ICE Detention Standards Compliance Audit - Monterey Park City Jail, Monterey, CA, ICE, 2007
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Office (jf Detention alld Removal Operations U.S. Del}lutment of Homeland Security 425 I Street. N\V Washington. DC 20536 U.S. Immigration and Customs Enforcement JUL 1 3 2007 MEMORANDUM FOR: James T. Hayes Jr. Field Office Director b6, b7c FROM: Chief, Detention SUBJECT: Compliance Unit Monterey Park City Jail Annual Detention Review The annual review of the Monterey Park City Jail was conducted on June 6, 2007 in Monterey Park, California has been received. A final rating of Acceptable has been assigned. The G324A worksheets provided by the Reviewer-in-Charge (RIC) indicated the facility was noncompliant with Access to Medical Care Standard. The rating was based on the RIC Summary Memorandum and supporting documentation. The Field Office Director must now 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 of the Form G-324B, Detention Facility Review Form, the G-324B Worksheet, RIC Summary Memorandum, and a copy of this memorandum. 2) The Field Office Director is responsible for ensuring that the facility responds to all findings and a Plan of Action is submitted to the Review Authority (RA) within 30 days. 3) The RA will advise the Field Office Director once the Plan of Action is approved. 4) Once a Plan of Action is approved, the Field Office Director shall schedule and followup on the above noted deficiencies within 90 days. The RIC is responsible for assisting the Intergovernmental Service Agreement (IGSA) facility to respond to U.S. Immigration and Customs Enforcement findings when assistance is requested. Notification to the facility shall include information that this assistance is available. www.ice.gov SUBJECT: Monterey Park City Jail Annual Detention Review Page 2 Should you or your staff have any questions regarding this matter, please contact b6, b7c Detention and Deportation Officer, Detention Management Division at b2 high (202) 732cc: Official File b2 high, (b)(6), (b)(7)c • Of/h'e 01 Detention ([nd Removal Operations LS. Department of Homeland ScwritJ 425 I Street. NW Washingron. DC 20536 June 18, 2007 MEMORANDUM FOR: John P. Torres Director Office of D FROM: b6, b7c b6, b7c Immigration Los Angeles Field Office SUBJECT: Monterey Park City Jail Annual Detention Review The Los Angeles Field Office, Office of Detention and Removal conducted a detention review of the Monterey Park City Jail on June 6, 2007. This review was conducted by IEA O. Reyna and SIEA b6, b7c . This facility is used for detainees requiring housing less than 72 hours. Type of Review: This review is a scheduled Operational Review to determine general compliance with established Immigration and Customs Enforcement (ICE) National Detention Standards. The last review ofthis facility was on June 19,2006. All worksheets and working papers are maintained in the appropriate file system and are available for the review by the Review Authority. Review Summary: The Monterey Park City Jail has been used by ICE for housing less than 72 hours since August of 1998. This facility is not currently accredited. Monterey Park City Jail operates under the guidelines of title 15 (minimum standard for local detention facilities). Review Findings: The following information summarizes those standards not in compliance. Each standard is identified and a short summary provided regarding standards or procedures not currently in compliance. Compliant Deficient At-Risk Non-Applicable - 24 1 0 3 Subject: Annual Detentiontview Report Page 2 • Standards Summary Findings: Medical Care - Deficient During last year review the reviewer noted that their was no trained medical personnel within the jail, which resulted in a deficient rating. Monterey Park City Jail has several factors that would mitigate the results of the facility. All detainees are pre-screened by (PHS) Public Health Service while at the Santa Ana Staging facility. If a detainee is identified as needing medical care, they are not sent to Monterey Park City Jail. All jail staff at Monterey Park City Jail are trained in and maintain celiification for first aid and CPR in the event of an emergencies. There is a hospital with an Emergency Room approximately a mile away, and the fire department / paramedics are physically located in an adjoining building, immediately next door to the jail and can respond rapidly. RIC Observations: BEST PRACTICE: The facility have developed a computer system that enables the jailer to view all aspects of each inmate while incarcerated. When the June 6, 2007 inspection was performed, the facility was empty of ICE detainees. RIC Issues and Concerns Upon receipt of the Incident Summary worksheet, the reviewer noted that there were no incidents in any category during the year. This was discussed with the staff and it was determined that the information was correct. Recommended Rating and Justification: It is the Reviewer in Charge recommendation that the facility receive a rating of "Acceptable". It is the recommendation of the RIC that no plan of action is required and this review should be closed. RIC Assurance Statement: All findings ofthis review have been documented on Form G-324B and are supported by the written documentation contained in the review file. 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 all findings and recommendations. HQDRO EXECUTIVE REVIEW: (Please Print Name) Sig/ b6, b7c b6, b7c Title Daty Jut 1 3 2001 Chief Final Rating: D Superior DGood IZI Acceptable D Deficient D At-Risk D No Rating Comments: The G-324A worksheets provided by the Reviewer-in-Charge (RIC) indicated the facility was noncompliant with Access to Medical Care Standard. Form G-324A (Rev. 811/01) No Prior Version May Be Used After 12/31101 • • Department Of Homeland Security Immigration and Customs Enforcement G. Accreditation Certificates List all State or National Accreditation[ s] received: e of Facility Reviewed ICE Intergovernmental Service Agreement ICE Staging Facility (12 to 72 hours) ~ Check box if facility has no accreditation[ s] B. Current Facility Review Type of Facility Review ~ Field Office D HQ Review Date[s] of Facility 06/0612007 H. Problems 1 Complaints (Copies must be attached) The Facility is under Court Order or Class Action Finding D Court Order D Class Action Order The Facility has Significant Litigation Pending D Major Litigation D Life/Safety Issues ~ Check if None. C. Previous/Most Recent Facility Review Date[ s] of Last Facility Review 0611912006 Previous Rating ~ Acceptable D Deficient D At-Risk D 1. Facilitv . History. Date Built 1980 Date Last Remodeled or Upgraded N/A N arne and Location of Facilitv Name Monterey Park City Jail Address (Street and Name) 320 West Newmark Avenue City, State and Zip Code Monterey Park, CA. 91754 County Los Angeles Name and Title of Chief Executive Officer (Warden/OIC/Superintendent) Chief b6, b7c Telephone # (Include Area Code) ( 626 ) 307 b6, b7c Field Office / Sub-Office (List Office with oversight responsibilities) Los Angeles Field Office Distance from Field Office 31 miles E ICE Information Name of Reviewer In Charge (Last, Title and Duty Station) b6, b7c / IEA / SPP Name of Team Member / Title / Duty Location 1 SIEA 1 SPP b6, b7c Name of Team Member / Title 1 Duty Location 1 1 Name of Team Member 1 Title 1 Duty Location 1 1 F CDF/IGSA Information Only Contract Number I Date of Contract or IGSA 08-01-98 12-98-0030 Basic Rates per Man-Day $75.00 per day Other Charges: (If None, Indicate N/A) N/A; , , Estimated Man-days Per Year 2000 Detention Facility Inspection Form Facilities Used Under 72 hours Date New Construction 1 Bedspace Added N/A Future Construction Planned DYes ~No Date: Current Bedspace I Future Bedspace (# New Beds only) 24 Number: 0 Date: J. Total Facility Population Total Facility Intake for previous 12 months 1133 Total ICE Mandays for Previous 12 months 1427 K. Classification Level (ICE SPCs and CDFs Only) L-l L-2 L-3 N/A I Adult Male N/A N/A I Adult Female N/A N/A N/A L F aCII Tt y C a Jacity Operational Rated Emergency Adult Male 24 24 24 Adult Female 0 0 0 D Facilitv holds Juveniles Offenders 16 and older as Adults . A verage D al'1 y PopuI atlOn ICE I Adult Male 1 I Adult Female 0 M N. Facility Staffin Security: b2 high USMS 1 0 Other 0 0 Support: b2 high Form G-324B (Rev. 3/17/05) No Prior Version May Be Used After 10/1104 • • Significant Incident Summary Worksheet For ICE to complete its Review of your facility, the following information must be completed prior to the scheduled review dates. The information on this form should contain data for the past twelve months in the boxes provided. The information on this form is used in conjunction with the ICE detention standards in assessing your detention operations. This form should be filled out by the facility prior to the start of any inspection. Failure to complete this section will result in a delay in processing this report. Description Incidents Assault: Offenders on Offenders l Jan- Mar Apr- Jun Jul- Sept Oct- Dec 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 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 Types (SexuaI 2 , Physical, etc.) With Weapon Without Weapon Assault: Detainee on Staff Types (Sexual Physical, etc.) With Weapon Without Weapon Number of Forced Moves, inc!. Forced Cell moves 3 Disturbances 4 Number of Times Chemical Agents Used Number of Times Special Reaction Team Deployed/Used # Times Four/Five Point Restraints applied/used Number/Reason (M=Medical, V=Violent Behavior, O=Other) Type (C=Chair, B=Bed, BB=Board, O=Other) Offender / Detainee Medical Referrals as a result of injuries sustained. Escapes Attempted - Actual Grievances: Deaths Psychiatric / Medical Referrals # Received # Resolved in favor of Offender/Detainee Reason (V=Violent, I=llIness, S=Suicide, A=Attempted Suicide, O=Other) Number # Medical Cases referred for Outside Care # Psychiatric Cases referred for Outside Care Any attempted physical contact or physical contact that involves two or more offenders Oral, anal or vaginal penetration or attempted penetration involving at least 2 parties, whether it is consenting or non-consenting Routine transportation of detainees/offenders is not considered "forced" Any incident that involves four or more detainees/offenders, includes gang fights, organized multiple hunger strikes, work stoppages, hostage situations, major fires, or other large scale incidents. Form G-324B (Rev. 3/17/05) No Prior Version May Be Used After 12/1/04 • • .. DHS/ICE Detention Standards RevIew Summary Report 11. Acceptable 2. Deficient 3. At - Risk 4. Repeat Finding 15.Not Applicablej 1. Legal Access Standards Visitation Telephone Access 2. 3. 4. rgJ rgJ D D D D D D rgJ rgJ rgJ rgJ rgJ rgJ rgJ D D D D D D D D D rgJ D D D D D rgJ D D D D D D D D D D D D D D D D 5. Detainee Services Admission and Release Classification System Detainee Handbook Food Service Funds and Personal Property Detainee Grievance Procedures Issuance and Exchange of Clothing, Bedding, and Towels Religious Practices D D D D D D D D D D D D D D D D D rgJ Health Services Medical Care Suicide Prevention and Intervention rgJ Security and Control Contraband Detention Files Disciplinary Policy Emergency Plans Environmental Health and Safety Hold Rooms in Detention Facilities Key and Lock Control Population Counts Security Inspections Special Management Units (Administrative Segregation) Special Management Units (Disciplinary Segregation) Tool Control Transportation (Land management) Use of Force Staff Detainee Communication Detainee Transfer D rgJ rgJ rgJ rgJ rgJ rgJ rgJ rgJ rgJ rgJ D rgJ rgJ rgJ D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D Form G-324B (Rev. 3/17/05) No Prior Version May Be Used After 12/1/04 rgJ rgJ • RIC Review Assurance Statement • By signing below, the Reviewer-In-Charge (RIC) certifies that all findings of noncompliance with policy or inadequate controls contained in the Inspection Report are supported by evidence that is sufficient and reliable. Furthermore, fmdings of noteworthy accomplishments are supported by sufficient and reliable evidence. Within the scope of the review, the facility is operating in accordance with applicable law and policy, and property and resources are efficiently used and adequately safeguarded, except for the deficiencies noted in the report. Reviewer-In-Charge: (Print Name) b6, b7c b6, b7c b6, b7c Title & Duty Location Immigration Enforcement Agent, San Pedro, CA. June 18, 2007 ITeam Members Print Name, Title, & Duty Location b6, b7c Print Name, Title, & Duty Location , SIEA, San Pedro, CA. Print Name, Title, & Duty Location RIC Rating Recommendation: Comments: Print Name, Title, & Duty Location IZI Acceptable D Deficient D At-Risk See Attached Memorandum. Form G-324B (Rev. 3/17/05) No Prior Version MayBe Used After 12/1/04 • • " MANAGEMENT REVIEW !Review Authority The signature below constitutes review of this report and acceptance by the Review Authority. FOD/OICICEO will have 30 days from receipt of this report to respond to all findings and recommendations. IIQDRO MANAGEMENT REVIEW: (Print Name) Signature Title Date Final Rating: D Acceptable D Deficient D At-Risk Comments: Form G-324B (Rev. 3/17/05) No Prior Version May Be Used After 12/1/04 • Department of HomelanAecurity ImmIgratIOn and CustomsWforcement 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 alllGSA Facilities Used Under 72 Hours Field Office Detention Review Worksheet ~ D Local Jail- IGSA State Facility - IGSA Name Montere~Park City Jail Address (Street and Name) 320 West Newmark Ave City, State and Zip Code Monterey Park, CA. 91754 County Los Angeles Name and Title of Chief Executive Officer (Warden/OIC/Superintendent) b6, b7c Chief Name and title of Reviewer-In-Charge Immigration Enforcement Agent b6, b7c Date[s] of Review June 06, 2007 Type of Review D Headquarters ~ Operational DSpecial Assessment DOther 1 G-324B Detention Review Worksheet for IGSAs (Under 72 Hours) Rev: 10/18/04 • ADMISSION AND RELEASE • Policy: All detainees will be admitted and released in a manner that ensures their health, safety, and welfare. The admissions procedure will, among other things include: medical screening; a file-based assessment and classification process; a body search; and a search of personal belongings, which will be inventoried, documented, and safeguarded as necessary. Components Yes In processing includes orientation information. Medical screenings are performed by a medical staff or persons who have received specialized training for the purpose of conducting an initial health screening. 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. The "Contraband" standard governs all personal property searches. IGSAs use or have a similar contraband standard. Staff prepare a complete inventory of each detainee's possessions. The detainee receives a copy. Staff completes Form 1-387 or similar form for CDFs and IGSAs for every lost or missing property claim. IGSA facilities forward all 1-387 claims to ICE. Detainees are issued appropriate and sufficient clothing and bedding for the climatic conditions. All releases are coordinated with the ICE office of jurisdiction. ICE Staff enter all information on detainees admitted, released, or transferred into the Deportable Alien Control System (DACS). [g] Acceptable D Deficient D No NA [g] D D D D [g] [g] D D [g] D D D D [g] [g] D D [g] D D [g] D D Remarks PHS conducts the prescreening prior to transport. All property is kept at Santa Ana Staging office. D Repeat Finding At-Risk CLASSIFICATION SYSTEM Policy: All facilities will develop and implement a system according to which ICE detainees are classified. The classification system will ensure that each detainee is placed in the appropriate category, physically separated from detainees in other categories Components Yes The facility has a system for separating criminal and non-criminal ICE detainees. Violent offenders are separated from non-violent offenders. Housing assignments are based on threat level. [g] Acceptable D Deficient D At-Risk No NA Remarks D D [g] The facility does not house violent criminals. D D [g] One level of detainee only. D Repeat Finding b6, b7c Date: Reviewer Signat 2 G-324B Detention Review Worksheet for IGSAs (Under 72 Hours) Rev: 01104/05 6-- It -0l • • DETAINEE HANDBOOK Policy: Every OIC will develop a site-specific detainee handbook to serve as an overview of, and guide to, the detention policies, rules, and procedures in effect at the facility. The handbook will also describe the services, programs, and opportunities available through various sources, including the facility, ICE, private organizations, etc. Every detainee will receive a copy of this handbook upon admission to the facility. Components The detainee handbook is written in English and translated into Spanish or into the next most-prevalent Language(s}. The detainee handbook states in clear language basic detainee responsibilities. The handbook identifies: • Initial issue of clothing and bedding and personal hygiene items. • when a medical examination will be conducted. • the telephone policy, debit card procedures, direct and frees calls; Locations of telephones; Policy when telephone demand is high; Policy and procedures for emergency phone calls, and the Detainee Message System. facility search procedures and contraband • policy. • facility visiting hours and schedule and visiting rules and regulations The handbook describes the detainee disciplinary policy and procedures: Including: • Prohibited acts and severity scale sanctions. • Time limits in the Disciplinary Process. • Summary of Disciplinary Process. • The detainee handbook describes the sick call procedures for general population and segregation. The handbook specifies the rights and responsibilities of all detainees. Yes No NA [gj 0 0 [gj 0 0 [gj 0 0 [gj 0 0 Remarks • ~ ~ Acceptable o Deficient o Repeat Finding OAt-Risk 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 Yes No NA [gj 0 0 0 0 [gj Trained staff supervises the food service program. Knife cabinets close with an approved locking device . ins control of the and the on-duty cook foreman ke that locks the de Remarks Food services is contracted to Debilius Food Service. No knives on site. t~/b~O) b6, b7c Reviewer Signature ____ _ 3 Date: _ _ _ __ FOOD SERVICE ~----'.--------~.I------~ Policy: Every facility will provide detainees in its care with nutritious and appetizing meals, prepared in accordance with the highest sanitary standards. Components Yes 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 monitor the condition of knives and dining utensils Detainees are served at least three meals daily. No more than 14 hours elapse between the last meal served and the first meal of the following day. A registered dietitian conducts a complete nutritional analysis of every master-cycle menu planned. The food service program addresses medical diets. Satellite-feeding programs follow guidelines for proper sanitation. Hot and cold foods are maintained at the prescribed, "safe" temperature(s) after two hours. (140 degrees for hot - 40 degrees for cold) All meals provided in nutritionally adequate portions. Food is not used to punish or reward detainees based upon behavior. Standard operating procedures include weekly inspections of all food service areas, including dining and food-preparation areas and equipment. Equipment is inspected daily. Procedures include inspecting all incoming food shipments for damage, contamination, and pest infestation. Storage areas are locked. D ~ Acceptable 0 Deficient No NA Remarks D D ~ ~ D D ~ ~ D D D D D D ~ D D ~ ~ D D D D ~ D D ~ D D ~ D D ~ D D ~ No knives on site, food arrives prepared in packets. No preparation necessary. o Repeat Deficiency At-Risk 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. ~ Standard NA: Check this 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. Reviewer Signature b6, b7c Yes No NA D D D D D D Date: 4 G-324B Detention Review Worksheet for IGSAs (Under 72 Hours) Rev: 01104/05 Remarks 6 ----/6'2) } •" -r ~ • , FUNDS AND PERSONAL PROPERT~ 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. [gJ Standard NA: Check this 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. staff only. Staff forwards an arriving detainee's medicine to the medical staff. Staff searches arriving detainees and their personal property for contraband. There is a written policy for returning forgotten property to detainees and staff follows procedures. Property discrepancies are immediately reported to the COEO or Chief of Security. COFflGSA facility procedures for handling detainee property claims are similar with the ICE standard. D Acceptable D D Deficient 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 D At-Risk Repeat Finding DETAINEE GRIEVANCE PROCEDURES Policy: Every facility will develop and implement standard operating procedures (SOPs) for addreSSing i detainee grievances in timely fashion. Each step in the process will occur within the prescribed time frame. Among other things, a grievance will be processed, investigated, and decided (subject to appeal) in accordance with the SOPs; a grievance committee will convene as provided in the SOPs. Standard procedure will include providing the detainee with a written response to any formal grievance, which will include the basis for the decision. The facility will also establish standard procedures for handling emergency grievances. All; grievances will receive supervisory review. Reprisal against the filer of a grievance will not be tolerated. I Components Every member of the staff knows how to identify emergency grievances, including the procedures for expediting them. There are documented or substantiated cases of staff harassing, disciplining, penalizing, or otherwise retaliating against a detainee who lodges a complaint. • If yes, explain. Procedures include maintaining a Detainee Grievance Log. • If not, an alternative acceptable record keeping system is maintained. • "Nuisance complains" are identified in the records. • For quality control purposes, staff documents nuisance complaints received but not filed. Staff is required to forward any grievance that includes officer misconduct to a highe;y-ffic;ial or, in a COFflGSA / / facility, to ICE. Y N o o 0 ~ NA Remarks 0 The jailer keeps and maintains a log for grievances. ~ 0 o o 0 b6, b7c Date: 5 G-324B Detention Review Worksheet for IGSAs (Onder 72 Hours) Rev: 01104/05 6--/ b ---07 I [Xl Acceptable D Deficient D At-Risk Repeat Finding 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 ! No Components Yes NA Remarks l All new detainees are issued clean, temperatureappropriate, presentable clothing during in processing. New detainees are issued clean bedding, linens and towel. [Xl Acceptable D Deficient D !:8J 0 0 !:8J 0 0 D Repeat Finding At-Risk 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 Detainees are allowed to engage in religious services. The facility allows detainees to observe the major "holy days" of their religious faith. Each detainee is allowed religious items in his/her immediate possession. [Xl Acceptable Reviewer Signature: D Deficient D b6, b7c Yes No NA !:8J !:8J 0 0 0 0 !:8J 0 0 At-Risk Remarks D Repeat Finding Date: 6 G-324B Detention Review Worksheet for IGSAs (Under 72 Hours) Rev: 01104/05 (C:/":/r;/' t!) ~ • • ,, DETAINEE TELEPHONE ACCESS~ , Policy: All facilities housing ICE detainees will permit detainees' reasonable and equitable access to telephones. Yes No NA ~ D D Upon admittance, detainees are made aware of the facility's telephone access policy. Detainees are afforded a reasonable degree of privacy for legal phone calls. Emergency phone call messages are immediately given to detainees. ~ D D ~ D D ~ D D Detainees are allowed to return emergency phone calls as soon as possible. Detainees are allowed phone calls to consular/embassy officials. Detainees in disciplinary segregation allowed phone calls for family emergencies. Detainees in administrative segregation and protective custody afforded the same telephoning privileges as those in general population. When detainee phone calls are monitored, notification is posted by detainee telephones that phone calls made by the detainees may be monitored. Special Access calls are not monitored. ~ D D ~ D D ~ D D Components Detainees allowed access to telephones during established facility waking hours. I:8J Acceptable D D Deficient D D Remarks Facility has no ability to monitor phone calls. ~ D At-Risk Repeat Finding VISITATION Policy: ICE shall permit detainees to visit with family, friends, legal representatives, special interest groups and the news media. Components Yes There is a written visitation schedule and hours for general visitation. Hours for both General and Legal Visitation are noted. The visitation schedule and rules are available to the public. No ~ D D ~ D D A general visitation log is maintained. ~ D D Visitors are searched and identified according to standard requirements. ~ D D I:8J Acceptable D D Deficient At-Risk Remarks NA D Repeat Finding b6, b7c Date: Reviewer Signature: 7 G-324B Detention Review Worksheet for IGSAs (Under 72 Hours) Rev: OIl04/05 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 Yes No NA The Facility operates a health care facility in compliance with State and Local laws and uidelines. The facility's in-processing procedures of arriving detainees include medical and mental health screening. D ~ D ~ D D ~ D Detainees in the Special Management Unit have access to health care services. The facility has a written plan for the delivery of 24-hour emergency health care when no medical personnel are on duty at the facility, or when immediate outside medical attention is uired. Detention staff is trained to respond to health-related emergencies within a 4-minute response time. D ~ If staff is used to distribute medication, a health care rovider trains these officers. The medical unit keeps written records of medication that is distributed. Detainees are required to sign a refusal to consent form when medical treatment is refused. ble ~ Deficient 0 Remarks No medical services D ~ D D ~ D D D D ~ D ~ D D D ~ Fire department are il the adjoining building Hospital is withing 1 r of the Jail. Fire department may res Detainees will be sent out to medical treatment. 0 At-Risk SUICIDE PREVENTION AND INTERVENTION ! , Policy: All detention staff working with ICE detainees will be trained to recognize suicide-risk indicators. Staff I A clinically suicidal detainee I I I will receive preventive supervision and treatment I I will handle potentially suicidal individuals with sensitivity, supervision, and referrals. Components I Every new staff member receives suicide-prevention training. Suicide-prevention training occurs during the employee orientationprogram. Training prepares staff to: • Recognize potentially suicidal behavior; • Refer potentially suicidal detainees, following facility procedures; • Understand and apply suicide-prevention techniques. II ~ Acceptable . . ~~eficient /--; 0 Yes No NA ~ D D ~ D D At-Risk Remarks o Repeat Finding b6, b7c ReVIewer SIgnature: Date: 8 G-324B Detention Review Worksheet for IGSAs (Under 72 Hours) Rev: 01/04/05 6 --Jt V) • CONTRABAND Policy: All detention facilities will ensure the proper handling and disposal of all contraband. Documentation of contraband destruction is required. Components The facility follows a written procedure for handling illegal contraband. Staff inventories, holds, and reports it when necessary to the proper authority for action/possible seizure. Upon admittance, detainees receive notice of items they can and cannot possess. II r:8J Acceptable D D Deficient Yes No NA [gJ D D [gJ D D At-Risk Remarks D Repeat Finding DISCIPLINARY POLICY Policy: All facilities housing ICE detainees are authorized to impose discipline on detainees whose behavior is I not in compliance with facility rules and reQulations. i !! Components Yes No NA Remarks The facility has a written disciplinary system using No Special Housing Unit. [gJ D D progressive levels of reviews and appeals. The facility rules state that disciplinary action shall not [gJ D D be capricious or retaliatory. Written rules prohibit staff from imposing or permitting the following sanctions: • corporal punishment • deviations from normal food service [gJ D D • 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 Detainee [gJ violations are defined in writing and communicated to all D D handbook. detainees verbally and in writing. The following conspicuously posted in Spanish and Located in the booking English or other dominate languages used in the facility: cell wall. • Rights and Responsibilities [gJ • Prohibited Acts D D • Disciplinary Severity Scale • Sanctions • If so, where posted When minor rule violations or prohibited acts occur, [gJ D D informal resolutions are encouraQed. II r:8J Acceptable Reviewer Signature: D D Deficient b6, b7c At-Risk D Date: 9 G-3248 Detention Review Worksheet for IGSAs (Under 72 Hours) Rev: 01104105 Repeat Finding • • 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 No NA Remarks Yes No Detainee or detainee groups exercise control or authority over other detainees. Detainees are protected from: • Personal abuse / Corporal punishment • Personal injury • Disease • Property damage • Harassment from other detainees The facility has written emergency plans that cover: • Work/Food Strike • Disturbances • Escapes • Bomb Threats • Adverse Weather • Facility Evacuation • Internal Hostages ~ Acceptable D D Deficient ~ D D ~ D D ~ D D D At-Risk Repeat Finding II ENVIRONMENTAL HEALTH AND SAFETY Policy: Every facility will control flammable, toxic, and caustic materials through a hazardous materials program. The program will include, among other things, the identification and labeling of hazardous materials in accordance with applicable standards (e.g., National Fire Protection Association [NFPA]); identification of incompatible materials, and safe-handling procedures Components The facility has a system for storing, issuing, and maintaining inventories of hazardous materials. Constant inventories are maintained for all flammable, toxic, and caustic substances used/stored in each section of the facility. The manufacturer's Material Safety Data Sheet (MSDS) file is up-to-date for every hazardous substance used. All personnel using flammable, toxic, and/or caustic substances follow the prescribed procedures. They: • Wear personal protective • Equipment. • Report hazards and spills to the • designated official. The MSDS are readily accessible to staff and detainees in the work areas. Hazardous materials are always issued under proper Reviewer Signature: Yes No NA Remarks ~ D D An Officer is assigned to unlock & lock as needed. ~ D D ~ D D ~ D D ~ D D D [gJ.- ~..J: b6, b7c 10 G-324B Detention Review Worksheet for IGSAs (Under 72 Hours) Rev: 01/04/05 I • I ENVIRONMENTAL HEALTH AND SA.- 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 I accordance with applicable standards (e.g., National Fire Protection Association [NFPA]); identification of I incompatible materials, and safe-handling procedures Components i supervision. • quantities are limited. • Staff always supervises detainees using these substances. Staff directly supervises and accounts for products with methyl alcohol. Staff receives a list of products containing diluted methyl alcohol, e.g., shoe dye. All such products clearly labeled as such. "Accountability" includes issuing such products to detainees in the smallest workable quantities. The facility conducts the fire and safety inspections. The facility has an approved fire prevention, control, and evacuation. plan. The plan requires: • Monthly fire inspections. • Fire protection equipment strategically located throughout the facility. • Public posting of emergency plan with accessible building/room floor plans. • Exit signs and directional arrows. • An area-specific exit diagram conspicuously posted in the diagrammed area. Written procedures regulate the handling and disposal of used needles and other sharp objects. Standard cleaning practices include: • Using specified equipment; cleansers; disinfectants and detergents. • An established schedule of cleaning and followup inspections. A licensed/Certified/Trained pest-control professional inspects for rodents, insects, and vermin. • At least monthly. • The pest-control program includes preventive spraying for indigenous insects. ~ Acceptable D D Deficient Yes No NA ~ 0 0 ~ ~ 0 0 0 0 ~ 0 0 ~ 0 0 ~ 0 0 Remarks Last completed on June 06, 2007. ~ 0 0 D At-Risk Repeat Finding HOLD ROOMS IN DETENTION FACILITIES Policy: Hold rooms will be used only for temporary detention for detainees awaiting removal, transfer, EOIR hearings, medical treatment, intra-facIlity movement, or other processing into or out of the facility. Yes erimeter. No NA o o b6, b7c Reviewer Signature: Date: 11 G-324B Detention Review Worksheet for IGSAs (Under 72 Hours) Rev: 01104/05 Remarks HOLD ROOMS IN DETENTION FACI Policy: Hold rooms will be used only for temporary detention for detainees awaiting removal, transfer, EOIR hearings, medical treatment, intra-facility movement, or other processing into or out of the facility. Components Yes No NA The hold rooms well ventilated, well lighted and all activating switches located outside the room. The hold rooms contain sufficient seating for the number of detainees held. The walls of the hold rooms escape proof. • The hold room ceilings are escape and tamper resistant. Individuals are not held in hold rooms for more than 12 hours. Male and females are segregated from each other at all times. Detainees under the age of 18 are not held with adult detainees. In older facilities officers are within visual or audible range to allow detainees access to toilet facilities on a regular basis. All detainees are given a patdown search for weapons or contraband before being placed in the room. Officers closely SUtJt::1 VI~t:: the detention hold rooms using direct supervision (Irregular visual monitoring.). tsl D D tsl D D tsl D D tsl D D tsl D D tsl D D tsl D D tsl D D tsl D D [g] J\,.,."' .... ·'lhle D Deficient D Remarks D Repeat Finding At-Risk -----, I 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 I maintenance of all keys and locks. Components Facility policies and procedures address the issue of compromised keys and locks. Padlocks and/or chains are not used on cell doors. The entrance/exit door locks to detainee living quarters, or areas with an occupant load of 50 or more people, conform to • Occupational Safety and Environmental Health Manual, Chapter 3 • National Fire Protection Association Life Safety Code 101. Emergency keys are available for all areas of the facility. The facilities use a key accountability system. Individual gun lockers are provided. • They are located in an area that permits constant officer observation. • In an area that does not allow detainee or public Reviewer Signature: b6, b7c Yes No NA tsl D D tsl D D tsl D D tsl tsl D D D D D D tsl .... -~.-:> Date: 12 G·324B Detention Review Worksheet for IGSAs (Under 72 Hours) Rev: 01104105 Remarks None used withing facility. KEY AND LOCK CONTROL (SECURITY, ACCOUNTABILITY AND MAINTENANCE) I I 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 i Yes No NA I2SJ 0 0 Remarks access. All staff members are trained and held responsible for adhering to proper procedures for the handling of keys. • Issued keys are returned immediately in the event an employee inadvertently carries a key ring home. Detainees are not permitted to handle keys • assigned to staff. II ~ Acceptable D Deficient D D Repeat Finding At-Risk POPULATION COUNTS - Rating I Policy: All detention facilities shall ensure around-the-clock accountability for all detainees. This requires that i they conduct at least one formal count of the detainee population per shift, with additional formal and informal counts conducted as necessary Components Staff conducts a formal count at least once each shift. Activities cease or are strictly controlled while a formal count is being conducted. Formal counts in all units take place simultaneously. Officers do not allow detainee participation in the count. Officers positively identify each detainee before counting him/her as present. Written procedures cover informal and emergency counts. The control officer (or other designated position) maintains an out -count record of all detainees temporarily leaving the facility. II ~ Acceptable D Deficient D Yes No NA I2SJ 0 0 I2SJ I2SJ 0 0 0 0 0 0 0 0 I2SJ 0 0 I2SJ 0 0 I2SJ I2SJ Remarks Logged in jail computer system. D Repeat Finding At-Risk SECURITY INSPECTIONS o o Reviewer Signature: b6, b7c o o Date: 13 G-324B Detention Review Worksheet for IGSAs (Under 72 Hours) Rev: 01104/05 Recorded in ·ail II I" • SECURITY INSPECTIONS • . Policy: Post assignments in the facility's high-risk areas, where special security procedures must be followed, I will be restricted to experienced personnel with a thorough grounding in facility 0 )erations. I Components Yes No computer. his/her assigned area. Results are documented. The front-entrance officer checks the ID of everyone entering or exiting the facility. ~ 0 0 The Control Center is staffed around the clock. Every Control Center officer receives training. Policy restricts staff access to the Control Center. Detainees do not have access to the Control Center. Officers monitor all vehicular traffic entering and leaving the facility. ~ ~ 0 0 0 0 0 0 0 0 The facility maintains a log of all incoming and departing vehicles to sensitive areas of the facility. Officers thoroughly search each vehicle entering and leaving the facility-, Every search of the SMU and other housing units documented. ~ 0 0 ~ 0 0 ~ 0 0 [8J Acceptable o Deficient Remarks NA 0 ~ ~ o Repeat Finding At-Risk SPECIAL MANAGEMENT UNIT (SMU) Administrative Segregation Policy: The Special Management Unit required in every facility isolates certain detainees from the general population. The Special Management Unit will consist of two sections. One, Administrative Segregation, houses detainees isolated for their own protection; the other for detainees being disciplined for wrongdoing (see the "Special Management Unit [Disciplinary Segregation]" standard). Components Yes The Administrative Segregation unit provides non-punitive protection from the general population and individuals undergoing disciplinary segregation. • Detainees are placed in the SMU (administrative) in accordance with written criteria. In exigent circumstances, staff may place a detainee in the SMU (administrative) before a written order has been approved. • A copy of the order given to the detainee within 24 hours. Administratively segregated detainees enjoy the same general privileges as detainees in the general population. The SMU is well ventilated. • Adequately lighted. • Appropriately heated. _____)~( • Maintained in a s~~~co' dition. All cells are equipped wiM'beds. J ~' The number of detaine,es in any/cell does not ~eed Reviewer Signatur - b6, b7c No Remarks NA 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 0 0 ~ ~ Date: 14 G-324B Detention Review Worksheet for IGSAs (Under 72 Hours) Rev: 01/04/05 No SMU housing provided in facility. Detainee needing special housing not admitted to facility. r &,-/1- -°7 I I SPECIAL MANAGEMENT UNIT (SM Administrative Segregation Policy: The Special Management Unit required in every facility isolates certain detainees from the general population. The Special Management Unit will consist of two sections. One, Administrative Segregation, houses detainees isolated for their own protection; the other for detainees being disciplined for wrongdoing (see the "Special Management Unit [Disciplinary Segregation]" standard). Components Yes Each detainee maintains a normal level of personal iene in the SMU. A health care professional visits every detainee at least three times a week. The SMU maintains a permanent log. • Detainee-related activity, e.g., meals served, recreation visitors etc. At a minimum staff record whether the detainee ate, showered, exercised and took any medication during every shift and records all pertinent information, e.g., a medical condition, suicidal/assaultive behavior etc. ~ Ar.r~.,.n·t~ble D D Deficient No NA Remarks D D D D D D At-Risk "'CU~:ClL s SPECIAL MANAGEMENT UNIT (Disciplinary Segregation) Policy: Each facility will establish a Special Management Unit in which to isolate certain detainees from the general population. The Special Management Unit will have two sections, one for detainees in Administrative Segregation; the other for detainees being segregated for disciplinary reasons. Components Yes No NA Officers placing detainees in disciplinary segregation follow written procedures. A completed Disciplinary Segregation Order accompanies the detainee into the SMU. Standard procedures include reviewing the cases of individual detainees housed in disciplinary detention at set intervals. The conditions of confinement in the SMU are proportional to the amount of control necessary to protect detainees and staff. All cells are equipped with beds. When a detainee is segregated without clothing, mattress, blanket, or pillow, a justification is made and the decision is reviewed each shift. Items are returned as soon as it is safe. Detainees in the SMU receive three nutritious meals/days. Detainees are allowed to maintain a normal level of personal hygiene, including the opportunity to shower and shave at least three t D D [g] D D [g] D D [g] D D [g] D D [g] D D [g] D D [g] D D [g] b6, b7c Date: Reviewer Signature: 15 G-324B Detention Review Worksheet for IGSAs (Under 72 Hours) Rev: 01/04/05 Remarks No SMU housing within facility. SPECIAL MANAGEMENT UNIT (Disciplinary Segregation) Policy: Each facility will establish a Special Management Unit in which to isolate certain detainees from the general population. The Special Management Unit will have two sections, one for detainees in Administrative Segregation; the other for detainees being segregated for disciplinary reasons. Components Yes No every detainee in c't:>(lrt:>I' ",tion M - F. All detainee-related activities are documented, e.g., meals served recreation activities visitors etc. At a minimum staff record whether the detainee ate, showered, exercised and took any medication during every shift and records all pertinent information, e.g., a medical condition suicidal/assaultive behavior etc. o o o o o o ~ Acceptable o Deficient NA Remarks o Repeat Finding OAt-Risk 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 Yes The facility has a tool classification system. Tools are classified according to: • Restricted (dangerous/hazardous) • No NA o o o o Remarks Non Restricted (non-hazardous). Each facility has procedures for the issuance of tools to staff and detainees. ~ Acceptable o Deficient o Repeat Finding OAt-Risk 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 may be employed when the detainee: Components Yes No NA There is a use of force policy outlining immediate and calculated use of force, and confrontation avoidance. Staff members are trained in the performance of the Use-of-Force Team Techni ue. All use-of-force incidents are documented and reviewed. [gJ 0 0 [gJ 0 0 0 0 [gJ ~;, ,,<,- b6, b7c Date: Reviewer Signature: 16 G-324B Detention Review Worksheet for IGSAs (Under 72 Hours) Rev: 01104/05 Remarks USE OF FORCE Policy: The U.S. Department of Homeland Security authorizes the use offorce only as a last alternative after all other reasonable efforts to resolve a situation have failed. Only that amount of force necessary to gain control of the detainee, to protect and ensure the safety of detainees, staff and others, to prevent serious property damage and to ensure institution security and good order may be used. Physical restraints necessary to gain control of a detainee who appears to be dangerous may be employed when the detainee: Components Yes No NA ~ 0 0 0 0 ~ ~ 0 0 0 0 ~ 0 0 ~ ~ 0 0 Remarks Staff: • • Does not use force as punishment. Attempts. to gain the detainee's voluntary cooperation before resorting to force • Uses only as much force as necessary to control the detainee. Medication may only be used for restraint purposes when authorized by the Medical Authority as medically necessary. In immediate-use-of-force situations, staff contacts medical staff once the detainee is under control. Special precautions are taken when restraining pregnant detainees and medical personnel are consulted The officers are thoroughly trained in the use of soft and hard restraints. For incidents involving calculated use of force, a videotape is made and retained for review. D ~ Acceptable D Deficient Repeat Deficiency No use of medication for restraints. The Jail has access to call fire department in adjoining building. Facility does not house females. Jail does not use soft restraints. Video taped by a Supervisor. D At-Risk 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 ICE information request Forms are available at the IGSA for use by ICE detainees. The IGSA treats detainee correspondence to ICE staff as Special Correspondence. ~ Acceptable D Deficient Y N NA ~ 0 0 ~ 0 0 OAt-Risk Remarks D b6, b7c Reviewer Signature __ _ 17 G-324B Detention Review Worksheet for IGSAs (Under 72 Hours) Rev: 01104/05 Repeat Finding II II I I; i --------- -------------------------------------, 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 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 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 • 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 notify 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. The detainee is not permitted to make any • phone calls or have contact with any detainee in the general population. 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. • 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, transPo~7cers receive instructions regarding medi/~ sue . /'"' Detainee's funds and valt/clbles grid property are Reviewer Signature: b6, b7c Y N NA cg] D D D D cg] cg] D D cg] D D cg] D D D cg] D cg] D D cg] D D cg] D D D D cg] D D cg] Date: Remarks Detainee is not assigned a depotation officer, will return next day. No medical transferes will be transferred to this facility. Property and valuables b-/b~ 7 18 G-324B Detention Review Worksheet for IGSAs (Under 72 Hours) Rev: 01104/05 , i -------II ..-j. DETAINEE TRANSFER STANDAR.'-- I 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 I protocols. In deciding whether to transfer a detainee, ICE will take into con sid eration whether the detainee I is represented before the immigration court. In such cases, the Field Office Director will consider the 'I detainee's stage within the removal process, whether the detainee's attorney is located within reasonable .. d'IS tance 0 f th e faC11 Tt y, an d were h th' d riving e Immlgra l'Ion cou rt proceed'Ings a re taking place. Components returned and transferred with the detainee to his/her new location. Transfer and documentary procedures outlined in Section C and D are 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. A Files are forwarded to the receiving office via overnight mail no later than one business day following the transfer. II ~ Acceptable o Deficient Y N NA ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 OAt-Risk Remarks will remain at the Santa Ana Sta!=jin!=j Office. o Repeat Finding b6, b7c "'"-=.'- Date: Reviewer Signatur 19 G·324B Detention Review Worksheet for IGSAs (Under 72 Hours) Rev: OIf04/05 ~/~~) / / "'/ _.' / _/ I I I I I