ICE Detention Standards Compliance Audit - Nobles County Jail, Worthington, MN, ICE, 2009

• June 2, 2016 • Locations: United States of America -> Minnesota • Topics: Corrections Audits, Immigration

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Department of Homeland Security
Immigration and Customs Enforcement
Office of Detention and Removal

•

o
o

Condition of Confinement Review Worksheet
(This document must be attached to each G-324A Inspection Form)
This Form to be used for Inspections of all Facilities Used Over 72 Hours

ICE Detention Standards Review Worksheet
Local Jail- IGSA
State Facility - IGSA
ICE Contract Detention Facility

Name
Jail
Nobles
Address (Street and N arne)
1530
Road
City, State and Zip Code
W
Minnesota 56187
County
Nobles
Name and Title of Chief Executive Officer (Warden/OIC/Superintendent)
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Jail Administrator
Name and Title of Reviewer-In-Charge
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Date[s] of Review
29 - October 2009
Type of Review
[gI Headquarters
0 Operational

DSpecial Assessment

DOther

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07

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 ..................................................................................................................................... .
ACCESS To TELEPHONES ................................................................................................................... .
VISITATION ........................................................................................................................................ .
VOLUNTARY WORK PROGRAM .......................................................................................................... .

•

HEALTH SERVICES STANDARDS (SECTION II) .......................................................................... 28
HUNGER STRIKES .............................................................................................................................. .
ACCESS To MEDICAL CARE ............................................................................................................... .
SUICIDE PREVENTION AND INTERVENTION ......................................................................................... .
TERMINAL ILLNESS, ADVANCED DIRECTIVES AND DEATH ............................................................... ..
SECURITY AND CONTROL STANDARDS (SECTION III) .............................................................. 38
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)
Page 2 of73

•

SECTION I

•

DETAINEE SERVICES STANDARDS

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 3 of73

.:~~';;I~

ACCESS TO LEGAL MATERIALS

FACILITIES HOLDING ICE DEfAINEES SHALL PERMIT DEfAINEES ACCESS TO A LAW LIBRARY, AND PROVIDE LEGAL MATERIALS,
•ACILITIES, EQlJ!!'MEN 1, DOCUMENT COPYING PRIVILEGES, AND THE OPPORTUNITY TO PREPARE LEGAL DOCUMENTS.
RF.M;l.U .....
COMrUl'lr.l'll~
No
NA
~
[
]
The facility provides a np.>:iP11:ltp.n law library for
use.
[J
~
The law library contains all materials listed in the "Access to Legal
Materials" Standard, Attachment A. The listing of materials is posted
D
D
121
in the law library.
The library contains a ~llfficient number of chairs, is well lit, and is
121
D
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rea~onahlv isolated from noisy areas.
The law library is adequately equipped with typewriters and/or
D
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121
,-.. ~~"~Ars, and has sufficient sllnnlie~ for daily use by the detainees.
In addition to the physical law library, detainees have access to the
D
D
121
Lexis Nexis electronic law library.
[]
Where provided, the Lexis Nexis library is llnnlltp.n and is~ent.
D
~.
()l1t,,;rlP n"'r"",,~ ann
arp.
to submit nllhli~hp.n
legal material for inclusion in the legal library. Outside published
D
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121
material is forwarded and reviewed by ICE prior to inclusion.
There is a designated ICE or facility employee who inspects, updates,
The ICE Officer on site recently
and maintains/replaces legal materials and equipment on a routine
delivered the latest version of
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121
basis.
Lexis Nexis.
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
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121
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
. .:~~: is reviewed and, where appropriate, an acquisition request is
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121
initiated.
Requests for copies of court decisions are
lated within 3 5 business days.
Detainees are permitted to assist other detainees, voluntarily and free
of charge, in researching and preparing legal documents, consistent
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121
with /;c\;ulilY.
Illiterate or non-English-speaking detainees without legal
representation receive access to more than just English-language law
121
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books after inni~atin!Y their need for help.
Detainees may retain a reasonable amount of personal legal material in
the general population and in the special management unit. Stored
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121
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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
121
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D
legal materials are documented and reviewed routinely for lifting of
sanctions.
All denials of access to the law library fully nO~llmp.ntp.n
[]
[ ]
~
Facility staff informs ICE Management when a detainee or group of
The Nobles County Jail (NCJ)
detainees is denied access to the law library or law materials.
staff indicated this has never
D
121
D
occurred but, if it did they
would notify ICE as~equire~
Dp.tainees who seek judicial relief on any matter are not subjected to
D
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121
repnsals, retaliation or nP.na hie>:
I~

I
I

121 ACCEPTABLE

D DEFICIENT

AT-RISK

D REPEAT FINDING

REMARKS:
_ h i l e Lexis Nexis is updated and available, the disk is currently retained by the Librarian. The inspectors recommended the program
e installed into the equipment to afford detainee b6,b7c umbered access.
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/ 10/1/2009

FOR OF

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ONLY (LAW ENFORCEMENT SENSITIVE)
Page 4 of73

AUDITOR'S SIGNATURE 1 DATE

ADMISSION AND RELEASE
• 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.

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.

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
Detainees are stripped searched only when cause has been
established and not as routine policy. Non-criminal detainees are not
"tr'In-'~~l'Irc.tlp.{l but are patted down, unless reasonable suspicion is
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
Staff completes Form 1-387 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
for these items.

REMARKS:

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AUDffOR'S SIGNATURE IDATE

•

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1 10/1/200
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(

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 5 of73

CLASSIFICATION SYSTEM
POLICY: ALL FACILITIES WILL DEVELOP AND IMPLEMENT A SYSTEM ACCORDING TO WHICH ICE DETAINEES ARE CLASSIFIED. THE
~LASSIFICA.
SYSTEM WILL ENSURE THAT EACH DETAINEE IS PLACED IN THE APPROPRIATE CATEGORY, PHYSICALLY SEPARATED
~ DETAINEES IN OTHER CATEGORIES

IJ'.l'Il~

The facility has a system for classifying detainees. In
CDFs and IGSAs, an Objective Classification System or
similar is used.
The facility classification system includes:
• Classifying detainees upon arrival;
•
Separating from the general population those
individuals who cannot be classified upon
arrival; and
•
The first-line supervisor or designated
classification specialist reviewing every
classification decision.
The intake/pI
19 officer
work-folders, A111<::iS, <::TC., tU Ie
,v ana ClaiSiSlIy ~a",""~w all I ,a!.
Staff uses only information that is factual, and reliable to
determine classification assignments. Opinions and
unsubstantiated! unconfrrmed reports may be filed but
are not used to score detainees classifications.
Housing aSSignments are based on clct::;::;ifii..;cIlIUIIlevel.
A detainee's classification-level does not affect hislher
recreation opportunities.
Detainees recreate with
persons of similar classification c1e~i O11atiom
Dpta
work assignments are based upon classification
lations.

classification
process
includes
reassessment/reclassification. At 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 has the authority to reduce a
classification-level on appeal.
Classification appeals are resolved within five business
days and detainees are notified of the outcome within 10
business days.
Classification designations may be "nn",,,l,,,c1 to a higher
authority, such as the Warden or ~i;'~
The Detainee Handbook or equivalent for IGSAs
explains the classification levels, with the conditions and
restrictions annli~ahl", to each.
~ ACCEPTABLE

D DEFICIENT

RRMARKS

NCJ does not allow detainee work assignments.

AT-RISK

D REPEAT FINDING

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/10/[/2009
AUDITOR'S SIGNATURE I DATE
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•

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FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE)
Page 6 of73

CORRESPONDENCE AND OTHER MAIL
POLICY: ALL FACILITIES WILL ENSURE THAT DEfAINEES SEND AND RECEIVE CORRESPONDENCE IN A TIMELY MANNER, SUBJECT TO
REQUIRED FOR THE SAFEfY, SECURITY, AND ORDERLY OPERATION OF THE FACILITY. OTHER MAIL WILL BE PERMITTED,
TO THE SAME LIMITATIONS. EACH FACILITY WILL WIDELY DISTRIBlTfE ITS GUIDELINES CONCERNING CORRESPONDENCE AND
OTHER MAIL.
0

IllS

The rules for correspondence and other mail are posted in
each housing or common area, or provided to each detainee
via a detainee handbook.
The facility provides key information in languages other than
English; In the language(s) spoken by significant numbers of
detainees. List ~l!Yp.y"p.ntion~.
Incoming mail is distributed to detainees within 24 hours or I
business day after it is received and in~np.dp.rl
Outgoing mail is delivered to the postal service within one
business day of its entering the internal mail system
(p.ydllrling weekends and holidays).
C1Lall
uut:s IlUl Upt:Il eUlU lIlSpt:l,;l
!:."U,",lal
correspondence and other mail (including packages and
publications) without the detainee present unless documented
and authorized in writing by the Warden or equivalent for
prevailimr "",", ...rity reasons.
Staff does not read incoming general correspondence without
the Warden's prior written approval.

YES

Staff does not inspect incoming special Correspondence for
physical contraband or to verify the "special" status of
enclosures without the detainee present.
C i S pror nnec: from reading or copying incoming special
ll'
ldence.
Staff is only authorized to inspect outgoing correspondence or
other mail without the detainee present when there is reason to
believe the item might present a threat to the facility's secure
or orderly operation, endanger the recipient or the public, or
might facilitate criminal activity.
Corr""1- ldence to a politician or to the media is processed as
lence and is not read or copied.
special vVll
The official authorizing the rejection of incoming mail sends
written notice to the sender and the addressee.
The official authorizing censorship
rejection of outgoing
maill-'luvldt:" the detainee with signed written notice.
Staff maintains a written record of every item removed from
detainee mail.
The Warden or equivalent monitors staff handling of
discovered contraband and its disposition. Records are
accurate and up to date.

••

~ immediately 'emoved and firrwa"led to ICE ,taff fo'

in A-files .
•Staff
the detainee a copy of hislher identity
document(s) upon reouest

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 investigated. Standard
procedure includes issuing a receipt to the detainee.
Original identity documents (e.g., passports, birth certificates)

RFMARKS

~.~.....

.~~~~

•

All mail may be opened and inspected for
contraband, cash and money orders pursuant
to the requirements of "The Tennessen
Warning and Data Practices Act."

NCJ indicates no contraband has been
recovered from incoming mail. Ifthere is an
incident, staff would establish a written record
and the Jail Administrator would monitor
same.

Detainees have not been kept long enough to
establish any such reouest

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 7 of73

~.~,

Warning and Data Practices Act" to all
detainees; they are advised and consent to
mail being opened, inspected and, nonprivileged mail being read and copied.
The, "Tennessen Warning and Data Practices
Act" authorizes incoming correspondence to
be read by NCJ staff.

CORRESPONDENCE AND OTHER MAIL
POLICY: ALL FACILITIES WILL ENSURE THAT DETAINEES SEND AND RECEIVE CORRESPONDENCE IN A TIMELY MANNER, SUBJECT TO
REQUIRED FOR THE SAFETY, SECURITY, AND ORDERLY OPERATION OF THE FACILITY. OTHER MAIL WILL BE PERMITTED,
TO THE SAME LIMITATIONS. EACH FACILITY WILL WIDELY DISTRIBUTE ITS GUIDELINES CONCERNING CORRESPONDENCE AND

Staff disposes of prohibited items found in detainee mail in
accordance with the "Control and Disposition of Contraband"
Standard or the similar
.
. in IGSAs.
Every indigent detainee has the opportunity to mail, at
government expense, reasonable correspondence about a legal
matter, in three one ounce letters per week and packages
deemed
ICE.
The facility has a system for detainees to purchase stamps and
for mailing all special correspondence and a minimum of 5
.
of
week.
The facility provides writing paper, envelopes, and pencils at
no cost to ICE detainees.

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I IO/lilQm

AUDITOR'SSIGNATUR

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D
~

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No clear policy is in place which allows for
the disposal of prohibited items.

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•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 8 of73

DETAINEE HANDBOOK
POLICY: EVERY Ole WILL DEVELOP A SITE-SPECIFIC DETAINEE HANDBOOK TO SERVE AS AN OVERVIEW OF, AND GUIDE TO, THE

POLICIES, RULES, AND PROCEDURES IN EFFECT AT THE FACILITY. THE HANDBOOK WILL ALSO DESCRIBE THE SERVICES,
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.
REMARKS
No NA
CUMlrVI'I~I'II"
YES
The detainee handbook is written in Emdish and tran~htpcl into
D D
~
C'
•
or into the next
"'" {alentLan!!ua!!e( s).
by the facility orientation
The handbook is I\UPlD D
~
video, where one is provided.
All staff members receive a handbook and training regarding
D D
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the handbook contents.
The handbook is revised as necessary and there are procedures
in place for immediately communicating any revisions to staff
D D
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and detainees.
There an annual review of the handbook by a designated
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committee or staff member.
au...... """,,,,,, UIC
11\I\UCI\.
lne
Personal
Items
permitted
to
be
retained
by the
•
detainee; and
D D
~
Initial
issue
of
clothes,
bedding
and
personal
hygiene
•
items.
The detainee hl'llldbook states in clear language the basic
.bNllUN

AM~

~UllUWlll1;;

detaineerespnn~ihilities.

The handbook clearly outlines the methods for classification of
detainees, explains each level, and explains the classification
appeals ","tV·"'""
The hl'lnclhook states when a medical examination will be

1£lllf't",rl

The handbook describes the facility, housing units, dayrooms,
in-dorm activities, and special hOll~in(1 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
1'1 U,","UUl "", and "Ap",",.".1 p"rsonal J.,. ,; ••n 1'1 ",",u,",,,,,.
The handbook describe times and procedures for obtaining
disposable razors, and allows that detainees attending court
will be afforded the uppunUl1uy 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
"111"'15"11". 'phone calls.
1(1.
The hl'lnclhook addrcI\I\cI\ religlOus progr.
The handbook states times and procedures for commissary or
vending machine usage, where available.
The handbook describes the detainee voluntary work program.

~bOOk describes the library location and hours of
and lawli!Jrary.procedllrp~ and schedules.
The handbook describes attorney and regular visitation hours,
n()lir.ip~ and JJ~es...

.~
~

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D

[J
D

The initiation of a medical exam is
addressed in the National Detainee
Handbook. The Senior Deportation and
Detention Officer indicated that the
handbook was issued to every detainee upon
entry.

There is no detainee voluntary work
JJIU1;;l<Ull.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 9 of73

DETAINEE HANDBOOK
POLICY: EVERY OIC WILL DEVELOP A SITE-SPECIFIC DETAINEE HANDBOOK TO SERVE AS AN OVERVIEW OF, AND GUIDE TO, THE
POLICIES, RULES, AND PROCEDURES IN EFFECT AT THE FACILITY. THE HANDBOOK WILL ALSO DESCRIBE THE SERVICES,
".-.u'u.-.ftlv•. .3. AND OPPORTUNITIES AVAILABLE THROUGH VARIOUS SOURCES, INCLUDING THE FACILITY, ICE, PRIVATE ORGANIZATIONS,

and

dress code for daily

The handbook specifies the rights and responsibilities of all
detainees.

The handbook describes the detainee disciplinary policy and
procedures, including:
• Prohibited acts and severity scale sanctions;
• Time limits in the Disciplinary Process; and
of the
Process.
handbook explains all steps in the

•
•
•

•
•

Informal (if used) and formal grievance procedures;
The appeals process;
In CDF facilities: procedures for filing an appeal of a
grievance with ICE.
Staffi'detainee availability to help during the grievance
process.
Guarantee against staff retaliation for filing/pursuing a

•
sick call

~ ACCEPT ABLE

D DEFICIENT

AT-RISK

D REPEAT FINDING

REMARKS:
In general, facility policy and practice was consistent with requirements and intent of the standard.
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AUDITOR'S SIGNATURE/DA
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•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 10 of73

FOOD SERVICE
EvERy FACILITY WILL PROVIDE DIITAlNEES IN ITS CARE WITH NUfRlTIOUS AND APPETIZING MEALS, PREPARED IN

lrrORn ANrp

WITH THE HIGHEST SANITARY STANDARDS.
\;OMl'u~"'~1j

The food service program is under the direct supervision of a
Qrofessionally trained and certified food service
administrator. Responsibilities of cooks and cook foremen
are in writing. The Food 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 r.1I hinf~to;: close_with an a~ IVCU lor.kinp device. and
the on-duty cook foreman maintains control of the key that
locks the device.
All knives not in a secure cutting room are physically
secured to the workstation and staff directly supervises
detainees using knives at these workstations. Staff monitors
the condition of knives and dining utensils.
When necessary, special procedures govern the handling of
food items that po~a security_threat.
Operating procedures include daily searches (shakedowns)
. detainee work areas.
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 .•
It.
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
'''ocu.i;'''o detainee pay.
~~
Me ,e",ed at least two hot meals eve<y day. No
than 14 hours elapse between the last meal served and
the first meal of the l.ollowit!&. day.

R .... MAUKji;

No detainees or inmate workers are allowed in
the kitchen which is a secured area. All knives
are stored in a locked metal box in a locked
storage room unless being used by one of the
three kitchen employees.

There are no detainee work areas in the
kitchen.

No detainees work in the kitchen.

No detainee workers or volunteers work in the
kitchen.

No detainees work in the kitchen.

The facility does not have a voluntary work
program for detainees in the kitchen.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 11 of73

FOOD SERVICE
POLICY:

EVERY FACILITY WILL PROVIDE DETAINEES IN ITS CARE WITH NUTRITIOUS AND APPETIZING MEALS, PREPARED IN
SANITARY STANDARDS.
R I?M ARKS:
NA
COMrU1'l~1'I1~
YES
No

IANrF WITH THE HIGHEST

i
I

For cafeteria style operations, a transparent "sneeze guard"
protects both the serving line and salad bar line.
The facility has a standard 35-day menu cycle. IGSAs use a
35 day or similar system for rotating meals.
The FSA or facility considers the ethnic diversity of the
facility's detainee population when developing menu cycles
.1. ,).
(Provide
A registered dietitian conducts a complete nutritional
llnalvsis of every master-vicle menu ~l"~",,,rl
The FSA has established procedures to ensure that items on
the master-cycle menu are prepared and presented according
to a1'l" v ,,,d recipes.
The Cook Foreman has the authority to change menu items if

IZl

Meals are served on a satellite basis.

'yo

•

If yes, documenting each substitution, along with its
justification
• With copy to FSA
All staff and volunteers know and adhere to written "food
Y"

i()n' 111 U"CUUl
.1.
Cli.

Detainees whose religious beliefs require the adherence to
particular 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;
Common-fare meals are served with:
0
• 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 PiugHU11.
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.
The common-fare program accommodates detainees
abstaining from particular foods or fasting for religious
purposes at prescribed times of the year.
• Muslims fasting during Ramadan receive their
meals after sundown.
• Jews who observe Passover but do not participate in
the Common-Fare Program receIve the same
Kosher-for- Passover meals as those who do
participate.
• Main-line offerings include one meatless meal
(lunch or dinner) on Ash Wednesday and Fridays
during Lent.

IZl

Diets are prepared as required or as requested
by the detainee. Religious meals or health
related diets are reviewed, approved, and
served as needed.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 12 of73

FOOD SERVICE
POLICY: EVERY FACILITY WILL PROVIDE DETAINEES IN ITS CARE WITH NUTRITIOUS AND APPETIZING MEALS, PREPARED IN
.rrORn 4.NCE WITH THE HIGHEST SANITARY STANDARDS.
0
HIS
YES No
NA
REMARKS
The food service program addresses medical diets.
Provided per memo identified above dated
~
0
0
7/24/09.
Satellite-feeding programs follow !!uidelines for proper
0
0
~
sanitation.
Hot and cold foods are maintained at the prescribed, "safe"
~
0
0
temperature(s) while being served.
~

All meals are provided in nutritionally adequate portions.

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
cpr,,;nn
f,,"rl 'mrl
-0

0
0

No detainees work in the food service area.

•

The sanitary operation, care, and maintenance of
.n· ,;,
"1t.
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 thei!J,specticllls?
Equipment is inspected for compliance with health and
safety codes and regulations.
• When was the most recent inspection?
• Which agency conducted the inspecilUIl?
Reports of discrepancies are forwarded to the Warden or
designated department head, and corrective action is
scheduled and r.()mnlptpil
Standard procedure includes checking and documenting
temperatures of all dishwashing machines after each meal.
Staff documents the results of every refrigerator/freezer
temperature check.
The cleaning schedule for each food serVIce area is
conspicuously posted.
Procedures include inspecting all incoming food shipments
for damage, contamination, and pest infestation.
c.
•locked when not in
..,

o DEFICIENT

~ ACCEPT ABLE

OAT-RISK

The FSA conducts inspections.

o REPEAT FINDING

REMARKS:
In general facility policy and practice was consistent with the intent and requirement of the standard. No detainees work in the kitchen
area which is physically outside the secure area of the facility. Menus were reviewed by a registered dietician and determined to be
nutritionally compliant based upon RDA and DR! recommendations of the National Academy of Sciences, Institute of Medicine-Food
and Nutrition Board, Memo 7124/09. Furthermore, it should be noted that the cleanliness and efficiency of the kitchen operation was
v"'Y good.
to ex",d
'''ng qrndity ""d pm-tion.

Meal. "1'1",.,.ed

.UD

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FUNDS AND PERSONAL PROPERTY
IMPLEMENT PROCEDURES TO CONTROL AND SAFEGUARD DETAINEES' PERSONAL PROPERTY.
:'R()Cl:lDlJRI:lS 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: (lGSA ONLY) CHECK THIS BOX IF ALL ICE DETAINEE FuNDS, VALUABLES AND PROPERTY ARE
ONLY BY THE ICE FIELD OFFICE OR SUB-OFFICE IN CONTROL OF THE DETAINEE CASE.

Detainee funds and valuables are properly separated, stored,
accessible only by designated supervisor(s).
Detainees' large valuables are secured in a location accessible to
designated supervisor(s) or processing staff only.

audits are
Two officers are present during the processing of detainee funds and
valuables during in-processing to the facility. Both officers verify
funds and valuables.

detainees and their personal property for

procedures for handling detainee property claims
ICE standard.
The facility attempts to notify an out-processed detainee that he/she
left property in the facility:
• By sending written notice to the detainee's last known
address;
• Via certified mail; and
• The notice state that the detainee has 30 days in which to
claim the property, after which it will be considered
abandoned.
The facility disposes of abandoned property in accordance with
written procedures.
• If a CDF/IGSA
the

D
D

HANDLED

Property is collected and bagged but
is stored in an area accessible by all
staff.
The room where detainee property is
stored is monitored by a security
camera but is left unlocked and
accessible
all staff.

Staff indicated that based upon
insufficient availability of personnel
the presence of two officers during
in-processing of detainees was not

REMARKS:

•

In general facility practice and policy are consistent with the intent and requirement of the standard. However, concerns are noted
regarding the physical security of the detainee property storage area and the number of personnel present when processing detainee
.mdS and valuables.
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Page 14 of73

DETAINEE GRIEVANCE PROCEDURES
EVERY FACILITY WILL DEVELOP AND IMPLEMENT STANDARD OPERATING PROCEDURES (SOPS) FOR ADDRESSING DETAINEE
GRIEVANCES IN TIMELY FASHION. EACH STEP IN THE PROCESS WILL OCCUR WITHIN THE PRESCRIBED TIME FRAME. AMONG OTHER
THINGS, A GRIEVANCE WILL BE PROCESSED, INVESTIGATED, AND DECIDED (SUBJECT TO APPEAL) IN ACCORDANCE WITH THE SOPS; A
GRIEVANCE COMMITTEE WILL CONVENE AS PROVIDED IN THE SOPS. STANDARD PROCEDURE WILL INCLUDE PROVIDING THE DETAINEE
WITH A WRITTEN RESPONSE TO ANY FORMAL GRIEVANCE, WHICH WILL INCLUDE THE BASIS FOR THE DECISION. THE FACILITY WILL ALSO
ESTABLISH STANDARD PROCEDURES FOR HANDLING EMERGENCY GRIEVANCES. ALL GRIEVANCES WILL RECEIVE SUPERVISORY REVIEW.
REpRISAL AGAINST THE FILER OF A GRIEVANCE WILL NOT BE TOLERATED.

Written procedures provide for the informal resolution of oral
grievances (Not mandatory).
• If yes, the detainee has up to five days within which to make
hislher concern known to a member of the staff.
Detainees have access to the grievance committee (or equivalent in
IGSA), using formal procedures.

•

detainees

identify emergency
them.
There are documented or substantiated cases
staff harassing,
disciplining, penalizing, or otherwise retaliating against a detainee
who lodged a complaint:
f"yr'f"I1.t1no

• If
Procedures include maintaining a Detainee Grievance Log.
• If not, an alternative acceptable record keeping system is
maintained.
• "Nuisance complaints" are identified in the records.
• For quality control purposes, staff document nuisance
received but not filed.
Staff is
forward any grievance
official or, in a CDFIIGSA
~ ACCEPTABLE

DEFICIENT

o
OAT-RISK

REPEAT FINDING

REMARKS:

In general, facility policy and practice was consistent with the requirement and intent of the standard. The grievance file was reviewed
as well as the "Incidents and Complaints Activity for the Facility" report during the past twelve months.
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•

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Page 15 of73

GROUP LEGAL RIGHTS PRESENTATIONS
POLICY: FACILITIES HOUSING ICE DETAINEES SHALL PERMIT AUTHORIZE PERSONS TO MAKE PRESENTATIONS TO GROUPS OF
FOR THE PURPOSE OF INFORMING THEM OF U.S. IMMIGRATION LAW AND PROCEDURES, CONSISTENT WITH THE SECURITY AND
OPERATION OF EACH FACILITY. ICE ENCOURAGES SUCH PRESENTATIONS, WHICH INSTRUCT DETAINEES ABOUT THE
IMMIGRATION SYSTEM AND THEIR RIGHTS AND OPTIONS WITHIN IT.
~ 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•
(

fr.l'Il~

The Field Office is responsive to .,.
by attorneys and accredited
ions.
'~P'''''''HI.(lU''':S for group p.
Upon receipt of concurrence by the Field Office Director, the facility
or authorized ICE Field Office ensures timely and proper notification
to att.orneys or accredited.
LVC~.
The facility follows policy and procedure when rejecting or requesting
modifications to objectionable material provided or presented by the
~~ or accredited '''p''
-0 r

rUMCU;

app"'" ...

a._~u ~,.,,~u.

RF,MARKS

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.
are ~dmitted when necessary to assist attorneys and other
'''p''
ves.
Presenters are afforded a minimum of one hour to make the
ion and to conduct a question-and-answer session,
pI
f 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

e,."."."
p~der~

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
IS

fll'

The facility plays ICE-approved Videotaped presentations on legal
rights at regular opportunities, at the request of outside organizations.
of the Group Legal Rights Presentation policy, including
A
attachments, is available to detainees upon request

D DEFICIENT

[gI ACCEPT ABLE

AT-RISK

D REPEAT FINDING

REMARKS:
!

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Page 16 of73

ISSUANCE AND EXCHANGE OF CLOTHING, BEDDING, AND TOWELS

• ICE REQUIRES THAT ALL FACILITIES HOUSING ICE DETAINEES PROVIDE CLEAN CLOTHING, BEDDING, LINENS AND TOWELS TO
ICE DETAINEE UPON ARRIVAL. FURTHER, FACILITIES SHALL PROVIDE ICE DETAINEES WITH REGULAR EXCHANGES OF CLOTHING,

T ,TNFN~

AND TOWELS FOR AS LONG AS THEY REMAIN IN DETENTION.
C.
IENT:S

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-i>:>:llPrl footwear.
,LL

,:1_ L

.LL

~ ACCEPTABLE

o o
u

DEFICIENT

REMARKS

o o

,.I;.,

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.
~
H>:>:igned to special work areas are clothed in accordance
~th the requirC1llCmiS of the jop.
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 !!arments . ~
V(lhmtpPT rlptl'linpp workers are permitted to exchange outer garments
more frcyucutly.

o o
o

There are no detainee work
programs.

o o
o
o

o
o

AT-RISK

There are no detainee work
1-'1 '

There are no detainee work
1-'1 VbI allI".

REPEAT FINDING

REMARKS:

No inmates or detainees are assigned work programs at the facility.
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IGNA

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Page 17 of73

MARRIAGE REQUESTS
POLICY: ALL DEIAINEE MARRIAGE

Field Office considers detainee marriage requests on a case-bycase basis.
every marriage request rejected by a
are documented.
It is standard practice to require a written request for permission to
The written request includes a
documentation from the intended
The Warden/OlC
detainee and
is denied,

or comparable
marital intent.

provides the detainee with a place and time to make

o DEFICIENT

~ ACCEPTABLE

AT-RISK

FINDING

REMARKS:

All requests (one in the last four years) are sent through the local ICE staff and forwarded to the regional office in Bloomington, MN,
for review.
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Page 18 of73

NON-MEDICAL EMERGENCY ESCORTED TRIPS
THE IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) MAY PROVIDE DETAINEES WITH STAFF-ESCORTED TRIPS INTO THE
FOR THE PURPOSE OF VISITING CRITICALLY ILL MEMBERS OF THE DETAINEE'S IMMEDIATE FAMILY, OR FOR ATTENDING

I2?l STANDARD N/A:

CHECK TIDS 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.

The Field Office Director considers and approves, on a case-by-case
basis, trips to an immediate family member's:
• Funeral; or
• Deathbed
The facility recognizes mother, father,
and foster
as "immediate
The IGSA facility notifies ICE of all detainee requests for non-medical
escorts.

Escorting officers report unexpected situations to the originating
facility as a matter of procedure, and the ranking supervisor on duty
has the
to issue instructions for
of the
Escorting officers have the discretion to increase or decrease minimum
restraints in accordance with written procedures and classification
level of the detainee.
officers are precluded from accepting gifts/gratuities from a
or detainee's relative or friend for
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;
• Do not purchase, possess, use, consume, or administer narcotics,
other drugs, or intoxicants;
• Make no unauthorized phone calls; and
• Know they are subject to search, urinalysis, breathalyzer, or
test
return.
Standard procedure
the immediate return to the facility of any
detainee who violates
rules.

o DEFICIENT

o ACCEPTABLE

o
o

OAT-RISK

REPEAT FINDING

REMARKS:

All non-medical emergency escorted trips are handled only by the ICE Field Office or Sub-Office in charge of the detainee.

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Page 19 of73

RECREATION
POLICY: IT IS ICE POLICY TO PROVIDE ACCESS TO RECREATIONAL PROGRAMS AND ACTIVITIES TO ALL ICE DETAINEES, TO THE EXTENT
POSSIBLE, UNDER CONDITIONS OF SECURITY AND SUPERVISION THAT PROTECT THEIR SAFETY AND WELFARE.
COMPONENTS
The facility has a recreation nroQTam and facility.
A recreational specialist (for facilities with more than 350 detainees)
tailors the p<U5'"m activities and offerings to the detaineel'opulation.
Regular maintenance keeps recreational facilities and equipment in good
condition.
The recreational specialist or trained equivalent supervises detainee
recreation workers.
The recreational ~npr.l111i~t or trainee
ivalent vv<a""'",,, recreation
for speci;l h()ll~ln1" units (SHU) and ~npr.il'll-nppil~ detainees.
lS offer ,,"'U<OUl(U activmes, e.g .. board games, cards, television.
n
Out~ide activities are restricted to limited-contact sports.
Each detainee has ~e v(J(Jv(tuni~ pl1I~l1LC ~dailyl'
nptl'linpp~ have
to recreation activities outside the housing units
.1.
IVI l1L ICl11SL VUC llVUI Ul111Y, J ua.r" a yyvv,,".
Staff checks all items for damage and condition when equipment is
returned.
Staff conduct~ searches oL,
areas before and after use.
Alli"f:creatiQ!l are~und~r.on"tl'lntJ>taf~erv~.
Supervising staff IS equipped with radios.
The facility provide~ detainees in the SHU at least one hour of outdoor
recreation time daily, five times per week.
Detainees in
• lary/administrative segreg~tion
a written
exnlanation when a panel re'yokes Qislher recreatlOn priv~es.
Special (J1V~1i:1lU1S or reJiolow: activities are avai1l'1hlp to .1.
~ppr~ are required to sign a waiver of liability before entering a
portion of the facility where detainees are present.
~

Visitors, relatives or friends are not allowed to serve as volunteers.
... 1~I~aU"ll
.... is-'
.. , check this box. No £.
.LL
•• . R.
"II~I~U,
.W'll~1 AHa""
If the facility has no outside recreation, are detainees considered for
transfer after six months?
• If yes, written procedures ensure timely review of all eligible
detainees.
Case officers make written transfer recommendations about every sixmonth detainee to the Ole.
The OIC documents all detain,
. decisions. whether yes or no.
The detainee's written decision for or against an offered transfer
documented in hislher A-file.
Staff uULific1S the detainee's legal representative of hislher decision to
m;~c/decline a transfer.
If: ICl;I"'"llUll is available, the ICE Districts routinely review transfer
plioihilitv for all detainees after 60 days.
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
inplioihility for transfer.
The detainee's legal representative is notified of the detainee's/OIC's
decision.

[8J1f

~ ACCEPTABLE

o DEFICIENT

YES

D
D

~
IZ]

D
D

IZ]

[]

~
~
~

[ ]

~
....:..

. . .tA' .... " ' . .

The facility houses less than 350
detainees.
The facility houses less than 350
detainees.

D
D

.•. -": when

1~'1W. ~u

0
0
0

OAT-RISK

The facility houses less than 350
detainees.

D
Q
D

REMARKS

Volunteers in an IGSA are not
required to sign a waiver of
liability.
A'

o REPEAT FINDING

FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE)
Page 20 of73

....

.is .,fft:n:d.

REMARKS:

In general, the facility policy and practice was consistent with the requirement and intent of the standard.
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Page 21 of73

RELIGIOUS PRACTICES

• 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

•
The facility accommodates recognized holy-day observances by:
• Providing special meals, consistent with dietary restrictions;
• Honoring fasting requirements;
• Facilitating religious services; and

D DEFICIENT
REMARKS:
Facility policy and practice was consistent w

AT-RISK

items is not allowed at the

D REPEAT FINDING

irements and intent of the standard.
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Page 22 of73

*===

DETAINEE TELEPIIONEACCESS

[. ALL FACILITIES HOUSING ICE DETAINEES WILL PERMIT DETAINEES' REASONABLE AND EQUITABLE ACCESS TO TELEPHONES.
n
IllS
YES
No
NA
REMARKS:
P
allowed access to telephones during established
[gI
0
0
facility waking hours.
Upon admittance, detainees are made aware of the facility's
[gI
0
0
telenhone access policy.
[gI
Access rules are posted in housing units,
0
U
The facility makes a reasonable effort to provide key
[gI
information to detainees in languages spoken by any significant
0
0
portion of the f~s nonulation,
Telephones are provided at a minimum ratio of one telephone
[gI
0
0
per 25 detainees in the facility population.
Telephones are inspected regularly by facility staff to ensure
that they are in good working order.

[gI

The facilitv :lilministration nromntlv renorts em .+
telephones to the facility's telephone service provider.

......

uta

The facility administration monitors repair progress and takes
appropriate measures to ensure that required repairs are begun
and completed timely.
Detainees are afforded a reasonable degree of privacy for legal
phone calls.
A p1U~t::dlU t:: exists to assist a detainee who is having trouble
placing a ,,()nfiilp.nti:ll call.
The facility provides the detainees with the ability to make noncollect (special access) calls.
Access calls are at no charge to the ;1.

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.

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.

,.....,

I2SJ

,.....,
U

[gI

The ICE Officer on site provided
documentation of weekly checks
conducted to confirm the OIG number was
programmed and checked. However, this
inspector was unable to reach the OIG by
following the posted procedures within the
detainee living unit. Upon further
inspection, in concert with ICE Officer on
site, the OIG hotline was reached. It was
determined that posted procedures were
incorrect and they would be revised. The
on site ICE Officer corrected the posted
number dfe~~~ ve, September 30 2009.

NCJ has not experienced any requests to
allow this component. However, NCJ staff
and ICE Officer on site indicated if a
request was received it would be
pI

~tel~hon" ,",!riOl;on' ...e do'um~ted
facility has a system for taking and delivering emergency
detainee telephone messages.

[gI

FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE)
Page 23 of73

DETAINEE TELEPHONE ACCESS

-==----=

POLICY: ALL FACILITIES HOUSING ICE DEfAINEES WILL PERMIT DEfAINEES' REASONABLE AND ROf fiT ART .1' ACCESS TO TELEPHONES.
C'I

illS

~mergency phone call messages are immediately given to

detainees.

fV'1

RICM 4.RKS

LC>I

Detainees are allowed to return emergency phone calls as soon
as nossihle.
Detainees in disciplinary segregation are allowed phone calls
relating to the detainee's immigration case or other legal matters,
includim1 consultation calls.
Detainees in disciplinary segregation are allowed phone calls to
consular/embassvofficials.
np.t",inp.p.~ in disciplinary segregation are allowed phone calls for
family~,.

YES

,,~ip.~

Detainees in administrative detention and protective custody are
afforded the same telephone privileges as those in general
population.
""U, nor' ca or 1S postea
When detainee phone calls are m,
by detainee telephones that phone calls made by the detainees
may be monitored. Special Access calls are not monitored.

~ ACCEPTABLE

DEFICIENT

OAT-RISK

REPEAT FINDING

REMARKS:

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Page 24 of73

VISITATION

ICE SHALL PERMIT DETAINEES TO VISIT WITH FAMILY, FRIENDS, LEGAL REPRESENTATIVES, SPECIAL INTEREST GROUPS, AND
:NEWS_ MEDIA.
S~Pu~~

llo_

There is a written visitation schedule and hours for general
visitation.
The visitation hours tailored to the detainee population and the
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.

0
0
0

r\?1

0
0
n

A visitor dress code is available to the public.

Visitors are searched and identified according to standard
requirements.

0
0

The requirpmPnt on visitation by minors is complied with.

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

NCJ allows visitation by minors.

A written copy of the rules regulating visitation and the hours
of visitation is available to visitors.
A general visitation log main til in pil
_The ilptllinpp,. are J:'ClllllLlCU to retain pCfsonal pI UpClly items
specified in the standard.

After that time, on request, ICE considers a transfer, when
lsihle, to a facility that will allow minor visitation. At a
limum. monthlv visits are allowed.
in special housing
afforded visitation.

OL->O

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.

On regular business days, detainees are given the option of
continuing a meeting with a legal representative through a
scheduled meal.

Private consultation rooms are available for attorney meetings.
There is a mechanism for the detainee and hislher
ltive to _1.
documents.
H.p'
There are written procedures .,uvcmmg ;I.
searches.
When strip searches are required after every contact visit with a
legal representative, the facility provides an option for noncontact visits with legal 1"PI """lltaH V"".
Prior to each visit, legal service providers and assistants are
identified per the standard.

The current list of pro bono legal organizations is posted in the
detainee housing areas and other appropriate areas.

The decislOn to permit or deny a tour is not delegated below
the level ofField Office Director.

,:.:~';~'

fo' NGO vi'itation, '" ,tatoo in the Detention

Is are complied with.

RRMARKS

NCJ staff does not conduct strip searches
after every legal visit.

NCJ has not experienced any NGO
visitation but indicates it would follow
procedure if same was requested in the
future.

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Page 25 of73

VISITATION

POLICY: ICE SHALL PERMIT DETAINEES TO VISIT WITH FAMILY, FRIENDS, LEGAL REPRESENTATIVES, SPECIAL INTEREST GROUPS, AND
NEWS MEDIA.

enforcement officials who request to visit with a detainee
are referred to the ICE Field Office for approval.

Former detainees or aliens in proceedings, requesting to visit
with a detainee, are referred to the OIC or ICE Field Office.

Procedures are in place, consistent with the detention standard,
for examinations by independent medical service providers and
experts.

~ ACCEPTABLE

o DEFICIENT

OAT-RISK

o REPEAT FINDING

REMARKS:
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•

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Page 26 of73

~~~

VOLUNTARY WORK PROGRAM

• IN EVERY FACILITY OFFERING A VOLUNTARY WORK PROGRAM, ICE DETAINEES WILL HAVE THE OPPORTUNITY TO WORK AND
MONEY BY PARTICIPATING. WHILE NOT LEGALLY REQUIRED, ICE AFFORDS DETAINEE WORKERS BASIC OCCUPATIONAL SAFETY
AND HEALTH ADMINISTRATION (OSHA) PROTECTIONS.

I
!

~ 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.
0
RRMARKS
lJ!.l'IllS
YES
No
NA
Does the facility have a voluntary work program?
• Do ICE detainees participate?
Detainee h
H! meets neatness and cleanliness standards.
Detainees have the opportunity to participate in special details,
however, are never allowed to work outside the secure
Written procedures govern selection of detainees for the Voluntary
Work !'.
;ible, physically and mentally challenged detainees
Where
..
~1.

1"" "'''1''''''

D
D
D

LH . . . "

The facility complies with work-hour requirements for detainees, not
exceeding:
• Eight hours a day and Forty hours a week.
Dp.tllinp.p. volunteers O'p.np.Tllllv work a,-,-vrding to fixed schedule.
If detllinee is removed from a work detail, staff places the written
justification for the action in the detainee's detention file.
Staff, in accordance with written procedure, ensures that detainee
volunteers understand their responsibilities as workers before they join
the work program.
The voluntary work program meets:
• OSHA, NFPA, ACA standards
redical staff screen and formally certify detainee food service
volunteers.
• Before the assignment begins; and
As a matter of written 1'1 v,-",du..:;
f'
receive safety equipment! training sufficient for the
assif!t1ment.
Proper procedure is followed when an ICE detainee is injured on the
job.

•

D ACCEPTABLE

D DEFICIENT

AT-RISK

D REPEAT FINDING

REMARKS:

Detrun", "" not authodzed to wo,k at t

unty detention Jaoility.
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AUDITOR'SSIG

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•

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Page 27 of73

•

SECTION II

HEALTH SERVICES STANDARDS

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 28 of73

HUNGER STRIKES

ALL

FACIUTIES WlLL roLWW STANDARD GUIDELINES RlR TIlE MFllICAL AND ADMINISTRATIVE MANAGEMENT OF ICE
By MONITORING OF THE HEALTH AND WELFARE OF THE INDIVIDUAL DETAINEES, FACILITIES

ENGAGING IN HUNGER STRIKES.
WILL STRIVE TO SUSTAIN THEIR LIVES.

COMPONENTS

When a detainee has refused food for 72 hours, it is standard practice
for staff to refer himlher to the medical department.

A signed Refusal of Treatment form is required of every detainee who
rejects medical evaluation or treatment.

During a hunger strike, staff document and provide the hunger-striking
detainee three meals a day.

Staff maintains the hunger striker's supply of drinking water/other
beverages.

During a hunger strike, staff removes all food items from the hunger
striker's living area.

Staff is directed to record the hunger striker's fluid intake and food
consumption; Does staff always uses Hunger Strike Monitoring Form
1-839 or similar IGSA form.

The medical staff has written procedures for treating hunger strikers.

Staff documents all treatment attempts, including attempts to persuade
hunger striker of medical risks.

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.

CDFs and IGSAs immediately report a hunger strike to the ICE.

The facility has established procedures to ensure staff respond
immediately to a hunger strike.
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.
Medical staff records the weight and vital signs of a hunger-striking
detainee at least once every 24 hours.

The OIC of the facility obtains a hunger striker's consent before
leoicl'll treatment.

~ ACCEPTABLE

D DEFICIENT

AT-RISK

REMARKS

NCJ, refers any person on a
hunger strike to the medical
unit.
The local ICE officer is notified
by email of any detainee issue,
includinQ hunger strikes.
NCJ, Hunger Strike Jail Policy,
G-16, addresses this issue.
An isolation cell adjacent to the
main living pod is utilized for
this purpu:st:.
Hunger strikers are >:ingle-celleo
in their own housing unit or are
placed in the isolation cell.
From Monday-Friday, a RN is
at the facility and takes vital
signs. On weekends or holidays,
correctional officers who have
completed specialized medical
training offered by the RN
gather vitals.
A consent for treatment is
obtained prior to providing any
medical treatment for hunger
strikers.
A Refusal of Treatment form is
completed and filed in the
detainee's medical record.
Procedures provide for three
meals per day to be provided.

NCJ utilizes the Hunger Strike
Monitoring Form to record fluid
and food intake.
NCJ, Hunger Strike, Jail Policy,
G-16 addresses this issue.
Staff record any and all
treatment attempts.
Staff are initially trained by the
Field Training Officer and the
jail nurse about hunger strikes.
Yearly follow-up is given by the
nurse.

D REPEAT FINDING

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 29 of73

REMARKS:

•

Prior to this time, detainees have been held at this facility less than 72 hours and thus, no individuals would have qualified as a hunger
triker. Only one inmate in the last year has been on a hunger strike, but that file was not available for review. All policies and
rocedures meet the ICE guidelines.
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AUDITOR'S SIGNATURE / DATE
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Page 30 of73

~
. AI

ACCESS TO MEDICAL CARE
EVERY FACILITY WILL ESTABLISH
WELL-BEING OF ICE DETAINEES.
{"'j

U!.1''I

AND

MAINTAIN

ACCREDITED/ACCREDITATION-WORTHY HEALTH PROGRAM FOR THE

Facilities operate a health care facility in compliance with state and
local laws and guidelines.

The facility's in-processing procedures for arriving detainees include
medical screening.

A 11 rlat.,; .... a.~

......
L2SJ

,.......,
L..J

r-1

h"vp

M'.l'.P""

tn "nrl

rpl'p,vp ",prl,l''' l-.eare

The facility has access to a PHS/DIRS Managed Health Care
Coordinator.

L..J

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
• • I U health care.
privacy when 1
The medical facility has its own restricted-access area. The restricted
access area is located within the confines of the secure
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.

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
n.
lrallv. no copi~s made and placed in detainee files.
• E
Pharmaceuticals are stored in a secure area.

RRMARKS

The physician, the nurse
practioners, and the RN are
licensed by the State of
Minnesota. Correctional staff
receive specialized training in
dispensing medication per the
Rules Governing Administrative
Detention Facilities, Chapter
2911.
A medical, intake screening is
conducted by specially trained
correctional officers.
Sick call SIlOS are ilviliJ..hle in
all areas of the pnson.
The Treatment Authorization
Request has been utilized by
this facility.
Per MN Statute, Chapter 2911,
NCJ utilizes correctional
officers to dispense medications
and take vitals (blood pressure
by automated cuft; temperature,
and heart rate). Sick call is
conducted by a RN and
necessary follow-up treatment is
completed by by nurse
111,
• len: or a physician.
A fully equipped exam room is
available for medical treatment.
The medical unit is selfcontained within _~rison___
Detainees are brought one-at-atime into the medical facility by
a correctional officer. There are
chairs at the entrance to the
health care unit.
The detainee is under direct
control and observation of the
correctional officer while they
are in the medical facility.
There is a bathroom with a sink
that is available for detainee use.
There is no drinking fountain.
The medical records are kept in
locked file cabinets within the
health care unit.
Pharmaceuticals are stored in a
secure medical cart that is kept
in a locked office until it is
needed.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 31 of73

ACCESS TO MEDICAL CARE
POLICY: EVERY FACILITY WILL ESTABLISH AND MAINTAIN AN ACCREDITED/ACCREDITATION-WORTHY HEALTH PROGRAM FOR THE
WELL-BEING OF ICE DETAINEES.

[edical 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.

All detainees receive a mental-health screening upon arrival. It is
conducted:
D.

,1+t..

.. ,,~..

i,jpr Ar "np<,;"l1utr,,;np,j
T .

offi"",r'

~nn

• Before a net~jnee's ~~~1I7nment to a hOll~mp unit.
The facility health care provider promptly reviews all 1-794s (or
equivalent) to identify detainees needing medical attention.

The health care provider physically examines/assesses arriving
detainees within 14 days of admission/arrival at the facility.

Detainees in the Special Management Unit have access to health care
services.

Staff provides detainees with health services (sick call) request slips
daily, upon request.
• Request slips are available in languages other than English,
including every language spoken by a sizeable number of the
facility's detainee population.
• Service-request slips are delivered in a timely fashion to the
health care 1'1 V "UI01
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 required.

The plan includes an on-call provider.

The ,Ian includes a list of telephone numbers for local ambulance and
services.
plan includes procedures for facility staff to utilize this emergency
care consistent with security and safety.

ho~nital

There were no detainee files
available. A review of fifteen,
inmate charts was conducted
and only three had TB tests
administered within one day.
However, MN Statute only
require a TB test within 14 days
for persons housed within DOC.
Nursing staff is not available to
conduct a TB test on weekends
or holidays.
A correctional officer conducts
the mental health screening at
the same time as the m"'ni,,~l
~"r"''''ninp occurs.
During normal business hours,
the jail nurse reviews all the
intake screenings on a daily
basis.
As this facility had been
previously designated an Under72 operation, there were no
detainee files to assess. A
number of inmate files were
reviewed and not found to be in
compliance with this standard.
MN Statute only requires a
health appraisal on inmates with
chronic or persistent medical
conditions.
All detainees have access to sick
call slips, including those who
would be housed in the Special
ManaQement Unit.
Sick call slips are available in
all housing areas of this facility.
They are currently available in
English only.
The Inmate Sick Call, Jail
Policy, G-08, addresses the
procedure for providing
emergency medical treatment.
A list of all the on-call providers
is updated monthly by the jail
nurse.
All local emergency numbers
are contained within the pla~
Security issues are "applicable"
to all staff, including medical
leI.

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Page 32 of73

ACCESS TO MEDICAL CARE
POLICY: EVERY FACILITY WILL ESTABLISH AND MAINTAIN AN ACCREDITED/ACCREDITATION-WORTHY HEALTH PROGRAM FOR THE
J.L>"~L~~rAHL",WELL-BEING OF ICE DETAINEES.
,pt.>",tu'u""u staff is trained to respond to health-related emergencies
within a 4-minute response time.

Where staff is used to distribute medication, a health care provider
properly trains these officers.

The medical unit keeps written records of medication that
distributed.

The Form 1-819 (or IGSA equivalent) is used to notify the
WardeniF acility of a detainee that has special medical needs.

A signed and dated consent form is obtained from a detainee before
medical treatment is administered.

use the 1-813 (or IGSA equivalent) to authorize the release
of confidential medical records to outside sources.

D
The facility health care provider is given advance notice prior to the
release, transfer, or removal of a detainee.

D
D

Detainee's medical records or a copy thereof, are available and
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
"MEDICAL CONFIDENTIAL".

•

ACCEPTABLE

rg] DEFICIENT

OAT-RISK

All staff are CPR, first aid, and
AED trained. Drills are not
conducted to establish response
times. The jail nurse estimated
response times were less than
four minutes.
All staff is required to attend
specialized training in
dispensing medication. Per MN
Statute, these individuals are
allowed to distribute
medications.
Each dose of medication is
"signed off' by the correctional
officer delivering the
medication, as well as by the
detainee. The Medication
Administration Record is kept in
the detainee file.
The jail nurse will contact the
jail administrator by phone or
by email when a special needs
detainee arrives.
Consent forms were not being
utilized on a consistent basis
even though they are available.
A Minnesota Standard Consent
Form to Release Health
Information is signed prior to
confidential information being
released.
The jail nurse reported she is
seldom notified by ICE of
. I p- transfers.
The medical records are often
transferred with the detainee.
When the time of transfer
prohibits this process, the
records are faxed to the
appropriate facility.
Medical records are sent in a
sealed envelope that is
llvmarked.

rg] REPEAT FINDING

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 33 of73

REMARKS:

The facility's medical services are contracted through the Sanford Worthington Clinic. They provide an on-call medical director, two
urse practitioners for two hours twice a week, and a RN, who works for 40 hours a week, Monday-Friday.
The RN conducts sick call on a daily basis and refers detainees for follow-up by the nurse practitioner or the physician as necessary.
The Sanford Worthington Clinic or the local hospital provides emergency services. Medication is distributed by correctional officers
following specialized training that is provided by the jail nurse. When the jail nurse is not available, these officers also take vital signs
and provide that information to the on-call physician when necessary. An automated blood pressure cuff is utilized, only after the RN
provides training in taking vitals, which is documented in the officer's training file.
TB test have not been completed within the one-day standard required by ICE. As this was an Under-72 facility, the previous TB
testing was not viewed as a major issue. Physicals have not been completed within a l4-dayperiod on all inmates. Facility staff should
understand they must meet ICE standards, despite the parameters within their state statutes.
The jail nurse reports TB tests and physicals will be completed on all detainees within appropriate timelines now that they are going to
be designated an Over-72 facility. The only exception will occur if detainees arrive at the facility when no medical staff is on duty.
The TB test would be done the next time medical staff is available. The local ICE officer indicated the office that utilizes this facility
is a Monda throu h Frida operation and would seldom send detainees to NCJ on a weekend or after hours.
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Ph.D. 1 10/0112009

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AUDITOR'S SIGNATURE 1D
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Page 34 of73

~?~

SUICIDE PREVENTION AND INTERVENTION

ALL DEfENTION STAFF WORKING WITH ICE DEfAINEES WILL BE TRAINED TO RECOGNIZE SUICIDE-RISK INDICATORS. STAFF
HANDLE POTENTIALLY SUICIDAL INDIVIDUALS WITH SENSITIVITY, SUPERVISION, AND REFERRALS. A CLINICALLY SUICIDAL
. nFTATNEE WILL RECEIVE PREVENTIVE SUPERVISION AND TREATMENT.

IENT:S

Every new staff member receives suicide-prevention training. Suicideprevention training occurs during the employee orientation program.

Training prepares staff to:
• Recognize potentially suicidal behavior;
• Refer potentially suicidal detainees, following facility
procedures; and
• Understand and apply suicide-prevention techniques.
A health-care provider or spe~ially trained officer screens all detainees
for suicide
11 as part of the lHlmi~~j()n process.
•
Screening does not occur later than one working day after the
detainee's arrival.
Written procedures cover when and how to refer at-risk detainees to
medical staff and procedures are followed.

clp.~i(JnMp.cl

L....J

The facility has a designated isolation room for evaluation and
treatment.
The

L....J

isolation room does not contain any structures or

it~ms that could be used in a suicide attempt.

Medical staff has approved the room for this purpose.

Staff observes and documents the status of a suicide-watch detainee at
least once every 15 minutes.

~ ACCEPTABLE

D DEFICIENT

AT-RISK

RFM ARK"

New hires are provided training
in the identification and
prevention of suicides. Yearly
refresher trainin!! is given.
A correctional officer was
interviewed and was able to
clearly articulate how to identifY
a suicidal detainee. The officer
was familiar with procedures to
ensure detainee safety.
A booking process was
observed and the officer asked
"1'1'1 upfiate questions of the
person being pI
The Suicide
Prevention/Intervention Jail
Policy, G-12, covers this
standard.
An isolation room is located
near the control room in the
main pod area.
The room that was being used
had a number of structures that
could be utilized in a suicide
attempt.
The jail nurse in conjunction
with the jail administrator
determine which rooms are most
suitable for isolation areas.
Fifteen minute watches are
conducted on all individuals on
watch.

D REPEAT FINDING

REMARKS:

The staff is well trained in suicide identification and prevention. The room utilized for the protection of a suicidal detainee was not
acceptable as it had too many structures, which could be utilized in a suicide attempt. The room had been picked as it was closest to
the pod control and was under direct observation of the officers working there. When the concern about the safety of these rooms was
brought to the jail administrator, she immediately took corrective action by designating other rooms for mental health watch. They are
in the booking area and in the medical pod and are considered more acceptable areas for placement.
b6,b7c
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Ph.D. I IO/OI/2QQ2

AUDI'fOR'SSIGNATUREIDATE

•

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Page 35 of73

TERMINAL ILLNESS,ADVANCED DIRECTIVES, AND DEATH

ALL FACILITIES HOUSING ICE DETAINEES SHALL HAVE POLICIES AND PROCEDURES ADDRESSING THE ISSUES OF TERMINAL
"LNESS 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.
~ CHECK THIS 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.
RIi'.MARK~
COMPul'l~f'n:'l
Y
N
NA

Detainees who are _1.
lily
terminally ill are transferred to an
111'1'1 U1'1~11'" offsite medical facility.
The facility or appropriate ICE office promptly notifies the next of kin
of the detainee's medical condition, to include:
•
The detainee's location; and
• The limitations placed on visiting.
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
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
a~ey~al " the documents.
There is a policy addressing "Do Not Resuscitate Orders"
n

with a "Do Not Resuscitate" order in the medical record
maximal therapeutic efforts short of resuscitation?
'!he 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

o
o

Terminally ill detainees are not
byNCl
The local ICE officer indicated
he would notify the family
members of any serious illeness
that develonerl

No seriously ill detainee would
be accepted.

This is not required as seriously
ill detainees are not
Terminal detainees are not

o
o
o

The local ICE officer indicated
he would be responsible for
ensuring this standard was met.

The local ICE officer assumes
responsibilty if this should
occur.

This would occur per ICE

The Inmate Death policy
addresses this standard.

repres~ntative.

The facility has written procedures to address the issues of organ
nnnlltinn ~ detainees.
The facility has written procedures to notify ICE officials, deceased
~ mp.ll1bers 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.
•
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
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;
•
Who will perform the autopsy;
•
Obtaining state approved death certificates; and
•
Local transportation of the body.

The Inmate Death policy would
cover this standard.
ICE is responsible for all
transporta'~Ull.

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Page 36 of73

TERMINAL ILLNESS, ADVANCED DIRECTIVES, AND DEATH
POLICY ALL FACILITIES HOUSING ICE DETAINEES SHALL HAVE POLICIES AND PROCEDURES ADDRESSING THE ISSUES OF TERMINAL
LLL.""O"~ OR INJURY, MEDICAL ADVANCED DIRECTIVES, AND DETAINEE DEATH, TO INCLUDE THE PROCEDURES TO ENSURE PROPER
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.

~ CHECK TIDS BOX IF THE FACILITY DOES NOT ACCEPT ICE DETAINEES WHO ARE SEVERELY OR TERMINALLY ILL. INDICATE NA
IN THE APPROPRIATE BOX FOR TIDS PORTION OF THE WORKSHEET. ALWAYS COMPLETE ALL REFERENCES TO DETAINEE DEATH
AND RELATED NOTIFICATIONS.
ICE staff follows established procedures to properly close the case of a
deceased detainee.

I:2J ACCEPTABLE

DEFICIENT

OAT-RISK

No detainee deaths have
occurred at NCl

o REPEAT FINDING

REMARKS:
This facility will not accept seriously ill detainees. No detainee deaths have occurred.
b6,b7c

Ph.D. 1 10/0
b6,b7c
AUDITOR'S SIGNATURE 1DATE

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•

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Page 37 of73

•

SECTION III

SECURITY AND CONTROL STANDARDS

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 38 of73

CONTRABAND
POLICY: ALL DETENTION FACILITIES WILL ENSURE THE PROPER HANDLING AND DISPOSAL OF ALL CONTRABAND. DOCUMENTATION OF
•ARANn DESTRUCTION IS REQUIRED.

The facility follows a written procedure for handling illegal
contraband. Staff inventory, hold, and report it when necessary to the
proper authority for action/possible seizure.

RJo:MARKS

Contraband that is government property is retained as evidence for
potential disciplinary action or criminal prosecution.

Staff returns property not needed as evidence to the proper authority.
Written procedures cover the return of such property.

Altered property is destroyed following documentation and using
established procedures.

The facility transfers custody of
illegal contraband to the
Worthington, MN Police
Department for storage and
disnosition
Hard or dangerous contraband
that is government property is
transferred to the Worthington
Police Department if needed for
disciplinary action or criminal
prosecution. Soft or nondangerous contraband is
maintained in the Shift
Supervisor's office.
Local Policy and Procedures
Manual does not provide
procedures for the return of
property to proper authority
when not needed as evidence.
Local Policy and Procedures
Manual does not provide
procedures to destroy altered
},lU},"";

Before confiscating religious items, the OIC or designated investigator
contacts a religious authority.

Staff follows written procedures when destroying hard contraband that
is illegal.

Hard contraband that is illegal (under criminal statutes) may be
retained and used for official use, e.g. training purposes.
If yes, under specific circumstances and using specified written
procedures. Hard contraband is secured when not in use.

o DEFICIENT

~ ACCEPTABLE

OAT-RISK

NCJ does not have religious
staff assigned to the facility,
they rely upon community
volunteers to provides these
services. Therefore the Jail
Administrator has determined
that if the item does not present
a security threat, it may be
retained pending a
determination of authenticity. If
the item does present a threat, it
will be immediately confiscated
until a determination is received
from a relipiom authority.
The facility transfers custody of
illegal contraband to the
Worthington, MN Police
Department for storage and
il i<:"o"i ti on
The facility has reserved the
option to use illegal contraband
for training purposes, although
they have not done so to this
]Joint.

o REPEAT FINDING

REMARKS:

. e facility generally compli

for. this security area.
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1 lO/1/09

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AUDITOR'S SIGNATURE IDA E

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FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 39 of73

DETENTION FILES
POLICY: EVERY FACILITY WILL CREATE A DETENTION FILE FOR EVERY ICE DETAINEE BOOKED INTO THE FACILITY, EXCLUDING ONLY
AINEES SCHEDULED TO DEPART WITHIN 24 HOURS. THE DETENTION FILE WILL CONTAIN COPIES AND, IN SOME CASES, THE ORIGINAL
SPECIFIED DOCUMENTS CONCERNING THE DETAINEE'S STAY IN THE FACILITY: CLASSIFICATION SHEET, MEDICAL QUESTIONNAIRE,

A detention file is created for every new arrival whose stay will
exceed 24 hours.
,",u,na'''" either originals or copies of
documentation and forms
the admissions
The detainee's detention file also contains documents generated
during the detainee's custody.
• Special requests
• Any G-589s and/or 1-77s closed-out during the detainee's
stay
• Disciplinary forms/Segregation forms
and the
of same
not, the cabinets are lockable and distribution of the keys is limited
to
The detention file remains active during the detainee's stay. When
the detainee is released from the facility, staff adds copies of
completed release documents, the original closed-out receipts for
property and valuables, the original 1-385 or equivalent, and other
documentation.
The
closing
detention file makes a notation that the file
and
be archived.
copies and sends documents from the file when
"Irn,np.rl'" requested by supervisory personnel at the receiving facility
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

o
o

REMARKS:
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Page 40 of73

tk:::

DISCIPLINARYI'OLICY

. ALL FACILITIES HOUSING ICE DETAINEES ARE AUTHORIZED TO IMPOSE DISCIPLINE ON DETAINEES WHOSE BEHAVIOR IS NOT IN
COMPLIANCE WITH FACILITY RULES AND REGULATIONS.
(

IENT:S

The facility has a written disciplinary system using progressive levels
of." ,no' "" and anneals.
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

·•

,'V"" VI "Vll' -r

1-'''

REMARKS

Local policy addresses these
areas.
Local policy provides for fair
and impartial disciplinary
action.
Current policy and procedure
does not specifically state all the
identified sanctions will not be
imposed on detainees; there is
evidence that in practice these
sanctions are prohibited.

'H"5"~

deprivation of physical exer Ise
The rules of conduct, sanctions, and procedures for violations are
defined 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
and Notice of Charges are promptly forwarded to the
desi!!nated ~p~ Vi"VI
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.

f",ipHn"'Y panel (oc equivalent in lGSA,) adjudicate.< infraction"
panel:
•
Conducts hearings on all charges and allegations referred by

A copy of the hunate Handbook
is maintained in each housing
unit and an orientation video is
shown to all newly arrived
detainees three times per week.
The hand book and video
explain the rules of conduct,
sanctions and disciplinary
procedures. Additionally, all
ICE detainees receive an ICE
Detainee Handbook from the
local field sub-office.
Each detainee receives both the
facility handbook and the ICE
handbook; both are available in
English and Spanish. These
handbooks contain all items
listed in this component.
The local policy and procedures
offer guidance on the violations
and sanctions that informal
resolution can be imposed.

Facility policy requires the
Correctional Officer who
observed and initiated the
incident report to investigate the
incident no later than 24 hours
after the incident.
A review of facility policy and
procedures did not reveal any
procedures for an intermediate
disciplinary process to
Hel:.l:
rules violations.
The facility employs a three
person panel to adjudicate
disciplinary reports. The panel
is .£omp~d of aJacilliY.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 41 of73

DISCIPLINARY POLICY
POLICY: ALL FACILITIES HOUSING ICE DETAINEES ARE AUfHORIZED TO IMPOSE DISCIPLINE ON DETAINEES WHOSE BEHAVIOR IS NOT IN
COMPLIANCE WITH FACILITY RULES AND REGULATIONS.

theUDC;
Considers written reports, statements, physical evidence, and
oral testimony;
• Hears pleadings by detainees and staff representatives;
• Bases its findings on the preponderance of evidence; and
•
authorized sanctions
A staff representative is available if requested for a detainee facing a
disciplinary hearing.

Sergeant and two other facility
staff members.

•

Detainees are advised in the ICE
Detainee Handbook and on the
Inmate Notice of Violation form
that they are allowed to have a
staff member represent them
the

The facility permits hearing postponements or continuances when

The duration of punishment set by the OIC, as recommended by the
disciplinary panel, does not exceed established sanctions. The
maximum time in disciplinary segregation is limited to 60 days for a
.
offense.

D
incident, investigation, committee/panel
distributed as

~ ACCEPTABLE

D DEFICIENT

D
D

AT-RISK

panel may find the need to
continue the hearing to a future
time.
Both handbooks reflect
disciplinary segregation may not
exceed 60 days for all violations
out of one incident.
The facility does not have a
confidential-informant program
as
ICE standards.

D REPEAT FINDING

REMARKS:

The facility demonstrates substantial compliance with ICE standards for this area, with component exceptions noted above.

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Page 42 of73

EMERGENCY (CONTINGENCY) PLANS
ALL FACILITIES HOLDING ICE DETAINEES WILL RESPOND TO EMERGENCIES WITH A PREDETERMINED STANDARDIZED PLAN TO

"T"T?~ THE HARMING OF HUMAN LIFE AND THE DESTRUCTION OF PROPERTY. IT IS RECOMMENDED THAT SPCS AND CDFs ENTER INTO

AGREEMENT, VIA MEMORANDUM OF UNDERSTANDING
EMERGENCY.

(MOU), WITH FEDERAL, LOCAL AND STATE AGENCIES TO ASSIST IN TIMES OF

as
Policy precludes detainees or detainee groups from exercising control
or authority over other detainees.

Detainees are protected from:
• Personal abuse
•
Corporal punishment
• Personal injury
• Disease
• Property damage
•
Harassment from other detainees

REMARKS

Nobles County Jail provides a
clean, controlled and monitored
environment for detainee
housing. This environment
protects the detainees from
personal abuse, corporal
punishment, personal injury,
disease, property damage, and
h

Staff is trained to identify signs of detainee unrest.
• What type of training and how often?

facility climate, detainee
Staff effectively disseminates inf()rmMi()n
attitudes, and moods to the Officer In Charge (OIC)
There is a designated person or persons responsible for emergency
plans and their implementation. Sufficient time is allotted to the person
or group for development and implementation of the plans.
plans address the following issues:
•
Confidentiality
• Accountability (copies and storage locations)
• Annual review procedures and schedule
• Revisions
Contingency plans include a comprehensive general section with
procedures applicable to most emergency situations.

The facility has cooperative contingency plans with applicable:
• Local law enforcement agencies
• State agencies
• Federal agencies

o
o

Staff receive interpersonal
communication training during
their initial 40-hour training
and yearly during refresher
training.

The Jail Administrator is
responsible for the
development of the facility
emergency plans.
The local Emergency Plans are
incorporated into the facility
Policy and Procedure Manual;
which addresses confidentially,
accountability, review and
revisions.
Review indicates the
emergency plans do not include
a comprehensive general
section that is applicable to
most
ies
The local Sheriffs Office has
mutual aid agreements with
Worthington Police
Department, Cottonwood
County Sheriffs Department
and Jackson County Sheriffs
Department. These are verbal
agreements between the

~
All staff receives copies of Hostage Situation Management policy and
procedures.

is trained to disregard instructions from hostages, regardless of
Within 24 hours after release, hostages are screened for medical
ilnd pS~h()1()!1ip,1l1 effects.

Local policy indicates all staff
will receive a copy of the
policy and procedure manual at
the time of hire. The hostage
policy is included in the
manual.
Staffis trained to disregard the
instructions from hostages
regard1f'';:';: of rank during their

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 43 of73

EMERGENCY (CONTINGENCy) PLANS
POLICY ALL FACILITIES HOLDING ICE DETAINEES WILL RESPOND TO EMERGENCIES WITH A PREDETERMINED STANDARDIZED PLAN TO
IAfNTMT7F THE HARMING OF HUMAN LIFE AND THE DESTRUCTION OF PROPERTY. IT IS RECOMMENDED THAT SPCS AND CDFs ENTER INTO
~r.RFFl\ffiNT, VIA MEMORANDUM OF UNDERSTANDING (MOU), WITH FEDERAL, LOCAL AND STATE AGENCIES TO ASSIST IN TIMES OF
·EMI

Y
Emergency plans include emergency medical treatment for staff and
detainees during and after an incident.
Food service maintains at least 3 days' worth of emergency meals for
staff and detainees.
Written plans identify locations of shut-off valves and switches for all
utilities (water, gas, electric).

R F.M ARKS
initial 40hour training.

The facility maintains at least
seven days' worth of emergency
meals for staff and detainees.
The facility does not have
written plans that identify
locations of shut-off valves and
switches for utilities.

Written procedures cover:
'IT,,rlr/J;',,,,i! I;!trilr",

•
•
•
•
•
•
•
•
•

Disturbances
Escapes
Bomb Threats
Adverse Weather
Internal Searches
Facility Evacuation
Detainee Transportation System Plan
Internal Hostages
Civil Disturbances

o DEFICIENT

~ ACCEPTABLE

OAT-RISK

The facility does not have plans
for work/food strike, internal
searches, detainee
transportation plan and civil
disturbances.

REPEAT FINDING

REMARKS:

While there is significant compliance with ICE standards for this area, component deviations indicated above should be considered by
facility managers.
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AUDITOR'S SIGNATURE 1

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Page 44 of73

ENVIRONMENTAL HEALm AND SAFETY
POLICY: EVERY FACILITY WILL CONTROL FLAMMABLE, TOXIC, AND CAUSTIC MATERIALS THROUGH A HAZARDOUS MATERIALS
AM. THE PROGRAM WILL INCLUDE, AMONG OTHER THINGS, THE IDENTIFICATION AND LABELING OF HAZARDOUS MATERIALS IN
~~rm,)ANCE WITH APPLICABLE STANDARDS (E.G., NATIONAL FIRE PROTECTION ASSOCIATION [NFPA]); IDENTIFICATION OF
INCOMPATIBLE MATERIALS AND SAFE-HANDLING PROCEDURES
(
RFMADK~
NA
iENT:S
YES
No
The facility has a system for storing, issuing, and maintaining
Triad cleaner is issued to
detainees for nightly cleaning
inventories of hazardous materials.
D
D but
~
usage logs are not
maintained.
Constant inventories are maintained for all flammable, toxic, and
Inventory volumes are not
caustic substances used/stored in each section of the facility.
D
~
D maintained of the Triad cleaner
issued for p.vp.nino- cleaning.
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 ~
D
D
and legend.
K" ...... "

'T'l.
~
~ U " >Vh.H.h'"

auu

... ~.

.......
.~

+':1

.;1~t..1",

~.~u~.

mana!!im! the fa(;ility's~afety nro!!ram
All personnel using flammable, toxic, and/or caustic substances follow
the prescribed procedures. They:
• Wear personal protective equipment; and
• R~ort hazards and spi1l~ to the desimated official.
The MSDSs are readily accessible to staff and detainees in work areas.
Hazardous materials are always issued under proper supervision.
• Quantities are limited; and
• Staff always supervises detainees using these substances.

E"~~"h1"" and "c~rnN"hl"" matmo!, (liquid and ''''0001) Me
and used ",-wrdmg to label.
lenchtion>:.
,i !!htimr fixtures and electrical equipment installed in storage rooms
and other hazardous areas meet National Electrical Code requirement>:.
The facility has >:nffi"ip.nt vp.ntihtion. and provides and ensures clean
air p.y"h.mo-p.>: Uil' ="" lout all hnilclinm;:
ron, III 011 II! ducts are not blocked or
Vents return vents, and
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 degI·ees.
All toxic and caustic materials are stored in their original containers in
a secure area.

Excess flammables, combustibles, and toxic liquids are disposed of
I-'lUJl"rly 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.
using flammable, toxic,
Every employee and
caustic
materials receives advance training in their use, storage, and cii>:nO>:H1.

f~;cility ,ompli'" with the mo,t ,""ent edition of .pplioable
standards, and regulations of the National Fire Protection
,A>:>:ociHtion and the Occupational Safety and Health Administration
(OSHA).

Accurate volumes of Triad
cleaner are not maintained.

Triad cleaner is not stored in the
original container (spray bottles)
but the spray bottles are stored
in a secure area.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 45 of73
I

ENVIRONMENTAL HEALTH AND SAFETY
EVERY FACILITY WILL CONTROL FLAMMABLE, TOXIC, AND CAUSTIC MATERIALS THROUGH A HAZARDOUS MATERIALS
AM. THE PROGRAM WILL INCLUDE, AMONG OTHER THINGS, THE IDENTIFICATION AND LABELING OF HAZARDOUS MATERIALS IN
IANrF. WITH APPLICABLE STANDARDS (E.G., NATIONAL FIRE PROTECTION ASSOCIATION (NFPA]); IDENTIFICATION OF
INCOMPATIBLE MATF.RTAr.~. AND SAFE-HANDLING PROCEDURES
R .... MADI<"!oi:
COMlrul"ENTS
YES
No
NA
I!':
[
]
A technically qW'llifieo officer conducts the fire and safety
[J
~
The Safety Office (or officer) maintain!': files of in !':necti on reports.
lJ
~
LJ
The facility has an approved fire prevention, control, and evacuation
~
D
D
plan.
The plan requires:
• Monthly fire inspections;
• Fire protection equipment strategically located throughout the
facility;
D
D
• Public posting of emergency plans with accessible ~
building/room floor plans;
• Exit signs and directional arrows; and
-r
exlt diagram
ly POSIeU III me
-r
• An
diagrammed area.
Fire drills are conducted and documented monthly.
POLICY:

Spill kits are readily available.

A licensed medical waste contractor disposes of infectiouslbiohazardous waste.
Staff is trained to prevent contact with blood and other body fluids and
written III Ul'COdUl co:> are followed.
Do the methoo!': for handling/disposing of refuse meet all regulatory

A sanitation program covers barbering operations.
The barber shop has the facilities and equipment necessary to meet
sanitation requirements.
The sanitation standards are conspicuously posted in the barbershop.

procedures regulate the handling and disposal of used needles
and other sharp objects.
All
repr"<.;lentin potential safety or security risks are inventoried
and a oe!':ianateo indi~idual checks this'
'weekly.
Standard cleaning practices include:
• Using specified equipment; cleansers; disinfectants and
detergents.
• An established schedule of cleaning and follow-up
in,
I!':
The facility follows standard cleaning procedures.
(1

-',

1 coy. Ull COlll<OlltS f

A licensed/Certified/Trained pest-control professional inspects for
rodents, insects, and vermin.
• At least monthly.
• The pest-control program includes preventative spraying for
indigenous insects.
~.
and
i, ,"utindy "'red ."o,ding to. fixed
11;.

w.'",- wa,',wa'",-

The barbering function does not
meet the sanitation requirements
of the standard.
Sanitation requirements of the
barbering function are not
posted.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 46 of73

ENVIRONMENTAL HEAL TB AND SAFETY
POLICY:

EVERY FACILITY WILL CONTROL FLAMMABLE, TOXIC, AND CAUSTIC MATERIALS THROUGH A HAZARDOUS MATERIALS

~~'JUJ:UUfl. THE PROGRAM WILL INCLUDE, AMONG OTHER THINGS, THE IDENTIFICATION AND LABELING OF HAZARDOUS MATERIALS IN

APPLICABLE STANDARDS (E.G., NATIONAL FIRE PROTECTION ASSOCIATION [NFPA]); IDENTIFICATION OF
AND SAFE-HANDLING PROCEDURES

Emergency power generators are tested at least every two weeks.
• Other emergency systems and equipment receive testing at
least quarterly.
• Testing is followed-up with timely corrective actions (repairs
and replacements).

[gJ ACCEPT ABLE

DEFICIENT

OAT-RISK

o
o

The generator is tested monthly
as the facility must adhere to
manufacturer's requirements.
The manufacturer's statement
indicates that testing more than
once per month places
unnecessary wear on the
REPEAT FINDING

REMARKS:

A concern is identified with the corrosive liquid "Triad." A perpetual inventory of this liquid is not maintained. Although the standard
requires the emergency power generator be tested every two weeks; the manufacturer's recommendations indicate that such testing is
excessive and potentially damaging if tested more than once per month. Additionally, the barbering function does not meet the
requirements of the standard which mandates a separate area and a variety of sanitation protocols. However, in general, facility policy
and practice are consistent with the intent of the standard.
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•

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FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 47 of73

HOLD ROOMS IN DETENTION FACILITIES
HOLD ROOMS WILL BE USED ONLY FOR TEMPORARY DETENTION OF DETAINEES AWAITING REMOVAL, TRANSFER, EOIR
MEDICAL TREATMENT INTRA-FACILITYMOVEMENT,OROTHERPROCESSINGINTOOROUTOFTHEFACILITY.

;ARTNQ"

(ITI'i

The hold rooms are situated within the secure perimeter.

The hold rooms are well ventilated well lighted, and all activating
switches are located outside the room.
The hold rooms contain sufficient seating for the number of detainees
held.

Bunks, cots, beds, or other related make-shift sleeping apparatus are
precluded from use inside hold rooms.

The walls and ceilings of the hold rooms are tamper and escape
proof
Individuals are not held in hold rooms for more than 12 hours.

Officers closely supervise the detention hold rooms using direct
supervision (Irregular visual monitoring.).
• Hold rooms are irregularly monitored every 15 minutes .
• Unusual behavior or complaints are noted .
When the last .l.
has been removed from the hold room, it is
given a thorough imn~dion
There is a written evacuation plan that includes a designated officer
to remove detainees from hold rooms in case of fire and/or building
evacuation.

Each holding room has a formed
concrete slab which provides
adequate seating for the number
of detainees held in the rooms.
The facility has three holding
rooms. The holding rooms are
:1 1"0 ,,,pn:1"" nrlln Ie t:1n Ie,," for
city and county law
enforcement. Intoxicated
persons are kept in the holding
rooms and are given a mattress
to sleep.

Detainees are processed through
the booking !holding room area
within two hours of their arrival
to the facility.
Male and female detainees are
kept separate by placing them in
different holrlino- cells

All holding cells have toilets.
Detainees are pat searched prior
to admittance into the booking
area. This search is conducted
by Rookino- Area l'<>rsonnel.

and females are segregated from each other.

n~t:lin~~" under the age of 18 are not held with adult rl~tmnf'.e!':
Detainees are provided with basic personal hygiene items such as
water, soap, toilet paper, cups for water, feminine hygiene items,
diapers and wipes.
In older facilities, officers are within visual or audible range to allow
detainees access to toilet facilities on a regular basis.
All detainees are given a pat down search for weapons or contraband
before being placed in the room.

REMARK"

Noble County Jail holding
rooms are located in the
booking area of the facility,
which is a secure location.

An appropriate emergency service is called immediately upon a
determination that a medical emergency may exist.

The Booking Officers have been
identified to evacuate the
holding rooms in case of
i~!':
<>111<>1
Facility staff will call 911
emergency services should a
medical emergency arise during
hours the facility is without
health care profes~ion:l k

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 48 of73

HOLD ROOMS IN DETENTION FACll.,ITIES
POLICY: HOLD ROOMS WILL BE USED ONLY FOR TEMPORARY DETENTION OF DETAINEES AWAITING REMOVAL, TRANSFER, EOIR
MEDICAL TREATMENT INTRA-FACILITY MOVEMENT OR OTHER PROCESSING INTO OR OUT OF THE FACILITY.

D DEFICIENT

~ ACCEPT ABLE
REMARKS:

Nobles County Jail holding room policy and procedures comply with their written regulations and ICE requirements.

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Page 49 of73

~~~~

KEY AND LOCK CONTROL
(SECURITY, ACCOUNTABILITY
AND MAINTENANCE)

IT IS THE POLICY OF THE ICE SERVICE TO MAINTAIN AN EFFICIENT SYSTEM FOR THE USE, ACCOUNT ABILITY AND MAINTENANCE
, OF ALL KEYS AND LOCKS.
C'I
R .... MADI<..:
mN ..:S
Y
N
NA
The security officer[ s], or equivalent in IGSAs, has attended an
Nobles County Jail does not
approved locksmith training program.
have a locksmith assigned to the
facility, locksmith duties are
performed by county
maintenance personnel. None of
0
~
0
the county maintenance
personnel have attended an
approved locksmith training
1" VOl a l l i .

The security officer, or equivalent in IGSAs, has responsibly for all
administrative duties and responsibilities relating to keys, locks etc.

The security officer, or equivalent in IGSAs, provides training to
employees in key control.

The security officer, or equivalent in IGSAs, maintains inventories of
all keys, locks and locking devices.

The security officer follows a preventive maintenance program and
maintains all preventive maintenance documentation.

One of the facility Jailers has
been given the responsibility of
allllnministrative duties for
keys, lock, etc.
One of the facility Sergeants
provides key control training to
staff.

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.

Nobles County Maintenance
Departments performs all
preventative maintenance for
the facility. There is no
documentation to support a
preventative maintenance
J1WgntlIl in place.
Local policy does not address
i>l~n keys.

Nobles County Jail does not
have combination safes.

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 facility
" y ring'. meluding keY' mueo. ""d i< located ma =me ",ea.

A grand master key system is
not used at the facility.

On site review of all housing
areas revealed no evidence that
padlocks and/or chains are being
used on cell doors.

Observation revealed keys are
maintained in an unsecured desk
drawer in the pod control center
area. The facility implemented
r.hllm"~>l during the review to

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 50 of73

KEY AND LOCK CONTROL
(SECURITY, ACCOUNTABILITY AND MAINTENANCE)
IT IS THE POLICY OF THE ICE SERVICE TO MAINTAIN AN EFFICIENT SYSTEM FOR THE USE, ACCOUNT ABILITY AND MAINTENANCE
. ALL KEYS AND LOCKS.

COMPul'il!.l'i.~

Procedures are in place to ensure that key rings are:
• Identifiable;
• The numbers of keys are cited; and
• Keys cannot be removed.

~mergency keys are available for all areas of the facility.
The facilities use a key accountability system.

Authorization is necel,sar,vy to issue any restricted key.
Individual gun lockers are provided.
• They are located in an area that permits constant officer
observation.
• In an area that does not allow detainee or~ublic access.
The facility has a key accountability policy and procedures to ensure
key accountability. The keys are physically counted daily.

All staff members are trained and held responsible for adhering to
proper procedures for the handling of keys.
• Issued keys are returned immediately in the event an
employee inadvertently carries a key ring home.
• When a key or key ring is lost, misplaced, or not accounted
for, the shift supervisor is immediately notified.
• Detainees are not permitted to handle keys assigned to staff

D ACCEPTABLE

~ DEFICIENT

AT-RISK

RF.MARKS

correct this practice. Effective
10-1-09, keys are kept in a
secure drawer in pod control
center.
Observation of facility keys
rings revealed they are not
labeled to be identifiable and
key can be removed from the
rings. The facility implemented
changes during the review to
this practice. Effective 10-1-09,
keys rings have been secured to
prevent unauthorized removal of
keys andll!ey are icl"ntifi"hl"

There is no system in place to
account for issued keys. Staff
can remove and replace key
rings from an unsecured drawer
at will. Nobles County Jail
policy and procedure 01.11.00 104, Key and Tool Control, dated
02112/08, procedure 04 requires
staff to exchange a "key tag" for
each set of keys or piece of
equipment issued. The facility
implemented changes during the
review to this practice. Facility
policy 01.11.001-04, Key and
Tool Control effective 10-1-09,
requires the pod control center
offer to issue keys and use a
Key Sign Out Sheet for
",,,,,mnt"hi!ity.

Facility keys are accounted for
at the beginning of each 12 hour
shift by the oncoming pod
control center officer.

D REPEAT FINDING

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 51 of73

REMARKS:

•

The Nobles County Jail does not have adequate control oftheir facility keys. The accountability of keys was poor, they were not
abeled and keys could easily be removed from a ring. Additionally, keys are stored in an unsecured drawer that is accessible to staff.
The facility does not have a have a locksmith assigned to the facility, as locksmith duties are performed by county maintenance
personnel. None of the county maintenance personnel have attended an approved locksmith training program.
The Nobles County Maintenance Department performs all preventative maintenance for the facility. There is no documentation to
support a preventative maintenance program in place.
Nobles County Jail policy and procedure 01.11.00 1-04, Key and Tool Control, dated 02/12/08 does not address compromised keys.

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/ 10/1/09

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•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 52 of73

POPULATION COUNTS
• ALL DEfENTION FACILITIES SHALL ENSURE AROUND-THE-CLOCK ACCOUNTABILITY FOR ALL DEfAINEES. TIus REQUIRES THAT
CONDUCT AT LEAST ONE FORMAL COUNT OF THE DETAINEE POPULATION PER SHIFT, WITH ADDITIONAL FORMAL AND INFORMAL
CONDUCTED AS NECESSARY.

Staff conduct a formal count at least once each shift.

Activities cease or are strictly controlled while a formal count is
conducted.

A face-to-photo count follows each unsuccessful recount.

Officers positively identity each detainee before counting him/her as
present.

Written procedures cover informal and emergency counts.
• They are followed during informal counts and emergencies .
The control officer (or other designated position) maintains an out count record of all detainees temporarily leaving the facility.

D DEFICIENT

~ ACCEPT ABLE

AT-RISK

Local policy requires a formal
head count to be held at the
beginning and end of each
primary 12-hour shift.
Additionally a formal head
count is required at the
beginning of the noon lockdown
and fmal
lockdown.

All detainees are required to
return to their cells and remain
there until the count has been
cleared.
The detainees are required to
carry their facility issued ID
card. If a re-count is
unsuccessful, a face to photo
count is conducted.
Observation of the noon count
on 10-01-09 revealed the
officers conducting the count
made positive identification of
the detainees.
Formal count procedures are
covered in facility policy;
emergency counts are required
in the
The pod control officer
maintains an out count on all
inmates temporarily leaving the

D REPEAT FINDING

REMARKS:

Nobles County Jail population count procedures comply with their written policy and ICE requirements

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•

1 10/1/09

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AUDITOR'S SIGNATURE/DA

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 53 of73

POST ORDERS
• ICE PROVIDES OFFICERS

ALL NECESSARY GUIDANCE FOR CARRYING OUT THEIR DUTIES. THIS GUIDANCE INCLUDES THE POST
ESTABLISHED FOR EVERY POST, WHICH ARE REVIEWED AT LEAST ANNUALLY, AND GIVEN TO EACH OFFICER UPON ASSIGNMENT

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.

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.

Nobles County Jail makes pen
and ink changes to the post
orders pending quarterly

One of the Jail Shift Sergeants
has been assigned the collateral
duty of keeping post orders
current.

orders.
Local policy and procedures
requires facility post orders to
be
Post Orders are maintained in
secure areas, inaccessible to
detainees.

officer qualifies with the post weapon(s) before

~ ACCEPTABLE

AT-RISK

D REPEAT FINDING

REMARKS:

The facility is in general compliance with ICE standards for this area.
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/ 10/1/09

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•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 54 of73

SECURITY INSPECTIONS
POLICY: POST ASSIGNMENTS IN THE FACILITY'S HIGH-RISK AREAS, WHERE SPECIAL SECURITY PROCEDURES MUST BE FOLLOWED, WILL
RESTRICTED TO EXPERIENCED PERSONNEL WITH A THOROUGH GROUNDING IN FACILITY OPERATIONS.

The facility has a comprehensive security inspection policy. The
policy specifies:
• Posts to be inspected;
• Required inspection forms;
• Frequency of inspections;
• Guidelines for checking security features; and
• Procedures for reporting weak spots, inconsistencies, and
other areas
Every officer is required to conduct a security check of hislher
assigned area. The results are documented.

Facility policy on Cell Searches
and Shakedowns and Daily Cell
Inspections and the Post Orders
provides guidance for
comprehensive security
inspections of the facility.

Standard language in facility
post orders direct assigned staff
to conduct a security inspection
of their area.

corrective action are reported to the appropriate manager.

o
The front-entrance officer checks the ID of everyone entering or
exiting the facility.

o
o

unit logs to ensure problems are
addressed. Additionally, a
complete facility inspection is
conducted weekly to ensure any
problem areas have been
addressed.
The identification of everyone
entering or exiting the secure
portion of the facility is not
.
checked.

are officially recorded in a visitor logbook or electronically

Officers monitor all vehicular traffic entering and leaving the facility.

Officers assigned to Control
Center receive OJT training
from FTOs prior to being
to this
The physical design of the jail
does not include a traditional
control room. The control room
is incorporated into the officer's
station. Facility staffis required
to frequent this multi-purpose
area to complete the job

The complex houses not only
the jail, but also other county
offices and departments. The
jail has one vehicle entrance.
This entrance admits the
vehicles into the Booking area
of the facility. The entrance is
operated and monitored by the
PD Dispatch Control Center
officer. The entrance has
cameras and a microphone box
also monitored
.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 55 of73

YES

IIii

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 n~~non~ihlp 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
It''.
Tools being taken into the secure area of the facility are inventoried
before entering and prior to departure.

Jail staff does not control the
entrance gates into the facility.
This function is controlled by
the PD Dispatch Officers. The
Police Department does not
require staff to record vehicle
and driver information because
only law enforcement vehicles
are permitted to enter.
Same as above. The Police
Department does not require
staff to search each vehicle
because only law enforcement
tV"llL"l
V"IU\.iI"" i:11"

~
~

lJ
U

LJ
U

The SMU entrance has a sally port.

Written procedures govern searches of detainee housing units and
areas.

How:imr area ""i:11ch"" occur at irregular times.
Every search of the SMU and other hou~ing units is
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.

[]

I
i

Daily procedures include:
• Perimeter alarm system tests;
• Physical checks of the perimeter fence; and
• Documenting the results.

y"isitation areasJ"eceiv~ frequent, irregular insp,-,,-,uvllS.

•

~ ACCEPTABLE

D DEFICIENT

AT-RISK

REMARKS

All tools entering and exiting
the facility are inventoried by
jail staff
Nobles County Jail utilizes one
of their housing pods for SMU.
The pod does not have a sally
port entrance.
Facility policy on Cell Searches
and Shakedowns and Daily Cell
Inspections provide guidance on
searching detainee housing units
and l'"rsonal areas.

The jail does not have perimeter
fencing and limited exterior
walls. The jail staff makes
weekly check of the exterior
walls that are within their
~pr.lIrih! area.
The exterior of the building is
consistently observed by
Worthington Police and Nobles
County Sheriff patrol officers.
The jail does not have perimeter
fencing and limited exterior
walls. The jail staff makes
weekly check of the exterior
walls that are within their
. security area.

D REPEAT FINDING

REMARKS:

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 56 of73

REMARKS:

The identification of everyone entering or exiting the secure portion of the facility is not consistently checked .
•

e physical design of the jail does not include a traditional control room. The control room is incorporated into the officer's station.
Facility staff is required to frequent this multi-purpose area to complete the job assignments.
Nobles County Jail is located in the Prairie Justice Center. The Justice Center is a large multi-purpose structure which houses not only
the jail, but also the county court rooms, Worthington City Police Department, police dispatch and a satellite county maintenance
department. The jail has one vehicle entrance. This entrance admits the vehicles into the Booking area of the facility. The entrance is
operated and monitored by the Worthington Police Department Dispatch Control Center officer. The entrance has cameras and a
microphone box also monitored by Dispatch.
Jail staff does not control the entrance gates into the facility. This function is controlled by the Worthington Police Dispatch officers.
The Police Department does not require staff to record vehicle and driver information or search each vehicle because only law
enforcement vehicles are permitted to enter.

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1 lO/1/09

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AUDITOR'S SIGNATURE /
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•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 57 of73

(

ITI!i

The Administrative Segregation unit provides non-punitive
protection from the general population and individuals undergoing
segregation.
Detainees
are placed 1ll the SMU (administrative) in
•
accordance with written criteria.
In exigent circumstances, staff may place a detainee in the SMU
(administrative) before a written order has been approved.
• A copy of the order given to the detainee within 24 hours.
The OIC (or equivalent) regularly reviews the status of detainees in
administrative detention.
• A supervisory officer conducts a review within 72 hours of
the detainee's placement in the SMU (administrative).

A supervisory officer conducts another review after the detainee has
spent seven days in administrative segregation, and:
• Every week thereafter for the first month; and
• every jU days alter the rust month.
• Does each review include an interview with the detainee?
• Is a written record made of the decision and the
;,,~ta,;, ''1tion?
The detainee is given a copy of the decision and justification for each
reVIew.
• The detainee is given an opportunity to appeal the reviewer's
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
lini
detention exceeds 30 days.
• Upon notification that the detainee's administrative
segregation has exceeded 60 days, the FD forwards written
notice to HQ Field Operations Branch Chieffor DRO.
The OIC or equivalent) reviews the case of every detainee who
objects to administrative segregation after 30 days in the SMU.
• A written record IS made of the decision and the
justification.
• The detainee receives a copy of this record.
The detainee is given the right to appeal to the OIC (or equivalent)
the conclusions and recommendations of any review conducted after
the detainee have remained in administrative segregation for seven
consecutive days.
A
l~tratively segregated c1etainee~
'oy the same general
privileges as detainees in the general nonlllation
The SMUis:
• Well ventilated;
• Adequately lighted;
• Appropriately heated; and
• Maintained in a sanitary condition.
All cells are equipped with beds.
• Every bed is securely fastened to the floor or wall.
The number of detainees in any cell does not exceed the occupancy
limit.
• When occupancy exceeds recommended capacity, do basic
living standards decline?
• Do criteria for objectively assessing living standards exist?
• If yes, are the criteria included in the written plUvcdun;s?

REMARKS

Local policy describes criteria
for the placement of detainees in
administrative segregation.

I2SJ

Facility policy requires the
review of detainees placed in
administrative segregation
within three days of their
placement and every seven days
thereafter.

The detainee is made aware of
the right to file a grievance over
the decision of the review
committee.
The SDDO who oversees the
detainees housed in the jail
conducts weekly visits to the
facility and reviews the status of
all detainees housed in the jail.

Cells in SMU were clean, free
of clutter and graffiti. The
detainees were orderly and the
unit was quiet.
SMU has single formed
concrete beds in each cell.

Observation of the special
management unit revealed cell
occupancy limits were not
exceeded.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 58 of73

SPECIAL MANAGEMENT UNIT (SMU)
ADMINISTRATIVE SEGREGATION

THE SPECIAL MANAGEMENT UNIT REQUIRED IN EVERY FACILITY ISOLATES CERTAIN DETAINEES FROM THE GENERAL
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]" STANnARD).
y
RF.MARKS
COMPUl'IIEl'IIl;'
N
NA
The segregated detainees have the same opportunities to
Detainees in SMU have the
exchange/launder clothing, bedding, and linen as detainees in the
opportunity to exchange
clothing and linen consistent
general population.
D
D
~
with detainees in general
nonulation
Detainees receive three nutritious meals per day, from the general
population's menu of the day.
D
D
~
• Do detainees eat only with disposable utensils?
• Is food ever used as mmi~h111ent?
Each detainee maintains a normal level of personal hygiene in the
D,
are 1-'''lUllLL''U one
hr",,. r",t "f', ,II
..:1.;1.
"MIT
-J
The
detainees
have
the
opportunity
to
shower
and
shave
at
During
this
period
the
detainee
D
D
~
•
least three times a week.
has the option to shower if s/he
Ifnot,
~xnhin
desires.
•
The detainees are provided:
• Barbering services;
Detainees housed in
• Recreation privileges in accordance with the "Detainee
Recreation" standard;
administrative segregation are
provided privileges in line with
• Non-legal reading material;
detainees in general population,
D
D
~
• Religious material;
with
restrictions commensurate
• The same correspondence privileges as detainees in the
with security requirements of
general population;
the housing status.
• Telephone access similar to that of the general population;
and
• Personalleg11l material.
A health care professional visits every detainee at least three times a
Health Care professionals only
visit detainees who submit sick
week.
call
request or are on regular pill
The
shift
supervisor
visits
each
detainee
daily.
•
~
D
D
line.
A health care staff member
Weekends
and
holidays.
•
does not visit every detainee
three times a week.
Procedures comply with the "Visitation" standard.
D
D
~
• The detainee retains visiting privileges; and
• The VllSHlllg room is available during normal visiting hours.
[]
Visits from clergy are allowed.
lJ
IZl
Detainees have the same law-library access as the general population.
Detainees in segregation are
required to submit a request to
Are
they
required
to
use
the
law
library
~Separately,
or
•
staff to use the law library.
DAs a group?
D
D
~
Upon
approval of the request,
Are
legal
materials
brought
to
them?
•
the detainees are escorted to the
law library.
The SMU maintains a permanent log of detainee-related activity,
Staff record detainee-related
activities on the daily unit log
e.g., meals served, recreation, visitors etc.
D
D
~
sheets.
SPC procedures include completing the SMU Housing Record (1The facility does not maintain
888) immediately upon a detainee's placement in the SMU.
any individual records on
detainees housed in
• Staff completes the form at the end of each shift.
administrative
segregation. All
1-888
(or
D
~
D
local
CDFs
IGSA
facilities
use
Form
and
•
information relative to detainees
equivalent).
housed in SMU is included in
the daily unit log sheets.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 59 of73

SPECIAL MANAGEMENT UNIT (SMU)
ADMINISTRATIVE SEGREGATION
THE SPECIAL MANAGEMENT UNIT REQUIRED IN EVERY FACILITY ISOLATES CERTAIN DETAINEES FROM THE GENERAL
. 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

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, suicidaVassaultive behavior, etc;
• The medical officer/health care professional signs each
individual's record during each visit; and
• The housing officer initials the record when all detainee
serVIces are
or at the end of the shift.
A new record is created for each week the detainee is in
Administrative Segregation.

Staff record detainee-related
activities on the daily unit log
sheets.

The facility does not maintain
any individual records on
administrative

detainee's

o DEFICIENT

lSI ACCEPTABLE

OAT-RISK

o REPEAT FINDING

REMARKS:

The facility demonstrates substantial compliance with ICE standards for this security area.

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/ 10/1/09

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.AUDITOR'S SIGNATU
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•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 60 of73

SPECIAL MANAGEMENT UNIT
DISCIPLINARY SEGREGATION
.;~~~ EACH FACILITY WILL ESTABLISH A SPECIAL MANAGEMENT UNIT IN WHICH TO ISOLATE CERTAIN DETAINEES FROM THE
rENERAL POPULATION. THE SPECIAL MANAGEMENT UNIT WILL HAVE TWO SECTIONS, ONE FOR DETAINEES IN ADMINISTRATIVE
• ~l
ATION; THE OTHER FOR DETAINEES BEING SEGREGATED FOR DISCWLINARY REASONS.
I

11~

Officers placing detainees in disciplinary segregation follow written
procedures.

[:gJ

The sanctions for violations committed during one incident are
limited to 60 days.

[:gJ

A completed Disciplinary Segregation Order accompanies the
detainee into the SMU.
• The detainee receives a copy of the order within 24 hours of
placement in disciplinary segregation.

REMARKS

The detainee handbook provides
information on disciplinary
lockdown.
The detainee handbook, page
28, states the sanctions for one
incident is limited to 60 days.
Detainees receive a copy of the
Inmate Notice of Violation
report that reflects hislher
sanctions immediately upon
placement into disciplinary
~porpo"t;rm

Standard procedures include reviewing the cases of individual
detainees housed in disciplinary detention at set intervals.
• After each formal review, the detainee receives a written copy
of the decision and "Ul'l'vrting reasons.
The conditions of confinement in the SMU are proportional to the
amount of control np,.p~~"r" to protect detainees and staff.
Detainees in disciplinary segregation have fewer privileges than
those housed in administrative segregation.

Living conditions in disciplinary SMUs remain the same regardless
of behavior.
• If no, does staff prepare written documentation for this
action?
• Does the OIC sign to indicate al'l'wIal.
Every detainee in disciplinary segregation receives the same humane
treatment, regardle~ of offense.
The quarters used for segregation are:
• Well-ventilated.
• Adequately lighted.
• Appropriately heated.
• Maintained in a sanitary condition.
All cells are equipped with beds that are securely fastened to the
floor or wall of the cell.
The number of detainees confined 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.

[:gJ

The detainee handbook, page 21
states detainees placed in
disciplinary lockdown will not
be permitted any privileges such
as, but not limited to, canteen,
visitation etc.

Cells in SMU were clean, free
of clutter and graffiti. The
detainees were orderly and the
unit was quiet.
SMU has single formed
concrete beds in each cell.
Observation of the special
management unit revealed cell
occupancy limits were not
exceeded.
Should a detainee's behavior
warrant the removal of clothing,
bedding, etc., the Shift
Supervisors reviews the
detainee at the beginning and
end of the shift to ensure the
behavior still merits that level of
supervision.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 61 of73

SPECIAL MANAGEMENT UNIT
DISCIPLINARY SEGREGATION

EACH FACILITY WILL ESTABLISH A SPECIAL MANAGEMENT UNIT IN WHICH TO ISOLATE CERTAIN DETAINEES FROM THE
POPULATION. THE SPECIAL MANAGEMENT UNIT WILL HAVE TWO SECTIONS, ONE FOR DETAINEES IN ADMINISTRATIVE
. SEGREGATION; THE OTHER FOR DETAINEES BEING SEGREGATED FOR DISCIPLINARY REASONS.
I
RI<'.MARK~
In;
Y
N
NA
Detainees in the SMU have the same opportunities to exchange
Detainees in SMU have the
clothing, bedding, etc., as other detainees.
same opportunity to exchange
D
D
clothing and linen as detainees
in general population.
Detainees in the SMU receive three nutritious meals per day, selected
from the Food Service's menu of the day.
D
D
•
Food is not used as nunishment.
Detainees are allowed to maintain a normal level of personal
Detainees are permitted one
hygiene, including the opportunity to shower and shave at least three
hour out of cell time daily.
During this period the detainee
times/week.
D
D
has the option to shower if s/he
UL1'L".nA.LT

,1.

Detainees receive, unless documented as a threat to security:
•
Barbering services;
•
Recreation privileges;
•
Other-than-Iegal reading material;
• Religious material;
•
The same correspondence privileges as other detainees; and
• Personalleg~ material.
When phone access is limited by number or type of calls, the
following areas are exempt:
•
Calls about the detainee's immigration case or other legal
matters;
•
Calls to consular/embassy officials; and
•
Calls during family emergencies (as determined by the
OIC/Warden).
A health care professional visits every detainee in disciplinary
segregation every week day.
• The shift supervisor visits each segregated detainee daily
• Weekends and holidays.

SMU detainees are allowed visitors, in accordance with the
"Visitation" standard.

SMU detainees receive legal visits, as provided in the "Visitation"
standard.
•
Legal service providers 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.
•
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 material brought to individuals in the SMU on a caseby-case basis.

Detainees are permitted
telephones calls to their lawyers,
consular/embassy, and family in
times of emergencies.
Health Care professionals only
visit detainees who submit sick
call requests or are on regular
pill line. A health care staff
member does not visit every
detainee every week day.
Detainees on disciplinary
segregation can receive social
visitation unless restricted as
part of their sanctions.

The facility does not have a
Religious Services Department;
volunteers provide necessary
support to the facility to meet
the needs of the population.

Detainees in segregation are
required to submit a request to
staff to use the law library.
Upon approval of the request,
the detainee is escorted to the
law library.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 62 of73

SPECIAL MANAGEMENT UNIT
DISCIPLINARY SEGREGATION

EACH FACILITY WILL ESTABLISH A SPECIAL MANAGEMENT UNIT IN WHICH TO ISOLATE CERTAIN DETAINEES FROM THE
""-,u>,,",,A,I.
.... POPULATION. THE SPECIAL MANAGEMENT UNIT WILL HAVE TWO SECTIONS, ONE FOR DETAINEES IN ADMINISTRATIVE
. SFGRFGATION; THE OTHER FOR DETAINEES BEING SEGREGATED FOR DISCIPLINARY REASONS.

COMf'UNENTlS

Staff documents every incident of denied access to the law
library.
All detainee-related activities are documented, e.g. meals served,
recreation activities, visitors, etc.

RFMARK"

•

The SPC's, the Special Management Housing Unit Record (I-8880r
equivalent), is prepared as soon as the detainee is placed in the SMU.
• All 1-888s are filled out by the end of each shift.
• The CDF/IGSA facility use Form.
• 1-888 (or equivalent local form).

Staff record detainee-related
activities on the daily unit log
sheets.
The facility does not maintain
any individual records on
detainees housed in
administrative segregation. All
information relative to detainees
housed in SMU is included in
.1-

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.
• 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.

D DEFICIENT

~ ACCEPTABLE

AT-RISK

..1 .. ;1.

Staff record detainee-related
activities on the daily unit log
sheets.

D REPEAT FINDING

REMARKS:

The facility is generally compliant with ICE standards for this area.
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1 10/1/09

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AUDITOR'SSIGNATURE

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•

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Page 63 of73

TOOL CONTROL
POLICY: IT IS THE POLICY OF ALL FACILITIES THAT ALL EMPLOYEES SHALL BE RESPONSmLE FOR COMPLYING WITH THE TOOL CONTROL

. THE MAINTENANCE SUPERVISOR SHALL MAINTAIN A COMPUTER GENERATED OR TYPEWRITTEN MASTER INVENTORY LIST OF
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.
RRMARKS
Y
N
COMrVl'IJ',I'l H'
NA
There is an individual who is responsible for developing a tool control
The Facility Administrator has
procedure and an inspection system to insure accountability.
121
D
D overall responsibility for tool
control.
Department heads are responsible for implementing this standard in
D
121
D
their departments.
Tool inventories are required for the:
The maintenance staff is Nobles
County maintenance employees
• Maintenance Department;
whose
responsibilities include
• Medial Department;
The Food Service
the
facility.
• Food Service Department;
department
is
located outside
• Electronics Shop;
of the
the
secure
perimeter
• Recreation Department; and
r
~UI"U1Ly UllU UV"" llVI "U~l-'lVy
• Armory.
detainees. The only tools
D
D maintained in the facility are
121
located in the Medical
Department, which are three
sets of utility scissors. The
Medical Department's tool
inventory was not accurate upon
initial observation, but was
corrected during the review.
The facility has a policy for the regular inventory of all tools.
Local policy does not address
• The policy sets minimum time lines for physical inventory D
the
regular inventory of all
D
121
and all necessary documentation.
tools.
• ICE facilities use AMIS bar code labels when 1 "4Ull "d.
The facility has a tool classification system. Tools are classified
Local policy does not address
according to:
tool classification. The facility
implemented changes during the
Restricted (dangerouslhazardous); and
review to this practice. Policy
• Non-Restricted (non-hazardous).
D
121
D 01.11.001-04, Key and Tool
Control, effective 10-1-09,
requires all tools to be
considered restricted or
hazardous inside the jail.
Department heads are responsible for implementing tool-control

•

I J1

The facility has policies and procedures in place to ensure that all tools
are marked and readily identifiable.
The facility has an approved tool storage system.
The system ensures that all stored tools are accountable .
• Commonly used tools (tools that can be mounted) are
stored in such a way that missin!! tool is readily notice.
Each facility has procedures for the issuance of tools to staff and
detainees.

•

The facility has policies and procedures to address the issue of lost
tools. The policy and procedures include:
• Verbal and written notification;
• Procedures for detainee access; and
• Necessary documentation/review for all incidents of lost
tools.

121

The tools located in the medical
deparlllll"lH were not marked.

Tools maintained in the medical
department were securely
stored.

121

The medical department has
only one staff member assigned
and she is the only one who uses
the tools.
Local policy does not address
lost tools. The facility
implemented changes during the
review to this practice. Policy
01.11.001-04, Key and Tool
Control, effective 10-1-09,

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 64 of73

TOOL CONTROL
POLICY: IT IS THE POLICY OF ALL FACILITIES THAT ALL EMPLOYEES SHALL BE RESPONSIBLE FOR COMPLYING WITH THE TOOL CONTROL
. THE MAINTENANCE SUPERVISOR SHALL MAINTAIN A COMPUfER GENERATED OR TYPEWRITTEN MASTER INVENTORY LIST OF
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.

Broken or worn out tools are surveyed and disposed of in an
appropriate and secure manner.

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
from the

clearly defines the jail's
response to a lost or missing
tool.
The contract medical staff
disposes of their tools in
accordance with their company

REMARKS:

Very few tools are stored inside the facility. All maintenance tools are the property of the county maintenance department and stored
outside the facility. The kitchen is outside the secure perimeter of the facility. However, the tools located in the medical department
were not marked. Local policy does not address the regular inventory of tools or their classification .
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Page 65 of73

~~:

TRANSPORTATION
LAND TRANSPORTA1'ION

THE IMMIGRATION AND NATURALIZATION SERVICE WILL TAKE ALL NECESSARY PRECAUfIONS 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 AUfHORIZED 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.

YES

IT:S

Transporting officers comply with applicable local, state, and federal
motor vehicle laws and regulations. Records support this finding of
comoliance.
Every transporting officer required to drive a commercial size bus has
a valid Commercial Driver's License (CDL) issued by the state of
emplovrnent.
. m:lint:lin records for each vehicle
Sl
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·
din!! the lO-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 una, 'l'a..."d driver may transport an empty vehicle.
~fore the start of eacl!. detail, the vehicle is thoroughly >:~:lr~h~.-l
of all .-l~t:lin~~>: being transported is vvIifuUlCd.
Positive!clen1:+:.
All detainees
searched immediately prior to boarding the vehicle
by staff ~()ntr()l1in!1 the bus or vehicle.
The facility ensures that the number of detainees transported does not
exceed the vehicles manufacturer's ()~~lIn:mcy level.
r 1 ULC"U vc vests are provlOea 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
eauinment on uaU"l'UHaLlUU vehicles.
Officers ensure that no one contacts the detainees.
• One officer remains in the vehicle at all times when detainees
are present.
. Meals are provided during long distance transfers.
• The meals meet the minimum dietary standards, as identified
by dieticians utilized by ICE .
before :l~~~ntirl!r
.The veh~ q~W' i",m~dQ all Food Service _1.

[]
[]

[]
[ ]

[]
[]

0
[J

[]

[ ]

[]

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 66 of73

RFMARK~

TRANSPORTATION
LAND TRANSPORTATION
THE IMMIGRATION AND NATURALIZATION SERVICE WILL TAKE ALL NECESSARY PRECAUTIONS TO PROTECT THE LIVES,
, 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.

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.

III

accordance with the Use of

contingencies are included in the written procedures for

•
•
•
•
•
•
•
•
•
•
•

Escape
Hostage-taking
Detainee sickness
Detainee death
Vehicle fire
Riot
Traffic accident
Mechanical problems
Natural disasters
Severe weather
list includes women or minors

o DEFICIENT

ACCEPTABLE

OAT-RISK

o REPEAT FINDING

REMARKS:

All ICE transportation is handled only by the ICE Field Office or Sub-Office in control of the detainee's case.

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/10/1/09

AUDITOR'S SIGNATU
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FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 67 of73

USE OF FORCE
POLICY: THE U.S. DEPARTMENT OF HOMELAND SECURITY AUTHORIZES THE USE OF FORCE ONLY AS A LAST ALTERNATIVE AFTER ALL

REASONABLE EFFORTS TO RESOLVE A SITUATION HAVE FAILED. ONLY THAT AMOUNT OF FORCE NECESSARY TO GAIN CONTROL
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:
RF.MARKS
COMrul'll'.l'Il~
YES
No
NA
Written policy authorizes staff to respond in an irnmediate-use-ofLocal policy states staff are
force situation without a supervisor's presence or direction.
authorized to use force to
D restrain/control individuals to
~
D
ensure the safety and security of
staff and detainees.
When the detainee is in an area that is or can be isolated (e.g., a locked
Facility staff receives
cell, a range), posing no direct threat to the detainee or others, officers
interpersonal communication
must try to resolve the situation without resorting to force.
training to resolve volatile
situations verbally.
D Additionally, selected staff
~
D
receives Critical Incident Team
training which includes
advanced interpersonal
communication training.
Written policy asserts that calculated rather than immediate use of
A review of facility policy did
force is feasible in most cases.
not reveal a written assertion
that
calculated rather than
D
D
~
immediate force is feasible in
most cases.
The facility subscribes to the prescribed Confrontation Avoidance
The facility utilizes
Procedures.
interpersonal communication,
D Critical Incident Teams, and
D
• Ranking detention official, health professional, and ~
verbal judo as confrontation
others confer before every calculated use of force.
avoidance 1-'lU""UUl"".
When a detainee must be forcibly moved and/or restrained, and there
Local policy provides detailed
is time for a calculated use of force, staff uses the Use-of-Force Team
instructions and requirements
~
D
D for use of force team and cell
Technique.
extractions.
• Under staff sUR~l"v i"iull.
Staff mp.lllbers are trained in the performance of the Use-of-Force
Staff receives training on
of
D force
~
D
team techniques yearly.
Team Technique.
All use-of-force incidents are documented and reviewed.
Jail Administrator reviews
D The
~
D
all use offorce incidents.
Staff:
• Do not use force as punishment;
• Attempt to gain the detainee's voluntary cooperation
The local policy advises staff
before resorting to force;
that force shall never be applied
D as punishment or as a
D
• Use only as much force as necessary to control the ~
detainee; and
disciplinary measure.
• Use restraints only when other non-confrontational
means, including verbal persuasion, have failed or are
imprac!!cal.
Medication may onl: be used for l"IiU<11111 purposes when authorized
D
~
D
by the Medical Authoritv as_ mp.rlir.llllv np"p~~"'r"
Use-of-Force Team follows written procedures that attempt to prevent
Local policy provides detailed
injury and exposure to communicable disease(s).
instructions and requirements
D for
~
D
use of force team
deployments.
associated with using four-point restraints
Local staff use a restraint chair,
lclude: pmcedures
should a detainee require that
D level of control. While in the
~
D
• Soft restraints (e.g., vinyl);
restraint chair, detainees are
illtel~ for the
'LUi " ,
• Dressing the detainee

f<:!:d:

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 68 of73

USE OF FORCE
POLICY: THE U.S. DEPARTMENT OF HOMELAND SECURITY AUfHORIZES THE USE OF FORCE ONLY AS A LAST ALTERNATIVE AFTER ALL

YES

•
•

•

State policy_imn()>1f'>1 a
maximum of two hours for
placement in a restraint chair.
Staff record their checks of
detainees restrained in the
restraint chair on the daily unit
log sheet.

•

He/she allows the detainee to use the rest room at these
times under >1~feguards.
All detainee checks are logged.

In immediate-use-of-force situations, staff contacts medical staff once
the detainee is under control.
When the OIC authorizes use of non-lethal weapons:
Medical staff is consulted before staff use pepper
spray/non-lethal weapons.
• Medical staff reviews the detainee's medical file before
use of a non-lethal weapon is authorized.

[g]

•

I
!

Special precautions are taken when restraining pregnant detainees.
• Medicalpvfsonnel are consulted
Protective gear is worn when restraining detainees with open cuts or
wounds.

Staff documents every use of force and/or non-routine application of
restraints.
It is standard practice to review any use of force and the non-routine
application of restraints.

f~~:'C"" "ceive traming in '''If-defun.,, confrontation-avoidance

. ues and the use of force to control detainees.
• Specialized training is given and Officers are certified in
all devices they use.

RF.MARKS

under constant visual
observation, they are medically
examined and evaluated for
release from the restraint chair
every two hours. All
observations are recorded.

A bed, mattress, and blanket/sheet;
Checking the detainee at least every 15 minutes;
Logging each check;
• Turning the bed-restrained detainee often enough to
prevent soreness or stiffuess;
• Medical evaluation of the restrained detainee twice per
eight-hour shift; and
• When qualified medical staff is not immediately
availllhle staff 1-'U"~l~Ull the detainee "fa",,-up".
The shift supervisor monitors the detainee's position/condition every

Medical staff is not consulted in
every case. Nobles County Jail
does not have 24- hour medical
coverage. Staff contact medical
prior to using non-lethal
weapons if they are on duty. If
medical is not on duty, staff use
the weapon, then make an
assessment if the detainee needs
medical assistance.

Staff is provided protective
vests, shin and elbow guards,
gloves and riot helmets with
face shields. Additionally,
latex/plastic gloves are made
available to all staff

The Jail Administrator reviews
all uses offorce at the facility.
Review of use of force incidents
b6,b7c
involving inmate #
b6,b7c
on 07118/09 and #
on
09114/09 revealed all required
staff reviewed and initialed the
submitted documentation.
Staff assigned to the facility
receive self-defense and
interpersonal communication
training on a yearly basis.

FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE)
Page 69 of73

USE OF FORCE
POLICY: THE U.S. DEPARTMENT OF HOMELAND SECURITY AUTHORIZES THE USE OF FORCE ONLY AS A LAST ALTERNATIVE AFTER ALL
REASONABLE EFFORTS TO RESOLVE A SITUATION HAVE FAILED. ONLY THAT AMOUNT OF FORCE NECESSARY TO GAIN CONTROL
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:

=-"""--= is the Use of Force form is used? In other facilities (IGSAs /
this form or its
valent used?

~ ACCEPTABLE

DEFICIENT

OAT-RISK

o
o REPEAT FINDING

REMARKS:

Noble County Jail staff use and carry the X-26 Taser Gun. Selected staff receives initial training from the facility's certified training
officer and re-qualify annually. Nobles County Jail policy 01.11.00 1-09, X-26 Non Lethal Taser, dated 02128/06, prescribes the
authorized uses for the Taser. Policy does not make distinctions with regard to use oftasers on ICE detainees.

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/ 10/1/09

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Page 70 of73

;c:;

STAFF DETAINEE COMMUNICATIONS

. PROCEDURES MUST BE IN PLACE TO ALLOW FOR FORMAL AND INFORMAL CONTACT BETWEEN KEY FACILITY STAFF AND ICE
AND ICE DETAINEE AND TO PERMIT DETAINEES TO MAKE WRITTEN REQUESTS TO ICE STAFF AND RECEIVE AN ANSWER IN AN
ACCEPT ABLE TIME FRAME.

YES

The ICE Field Office Director ensures that weekly announced and
unannounced visits occur at the IGSA.
Detention and Deportation Staff conduct scheduled weekly visits with
detainees held in the IGSA.
Scheduled visits are posted in ICE detainee areas.

Visiting staff observe and note current climate and conditions of
confinement at each IGSA.
ICE llifcll
request Forms are available at the IGSA for use by

I'V'I

Tr-r::

IL::J

.l.

The IGSA treats detainee correspondence to ICE staff as Special
Corl'
I rlence.
ICE staff responds to a detainee request from an IGSA within 72
hours.
ICE detainees are notified in writing upon admission to the facility of
their right to correspond with ICE staff regarding their case or
conditions of confinement.
~ ACCEPT ABLE

D DEFICIENT

~
~

~
AT-RISK

R1?MA.RK.'i:

Detainees are not held at NCJ
long enough to establish a
weekly visit schedule.
Detainee's are not held at NCJ
long enough to establish
scheduled visits.

D REPEAT FINDING

e:::::

r on site interviewed who confirmed ICE interaction with detainees.

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Mike Neal SIGNATURE // D
AUDITOR'S

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e
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Page 71 of73

DETAJNEETRANSFERSTANDARD
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
,
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.
lI1i'M.dRK.f:
COMIrUl'IJ',l'l
YES
No
NA
When a detainee is represented by legal counsel or a legal
representative, and a G-28 has been filed, the representative of record
is notified by the detainee's Deportation Officer.
[gJ
D
D
• 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
[gJ
D
D
new facility.
The U"p~Vll<1UVU officer is allowed discretion regarding the timing of
[gJ

I
!
!

!
I

i
I
!

I.,

,I,

;./0;,

,,1,

•.

[gJ

.in""h,,,,tl

and detainee
notified that it is their responsibility to
The
tp- a transfer.
notify family members l'
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 any detainee in the general population.
The rI,
is provided with a completed Detainee Transfer
i pMi on 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 meilical transfers, transporting officers receive instructions
1 "!:,ll1'ciiu!:, medical issues.
Detainee's funds, valuables, and property are returned and transferred
with the detainee to hislher 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.

[gJ ACCEPT ABLE

D DEFICIENT

AT-RISK

D REPEAT FINDING

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 72 of73

REMARKS:

All detainee transfer issues have been processed by ICE, pursuant to on site ICE Officer.
•

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/ 1011/2009

AUDITOR'S SIGNATURE / DATE
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Page 73 of73

Office ofDetention and Removal Operations
U.S. Department of Homeland Security
500 12th Street, SW
Washington, DC 20536

U.S. Immigration
and Customs
Enforcement

MEMORANDUM FOR:

Scott Baniecke
Field Office Director
st. Paul Field Office

FROM:

Robert P. Helwig

SUBJECT:

Nobles County Jail Annual Review

C:C 1 1 2009

fl.,--" t,,--/

The annual review of the Nobles County Jail conducted on September 29,2009 thru October 1,
2009, in Worthington, Minnesota has been received. A final rating of Acceptable has been
assigned.
The G-324A worksheets provided by the Lead Compliance Inspector (LCI) indicated the
facility was deficient with the Access to Medical Care and Key and Lock Control standards. A
Plan of Action is required to address these deficiencies.
The rating was based on the LCI 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 of the Form G-324A Detention Facility Review Form, the G-324A Worksheet,
LCI 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 a follow-up
on the above noted deficiencies within 90 days.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
www.ice.gov

Nobles County Jail Annual Review
Page 2 of2

The Field Office is responsible for assisting the Intergovernmental Service Agreement (lGSA)
facility to respond to the Immigration and Customs Enforcement findings when assistance is
requested. Notification to the facility shall include information that this assistance is available.
Should you or your staffhave any questions regarding this matter, please contact
Gary Mead, Deputy Assistant Director, Detention Management Division at (202) 732cc: Official File
ICE:HQDRO:E. Acuna:2-6169: 10/29/2008
b2High

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
www.ice.gov