL MANAGEMENT UNIT (SMU) Administrative Segregation Policy: The Special Management Unit required in every facility isolates certain detainees from. the general population. The Special Management Unit will consist of two sections. One, Administrative Segregation. houses detainees isolated for their own protection; the other for detainees being disciplined for wrongdoing (see the "Special Management Unit [Disciplinary Segregation]" standard). Components Yes No NA ~ 0 0 ~ 0 0 ~ D D • ~ D 0 • • ~ D 0 ~ 0 0 181 D 0 The Administrative Segregation unit provides non-punitive protection from the general population and individuals undergoing disciplinary segregation. • Detainees are placed in the SMU (administrative) in accordance with written criteria. In exigent circumstances, staff may place a detainee in the SMU (administrative) before a written order has been approved. A copy of the order given to the detainee within 24 hours. The ole (or equivalent) regularly reviews the status of detainees in administrative detention? • A supervisory officer conducts a review within 72 hours of the detainee's placement in the SMU (administrative). A supervisory officer conducts another review after the detainee has spent seven days in administrative segregation. • Every week thereafter for the first month. Every 30 days after the first month. Does each review include an interview with the • detainee. • Is a written record made of the decision and the justification. The detainee is given a copy of the decision and justification for each review. If not, why not? The detainee is given an opportunity to appeal the reviewer's decision to someone else in the facility. The ole (or equivalent) routinely notifies the Assistant District Director (or staff officer in charge of IGSAs), Detention and Deportation (ADDD), any time a detainee's stay in administrative detention exceeds 30 days. • Upon notification that the detainee's administrative segregation has exceeded 60 days, the ADDD forwards written notice to the Assistant Regional Director for DRO. The ole or equivalent) reviews the case of every detainee who objects to administrative segregation after 30 days in the SMU. • A written record is made of the decision and the justification. • The detainee receives a copy of this record. • ( Remarks SPECIAL MANAGEMENT UNIT (SMU) Administrative Segregation Policy: The Special Management Unit required in every facility isolates certain detainees from the general population. The Special Management Unit will consist of two sections. One, Administrative Segregation, houses detainees isolated for their own protection; the other for detainees being disciplined for wrongdoing (see the "Special Management Unit [Disciplinary Segregation]" standard). Components The detainee is given the right to appeal to the ole (or equivalent) the conclusions and recommendations of any review conducted after the detainee has remained in administrative segregation for seven consecutive days. Administratively segregated detainees enjoy the same general privileges as detainees in the general population. The SMU well ventilated. • Adequately lighted. • Appropriately heated. • Maintained in a sanitary condition. All cells are equipped with beds. • Every bed securely fastened to the floor or wall. The number of detainees in any cell does not exceed the occupancy limit. Does the ole approve excess occupancy on a case-by-case basis? When occupancy exceeds recommended • capacity, do basic living standards decline? • Do criteria for objectively assessing living standards exist? • If yes, are the criteria included in the written procedures? The segregated detainees do not have fewer opportunities to exchange/launder clothing, bedding, and linen than detainees in the general population. Detainees receive three nutritious meals per day. From the general population's menu of the day. Do detainees eat only with disposable utensils. Is food ever used as punishment. Each detainee maintains a normal level of personal hygiene in the SMU. The detainees have the opportunity to shower and shave at least three times a week. • If not, explain. The detainees are provided: Barbering services. Recreation privileges in accordance with the "Detainee Recreation" standard. • Non-legal reading material. • Religious material. • The same correspondence privileges as detainees in the general population. • Telephone access similar to that of the general population. • Personal legal material. Yes No NA l2l 0 0 [g] 0 0 l2l 0 0 [g] 0 0 Staff staes that they have double bunked in the SMU but it is very rare. • ( • • • • Remarks [g] 0 0 [g] 0 D [g] 0 0 [g] 0 0 l2l D 0 • • Staff state that due to heat & humidity they offer detainees a chance to shower daily. SPECIAL MANAGEMENT UNIT (SMU) Administrative Segregation ( Policy: The Special Management Unit required in every facility isolates certain detainees from the general population. The Special Management Unit will consist of two sections. One, Administrative Segregation, houses detainees isolated for their own protection; the other for detainees being disciplined for wrongdoing (see the "Special Management Unit [Disciplinary Segregation]" standard). Components A health care professional visits every detainee at least three times a week. • The shift supervisor visits each detainee daily. • Weekends and holidays. Procedures comply with the "Visitation" standard. • The detainee retains visiting privileges. • The visiting room available during normal visitill9 hours. Visits from clerQV are allowed. Detainees do not have have less law-library access than the general population. • Are they required to use the law library separately, as a group? If so: L~gal materials brought to them. The SMU maintains a permanent log. • Detainee-related activity, e.g., meals served, recreation, visitors etc. SPC procedures include completing the SMU Housing Record (1-888) immediately upon a detainee's placement in the SMU. Staff completes the form at the end of each shift. • CDFs and IGSA facilities use Form 1-888 (or local equivalent). Does staff record whether the detainee ate, showered, exercised and took any medication during every shift? • Does the log record all pertinent information, e.g., a medical condition, suicidal/assaultive behavior, etc.? • Does the medical officer/health care professional Sign each individual's record during each visit? • Does the housing officer initial the record when all detainee services are completed or at the end of the shift? A new record is created for each week the detainee is in Administrative Segregation. • These weekly records are retained in the SMU until the detainee's return to the general Yes No NA !25l 0 0 !25l 0 0 !25l [J 0 ~ 0 0 [gJ 0 0 ~ 0 0 !25l 0 0 !25l 0 0 • ( • ~opulation. ( Remarks Medical staff visits daily. Logs are available in the SMU. Verification Sources: SOURCE SMU Observation SMU logs Review of the facility's Administrative Segregation polic:y_and Qrocedures Detainee and staff interviews *Other !;gI Acceptable 0 TIME 15:30 15:30 11:00 DATE 07/27 07/27 07/27 LOCATION ECC SMU ECC SMU ECC Admin Trailer 15:00 07/27 ECC SMU Standard Rating: Deficient 0 Repeat Deficiency 0 At-Risk *Remarks: (Record significant facts, observations, other sources used, etc.) Contract detention staff were interviewed. They state that they prefer to treat detainees in the SMU (admin or disciplanary) with respect as it begets respect. Three detainees were interviewed en route to the law library from the SMU and they all stated that the SMU staff are excellent about getting them their programming (law library, ree, etc). b6, b7C Auditor's Signature I Date ( "C)r SPECIAL MANAGEMENT UNIT (Disciplinary Segregation) Policy: Each facility will establish a Special Management Unit in which to isolate certain detainees from the general population. The Special Management Unit will have two sections, one for detainees in Administrative Segregation; the other for detainees being segregated for disciplinary reasons. Components Yes No NA Officers placing detainees in disciplinary segregation follow written procedures. The sanctions for violations committed during one incident do not exceed 60 d"!Ys. Disciplinary Segregation Order completed A accompanies the detainee into the SMU? The detainee receives a copy of the order within 24 hours of placement in disciplinary segregation. Standard procedures include reviewing the cases of individual detainees housed in disciplinary detention at set intervals. • Who conducts the review? • What is reviewed? How is the review documented? Does the reviewer interview the detainee? • Can the reviewing officer recommend an early release from the SMU? ~ D 0 ~ D D ~ 0 D • • • ( • If yes, under what circumstances? • After each formal review, does the detainee receive a written copy of the decision and reason(s) for it? The conditions of confinement in the SMU are proportional to the amount of control necessary to protect detainees and staff. Detainees in disciplinary segregation have fewer privileges than those housed in administrative segregation. Living conditions in disciplinary SMUs modified to reinforce acceptable behavior. If yes, does staff prepare written documentation for this action. • Does the OIC sign to indicate approval. Every detainee in disciplinary segregation receives the same humane treatment, regardless of offense. The quarters used for segregation are: • Well-ventilated. • Adequately lighted. • Appropriately heated. • Maintained in a sanitary condition. • All cells are equipped with beds. • The beds securely fastened to the floor or wall of the cell. ( Remarks What is reviewed? 1) Abides by all rules and regulations and 2) provided showers, meals, rec, and other basic living standards. ~ D D ~ D D I2?J D 0 The SDEO may authorize early release from the SMU if it is no longer necessary to control behavior. Per policy. Living conditions (heat, alc, lighting, meals, etc) D I:8J D I:8J D 0 [gJ D D ~ D D are not altered/modified in anyway. SPECIAL MANAGEMENT UNIT (Disciplinary Segregation) ( Policy: Each facility will establish a Special Management Unit in which to isolate certain detainees from the general population. The Special Management Unit will have two sections, one for detainees in Administrative Segregation; the other for detainees being segregated for disciplinary reasons. Components The number of detainees confined to each cell or room does not exceed the number for which the space was designate. • Does the OIC approve excess occupancy on a temporary basis. ( Is a dry cell part of the disciplinary SMU? When a detainee is segregated without clothing, mattress, blanket, or pillow, a justification is made and the decision is reviewed each shift. Items are returned as soon as it is safe. Detainees in the SMU have the same opportunities to exchange clothill9, bedding, etc., as other detainees. Detainees in the SMU receive three nutritious meals/days. • Selected from the Food Service's menu of the day. • Food is not used as punishment. Detainees are allowed to maintain a normal level of personal hygiene. including the opportunity to shower and shave at least three times/week. The detainees receive, unless documented as a threat to secu rity: • Barbering services. • Recreation privileges. • Other-than-Iegal reading material. • Religious material. The same correspondence privileges as other detainees. • Personal legal material. When phone access is limited by number or type of calls, limits do not apply to the following: • Calls about the detainee's immigration case or other legal matters. • Calls to consular/embassy officials. • Calls during family emergenCies (as determined by the OIClWarden). A health care professional visits every detainee in disciplinary segregation every day, Monday through Friday. • The shift supervisor visit each segregated detainee daily • Weekends and holidays. SMU detainees are allowed visitors, in accordance with the "Visitation" standard. SMU detainees receive legal visits, as provided in the "Visitation" standard. • Legal service providers notified of security concerns arising before a visit. Yes No NA ~ 0 0 0 ~ 0 ~ 0 0 ~ 0 0 [gJ 0 0 [gJ 0 0 ~ 0 0 [gJ 0 0 Remarks The OIC may authorize if other living conditions may be maintained; however, at time of review the SMU was not full. See remarks Showers are offered daily. • ~ 0 D ~ 0 0 [gJ D D Logs are available in the SMU and in the medical unit documenting the visits. SPECIAL MANAGEMENT UNIT (Disciplinary Segregation) ( Policy: Each facility will establish a Special Management Unit in which to isolate certain detainees from the general population. The Special Management Unit will have two sections, one for detainees in Administrative Segregation; the other for detainees being segregated for disciplinary reasons. Components Visits from clergy are allowed. • The clergy member given the option of visiting/not visiting the segregated detainee. • Violent/uncooperative detainees denied access to religious services when safety and security would otherwise be affected. SMU detainees have law library access. • Violent/uncooperative detainees retain access to the law library unless adjudicated a security threat in writing. Legal material brought to individuals in the • SMU on a case-by-case basic. Staff documents every incident of denied access to the law library. All detainee-related activities are documented, e.g., meals served, recreation activities, visitors, etc. Is the SPC's, the Special Management Housing Unit Record (1-888) is prepared as soon as the detainee is placed in the SMU. • All 1-888s filled out by the end of each shift • The CDFIIGSA facility use Form 1-888 (or equivalent local form). SMU staff records whether the detainee ate, showered, exercised, took medication, etc. • Details about the detainee logged, e.g., a medical condition, suicidal/violent behavior, etc. • The health care official sign individual records after each visit. • The housing officer initials the record when all detainee services are completed or at the end of the shift. • A new record is created weekly for each detainee in the SMU. The SMU retains these records until the • detainee leaves the SMU. Yes No NA ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 • ( • Remarks Verification Sources: SOURCE Detainee Detention Files SMU Logs Facility Policy and Procedures Detainee and staff interviews Observations of SMU TIME 09:30 15:00 11 :00 15:00 15:30 DATE 07128 07127 07/27 07/27 07127 LOCATION ECC Intake - Detention Files ECC SMU ECC Admin Trailer ECC SMU ECCSMU Standard Rating: Deficient D Repeat Deficiency IZJ Acceptable 0 D At-Risk *Remarks: (Record significant facts, obseNations, other sources used, etc.) There is a dry cell with rubber walls located within the SMU building but, per policy, it is considered a part of the medical unit. Detainees are not housed in that room without medical authorization. Staff was unaware of the policy stating it was part of the medical unit but they did confirm that anybody that goes into that room comes from the medical unit. b6, b7C Auditor's Signature I Date ( ( '. ~ -." 0:;;. -2. ~ -<J 'Y ( TOOL CONTROL Policy: It is the policy of all facilities that all employees shall be responsible for complying with the tool control policy. The Maintenance Supervisor shall maintain a computer generated or typewritten Master Inventory list of tools and equipment and the location in which tools are stored. These inventories shall be current, filed and readily available for tool inventory and accountability during an audit. Components There is an individual who is responsible for developing a tool control procedure and an Inspection system to insure accountability. Department heads are responsible for implementing this standard in their departments. Tool inventories are required for: Maintenance Department Medial Department Food Service Department Electronics Shop Recreation Department Armory The facility has a facility policy for the regular inventory of all tools. • The policy sets minimum time lines for physical inventory and all necessary documentation. • INS facilities use AMIS bar code labels when required. Yes No NA [gj D D [gj D D [gj D D [gj D D [gj D D Remarks • '•. • • • ( In SPCs and CDFs, the tool inventories are conducted as specified in the detention standard. The facility has a tool classification system. In SPCs and CDFs tools classified according to: • Restricted (dangerous/hazardous) • [gj 0 D [gj D D Non Restricted (non-hazardous). Department heads are responsible for implementing tool-control procedures. In SPCs and CDFs they are required to: • Prepare a computer-generated inventory of all class "R" tools. Post a copy of the class "R" tool inventory with the equipment, in a prominent position. • Post a copy of the class "R" tool inventory with the equipment, in a prominent position. • Submit a second copy of the inventory to the CDEO. • Repeat the class "R" tool inventory on a regular schedule (at least weekly, monthly, or quarterly), as follows: • Food service department-weekly Maintenance department medical facility-monthly • Electronics work area, recreation area(s), and armory-quarterly. Send a copy of inventory report to the OIC. • Report missing tools in accordance with • procedures in the standard. (see section 1I1.H., below). • • All tools are classified as restricted. None are considered NonRestricted. TOOL CONTROL / ( Policy: It is the policy of all facilities that all employees shall be responsible for complying with the tool control policy. The Maintenance Supervisor shall maintain a computer generated or typewritten Master Inventory list of tools and equipment and the location in which tools are stored. These inventories shall be current, filed and readily available for tool inventory and accountability during an audit. Components ; The facility has policies and procedures in place to ensure that all tools are marked and readily identifiable. The facility has an approved tool storage system. The system ensures that all stored tools are accountable. Commonly used tools (tools that can be • mounted) are stored in such a way that missing tool are readily notice. Each facility has procedures for the issuance of tools to staff and detainees. In SPCs and CDFs: • Restricted tools are issued only to the individual who will be using it. • Detainees are not permitted to use non-restricted tools except under supervision. A metal or plastic chit receipt used to sign out • tools. • The ole has established site-specific procedures for the control of ladders, extension cords, and ropes. The CD EO or contract equivalent approves the • issuance of tools to a specified project for extended periods. The facility has policies and procedures to address the issue of lost tools. The policy and procedures include: • Verbal and written notification. • Procedures for detainee access. • Necessary documentationlreview for all incidents of lost tools. Broken or worn out tools are surveyed and disposed of in an ap~ropriate and secure manner. All private or contract repairs and maintenance workers under contract to the INS, or other visitors, submit an inventory of all tools prior to admittance into or departure from the facility. Yes No .NA ~ 0 0 • ( ( ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 Remarks Facility uses a red outlined shape of tool and a chit system to identify tools' locations. Recycled with service provider as needed. ( Verification Sources: SOURCE Tool inventories Review of facility policy and procedure Housing unit log books Observation of tool issuance Detainee and staff interviews" IZI Acceptable 0 TIME DATE 12:15 11:45 15:00 12:00 11 :45 07/29 07/29 07/28 07/29 07/29 LOCATION ECC Maintenance Building (Tool Rm) ECC Admin Trailer ECC Alpha North ECC Maintenance Building (Tool Rml ECC Admin Trailer Standard Rating: Deficient Repeat Deficiency 0 "Remarks: (Record significant facts, observations, other sources used, etc.) Auditor's Signature I Date ( ( /',-? r-Gy 0 At-Risk ( TRANSPORTATION (Land Transportation) Policy The Immigration and Naturalization Service will take all necessary precautions to protect the lives, safety, and welfare of our officers, the general public, and those in INS custody during the transportation of Standards have been established for professional transportation under the supervision of I detainees. i experienced and trained Detention Enforcement Officers or authorized contract personnel. Components Transporting officers comply with applicable local, state, and federal motor vehicle laws and regulations. Records support this finding of compliance. Every transporting officer required to drive a commercial size bus has a valid Commercial Driver's License (COL) issued by the state of employment. Supervisors maintain records for each vehicle operator. Officers use a checklist during every vehicle inspection. Officers report deficiencies affecting operability. • Deficiencies are corrected before the vehicle Roes back into service. Transporting officers: • Limit driving time to 10 hours in any 15-hour period. • Drive only after eight consecutive off-duty hours. • Do not receive transportation assignments after having been on duty, in any capacity, for 15 hours. • Drive a 50-hour maximum in a given work week; a 70-hour maximum during eight consecutive days. During emergency conditions (including bad • weather), officers may drive as long as necessary and safe to reach a safe area-exceedinQ the 1O-hour limit. Two officers with valid CDLs required in any bus transporting detainees. • When buses travel in tandem with detainees, there two qualified officers per vehicle. • An unaccompanied driver transports an empty vehicle. Before the start of each detail, the vehicle is thoroughly searched. Positive identification of all detainees being transported is confirmed. All detainees are searched immediately prior to boarding the vehide by staff controlling the bus or vehicle. The facility ensures that the number of detainees transported does not exceed the vehicles manufacturers occup_ancy level. Protective vests are provided to all transporting officers. The vehicle crew conducts a visual count once all passengers are on board and seated. • Additional visual counts are made whenever the vehicle makes a scheduled or unscheduled stop. Policies and procedures are in place addressing the use of restraining equipment on transportation vehicles. • ( Yes No NA ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 Remarks In the SIEA Bldg. All per ECC SOP's ~ 0 0 ~ 0 0 ~ 0 0 [gI 0 0 ~ 0 0 [gI 0 0 [gI 0 0 Long range busses are always available if they can't fit into van. Per lEA staff--not actually witnessed. ~ 0 0 t8J 0 0 TRANSPORTATION (Land Transportation) ( Policy The Immigration and Naturalization Service will take all necessary precautions to protect the lives, safety, and welfare of our officers, the general public, and those in INS custody during the transportation of detainees. Standards have been established for professional transportation under the supervision of experienced and trained Detention Enforcement Officers or authorized contract personnel. Components Officers ensure that no one contacts the detainees. One officer remains in the vehicle at all times when detainees are present. Meals are provided during long distance transfers. • The meals meet the minimum dietary standards, as identified by dieticians utilized by the Service. The vehicle crew inspects all Food Service pickups before accepting delivery (food wrapping, portions, quality, quantity, thermos-transport containers, etc.). • Before accepting the meals, the vehicle crew raises and resolves questions, concerns, or Service with Food discrepancies the representative. latrines, drinking-water and • Basins, containers/dispensers are cleaned and sanitized on a fixed schedule. INS Vehicles have: Two-way radios. Cellular telephones. • Equipment boxes stocked in accordance with the Use of Force Standard. The vehicles are clean and sanitary at all times. Personal property of a detainee transferring to another facility: • Is inventoried. • Is inspected. • Accompanies the detainee. The following contingencies are included in the written procedures for vehicle crews: • Attack • Escape • Hostage-taking • Detainee sickness • Detainee death • Vehicle fire • Riot • Traffic accident • Mechanical problems • Natural disasters • Severe weather • Passenger list is not exclusively men or women or minors • • • ( No NA 1ZI 0 0 1ZI 0 D 1ZI 0 0 Yes 0 IZJ 0 IZJ 0 0 Remarks Box lunches & water provided for trips over 4 hours. No equipment boxes in vans. Flares were in vans but there were no blankets. & recorded on the 1-216 IZJ 0 0 per policy women & children to ride in another vehicle if trip is >6 hours & they are to sit in the front of the vehicle. IZJ 0 0 ( Verification Sources: SOURCE Observing transportation activities Traveling with vehicle crew Observing search procedures Observing restraining procedures Facil~s written policy and procedures Detainee and staff interviews· t8J Acceptable 0 TIME 09:00 DATE 07/29 09:15 07129 15:00 08:30 07/28 07/29 LOCATION ECC Processing (Detention Vans) Not Available ECC Salley Port Not Available ECC Admin Trailer ECC Processing Standard Rating: Deficient D Repeat Deficiency 0 At-Risk *Remarks: (Record Significant facts, obseNations, other sources used, etc.) Staff states that detainees could be in leg irons or handcuffed to each other. The transporting officer would decide at what level of security to operate. b6, b7C ( ( '. 7-2?,-<lY • ( USE OF FORCE Policy: The U.S. Immigration & Naturalization Service authorizes the use of force only as a last alternative after all other reasonable efforts to resolve a situation have failed. Only that amount of force necessary to gain control of the detainee, to protect and ensure the safety of detainees, staff and others, to prevent serious property damage and to ensure institution security and good order may be used. Physical restraints necessary to gain control of a detainee who appears to be dangerous may be employed when the detainee: Components Written policy authorizes staff to respond in an immediate-use-of-force situation without a supervisor's presence or direction. When the detainee is in an area that is or can be isolated (e.g., a locked cell, a range), posing no direct threat to the detainee or others, officers must try to resolve the situation without resorting to force. Written policy asserts that calculated rather than immediate use of force is feasible in most cases. ( The facility subscribes to the prescribed Confrontation Avoidance Procedures. • Ranking detention official, health professional, and others confer before every calculated use offorce. When a detainee must be forcibly moved and/or restrained and there is time for a calculated use of force, staff uses the Use-of-Force Team Technique. • Under staff supervision. • In SPCs and CDFs a Physician's Assistant is present prior to and during the Use-ofForce Team Technique to observe and immediately treat any injuries. Staff members are trained in the performance of the Use-of-Force Team Technique. All use-of-force incidents are documented and reviewed. In SPCs and CDFs the calculated-use-of-force video sequentially presents the following: • Team Leader's introduction • Face of each team member (without helmet), identified by name and title Team Leader offering detainee a last • chance to comply, and explaining the useof-force results of noncompliance Unedited coverage of the operation, from the use-of-force order to the end • Medical staff examining the detainee in restraints, with close-ups recording the presence or absence of injuries on the detainee's body • Staff injuries, with oral description(s) All videotapes of use-of-force incidents catalogued and preserved for at least 2-1/2 years after last documented use. • The videotapes available for incident review . • ( Yes No NA ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D d ~ ~ ~ D D Remarks D D D Policy is appropriate but staff and the OIC state that no significant incidents have been video'd for several years. Unable to confirm the SOP is being followed as there is no incidents to compare to. OIC states that he had some video from several years ago but sent it out to warehouse storage. • ( USE OF FORCE Policy: The U.S. Immigration & Naturalization Service authorizes the use of force only as a last alternative after all other reasonable efforts to resolve a situation have failed. Only that amount of force necessary to gain control of the detainee, to protect and ensure the safety of detainees, staff and others, to prevent serious property damage and to ensure institution security and good order may be used. Physical restraints necessary to gain control of a detainee who appears to be dangerous may be employed when the detainee: Components Yes No NA ~ D D ~ D D ~ D D ~ D D ~ D D Remarks Staff: • Does not use force as punishment. Attempts to gain the detainee's voluntary cooperation before resorting to force • Uses only as much force as necessary to control the detainee. • Uses restraints only when other nonconfrontationa I means, including verbal persuasion, have failed or are impractical. Medication may only be used for restraint purposes when authorized by the Medical Authority as medically necessary. SPCs and CDFs use INS-authorized restraint equipment. Use-of-Force Team follow written procedures that attempt to prevent injury and exposure to communicable disease(s). In SPCs and CDFs the OIC contacts higher command before restraining a detainee beyond eight hours. Standard procedures associated with using four-point restraints include: • Soft restraints (e.g., vinyl) • Dressing the detainee appropriately for the temperature. A bed, mattress, and blanket/sheet. Checking the detainee at least every 15 minutes. • Logging each check. • Turning the bed-restrained detainee often enough to prevent soreness or stiffness. • Medical evaluation of the restrained detainee twice per eight-hour shift. • When qualified medical staff is not immediately available, staff positions the detainee "face-up". The shift supervisor monitors the detainee's position/condition every two hours. • He/she allows the detainee to use the rest room at these times under safeguards. All detainee checks are logged. In immediate-use-of-force situations, staff contacts medical staff once the detainee is under control. When the OIC authorizes use of non-lethal weapons: • Medical staff is consulted before staff use pepper spray/non-lethal weapons. Medical staff reviews the detainee's medical • file before use of a non-lethal weapon is authorized. • • • ( ~ D 0 ~ D 0 ~ D D D D ~ 0 ~ D See remarks. Policy & SOP exist for the use of soft restraints but staff states that they are not used in ECC anymore. Staff could not identify where such equipment was even located in the facility. Policy was appropriate but apperantly not applicable as ECC no longer used this type of restraint. No spray is used in the facility. lEA's carry colapsable steele batons & do not require medical review prior to use. USE OF FORCE ( Policy: The U.S. Imm igration & Naturalization Service authorizes the use of force only as a last alternative after all other reasonable efforts to resolve a situation have failed. Only that amount of force necessary to gain control of the detainee, to protect and ensure the safety of detainees, staff and others, to prevent serious property damage and to ensure institution security and goOd order may be used. Physical restraints necessary to gain control of a detainee who appears to be dangerous may be employed when the detainee: Components Special precautions are taken when restraining pregnant detainees. Medical personnel are consulted Protective gear is worn when restraining detainees with open cuts or wounds. Staff documents every use of force and/or non-routine application of restraints. It standard practice to review any use of force and the non-routine application of restraints. In spes and GDFs After-Action Review Teams rev-iew the videotape for the following: • Professionalism • Use of Force Team's protective gear • Appropriate/excessive use of force Proper application of restraints Time needed to restrain the detainee • Removal of protective gear before entering • the cell or area • Prompt medical examination of the detainee after the move • Proper use of chemical agents or pepper mace • Opportunity for detainee to submit voluntarily to the placing of restraints before the team enters the cell Derogatory, demeaning, taunting, or other inappropriate language between team members and the detainee. or between team members and individuals outside the cellar area In spes and CDFs the After-Action ReviewReport is completed within two working days of the detainee's release from restraints. If the reviewers decide the matter requires further investigation, the Office of Internal Affairs, the Office of the Inspector General, and/or the FBI are notified. All officers receive training in self-defense, confrontation-avoidance techniques and the use of force to control detainees. Specialized training is given Officers are certified in all devices they use. The officers are thoroughly trained in the use of soft and hard restraints. In spes is the Use of Force form is used. In other facilities this form or its equivalent is used. • Yes No NA 0 0 rzJ [8] 0 0 [8] 0 0 [8] 0 0 No females at EGG. Policy is appropriate but staff and the ole state that no significant incidents have been video'd for several years. Unable to confirm the SOP is being followed as there is no incidents to compare to. • ( rzJ D 0 rzJ D 0 rzJ 0 0 rzJ 0 D rzJ D D [8] D 0 • • • ( Remarks ( Verification Sources: SOURCE Facility policy and procedure for Use of Force Use of Force log and forms Observation of Use of Force (actual or simulated) Detainee and staff interviews IZI Acceptable 0 TIME 11:30 07/28 DATE LOCATION ECC Admin Trailer 11:30 07/28 Unable to locate Use of Force lo~_. Not Available 11:30 07/28 ECC Admin Trailer Standard Rating: Deficient 0 Repeat Deficiency 0 At·Risk *Remarks: (Record significant facts, observations, other sources used, etc.) If behavior cannot be controlled after 8 hours of being restrained then the OIC would seek assistance from the medical unit to seek placement in another more appropriate facility. b6, b7C ( -C)r ( • STAFF DETAINEE COMMUNICATIONS Policy: Procedures must be in place to allow for formal and informal contact between key facility staff and ICE staff and ICE detainee and to permit detainees to make written requests to ICE staff and receive an answer in an acceptable time frame. Components The ICE Field Office Director ensures that weekly announced and unannounced visits occur at the IGSA. Detention and Deportation Staff conduct scheduled weekly visits with detainees held in the IGSA. Scheduled visits are ~osted in ICE detainee areas. Visiting staff observe and note current climate and conditions of confinement at each IGSA. ICE information request Forms are available at the IGSA for use by ICE detainees. The IGSA treats detainee correspondence to ICE staff as Special Correspondence. ICE staff respond to a detainee request from an IGSA within 72 hours. ICE detainees are notified ion writing upon admission to the facility of their right to correspond with ICE staff regarding their case or conditions of confinement. Yes No NA ~ 0 0 ~ 0 [J ~ 0 0 0 0 0 ~ ~ 0 0 0 0 ~ 0 ~ 0 ~ Remarks DO's witnessed speaking to detainees on 07/27104. 0 Not an IGSA facility. Not an IGSA facility. Standard is explained on orientation video but is not provided in writing. Staff Detainee Communications - Rating ( When rated below Acceptable, facilities must attach a Plan of Action for bringing operations into compliance. For each element found out of compliance, the plan of action will specify remedial action and the estimated timetable for compliance. Standard Rating: ~ Acceptable o Deficient OAt-Risk o Repeat Finding *Remarks: (Record significant facts, observations. other sources used, etc.) b6, b7C Auditor's Signature 1 Date 7- 2 .7'"-<)" u.s. Department of Homeland Security U.S. Immigration and Customs Enforcement HQDRO 50/10.8 Office ofthe Director 425 I Street NW Washington, DC 20536 MEMORANDUMFOR b6, b7C OFFICER-IN-CHARGE CESSING CENTER FROM: SUBJECT: ( b6, b7C Detention Review Notification The Headquarters Office of Detention and Removal intends to perform a review of your facility on January 27. This review will be performed under the supervision of Headquarters staff. The review is expected to conclude on or about January 29. The Review Team will conduct a complete closeout and share the preliminary findings ot the review at that time. In preparation for this inspection, you are requested to provide working space for the review team. ·Additionally, a master copy of the facility's Policies and Procedures, Post Orders, and Emergency Plans should be available to the review team during the review. The Reviewer-inCharge (RIC) may request additional materials during or prior to the scheduled review. The designated RIC for your review is . Should your staff have any questions b6, b7C regarding this review, please have them contac , Deputy Assistant b6, b7C Director, Detention Management Division, at (202) 616 b2 high CC: Ronald J. Smith, Acting Field Director, San Diego El Centro Service Processing Center Deputy Assistant Director, Field Operations Division CC: b2High, (b)(6), (b)(7)c ( - - - - - - - - - - - - - - - - - - - - - - - - - - _. ----- ..------. . - _.s. Department of Homelaod Security 425 I St. NW W lIshington, D.C. 20536 U.s. Immigration and Customs Enforcement Int~roffice MelTIOrandum To: Anthony S. Tangeman, Director, Detention and Removal Operations b6, b7C Fr b6, b7C er-In-Charge, HQDROIDODIFMTB Date: February 5, 2004 Re: EI Centro Service Processing Center Review Summary Report ( The Detention Operations Division (DOD) performed a review of the El Centro Service nter (SPC) on January 27-29. This review was performed under the supervision of b6, b7C , Reviewer-In-Charge (RIC) with team members, t and b6, b7C b6, b7C b6, b7C The San Diego Field Office last performed a self-assessment of the facility on November 19,2003. Type of Review: This review is a scheduled Headquarters Review and was conducted to determine overall compliance with the ICE Detention standards. Review Summary: The El Centro SPC is not accredited by the American Correctional Association (ACA). The facility is accredited by the National Commission on Correctional Health Care and the Joint Accreditation Commission for Healthcare. The following information summarizes those standards not in compliance. Each standard is identified and a short summary provided regarding standards or procedures not currently in compliance. ( www.ice.gov ( Memorandum for Anthony S. Tangeman Subject: El Centro Service Processing Center Review Summary Report Page 2 • 2004 Review 2003 Review Acceptable - 33 Compliant - 31 2 Deficient Repeat Deficiency - 2 0 At-Risk - Deficient Repeat Deficiency At-RiskNot Applicable - 4 O 1 0 Classification - Repeat Deficiencv: • • • The facility does not conduct reclassification reassessments between 45 and 60 days after arrival and subsequent reassessments every 60 to 90 days. The detainee handbook does not address the different levels of classification. The facility does not classify all detainees based on information received at intake. Classification has been a repeat deficiency at the facility for the past three years. Many detainees were not reclassified within 90 days as required. Detainees received at the facility with little or no documentation are automatically classified as Level 2. The facility has not trained employees to request the appropriate information to properly classify detainees. ( Hold Rooms - Repeat Deficieney: • • • Bunk beds are located in the Holding Rooms. Detainees are held in Hold Rooms for more than 12 hours. There is not a written evacuation plan that addresses removing detainees from Hold Rooms in case of fire and/or building evacuation. Hold Rooms have been a repeat deficiency at the facility for the past two years. The processing area Hold Room logs document that detainees are being held past the permitted 12 hours. The auditors were told the reason for the delay was due to the fact that the x-ray machine was broken. It was later verified that the x-ray machine was only inoperable from 1125 - 1/27. A further log review documented that holding detainees over 12 hours is a common practice at the facility. The average time detainees were kept in the Hold Rooms were between 14 -16 hours. Several detainees had remained in the Hold Room for approximately 24 hours. Detainees from general population awaiting court appearances are placed with detainees who have not been medically screened. ( 1\, Memorandum for Anthony S. Tangeman . Subject: EI Centro Service Processing Center Review Summary Report Page 3 ( Securitv Inspections - Deficient: • • The front entrance officer does not check the ID of everyone entering or exiting the facility (employee or visitor). The facility does not maintain a log of all incoming and departing vehicles to sensitive areas of the facility. Entrance officers at the facility did not request government issued photo ID from employees. The AKAL officer post orders mandate that the officers physically check the ill of every employee and visitor entering the facility. This practice was observed to be violated on several occasions during the three-day inspection. An officer was observed permitting a visitor to enter the facility prior to checking her ID. Names of various individuals were incorrect in the logbook. Bags and briefcases are not properly searched when entering the facility. The x-ray machine is out of order and a maintenance request could not be located. StaffDetainee Communications - Deficient: • ( • Detention and Deportation Staff do not conduct scheduled weekly visits with detainees held in the SPC. ICE information request forms are not available at the SPC for use by ICE detainees. Detainees and staff both reported that this standard is deficient. Recently, the Supervisory Deportation Officer has created a new visitation list that is posted in all detainee living areas. The schedule began in January and iffollowed., will provide detainees weekly access to Deportation Officers. The staftldetainee communication should be documented and request forms filed to ensure follow-up. RIC Issues and Concerns: • Infection Control: (At-Risk) Detainees who have completed their tuberculosis (TB) test and have been cleared are being placed in holding cells with new arrivals that have not been TB screened. This high-risk practice places detainees in an environment where prolonged close contact with non-TB screened persons could lead to a potential, unnecessary exposure and spread of the disease. • Key and Lock Control: (Advisory) Two padlocks were discovered on one of two doors on the detainee holding cell, which would prevent detainees from immediately exiting in the event of a fire. The National Detention Standards mandate that padlocks andlor chains are not to be used on cell doors. ( e Page 4 Memorandum for Anthony S. Tangeman ( Subject: EI Centro Service Processing Center Review Summary Report , RIC Issues and Concerns: (Continued) • Collapsible Steel Batons: (Advisory) Collapsible steel batons are carried by officers inside the facility. Officer-In-Charge (OIC) cited a memo from the San Diego District Director in 1999 permitting this b6, b7C practice. However, the memo presented did not address this issue. OIC b6, b7C stated that the collapsible steel batons were needed for the safety of his officers and he would not remove them from the facility unless ordered to do so. Officers continued to carry batons inside the facility on the third and final day ofthe review. • American Correctional Association (ACA) Accreditation: Approximately 25 ACA files were reviewed to ensure compliance. All files lacked required index forms, policy highlights, appropriate secondary documentation or contained excessive paperwork not related to the standard. This officer reviewed each file with Accreditation Manger b6, b7C to discuss w'hat specific documentation was required. The facility had originally planned to schedule their accreditation audit for March or April, which is extremely premature. The Accreditation Department currently lacks direction. The OIC and this officer discussed sending two identified employees to the Florence Processing Center for file training. ( • Construction: The processing area of the facility is currently under construction. The estimated completion date is scheduled for February. Four of the facility pods (Limo, Kilo, Nancy and Mike) are in great need of paint to improve the quality of life for detainees. There are no major renovation projects scheduled for the El Centro SPC. RIC OBSERVATIONS: • Best Practice - Mental Health: All detainees housed at the facility are offered various mental health programs, which include individual and group counseling. Specific treatment plans are created and detainees are placed in either anger management or adjustment disorder groups. The involved staff continue to monitor the detainees' progress and make appropriate adjustments when necessary. • Overall Cleanliness of the Facility: The overall sanitation of the facility was good. Detainees were continuously observed cleaning throughout the review. The food service equipment was found to be dirty, but this deficiency was immediately corrected when reported to the OIC. ( Page 5 Memorandum for Anthony S. Tangeman Subject: El Centro Service Processing Center Review Summary Report • Staff Interaction: OIC b6, b7C n and his staff were extremely professional and helpful during the review. Information requested was immediately provided. Employees were knowledgeable and well versed regarding their post orders and appeared comfortable within their positions. Recommended Rating and Justification: It is the RIC recommendation that the facility receive a rating of "Deficient". The EI Centro SPC has continued for numerous years to remain deficient in critical areas, which affect the quality of life for detainees. The facility did not attempt to correct the identified problems in those areas even when documented in the past two reviews. The facility now fully complies with 33-of-37 standards. The RIC recommends that the Field Office review standards found to be deficient within 90 days after receipt and concurrence of the El Centro SPC plans of action. It is also recommended that the accreditation process be put on hold until the above deficiencies and files can be corrected. RIC Assurance Statement: ( It is the opinion of this RIC that the findings of compliance and non-compliance are documented on the G-324a inspection form and that it is supported by documentation in the review file. Deputy Assistant Director, Field Operations Division CC: Official File b2High, (b)(6), (b)(7)c t ( ( LADQUARTERS EXECUTIVE REVIEW The signature below constitutes review of this report and acceptance by the Review Authority. OIC/CEO will bave receipt of this report to respond to all findings and recommendations. II1II from HQDRO EXECUTIVE REVIEW: (Please Print Name) (b)(6), (b)(7)c (b)(6), (b)(7)c Da Director Final Rating: 0 Superior o Good o Acceptable [gI Deficient OAt-Risk Comments: ( It is the RIC recommendation that the facility receive a rating of "Deficient". The EI Centro Service Processing Center has continued for numerous years to remain deficient in critical areas, which affect the quality of life for detainees. The facility did not attempt to correct the identified problems in those areas even when documented in the past two reviews. The facility now fully complies with 33-of-37 standards. Form G-324A (Rev. 8/1101) No Prior Version May Be Used After 12/31101 -Detention Facility Review Fonn U.S. Department Of Homeland seCUrityU.S. Immigration and Customs Enfo~cement ( Facilities Used Over 72 hours ,gJ=---I-C-E-S-e-rv-j-ce-P-ro-c-e-ss-i-n-g-C-e-n-t-er-----------, o o o PreviousIMost Recent Review Date[s] of Last Review January 28-30, 2003 Previous Rating Superior 0 Good ~ Acceptable o o 0 Deficient D At-Risk Name and Location of Facilitv Name EI Centro Service Pro(eS$inl! Center Address (Street and Name) 1115 North Imperial Avenue City, State and Zip Code EI Centro, CA 92243 County Imperial Name and Title of Chief Executive Officer (Warden/OIC/Superintendent) OfIicer-ln-Chaf2e b6, b7C Telephon de) (760) 353 b6, b7C )istrict JBnDiego Distance from District Office 120 miles ( JCAHO: ~ Date: 3/2003 Problems I Complaints (Copies must be attached) F. The Facility is under Court Order or Class Action Finding D Court Order 0 Class Action Order The Facility has Significant Litigation Pending Major Litigation Life/Safetv Issues Checked Box above requires a detailed written memorandum. A. Current Inspection Type of Review Field Office ~ HQ Review Date[s] of Review January 27-29, 2004 B. NCCHC: ~ Date: 1/2003 ICE Contract Detention Facility ICE Intergovernmental Service Agreement C. ICE Information Name of Reviewer (Last Name, Title and Duty Station) b6, b7C / Detention and Deportation Officer / Washington DC Last Name I Title of Team Members (Reviewers) b6, b7C / PHSIPHO; b6, b7C IEAlDallas; b6, b7C / DO/Wash Controlling Field Office San Diego Nearest Field or Sub-Office San Diego (Approximately 120 miles) D G FaClltv T H'IstOrv Date Built 1975 Date Last Remodeled or Upgraded Ongoing Date New Construction / Bedspace Added None Future Construction Planned ~Yes ONo Date: Current Bedspace Future Bedspace 416 544 I H. Total Facility Population Total Intake for previous 12 months 7,357 Total Mandays for Previous 12 months 11.86 Classification Level (ICE SPCs and CDFs Only) L-l L-2 L-3 I AdultMale 230 134 43 I Adult Female 0 0 0 I. Facility Ca Ilacity Rated I AdultMale 544 I Adult Female 0 Operational 450 0 Emer2ency 560 0 Average Daily Population ICE Adult Male D. CDFIIGSA Information Only Contract Number Date of Contract or IGSA I Basic Rates per Man-Day Adult Female 450 (2003) 415-420 January 2004 0 USMS Other 0 0 0 0 Other Charges: (lfNone, Indicate N/A) , , , Estimated Man-days Per Year Staffing Level : (b)(2)High I (b)(2)High E. Accreditation Certificates Accredited By: ( Form G-324A (Rev. 9/25/03) No Prior Version May Be Used After 12131/03 (. Significant Incident Summary Worksheet ,llr ICE to complete its Review of your facility, the following information must be completed prior to the scheduled review dates. The information on this form should contain data for the past twelve months in the boxes provided. The information on this form is used in conjunction with the ICE Detention Standards in assessing your Detention Operations against the needs of the ICE and its detained population. This form should be filled out by the facility prior to the start of any inspection. o Assault: Offenders on Offenders! o o o o o o o o Assault: Detainee on o o o o o o o o o o o o o o o o o o Staff Number of Forced Moves, incl. Forced Cell moves 3 # Times FourlFive Point ~traints applied/used Offender / Detainee Medical Referrals as a result of injuries sustained. o o o 3 2 o Escapes o o o 21 Grievances: 14 o Deaths Psychiatric / Medical Referrals # Medical Cases referred for o o o o o 31 32 27 43 0 o 3 Outside Care # Psychiatric Cases referred for Outside Care 4 ( Any attempted physical contact or physical contact that involves two or InQre offenders Oral, anal or vaginal penetration or attempted penetration involving at least 2 parties, whether it is consenting or non-consenting Routine transportation of detainees/offenders is not considered "forced" Any incident that involves four or more detainees/offenders, includes gang fights, organized multiple hunger strikes, work stoppages, hostage situations, major fires, or other large scale incidents. Form G-324A (Rev. 9125/03) No Prior Version May Be Used After 12131/03 5. 6. 7. 8. 9. 10. II. 12. 13. 14. 15. Admission and Release Classification System Correspondence and Other Mail Detainee Handbook Food Service Funds and Personal Property Detainee Grievance Procedures Issuance and Exchange of Clothing, Bedding, and Towels Marriage Requests Non-Medical Emergency Escorted Trip Recreation 23. 24. 25. 26. 27. 28. 29. 30. 3 I. 32. 33. 34. 35. 36. 37. 38. 39. Detention Files Disciplinary Policy Emergency Plans Environmental Health and Safety Hold Rooms in Detention Facilities Key and Lock Control PopUlation Counts Post Orders Security Inspections Special Management Units (Administrative Segregation) Special Management Units (Disciplinary Segregation) Tool Control Transportation (Land management) Use of Force Staff I Detainee( Communication Detainee Transfer Detainee Search AU findings (At-Risk, Repeat Deficiency and Deficient) require written comment describing the finding and what is necessary to meet compliance. ( Form G-324A (Rev. 9/25103) No Prior Version May Be Used After 12/31103 1&2 RIC Review Assurance Statement By signing below, the Reviewer-In-Charge (RIC) certifies that all findings of noncompliance with policy or inadequate controls contained in the Review Report are supported by evidence that is sufficient and reliable. Furthermore, fmdings of noteworthy accomplishments are supported by sufficient and reliable evidence. Within the scope of the review, the facility is operating in accordance with applicable law and policy, and property and resources are efficiently used and adequately safeguarded, except for the deficiencies noted in the report. Reviewer-In-Charge: (Print Name) b6, b7C b6, b7C Tille & Duty Location Detention and De ortation Officerl Washin n DC Print Name & Duty Location b6, b7C Print Name & Duty Location , Phoenix, AZ b6, b7C Print Name & Duty Location b6, b7C Dallas, Texas (rtIC Rating Recommendation: \, Washington, DC Print Name & Duty Location o Superior o Good o Acceptable IZ1 Deficient OAt-Risk RIC Comments: It is the Reviewer-In-Charge recommendation that the facility receive a rating of "Deficient". The EI Centro Service Processing Center has continued for numerous years to remain deficient in critical areas, which effect the quality of life for detainees. The facility did not attempt to correct the identified problems in those areas even when documeneted in the past two reviews. The facility now fully complies with 33-of-37 standards. The RIC recomends that the Field Office review standards found to be deficient within 90 days after receipt and concurrence of the EI Centro Service Processing Center plans of action. It is also recommended that the accrediation process be put on hold until the above deficiencies and files can be corrected. Form G-324A (Rev. 9/25/03) No Prior Version May Be Used After 12/31/03