ICE Detention Standards Compliance Audit - Freeborn County Adult Detention Center, Albert Lea, MN, ICE, 2009
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Department of Homeland Security 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 Inspections of al/ Facilities Used Over 72 Hours ICE Detention Standards Review Worksheet rgj D D Local Jail- IGSA State Facility - IGSA ICE Contract Detention Facility Name Freeborn County Adult Detention Center Address (Street and Name) 411 South Broadway City, State and Zip Code Albert Lea, Minnesota, 56007 County Freeborn Name and Title of Chief Executive Officer (Warden/OIC/Superintendent) b6,b7c Jail Administrator Name and Title of Reviewer-In-Charge b6,b7c Reviewer-In-Charge Date[s] of Review April 14-16, 2009 Type of Review. Headquarters IZI D Operational DSpecial Assessment DOther FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09107 Table of Contents Detainee Services Standards (Section I) ...................................................................... , ...........3 Access to Legal Materials ..................................................................................................... . Admission and Release ........ , ........................ '" ........... , ..... , ...... '" ............... '" ..................... .. Classification System ........................................................................................................ .. Correspondence and Other Mail. ........................................................................................... .. Detainee Handbook ....................... , ...... '" .. , ................................ , ...................... , ............... . Food Service ................................................................................................................... . Funds and Personal Property ....................................................................................................... . Detainee Grievance Procedures ............................................................................................ .. Group Presentations on Legal Rights .................... , ...................................................................... . Issuance and Exchange of Clothing, Bedding, and Towels ............................................................. . Marriage Requests ............................................................................................................ .. Non-Medical Escorted Trips ................................................................................................ . Recreation ............ '" ........................... '" ................. , ...................... , ................ , ..... '" .. , .... . Religious Practices ............................................................................................................. . Access to Telephones ......................................................................................................... . Visitation ......................................................................................................................... .. Voluntary Work Program .................................................................................................... . Health Services Standards (Section 11) ..................................................................................32 Hunger Strikes .................. '" ....................................... '" ..................... '" ............................ . Access to Medical Care ........ , .... , ..... , ........................... , ............... '" ............... '" .. , .................. . Suicide Prevention and Intervention ................................................................................... , ... . Terminal Illness, Advanced Directives and Death ............ '" ............................................................... .. Security and Control (Section III) ..................................................................................... 40 Contraband ............................ , .............................................................................................. . 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 Unit (Administrative Segregation) .............................................................. . Special Management Unit (Disciplinary Segregation) ................................................................. . Tool Control. ........ '" ... '" ........................... '" ....................... , .................. '" .................... .. Transportation (Land) ..................................................................................................... . Use of Force ................................................................................................................. . StaffIDetainee Communications ... '" .................................................................................... .. Detainee Transfer Standard .................................................................................................... . NOTE: For each standard rated below Acceptable, facilities must attach a Plan of Action for bringing operations into compliance. Each facility should examine the entire worksheet to identify areas of improvement, including those standards where an overall finding of acceptable was achieved. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for rGSAs - Rev: 07/09/07 Page 2 Qf71 Section I Detainee Services Standards FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for rGSAs - Rev: 07/09/07 Page 3 of71 r ACCESS TO LEGAL MATERIALS POLICY: FACILITIES HOLDING ICE DETAINEES SHALL PERMIT DETAINEES ACCESS TO A LAW LffiRARY, AND PROVIDE LEGAL MATERIALS, FACILITIES, EQUIPMENT, DOCUMENT COPYING PRIVILEGES, AND THE OPPORTUNITY TO PREPARE LEGAL DOCUMENTS. REMARKS Y N NA COMPONENTS The facility provides a designated law library for detainee use. lJ ~ The law library contains all materials listed in the "Access to Legal Materials" Standard, Attachment A. The listing of materials is posted 0 ~ 0 in the law library. The library contains a sufficient number of chairs, is well lit, and is 0 0 ~ reasonably isolated from noisy areas. The law library is adequately equipped with typewriters and/or ~ 0 0 computers, and has sufficient supplies for daily use by the detainees. During the review, the facility In addition to the physical law library, detainees have access to the received and installed the Lexis Lexis Nexis electronic law library. ~ 0 0 Nexis electronic law library. [ ] [ ] Where provided, the Lexis Nexis library is updated and is current. IZI Outside persons and organizations are permitted to submit published legal material for inclusion in the legal library. Outside published 0 ~ 0 material is forwarded and reviewed by ICE prior to inclusion. (b)(6) Program There is a designated ICE or facility employee who inspects, updates, Coordinator, is the designated and maintains/replaces legal materials and equipment on a routine 0 ~ 0 staff member who is responsible basis. for the law library. Detainees are offered a minimum 5 hours per week in the law library. Detainees are not reguired to forego recreation time in lieu of library ~ 0 0 usage. Detainees facing a court deadline are given priority use of the law library. Detainees may request materials not currently in the law library. Each request is reviewed and, where appropriate, an acquisition request is ~ 0 0 timely initiated. Requests for copies of court decisions are accommodated within 3 - 5 business days. Detainees are permitted to assist other detainees, voluntarily and free of charge, in researching and preparing legal documents, consistent ~ 0 0 with securit)'. Illiterate or non-English-speaking detainees without legal representation receive access to more than just English-language law ~ 0 0 books after indicating their need for hel~. Detainees may retain a reasonable amount of personal legal material in the general population and in the special management unit. Stored ~ 0 0 legal materials are accessible within 24 hours of a written request. Detainees housed in Administrative Detention and Disciplinary Segregation units have the same law library access as the general population, barring security concerns. Detainees denied access to ~ 0 0 legal materials are documented and reviewed routinely for lifting of sanctions. All denials of access to the law library fully documented. [] [] IZI Facility staff informs ICE Management when a detainee or group of The facility is aware of this detainees is denied access to the law library or law materials. standard and will comply with 0 0 ~ the standard once ICE detainees arrive. Detainees who seek judicial relief on any matter are not subjected to reprisals, retaliation, or penalties. [J ~ 0 0 FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 Page 4 of71 ACCESS TO LEGAL MATERIALS POLICY: FACILITIES HOLDING ICE DETAINEES SHALL PERMIT DETAINEES ACCESS TO A LAW LIBRARY, AND PROVIDE LEGAL MATERIALS, FACILITIES, EQUIPMENT, DOCUMENT COPYING PRIVILEGES, AND THE OPPORTUNITY TO PREPARE LEGAL DOCUMENTS. COMPONENTS ~ ACCEPTABLE o o DEFICIENT I y I N I AT..:RISK NA o I REMARKS REPEAT FINDING REMARKS: The facility maintains aLexis Nexis electronic law library, which will be updated quarterly. b6,b7c I April 16,2009 AUDITOR'S SIGNATURE I DATE b6,b7c ~1"'-O~ FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 Page 5 of71 ADMISSION AND RELEASE POLICY: ALL DETAINEES WILL BE ADMITTED AND RELEASED IN A MANNER TIIAT ENSURES THEIR HEALTH, SAFETY, AND WELFARE. 1HE 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, WIllCR WILL BE INVENTORIED, DOCUMENTED, AND SAFEGUARDED AS NECESSARY. COMPONENTS In-processing includes an orientation of the facility. The orientation includes: Unacceptable activities and behavior, and corresponding sanctions; How to contact ICE; 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, and the detainee handbook. Medical screenings are performed by medical staff ill: persons who have received specialized training for the purpose of conducting an initial health screening. Each new arrival is classified according to criminal history and threat levels. Criminal history is provided for each detainee by the ICE field office. All new arrivals are 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. Detainees are stripped searched only when cause has been established and not as routine policy. Non-criminal detainees are not strip-searched but are patted down, unless reasonable suspicion is established. The "Contraband" standard governs all personal property searches. IGSAs/CDFs use or have a similar contraband standard. Staff prepares a complete inventory of each detainee's possessions. The detainee receives a copy. Staff completes Form I-387 or similar form for CDFs and IGSAs for every lost or missing property claim. Facilities forward all 1-387 claims to ICE. Detainees are issued appropriate and sufficient clothing and bedding for the climatic conditions. The facility provides and replenishes personal hygiene items as needed. Gender-specific items are available. ICE Detainees are not charged for these items. All releases are properly coordinated with ICE using a Form 1-203. ~ REMARKS NA N Y 0 0 Detainees receive a facility handbook upon arrival. In addition, the unit officers provide an orientation when the detainees arrive in the housing unit. . ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 Initial medical screenings are performed by the deputies assigned to the booking area. Medical screening forms are reviewed by medical staff each morning Monday through Friday. Staff indicate they receive health screening training annually. The facility is aware of this standard and will comply with the standard once ICE detainees arrive. Staff completes paperwork/forms for release as required. FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09107 Page 6 of71 , 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 IZI ACCEPTABLE IY DDEFICIENT D IN AT-RISK INA o I REMARKS REPEAT FINDING REMARKS: Policy and Procedure # 6.01, entitled "Intake and Release Process", provides guidance for admission and release processes. Detainees receive appropriate orientation and classification upon admission to the facility. b6,b7c April 16, 2009 AUDITOR'S SIGNATURE / DATE b6,b7c -..5(r,tv FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09107 Page 7 of71 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 NA COMPONENTS Y REMARKS N The facility classifies the The facility has a system for classifying detainees. In CDFs and general population based on the IGSAs, an Objective Classification System or similar is used. 0 0 IZl detainee's current offense and criminal history. The facility classification system includes: • Classifying detainees upon arrival; • Separating from the general population thqse individuals IZl 0 0 who cannot be classified upon arrival; and • The first-line supervisor or designated classification specialist reviewin~ evety classification decision. The intake/processing officer reviews work-folders, A-files, etc., to 0 0 IZl identLfy_ and classify each new arrival. Staff uses only information that is factual, and reliable to determine Opinions and unsubstantiated! classification assignments. 0 0 IZl unconfirmed reports may be filed but are not used to score detainees classifications. Housing assignments are based on classification-level. 0 IZl 0 A detainee's classification-level does not affect his/her recreation opportunities. Detainees recreate with persons of similar 0 IZl 0 classification designations. Detainee work assignments are based upon classification 0 IZl 0 designations. The classification process includes reassessment/reclassification. At 0 IZl 0 IGSA's, detainees may request reassessment 60 days after arrival. Procedures exist for a detainee to appeal their classification assignment. Only a designated supervisor or classification specialist 0 0 IZl has the authority to reduce a classification-level on appeal. Classification appeals are resolved within five business days and 0 IZl 0 detainees are notified of the outcome within 10 business days. Classification designations may be appealed to a higher authority, IZl 0 0 such as the Warden or equivalent. The Detainee Handbook or equivalent for IGSAs explains the classification levels, with the conditions and restrictions applicable to 0 0 IZl each. ~ ACCEPTABLE DDEFICIENT D AT-RISK D REPEAT FINDING REMARKS: Policy and Procedures # 4.01, entitled "Classification and Separation", dated October 3, 2007, provides guidance regarding classification, safe housing and separation of detainees. / April 16, 2009 AUDITOR'S SIGNATURE/DATE b6,b7c b6,b7c b6,b7c ~ 0 FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) 0-324A Detention Inspection Form Worksheet for IOSAs - Rev: 07/09/07 Page 8 of71 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. REMARKS NA YES No COMPONENTS The rules for correspondence The rules for correspondence and other mail are posted in each housing or common area, or provided to each detainee via a detainee 0 0 and mail are contained in the ~ detainee handbook. handbook. The facility provides key information in languages other than English; In the language(s) spoken by significant numbers of detainees. List 0 ~ 0 any exceptions. Incoming mail is distributed to detainees within 24 hours or I business 0 ~ 0 dl!yafter it is received and inspected. Outgoing mail is delivered to the postal service within one business day of its entering the internal mail system (excluding weekends and 0 0 ~ holidays). Incoming correspondence is Staff does not open and inspect incoming general correspondence and opened by staff and examined other mail (including packages and pUblications) without the detainee for cash, checks, money orders, present unless documented and authorized in writing by the Warden or 0 ~ 0 and contraband per facility equivalent for prevailing security reasons. policy. Staff does not read incoming general correspondence without the 0 ~ 0 Warden's prior written approval. Staff does not inspect incoming special Correspondence for physical contraband or to verifY the "special" status of enclosures without the 0 ~ 0 detainee present. Staff is prohibited from reading or copying incoming special 0 ~ 0 correspondence. Staff is only authorized to inspect outgoing correspondence or other Outgoing correspondence is mail without the detainee present when there is reason to believe the inspected by staff and examined item might present a threat to the facility's secure or orderly operation, ~ 0 0 for contraband, per facility endanger the recipient or the public, or might facilitate criminal policy. activity. Correspondence to a politician or to the media is processed as special ~ 0 0 correspondence and is not read or copied. The official authorizing the rejection of incoming mail sends written The facility does not reject incoming mail. Incoming mail notice to the sender and the addressee. that is deemed inappropriate for ~ 0 0 detainees is placed in the property with a notification to the detainee. The official authorizing censorship or rejection of· outgoing mail See above comments. ~ 0 0 provides the detainee with signed written notice. Staff maintains a written record of every item removed from detainee See above comments. ~ 0 0 mail. The Warden or equivalent monitors staff handling of discovered ~ 0 0 contraband and its disposition. Records are accurate and up to date. The procedure for safeguarding cash removed from a detainee protects the detainee from loss of funds and theft. The amount of cash credited to detainee accounts is accurate. Discrepancies are documented and ~ 0 0 investigated. Standard procedure includes issuing a receipt to the detainee. FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09107 Page 9 of71 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 PERMmED, SUBJECT TO THE SAME LIMITATIONS. EACH FACILITY WILL WIDELY DISTRIBUTE ITS GUIDELINES CONCERNING CORRESPONDENCE AND OTHER MAIL. The facility is not currently Original identity documents (e.g., passports, birth certificates) are under ICE contract. The facility immediately removed and forwarded to ICE staff for placement in Afiles. ~ 0 0 is aware of this standard and will comply with the standard once ICE detainees arrive. Staff provides the detainee a copy ofhislher identity document(s) upon ~ 0 0 request. Staff disposes of prohibited items found in detainee mail in accordance with the "Control and Disposition of Contraband" Standard or the ~ 0 0 similar prevailing policy in IGSAs. Per policy, indigent detainees Every indigent detainee has the opportunity to mail, at government expense, reasonable correspondence about a legal matter, in three one 0 0 receive 2 stamps, and 2 ~ envelopes per week. ounce letters ~er week and~ackages deemed necessat}' b~ ICE. The facility has a system for detainees to purchase stamps and for mailing all special correspondence and a minimum of 5 pieces of ~ 0 0 general correspondence per week. Paper, envelopes, and pencils The facility provides writing paper, envelopes, and pencils at no cost to ICE detainees. 0 ~ 0 are provided to indigent detainees upon request. [8] ACCEPTABLE o DEFICIENT OAT-RISK o REPEAT FINDING REMARKS: Policy and Procedure # 4.06 entitled "Correspondence", dated October 3,2004, provides procedures for mail delivery, postage, legal correspondence, and non-privileged correspondence at the facility. I April 16, 2009 AUDITOR'S SIGNATURE I DATE b6,b7c b6,b7c b6,b7c J..... r- FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) G-324A Detention Inspection Fonn Worksheet for IGSAs - Rev: 07/09/07 Page 10 of71 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 DESCRffiE 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 Y N NA The detainee handbook is written in English and translated into Spanish, or into the next most-prevalent Lan~uaKe(f;). The handbook is supplemented by 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. There an annual review of the handbook by a designated committee or staff member. The detainee handbook addresses the following issues: • Personal Items permitted to be retained by the detainee; and • Initial issue of clothes, bedding and personal hygiene items . The detainee handbook states in clear language the basic detainee responsibilities. The handbook clearly outlines the methods for classification of detainees, explains each level, and explains the classification appeals process. The handbook states when a medical examination will be conducted. ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 The handbook describes the facility, housing units, dayrooms, indorm activities, and special housing units. The handbook describes official count times and count procedures; meal times and feeding procedures; procedures for medical or religious diets; 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. The handbook describes the telephone policy; debit card procedures; direct and free calls; locations of telephones; policy when telephone demand is high; and policy and procedures for emergency phone calls. 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. The handbook describes the library location and hours of operation, and law library procedures and schedules. The handbook describes attorney and regular visitation hours, policies, and procedures. ~ 0 0 ~ 0 0 ~ 0 0 ~ ~ 0 0 0 0 0 0 0 0 ~ 0 0 ~ ~ REMARKS An orientation video is provided in each housing unit. The detainee handbook is revised as necessary. Medical examinations are addressed in section " Medical Care" of the detainee handbook. Procedures for obtaining disposable razors are outlined in paragraph "C/Personal Hygiene" of the detainee handbook. Section III - "Detainee Privileges" outlines telephone and debit card procedures. Visiting hours are listed under section "BI Visitation" portion of the detainee handbook. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 Page 11 of71 DETAINEE HANDBOOK POLICY: EVERY orc 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 Y N NA REMARKS The handbook describes the facility contraband policy. The contraband policy is addressed in section B of the 0 0 ~ handbook under "Detainee Conduct." The handbook describes the facility visiting hours and schedule, and 0 0 ~ visiting rules and regulations. The handbook describes the correspondence policy and procedures. ~ 0 0 The handbook describes the detainee disciplinary policy and procedures, including: • Prohibited acts and severity scale sanctions; 0 0 ~ • Time limits in the Disciplinary Process; and • Summary ofthe Disciplinary Process. The grievance section of the handbook explains all steps in the grievance process - Including: • Informal (if used) and formal grievance procedures; • The appeals process; All component elements • In CDF facilities: procedures for filing an appeal of a grievance with ICE. pertaining to the grievance 0 ~ 0 section are covered in the Staff/detainee availability to help during the grievance • detainee handbook. process. • Guarantee against staff retaliation for filing/pursuing a grievance. How to file a complaint about officer misconduct with the • Department of Homeland Security. The detainee handbook describes the medical sick call procedures for 0 0 ~ general population and segregation. The handbook describes the facility recreation policy including: .~ 0 0 • Outdoor recreation hours . Indoor recreation hours . • The handbook describes the detainee dress code for daily living; and The dress code for daily living is work assignments. addressed in the handbook under 0 0 ~ "Detainee Conduct." The handbook specifies the rights and responsibilities of all detainees. 0 0 ~ IZI ACCEPTABLE DDEFICIENT D AT-RISK D REPEAT FINDING / REMARKS: All components pertaining to the detainee handbook were thoroughly reviewed for compliance with published ICE standards and guidelines. There were no areas of concern noted. April 16, 2009 AUDITOR'S SIGNATURE I DATE b6,b7c b6,b7c b6,b7c Q~ () FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 Page 12 of71 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 Y N NA REMARKS The food service program is under the direct supervision of a J;!rofessionallx trained and certified food service administrator. Responsibilities of cooks and cook foremen are in writing. The Food ~ D D Service Administrator (FSA) determines the responsibilities of the Food Service Staff. The Cook Supervisor 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 onduty 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. Staff monitors the condition of knives and dining utensils. When necessary, special procedures govern the handling of food items that pose a security threat. Operating procedures include daily searches (shakedowns) of detainee work areas. The FSA monitors staff implementation of the facility's population counts procedures. Staff is trained in count 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-to-date. The Cook Foreman or equivalent instructs newly assigned detainee workers in the rules and procedures of the food service d~_artment. During orientation and training session(s), the CS explains and demonstrates: • Safe work practices and methods; • Safety features of individual products/pieces of equipment; and • Training covers the safe handling of hazardous material[s] the detainees are likely to encounter in their work. The Cook Supervisor documents all training in individual detainee detention files. Detainees at CDFs are paid in accordance with the "Voluntary Work Program" standard. Detainee workers at IGSAs are subject to local and state rules and regulations regarding detainee pay. 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. For cafeteria style operations, a transparent "sneeze guard" protects both the serving line and salad bar line. ~ D D ~ D D ~ D D Knives are not secured to workstations at this facility because detainees are not permitted to work in food service. D ~ D ~ D D D D ~ D D ~ Detainees are not permitted to work in food service. Detainees are not permitted to work in food service. D D ~ Detainees are not permitted to work in food service. D D ~ D D ~ Detainees are not permitted to work in food service. Detainees are not permitted to work in food service. D D ~ Detainees are not permitted to work in food service. D D ~ Detainees are not permitted to work in food service. D D ~ Detainees are not permitted to work in food service. ~ D D D D ~ All feeding is done via a satellite-feeding program. FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 Page 13 of71 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 N NA Y REMARKS The facility has a standard 35-day menu cycle. IGSAs use a 35 day The facility has a 28-day menu D D ~ or similar system for rotating meals. cycle. The FSA or facility considers the ethnic diversity of the facility's Swedish Meatballs, Turkey detainee population when developing menu cycles (provide Pasta Casserole, Tacos, examples). Jambalaya, Kielbasa and Baked Beans, and Turkey Chow Mein D D ~ are examples of ethnic diversity consideration when developing menus. A registered dietitian conducts a complete nutritional analysis of D D ~ every master-cycle menu planned. The FSA has established procedures to ensure that items on the master-cycle menu are prepared and presented according to approved D D ~ recipes. The Cook Foreman has the authority to change menu items if necessary. D D • If yes, documenting each substitution, along with its ~ justification • With copy to FSA All staff and volunteers know and adhere to written "food D D ~ preparation" procedures. Detainees whose religious beliefs require the adherence to particular D ~ D religious dietary laws are referred to the Chaplain or FSA. A common-fare menu available to detainees whose dietary requirements cannot be met on the main line. • 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 provide hot water for instant beverages and foods; 0 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 common-fare diet items. A supervisor at the command level must approve a detainee's removal from the Common-Fare Program. The Warden, in conjunction with the chaplain and/or local religious leaders, provides the FSA a schedule of the ceremonial meals for the following calendar year. '~ D D ~ D D D ~ D The Food Service vendor has common-fare menus in place that meet the RDAs. The facility currently has no detainees partaking in the common-fare program. Therefore, the procedures for administering the program could not be observed. The program has special instructions that meet ICE standards for preparation of menu items. There is no schedule of ceremonial meals for the following calendar year. FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) G-324A Detention Inspection Fonn Worksheet for IGSAs - Rev: 07/09/07 Page 14 of7l 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 Y N NA REMARKS The common-fare program accommodates detainees abstaining from The facility has Ramadan Diet particular foods or fasting for religious purposes at prescribed times policy with a sample meal of the year. pattern. The facility Food Service Policy, #9.05, states • Muslims fasting during Ramadan receive their meals after detainees who follow a faithsundown: based diet will be ~ D • Jews who observe Passover but do not participate in the D accommodated. Main-line Common-Fare Program receive the same Kosher-forofferings do not include one Passover meals as those who do participate. meatless meal for lunch or • Main-line offerings include one meatless meal (lunch or dinner on Ash Wednesday and dinner) on Ash Wednesday and Fridays during Lent. Fridays during Lent. The food service program addresses medical diets. The "Nutrition Compliance Statement" from the dietitian dated April 1, 2009, states the D D ~ four-week menu cycle provides standard therapeutic diets. Satellite-feeding programs follow guidelines for proper sanitation. ~ D D Hot and cold foods are maintained at the prescribed, "safe" Temperatures are taken and temperature(s) while being served. D D recorded while being served and ~ maintained at safe levels. All meals are provided in nutritionally adequate portions. ~ D D Food is not used to punish or reward detainees based upon behavior. 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 equiQment. Everyone working in the food service department complies with food safety and sanitation requirements. Standard operating procedures include weekly inspections of all food service areas, including dining and food-preparation areas and equipment. • Who conducts the inspections? ~ D D D D ~ ~ D D ~ D D ~ D D ~ D D Standard procedure includes checking and documenting temperatures of all dishwashing machines after each meal. ~ D D Staff documents the results of every refrigerator/freezer temperature check. ~ D D The cleaning schedule for each food service area is conspicuously posted. ~ D D Equipment is inspected for compliance with health and safety codes and regulations. • When was the most recent inspection? • Which agency conducted the in~ection? Reports of discrepancies are forwarded to the Warden or designated department head, and corrective action is scheduled and completed. Detainees are not permitted to work in food service. The weekly inspection of all food service areas was implemented during the review. An inspection form was also developed for this facility. The Minnesota Department of Health conducted the most recent inspection on April 22, 2008. The temperature log was reviewed and in compliance. Temperature logs for each unit were reviewed and in compliance. The posting of cleaning schedules was implemented during the review for each area. FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 Page 15 of71 FOOD SERVICE POLICY: EVERY FACILITY WILL PROVIDE DETAINEES IN ITS CARE WITH NUTRITIOUS AND APPETIZING MEALS, PREPARED IN ACCORDANCE WITH THE HIGHEST SANITARY STANDARDS. N NA REMARKS COMPONENTS Y Procedures include inspecting all incoming food shipments for damage, contamination, and pest infestation. Storage areas are locked when not in use. IZI ACCEPTABLE ~ ~ D AT-RISK DDEFICIENT D D D D D REPEAT FINDING REMARKS: The facility Food Service program is contracted and all staff are contract workers. No detainees are utilized in the food service operation. The food service department is maintained at a high level of sanitation in all areas. The meals observed were nutritious and appetizing. Knives are not secured to workstations at this facility because no detainees are permitted to work in food service. There is no schedule of the ceremonial meals for the following calendar year. b6,b7c / April 16, 2009 b6,b7c b6,b7c AUDITOR'S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 Page 16 of71 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. o STANDARD NA: (IGSA ONLy) CHECK TIDS BOX IF ALL ICE DETAINEE FuNDs, VALUABLES AND PROPERTY ARE HANDLED ONLY BY THE ICE FIELD OFFICE OR SUB-OFFICE IN CONTROL OF THE DETAINEE CASE. COMPONENTS YES No NA REMARKS US currency is deposited via a Detainee funds and valuables are properly separated, stored, and are debit machine. All other funds accessible only by designated supervisor(s). and valuables are placed in an 0 0 IZI envelope and stored with the detainees'property. Detainees' large valuables are secured in a location accessible to 0 IZI 0 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 0 IZI 0 personal property inventory form that meets the ICE standard? Staff forwards an arriving detainee's medication to the medical staff 0 IZI 0 Audits of baggage and non-valuable property occur each quarter and 0 IZI 0 audits are logged and verified. Two officers are present during the processing of detainee funds and valuables during in-processing to the facility. Both officers verify 0 0 IZI funds and valuables. Staff searches arriving detainees and their personal property for 0 0 IZI contraband. During the review, the facility Staff procedures follow written policy for returning forgotten property implemented written policy for to detainees. 0 IZI 0 returning forgotten property to detainees. Property discrepancies are immediately reported to the CDEO or Chief 0 0 IZI of Security. Stafffollows writtenprocedures when returningJlfop~ to detainees. 0 0 IZI The facility has procedures for CDFIIGSA facility procedures for handling detainee property claims handling detainee property are similar with the ICE standard. claims. The facility will develop IZI 0 0 written policy that is similar to 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; 0 0 IZI • Via certified mail; and • The notice state that the detainee has 30 days in which to claim the property, after which it will be considered abandoned. A policy for the prompt The facility disposes of abandoned property in accordance with written procedures. forwarding of abandoned 0 IZI 0 property to ICE was developed • If a CDFIIGSA facility, written procedure requires the during the review. prompt forwarding of abandoned property to ICE. [8] ACCEPTABLE DDEFICIENT D AT-RISK D REPEAT FINDING FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs -Rev: 07/09/07 Page 17 of71 REMARKS The facility has good procedures for handling detainee funds and property in a clean and secure area. Additional written procedures for handling detainee property should be included in policy to ensure ICE standards are met. b6,b7c I April 16, 2009 AUDITOR'S SIGNATURE I DATE b6,b7c b6,b7c ~ ~ FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 Page 18 of71 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 PRESCRmED 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 RESPONSETO 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 Y REMARKs N NA Written procedures provide for the informal resolution of oral Local grievance procedures are grievances (Not mandatory). outlined in local policy 4.04 IZI D D "Detainee Grievance If yes, the detainee has up to five days within which to make • Procedures" . 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 IZI D D staff when preparing a grievance. • Illiterate, disabled, or non-English-speaking detainees receive special assistance when necessary. Every member of the staff knows how to identify emergency D D IZI grievances, including the procedures for expediting them. There are documented or substantiated cases of staff harassing, disciplining, penalizing, or otherwise retaliating against a detainee IZI D D who lodged a complaint: • If yes, explain. Procedures include maintaining a Detainee Grievance Log. • If not, an alternative acceptable record keeping system is maintained. Grievance logs are maintained py D D the Administrative Sergeant. IZI • "Nuisance complaints" are identified in the records. • For quality control purposes, staff document nuisance complaints received but not filed. Staff is required to forward any grievance that includes officer IZI D D misconduct to a higher official or, in a CDFIIGSA facility, to ICE. IZI ACCEPTABLE DDEFICIENT D AT-RISK D REPEAT FINDING REMARKS: All components related to detainee grievance procedures were thoroughly assessed for compliance with published ICE standards. There were no areas of concern noted. b6,b7c April 16, 2009 b6,b7c b6,b7c AUDITOR'S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs -Rev: 07/09/07 Page 19 of71 GROUP LEGAL RIGHTS PRESENTATIONS POLICY: FACILITIES HOUSING ICE DETAINEES SHALL PERMIT AUTHORIZE 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. IZI CHECK HERE IF No GROUP PRESENTATIONS WERE CONDUCTED WITHIN THE PAST 12 MONTHS. MARK STANDARD AS ACCEPTABLE OVERALL AND CONTINUE ON WITH NEXT PORTION OF WORKSHEET. ~ COMPONENTS The Field Office is responsive to requests by attorneys and accredited representatives for group presentations. Upon receipt of concurrence by the Field Office Director, the facility or authorized ICE Field Office ensures timely and proper notification to attorneys or accredited representatives. 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. 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 provides a sufficient number of presentations so that all detainees signed up may attend. Detainees in segregation, unable to attend for security reasons, may request separate sessions with presenters. Such requests are documented. Interpreters are admitted when necessary to assist attorneys and other legal representatives. 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. Presenters are permitted to meet with small groups of detainees to discuss their cases after the group presentation. ICE or authorized detention 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 Field Office Director or designee; and the reasons for suspension are documented. The Headquarters Office for Detention and Removal, Field Operations and Detention management Division, 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 to detainees upon request IZI ACCEPTABLE DDEFICIENT D YES No NA 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 AT-RISK REMARKS D REPEAT FINDING REMARKS: The facility is not currently under ICE contract, There have been no group legal riglits presentations conducted for ICE detainees at this facility b6,b7c I April 16, 2009 AUDITOR'S SIGNATURE I DATE b6,b7c b6,b7c ~~ ~- FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 Page 20 of71 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, temperature-appropriate, 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); and • One pair of facility-issued footwear. Additional clothing is available for changing weather conditions, or as seasonally appropriate. New detainees are issued clean bedding,. linens, and towels. They receive at a minimum: • One mattress; • One blanket; • Two sheets; • One pillowcase; • One towel; and • Additional blankets are issued based on local weather conditions. Detainees assigned to special work areas are clothed in accordance with the r~uirements ofthejob. Detainees are provided clean clothing, linen and towels. • Socks and undergarments - exchanged daily. • Outer garments - twice weekly. • Sheets - weekly. • Towels - weekly. • Pillowcases - weekly. Food service detainee volunteer workers are permitted to exchange outer garments daily. Volunteer detainee workers are permitted to exchange outer garments more frequently. IZI ACCEPTABLE DDEFICIENT D No NA ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 0 ~ 0 ~ 0 0 AT-RISK D REMARKS Local policy 4.05, "Clothing, Linens, Bedding and Laundry", outlines the procedure for issuance and exchange of clothin~ beddin~ and linens. Detainees do not work in the Food Service Department. REPEAT FINDING REMARKS: All areas pertaining to the issuance and exchange of clothing, bedding, and towels were reviewed for compliance with published ICE standards. There were no areas of concern noted. . b6,b7c April 16,2009 AUDITOR'S SIGNATURE I DATE b6,b7c b6,b7c ~~ J.,........, FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09107 Page 21 of7l MARRIAGE REQUESTS POLICY: ALL DETAINEE MARRIAGE REQUESTS WILL RECEIVE CASE-BY-CASE CONSIDERATION FROM ICE MANAGEMENT. NA REMARKS COMPONENTS Y N The Field Office considers detainee marriage requests on a case-bycase basis. ~ 0 0 The Field Office Director reviews every marriage request rejected by a Warden/OIC or IGSA. Rejections are documented. ~ 0 0 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 s~ouse, confirming marital intent. The WardeniOlC provides a written copy of his/her decision to the detainee and his/her legal representative. ~ 0 0 ~ 0 0 ~ 0 0 When permission is denied, the Warden/OIC states the basis for his/her decision. The Warden/OIC provides the detainee with a place and time to make wedding arrangements. ~ 0 0 ~ 0 0 IZI ACCEPTABLE DDEFICIENT D AT-RISK The facility will forward all marriage requests to the Field Office for approval. The facility will provide a copy of the decision from the Field Office to the detainee and his legal representative. The Field Office will make all decisions on marriage requests. D REPEAT FINDING REMARKS: The facility's plan for handling detainee marriage requests is to forward all written information to the Field Office for approval or rejection. Written policy will be developed to implement the procedures for handling detainee marriage requests. b6,b7c / April 16, 2009 AUDITOR'S SIGNATURE/DATE b6,b7c b6,b7c ~,-v ,v FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09107 Page 22 of71 NON-MEDICAL EMERGENCY ESCORTED TRIPS POLICY: THE IMMIGRATION AND CUSTOMS ENFORCEMENT (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. [gJ STANDARD N/A: CHECK THIS BOX IF ALL ICE NON-MEDICAL EMERGENCY ESCORTED TRIPS ARE HANDLED ONLY BY THE ICE FIELD OFFICE OR SUB-OFFICE IN CONTROL OF THE DETAINEE CASE. COMPONENTS YES No NA REMARKS The Field Office Director considers and approves, on a case-by-case basis, trips to an immediate family member's: 0 0 0 • Funeral; or • Deathbed The facility recognizes mother, father, brother, sister, spouse, child, 0 0 0 stepparent, and foster parent as "immediate family." The IaSA facility notifies ICE of all detainee requests for non-medical 0 0 0 escorts. The detainee's Deportation Officer reviews the file before forwarding a detainee's request, with recommendation, to the approving official. 0 0 0 Each recommendation addresses the individual's suitability for travel; e.g., the kind of supervision required. Each escort includes at least two officers. 0 0 0 Escorting officers report unexpected situations to the originating facility as a matter of procedure, and the ranking supervisor on duty 0 0 0 has the authority to issue instructions for completion of the trip. Escorting officers have the discretion to increase or decrease minimum restraints in accordance with written procedures and classification 0 0 0 level of the detainee. Escort officers are precluded from accepting gifts/gratuities from a 0 0 0 detainee, or detainee's relative or friend for any reason. 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; 0 0 • Do not purchase, possess, use, consume, or administer narcotics, 0 other drugs, or intoxicants; • Make no unauthorized phone calls; and • Know they are subject to search, urinalysis, breathalyzer, or comparable test upon return. Standard procedure requires the immediate return to the facility of any 0 0 0 detainee who violates trip rules. D ACCEPTABLE o DEFICIENT D AT-RISK o REPEAT FINDING REMARKS: This facility is not currently under contract and does not have ICE detainees. There is a possibility of transporting ICE detainees in the future. Institution staff indicate they will develop procedures for handling the transportation of detainees for non-medical emergencies. b6,b7c / April 16, 2009 AUDITOR'S SIGNATURE/DATE b6,b7c b6,b7c ~~ Y FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs -Rev: 07/09/07 Page 23 of71 RECREATION POLICY: IT IS ICE POLICY TO PROVIDE ACCESS TO RECREATIOWAL PROGRAMS AND ACTIVITIES TO ALL ICE DETAINEES, TO THE EXTENT POSSmLE, UNDER CONDITIONS OF SECURITY AND SUPERVISION THAT PROTECT THEIR SAFETY AND WELFARE. COMPONENTS The facility has a recreation program and facility. A recreational specialist (for facilities with more than 350 detainees) tailors the program activities and offerings to the detainee population. Regular maintenance keeps recreational facilities and equipment in good condition. The recreational specialist or trained equivalent supervises detainee recreation workers. The recreational specialist or trainee equivalent oversees recreation programs for special housing units (SHU) and special-needs 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 all 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 s~ervision. Supervising staff is equipped with radios. The facility provides detainees in the SHU at least one hour of outdoor recreation time daily, five times per week. Detainees in disciplinary/administrative segregation receive a written explanation when a panel revokes his/her recreation privileges. Special programs or religious activities are available to detainees. Y N NA IZI D D IZI D D IZI D D IZI D D IZI D D IZI D D IZI IZI D D D D D D IZl IZI IZI D D D D D D D D D D IZI D D IZI IZI ~ IZI D D REMARKS The facility has a program director who provides oversight to the recreation program. Facililty staff supervise detainee workers. During the facility tour, game tables, board games, and television were observed in use on the units. There are about 20 special programs or religious activities for detainees to participate. Volunteers are required to sign a waiver of liability before entering a IZI D D secure portion of the facility where detainees are present. Visitors, relatives or friends are not allowed to serve as volunteers. IZI D D IZI If outdoor recreation is offerech check this box. No further information is required when outdoor recreation is offered. If the facility has no outside recreation, are detainees considered for transfer after siX; months? D D • If yes, written procedures ensure timely review of all eligible D detainees. Case officers make written transfer recommendations about every sixD D D month detainee to the OIC. The OIC documents all detainee-transfer decisions, whether yes or no. D D D The detainee's written decision for or against an offered transfer D D D documented in hislher A-file. Staff notifies the detainee's legal representative of hislher decision to D D D acce~tldecline a transfer. If no recreation is available, the ICE Districts routinely review transfer D D D eligibil!ty for all detainees after 60 days. FOR OFFICIAL USE ONL Y (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs -Rev: 07/09/07 Page 24 of71 RECREATION POLICY: IT IS ICE POLICY TO PROVIDE ACCESS TO RECREATIONAL PROGRAMS AND ACTIVITIES TO ALL ICE DETAINEES, TO THE EXTENT POSSmLE, UNDER CONDITIONS OF SECURITY AND SUPERVISION THAT PROTECT THEIR SAFETY AND WELFARE. The A-file of every detainee who 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's/OIC's decision. [8J ACCEPTABLE DDEFICIENT 0 0 0 0 0 0 D AT-RISK D REPEAT FINDING REMARKS: The facility has a staff member who provides oversight to the recreation program to ensure supplies and schedules are in place to afford detainees with recreational opportunities. b6,b7c / April 16, 2009 b6,b7c b6,b7c AUDITOR'S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 Page 25 of71 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 REMARKS NA Y N Detainees are allowed to engage in religious services. ~ D D Space is available for detainees to conduct religious services. facility has ample space for D D The ~ detainees' religious services. The facility allows detainees to observe the major "holy days" of their religious faith. D D ~ List any exceptions. • The facility accommodates recognized holy-day observances by: • Providing special meals, consistent with dietary restrictions; D ~ D • Honoring fasting requirements; • Facilitating religious services; and • Allowing activity restrictions. Each detainee is allowed religious items in his/her immediate are allowed to have D D Detainees ~ possession. religious books. Volunteer's credentials are checked and verified before allowing ~ D D particil'ation in detainee programs. Members of faiths not represented by clergy may conduct their own D ~ D services within securi~ allowances. Detainees in the Special Management Unit are allowed to participate "One on one" pastoral visits are in religious practices unless otherwise documented for the safety and conducted by volunteer security of the facility. chaplains to detainees who ~ D D cannot participate in group services. I8l ACCEPTABLE o DEFICIENT OAT-RISK o REPEAT FINDING REMARKS: The religious services program is provided by approximately 50 volunteer Chaplains and lay persons on a scheduled basis. b6,b7c / April 16, 2009 AUDITOR'S SIGNATURE I DATE b6,b7c b6,b7c ~ ,- FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Fonn Worksheet for IGSAs -Rev: 07/09/07 Page 26 of71 DETAINEE TELEPHONE ACCESS POLICY: ALL FACILITIES HOUSING ICE DETAINEES WILL PERMIT DETAINEES' REASONABLE AND EQUITABLE ACCESS TO TELEPHONES. COMPONENTS Y N NA Detainees are allowed access to telephones during established facility waking hours. ~ D D Upon admittance, detainees are made aware of the facility's telephone access policy. ~ D D ~ D D ~ D D ~ D D Telephones are inspected regularly by facility staff to ensure that they are in good working order. ~ D D The facility administration promptly reports out-of-order telephones to the facility's telephone service provider. ~ D D The facility administration monitors repair progress and takes appropriate measures to ensure that required repairs are begun and completed timely. ~ D D 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 noncollect (special access) calls. ~ D D ~ D D ~ Special Access calls are at no charge to the detainees. ~ D D D D Access rules are posted in housing units. 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. The OIG phone number for reporting abuse is programmed into the detainee phone system and the phone number was checked by the inspector during the review. D ~ D REMARKS Detainees have access to the telephones from 6: OOAM until 10:00 PM. The rules for detainee telephone access are posted in the handbook. The unit officer is responsible for the routine inspections of the telephones. Sercurus Technologies manages the phone systems. All maintenance problems are r~orted to Securus for repairs. The facility is not currently under ICE contract. The facility is aware of this standard. ICE officials have been working with the facility to install an automated phone system thro~hPCS. In facilities unable to fully meet this requirement initially because of limitations of its telephone service, ICE makes alternate 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 List." Special arrangements are made to allow detainees to speak by telephone with an immediate family member detained in another Facility. D ~ D ~ D D ~ D D Any telephone restrictions are documented. ~ D D See above comments. Upon request from ICE, the facility will comply with this standard. Telephones are restricted only because of discipline proceedings which are documented. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09107 Page 27 of71 DETAINEE TELEPHONE ACCESS POLICY: ALL FACILITIES HOUSING ICE DETAINEES WILL PERMIT DETAINEES' REASONABLE AND EQUITABLE ACCESS TO TELEPHONES. COMPONENTS Y N NA The facility has a system for taking and delivering emergency detainee telephone messages. ~ 0 0 Emergency phone call messages are immediately given to detainees. ~ Detainees are allowed to return emergency phone calls as soon as possible. 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/embass~ officials. Detainees in disciplinary segregation are allowed phone calls for family emergencies. Detainees in administrative detention and protective custody are afforded the same telephone 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. ~ 0 0 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ [g] ACCEPTABLE DDEFICIENT D AT-RISK 0 0 REMARKS Notifications that telephones are monitored are located by the phones in the housing units. In addition, the phones have a recording, which notifies the detainee that the phones are monitored. D REPEAT FINDING REMARKS: Policy # 4.07, "Telephone Access", dated October 3, 2004, provides procedures to ensure detainees have reasonable and equitable access to telephones. b6,b7c / April 16. 2009 b6,b7c b6,b7c AUDITOR'S SIGNATURE / DATE FOR OFFICIAL USE ONL Y (LAW ENFORCEMENT SENSITIVE) . G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 Page 28 of71 VISITATION POLICY: ICE SHALL PERMIT DETAINEES TO VISIT WITH FAMILY, FRIENDS, LEGAL REPRESENTATIVES, SPECIAL INTEREST GROUPS, AND THE NEWS MEDIA. COMPONENTS Y N NA REMARKS Non-contact video visiting is allowed Tuesday and Thursday from 10:00 AM to 11:30 AM and 6:30 PM to 8:00 PM; There is a written visitation schedule and hours for general visitation. Saturday from 10:00 AM to 0 0 ~ 11 :00 AM; and Sunday for minors from 10:00 AM to 11 :00 AM. Visits are 20 minutes in duration. The visitation hours tailored to the detainee population and the 0 ~ 0 demand for visitation. The visitation schedule and rules are available to the pUblic. ~ The hours for all categories of visitation are posted in the visitation waiting area. ~ A written copy of the rules regulating visitation and the hours of visitation is available to visitors. ~ A general visitation log is maintained. ~ The detainees are permitted to retain personal property items specified in the standard. A visitor dress code is available to the public. Visitors are searched and requirements. identified according to standard 0 0 0 0 ~ 0 0 0 0 0 0 0 ~ 0 ~ 0 0 The requirement on visitation by minors is complied with. ~ 0 0 At facilities where there is no provision for visits by minors, ICE arranges for visits by children and stepchildren, on request, within the first 30 days. 0 0 ~ 0 0 ~ ~ 0 0 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 are afforded visitation. Legal visitation is available seven (7) days a week, including holidays. ~ 0 0 On regular business days legal visitation hours are provide for a minimum of eight (8) hours per day, and a minimum of four hours per day on weekends and holidays. ~ 0 0 On regular business days, detainees are given the option of continuing a meeting with a legal representative through a scheduled meal. ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 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 governing detainee searches. When strip searches are required after every contact visit with a legal representative, the facility provides an option for non-contact visits with legal representatives. The facility conducts only noncontact video visiting. There is no visititlK dress code. Visitation by minors is allowed with prior approval and adult supervision. Visitation by minors is allowed with prior approval and adult supervision. FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09107 Page 29 of71 VISITATION POLICY: ICE SHALL PERMIT DETAINEES TO VISIT WITH FAMILY, FRIENDS, LEGAL REPRESENTATIVES, SPECIAL INTEREST GROUPS, AND THE NEWS MEDIA. Prior to each visit, legal service providers and assistants are identified per the standard. ~ 0 0 The current list of pro bono legal organizations is posted in the detainee housing areas and other appropriate areas. ~ 0 0 The decision to pennit or deny a tour is not delegated below the level ofField Office Director. ~ 0 0 Provisions for NGO visitation, as stated in the Detention Standards, are complied with. ~ 0 0 Law enforcement officials who request to visit with a detainee are referred to the ICE Field Office for approval. ~ 0 0 Fonner detainees or aliens in proceedings, requesting to visit with a detainee, are referred to the OIC or ICE Field Office. ~ 0 0 Procedures are in place, consistent with the detention standard, for examinations by independent medical service providers and experts. ~ 0 0 [g] ACCEPTABLE o DEFICIENT OAT-RISK o REPEAT FINDING REMARKS: Policy # 4.08, "Detainee Visitation", dated October 3,2008, provides guidance regarding detainee visitation. The facility is well aware of all the above component requirements and will have systems in place to comply by the time detainees arrive. b6,b7c I April 16, 2009 AUDITOR'S SIGNATURE I DATE b6,b7c b6,b7c ~ 0- FOR OFFICIAL USE ONL Y (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09107 Page 30 of11 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. [gj CHECK HERE IF ICE DETAINEES ARE NOT AUTHORIZED TO WORK AT THE IGSA FACILITY. MARK NA ON FORM G-324A, PAGE 3 AND MOVE TO NEXT SECTION. COMPONENTS REMARKS NA Y N Does the facility have a voluntary work program? D D D • Do ICE detainees participate? Detainee houseke~n~ meets neatness and cleanliness standards. D D D Detainees have the opportunity to participate in special details, D D D however, are never allowed to work outside the secure perimeter. Written procedures govern selection of detainees for the Voluntary D D D Work Program. Where possible, physically and mentally challenged detainees D D D participate in the program. The facility complies with work-hour requirements for detainees, not exceeding: D D D • Eight hours a day and Forty hours a week. Detainee volunteers generally work according to fixed schedule. D D D If a detainee is removed from a work detail, staff places the written D D D 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 D D D the work program. The voluntary work program meets: D D D • OSHA, NFPA, ACA standards Medical staff screen and formally certify detainee food service volunteers. D D D • Before the assignment begins; and • As a matter of written procedure Detainees receive safety equipment! training sufficient for the D D D assignment. Proper procedure is followed when an ICE detainee is injured on the D D D job. D ACCEPTABLE DDEFICIENT D AT-RISK D REPEAT FINDING REMARKS ICE detainees are not authorized to participate in the facility's voluntary work program. / April 16, 2009 b6,b7c AUDITOR'S SIGNATURE / DATE b6,b7c b6,b7c FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09107 Page 31 of71 Section II Health Services Standards FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs.- Rev: 07/09/07 Page 32 of71 HUNGER STRIKES POLICY: ALL FACILITIES WILL FOLLOW STANDARD GUIDELINES FOR THE MEDICAL AND ADMINISTRATIVE MANAGEMENT OF ICE DETAINEES ENGAGING IN HUNGER STRIKES. By MONITORING OF THE IiEALTH AND WELFARE OF THE INDIVIDUAL DETAINEES, FACILITIES WILL STRIVE TO SUSTAIN THEIR LIVES. Y N NA ~ D D CDFs and IGSAs immediately report a hunger strike to the ICE. ~ D D The facility has established procedures to ensure staff respond immediately to a hunger strike. ~ D D ~ D D ~ D D Medical staff records the weight and vital signs of a hunger-striking detainee at least once every 24 hours. ~ D D The OIC of the facility obtains a hunger striker's consent before medical treatment. ~ D D A signed Refusal of Treatment form is required of every detainee who rejects medical evaluation or treatment. ~ 0 D During a hunger strike, staff document and provide the hunger-striking detainee three meals a day. ~ D D Staff maintains the hunger striker's supply of drinking water/other beverages. ~ D D During a hunger strike, staff removes all food items from the hunger striker's living area. ~ D D Staff is directed to record the hunger striker's fluid intake and food consumption; Does staff always use Hunger Strike Monitoring Form 1839 or similar IGSA form. ~ D D The medical staff has written procedures for treating hunger strikers. ~ D Staff documents all treatment attempts, including attempts to persuade hunger striker of medical risks. ~ D D D Staff has received training in identification of hunger strikes. Medical staff receives early training in hunger-strike evaluation and treatment. Staff remains current in evaluation and treatment techniques. D ~ D COMPONENTS When a detainee has refused food for 72 hours, it is standard practice for staff to refer him/her to the medical department. Policy and procedure require that staff isolate a hunger-striking detainee from other detainees. • If yes, in an observation room? Medical personnel are authorized to place a detainee in the Special Management Unit or a locked hospital room. I:8J ACCEPTABLE o DEFICIENT OAT-RISK REMARKS Policy, #D-07, "The Refusal to Eat", was revised during the review to meet all ICE requirements. Form D-07 is used to record the hunger striker's intake. Staff have not received training to identify hunger strikers. o REPEAT FINDING REMARKS: Policy #D-07, "The Refusal to Eat", was revised during the review to address all required areas. Protocols were established and hunger strike training scheduled for detention staff and medical staff by the contract manager. Staff has not received training to identify hunger strikers. / April 16, 2009 AUDITOR'S SIGNATURE/DATE b6,b7c b6,b7c V""V,,- b6,b7c Ct,·,_ r: FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) G-324A Detention Inspection Fonn Worksheet for IGSAs - Rev: 07/09/07 Page 33 of71 ACCESS TO MEDICAL CARE POLICY: EVERY FACILITY WILL ESTABLISH AND MAINTAIN AN ACCREDITED/ACCREDITATION-WORTHY HEALTH PROGRAM FOR THE GENERAL WELL-BEING OF ICE DETAINEES. COMPONENTS Facilities operate a health care facility in compliance with state and local laws and guidelines. Y N NA ~ D D D D D D I The facility's in-processing procedures for arriving detainees include medical screening. All detainees have access to and receive medical care. The facility has access to a PHS/DIHS Managed Health Care Coordinator. ! ~ ~ D ~ D ~ D D ~ D D ~ D D D D D D The medical staff is large enough to provide, examine, and treat the facility's detainee population. The facility has sufficient space and equipment to afford detainee receiving health care. The medical facility has its own restricted-access area. The restricted access area is located within the confmes of the secure perimeter. The medical facility entrance includes a holding/waiting room. The medical facility's holding/waiting room is under the direct supervision of custodial staff. Detainees in the holding/waiting room have access to a drinking fountain. J'fiva~ when Medical records are kept apart from other files. They are: • Secured in a locked area within the medical unit; • With physical access restricted to authorized medical staff; and • Procedurally, no copies made and placed in detainee files. Pharmaceuticals are stored in a secure area. Medical screening includes a Tuberculosis (TB) 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 hislher arrival at the facility; and • Detainees not screened are housed separate from the general population. ~ ~ ~ D D ~ D D ~ D D ~ D D REMARKS The contract health provider, Correctional Healthcare, has policies and procedures that comply with the National Commission on Correctional Health Care and ACA. The facility did not have the name and number of a PHSIDIHS Managed Health Care Coordinator. ICE has been contacted for this information. The contractor provides medical staff to meet the medical needs b6 of the facility. Contract Manager, stated the contract will be amended to increase staffing with the increased detainee IJopulation. The medical waiting/holding area does not have a water fountain. However, access to fluids is made available. Pharmaceuticals are stored in a cabinet in a secure area in the medical unit. During the review, the needle/syringe cabinet was secured with a lock. Policy J-E-02, "Receiving Screening", dated 4/13/09, addresses TB screening. Screening is completed before the detainee is placed in the general population. Detainees who show positive signs of potential TB are held in the FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) G-324A Detention Inspection Fonn Worksheet for IGSAs - Rev: 07/09107 Page 34 of71 ACCESS TO MEDICAL CARE POLICY: EVERY FACILITY WILL ESTABLISH AND MAINTAIN AN ACCREDITED/ACCREDITATION-WORTHY HEALTH PROGRAM FOR THE GENERAL WELL-BEING OF ICE DETAINEES. medical holding cell until screening test results are completed. The policy was revised during the review process to meet the ICE standard. All detainees receive a mental-health screening upon arrival. It is conducted: [8J 0 0 • By a health care provider or specially trained officer; and • Before a detainee's assignment to a housing unit. The facility health care provider promptly reviews all 1-794s (or [8J 0 0 equivalentl to identify detainees needin& medical attention. The contractor revised the The health care provider physically examines/assesses arriving detainees within 14 days of admission/arrival at the facility. health assessment to include a systematic review of symptoms and a physical examination to include a "hands on" [8J 0 0 examination. Physical examinations will be completed within ten days of arrival. Form 0022, "Health Assessment" will be used. During the review, the Detainees in the Special Management Unit have access to health care services. contractor revised policy to [8J 0 0 include this service and to document it. Staff provides detainees with health services (sick call) request slips daily, upon request. • Request slips are available in languages other than English, [8J including every language spoken by a sizeable number of the 0 0 facility's detainee population. • Service-request slips are delivered in a timely fashion to the health care provider. Facility Policies "Availability of 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 Medical and Dental Resources", when immediate outside medical attention is required. #5.01, "Reporting ofUnusal [8J 0 0 Occurrences" #7.08, and "Emergency Response Plan", #J-A-07, address this element. [8J The plan includes an on-call provider. 0 0 The plan includes a list of telephone numbers for local ambulance and Policy #5.02, "Posting of hospital services. Available Resources", also requires that telephone numbers for emergency medical, dental, [8J 0 0 emergency response ambulance, and mental health are posted in Master Control, Booking, Work Release and General Housing. The plan includes procedures for facility staffto utilize this emergency [8J 0 0 health care consistent with security and safety. Detention staff is trained to respond to health-related emergencies [8J 0 0 within a 4-minute response time. , FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 Page 35 of71 ACCESS TO MEDICAL CARE EVERY FACILITY WILL ESTABLISH AND MAINTAIN AN ACCREDITED/ACCREDITATION-WORTHY HEALTH PROGRAM FOR THE GENERAL WELL-BEING OF ICE DETAINEES. Facility Policy "Delivery, Where staff is used to distribute medication, a health care provider Supervision and Control of properly trains these officers. Medications", #5:07, Section 3 0 0 ~ E, outlines detention officer training and medication distribution. All medication administration The medical unit keeps written records of medication that is records include start and stop distributed. dates, the individual who distributed the medication, and ~ 0 0 the initials of the inmate/detainee receiving the medication. The Form 1-819 (or IGSA equivalent) is used to notify the 0 0 ~ WardenlFacility of a detainee that has special medical needs. A signed and dated consent form is obtained from a detainee before The Health Intake Screening form, #0062, was revised to medical treatment is administered. ~ 0 0 include consent for medical treatment and examination. Detainees use the 1-813 (or IGSA equivalent) to authorize the release The "Release of Medical of confidential medical records to outside sources. Information Form", # 0026, 0 ~ 0 authorizes the release of confidential medical records. The facility health care provider is given advance notice prior to the ~ 0 0 release, transfer, or removal of a detainee. Detainee's medical records or a copy thereof, are available and ~ 0 0 transferred with the detainee. Medical records are placed in a sealed envelope or other container labeled with the detainee's name and A-number and marked 0 0 ~ "MEDICAL CONFIDENTIAL". PoLICY: ~ ACCEPTABLE o DEFICIENT OAT-RISK o REPEAT FINDING REMARKS: Correctional Health Care was awarded the medical provider contract in October 2008. They currently provide eight hours of on-site medical coverage, five days a week. The current medical staff includes a contract manager, one full time RN, one part-time RN, and one physician who provides on-site services every other week. An x-ray technician, laboratory technician, mental health provider, and b6 psychiatrist provide on-site services as needed. , Contract Manager, stated the contract will be amended to increase staffing with the increased detainee population. The detention officers are trained to identify medical emergencies, distribute medications, and report medical emergencies to the on-call health care provider. A 24-hour emergency call-back system for the nurse manager and physician is available for all medical emergencies and concerns. The facility does not have the name and number of a PHSIDIHS Managed Health Care Coordinator. ICE has been contacted to provide this information. b6,b7c / April 16, 2009 AUDITOR'S SIGNATURE / DATE b6,b7c FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) G-324A Detention Inspection Fonn Worksheet for IGSAs - Rev: 07/09107 Page 36 of71 SUICIDE PREVENTION AND INTERVENTION POLICY: ALL DETENTION STAFF WORKING WITH ICE DETAINEES WILL BE TRAINED TO RECOGNIZE SUICIDE-RISK INDICATORS. STAFF WILL HANDLE POTENTIALLY SUICIDAL INDIVIDUALS WITH SENSITIVITY, SUPERVISION, AND REFERRALS. A CLINICALLY SUICIDAL DETAINEE WILL RECEIVE PREVENTIVE SUPERVISION AND TREATMENT. NA REMARKS COMPONENTS Y N All detention staff receive Every new staff member receives suicide-prevention training. Suicidesuicide prevention and prevention training occurs during the employee orientation program. intervention training. A mental D health provider conducts the ~ D training during orientation. Annual suicide prevention training is also provided. Training prepares staff to: • Recognize potentially suicidal behavior; D D ~ • Refer potentially suicidal detainees, following facility procedures; and • Understand and apply suicide-prevention techniques. A health-care provider or specially trained officer screens all detainees for suicide potential as part ofthe admission process. D D • Screening does not occur later than one working day after the ~ detainee's arrival. Policy J-G-05, "Suicide Written procedures cover when and how to refer at-risk detainees to Prevention", identifies medical staff and procedures are followed. D procedures on how to refer an ~ D at-risk detainee to medical staff. A special watch room has been The facility has a designated isolation room for evaluation and treatment. ~ D D identified in the intake screening area. The designated isolation room does not contain any structures or D ~ D smaller items that could be used in a suicide attempt. Medical staff has approved the room for this purpose. [J ~ D A review of a special watch log Staff observes and documents the status of a suicide-watch detainee at D indicated 15 minutes or less. ~ D least once every 15 minutes. IZI ACCEPTABLE DDEFICIENT D AT-RISK D REPEAT FINDING REMARKS: All detention staff receive training from a certified mental health professional on recognizing suicide risk indicators and referring potential suicide risks to medical. A special watch room has been identified in the intake screening area that is under camera and does not have any structures that could be used in a suicide attempt. The special watch log documented physical watch intervals of 15 minutes or less. b6,b7c I April 16. 2009 AUDITOR'S SIGNATURE I DATE b6,b7c b6,b7c ~ 0- FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 Page 37 of71 TERMINAL ILLNESS, ADVANCED DIRECTIVES, AND DEATH POLICY ALL FACILITIES HOUSING ICE DETAINEES SHALL HAVE POLICIES AND PROCEDURES ADDRESSING THE ISSUES OF TERMINAL ILLNESS OR INJURY, MEDICAL ADVANCED DIRECTIVES, AND DETAINEE. DEATH, TO INCLUDE THE PROCEDURES TO ENSURE PROPER NOTIFICATION IS PROVIDED TO ICE OFFICIALS, FAMILY MEMBERS AND OTHER INTERESTED PARTIES IN THE EVENT OF A DETAINEE . BECOMING TERMINALLY ILL OR INJURED OR DEATH OF A DETAINEE OCCURS. IN ADDITION, THE POLICY WILL COVER PROCEDURES TO BE TAKEN IF THE DEATH OF ADETAINEE OCCURS WHILE IN TRANSIT. IZI CHECK TInS BOX IF THE FACILITY DOES NOT ACCEPT ICE DETAINEES WHO ARE SEVERELY OR TERMINALLY ILL. INDICATE NA IN THE APPROPRIATE BOX FOR THIS PORTION OF THE WORKSHEET. ALWAYS COMPLETE ALL REFERENCES TO DETAINEE DEATH AND RELATED NOTIFICATIONS. COMPONENTS NA REMARKS Y N Detainees who are chronically or terminally ill are transferred to an Policy J-G-ll, "Terminal appropriate offsite medical facility. Illness", was revised to include ICE notification of transfers to IZI 0 0 an appropriate off-site medical facility. The facility or appropriate ICE office promptly notifies the next of kin Policy J-E-08, "Reporting of ofthe detainee's medical condition, to include: Unusual Occurrences", was IZJ 0 0 revised during the review to • The detainee's location; and meet this element. • The limitations placed on visitin~. There are guidelines addressing the State Advanced Directive Form for Implementing Living Wills and Advanced Directives. • The guidelines include instructions for detainees who wish to IZJ 0 0 have a living will other than the generic form the DIHS provides or who wishes to appoint another to make advance decisions for him or her. The guidelines provide the detainee the opportunity to have a private IZJ 0 0 attorney prepare the documents. There is a policy addressing "Do Not Resuscitate Orders" IZJ 0 0 Detainees with a "Do Not Resuscitate" order in the medical record receive maximal therapeutic efforts short of resuscitation? The facility notifies the DIHS Medical Director and 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 ICE representative. The facility has written procedures to address the issues of organ donation by detainees. IZJ 0 0 IZJ 0 0 IZJ 0 0 IZJ 0 0 IZJ 0 0 IZJ 0 0 IZJ 0 0 The facility has written procedures to notify ICE officials, deceased family members and consulates, when a detainee dies while in Service. The 'facility has a policy and procedure to address the death of a detainee while in transport. At all ICE locations the detainee's remains disposed of in accordance with the provisions detailed in this standard. In the event that neither family nor consulate claims the remains, the Field Office schedules an indigent's burial, consistent with local ,procedures. Policy J-I-04, "End of Life Decision Making", was revised to include organ donation by detainees. Policy # 7.05, "Emergency & Unusual Occurrences, Security & Control" was revised during tbe review to include ICE notification when a detainee dies. The above policy was revised to include the death of a detainee while in transport. Addressed in the above policy. FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) G-324A Detention Inspection Fonn Worksheet for IGSAs - Rev: 07/09107 Page 38 of7l TERMINAL ILLNESS, ADVANCED DIRECTIVES, AND DEATH POLICY ALL FACILITIES HOUSING ICE DETAINEES SHALL HAVE POLICIES AND PROCEDURES ADDRESSING THE ISSUES OF TERMINAL ILLNESS OR INJURY, MEDICAL ADVANCED DIRECTIVES, AND DETAINEE DEATH,TO INCLUDE THE PROCEDURES TO ENSURE PROPER NOTIFICATION IS PROVIDED TO ICE OFFICIALS, FAMILY MEMBERS AND OTHER INTERESTED PARTIES IN THE EVENT OF A DETAINEE BECOMING TERMINALLY ILL OR INJURED OR DEATH OF A DETAINEE OCCURS. IN ADDITION, THE POLICY WILL COVER PROCEDURES TO BE TAKEN IF THE DEATH OF A DETAINEE OCCURS WHILE IN TRANSIT. [8J CHECK TIllS BOX IF THE FACILITY DOES NOT ACCEPT ICE DETAINEES WHO ARE SEVERELY OR TERMINALLY ILL. INDICATE NA IN THE APPROPRIATE BOX FOR THIS PORTION OF THE WORKSHEET. ALWAYS COMPLETE ALL REFERENCES TO DETAINEE DEATH AND RELATED NOTIFICATIONS. NA COMPONENTS Y N REMARKS • If the detainee's is a U.S. military veteran, is the Department of Veterans Affairs notified? An original or certified copy of a detainee's death certificate is placed [8J D D in the subject's a-file. The facility follows established policy and procedures describing when to contact the local coroner regarding such issues as: • Performance of an autopsy; [8J D D • Who will perform the autopsy; • Obtaining state approved death certificates; and • Local transportation ofthe body. ICE staff follows established procedures to properly close the case of a This is an initial review and no deceased detainee. detainees have been housed at [8J D D this facility. Procedures are in place to close the case of a deceased detainee. IZI ACCEPTABLE DDEFICIENT D AT-RISK D REPEAT FINDING REMARKS: Policies and procedures were revised to address the issues of terminal illness or injury, medical advanced directives, and detainee death, to include the procedures to ensure proper notification is provided to ICE officials. b6,b7c I April 16. 2009 AUDITOR'S SIGNATURE I DATE b6,b7c b6,b7c ~'1""-' ~v FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 Page 39 of71 Section III Security and Control Standards FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for rGSAs - Rev: 07/09/07 Page 40 of71 CONTRABAND POLICY: ALL DETENTION FACILITIES WILL ENSURE THE PROPER HANDLING AND DISPOSAL OF ALL CONTRABAND. DOCUMENTATION OF CONTRABAND DESTRUCTioN IS REQUIRED. NA COMPONENTS Y REMARKS N The facility follows a written procedure for handling illegal Policies and Procedures Section contraband. Staff inventory, hold, and report it when necessary to the ~ D D 6.06, Recovery of Contraband. proper authority for action/possible seizure. Contraband that is government property is retained as evidence for ~ D D potential disciplinary action or criminal prosecution. Staff returns property not needed as evidence to the proper authority. ~ D D Written procedures cover the return of such property. Confiscated altered property is Altered property is destroyed following documentation and using established procedures. noted in the daily log and the ~ D D detainee behavior log. Before confiscating religious items, the OIC or designated investigator ~ D D contacts a religious authority. Staff follows written procedures when destroying hard contraband that ~ D D is illegal. Hard contraband that is illegal (under criminal statutes) may be retained and used for official use, e.g. training purposes. ~ D D If yes, under specific circumstances and using specified written procedures. Hard contraband is secured when not in use. ~ ACCEPTABLE DDEFICIENT D AT-RISK o REPEAT FINDING REMARKS: Since the construction ofthe new facility, no illegal hard contraband has been confiscated. / April 16, 2009 AUDITOR'S SIGNATURE/DATE b6,b7c b6,b7c b6,b7c ~"'- ,V· FOR OFFICIAL USE ONL Y (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 Page 41 of7l DETENTION FILES POLICY: EVERY FACILITY WILL CREATE A DETENTION FILE FOR EVERY ICE 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. NA COMPONENTS Y REMARKS N A detention file is created for every new arrival whose stay will ~ 0 0 exceed 24 hours. The detainee detention file contains either originals or copies of ~ 0 0 documentation and forms generated during the admissions process. The detainee's detention file also contains documents generated during the detainee's custody. • Special requests 0 0 • 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 detention files are located and maintained in a secure area. If not, the cabinets are lockable and distribution of the keys is limited to 0 ~ 0 supervisors. The detention file remains active during the detainee's stay. When the detainee is released from the facility, staff adds copies of completed 0 ~ 0 release documents, the original closed-out receipts for property and valuables, the original 1-385 or eguivalent, and other documentation. The officer closing the detention file makes a notation that the file is ~ 0 0 complete and ready to be archived. Staff makes copies and sends documents from the file when properly 0 0 ~ requested by supervisory personnel at the receiving facility or office. 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. IZI ACCEPTABLE DDEFICIENT ~ D AT-RISK 0 0 D REPEAT FINDING REMARKS: Detention files will be created for all ICE detainees. Detention files are in a secured area. File accountability procedures are acceptable. / April 16, 2009 b6,b7c AUDITOR'S SIGNATURE / DATE b6,b7c b6,b7c FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs -Rev: 07/09/07 Page 42 of71 DISCIPLINARY POLICY POLICY: ALL FACILITIES HOUSING ICE DETAINEES ARE AUTHORIZED TO IMPOSE DISCIPLINE ON DETAINEES WHOSE BEHAVIOR IS NOT IN COMPLIANCE WITH FACILITY RULES AND REGULATIONS. COMPONENTS Y N NA REMARKS 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 physical exercise The rules of conduct, sanctions, and procedures for violations are defmed in writing and communicated to all detainees verbally and in writing. The following items are conspicuously posted in Spanish and English, and other dominate languages used in the facility: • Rights and Responsibilities • Prohibited Acts • Disciplinary Severity Scale • Sanctions When minor rule violations or prohibited acts occur, informal resolutions are encouraged. Incident reports and Notice of Charges are promptly forwarded to the designated supervisor. ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 Incident reports are investigated within 24 hours of the incident. The Unit Disciplinary Committee (UDC) or equivalent does not convene before an investigation ends. 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 theUDC; • Considers written reports, statements, physical evidence, and oral testimony; • Hears pleadings by detainees and staff representatives; • Bases its fmdings on the preponderance of evidence; and • Imposes only authorized sanctions A staff representative is available if requested for a detainee facing a disciplinary hearing. ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 Detainee Handbook part II., Discipline. The rules were updated during the review to indicate that disciplinary action shall not be capricious or retaliatory. The rules were updated during the review to bring this component in compliance with the standard. Reports are forwarded to the shift sergeant. Incident reports are usually investigated within 24 hours; however, there was no such guidance in policy. This language was added to the disciplinary policy during the review. Informal reprimand, verbal reprimand, and 24-hour disciplinary lockdown are used. During the review, language was added to policy that indicates a staff representative is FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) G-324A Detention Inspection Fonn Worksheet for IGSAs - Rev: 07/09/07 Page 43 of71 DISCIPLINARY POLICY POLICY: ALL FACILITIES HOUSING ICE DETAINEES ARE AUTHORIZED TO IMPOSE DISCIPLINE ON DETAINEES WHOSE BEHAVIOR IS NOT IN COMPLIANCE WITH FACILITY RULES AND REGULATIONS. COMPONENTS Y N NA ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 The facility permits hearing postponements or continuances when conditions warrant such a continuance. Reasons are documented. The duration of punishment set by the OlC, as recommended by the disciplinary panel, does not exceed established sanctions. The maximum time in disciplinary segregation is limited to 60 days for a single offense. Written procedures govern the handling of confidential-informant 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. IZI ACCEPTABLE o DEFICIENT OAT-RISK REMARKS available, if requested, for a detainee facing a disciplinary hearing. Language was added to policy during the review which allowed for the postponement or continuance of a disciplinary hearing. Maximum time spent in disciplinary segregation is 30 days. All records are kept by the Jail Administrator. o REPEAT FINDING REMARKS: Significant amounts oflanguage needed to be added to the disciplinary policy to bring it into compliance with ICE standards. Staff were attentive in addressing these issues. b6,b7c / April 16. 2009 AUDITOR'S SIGNATURE / DATE b6,b7c b6,b7c FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 Page 44 of71 EMERGENCY (CONTINGENCy) PLANS POLICY ALL FACILITIES HOLDING ICE 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 Y NA REMARKS N Policy precludes detainees or detainee groups from exercising control Policy and Procedures section ~ D D 7.05, Emergency Plan. or authority over other detainees. Detainees are protected from: • Personal abuse Policy was updated to include • Corporal punishment language to indicate detainees ~ D D were • Personal injury protected from the • Disease aforementioned punishments. • Property damage • Harassment from other detainees Staff is trained to identify signs of detainee unrest. Policy and Procedures section 2.05, "Training Plan," indicates What type of training and how often? • new hires receive 40 hours of ~ D D orientation and all staff receives 16 hours of subsequent training annually. Staff effectively disseminates information on facility climate, detainee ~ D D attitudes, and moods to the Officer In Charge (0lC) There is a designated person or persons responsible for emergency The Training and Compliance Sergeant reviews and updates plans and their implementation. Sufficient time is allotted to the person ~ D D emergency plans every three or group for development and implementation of the plans. months. The plans address the following issues: • Confidentiality D ~ D • Accountability (copies and storage locations) • Annual review procedures and schedule • Revisions Contingency plans include a comprehensive general section with ~ D D jJ1'ocedures applicable to most emergency situations. The facility has cooperative contingency plans with applicable: This facility has cooperative contingency plans with the • Local law enforcement agencies D local Sheriffs Office, Police ~ D • State agencies Department and Fire and • Federal agencies Ambulance. All staff receives copies of Hostage Situation Management policy and D ~ D procedures. Staff is trained to disregard instructions from hostages, regardless of There was no language to rank. Within 24 hours after release, hostages are screened for medical indicate staff is trained to disregard instructions from and psychological effects. hostages, regardless of rank, and within 24 hours after D release, ~ D hostages are screened for medical and psychological effects. This language was added to the emergency plans during the review. Emergency plans include emergency medical treatment for staff and ~ D D detainees during and after an incident. FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) G-324A Detention Inspection Fonn Worksheet for IGSAs - Rev: 07/09/07 Page 45 of7l EMERGENCY (CONTINGENCy) PLANS POLICY ALL FACILITIES HOLDING ICE DETAINEES WILL RESPOND TO EMERGENCIES WITH APREDETERMINED 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. NA COMPONENTS REMARKS Y N Food service maintains at least 3 days' worth of emergency meals for ~ 0 0 staff and detainees. Written plans identifying Written plans identify locations of shut-off valves and switches for all locations of shut-off valves and utilities (water, gas, electric). ~ 0 0 switches for all utilities, were developed during the review. Written procedures cover: • WorkIFood Strike • Disturbances • Escapes Written procedures were • Bomb Threats updated during the review to • Adverse Weather 0 0 ~ cover all elements in this • Internal Searches component. • Facility Evacuation • Detainee Transportation System Plan • Internal Hostages • Civil Disturbances IZI ACCEPTABLE o DEFICIENT OAT-RISK o REPEAT FINDING REMARKS: This facility has comprehensive Emergency Plans. The written changes in the policy helped to bring the plans into compliance. b6,b7c / April 16. 2009 AUDITOR'S SIGNATURE/DATE b6,b7c b6,b7c ~lcy"- r FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) G-324A Detention Inspection Fonn Worksheet for IGSAs - Rev: 07/09107 Page 46 of71 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 INCOMPATffiLEMATERIALS, AND SAFE-HANDLING PROCEDURES COM1;'ONENTS N NA Y REMARKS The facility has a system for storing, issuing, and maintaining Local policy 7.03 "Dangerous inventories of hazardous materials. Materials" outlines the storage, [gJ 0 0 issuance, and inventories of hazardous materials. Constant inventories are maintained for all flammable, toxic, and [gJ 0 0 caustic substances used/stored in each section ofthe facility. The manufacturer's Material Safety Data Sheet (MSDS) file is up-todate for every hazardous substance used. • The files list all storage areas, and include a plant diagram [gJ 0 0 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: Personal protective equipment is [gJ 0 0 readily available. • Wear personal protective equipment; and Report hazards and spills to the designated official. • The MSDSs are readily accessible to staff and detainees in work areas. [gJ 0 0 ~ Hazardous materials are always issued under proper supervision. • Quantities are limited; and • Staff always supervises detainees using these substances. All "flammable" and "combustible" materials (liquid and aerosol) are stored and used according to label recommendations. Lighting fixtures and electrical equipment installed in storage rooms and other hazardous areas meet National Electrical Code requirements. The facility has sufficient ventilation, and provides and ensures clean air exchanges throughout all buildings. Vents return vents, and air conditioning ducts are not blocked or obstructed in cells or anywhere in the facility. Living units are maintained at appropriate temperatures in accordance with industry standards. (68 to 74 degrees in the winter and 72 to 78 degrees in the summer.) Shower and sink water temperatures do not exceed the industry standard of 120 degrees. All toxic and caustic materials are 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 supervise and account for products with methyl alcohol. Staff receives a list of products containing diluted methyl alcohol, e.g., shoe dye. All such products are clearly labeled. "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. [gJ 0 0 [gJ 0 0 [gJ 0 0 [gJ 0 0 [gJ 0 0 [gJ 0 0 [gJ 0 0 [gJ 0 0 [gJ 0 0 [gJ 0 0 0 [gJ 0 Tours and observations indicate. that the facility meets National Electric Code requirements. Living unit temperatures are monitored via an electronic digital control KMC system. All temperatures are within p]"escribed standards. There is no documented training on the use of flammable, toxic, or caustic materials. FOR OFFICIAL USE ONL Y (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 Page 47 of71 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 INCOMPATffiLE MATERIALS, AND SAFE-HANDLING PROCEDURES NA COMPONENTS REMARKS Y N The facility complies with the most current edition of applicable codes, standards, and regulations of the National Fire Protection 0 0 ~ Association and the Occupational Safety and Health Administration (OSHA). A technically qualified officer conducts the fire and safety inspections. ~ 0 0 The Safety Office (or officer) maintains files of inspection reports. 0 0 ~ The facility has an approved fire prevention, control, and evacuation ~ 0 0 plan. The plan requires: • Monthly fire inspections; • Fire protection equipment strategically located throughout the facility; 0 0 • Public posting of emergency plans with accessible ~ building/room floor plans; • Exit signs and directional arrows; and • An area-specific exit diagram conspicuously posted in the diagrammed area. Fire drills are conducted and documented monthly. The facility does not conduct or 0 ~ 0 document monthly. fire drills. A sanitation program covers barbering operations. 0 ~ 0 The barber shop 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. Standard cleaning practices include: • Using specified equipment; cleansers; disinfectants and detergents. An established schedule of cleaning and follow-up • inspections. ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 Barbering services are via contract with a local licensed barber. Witten procedure for the handling and disposal of used needles and sharps is located in the CHClRisk Management Manual. Standard cleaning practices and procedures are outlined in local policy 8.02 "Sanitation and Waste Disposal." • The facility follows standard cleaning procedures. Spill kits are readily available. ~ 0 0 A licensed medical waste contractor disposes of infectiouslbiohazardous waste. ~ 0 0 Staff is trained to prevent contact with blood and other body fluids and written procedures are followed. ~ 0 0 Blood and body fluid spill kits are available throughout the facility. The facility contracts with Stericycle as a licensed medical waste contractor. FOR OFFICIAL USE ONL Y (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs -Rev: 07/09107 Page 48 of71 ENVIRONMENTAL REALm AND SAFETY 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 REMARKS COMPONENTS Y N NA The facility currently contracts Do the methods for handling/disposing of refuse meet all regulatory [gI requirements? with Waste Management for the 0 0 handling/disposal of refuse. A licensed/Certified/Trained pest-control professional inspects for rodents, insects, and vermin. Professional pest control [gI services are provided by 0 0 • At least monthly. American Pest Control. • The pest-control program includes preventative spraying for indigenous insects. Drinking water and wastewater is routinely tested according to a fixed Drinking water is provided and [gI 0 0 schedule. tested by the local municipali!y__ Emergency power generators are tested at least every two weeks. The emergency generator is not being tested at two-week • Other emergency systems and equipment receive testing at intervals. Also, quarterly least quarterly. [gI 0 0 maintenance from an external • Testing is followed-up with timely corrective actions (repairs generator service company is and replacements). not being completed. POLICY: [8J ACCEPTABLE o DEFICIENT OAT-RISK o REPEAT FINDING REMARKS: All components associated with Environmental Health and Safety were reviewed for compliance with ICE standards and guidelines. Except for those components noted above, there was compliance with ICE expectations. Administrative staff were very proactive in modi1)ring local policy and procedures in order to meet the intent oflCE components and standards. b6,b7c / April 16, 2009 AUDITOR'S SIGNATURE / DATE b6,b7c b6,b7c FOR OFFICIAL USE ONL Y (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 Page 49 of71 HOLD ROOMS IN D~TENTION FACILITIES POLICY: HOLD ROOMS WILL BE USED ONLY FOR TEMPORARY DETENTION OF DETAINEES AWAITING REMOVAL, TRANSFER, EOIR HEARINGS, MEDICAL TREATMENT, INTRA-FACILITY MOVEMENT, OR OTHER PROCESSING INTO OR OUT OF THE FACILITY. Y REMARKS COMPONENTS N NA The hold rooms are situated within the secure perimeter. ~ D D The hold rooms are well ventilated well lighted, and all activating ~ D D switches are located outside the room. The hold rooms contain sufficient seating for the number of detainees ~ D D held. Bunks, cots, beds, or other related make-shift sleeping apparatus are ~ D D precluded from use inside hold rooms. The walls and ceilings of the hold rooms are tamper and escape ~ D D proof. Individuals are not held in hold rooms for more than 12 hours. Inmates are never left in hold ~ D D cells over two hours. Male and females are segregated from each other. D D ~ Detainees under the age of 18 are not held with adult detainees. This facility does not house D juveniles. ~ D Detainees are provided with basic personal hygiene items such as All detainees are provided with water, soap, toilet paper, cups for water, feminine hygiene items, D hygiene packets during the ~ D diapers and wipes. booking process. In older facilities, officers are within visual or audible range to allow ~ D D detainees access to toilet facilities on a regular basis. All detainees are given a pat down search for weapons or contraband ~ D D before being placed in the room. Officers closely supervise the detention hold rooms using direct supervision (Irregular visual monitoring.). All hold rooms receive direct D ~ D supervision by booking staff. • Hold rooms are irregularly monitored every 15 minutes . • Unusual behavior or complaints are noted. When the last detainee has been removed from the hold room, it is D D ~ given a thorough inspection. There is a written evacuation plan that includes a designated officer to remove detainees from hold rooms in case of fire and/or building ~ D D evacuation. An appropriate emergency service is called immediately upon a D D ~ determination that a medical emergency m~ exist. I:ZI ACCEPTABLE DDEFICIENT D AT-RISK D REPEAT FINDING REMARKS: The hold rooms in the booking area are set up for maximum supervision of detainees and other special management detainees. b6,b7c I April 16, 2009 AUDITOR'S SIGNATURE I DATE b6,b7c b6,b7c ~ ~ FOR OFFICIAL USE ONL Y (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 Page 50 of71 KEY AND LOCK CONTROL (SECURITY, ACCOUNTABILITY AND MAINTENANCE) POLICY IT IS THE POLICY OF THE ICE SERVICE TO MAINTAIN AN EFFICIENT SYSTEM FOR THE USE, ACCOUNTABILITY AND MAINTENANCE OF ALL KEYS AND LOCKS. COMPONENTS NA REMARKS Y N The security officer[s], or equivalent in IGSAs, has attended an No staff member has attended approved locksmith training program. D IZI D an approved locksmith training program. The security officer, or equivalent in IGSAs, has responsibly for all The Training and Compliance administrative duties and responsibilities relating to keys, locks etc. Sergeant is responsible for the IZI D D administrative duties and responsibilities relating to keys and locks. The security officer, or equivalent in IGSAs, provides training to IZI D D employees in key control. The security officer, or equivalent in IGSAs, maintains inventories of IZI D D 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 integrity. Only dead bolt or dead lock functions are used in detainee accessible areas. Only authorized locks (as specified in the Detention Standard) are used in detainee accessible areas. Grand master keying systems are prohibited. All worn or discarded keys and locks are cut up and properly disposed of Padlocks and/or chains are prohibited from use 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, Ch. 3; • National Fire Protection Association Life Safety Code 101. The operational keyboard is sufficient to accommodate all the faci!ity key rings, including keys in use, and is located in a secure area. Procedures are in place to ensure that key rings are: • Identifiable; The numbers of keys are cited; and Keys cannot be removed. • IZI D D IZI D D D D IZI IZI D D IZI IZI IZI IZI D D D D D D D IZI D D IZI D D There are no safes at this facility. [ ] • Emergency keys are available for all areas of the facility. The facilities use a key accountability system. Authorization is necessary to issue any restricted key. All locks are inspected monthly by the night shift sergeant. IZI D D IZI IZI IZI D D D D D D Initially, there was nothing in place to ensure keys were identifiable, the number of keys were cited; or that keys cannot be removed. During the review, keys were marked using a metal chit identifying the key ring and number of keys. A key board that corresponded to the key rings was created. Additionally, key rings were soldered closed. There are no restricted keys at FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Fonn Worksheet for IGSAs - Rev: 07/09/07 Page 51 of71 KEY AND LOCK CONTROL (SECURITY, ACCOUNTABILITY AND MAINTENANCE) POLICY IT IS THE POLICY OF THE ICE SERVICE TO MAINTAIN AN EFFICIENT SYSTEM FOR THE USE, ACCOUNTABILITY AND MAINTENANCE OF ALL KEYS AND LOCKS. COMPONENTS Y NA N REMARKS this facility. Individual gun lockers are provided. • They are located in an area that permits constant officer IZl D D observation. • In an area that does not allow detainee or public access. Initially, keys were not The facility has a key accountability policy and procedures to ensure key accountability. The keys are physically counted daily. accounted for daily. The facility set up procedures for the IZl D D accountability of keys on every shift. The language was included in the key and lock policy. 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 Policy and Procedures section employee inadvertently carries a key ring home. 6.10, Control and Inspection of IZl D D • When a key or key ring is lost, misplaced, or not accounted keys, locks and tools. for, the shift supervisor is immediately notified. Detainees are not permitted to handle keys assigned to staff. • IZI ACCEPTABLE DDEFICIENT D AT-RISK D REPEAT FINDING REMARKS: To enhance security, keys are now counted on every shift. No staff member has attended an approved locksmith training program. I April 16, 2009 b6,b7c AUDITOR'S SIGNATURE I DATE b6,b7c b6,b7c ~ Ov FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Fonn Worksheet for IOSAs - Rev: 07/09/07 Page 52 of71 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. NA REMARKS COMPONENTS Y N Counts start at 6:00 am and are Staff conduct a formal count at least once each shift. D D conducted ev~ six hours. ~ Activities cease or are strictly controlled while a formal count is ~ D D being conducted. Certain operations cease during formal counts. ~ D D All movement ceases for the duration of a formal count. D D ~ Formal counts in all units take place simultaneously. ~ D D Detainee participation in counts is prohibited. D D ~ All detainee files with photos A face-to-photo count follows each unsuccessful recount. ~ D D are contained in Central Control. Officers positively identify each detainee before counting him/her as D D ~ present. Written procedures cover informal and emergency counts. D D ~ • Th()), are followed duriI!g informal counts and emeIRencies . Out-counts are kept on the The control officer (or other designated position) maintains an out count record of all detainees temporarily leaving the facility. D D formal count sheet and the ~ control center data base. This training is documented in each officer's training folder. D D ~ IZI ACCEPTABLE DDEFICIENT D AT-RISK D REPEAT FINDING REMARKS: The review team observed the 12:00 pm formal count. The count cleared at 12:15 pm. There were no issues concerning the count. A shift change and subsequent count were observed for the 6:00 pm count. There were no problems noted. April 16, 2009 AUDITOR'S SIGNATURE/DATE b6,b7c b6,b7c b6,b7c \J- tJ- FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09107 Page 53 of71 POST ORDERS POLICY: ICE PROVIDES OFFICERS ALL 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. NA REMARKS COMPONENTS Y N Every fixed post has a set of post orders. Each set contains the latest inserts (emergency memoranda, etc.) and revisions. One individual or department is responsible for keeping all post-orders current with revisions that take place between reviews. ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 0 0 The IGSA maintains a complete set (central file) of post orders. The central file is accessible to all staff. The OIC or Contract / IGSA equivalent initiates/authorizes all postorder changes. The OIC or Contract / IGSA equivalent has signed and dated the last page of every section. A review/updating/reissuing of post orders occurs regularly and at a minimum, annually. Procedures keep post orders and logbooks secure from detainees at all times. Every armed-post officer qualifies with the post weapon(s) before assuming post duty. Armed-post post orders provide instructions for escape attempts. The post orders for housing units track the event schedule. Housing-unit post officers record all detainee activity in a log. The post order includes instructions on maintaining the logbook. [8J ACCEPTABLE o DEFICIENT ~ There are six sets of post orders. Notice of post order changes are written in memo format and distributed to each officer. The Jail Administrator is responsible for post order revisions. A complete set of post orders is maintained in the Training and Compliance Sergeant's office. The Jail Administrator had not signed and dated the last page of every post order. This was accomplished during the review. Policy and Procedures section 2.08, Duty Post and Logs. ~ 0 0 ~ 0 0 ~ 0 0 0 0 ~ b2High 0 ~ b2High ~ 0 0 ~ 0 0 OAT-RISK 0 o The daily activity is recorded in the Jail Mangement System database, accessible to all staff. REPEAT FINDING REMARKS: There were no issues regarding post orders during this review. b6,b7c / April 16, 2009 b6,b7c b6,b7c AUDITOR'S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 Page 54 of71 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 TIIOROUGH GROUNDING IN FACILITY OPERATIONS. REMARKS NA YES No COMPONENTS The facility has a comprehensive security inspection policy. The policy specifies: Posts to be inspected; Policy and Procedures section Required inspection forms; 6.05, Detainee Counts, Checks 0 0 ~ Frequency of inspections; and Facility Inspections. Guidelines for checking security features; and Procedures for reporting weak spots, inconsistencies, and other areas needing improvement Every officer is required to conduct a security check of his/her 0 0 ~ assigned area. The results are documented. Documentation is kept on the Documentation of security inspections is kept on file. Jail Management System data 0 ~ 0 base. Procedures ensure that recurring problems and a failure to take ~ 0 0 corrective action are reported to the appropriate manager. The front-entrance officer checks the ID of everyone entering or 0 ~ 0 exiting the facility. • • • • • All visits are officially recorded in a visitor logbook or electronically recorded. The facility has a secure visitor pass system. ~ 0 0 ~ 0 0 ~ 0 0 ~ ~ ~ ~ ~ 0 0 0 0 0 0 0 0 0 0 Every Control Center officer receives specialized training. The Control Center is staffed around the clock. Policy restricts staff access to the Control Center. Detainees are restricted from access to the Control Center. Communications are centralized in the Control Center. 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; and • Name of employee responsible for the vehicle during the visit 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 sally port. ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 0 0 ~ Master Control logs all visits in the Jail Management System. This facility did not have a visitor pass system; however, this was corrected during the review. Each Control Center Officer receives several shifts of on-thejob training. The only people allowed into the sally port are law enforcement. Deliveries to the loading dock occur outside of the secure perimeter. Delivery vehicles do not enter the secure perimeter. Policy and Procedures sections 6.06 and 6.07, Detainee Searches, Facility Searches. FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) G-324A Detention Inspection Fonn Worksheet for IGSAs - Rev: 07/09/07 Page 55 of71 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. COMPONENTS YES 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 is 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; and • Documenting the results. No NA IZI IZI 0 0 0 0 IZI 0 0 IZI 0 0 IZI 0 0 IZI 0 0 IZI 0 0 Visitation areas receive frequent, irregular inspections. [gI ACCEPTABLE DDEFICIENT D AT-RISK REMARKS Documented as a watch tour in the electronic Jail Management System. Motion alarm sensors in the chase hallways are tested every shift and documented in the electronic Jail Management System. Visits occur via video monitors. The visitors utilize a video monitor room located in the front lobby. A video monitor area is located in each housing unit for the detainees. D REPEAT FINDING REMARKS: Security inspections occur each shift daily, weekly, monthly and quarterly as required. b6,b7c / April 16. 2009 AUDITOR'S SIGNATURE I DATE b6,b7c b6,b7c ~r-- IJ' FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09107 Page 56 of71 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). NA REMARKS COMPONENTS Y N The Administrative Segregation unit provides non-punitive protection from the general population and individuals undergoing Policy and Procedures section disciplinary segregation. ~ 0 0 4.03, Disciplinary Plan. • Detainees are placed in the SMU (administrative) in accordance with written criteria. In exigent circumstances, staff may place a detainee in the SMU A copy ofthe detention order is (administrative) before a written order has been approved. given to the inmate upon 0 0 ~ request. • A copy of the order given to the detainee within 24 hours. The OIC (or equivalent) regularly reviews the status of detainees in administrative detention. 0 0 • 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, and: • Every week thereafter for the first month; and ~ 0 0 • 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 A copy of the decision and review. justification is given to the 0 ~ 0 • The detainee is given an opportunity to appeal the reviewer's inmate upon request. decision to someone else in the facility. The OIC (or equivalent) routinely notifies the Field Office Director (or staff officer in charge of IGSAs) any time a detainee's stay in The FOD has requested administrative detention exceeds 30 days. notification any time a detainee 0 0 is placed into administrative • Upon notification that the detainee's administrative ~ detention. segregation has exceeded 60 days, the FD forwards written notice to HQ Field Operations Branch Chief for DRO. The OIC or equivalent) reviews the case of every detainee who objects to administrative segregation after 30 days in the SMU. The Jail Administrator reviews made of the decision the the administrative status of the written record A is and ~ 0 0 • justification. detainees in detention. • The detainee receives a copy of this record. The detainee is given the right to appeal to the OIC (or equivalent) the conclusions and recommendations of any review conducted after The detainee utilizes the facility ~ 0 0 grievance system. the detainee have remained in administrative segregation for seven consecutive days. Administratively segregated detainees enjoy the same general 0 0 ~ privile&es as detainees in the ~eneral ~opulation. The SMUis: • Well ventilated; 0 ~ 0 • Adequately lighted; Appropriately heated; and • • Maintained in a sanitary condition. All cells are equipped with beds. ~ 0 0 • Every bed is securely fastened to the floor or wall. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 Page 57 of71 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 N NA Y REMARKS The number of detainees in any cell does not exceed the occupancy limit. Only two detainees per cell in • When occupancy exceeds recommended capacity, do basic ~ 0 0 living standards decline? Administrative Detention. • Do criteria for objectively assessing living standards exist? • If yes, are the criteria included in the written procedures? The segregated detainees have the same opportunities to exchange/launder clothing, bedding, and linen as detainees in the 0 ~ 0 general population. Detainees receive three nutritious meals per day, from the general population's menu of the day. 0 0 ~ • Do detainees eat only with disposable utensils? • Is food ever used as p_unishment? Each detainee maintains a normal level of personal hygiene in the SMU. All of these activities are recorded in the Detainee 0 0 • The detainees have the opportunity to shower and shave at ~ least three times a week. Behavior Log. If not, explain. • The detainees are provided: • Barbering services; • Recreation privileges in accordance with the "Detainee Recreation" standard; Non-legal reading material; • Religious material; 0 0 ~ • • The same correspondence privileges as detainees in the general population; • Telephone access similar to that of the general population; and Personal legal material. • A health care professional visits every detainee at least three times a Procedures were developed and week. implemented requiring a health care professional to visit every The shift supervisor visits each detainee daily. • detainee three times a week in ~ 0 0 • Weekends and holidays. Administrative Detention. This procedure was developed the week prior to the review. Procedures comply with the "Visitation" standard. Administrative Detention detainees have visits when the • The detainee retains visiting privileges; and ~ 0 0 other detainees are locked The visiting room is available during normal visiting hours. • down. Visits from clergy are allowed. 0 0 ~ Detainees have the same law-library access as the general population. Detainees request legal • Are they required to use the law library ~Separately, or materials through the Programs 0 0 ~ DAsagroup? Manager. • Are legal materials brought to them? The SMU maintains a permanent log of detainee-related activity, 0 0 ~ e.g., meals served, recreation, visitors etc. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 Page 58 of71 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 Y N NA REMARKS SPC procedures include completing the SMU Housing Record (1888) immediately upon a detainee's placement in the SMU. All activities are recorded on the electronic Jail Management D D ~ • Staff completes the form at the end of each shift. System. and IGSA (or facilities use Form 1-888 local • CDFs equivalent). Staff record whether the detainee ate, showered, exercised, and took any applicable medication during every shift. • Staff logs record all pertinent information, e.g., a medical condition, suicidal/assaultive behavior, etc; All activities are recorded on the ~ D D Inmate Behavior Log. The medical officerlhealth care professional signs each • individual's record during each visit; and • The housing officer initials 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. D D • The weekly records are retained in the SMU until the ~ detainee's return to the_general p~ulation. [g] ACCEPTABLE o DEFICIENT OAT-RISK o REPEAT FINDING REMARKS: Administrative Detention is designed for maximum supervision of these detainees. b6,b7c / April 16, 2009 AUDITOR'S SIGNATURE / DATE b6,b7c b6,b7c FOR OFFICIAL USE ONL Y (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Fonn Worksheet for IGSAs - Rev: 07/09107 Page 59 of71 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 Y N NA REMARKS Policy and Procedures section Officers placing detainees in disciplinary segregation follow written ~ D D 4.03, Disciplinary Plan. procedures. The sanctions for violations committed during one incident are The maximum sanction is 30 ~ D D days. limited to 60 days. A completed Disciplinary Segregation Order accompanies the The Disciplinary Segregation detainee into the SMU. Order is provided to the ~ D D • The detainee receives a copy of the order within 24 hours of detainee upon request. placement in disciplinary segregation. Standard procedures include reviewing the cases of individual detainees housed in disciplinary detention at set intervals. These decisions are placed in ~ D D the detainee file. After each formal review, the detainee receives a written copy • of the decision and supportin~ reasons. The conditions of confmement in the SMU are proportional to the ~ D D amount of control necessary to protect detainees and staff. Detainees in disciplinary segregation have fewer privileges than D D ~ those housed in administrative segregation. Living conditions in disciplinary SMUs remain the same regardless of behavior. D D • If no, does staff prepare written documentation for this ~ action? • Does the OIC sign to indicate !lJJprovai. Every detainee in disciplinary segregation receives the same humane D D ~ treatment, regardless of offense. The quarters used for segregation are: • Well-ventilated. • Adequately lighted. D D ~ • Appropriately heated. • Maintained in a sanitary condition. All cells are equipped with beds that are securely fastened to the floor or wall of the cell. The number of detainees confmed to each cell or room is limited to the number for which the space was designate. • Does the OIC approve excess occupancy on a temporary basis? When a detainee is segregated without clothing, mattress, blanket, or pillow (in a dry cell setting), 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 clothing, bedding, etc., as other detainees. Detainees in the SMU receive three nutritious meals per day, selected from the Food Service's menu ofthe 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. Detainees receive, unless documented as a threat to security: • Barbering services; ~ D D ~ D D One detainee per cell. ~ D D This facility has the capability to shut off the water to each cell in a dry cell setting. ~ D D ~ D D ~ D D ~ D D FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 Page 60 of71 SPECIAL MANAGEMENT UNIT DISCIPLINARY SEGREGATION POLICY: EACH FACILITY WILL ESTABLISH A SPECIAL MANAGEMENT UNIT IN WHICH TO ISOLATE CERTAIN DETAINEES FROM THE GENERAL POPULATION. nrn SPECIAL MANAGEMENT UNIT WILL HAVE TWO SECTIONS, ONE FOR DETAINEES IN ADMINISTRATIVE SEGREGATION; THE OTHER FOR DETAINEES BEING SEGREGATED FOR DISCIPLINARY REASONS. REMARKS NA Y N COMPONENTS Recreation privileges; • • Other-than-legal reading material; • Religious material; • The same correspondence privileges as other detainees; and • Personal legal material. When phone access is limited by number or type of calls, the following areas are exempt: Each sally port has a phone. If • Calls about the detainee's immigration case or other legal this phone malfunctions, there is matters; D D ~ also a portable phone that can be • Calls to consular/embassy officials; and placed into the cell. • Calls during family emergencies (as determined by the OIC/Warden). Procedures were developed and A health care professional visits every detainee in disciplinary implemented requiring health segregation every week day. care professionals to visit The shift supervisor visits each segregated detainee daily ~ D D detainees in Disciplinary Weekends and holidays. • Segregation daily. Detainees in Disciplinary SMU detainees are allowed visitors, in accordance with the Segregation are allowed visits "Visitation" standard. ~ D D when the other detainees are locked down. SMU detainees receive legal visits, as provided in the "Visitation" standard. D D • Legal service providers are notified of security concerns ~ arising before a visit. Visits from clergy are allowed. • The clergy member is given the option of visiting/not visiting the segregated detainee. D D • Violent/uncooperative detainees are 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 materials are requested Legal material brought to individuals in the SMU on a case• ~ D D through the Programs Manager. by-case basis. • Staff documents every incident of denied access to the law library. All detainee-related activities are documented, e.g. meals served, ~ D D recreation activities, visitors, etc. The SPC's, the Special Management Housing Unit Record (l-8880r equivalent), is prepared as soon as the detainee is placed in the SMU. AIl activities are recorded on the electronic Jail Management • All I-888s are filled out by the end of each shift. ~ D D System. • The CDF/IGSA facility use Form. • 1-888 (or equivalent local form). • FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) G-324A Detention Inspection Fonn Worksheet for IGSAs - Rev: 07/09107 Page 61 of7l 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 SECfIONS, ONE FOR DETAINEES IN ADMINISTRATIVE SEGREGATION; THE OTHER FOR DETAINEES BEING SEGREGATED FOR DISCIPLINARY REASONS. COMPONENTS Y N NA REMARKS SMU staff record 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. These activities are recorded in ~ D D the Inmate Behavior Log. 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. IZI ACCEPTABLE DDEFICIENT D AT-RISK D REPEAT FINDING REMARKS: Procedures were developed and implemented requiring health care professionals to visit detainees in Disciplinary Segregation daily. It is important for qualified health professionals to visit inmates in Disciplinary Segregation daily and document visits. b6,b7c / April 16, 2009 AUDITOR'S SIGNATURE I DATE b6,b7c i LI--. b6,b7c FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) G-324A Detention Inspection Fonn Worksheet for IGSAs - Rev: 07/09/07 Page 62 of71 TOOL CONTROL POLICY: IT IS THE POLICY OF ALL FACILITIES TIIAT ALL EMPLOYEES SHALL BE RESPONSmLE 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 Y N NA REMARKs There is an individual who is responsible for developing a tool control The Training and Compliance procedure and an inspection system to insure accountability. Sergeant is responsible for ~ D D developing tool control procedures. Department heads are responsible for implementing this standard in The Food Administrator and their departments. Medical Administrator have ~ D D implemented standards for their staffto follow. Tool inventories are required for the: Food Service has an inventory of all knives and scissors. All • Maintenance Department; syringes are inventoried and • Medial Department; accounted for in the hospital. • Food Service Department; ~ D D Originally, the storage cabinet • Electronics Shop; for syringes was not locked but • Recreation Department; and a lock was placed on the cabinet • Armory. during the review. The facility has a policy for the regular inventory of all tools. Tools and equipment are only kept in Food Service and the • The policy sets minimum time lines for physical inventory Medical Department. There are and all necessary documentation. ~ D D no other tools inside the • ICE facilities use AMIS bar code labels when required. institution. Routine maintenance is provided by county maintenance workers. The facility has a tool classification system. Tools are classified according to: The facility is working on a D ~ D Restricted (dangerous/hazardous); and classification system. • Non-Restricted (non-hazardous). • Department heads are responsible for implementing tool-control ~ D D procedures. The facility has policies and procedures in place to ensure that all tools D ~ D Tools are not marked. are marked and readily identifiable. The facility has an approved tool storage system. Food Service knives and • The system ensures that all stored tools are accountable. scissors are placed on a secured ~ D D • Commonly used tools (tools that can be mounted) are shadow board. stored in such a way that missing tool is readily notice. Each facility has procedures for the issuance of tools to staff and ~ D D detainees. The facility has policies and procedures to address the issue of lost tools. The policy and procedures include: Procedures were added to the • Verbal and written notification; tool control policy during the ~ D D • Procedures for detainee access; and review. • Necessary documentation/review for all incidents of lost tools. Broken or worn out tools are surveyed and disposed of in an Policy does not indicSlte appropriate and secure manner. procedures for survey of worn D ~ D out tools. The facility is developing a policy to address FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Fonn Worksheet for IGSAs - Rev: 07/09107 Page 63 of71 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 Y N NA All private or contract repairs and maintenance workers under contract to ICE, or other visitors, submit an inventory of all tools prior to admittance into or departure from the facility. ~ 0 0 IZI ACCEPTABLE o DEFICIENT OAT-RISK o REMARKS this issue. Procedures for the accountability of tools were develoIJed during this review. REPEAT FINDING REMARKS: While the facility failed to meet specific component areas noted above, policy and procedures are under development and full compliance with ICE standards is anticipated by the time detainees arrive. b6,b7c / April 16, 2009 AUDITOR'S SIGNATURE / DATE b6,b7c b6,b7c ~ 0'" FOR OFFICIAL USE ONL Y (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 Page 64 of71 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 ICE 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. I2l STANDARD NA: CHECK THIS BOX IF ALL ICE TRANSPORTATION IS IIANDLED ONLY BY THE ICE FIELD OFFICE OR SUB-OFFICE IN CONTROL OF THE DETAINEE CASE. COMPONENTS Transporting officers comply with applicable local, state, and federal motor vehicle laws and regulations. Records support this fmding of comI>iiance. Every transporting officer required to drive a commercial size bus has a valid Commercial Driver's License (CDL) 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; and Deficiencies are corrected before the vehicle goes 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-exceeding the 10-hour limit. Two officers with valid CDLs required in any bus transporting detainees. When buses travel in tandem with detainees, there are two qualified officers per vehicle. An unaccompanied driver may transport 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 vehicle by staff controlling the bus or vehicle. The facility ensures that the number of detainees transported does not exceed the vehicles manufacturer's occupancy 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. Officers ensure that no one contacts the detainees. One officer remains in the vehicle at all times when detainees are present. YES No NA 0 0 I2l 0 0 I2l [] 0 I2l 0 0 I2l • 0 0 I2l • 0 0 I2l [J 0 0 0 ~ ~ I2l [] 0 0 I2l I2l 0 0 I2l 0 0 I2l 0 0 I2l • • REMARKS • • • • • • 0 0 0 FOR OFFICIAL USE ONL Y (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09107 Page 65 of71 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 ICE 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. ~ STANDARD NA: CHECK THIS BOX IF ALL ICE TRANSPORTATION IS HANDLED ONLY BY THE ICE FIELD OFFICE OR SUB-OFFICE IN CONTROL OF THE DETAINEE CASE. COMPONENTS YES REMARKS No NA Meals are provided during long distance transfers. • The meals meet the minimum dietary standards, as identified D ~ D by dieticians utilized by ICE. 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 discrepancies with the Food Service representative; Basins, latrines, and drinking-water containers/dispensers are • cleaned and sanitized on a fixed schedule. Vehicles have: • Two-way radios; • Cellular telephones; and • 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; • Inspected; and • Accomp_anies 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 includes women or minors o ACCEPTABLE o DEFICIENT D D ~ D D ~ D D ~ D D ~ D D ~ OAT-RISK o REPEAT FINDING REMARKS: This facility does not have ICE detainees. A comprehensive transportation policy and procedure will need to be developed once the facility starts receiving detainees. / April 16, 2009 AUDITOR'S SIGNATURE / DATE b6,b7c b6,b7c b6,b7c t'J'd v FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs -Rev: 07/09107 Page 66 of71 USE OF FORCE POLICY: THE U.S. DEPARTMENT OF HOMELAND SECURITY 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 MAYBE EMPWYED WHEN THE DETAINEE: NA REMARKS COMPONENTS YES No Written policy authorizes staff to respond in an immediate-use-ofPolicy and Procedures section 0 0 ~ 6.11, Use of Force. 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 0 0 ~ must try to resolve the situation without resorting to force. Written policy asserts that calculated rather than immediate use of ~ 0 0 force is feasible in most cases. The facility subscribes to the prescribed Confrontation Avoidance Procedures. 0 0 • Ranking detention official, health professional, and ~ others confer before every calculated use of force. The local Sheriffs Department When a detainee must be forcibly moved and/or restrained, and there SWAT team is responsible for is time for a calculated use of force, staff uses the Use-of-Force Team all calculated uses of force. Technique. 0 0 ~ They are trained in the Use-ofUnder staff supervision. • Force Team technique. This training was implemented Staff members are trained in the performance of the Use-of-Force into the facility's 16 hours of Team Technique. 0 ~ 0 annual training. All use-of-force incidents are documented and reviewed. 0 ~ 0 Staff: • Do not use force as punishment; • Attempt to gain the detainee's voluntary cooperation before resorting to force; Use only as much force as necessary to control the 0 0 ~ • detainee; and • Use restraints only when other non-confrontational means, including verbal persuasion, have failed or are impractical. During the review, language Medication may only be used for restraint purposes when authorized was incorporated into the Use of by the Medical Authority as medically necessary. 0 0 Force policy to bring this ~ component in compliance. Use-of-Force Team follows written procedures that attempt to prevent 0 0 ~ injury and exposure to communicable disease(s). Standard procedures associated with using four-point restraints include: A restraint chair is utilized in • Soft restraints (e.g., vinyl); the in-take area and mainly used • Dressing the detainee appropriately for the temperature; for detainees coming off ofthe • A bed, mattress, and blanket/sheet; street who are under the 0 ~ 0 • Checking the detainee at least every 15 minutes; influence of alcohol or • Logging each check; narcotics. They are checked • Turning the bed-restrained detainee often enough to every 15 minutes and the checks prevent soreness or stiffuess; are logged in the post log. • Medical evaluation of the restrained detainee twice per eight-hour shift; and FOR OFFICIAL USE ONL Y (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 Page 67 of71 USE OF FORCE POLICY: THE U.S. DEPARTMENT OF HOMELAND SECURITY 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 MAYBE EMPLOYED WHEN THE DETAINEE: COMPONENTS YES NA No REMARKS When is not immediately qualified medical staff • available, staff position the detainee "face-up". The shift supervisor monitors the detainee's position/condition every Language was added to policy two hours. to indicate a shift supervisor ~ 0 0 will check the detainee's He/she allows the detainee to use the rest room at these • condition every two hours. times under safeguards. All detainee checks are logged. ~ 0 0 In immediate-use-of-force situations, staff contacts medical staff once ~ 0 0 the detainee is under control. When the OIC authorizes use of non-lethal weapons: There was no language in the Medical staff is consulted before staff use pepper policy for the orc to authorize • spray/non-lethal weapons. ~ 0 0 the use of non-lethal weapons. This language was included • Medical staff reviews the detainee's medical file before during the review. use of a non-lethal weapon is authorized. Special precautions are taken when restraining pregnant detainees. Language was added to policy to indicate special precautions • Medical personnel are consulted ~ 0 0 need to be taken when restraining female inmates. Protective gear is worn when restraining detainees with open cuts or Protective gear includes rubber ~ 0 0 wounds. gloves and facemasks. Staff documents every use of force and/or non-routine application of ~ 0 0 restraints. It is standard practice to review any use of force and the non-routine The use of force policy indicates application of restraints. the Sheriff, Jail Administrators, 0 ~ 0 and the ore review any use of force. All officers receive training in self-defense, confrontation-avoidance techniques and the use of force to control detainees. 0 0 • Specialized training is given and Officers are certified in ~ all devices they use. In SPCs, is the Use of Force form is used? In other facilities (IGSAs / Use offorce situations are CDFs) is this form or its equivalent used? documented on an incident 0 0 ~ report. D ACCEPTABLE DDEFICIENT D AT-RISK D REPEAT FINDING REMARKS: The staff at this facility do not recall a specific incident of a calculated use of force; however, procedures are in place should the situation arise. Tasers are utilized at the facility. Taser use is limited to detention staff trained in their operation by certified instructor. Taser use is authorized to control detainees exhibiting violent or threatening behavior. The facility has a policy regarding the use oftasers. / April 16, 2009 AUDITOR'S SIGNATURE / DATE b6,b7c b6,b7c FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 Page 68 of71 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 Y NA REMARKS N The ICE Field Office Director ensures that weekly announced and The facility is not currently under ICE contract. The facility unannounced visits occur at the IGSA. is aware of this standard. ICE officials indicate ICE staffwill 0 0 IZl conduct announced and unannounced visits once the contract is approved and ICE detainees are in place. Detention and Deportation Staff conduct scheduled weekly visits with The facility is not currently 0 0 IZl under ICE contract. detainees held in the IGSA. Scheduled visits are posted in ICE detainee areas. The facility is not currently 0 0 IZl under ICE contract. Visiting staff observe and note current climate and conditions of The facility is not currently confmement at each IGSA. under ICE contract. 0 0 IZl Observations and visits will be conducted once detainees are housed at the facility ICE information request Forms are available at the IGSA for use by There are no detainees currently at the facility. Only local ICE detainees. !=] 0 IZl information request forms are available. The IGSA treats detainee correspondence to ICE staff as Special The facility is aware of this Correspondence. standard and will comply with 0 0 IZl the standard once ICE detainees arrive. The facility is aware of this ICE staff responds to a detainee request from an IGSA within 72 standard and will comply with hours. 0 0 IZl the standard once ICE detainees arrive. ICE detainees are notified in writing upon admission to the facility of The facility is aware of this standard and will comply with their right to correspond with ICE staff regarding their case or 0 0 IZl the standard once ICE detainees conditions of confmement. arrive. IZI ACCEPTABLE o DEFICIENT OAT-RISK o REPEAT FINDING REMARKS: ICE staff will respond to detainee needs and requests per the standard once an ICE contract has been established. b6,b7c I April 16, 2009 AUDlTOR'SSIGNATURE/DATE b6,b7c b6,b7c ~ ()' / FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 Page 69 of71 DETAlNEETRANSFERSTANDARD POLICY: ICE WILL MAKE ALL NECESSARY NOTIFICATIONS WHEN A DETAINEE IS TRANSFERRED. IF A DETAINEE IS BEING TRANSFERRED VIA THE JUSTICE PRISONER ALIEN TRANSPORTATION SYSTEM (JPATS), ICE WILL ADHERE TO JPATS PROTOCOLS. IN DECIDING WHETHER TO TRANSFER A DETAINEE, ICE WILL TAKE INTO CONSIDERATION WHETHER THE DETAINEE IS REPRESENTED BEFORE THE IMMIGRATION COURT. IN SUCH CASES, THE FIELD OFFICE DIRECTOR WILL CONSIDER THE DETAINEE'S STAGE WITHIN THE REMOVAL PROCESS, WHETHER THE DETAINEE'S ATTORNEY IS LOCATED WITHIN REASONABLE DRIVING DISTANCE OF THE FACILITY, AND WHERE THE IMMIGRATION COURT PROCEEDINGS ARE TAKING PLACE. COMPONENTS Y N NA REMARKS When a detainee is represented by legal counselor a legal representative, and a G-28 has been filed, the representative of record is notified by the detainee's Deportation Officer. • The notification is recorded in the detainee's file; and • When the A File is not available, notification is noted within DACS Notification includes the reason for the transfer and the location of the new facility. The deportation officer is allowed discretion regarding the timing of the notification when extenuating circumstances are involved. The attorney and detainee are notified that it is their responsibility to notLfy family members regarding a transfer. Facility policy mandates that: • Times and transfer plans are never discussed with the detainee prior to transfer; • The detainee is not notified of the transfer until immediately prior to departing the facility; and • The detainee is not permitted to make any phone calls or have contact with an~ detainee in the generalpopulation. The detainee is provided with a completed Detainee Transfer Notification Form. Form G-391 or equivalent authorizing the removal of a detainee from a facility is used. For medical transfers: • The Detainee Immigration Health Service (or IGSA) (DIHS) Medical Director or designee approves the transfer; • Medical transfers are coordinated through the local ICE office; and • A medical transfer summary is completed and accompanies the detainee. Detainees in ICE facilities having DIHS staff and medical care are transferred with a completed transfer summary sheet in a sealed envelope with the detainee's name and A-number, and the envelope is marked Medical Confidential. For medical transfers, transporting officers receive instructions regarding medical issues. Detainee's funds, valuables, and property are returned and transferred with the detainee to his/her new location. Transfer and documentary procedures outlined in Section C and Dare followed. Meals are provided when transfers occur during normally schedule meal times. An A File or work folder accompanies the detainee when transferred to a different field office or sub-office. Files are forwarded to the receiving office via overnight mail no later than one business day following the transfer. _ o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09107 Page 70 of71 DETAINEE TRANSFER STANDARD POLICY: ICE WILL MAKE ALL NECESSARY NOTIFICATIONS WHEN A DETAINEE IS TRANSFERRED. IF A DETAINEE IS BEING TRANSFERRED VIA THE JUSTICE PRISONER ALIEN TRANSPORTATION SYSTEM (JPATS), ICE WILL ADHERE ToJPATS PROTOCOLS. IN DECIDING WHETHER TO TRANSFER A DETAINEE, ICE WILL TAKE INTO CONSIDERATION WHETHER THE DETAINEE IS REPRESENTED BEFORE THE IMMIGRATION COURT. IN SUCH CASES, THE FIELD OFFICE DIRECTOR WILL CONSIDER THE DETAINEE'S STAGE WITHIN THE REMOVAL PROCESS, WHETHER THE DETAINEE'S ATTORNEY IS LOCATED WITHIN REASONABLE DRIVING DISTANCE OF THE FACILITY, AND WHERE THE IMMIGRATION COURT PROCEEDINGS ARE TAKING PLACE. y COMPONENTS N NA REMARKS I I !2J ACCEPTABLE DDEFICIENT D I I AT-RISK I I I I D REPEAT FINDING REMARKS: The facility is not currently under ICE contract. ICE detainee releases b6,b7c I April 16, 2009 AUDITOR'S SIGNATURE I DATE b6,b7c b6,b7c wiII be coordinated through ICE staff. ~9-()V FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 Page 71 of71 Office ofDetention and Removal Operations u.s. Department of Homeland Security 500 12''' Street, SW Washington, DC 20536 u.s. Immigration and Customs Enforcement MEMORANDUM FOR: Scott Baniecke Field Office Director St. Paul Field Office JUN 102009 ~~ I- FROM: Robert P. Helwig Assistant Director for Management SUBJECT: Freeborn County Adult Detention Center Initial Review The initial review of the Freeborn County Adult Detention Center, conducted on April 14-16, 2009, in Albert Lea, Minnesota, has been received. The Review Authority has assigned an interim rating of Deficient due to the use of Electro Muscular Disruption Devices (EMDDs) in this facility; otherwise a rating of "Acceptable" would have been assigned. The policy regarding the use of EMDDs is being revised and no Plan of Action is required at this time. The G-324A worksheets provided by the Reviewer-in-Charge (RIC) indicated the facility did not have any deficient standards. However, the Review Authority is requiring a Plan of Action for the deficient items identified in the review worksheets under the Correspondence and Other Mail, Food Service, Funds and Personal Property, Detainee Telephone Access, Hunger Strikes, Environmental Health and Safety, Key and Lock Control, and Tool Control standards. These issues must be corrected prior to placement of Immigration and Customs Enforcement (ICE) b6 COTR, on detainees. Drafts of the review documents were provided to April 21, 2009, for dissemination to the Field Office. The rating was based on the RIC Summary Memorandum and supporting documentation. The Field Office Director must remedy the deficient standards, and initiate the following actions in accordance with the Detention Management Control Program (DMCP): 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 ofthe Form G-324A Detention Facility Review Form, the G-324A Worksheet, RIC Summary Memorandum, and a copy of this memorandum. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) www.ice.gov Subject: Freeborn County Adult Detention Center Initial Review Page 2 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) The Field Office Director is responsible for initiating the Office of Detention and Removal Detention Services Contract!Agreement Request. 4) Once an Intergovernmental Service Agreement is in place, the Field Office Director shall request HQ/DSCU to schedule a subsequent review within 90 days after placement of ICE detainees. The Field Office is responsible for assisting the facility to respond to the ICE findings when assistance is requested. Notification to the facility shall include information that this assistance is available. Should your staff have any questions regarding this matter, please contact (b)(6), (b)(7)c Acting Deputy Assistant Director, Detention Management Division at (202) 732- b6 . cc: Official File ICE:HQDRO:VFranco:2-3457:4/27/09 b2High FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) www.ice.gov • • HEADQUARTERS EXECUTIVE REVIEW I Review Authority The signature below constitutes review of this report and acceptance by the Review Authority. OIC/CEO will have 30 days from receipt of this report to respond to aU findings and recommendations. HQDRO EXECUTIVE REVIEW: (please Print Name) Signature Jf---- Robert P. Helwig Title Assistant Director for Management Final Rating: r~ Date 0 61(~1 Zv,lJ Superior o Good o Acceptable ~ Deficient OAt-Risk o No Rating Comments: The Review Authority has downgraded the recommended rating of "Acceptable" to "Deficient" due to the use of Electro Muscular Disruption Devices (EMDDs). No Plan of Action is required in regard to the use ofEMDDs. A Plan of Action is required to address the deficiencies in the Correspondence and Other Mail, Food Service, Funds and Personal Property, Detainee Telephone Access, Hunger Strikes, Environmental Health and Safety, Key and Lock Control, and Tool Control standards. FormG-324A FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)