ICE Detention Standards Compliance Audit - Otero County Processing Center, Chaparral, NM, ICE, 2009
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ICE Detention Standards Compli~nce Review Otero County Processing Center March 3-5, 2009 REPORT DATE - March 12,2009 r· Bat i v e cor re c tiD n s Contract Number: ODT':6-D-OOOI Order Number: HSCEOP-07-F-OI016 b6'\:i7c Executive Vice President Creative Corrections 6415 Calder, Suite B Beaumont, TX 77706 u.s. Enforcement Detention Standards Compliance Unit 500 12th St, SW Washington, DC 20024 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) .. tf."'! JS~. ' (C. ;' ..,. rea cor r ei vc ion s t et 6415 Calder, Suite 8 • Beaumont, Texas 77706 409.866.9920 • www.correctionalexperts.com Making a Difference! March 13,2009 MEMORANDUM FOR: James T. Hayes, Jr., Director . Office of Detention and Removal FROM: Reviewer-In-Charge SUBJECT: f Otero· County Processing '-',,~~~,,~ Follow-Up Review Creative Corrections conducted a follow-up review of the Otero County Processing Center (OCPC) located in Chaparral, New Mexico, on March 3-5, 2009. The facility received a "Deficient" rating during the September 2008 review. The county has subcontracted with Management and Training Corporation (MTC), a private prison company, to operate the prison facility. As noted on the attached documents, the team .of Subject Matter Experts included for Security; for Health Services; , for and Safety; and for Food Services. A closeout meeting was held on March 5, 2009, with \::1\3.b70 b6.li7c Deputy Senior Director MTC a number of facility staff. ICE representatives Office Director; Acting Supervisory Detention and Deportation Officer; and AsSIstant FIeld Office Director were also present at the closeout, during which all aspects of the review were discussed. Type of Review This review is a scheduled follow-up review to measure compliance with ICE "National Detention Standards (for facilities used over 72 hours) to measure corrective action progress since the review conducted six months ago. Review Summary The OCPC is not accredited by the National Commission on Correctional Health.Care, American Correctional Association, or the Joint Commission on Accreditation of Healthcare Organizations. Standards Compliance The following statistical information outlined provides a direct comparison of the 2008 Review and the follow-up review for 2009. Se)!tember 2008 Compliant Deficient .At-Risk Non-Applicable Review 35 3 0 0 March 2009 . Compliant Deficient At-Risk Non-Applicable Review 37 0 0 1 The three deficient areas during the September review were Food Service, Environmental Health and Safety, and Land Transportation, which gave way to the overall rating of "Deficient." Recommended Rating and Justification It is the Reviewer-in-Charge (RIC) recommendation that the facility receive a rating of "Good." Based on the review fmdings, a plan of action should not be necessary. RIC Assurance Statement All fIndings of this review have been documented on the Detention Review Worksheet attached and are supported by the written documentation contained in the review file. 2 Dep~rtment Of Homeland Security Immigration and Customs Enforcement Detention Facility Inspection Form Facilities Used Over 72 hours A. Type of Facilitv Reviewed ICE Service Processing Center ICE Contract Detention Facility ICE Intergovernmental Service Agreement ~ Other Charges: (If None, Indicate N/A) N/A Estimated Man-days Per Year: 336,932 B. Current Inspection Type of Inspection Field Office ~ HQ Inspection Daters] of Facility Review March 3-5, 2009 o G. Accreditation Certificates List all State or National Accreditation[s] received: None ~ Check box if facilfur has no accreditation[s] C. PreviousIMost Recent F~cilityReview Date[s] of Last Facility Review September 16-18, 2008 Previous Rating Superior 0 Good 0 Accepta~le ~ Deficient 0 At-Risk H. Problems I Complaints (Copies must be attached) The Facility is under Court Order or Class Action Finding Court Order Class Action Order The Facility has Significant Litigation Pending Major Litigation Life/Safety Issues .~ Check ifNone~ o o o D. Name 88081 Officer (Warden/OICISupt.) "UUI-V~l1"C (List Office with oversight reslPonSibllitl€:s) Distance from Field Office o o o o o I. Facility History Date Built June 2008 Date Last Remodeled or Upgraded N/A Date New Construction 1 Bed space Added N/A Future Construction Planned DYes 181 No Date: Current Bed space Future Bed space (# New Beds only) 1,086 Number: 0 Date: J J. Total Facility Population Total Facility Intake for previous 12 months 5,600 Total ICE Man-days for Previous 12 months 5,600 K. Classification Level.1ICE SPCs and CDFs Only) L-2 L-l L-3 505 193 I AdultMale 155 0 I Adult Female. 0 0 Name of Team Member 1Title 1Duty Location ~.. . 5MB - Health Services 1Creative orrectlons Duty Location 5MB - Environmental Health & Safety 1 F. CDFIIGSA Information Only Contract Number I. Date of Contract or IGSA DROIGSA-08-0019 June 12,2008 Basic Rates per Man-Day $96.99 L.Facility Capacity .Rated Adult Male 1000 Adult Female 0 O~erational Emer2ency 1086 0 0 0 [] Facility holds Juveniles Offenders 16 and older as Adults . · MA ojJuIatlOn . verage Dal·1Y P ICE USMS I AdultMale 839 0 I Adult Female 0 0 N. Facility Staffing Level Security:" . Support:" I I Other 0 0 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) FonnG-324A SIS (Rev. 7/9/07) Detention Facility Inspection Form Facilities Used Over 72 hours Department Of Homeland Security Immigration and Customs Enforcement Significant Incident Summary Worksheet For ICE to complete its review of your facility, the following information must be completed prior to the scheduled review dates. The infomi.ation on this form should contain data for the past twelve months in the boxes provided. The information on this form is used in conjunction with the ICE Detention Standards in assessing your Detention Operations against the needs of the ICE and its detained population. This form should be filled out by the facility prior to the start of any inspection. FiUlure to complete this section will result in a delay in processing this report and the possible reduction or removal ofICE' detainees at your facility. Assault: Offenders on Offenders I Assault: Detainee on Staff # Times FourlFive Point R~traints applied/used U'u.'...uu.... I Detainee Medical Referrals as a result of Escapes Grievances: 0 0 Physical Physical 0 0 0 o 0 0 16 18 0 0 Physical Physical 0 0 0 o 0 0 3 1 0 0 0 o 0 0 0 o 0 0 3 3 0 0 0 o 0 0 0 o 0 0 0 o 0 0 0 o 0 0 0 o 0 0 0 o 0 0 45 6 0 0 18 5 0 0 0 0 0 0 0 0 28 30 0 0 0 o Deaths Referrals Any attempted physical cOntact or physical contact that involves two or more offenders 4 Oral, anal or vaginal penetration or attempted penetration involving at least 2 parties, whether it is consenting or non-consenting Routine transportation of detainees/offenders is not Considered "forced" Any incident that involves four or more detainees/offenders, includes gang fights, organized multiple hunger strikes, work stopPiJges, hostage situations, l11lUor fires, or other large scale incidents. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Form G-324A SIS (Rev. 7/9/07) Department Of 110meland Security Immigration and Customs Enforcement Detention Facility Inspection Fonn Facilities Used Over 72 hours Detention Standards Review Summary 2. Deficient 3. At Risk 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Admission and Release Classification System Correspondence and Other Mail Detainee Handbook Food Service Funds and Personal Property Detainee Grievance Procedures Issuance and Exchange of Clothing, Bedding, and Towels Marriage Requests Non-Medical Emergency Escorted Trip Recreation Religious Practices Work Medical Care Suicide Prevention and Intervention Directives and Death 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. . 34. 35. 36. 37. 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 Units (Administrative Segregation) Special Management Units (DiSCiplinary Segregation) Tool Control Transportation (Land management) Use of Force Staff 1Detainee Communication (Added August 2003) Detainee Transfer (Added September 2004) All findings (Deficient and At. .Risk) require written comment describing the finding and what is necessary to meet compliance. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Fonn G-324A SIS (Rev. 7/9/07) Detention Facility Inspection Fonn Facilities Used Over 72 hours Department Of Homeland Security Immigration and Customs Enforcement RIC Review Assurance Statement By signing below, the Reviewer-In-Charge (RIC) certifies that all findings of noncompliance with policy or inadequate controls contained in the Inspection Report are supported by evidence that is sufficient and reliable. Furthermore, findings of noteworthy accomplishments are supported by sufficient and reliable evidence. Within the scope of the review, the facility is operating in accordance with applicable law and policy, and property and resources are efficiently used and adequately safeguarded, except for the deficiencies noted in the report. ' Reviewer-In-Charge: (Print Narne) TeinD Members Print Name, Title, & DUty Location Print Name, Title, & Duty Location b6,bWe Food Service 5MB, Creative Corrections Print Name, Title, & Duty Location b6b7C Health Services 8MB, Creative Corrections Print Name, Title, & Duty Location bo,bie Security 5MB, Creative Corrections Recommended Rating: _ Corrections Environmental Health & Safety 5MB, Creative o Superior o Acceptable o Deficient ~Good OAt-Risk Comments: The Otero County Processing Center had no deficient areas noted during this review and does not use Tasers. The facility hitd one detainee death during the past year, which occurred at an offsite medicai center. The detainee was 58 years old and his death on 11-26-08 was related to a gastro-intestinal bleed secondary to cirrhosis of the liver. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Form G-324A SIS (Rev. 7/9/07) Department of Homeland Security Immigration and Customs Enforcement Office of Detention and Removal Condition of Confinement Review Worksheet (This document must be attached to each G-324A Inspection Form) This Form to be used for Inspections of all Facilities Used Over 72 Hours ICE Detention Standards Review Worksheet o IZl o Local Jail- IGSA State Facility - IGSA ICE Contract Detention Facility Name Otero Center Address (Street and Name) Road 26 Cityl State and Zip Code r;n:lnJr:J,.,..'" New Mexico 88081 County Otero . Executive Officer (Warden/OIClSuperintendent) Name and Title of Date[s] of Review March 2009 Type of Review ~ Headquarters 0 Operational DSpecial AS$essment DOther FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 0-324A Detention Inspection Form Worksheet for rOSAs - Rev: 07/09/07 TABLE OF CONTENTS DETAINEE SERVICES STANDARDS (SECTION I) ............................................................................ 3 ACCESS TO LEGAL MATERIALS .............................................................................. :................................ . ADMISSION AND RELEASE ....................................................... , ................................................................ . CLASSIFICATION SySTEM ........................................................................................................................... . CORRESPONDENCE AND OTIIERMAIL .................................................................................................. ;.. DETAINEE HANDBOOK ..................................................... ~ .............. ;......................................................... .. FOOD SERVICE ......................................................................................................................................... . FUNDS AND PERSONAL PROPERTY ........................................................................................................... DETAINEE GRIEVANCE.PROCEDURES ...................................................................................................... . GROUP PRESENTATIONS ON LEGAL RIGHTS ........................................................................................... .. ISSUANCE AND EXCHANGE OF CLOTHING, BEDDING, AND TOWELS ....................................................... . MARRIAGE REQUESTS ............................................................................................................................ .. NON-MEDICAL ESCORTED TRIPs .. ,......................................................................................................... . RECREATION ............................................................................................................................................ . RELIGIOUS PRACTICES ............................................................................................................................ .. ACCESS TO TELEPHONES ....................................................................................................................... .. VISITATION ................................................................................................................................................ . .VOLUNTARY WORK PROGRAM ................................................................................................................ . IlEALTH SERVICES STANDARDS (SECTION II) ............................................................. ......••..•••• 32 HUNGER STRIKES ............................................. _ ..................................................................................... .. ACCESS To MEDICAL CARE ................................................................................................................... .. SUICIDE PREVENTION AND INTERVENTION ......................................................... :.................................. .. TERMINAL ILLNESS, ADVANCED DIRECTIVES AND DEATH ................................................................... .. SECURITY AND CONTROL STANDARDS (SECTION HI) ............................................................... 41 CONTRABAND .......................................................................................................................................... . DETENTION FILES ................... : ................................................................................................................. . DISCIPLINARY POLICy .............................................................................................................................. . EMERGENCY PLANS ................................................ :................................................................................ .. ENVIRONMENTAL IiEALllI 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 'fRANSFER STANDARD ...................................................................... ;.................................... . NOTE: FOR EACH STANDARD RATED BELOW ACCEPTABLE, FACILITIBS MUST ATfACHAPLANOF ACTION FOR BRINGING OPERATIONS 000 COMPLIANCE. EACH FACILITY SHOULDEXAMlNE THEENrIRE WORKSHEET TO IDENTIFY'AREAs OF IMPROVEMENT' INCLUDING mosE STANnARnSWJIERE AN OvERALL FINnING·OF ACCEPTABLE WAS ACHmvEn; . FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITNE) G-324A Detention lnspection Fonn Worksheet for rGSAs • Rev: 07/09/07 . SECTION I O'ETAINEE SERVICES STANDARDS FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) . G-324A Detention Inspection Form Worksheet for I08As - Rev! 07/09/07 PalZe 3 of74 ACCESS TO LEGAL MATERIALs POllCY: FACILITIES HOLDING IC~ DETAINEES SfL<\LL PERMIT DETAINEES ACCESS TO. A LAW LmRARY,AND PROVIi:>E LEGAL MATERIALS, -LEGES, AND mE OPPORTuNiTY To PREPARE LEGAL DOCUMENTS •. ' .... . FACILITIES, EQtiIPMENT~ DOCUMENT U>P~ll"lUr.N" y CUMl"U1'l.l!i1'l1~ The facility provides a designated law library for detainee use. The law library contains all materials listed in the "Access to Legal Materials" Standard, Attachment A. The listing of materials is posted in the law library. The library contains a sufficient nmnber of chairs, is well lit, and is -'llv;' ,1"+,,,,1 from noisy areas. The law library is adequately equipped with typewriters and/or lo), and has sufficient !Il1nrlie!l for daily use_by the detainees. In aciciitinl\ to the ;!:7 •.!! law library, detainees have access to the Lexis Nexkelec roT! law library. and is current. Where ..,'VUy,,\:!, the Lexis Nexis library is Outside persons and organizations are permitted to submit published legal material for inclusion in the legal library. Outside published material is forwarded and reviewed by ICE prior to inclusion. There is a designated ICE or facility employee who inspects, updates, and maintains/replaces legal materials and equipment on a routine basis. ..1. ~ NA IZJ 0 0 IZJ 0 0 IZJ 0 0 181 0 0 IZJ 0 0 IZI {] [] IZl 0 0 IZJ 0 0 Dli'll.U.DU.. The law library is located in the .1. , buildinQ'. The law library has four rIO and no ~Y\J", ..iil."'lo). _ S I E A , El Paso, • ~~..~. ..,.' 'BY,"", 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 ~. Detainees facing a court deadline are given priority use ofthe law . library. . Detainees may request materials not currently in the law library. Each request is reviewed and, where appropriate, an acquisition request is Requests for copies of court decisions are timely initiated. within~ 5 business days . Detainees are permitted to assist other detainees, voluntarily and free of charge, iIi researching and preparing iegal documents, consistent with IZl 0 0 IZJ 0 0 IZl 0 0 ..1. Illiterate or non-English-speaking detainees without legal representation receive access to' more than just English-language law books after indicating their need for help. Detainees may retain a reasonable amount of personal legal material in the general population: and in the special management unit. Stored legal materials are arrp.q,c:ihle withi!l_24 hours of a written remle.c:t_ 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 legal . are documented andLl"'V~"'U' ' _. .- , for lifting,ur,. matenals ..l All denials ofaccess to the law librlllY fully Facility staff informs· ICE M<ln! _ when a detainee or group of detainees is denied access tQ the law library or law materials. Detainees who seek judicial relief on any matter are not subjected to .' - k or nenalt1p_c: . [8J ACCEPTABLE o DEFICIENT D leXlS & MTC theJiliraJ)' ... Requests are submitted to Lt.· corrections~ IZl 0 D. IZl 0 0 ~ 0 0 IZI [] [] ~ 0 0 IZl 0 0 AT-RISK as a translator. ICE contacted if additional translators are needed. D REPEAT FINDING FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) . G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 Page 4 of 74 REMARKS: Local policy 7.1.1, Legal Issues, effective 6-1-08, ensures that detainees housed at the facility are afforded access to the law library and are provided legal materials, facilities, equipment, and the opportunity to prepare legal documents. ' MTC provides the library equipment and ICE staff ensures that the LexisNexis is current at OCPC. /3-5-09 AUDITOR'S SIGNATURE/DATE ,J~ vp , FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Fonn Worksheet for IGSAs - Rev: 07/09/07 PageS of74 ADMISSION AND REI..EASE .. POLICY: ALL DETAINEES WILL BE ADMITTED AND RELEASBD IN A MANNER THAT ENSuREs THEIRHEALffi, SAFpry, AND WELFARE. THE AD~I6NS P~~DURE \VII,L, AMONGOTfIERTIlINGS INCLUDE: MEDICAL SCREENiNG; A FILE-BASED ASSESSMENT AND CLASSIFIC.i\.TION '. PROCESS; A BODY SEARCH; AND A SEARCH OF PERSONALBELONGINGS~ WHICHWILLBE INVENTORIED,DOCUMENTED; AND SAFEGUARDED AS NECESSARY. Y COMPONENTS NA ·N In-processing includes an orientation of the facility. The orientation includes: Unacceptable activities and behavior, and corresponding sanctions; How to contact ICE; The availability of pro bono legal services, and how to pursue such services; schedule of programs, services, daily activities, including visitation, telephone usage, mail service, religious programs, count procedures, access to and use of the law library and the general library;· sick-call procedures, and the detainee handbook. Medical screenings are performed by medical staff m: persons who have received specialized training for conducting an initial health screening. 181 0 0 Each new arrival is classified according to criminal history and threat levels. Criminal history is provided for each detainee by the ICE field office. 181 0 0 IZI 0 0 181 0 0 181 0 0 IZI 0 0 181 0 0 181 0 0 0 0 0 0 All new arrivals are searched in accordance with the "Detainee Search" standard. An officer of the same sex as the'detainee conducts the search and the search is conducted in an area that affords as much privacy as possible. Detainees are stripped searched only when cause has been established and not as routine policy. Non-criminal detainees are not strip-searched but are patted down, Unless reasonable sus~icion is established. The ''Contraband'' standard governs all personal property searches. IGSAs/CDFs use or have a similar contraband standard. Staff prepares a complete inventory of each detainee's possessions. The detainee receives a copy. Staff completes Form 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 charged for these items. All releases are properly coordinated with ICE using a Form 1-203, Staff completes paperwork/forms for release as required. 181 ACCEPTABLE DDEFICIENT D IZI ~. ~ AT-RISK 0 0 REMARKS All detainees view an orientation video, receive a Detainee Handbook, and attend a Know your Rights presentation. Medical staff conducts the medical screenings following booking. ICE staff conducts the initial in~e processing and provides the 1- 213 form to the Otero classification unit. o REPEAT FINDING REMARKS: . Local policies are sufficient to guide staff through the release/removal .process. Detainee health, safety, and welfare are preserved. ICE conducts the initial booking and the facility's booking unit continues the booking proCess. All releases are properly coordinated with ICE using the 1-203 form. 06,57c FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) . G·324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 Page 6 of 74 CLASSIFICATION SYSTEM - - POLICY: -ALL FACILITIEs WILL DEVEWPAND IMPLEMENT A SYSTEM ACCORDING TO WHICH ICE DETAINEES ARE CLAsSIFIED; THE' CLASSIFICATION SYSTEM WILL ENSURE niAT EACH DETAINEE IS PLACED IN THE APPROPRIATE CATEGoRY, PHYSICALLY SEPARATED FROM DETAINEEs IN OrnER CATEGORIES - . _ COMPONENTS. ·Y-.·REMARKs . N NA 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/processing officer reviews work-folders, A-files, etc., to identifY and classifY each new arrival. Staff uses only information that is factual, and reliable to determine classification assignments. Opinions and unsubstantiated! unconfirmed reports may be filed but are not used to score detainees classifications. Housing assignments are based on classification-level. A detainee's classification-level does not affect his/her recreation opportunities. Detainees recreate with persons of similar classification designations. Detainee work assignments are based upon classification designations. The classification process includes reassessmentlreclas~ification. 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 appealed to a higher authority, such as the Warden or equivalent. .The Detainee Handbook or equivalent for IGSAs explains the classification levels, with the conditions and restrictions applicable to each. IZI ACCEPTABLE o DEFICIENT 181 0 0 The 1-213 form is forwarded to the classification unit as the basis for detainee classification. Classification levels are I, n & III (low, medium and high). There are 20 housing areas at the facility. 181 0 0 IZI 0 0 IZI 0 0 IZJ 0 [] ~ 0 0 IZI IZI 0 0 0 0 Detainees can request reassessment at any time. IZI 0 0 The written appeal is sent to the Deputy Warden for review. IZl 0 0 IZJ 0 0 IZJ 0 0 OAT-RISK Page 7 of the handbook details the classification process. o REPEAT FINDING REMARKS: Classified detainees are placed in proper categories at this facility. Staff relies on criminal history, and other associated behaviors to arrive at the proper classification. Detainees are separated when information. warrants such measures. Detainees may appeal their classification levels at any time by completing a request form to the Deputy Warden. All detainees are classified upon arrival, before being admitted into the general population. Local policy 2.1.13 Detainee Classification and Separation effective, 2-11-09, guides the classification process. /DAn: 11'-' b6b7c FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G·324A Detention Inspection Fonn Worksheet for IGSAs - Rev: 07/09/07 Page 7 of 74 CORRESPONDENCE AND OTHERMAII.· . POLICY: AIL FACILITIES WILL ENSURB'l'HAT DETAINEES SEND AND RECEIVE CORRESPONDENCE IN A TIMELY MANNER, SDaJECT TO LIMl'fAllONS REQUIRED FOR THE S.AFEtY, SEctiRITY, ANbORoERLY OPERATIONOFTHBFACILrrY. 0iimRMAtt. WILt BE PElU.1lTrED, SunmCTTO . THE SM--fE LIMITATIONS; EAcH FACILITY WILL WIDELY DisTRIBUTE ITS GUlDELINES CONCERNING ~RRESPONDBNCE ANti OTHER MAIL•. YES· COMPONENTS REMARKS· No NA The·rules for correspondence and other mail are posted in each housing Rules for correspondence are or common area, or provided to each detainee via a detainee handbook. outlined on page 18 of the 0 0 IZI Detainee Handbook. The facility provides key information in languages other than English; In The Detainee Handbook is in the language(s) spoken by significant numbers of detainees. List any English and Spanish. If IZI 0 0 additional translators are needed exceptions. ICE is contacted. Incoming mail is distributed to detainees within 24 hours or 1 business Mail is normally distributed D D between 3:30 & 4:00 PM. IZI day after it is received and inspected. Outgoing mail is delivered to the postal service within one business day The post office picks up mail of its entering the internal mail system (excluding weekends and D IZI 0 between 11:00 AM & 1:00 PM. holidays1 Staff does not open and inspect incoming general correspondence and . other mail (including packages and publications) without the detainee D 0 IZI present unless documented and authorized in writing by the Warden or equivalent for prevailing security reasons. Staff does not read incoming general correspondence without the 0 D IZI Warden's prior written approval. Staff does not inspect incoming special Correspondence for physical contraband or to verify the "special" status of enclosures without the 0 0 ~ detainee present. Staff is prohibited from reading or copying incoming special IZI 0 0 correspondence. Staff is only authorized to inspect outgoing correspondence or other mail without the detainee present when 1:h.ere is reason to believe the item 0 0 might present a threat to the facility's secure or orderly operation, . 181 endanger the recipient or the public, or mi2bt facilitate criminal activity. Correspondence to a politician or to the media is processed as special D 0 IZI correspondence and is not read or copied. The official authorizing the rejection of incoming mail sends written IZI 0 D notice to the sender and the addressee. The official authorizing censorship or rejection of outgoing mail provides IZI 0 0 the detainee with signed written notice. Staff maintains a written record of every item removed from detainee . ·0 181 0 A contraband log is maintained. mail. The Warden or equivalent monitors staff handling of discovered D 181 0 contrabaild and its disposition. Records are accurate and up to date. The procedure for safeguarding cash removed from a detainee protects the detainee from loss offunds and theft. The amount of cash credited to A receipt is issued by Finance. detainee accounts is accurate. Discrepancies ~e· documented and D. IZI 0 investigated. Standard procedure includes issuing a receipt to the detainee. Original identity documents (e.g., passports, birth certificates) are A logbook is maintained. ICE immediately removed and forwarded to ICE staff for placement in A- . IZI staffsigns the log. A-files are 0 0 maintained in EI Paso. files. Staff provides the detainee a copy ofhislher identity document(s) upon Detainees send a written request 0 IZI D. to ICE. ~est. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) o.324A Detention Inspection Form Worksheet for IGSAs - Rev: 07109/07 Page 8 of74 CORRESPONDENCE AND OTHER"MAIL . ... ... . POLICY: ALL FACILITIES WILL ENSURE THAT DETAINEES SEND ANP RECEIVE CoRRESPONDENCE iN.A TIMBLY MANNER, SUBJECT TO LIMiTATIONS REQUIRED FOR THE ANriomBRLYQPERATIONOFTHEFACILITY. ()rHBRMAIL W1U.BEP~RMrti'BD,SUBJECfTO . ' . .. sAFETY, .SBCORITY, . . . . . . . THE SAME LIMITATIONS. EACH FACILITY WJi.L WIDBLYDISTRIIWfB ITS GUIDELINES GO:NCERNING CORRBSPONl;>ENGB AND OTI:lBR MAIL. Staff disposes of prohibited items found in detainee mail in accordance staff forwards with the "Control and Disposition of Contraband" Standard or the similar 0 0 Mailroom IZl prohibited items to the Captain. prevailing policy in IGSAs. Every indigent detainee has the opportunity to mail, at government general and five legal expense, reasonable correspondence about a legal matter, in three one0 0 Three IZl letters are permitted. OWlce letters per week and packages deemed necessary by ICE. The facility has a system for detainees to purchase stamps and for mailing Stamps can be purchased all special correspondence and a minimum of 5 pieces of general 0 0 through IZl the Commissary. correspondence per week. The facility provides writing paper, envelopes, and pencils at no cost to Items are issued by security IZl 0 D staff. ICE detainees. '. IZI ACCEPTABLE DDEFICIENT D AT-RIsK o REPEAT FINDING REMARKS: The facility ensures that detainees have the ability to send and receive correspondence in a timely manner, subject to limitations required for the safety, security, and orderly operation of the facility. Other mail and correspondence is permitted subject to guidelines and limitations. Policy 5.2.2, Correspondence and other Mail, effective 1-21-09, outlines the facility mail guidelines -5-09 b6,b7e .• I .' ,., ' .J. rz.... IDATE-P FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Fonn Worksheet for IGSAs - Rev: 07/09/07 Page 9 of74 . "" " " DETAINEE HANDBOOK " POLICY: EVERY OIC WILL DEVEWP ASITE-SPECIFIC DETAINEE HANDBOOK TO SERVE AS AN OVERVmW OF, AND GUIDE TO, THE DETENTION POLICms, RlJLES, AND PRQcEDl.JRES IN EFFECT AT THE FACILITY:. "THE HANDBOOK WIlL ALSO DES~E SERVICES, PROGRAMS, AND "OPPORTuNITIES AVAlLABLE TIm.OUGH VAiuoUS SOURCEs, INCLUDING Tim FACILITY, ICE, PRIVATE ORGANJZATIONS~E'tC~ EVERY DETAiNEE \\TaL ~CEMiA COJ,>Y OFnns HANDBOOK UPON AD~SION TO THE FACILITY. " Y N COMPONEN.TS NA REMARKS TIm " The detainee ~andbook is written in English and translated into Spanish, or into the next most-prevalent Language(s). The handbook is supplemented by the facility orientatiori video, where one is provided. All staff members receive a handbook and training regarding the handbook contents. The handbook is revised !l$ necessary and there are procedures in place for immediately communicating any revisions to staff and detainees. There an annual review of the handbook by a designated committee or staff member. The detainee handbook addresses the following issues: • Personal Items permitted to be retained by the detainee; and • Initial issue of clothes bedding and personal hygiene items. The detainee handbook states in clear language the basic detainee responsibilities. The handbook clearly outlines the methods for classification of detainees, explains each level, and explains the classification appeals process. The handbOok states when a medical examination will be conducted. The handbook describes the facility, housing units, dayrooms, in-dorm activities, and special housing units. The handbook describes official count times and count procedures; meal times and feeding procedures; procedures for medical or religious diets; smoking policy; clothing exchange schedules; and, ifauthorized, clothes washing and drying procedures, and expected personal hygiene practices. The handbook describe times and procedures for obtaining disposable razors, and allows that detainees attending court will be afforded the opportunity to shave first. The handbook describes barber hours and hair cutting restrictions. The handbook describes the telephone policy; debit card procedures; dir~t and free calls; locations oftelephones; policy when telephone demand is high; and policy and procedures for emergency phone calls. The handbook addresses religious programming. The handbook states times and procedures for commissary or vending machine usage, where available. The handbook describes the detainee voluntary work program. "The handbook describes the library location and hours ofoperation, and law library procedures and schedules. " IZI D 0 IZI D D IZI D D IZI D D IZI D D IZI D 0 lZJ D D IZI D D D IZI D IZI D D D [81 D The handbook does not mention the different times throughout the day that counts are conducted. The language found in the handbook does not comply with the language found in the ICE Standard. Razors are to be issued daily and returned once the detainee is finished shaving. The " handbook states razors are issued once a week. There is no written policy regarding razor issue. D [81 D IZI D D lZJ D D lZJ D D 0 0 D 0 0 D [81 IZI [81 The period for when a medical exam will be conducted was not found in the handbook. FOR OFFICIAL USE O~Y (LAW ENFORCEMENT SENSITIvE) G-324A Detention Inspection Fonn Worksheet for IGSAs • Rev: 07/09/07 Page 10 of 74 . DETAINEE HANDBOOK POLICY: EVERY OlC Wll..L:OEvEWP A SiTE-SPECIFIC DETAINEEHANnBOOK TOSERVE AS AN OVERVrEWOF, ANn GuIDE TO; THE DETENTION POLICIES, RULES, AND PROCEDURES IN EFFECT AT 1HE FACILITY, THE HANPBOOK WILL ALSO DESCRIBE THE ·SERVICES,PR.oGRAMS, AND OPPORTUNITIES AVAILABLE tHROUGH vAiUOUS SOURCES, iNCLuDINGTHEFACILITY,ICE; PRNATEORGANlzAnONS, ETC •. EvERY DETAINEE . WILL REcEIVE A COpy OF THIs HANDBOO~UPONADMISSION TO THE FACILITY. COMPONENTS Y N NA REMARKS The handbook describes attorney and regular visitation hours, policies, and procedures. The handbook describes the facility contraband poliCY. The handbook describes the facility visiting hours and schedule, and visiting rules and regulations. The handbook describes the correspondence policy and procedures. The handbook describes the detainee disciplinary policy and procedures, including: • ProhIbited acts and severity scale sanctions; • Time limits in the Disciplinary Process; and • Summary of the Disciplinary Process. The grievance section of the handbook explains all steps in the grievance process - Including: • Informal (if used) and formal grievance procedures; • The appeals process; • In CDFfacilities: procedures for filing an appeal of a grievance with ICE. • . Staff7detainee availability to help durmg the grievance process. • Guarantee against staff retaliation for filing/pursuing a grievance. How to file a complaint about officer misconduct with the • Department of Homeland Security. The detainee handbook describes the medical sick call procedures for general population and segregation. The handbook describes the facility recreation policy including: • Outdoor recreation hours. • Indoor recreation hours. The handbook describes the detainee dress code for daily living; and work assignments. The handbook specifies the rights and responsibilities of all detainees. 1ZJ ACCEPTABLE o DEFICIENT D IZI IZI IZI IZI D D D [J [J [J ~ 0 0 IZI 0 0 IZI 0 0 IZI 0 0 IZI IZI 0 0 D 0 AT.,.RISK D D D REPEAT FINDING REMARKS: The language found in the handbook regarding razor issue conflicts with the direction given in the ICE standard. Initial medical examination is not identified in the Detainee Handbook. Count times are not mentioned in the handbook. RECOMMENDATION: A table of contents should be added to the front of the handbook. ~.JF'IDtE AUDITOR'S SIGNATURE b6,b7c FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 Page 11 of74 FOOD SERVICE . POLICY: EVERY FACILITY WILLPROVIJ)EDETAINEES IN ITS CARE WITHNUTRl'fIOUS AND APPETIZING MEALS, PREPARED IN ACCORDANCE WITH . .THE mGHESTSANITARY stANDAlU)S. COMP()~NTS y N NA D o D o ~ D D ~ D 0 The food service program is under the direct supervision of a professionally trained and certified food service administrator. Responsibilities of cooks and cook foremen are in writing. The Food Service Administrator (FSA) determines the responsibilities ofthe Food Service Staff. The Cook Supervisor is on duty on days when the FSA is off duty and vice versa. The FSA prevides food service employees with training that specifically addresses detainee-related issues. • In ICE Facilities this includes a review of the ICE "Food Service" standard Knife cabinets close with an approved locking device, and the on-duty cook foreman maintains control of the k 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. Staffmonitors the condition ofknives and dining utensils. When necessary, special procedures govern the handling offood items that ose a securi threat. ' Operating procedures include daily searches (shakedowns) of detainee work areas. The fSA monitors staff implementation of the facility's population counts procedures. Staff is trained in count procedures. The detainees assigned to the food service department look neat and clean. Their clothing and grooming comply with the "Food Service" standard. The FSA annually reviews detainee-volunteer job descriptions to ensure the are accurate and up-to-date. The Cook Foreman or equivalent instructs newly assigned detainee workers in the rules and rocedures of the food service de artment During orientation and training session(s), the CS explains and demonstrates: • Safe work practices and methods; • Safety features of individual products/pieces Ofequipment; and • Training covers the safe handling ofhazardous material[s] the detainees are likel 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 re ulations re arclin detainee a . o o D D D D o D D D o D D D o o o o o o REMARK$· The FSA is trained by the State of New Mexico Environment Department for Food Service Safety. The FSA also had training in a Supervisory Develo ment Pro am. The FSA has three assistants and there is always one of the man ers on du . The FSA conducts meetings with all staff, which include review of the ICE Food Service Standards. When knives are issued, the detainees are moved to the dining room and the kitchen is locked down while the knives are secured to the workstations. Yeast is controlled and only staff handles the east Detainee workers are searched prior to returning to their . housing units. Officers assigned to the food service area search all workin areas. All counts are conducted by detention officers assigned to the food service area. The facility has been operational for seven months. The orientation is conducted by the Risk Management Manager, All training 56,bYe is documented and kept on fIle. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) .G-324A Detention Inspection Fonn Worksheet for IOSAs • Rev: 07/09/07 Page 12of74 FOOD SERVICE POLICY! EWRY FACILITY WILL PROVIDE DETAINEES NITS CARE WITH NUTRITIOUS AND APPETIZiNG MEALS, PREPARED INACCORDANCE WITH 11m mGHESTSANrrARy STANDARDs. COMPONENTS Detainees are served at least two hot meals every day. No more than 14 hours elapse between the last meal served and the first meal of the following day. Y N NA ··REMARKS Detainees are served three meals a day. Breakfast 0500 Lunch 1200 Dinner 1600 IZI 0 0 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 filcility considers the ethnic diversity of the facility's detainee population wh~n developing menu cycles (Provide examples). IZJ 0 0 IZJ 0 0 IZJ D D A registered dietitian conducts a complete nutritional analysis of every master-cycle menu planned. The FSA has established procedures to ensure that items on the mastercycle menu are prepared and presented according to approved recipes. The Cook Foreman has the authority to change menu items ifnecessary. • If yes, documenting each substitution, along with its justification • With copy to FSA IZI 0 0 IZI D 0 Armed Forces Recipes are used D IZI D The Cook Foreman is not allowed to change any menu items. The FSA or Assistant are always on-duty and retain menuchange authority. They do document each substitution and forward to the FSA as well as the Warden. All staff and volunteers know and adhere to written "food preparation" procedures. Detainees whose religious beliefs require the adherence to particular religious dietary laws are referred to the Chaplain or FSA. IZI D 0 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-tare menus satisfY nutritional recommeitded 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 Program. The Warden, in conjunction with the chaplain and/or local religious leaders, provides the FSA a schedule of the ceremonial meals for the following calendar year. IZI 0 0 IZI D 0 IZI 0 D IZJ D D Oven Fried Chicken, Lasagna, Hot Dogs, Burritos, Yakisoba, Hamburgers, Fish, and Pork Adobe. Detainees who adhere to particular religious dietary la~s ate referred to the Chaplain. .. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Fonn Worksheet for IGSAs - Rev: 07/09/01 Page 13 of74 FOOD SERVICE - - .' EVERY FACll.ITY WILL PROVIbEDErAINEES IN ITS CARE WlTH NtJTRITIOUS ANDAPPETIZ1NG MEALS, PREPARED IN ACCORD~CE \VITH. THE moliEsT SANITARY STANDAlU>S .. COl\W()~NTS . -REMARKs Y NA ~ 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. 0 '0 • Jews who observe Passover but do not participate in the 181 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 duririg Lent. The food service program addresses medical diets. Medical diets are provided as 0 ~ 0 required. Satellite-feeding programs follow guid~lines for proper sanitation. Staff follows satellite feeding guidelines for proper sanitation 0 ~ 0 and food temperatures. Temperatures for all foods are Hot and cold foods are maintained at the prescribed, "safe" temperature(s) while being served. maintained at the prescribed safe 0 0 IZI range. All meals are provided in nutritionally adequate portions. 0 ~ 0 Food is not used to punish or reward detainees based upon'behavior. Food is not used as a reward or 0 ~ 0 as punishment. The food service staff instructs detainee volunteers on: • Personal cleanliness and hygiene; 0 0 • Sanitary techniques for preparing, storing, and serving food; IZI and • The sanitary operation, care,' and maintenance of equipment. Everyone working in the food service department complies with food All staff complies with safety safety and sanitation requirements. and sanitation requirement, 0 181 0 wearing hairnets and gloves. Standard operating procedures include weekly inspections of all food Inspections are conducted by the service areas, including dining and food-preparation areas and Risk Manager weekly. The 0 0 181 equipment. medical staff also conducted bimonthly inspections. • Who conducts the inspections? Equipment is inspected for compliance with health and safety codes and The State of New Mexico regulations. Environment Department ~ 0 0 conducts annual inspections; • When was the most recent inspection? most recently on 11-4-08. Which agency conducted the inspection? • Reports of discrepancies are forwarded to the Warden or designated 181 0 0 department head, and corrective action is scheduled and completed. Standard procedure includes checking and documenting temperatures of The temperatures for the dish all dishwashing machines after each meal. machine are taken three times a day and documented on the daily log. The FSA also runs a 181 0 0 temperature strip for the final rinse; it is kept with the daily log for all three meals. PQLIC:V! FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07109/07 Page 14 of 74 FOOD SERVICE PQLICY: EVERY FACILITY WILL.PROvIDEDETAINEES IN ITS CARE WITH NUTRITIOUS AND APPETIZINGMEAL$~ PREPARED IN ACCORDANCE WITH . . . THI! HIGHEST SANITARY STANDARDS. . Y CO~ONENTS Staff documents the results of every refrigerator/freezer temperature check. The cleaning schedule for each food service area is conspicuously posted. Procedures include inspecting aU incoming food shipments for damage, contamination, and pest infestation. Storage areas are locked when not in use. ·N IZI 0 0 IZI 0 0 IZI 0 0 IZI IZI ACCEPTABLE o DEFICIENT NA OAT-RISK 0 0 RE~ Temperatures are documented on all refrigerators/freezer as well as all hot boxes and temperature holding equipment. A staff member is always present when the storage areas are open. Detaitl.ees are not allowed in the storage areas. D REPEAT FINDING REMARKS: The Food Service Department was found deficient during the previous ADR, 9-18-08. All unacceptable areas have been corrected. The staff of this department did an excellent job movipg forward toward compliance with ICE standards. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 Page 15 of74 FuNDs AND PERSONAL PROPERty POLICY: ALL FACILITIES'WlLL IMPLEMENT PROCEDURES TO CONTROL AND SAFEOUARDDBTAINBBS' PBRSONALPROPBRTY. PROCEDURES WIT..L PRCWIDEFORTIffi SECURE STORAGE OF FUNDS, VALUABLES, BAOOAGil AND OTHER PERsONAL PROPERTY; THBDOCUMBNTA1'ION AND . RECEIPTING OF SURRENDERED PROJ,>EIUY; ANP THE lN1'I'iAI- AND REOULARLY SCHB»:m,ED INVENTORYING OFALL'l"UNDS, V~UABLBS, AND' OTHER PROPERTY. . . . . [J STANDARDNA: (IGSA ONLy) CBEC~ THIS BOXIFALLICE DETAJNI;EFuNDS; VALUABLES AND PROPERTY·ARE. HANDLED ONLY BY TIlE ICE FIEIJ) OFFICE.OR SUB-OFFIcE IN CONTROL OFTBE DETAINEE CASE• .yEs NA No REMARKS COMPONENTS Local policy is in place to Detainee funds and valuables are properly sep.arated, stored, and are address this component accessible only by designated supervisor(s). D 0 (#2.1.11, Protection from Harm, IZI Detainee Funds and Personal Property,9-26-08). Detainees' large valuables are secured in a location accessible to IZI 0 0 designated supervisor(s) or processing staff only. Staff itemizes the baggage and personal property of arriving detainees (including funds and valuables). For IGSAs and CDFs, using Ii personal D IZI 0 property inventory form that meets the ICE standard? Staff forwards an arriving detainee's medication to the medical staff. IZI 0 D Audits of baggage and nonAudits of baggage and non-valuable property occur each quarter and audits are logged and verified. 0 IZI 0 valuable property are conducted twice a year. Two officers are present during the processing of detainee funds and valuables during in-processing to the facility. Both officers verify funds IZI 0 0 and valuables. Staff searches arriving detainees and their personal property for 0 IZI 0 contraband. Staffprocedures follow written policy for returning forgotten property to . 0 0 IZI detainees. Ifthere were a property Property discrepancies are immediately reported to the CDEO or Chiefof discrepancy, itwould be noted Security. D D and IZI reported to the CDEO or Chief of Security. Stafffollows written procedures when returning property to detainees: D IZI D All procedures are followed by CDFIIGSA facility procedures for handling detainee property claims are similar with the ICE standard. D D staff when handling detainees' IZI property.. 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; IZI 0 0 • 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. 181 0 D • If a CDFIIGSA facility, written .procedure requires the prompt forwarding of abandoned property to ICE. IZI ACCEPTABLE DDEFIcrENT o AT~RISK o REPEAT FINDING REMARKS FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITNE) G-324A Detention Inspection Foim Worksheet for 10SAs - Rev: 07/09107 Page 16 of74 Local policy calls for audits of baggage and non-valuable property at least twice a year, contrary to ICE standard, which requires quarterly audits. The facility maintains accurate records for personal property and personal funds. D'etainee property is accurately inventoried and stored according to policy. The work area, in which these functions are perfonned, is neat, well organized, and clean.. ~ AUDITOR'S SIGNATURE I DATE JR"-- ~D " b6 bIe FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Ponn Worksheet for IG8As - Rev: 07/09/01 Page 170f74 DETAINEE GRI£VANCEPROCE1)URES . . . . POUCy:EVERY FACILITY WILLDBVEJ,.OPAND.iMPLEMENTSTANDARJ) OPERATING .PROCEDURES (SOPS) FOR ADDRESSING DETAINEE GRJEVANCESIN TIME1.Y FASHioN~ EAcH staPlNrnB PROCESS WnLOCCOR WlTHINTlffi PRESCRIBED TIME FRAME; AMONG OrnER THINGS~ A GruEVANCEWIILBE PROCESSBD,lNVESTIOATBp,AND DECIDED(SuBJECF TO APPEAL) IN ACCQRDANCE WITH nm·SOPS; AGRIEVANCE CoMMlTIEB WILL CONVENE As PROVIDED Iwilm SOPs. STANDARD PROCEDURE WIlL INCLUDE PROVIDING THE DETAINEE WITHA WRfITEN . RESPONSE TO ANY FORMAtGRIEVANCE; WHICH WILL INCLUDE THE BASiS FOR THE DEcISioN. nIEFACILITY WliLALSO EsTABLISH STANDARD . PROCEDuREs FOR HANDLING BMERGENCYGRIEVANCES..·Ali GRIEVANCES WILLRECijIVE sw.ERvisoRYREVIHW. REPruSALAGAlNsTTHEJ1ILER.· OF A GRIEVANCE WilL NOT BE TOLERATED.y COMPONENTS . N REMA1lKS NA Written procedures provide for the infonnal 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 !GSA), using formal procedures. • Detainees may seek help from other detainees or facility staff when preparing a grievance. illiterate, disabled, or non-English-speaking detainees receive • special assistance when necessary. Every member ofthe staffknows how to identify emergency grievances, including the procedures for expediting them. There are documented or substantiated cases of staff harassing, disciplining, penalizing, or otherwise retaliating against a detainee who lodged a complaint: • If yes, explain. 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 complaints received but not filed . .staff is -required to forward any grievance that includes officer misconduct to a higher official or, in a CDFIIGSA facility, to ICE. IZI ACCEPTABLE - DDEFICIENT D IZI O· 0 IZI 0 0 ~ 0 0 0 ~ 0 IZI 0 0 ~ 0 0 AT-RISK Logs are computer generated along with graphs. D REPEAT FINDING REMARKS: A written program is in place to direct and assist detainees in the grievance process. All ICE Standard components are found in the - written plan. The grievance log is well organized and easy to follow. ~ i, /V AUDITOR'S SIGNATURE/D TE I ti6 b7c FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Fonn Worksheet for IGSAs - Rev: 07/09107 Page 18 of74 GROUP LEGAL RIGHTS PRESENTATIONS . . . . POLICY: FACILlTIES HOUSING ICE DETAINEES SHALLPERMrr AUTHORIZE PERSONS TOMAKaPRESENTATIONS TO GROl,JPS OFDETAlNEBS FOR THE .,URPoSE OF n-wORMING THEM oFtlS: IMMlGRATIONLAW AND PROCEDURES, CONSISTEm:Wl'lHTHESECURITY ANoORDERLY OPERATION OF EACH FACILITY. ICE ENCOURAGESSUCHPRESENTATIO~S; WHICH INSTRUCT DErAlNEESABOurTHE IMMIGRATION SYSTEM AND THEIR RIGHTS ANDOPTIONS WITIIIN IT. o CHECKHERE IFNOGROUPPBESENTATIONSWERECONDUCTEDWITIIINTHEPAST 12 MONTIIS. MARKSTANOAImASACCEPTABLE. OVERALL AND CONTINUE ONwrm NEXT PORTION OF WORKSHEET. COMPONENTS The Field Office is responsive to requests by attorneys and accredited representatives for grouP:Qresentations. Upon receipt of concurrence by the Field Office Director, the facility or authorized ICE Field Office ensures timely and proper notification to attorneys or accredited representatives. The facility follows policy and procedure when rejecting or requesting modificatioris to objectionable material provided or presented by the attorney or accredited representative. YEs No NA 181 0 0 181 0 D 181 D D Posters announcing presentations appear in common areas at least 48 hours in advance and sign-up sheets are available and accessible. D 181 0 Documentation is submitted and maintained when any detainee is denied permission to attend a presentation and the reason(s) for the denial. t8l 0 0 lEI D D 181 0 0 lEI D D When the number ofdetainees allowed to attend a presentation is liinlted, the facility provides a sufficient number of presentations so that all detainees silmed UP may attend. Detainees in segregation, unable to attend for security reasons, may request separate sessions withJ)resenters. Such requests are documented. Interpreters are admitted when necessruy to assist attorneys and other legal representatives. Presenters are afforded a minimum ofone hour to make the presentation and to conduct a question-and-answer session. t8l 0 D Staff permits presenters to distribute ICE-approved materials. Presenters are permitted to meet with small groups of detainees to discuss their cases after the group presentation. ICE or authorized detention sUlff is j)resent but do not monitor conversations with le2al providers. Group presenters who have had their priv~eges 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 lEI D 0 181 0 0 181 0 D ,~ 0 0 181 0 0 .. REMARKS No posters or sign-up sheets are posted. The Know Your Rights video and presentation are mandatory. for detainees. No detainee has been denied permission to attend a presentation. Three sessions are held each week. The Diocesan Migrant & Refugee Services, Inc. conducts three weekly presentations :ltom 9A-IIA. A minimum of two security staff are present. ~esentations. The facility plays ICE-approved videotaped presentations on legalrights at regular opportunities, at the request of outside organizations. A copy of the Group Legal Rights Presentation policy, including attachments, is available to detainees upon request IZI ACCEPTABLE DDEFICIENT D AT-RISK D REPEAT FINDING REMARKS: FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09107 Page 19 of 74 The Diocesan Migrant & Refugee Services, Inc. conducts three weekly Know Your Rights presentations from 9A-IIA at the facility. A 'Guide for Detained Immigrants' handout is alsodistributed~ Presentations are routine and mandatory for detainees, thus there is no need for posters announcing these presentations. /3- -09 ) /V b. AUDITOR'S SIGNATURE / DATE - FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Fonn Worksheet for rGSAs - Rev: 07/09/07 Page 20 of74 ISSUANCE AND EXCHANGE OF CLOTHING, BEDDING, ~ TOWELS POLICY: ICE REQuiREs ruT ALL FACILITIES HOUSING ICE DETAINEES PROVIDE CLEAN CLOTHINO~ BEDDING. LlNENS·.ANb tOWELS TOEVERY rCE DETAINEE {)pON ARRNAL. FuRTHER; FACILITIE$ S~LPROVIDE ICEDETAlNEES WITHREGlJ.l.,AREXCHANGES OFCLOTIIING, LINENS,AND TOWELS FOR AS LONG AS THEY REMAlN IN DETENTiON. YES NA COMPONENTS No REMARKS The facility has a policy and procedUre for the regular issuance and exchange of clothing, bedding, linens, and towels. 0 0 • The supply ofthese 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 unifonn shirt and one pair of unifonn pants, or one jumpsuit; 0 ~ 0 One pair ofsocks; • One pair of underwear (Daily change); and • One pair of facility-issued footwear~ Additional clothing is available for changing weather conditions, or as IZI 0 0 seasonally appropriate. New detainees are issued clean bedding, linens, and towels. Theyreceive at a minimum: • One mattress; • One blanket; Two sheets; ~ 0 0 One pillowcase; • One towel; and Additional blankets are issued based on local weather conditions. Detainees assigned to special work areas are clothed in accordance with IZI 0 0 the requirements of the job. Detainees are provided clean clothing, linen and towels. Socks and undergarments - exchanged daily. Outer garments - twice weekly. • IZI 0 0 Sheets - weekly. • • Towels - weekly. • Pillowcases - weekly. Food service detainee volunteer workers are pennitted to exchange outer 0 IZI 0 gannents daily. Volunteer detainee workers are pennitted to exchange outer garments IZI 0 0 more frequently. • • • • • IZI ACCEPTABLE DDEFICIENT D AT-RISK D REPEAT FINDING REMARKS: Clothing, linens, and towels are in sufficient quantity for detainees at this facility: • . '3-5-09 AUDITOR'S SIGNATURE PTV ;~~TE b6 t)Ie FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Fonn Worksheet for IGSAs - Rev: 07109/07 Page 21 of74 MARiUAGE.REQVESTS· POLICY: ALL DETAINEE MARruAGE REQUESTS WILL RECEIVE CASE';BY-CASE·CoNS]))ERATION FROM ICE MANAGEMENT. REMARKS·· COM})ONENTS Y NA N The Field Office considers detainee marriage requests on acase-by-case basis. The Field Office Director reviews every marriage request rejected by a Warden/OIC or !GSA. Rejections are documented. It is standard practice to require a written request for permission to marry. The written request includes a signed statement or comparable documentation from the intended spouse, confinning marital intent. The Warden/OIC provides a written copy of hislher decision to the detainee and hislher legal representative. When permission is denied, the Warden/OIC states the basis for hislher decision. The Warden/OIC provides the detainee with a place and time to make wedding arrangements. o DEFICIENT !ZI ACCEPTABLE I8J D 0 181 181 181 D D D D 0 0 181 D 0 181 D 0 181 D 0 o AT'-RIsK As outlined in Policy #5.2.5, Family and Community Ties, Marriage Request, effective 8-1OS. D REPEAT FINDING REMARKS: The proper documentation is on file and completed according to Otero County Processing Center policy and the ICE standards. ~) ~ATURE/DATP . FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) . G-324A Detention Inspection Fonn Worksheet for IGSAs - Rev: 07/09/07 Page 22 of74 . NON-MEDICAL EMERGENCY ESCORTED TRIPS . . .... . . :POLICY: THE IMMIGRATION A,NDCUSTOMS ENFORCEMENT (ICE) MAY }>ROVIPEDETAINEEs wrriI ~TAFF';ESCORTED TRIPS Uf!:'O THE . COMMUNITYFORTIIEPURPOSEOPVlSri'INGcRlTICALLYH.LMEMBBRs0FTHEDETAINEE'SIMMEDIAtBFAMILY,ORFORATTBNDINGFuliIIlRAtS. .. 181 STANDAlID N/A:. CHECK THIS BOX IF mICE NON:'MEDlCAL EMERGENcY ESCORTEDTIuPS ARE HANDLED ONLY BY THE IcE FIELD OFFICE OR SUJi..;oFFlCE.INCONTROL OF THE DETAINEE CASE•. .. YES No COMPONENTS NA REMARKS . The Field Office Director considers and approves, on a case-by-case basis, trips to an immediat.e family member's: 0 0 0 • Funeral; or • Deathbed The facility recognizes mother, father, brother, sister, spouse, child, 0 0 0 stepparent, and foster parent as "immediate family." The IGSA facility notifies ICE of all detainee requests for non-medical 0 0 0 escorts. The detainee's Deportation Officer reviews the file before forwarding a detainee's request, with recommendation, to the approving official. Each 0 0 0 recommendation addresses the individual's suitability for travel; e.g., the . kind of supervision required. [] Each escort includes at least two officers. 0 0 Escorting officers report unexpected situations to the originating facility as a matter of procedure, and the ranking supervisor on duty has the 0 0 0 authority to issue instructions for completion of the trip. Escorting officers have the discretion to increase or decrease minimum restraints in accordance with written procedures and classification level of 0 0 0 the detainee. Escort officers are precluded from accepting gifts/gratuities from a 0 0 0 detainee, or detainee's relative or friend for any reason. Escort officers ensure that detainees: • Conduct themselves in a manner that does not bring discredit to the ICE; • Do not violate federal, state, or local laws; 0 0 • Do ;not purchase, possess, use, consume, or administer narcotics, 0 other drugs, or intoxicants; • Make no unauthorized phone calls; and • Know they are subject to search, urinalysis, breathalyzer, or comparable test upon return. Standard procedure requires the immediate return to the facility of any 0 0 0 detainee who violates trip rules. o ACCEPTABLE DDEFICIENT OAT-RIsK DREPEAT FINDING REMARKS: ICE Assistant Field Office Director, and • • il.'• •, Operations Supervisor stated that ICE handles all oftbe NonMedical Emergency Escorted Trips. /3-5-09 ,) b6,ti\?c AUDITOR'S SIGNATURE / DATE1 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 . Page 23 of74 RECREATION IT IS. ICE POLICY TO PROVIDE ACCESS TO RECREATIONAL PROGRAMs ANDACnvrnEs TO ALL ICE DETAINEES, TO TIlE EXTENT POSSmLE,UNDER CONDITIONS OF SECURITY AND. SUPERVISION THAT PROTECT THEIR SAFETY.AND WELFARE. NA COMPONENTS Y N REMARKS The facility has a recreation program and facility. Policy #5.3.1, Programs, ~ 0 0 Exercise and Recreation, effective 1-15-09. A recreational specialist (for facilities with more than 350 detainees) tailors The facility has a Recreational the program activities and offerings to the detainee population. 0 Specialist and an Assistant ~ 0 Recreational Specialist. Regular maintenance keeps recreational facilities and equipment in good 0 ~ 0 condition. The recreational specialist or trained equivalent supervises detainee There are no detainees assigned 0 0 to ~ work in recreation. recreation workers. The recreational specialist or trainee equivalent oversees recreation 0 ~ 0 programs for special housing units (SHU) and special-needs detainees. There are board games, card Dayrooms offer sedentary activities, e,g:, board games, cards, television. 0 ~ 0 g;ames, and TV. Outside activities are restricted to limited-contact sports. Handball, Basketball, or Soccer 0 ~ are the only outside activities. Each detainee has the opportunity to participate in daily recreation. 0 IZI 0 Detainees have access to recreation activities outside the housing units for 0 0 ~ at least one hour daily, 5 dayS a week. . Staff checks all items for damage and condition when equipment is 0 ~ 0 returned. Staff conducts searches of recreation areas before and after use. Searches are conducted before 0 0 and after recreation times on ~ detainees and areas. [] All recreation areas under constant staff supervision. ~ 0 Supervising staff is equipped with radios. ~ 0 11 The facility provides detainees in the SHU at least one hour of outdoor IZI 0 0 recreation time daily, five times per week. Detainees in disciplinary/administrative segregation receive a written ~ 0 0 explanation when a panel revokes his/her recreation privileg;es. IZI· Special programs or religious activities are available to detainees. lJ 0 Volunteers are required to sign a waiver ofliability before entering a secure volunteers are used for 0 0 IZI No portion of the facility where detainees are present. recreation at this facility. Visitors, relatives, or friends are not allowed to serve as volunteers. There are no volunteers used for 0 IZI the recreation program at this 0 facility. jgI Ifoutdoor·reereation is offered,eheekthis box. No further Inrormation.is required when outdoor recreation is offered. If the facility has no outside recreation, are detainees considered for transfer after six months? 0 0 0 • If yes, written procedures ensure timely review of all eligible detainees. ,. Case ~fficers make written transfer recommendations about every six0 0 0 month detainee to the OIC. [] [] The OIC documents all detainee-transfer decisions, whether yes or no. 0 The. detainee's written decision for or against an offered transfer 0 0 ·0 documented in hislher A-file. ·POLICY: o. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITNE) G-324A Detention Inspection Fonn Worksheet for IGSAs - Rev: 07109/07 Page 24 of74 RECREATioN .. . .. POLICY: IT IS ICHl'OLICY TO PROVIDE ACCESS TO RECREATIONAL PROGRAMS AND ACTIVITIES TO ALL ICE DETAINEES, TOM EXTEJ:IT POSSmLE, UNDER CONIiITIONS OF. SEcURITY AND SUPERVISION THAT PROTECT THEIR SAFETYAND WELFARE. Staff notifies the detainee's legal representative of his/her decision to accept/decline a transfer. Ifno recreation is available, the ICE Districts routinely review transfer eligibility 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 OlC's written detennination ofthe detainee's ineligibility for transfer. The detainee's legal representative is notified of the detainee'sIOIC's decision. IZI ACCEPTABLE DDEFICIENT 0 0 0 0 0 D 0 0 0 0 0 0 OAT-RISK D REPEAT FINDING REMARKS: The facility provides 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. Indoor and outdoor recreation schedules allow detainee access to recreation a minimum of one hour, daily, five days a week. 13-5-09 J0' AUDITOR'S SIGNATURE I DATE- FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G·324A Detention Inspection Form Worksheet for IGSAs • Rev: CYlI09/07 Page 25 of74 RELIGIOUS PRACTICES POLICY: FACILITIES WILL PROVIDE ICE PETAlNBBS OF ALL FAITIiS WITiJ RBASONABLBAND BQUITJ\BLBOPPORTUNlTII:is TO PARTICIPATE IN THE PRACTICES OF THEIR FAITH,. LIMrfED ONI.YBy' THBCONSTIWNTS. OF SAFETY, .SBCURITY, THEORDi!RLy' OPERATIONS OF THE FACILITY AND BUDGBTARY CONSIDERATIONS. COMPONENTS· REMARKs· N Y NA Detainees are allowed to engage in religious services. IZI D D IZI 0 D IZI 0 0" Policy #5.3.4, Programs, Religious Programs, effective 112-09, provides for religious programmin~. Space is available for detainees to conduct reljgious services. The facility allows detainees to observe the major "holy days" of their religious faith. • List any exceptions. The facility accommodates recognized holy-day observances by: • Providing special meals, consistent with dietary restrictions; , • Honoring fasting requirements; • Facilitating religious services; and Allowing activity restrictions. Each detainee is allowed religious items in his/her immediate possession . . Volunteer's credentials are checked and verified before allowing participation in detainee programs. • Members of faiths not represented by clergy may conduct their own services within security allowances. Detainees in the Special Management Unit are allowed to participate in religious practices unless otherwise documented for the safety and security of the facility. I:8J ACCEPTABLE o DEFICIENT IZI 0 0 IZI [] 0 IZI D 0 IZI D D IZI D D OAT-RISK o If a detainee requests observance for a religious holy day, they are to submit ij request to the Chaplain Charles Berry. There are volunteer Clergymen for the different faith groups at this facility; credentials are verified and an NCIC check is performed. Chaplains conduct rounds so that all detainees are provided ministry services. REPEAT FINDING REMARKS: The facility provides detainees of all faiths with reasonable and equitable opportunities to participate in the practice of their faith, limited only by the constraints of safety, security, the orderly operations of the facility and budgetary constraints. ~J AUDITOR'SSIGNATURE/DATE ~. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for I08As - Rev: 07/09/07 . Page 26 of74 DETAINEE TELEPHONE ACCESS· PQLICY; Au. FACn,ITIES HOUSlNG ICE DETAINEES WILLfERMIT DETAINEEs' REASONABLE AND EQUITABLE ACCESS TO TaLEPHONES. COMPONENTS y N NA Detainees are allowed access to telephones during established facility wakin~ hours. 18I 0 0 Upon admittance, detainees are made aware of the facility's telephone access policy. 18I 0 0 Access rules are posted in housing units. ~ 0 0 The facility makes a reasonable effort to provide key infonnation to detainees in languages spoken by any significant portion of the facility's population. 18I 0 0 Telephones are provided at a minimum ratio of one telephone per 25 detainees in the facility population. [gI 0 0 Telephones are inspected regularly by facility staff to ensure that they are in good working order. IZI ·0 0 181 0 0 181 0 0 181 0 0 181 0 0 181 18I 0 0 0 0 IZI 0 0 ~ 0 0 181 0 0 181 0 IZI IJ 0 D The facility administration promptly reports out-of,.order telephones to the facility's telephone service provider. 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 ofprivacy for legal phone calls. A procedure exists to assist a detainee who is having trouble placing a confidential call. The facility provides the detainees with the ability to make non-collect (special access) calls. Special Access calls are at no charge to the detainees. 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 lega:l 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. Any telephone restrictions are· documented. The facility has a system for taking and delivering emergency detainee telephone messages. 181 0 0 Emergency phone ca:ll messages are immediately given to detainees. Detainees are allowed to return emergency phone. calls as soon as possible.. 181 181 0 0 0 . REMARKS . Access to phones is from 8:00 AM-IO:OO PM. The phone policy is addressed in the Detainee Handbook, the orientation video, and infonnation signs posted in the housing units. The Detainee Handbook and orientation video are in Spanish. If other translators are needed, ICE is contacted and other resources are made available. The phone to detainee ratio is 4:50. Phones are inspected regularly by ICE staff and checks are documented. The service provider is Public . Communications Service (PCS). Detainees are given a 3-minute call upon arriva:l. Staff verifies the emergency and relays the message to the· detainee. 0 FOR OFFICIAL USEONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Fonn Worksheet for IGSAs - Rev: 07/09/07 Page 27 of74 DETMNEETELEPBONE ACCESS POLICY: ALL fACILITIES HOUSING ICE J;>ETNNBES WILL PERMIT DETAINEEs' REASONABLE ANi> EQUlTAaLE ACCESS TO TELEPHONES •. .COMPONENTS· Detainees in disciplinary segregation are allowed phone calls relating to the detainee's immigration case or other legal matters, including consultation calls. Detainees in disciplinary segregation are allowed phone calls. to consular/embassy officials. Detainees in disciplinary segregation are allowed phone calls for family emergencies. Detainees in administrative detention and protective custody are' afforded the same telephone privileges as those in general population. When detainee phone calls are monitored, notification is posted by detainee telephones that phone calls made by the detainees may be monitored. Special Access calls are not monitored. [gI ACCEPTABLE DDEFICIENT D y N NA ~ 0 D ~ 0 0 181 0 0 181 0 0 181 0 0 AT-RISK REMARKS D REPEAT FINDING· REMARKS: Otero policy 5.2.3 Telephone Access, effective 2-11-09, ensures that ICE detainees have reasonable and equitable access to telephones. /DATE iJrv ~. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITNE) G-324A Detention Inspection Fonn Worksheet fur IGSAs • Rev: 07/09/07 Page 28 of74 . VISITATION .. POLICY: ICEsHALLPERMITDETAlNEESTOVISITwrmFAMILy,FR1E~S,LEGALREPRESENTATIVES,SPECIAL1N'1'ERESTGRoiJpS,ANDTHENEWS MEDIA; COMPONENTS .. .... y N NA . There is a written visitation schedule and hours for general visitation. ~ D D 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. A written copy of the rules regulating visitation and the hours of visitation is available to visitors. A general visitation log is maintained. I8J D D D D 0 D ~ D D D D IZI D D Visitors are searched and identified according to standard requirements. IZI IZI D 0 D D The requirement on visitation by minors· is complied with. IZI 0 0 0 0 IZI D D ~ Detainees in special housing are afforded visitation. ~ D D Legal visitation is available seven (7) days a week, including holidays. 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 ofcontinuing 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 representative to exchange documents. ~ D 0 IZI D D ~ D 0 ~ D 0 There are written procedures governing detainee searches. IZI D D When strip searches are required after every contact visit with a legal representative, the facility provides an option for non-contact visits with legal representatives. IZI D D Prior to each visit, legal service providers and assistants ru:e identified per the standard. IZI D D The current list ofpro bono legal organizations is posted in the detainee housing areas and other appropriate areaS. IZI D D The detainees are pemrltted to retain personal property items specified in the standard. A visitor dress code is available to the public. 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. After that time, on request, ICE considers a transfer, when possible, to a . facility that will allow minor visitation. At a minimum, monthly visits are allowed. ~ ~ ~ . ··REMARKS· Schedule is outlined on page 16 of the Detainee Handbook. Schedule is done by alphabet and limited to 30 minutes. Glasses, Bible, ring, wiltch, paper, and pencil can be . retained. A positive photo identification is required. A minor may be admitted if accompanied by an adult visitor. Visits are allowed unless a detainee is on a disciplinary restriction. Otero Policy 5.2.1 effective 211-09. Legal service providers and assistants must show a Texas bar card or a business card. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Fann Worksheet for IGSAs - Rev: 07/09/07 Page 29 of74 " VISITATION .. POLICY:IC~SJ-IALLPERMITDETAINEEsTOVJSITWITHFAMn:.Y.FRlENDS,LEGM.REP.RESENTA1JVES.SPECIALINTERESTGROurS.ANDTHENEWS MEDIA; The decision to permit or deny a tour is not delegated below the level of Field Office Director. Provisions for NGO visitation, as stated in the Detention Standards, are complied with. Law 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. IZI ACCEPTABLE o DEFICIENT ~ 0 D ~ 0 D ~ D D ~ D 0 ~ OAT-RISK D D Any examination by an outside " medical provider must be approved by the Assistant Field Office Director ofICE. o REPEAT FINDING REMARKS: Policy 5.2.1, Visitation, effective 2-11-09, permits authorized persons to visit detainees, within security and operational constraints. To maintain detainee morale and family relationships, this facility allows visits from family and friends. The OCPC allows detainees to meet privately with their current or prospective legal representatives and legal assistants, and with their consular officials. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) . G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07109/07 Page 30 of 74 VOliUNTARYWORKPROGRAM POLICY: IN EVERY FACll..ITY OFFERING AVOLUNTARY WORK PROORAM, ICE DETAlNEESWll..L HAVB THE OPPQRTUNITYTO WORK AND EARN MONEY BY PARTicIPATJNG.. WHII.BNOT.LEGALLY REQUiRED, ICEAFFORbS DETAiNEE WORKERS BASIC OccUpAnONALSAFEtY AND HEALtH ADMINISTRATION (OSHA)PR<m!CTIONS. DCHECI(BE~ IF ICEuI;TA)NEESARE NOT AUmORIZED TO WORK AT THE IGSA FAC~ITY.MARKNAON FORMC-324A, PAGE 3 AND MOVE TO NEXT SECTION. . COMPONENTS Y REMARKs N NA Does the facility have a voluntary work program? As per Policy #5.3.3, Programs, ~ 0 0 Detainee housekeeping meets neatness and cleanliness standards. ~ 0 0 Detainees have the opportunity to participate in special details, however, are never allowed to work outside the secure perimeter. Written procedures govern selection of detainees for the Voluntary Work Program. Where possible, physically and mentally challenged detainees participate in the program. The facility complies with work-hour requirements for detainees, not exceeding: • Eight hours a da.yand Forty hours a week. Detainee volunteers generally_work accordin&. to fixed schedule. If a detainee is removed from a work deta.il, staff places· the written justification for the action in the detainee's detention file. ~ 0 0 ~ 0 0 ~ 0 0 ~. 0 0 ~ [] 0 • Do ICE detainees participate? 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 :Medical staff screen and formally certify detainee food service volunteers. • Before the assignment begins; ·and • As a matter of written procedure Detainees receive safety equipment! training sufficient for the assignment. Proper procedure is followed when an ICE detainee is injured on the job. IZl ACCEPTABLE o DEFICIENT ~ 0 0 ~ D 0 ~ 0 0 ~ D 0 ~ 0 [] ~ OAT-RISK Cl Voluntary Work Program, effective 9-26-08. Housing units were neat and clean. As per policy, a written justification is placed in a detainee's detention file when removed from a work detail. Job orientations are completed upon entering the voluntary work program. Detainees ~ust be medically cleared for work to be considered for the voluntary work program. 0 o REPEAT FINDING REMARKS The facility offers a voluntary work program that allows the detainees the opportunity to work-and earn money. Detainees are medically cleared and properly placed into employment opportunities. Documentation ofjob training and medical screening are appropriately filed. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITNE) G-324A Detention Inspection Fonn Worksheet for rGSAs - Rev: 07/09107 Page 31 of74 SECTION II HEALTH SERVICES STANDARDS FOR OFFICIAL USE ONLY (LAW ENFORCEMENT. SENSITIVE) G·324A Detention Inspection Fonn Worksheet for IGSAs • Rev: 07/09/07 Page 32 of74 . " "." HUNGEItSTRIKES ". . POLICY: ALL FACILITlES "WILL FOLLOW STANDARD GUIDELlNESFO}{ THE MEDICAL ANDADM.lNISTRATIVEMANAoEMENT OF ICE DETAINEES ENGAGING IN HUNGER STRIKES. By MONITORiNG OF mE HEAi:m AND wELFARE OF TIlE INDIVIDUAL DETAlNEES,FACILITIES WILL $TRIVE TO SUSTAIN THEIR LIVES. '. . COMPONENTS Y N NA REMARKs Local policy #A-40.2, Hunger Strikes, effective 10-24-06, provides direction for the referral of a detainee to medical after refusing food for 72 hours. When a detainee has refused fqod for 72 hours, it is standard practice for staff to refer himlher to the medlcal department 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 h~ger-striking detainee at least once every 24 hours. The OIC of the facility obtains a hunger striker's consent before medical treatment. 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 use Hunger Strike Monitoring Form 1839 or similar IGSA form. The medical staffhas written procedures for treating hunger strikers. Staff .documents all treatment attempts, including attempts to persuade hunger striker of medical risks. ~ D D ~ D D D D ~ Policy directs that hungerstriking detainees be placed into medical segregation or isolation. ~ 0 0 ~ 0 0 ~ 0 D Informed Consent, Policy Number B-15 (October 2006), provides guidelines for attaining a detainee's consent before treatment All detainees sign a Consenfof Treatment form during the intake process. ~ D 0 ~ 0 D [81 D 0 ~ 0 D ~ 0 D ~ 0 D 181 '0 181 0 . 0 0 All food items are removed from the hunger striker's living quarters. Commissary privileges are suspended during this time. Staff utilizes an intake/output unique to .the medical department. " Policy directs that staff make all efforts to persuade the hunger striker of medical risks and document efforts. FOR OFFICIAL USE ONLY (JuAW ENFORCEMENT SENSITIVE) 0-324A Detention Inspection Form Worksheet for rOSAs - Rev: 07/09/07 Page 33 of74 .. HUNGER STRIKES POLICY: ALL FAClLITIES WILL FOLLOW STANDARD GUIDELINES FOR THE MEDICAL AND ADMlNISTRATIvEMANAGEMENT OF ICE DETAINEES ENGA.GING iNimNGER sTRiKEs •. By MONItORING OF. THE HEALTH AliID WELFARE OF THE INDIVIDUAL DETAINEES, FACll..ITIES WILL STRIvE to SUSTAIN THEIR. LIVES. 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. IZI [8J ACCEPTABLE DDEFICIENT D AT-RISK 0 0 As part of the orientation process, medical staff is required to be knowledgeable of the Physician Network Association (the facility's contract medical company) policies as well as the ICE standards. In addition, periodic training is conducted with the medical staff. D REPEAT FINDING REMARKS: The Otero County Processing Center's established policies and procedures meet the requirements of the Hunger Strikes standard. The facility has had one hunger strike during the past year. The detainee was monitored in-house until his condition required medical intervention unavailable at the facility. The detainee was transferred to a local hospital for hydration therapy. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Deten~on Inspection Form Works~eet for IGSAs - Rev: 07/09107 Page 34 of 74 ACCESS to MEDICAL CARE .. POLlCY~ EVERY FACILITY WILLBSTABLISHAND MAINTAIN AN ACCREDlTBDIACCREPITATION,:,WORTHY HEALTfI PROGRAM FOR THE GENERAL WELL~BBINGOFICE DETAINEES. . .. .. .. COMPONENTS . . Facilities operate a health care facility in compliance with state and local laws and guidelines. y NA o o o o D o o The facility's in·processing procedures for arriving detainees include medical screening. All detainees have access to. and receive medical care. The facility has access to a PHSIDIHS Managed Health Care Coordinator. 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 privacy when receiving health care. The medical facility has its own restricted-access area. The restricted access area is located within the confmes of the secure perimeter. The medical facility entrance includes ~ 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 • . •. 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 • Procedurally, no copies ·made and placed in detainee files. Pharmaceuticals are stored in a secure area. Medical screening includes a Tuberculosis (TB) test. • Every arriving detainee receives a TB test during the admission process; • Detainee's TB-screeningdoes not occur more than one business day after his/her arrival at the facility; and • Detainees not screened are housed separate from the general popUlation. D o o o o o o o o o o o o o o o o o o . ... REMARKS Detainee health care is provided through a contract with the Physician's Network Association (PNA). The department's staff is licensed under the state of New Mexico and operates within state and local laws and 2Uidelines. Local policy addresses this component (#A·22, Health Screening, effective 10·24·06). 25 medical files were audited with 100% compliance in this area. Policy #A·03, Access to Clinical Services, 6-1-08, addresses this component. The contractor provides a full range of medical, psychiatric and dental services. Medical coverage is provided 2417 . All detainees entering the facility are given a chest x-ray to screen for TB. Per contract, the x-ray results are returned to the facility within four hours. and detainees are not placed into general population housing until cleared. The facility has six negative pressure rooms to house detainees with infectious diseases. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G~324A Detention Inspection Fonn Worksheet for I08As - Rev: 07/09/07 Page 35 of74 . ACCESS TO MEDICAL CARE .. 'pOLICY: EvERY FACILITY WR.LESTABLISH AND MAINTAIN AN ACcREDITED/ACCREDITATION"WORTIlY HEALTH PROGRAM FOR THE GENERAL WEl:'L-SEmOOF rCEDETAlNEEs. . All detainees receive a mental-health screening upon arrival. It is conducted: • By a health care provider or specially trained officer; and Before a detainee's assignment to a housing unit. • The facility health care provider promptly reviews all 1-794s (or equivalent) to identifY detainees needing medical attention. The health care provider physically examines/assesses arriving d~tainees 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 pJovider. 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 plan includes a list of telephone numbers for local ambulance and hospital services. The plan includes procedures for facility staff to utilize this emergency health care consistent with security and safety. Detention 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 is distributed: The Fonn 1-819 (or IGSA equivalent) is used to notifY the ,WardenlFacility of a detainee that has special medical needs. A signed and dated consent form is obtained from a detainee before medical treatment is admini~tered. Detainees use the r-813 (or rOSA equivalent) to authorize ·the release of confidential medical records to outside sources. The facility health care provider is given advance notice prior to the release, transfer, or removal of a detainee. IZI D D ~ D D ~ D D ~ D D i8I D D ~ D D ~ ~ D D D D ~ D D ~ D D IZI D D· rzI ~ D D D D IZI D D IZI D D .~ D D Policy #A-29, Mental Health Screening, effective 10-24-06, addresses this component. 100% of 2S charts audited revealed compliance with this practice. Policy #A-24, Health Appraisal, effective 10-24-06, addresses this area. Chart audits of 25 detainee medical files revealed 100 percent compliance with .this practice. Staff is trained in CPR, first aid, AED use, and emergency medical situations to enhance a four-minute re~onse time. All medications are administered by licensed nursing staff. PolicY #B-13 , Confidentiality of Health Records, effective 10-2406, directs that any release of information require a written consent from the detainee. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) O..324A Detention Inspection Fonn Worksheet for IOSAs - Rev: 07/09/07 Page 36 of74 ACCESS. TO MEDICAL CARE . POLICY: EvERY FACILITY WII,LESTABLISHAND MAINTAIN AN ACGREDITED/ACCREDITATION-WORTHY HEALTH PROGRAM FOR THE GENERAL . . WELL-BEING OF ICE DETAINEES • 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" . IZI ACCEPTABLE DDEFICIENT D [81 0 0 [81 0 0 AT-RISK D REPEAT FINDING REMARKS: The Otero.County Processing Center's established policies and procedures meet the needs of the Access to Medical Care standard. ~J I D#~ AUDITOR'S SIGNATURE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for 108As - Rev: 07/09/07 Page 37 of74 SUICIDE PREVENTION AND INTERVENTION pOLlty~ ALL DETENTION STAFF WORKING WITH ICE DETAINEES WILL BE 'fRAINED TO RECOGNIZE SUICIPE-RISK INDICATORS. S'rAFFWILL liAN])Ln P01'ENTIl\L'LY SUICIDAL INDIVIDUALS WITH SENSrtMTY, SupERVISION, AND REFERRJ\LS:A CLINlCALLY SUICIDAL DETAINEE W1tL RECEivE PREVENTWE SUPERVISION AND TREATMENT. COMPONENTs 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 fa,cility procedures; and . Understand and apply suicide-~revention techniques. • A health-care provider or specially trained officer screens all detainees for suicide potential as part of the admission 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. The facility has a designated isolation room for evaluation and treatment The designated isolation room does not contain any structures or smaller items that could be used in a suicide attempt. Medical staffhas approved the room for this purpose. Staff observes and documents the status of a suicide-watch detainee at least once every 15 minutes. IZI ACCEPTABLE DDEFICIENT Y N NA ~ 0 0 ~ 0 0 ~ 0 0 ~ D· 0 ~ [] 0 0 ~ 0 IZI 0 0 0 0 ~ D AT-RISK REMARKS Training includes recognizing suicidal behaviors, making referrals and managing suicidal detainees. Twenty-five detainee medical files were audited reveaiing . 100% compliance with this practice. Policy #A-32, Suicide Prevention and Intervention, 1024-06, provides guidelines for managing suicidal detainees. The designated isolation cell contains handicapped bars, which could allow a detainee to utilize it in a hanging/suicide attempt Detainees are generally placed on continuous observation, which would hinder the possibility of a successful suicide. This issue was discussed with the administrative staff of the facility with a recornrnendation to utilize a different cell for the purpose of suicide observation. D REPEAT FINDING . REMARKS: The designated isolation cell was discussed with management officials. Due to the handicapped bars, a different cell was suggestedfor use when suicidal detainees are under observation. b6UTG FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IOSAs - Rev: 07/09/07 Page 38 of74 -TERMINAL ILt~sS,ADVANCED DIRECTIVES~AND DEArn PQLICY ALLFAcn.rrIES HOUSING ICBDETMNEES SHALLiJAVEPOUCIES AND PROCEDURES ADDlUlSSINGTHE~SUES OF _mRM1NALnLNESS OR -INJURY, MEDICAL ADVANCED DIREcTIVES, AND DlITAINEE DEATH, TO lNCLUDE THE PROCEDUREs TO ENSURE PROPER NOmCATIONIS PROVmEDTOICEoFFICIALS,-FAMILYMEMBE~-ANDOTImRINTERESrimpARTIESINTHEEVENTOFADETA1NEiH~EcoMiNGmRMINAlLYiLLOR INJURED OR DEATH OF A,DETAOOlE occURs. INADDmON. TIm POLICY WILL cOVER PRocEinlRES TO BE TAKEN IF THE DEATHOFADETAINEEOCCURSWHlLEIN'tRANSIT. - I8I-CBECKmBOX-IF'TBEFAaLrrvDOESNOTAcCEPTICEDETAlNEESWHOARESMRELYORTErOONALLYiLL.1NDiCATENAINTHE APPRO.,RIATE BOX .,-OR THIS PORTION OFTHEWORKSHEET. ALWAYS COMPLETE ALL REFERENCES TO DETAINEE DEATH AND RELATED NOnl<1CATIONS. --COMPONENTS Detainees who are chronically or tenninally ill are transferred to an appropriate offsite medical facility. The facility or appropriate ICE office promptly notifies the next ofkin 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 Fonn 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 attorney prep~e the documents. There is a policy addressing "Do Not Resuscitate Orders" Detainees with a "Do Not Resuscitate" order in the medical record receive maximal therapeutic efforts short of resuscitation? The facility notifies the DIHS Medical Director and Headquarters' Legal Counsel of the name and basic circumstances of any detainee with a "Do Not Resuscitate" order in the medical record. In the case ofIGSAs, this notification is made through the local ICE representative. The facility has written -procedures to address the issues of organ donation by detainees. The facility has written procedUres to notify ICE officials, deceased family members and consulates, when a detainee dies while in Service. The facility has a policy and procedure to address the death of a detainee while in transport. At all ICE locations the detainee's remains disposed of in accordance with the provisions detailed in this standard. In the event that neither family nor consulate claims the remains, the Field Office schedules an indigent's burial. consistent with local procedures. If the detainee's is a U.S. military veteran, is the Department of Veterans Affairs notified? • Y N NA - IZI D D 181 D D IZI D D IZJ D D jgJ D IZI D D IZI D D " D jgJ 0 D jgJ D D IZI D D IZJ D D IZJ D D - REMARKs -. Detainees who are chronically or tenninally ill are transferred to an appropriate offsite medical facility. Policy #6.5.1, Tenninal Illness, Advanced Directives and Death, effective 8-27-08, addresses advanced directives and procedures for attaining such. Policy #6.5.1, Tenninal Illness, Advanced Directives and Death, effective 8-27-08, addresses Do Not Resuscitate Orders (DNR). Policy #6.5.1, Tenninal Illness, Advanced Directives and Death, effective 8-27-08, addresses procedures for organ donation of a detainee. The facility's policy addresses procedures to follow in the event of a detainee death. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G·324A Detention Inspection Fonn Worksheet for IGSAs . Rev: 07/09/07 Page 39 of74 TERMINAL ll..LNESS, ADVANCED-DIRECTMS; AND DEAm pouev ALL FACILITIES HOUSING ICE DETAINEES SHALL~VB POLJCIES AND PROCEPURES ADDRESSING THE ISSUES OFTERMINALILLNESS OR INJURY, MEDICAL ADVANCED DIRECTIVES, AND-m!TAlNEEDEATII, TO iNcLUDE TIm PROCEDuREs TO ENSURE PROPER NOnFiCATION" IS PROViDEDTOiCEOFFICIALS,FAMlLYMEMBERSANDOnlERINTERESTEDPARTIESINTflEEvEmOFADETAlNEEBECOMINGTERMlNAILYiLLOR INJURED OR DEATH OF A DETAINEE IN ADDiTION, THE POlley WILL COVERPROCEDuREs TO BE TAKEN IF THE DEATH OF ADEfAINEE ocCuRs WHILE IN TRANSIT. occiJRs. -jgJ-cliEcKmisBOXIFTHEFACD..ITyDOESNOTACCEPTICEDETAMESWHOARESEVERELYORTERMlNALLYiLL. INnICA'i'ENAm THE APPROJ>lUATE BOX FOR THIS PORTION OF ~ WORKSHEET. ALWAYS COMPLE'rE ALL REFERENCES TO DETAINEE DEATH AND RELATEDNOTnlCATION8. -y -REMAlU(S NA N COMPONENTS An original or certified copy of a detainee's death certificate is placed in the sUQiecfs a-file. The facility follows established policy and procedures describing when to contact the local coroner regarding such issues as: • Perfonnance of an autopsy; • Who perfonn the autopsy; • Obtaining state approved death certificates; and • Local transportation of the body. ICE stafffollows established procedures to properly close the case of a deceased detainee. will [gI ACCEPTABLE o DEFICIENT ~ 0 0 181 D D 181 0 D OAT-RISK o REPEAT FINDING REMARKS: The facility has policy and procedures in place that meet the requirements of this standard. Generally, a tenninally ill detainee is removed to an off-site medical center. The facility had one detainee death during the past year, which occurred at an off~site medical center. The detainee was 58 years old and the death that occurred on 11-26-08, and was related to a gastro-intestinafbleed secondary to cirrhosis of the liver. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 Page400f74 SECTION III SECURITY AND CONTROL STANDARDS FOR OFFICIAL USE ONLY (LAW ENFORCEMENtSENSITNE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07109/07 Page 41 of74 CONTRABAND ... . POLlCY: ALL OBTENTION FACiLITIES WlLL ENSURE THE PROPER HANDLING AND DISPOSAL OF ALL CONTRABAND. DOCUMENTATION OF . CoNTRABAND DESTRUCTION Is REQUIRED. Y COMPONENTS The facility follows a written procedure for handling illegal contraband. Staff inventory, hold, and report it when necessary to the proper ~uthority for action/possible seizure. Contraband that is government property is retained as evidence for 'Potential discipliniuy action or criminal prosecution. Staff returns property not needed as evidence to the proper authofity. Written procedures cover the return of such property. Altered property is destroyed folIowing documentation and using established procedures. Before confiscating religious items, the OlC 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 circwnstances and using specified written procedures. Hard contraband is secured when not in use. [g! ACCEPTABLE DDEFICIENT ··N NA. ~ 0 0 ~ 0 .0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 D D AT-RISK REMARKs Local policy 2.3.1, Control of Contraband, effective 01-1-09, addresses this component. D REPEAT FINDING REMARKS: Policy 2.3.1, Control of Contraband sufficiently addresses all the components of this standard. 3-5-09 b6 bile . I I •• , ATURE/DA FOR OFFICIAL USE ONLY (LAWENFORCEMENT SENSITIVE) G-324A Detention Inspection Fonn Worksheet for IG8As - Rev: 07/09/07 Page 42 of 74 DETENTIONFILES' . 'POLICY: EVERY FACILITY WILL CREATE A DETENTION FILE FOR EVERY ICE DETAINEE BOOKED INTo THE FACILITY, EXCUIDINO ONLY . DETAINEES SCHEDULED TO DE,PART WITHlN24 HOURs~ THE DErEmION FILE WILL CONTAiN COPIES AND, IN SOME CASES, THE ORIGINAL OF SPECIFIEP DOCUMENTS CONCERNING:nrn DETAINEE'S STAY IN TIlE FAC:qny: CLASSIFICATION SHEET, .MEDICAL QUESTIONN~,PROPERTY INVENTORY SHEET, DISCIPLINARY DOcUMENTS, ETC. Y .COMPONENTS A detention file is created for every new arrival whose stay will exceed 24 hours. The detainee detention file contains either originals or copies of documentation and forms generated during the admissions process. The detainee's detention file also contains documents generated during the detainee's custody. • Special requests • Any G-S89s and/or 1-77s closed-out during the detainee's stay • Disciplinary forms/Segregation forms • Grievances, complaints, and the disposition{s) of same The detention files are located and maintained in a secure area Ifnot, the cabinets are lockable and distribution ofthe keys is limited to supervisors. The detention file remains active during the detainee's stay. When the detainee is released from the facility, staff adds copies of completed release documents, the original closed-out receipts for property and valuables, the original 1-385 or equivalent, and other docuinentation. The officer closing the detention file makes a notation that the file is complete and ready to be archived. Staff makes copies and sends documents from the file when properly requested by supervisory personnel at the receiving facility or office. Appropriate staffhas access to the detention files, and other departmental requests are accommodated by making a requeSt for the file. Each file is properly logged out and in by a representative of the responsible department. ~ ACCEPTABLE DDEFICIENT N ·NA REMARKs Policy 7.4.10 Detainee Records effective 6-1-08. ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ D D ~ D D ~ D D ~ 0 0 c D AT-RISK Detention files are located in the count room in locked cabinets. A sign out log is maintained.. D REPEAT FINDING REMARKS: Policy 7.4.10 Detainee Records, effective 6-1-08, ensures that each detainee who enters the facility has a filethatwill be maintained throughout his stay and archived upon release/removal. b6,5£e 3-5-09 AUDITOR'SSIGNATURE/DATE A 0 ~ FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 0-324A Detention Inspection Form Worksheet for IOSAs - Rev: 07/09/07 Page 43 of74 .. DISCIPLINARY POLICY POLICY: ALL FACILITIES llOUSING lCEDETAlNEES AREAUTHOR;lZED TO IMPOSE DISCIPLINE ON DETAINEIi~ WHOSE BEHAVIOR IS NOT IN COMPLIANCE WlTI:I FACILITY RliLEs AND REGULATIONs' .... COMPONENTS· The facility has a written disciplinary system using progressive levels of reviews and appeals. The facility rules state that disciplinary action shall not be capricious or retaliatory. Written rules prohibit staff from imposing or permitting the· following sanctions: • corporal punishment • deviations from norinal food service • clothing deprivation • bedding deprivation • denial of personal hygiene items • loss of correspondence privileges • deprivation of physical exercise The rules ofconduct, 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. Y N NA ~ 0 0 IZI 18I 0 0 ··REMARKS . 0 Otero County Processing Center Policy and Procedures 6.31.2, Disciplinary Proc~dures, effective 10-09-08, addresses this component. 0 OCPCPolicy and Procedures 6.1.2, Detainee Rights, effective 06-01-08, addresses this component. ~ 0 D Detainees are verbally informed of the rules of conduct during the initial intake process. The information is also available in the Detainee Handbook ~ D 0 The requirements of this component are pOsted in each . housing unit. Minor infractions are adjudicated by a Shift Lieutenant not involved in the incident. 18I 0 0 Incident reports and Notice of Charges are promptly forwarded to the designated supervisor. Incident reports. are investigated within 24 hours of the incident. The Unit" Disciplinary Committee (ODC) or equivalent does not convene before an investigation ends. 18I 0 0 ~ 0 0 An intermediate dis<:iplinary process is used to adjudicate minor infractions. A disciplinary piUlel (or equivalent in IGSAs) adjudicates infractions. The panel: . • Conducts hearings on all charges and allegations referred by the UDC; • Considers written reports, statements, physical evidence, and ·oral testimony; • Hears pleadings by detainees and staff representatives; . • Bases its fmdings on the prepo~derance of evidence; and Imposes only authorized sanctions ~ 0 0 18I 0 0 OCPC Policy 3.1.1, Detainee Rights, effective 06-01-08, page llofli, paragraph Cola 1, addresses this component. • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Fonn Worksheet for IOSAs - Rev: 07/09107 . Page 44 of 74 " DISCIPLINARY POLICY "" " POLICY: ALL FACILITIES HOUSING ICE DETAINEES ARE AUTHORIZED TO IMPOSE DISCIPLINE ON DBTAlNE~ WHOSE BEHAVIOR IS NOT IN "COMPLIANCE wITH FACILlTY RULES AND REGULATIONS~ ." COMPO~ENTS A staff representative is available if requested for a detainee facing a disciplinary hearing. The facility permits bearing postponements or continuances when conditions warrant such·a continuance. Reasons are documented. The duration of punislunent set by the Ole, as recommended by the disciplinary panel, does not exceed established sanctions. The maximum time in disciplinary segregation is limited to 60 days for a single offense. Written procedures govern the handling of confidential-infomumt infonnation. Standards include criteria for recognizing "substantial evidence" All forms relevant to the incident, investigation, connllittee/panel reports, " etc., are completed and distributed as required. ~ ACCEPTABLE o DEFICIENT D Y N"" NA 181 D D [81 D 0 [81 D D 181 D D [81 D D AT-RISK "REMARKS .0 REPEAT FINDING REMARKs: Policy 6.3.1, Disciplinary Procedures, effective 10-09-08, addresses all the components of this standard. '3-5-09 AUDITOR'S SIGNATURE ) YG IDA~E FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs·-Re~: 07/09107 Page 45 of74 "'. EMERGENC¥(CONTINGENcy) PLANS , , POLICY ALLFACILITJES HOLDING ICE DETAINEES WILL~PONDTQ~RGENCIES virrnAPREDEtERMlNED.STANDARDIZEDP~TO~ TImHARMINGOFHUMANLlFEANOTHEDESTRUCTrONOFPROPERTY.ITISRECOMMENJjEDTHATSPCSANriCDFSBNrERJNToAGREBMENT. VIA MEMORANDUM OF UNDBRSTANoINO'<MOU), WITH FEDERAL, LOCAL AND STATE AGENCIES TO ASSIST IN TIMEs OF EMERGENCY•.· , 'COMPONENTS ' y N" NA' ' REMARKS 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 Staff is tramed to identitY signs of detainee unrest. • What type of training and how often? Staff effectively disseminates information on facility climate, detainee attitudes, and moods to the Officer In Charge (OlC) There is a designated person or persons responsible for emergency plans and their implementation. Sufficient time is allotted to the person or group for development and implementation of the plans. , The plans address the following issues: • Confidentiality • Accountability (copies and storage locations) • Annual review procedures and schedule • Revisions Contingency plans include a comprehensive general section with procedures applicable to most emergency situations. The facility has cooperative contingency plans with applicable: • Local law enforcement agencies • State agencies • Federal ag.encies All staff receives copies 'of Hostage Situation Management policy and procedures. Staff is trained to disregard instructions from hostages, regardless of rank. Witl1.in 24 hours after release, hostages are screened for medical and psychological effects. Emergency plans include emergency medical treatment for staff and detainees during and after an incident 0 0 o o Otero County Processing Center Policy 2.1.8, Detainee Control and Movement, effective 06-01-08, page 2 of 2, paragraph E-l, addresses this component. Staff receive training on how, to identitY signs of detainee' o o o o o o o o o o o o o o o o o o unrest, through training in detainee supervision and manipulation, and communication skills during inservice and pre-service training. The Warden is responsible for the emergency plans and their implementation. The facility has a cooperative contingency plan with the ' County of Otero, dated 09-2208. The Hostage Situation Management policy and procedures are aVailable on the computer, Central Control, Housing Control, and in the Annory. FOR OFFICIAL USE ONLY (LAWENFORCEMENT SENSITNE) G-324A Detention Inspection Fonn Worksheet for rOSAs - Rev: 07109107, . Page 46 of74 ... EMERGENCY (CONTINGENCY) PLANS . POLICY ALL FACILITIES HOLDING ICEDETAINEESW1U..RESPONDTO EMERGENCIES WmIAPREDETERMINEo STANDARDIZED PLAN.TO MINIMIZE. THE HARMING OF HUMAN LIFE AND mEDESTRUCTION OF PROPERtv. IT IS RECOMMENDBDTHAT SPCsANDCDFS ENTERINTOAGREEMENr; VIA MEMORANDuM OF UNDERSTANDJNG {MOm, WITH FEDERAL, LOCAL AND STATE .AGENCIES TO ASSIST mnMEs OF EMERGENCY•. COMPONENfS Food service maintains at least 3 days' worth of emergency meals for staff and detainees. Written plans identitY locations of shut-off valves and switches for all utilities (water, gas, electric). Written procedures cover: • WorkIFood Strike • Disturbances • Escapes .. • Bomb Threats • Adverse Weather • Internal Searches • Facility Evacuation • Detainee Transportation System Plan • Internal Hostages • Civil Disturbances IZI ACCEPTABLE D DEFICIENT . ·YN o REMARKS NA . o o o D o The plans identifYing the locations of the shut-off valves and switches are in the Utility Shutoff Manuals that are maintained in the Central Control, Housing Control, and the Armory. D REPEAT FINDING REMARKS: The facility has written procedures addressing all of the ICE required emergency contingency plans. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 Page 47-of74 ENVIRONMENTALHEALmAND SAFETY \ POLICY: EVERY FACILITY WILL CONTROLFLAMMABLB, TOXIC,AND CAUSTICldA,TERws riIROUGHAHAZARDOUS MATERIAI.8PROGRAM. DIE PROGRAM WiLL iNCLUDB,AMONG OTHER THINGS,THE IDENTIFICATION ANDLABBLING OFiIAzAiIDOus MATERIALs IN ACCORDANCE wtrH APPLiCABLE STANDARDS (E.G., NATIONAL FIRE:PRoTECrrON AsSOCIATION [NFPA]);· .IDENTIFICATlON op·mCOMPATmLE·MATEIUALS, AND SAFE-HANDLING PROCEDURES . COM}»ONENTS .NA N Y REMARKS The facility has a system for storing, issuing, and maintaining inventories 0 rzJ D of hazardous materials. Constant inventories are maintained for all flammable, toxic, and caustic substances used/stored in each section of the facility. The manufacturer's Material Safety Data Sheet (MSDS) file is up-to-date for every hazardous substance used. The files list all stomge areas, and include a plant diagram and legend. The MSDSs and other information in the files are available to personnel managing the facility's safety program. All personnel using flammable, toxic, and/or caustic substances follow the prescribed procedures. Th~y: • Wear personal protective equipment; and • Report hazards and spills to the designated official. • • The MSDSs are readily accessible to staff and detainees in work areas. Hazardous materials are always issued under proper supervision. • Quantities are limited; and • Staff always supervises detainees using these substances. All "flammable" and "combustible" materials (liquid and aerosol) are stored and used accordin2 to label recommendations. Lighting fixtures and electrical equipment installed in storage rooms and other hazardous areas meet National Electrical Code requirements. The facility has sufficient ventilation, and provides and ensures clean air exchanges throughout all buildings. Vents, return vents, and air conditioning ducts are not blocked or obstructed in cells or anywhere in the facility. Living units are maintained at appropriate temperatures in accordance with industry standards. (68 to 74 degrees in the winter and 72 to 18 degrees in the summer.) Shower and sink water temperatures do not exceed the industry standard of 120 de2fees. All toxic and caustic materials are stored in their ori~al containers in a secure area. Excess flammables, combustibles, and toxic liquids are disposed of properly and in accordance with MSDSs. IZI 0 0 181 0 D 0 181 0 rgj D 0 181 D 0 IZI 0 0 IZI 0 D 181 0 0 IZI 0 0 IZI 0 0 181 0 0 IZI 0 0 181 0 0 Personal Protective Equipment such as chemical goggles, chemical aprons and rubber gloves are not available in Food Service and in the Laundry for use when handling corrosives. There is no eyewash station in Food Service, Medical, or Laundry. On the last day of the review, PPE was put in place in Food Service and the Laundry. Purchase or!iers were generated for the needed eyewash stations. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G·324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09107 Page 48 of14 ENVIRO~ENTAL HEALm AND S~TY· POLICY: EVERY FACll..frir WILL CONTROL FlAMMAsLE, TQXIC,ANoCAUSTICMAl'ERlALS THROUGHAHAZARDQUSMATERlALS PRoGRAM. DIE PRoGRAM WILL INcLUDE,AMONGoniER THINGS, THE lJ)ENTIFICATI()N AND LABELING OFHAzARDQUS MATERIALS IN ACCORDANCE WitH APPLICABLE STANDARDS (E.G., NATIONAL F~PROTECTIONAssocIAnON [NFPA);·lDENTIFICATIONOFINCOMPATm~ MATERIALS; AND SAFE-HANDLING PROCEDURES COMPONENTS .. Staff directly supervise and account for products with methyl alcohol. .Staff receives a list of products containing diluted methyl alcohol, e.g., shoe dye. All such products are clearly labeled. "Accountability" includes issuing such products to detainees in the smallest workable quantities. Every employee and detainee using flammable, toxic, or caustic materials receives advance training in their use, storage, and disposal. The facility complies with the most current edition of applicable codes, standards, and regulations ofthe National Fire Protection Association and the Occupational Safety and Health Administration (OSHA). A technically qualified officer conducts the fITe and safety inspections. The Safety OffiCe (or officer) maintains files of inspection reports. The facility has an approved fire prevention, control, and evacuation plan. The plan requires: • Monthly fire inspections; • Fire protection equipment strategically located throughout the facility; Public posting of emergency plans with accessible • building/room floor plans; • Exit signs and directional arrows; and • An area-specific exit diagram conspicuouSly posted in the diagrammed area. Fire drills are conducted and documented monthly. A sanitation program covers barbering operations. The barber shop has the facilities and equipment necessary to meet sanitation requirements. .The sanitation standards are consJ?icuously posted in the barbershop, Written procedures regulate the handling and disposal of used needles and other sh~ obiects. All items representing potential safety or security risks are inventoried and a designated individual checks this inventory weekly. Y N· NA REMARl<S D D ~ Methyl alcohol is not utilized at this facility. ~ D D D ~ D .~ lZI 0 0 D D D D ~ D 0 ~ D 0 D 181 0 181 0 0 IZI 0 0 [] D D D ~ 181 .~ Exit doors leading out of the two ISO-person dining halls are not separated by proper distance in accordance with the National Fire Codes. In an undated memofro~ Director, Fire Marshall, Otero . County Office of Emergency Services, the exiting situation in the dining halls meets the . requirements of the International Fire Code, 2003 edition. This item was identified as a deficiency during the review conducted in September 2008, and it has not been corrected . Policy number 4.2.3", does not contain all the components found in the ICE Standard. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 0-324A Detention hispection Fonn Worksheet for IGSAs - Rev: 07/09/07 Page 49 of 74 ENV.IRONMENTALHEALmAND SAFETY' "POLICY: Ew.RY FACJLITY WILL cONTROL FLAMMABLE, TQXIC, AND CAUSTIC MATEiuALs TIIROUGHAHAZARDQUS MATE.RIALS PRoGRAM.'fim PROGRAM WILL iNCLUDE, AMONG OTHER THINGS, 'tHBIDENnFlCATION AND LABELING" OF HAZARDOuS "Mi\TERIALS IN"ACOORDANCE wtm APPLICABLE. STANDARDS (E.G.,NAllONAL FIRE PROTECTIQN ASSOCIATION [NFPA]); IDENTIFICAUON OF INCOMPATIBLE MATERIALS, AND' SAFE-HANDLING PROCEDURES . ··REMARKS COMPONENTs Y NA N Standard cleaning practices include: Using specified equipment; cleansers; disinfectants and detergents. An established schedule of cleaning and follow-up inspections. • • • ~ 0 0 ~ 0 0 Spill kits are readily available. ~ 0 0 A licensed medical waste contractor disposes of infectiouslbio-hazardous waste. Staff is trained to prevent contact with blood and other body fluids and written procedures are followed. Do the methods for handling/disposing of refuse meet all regulatory requirements? A" licensedlCertifiediTrained pest-control professional inspects for rodents, insects, and vennin. • At least monthly. • The pest-control program includes preventative spraying for indigenous insects. Drinking water and wastewater is routinely tested according to a fixed schedule. Emergency power generators are tested at least every two weeks. • Other emergency systems and equipment receive testing at least quarterly. • Testing is followed-up with timely corrective actions (repairs and replacements). ~ 0 0 IZI 0 0 IZI 0 0 ~ 0 0 IZI 0 0 IZI tJ 0 The facility follows stand~d cleaning procedures. IZI ACCEPTABLE o DEFICIENT OAT-RISK o REPEAT FINDING REMARKS: . Chemical goggles, aprons and rubber gloves are not available in Food Service and the Laundry. There are no eyewash stations in Food Service, Medical, or Laundry. Loc~l policy regarding the sanitation program for barbershop operations does not contain the requirements found in the ICE Standard. The exit doors in the Food Service Dining Halls are not remotely located from each other, per NFPA criteria. The facility seems reliant on a local fire authority's citation of compliance with the International Fn:e Code; ICE standards do not recognize this resource. ~ J AUDITOR'SSIGNATURE/DA~ t FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for 10SAs - Rev: 07/09/07 Page 50 of74 HOLD ROOMS.IN DETENTION FACILITIES . . . .POLICY: HOLD ROOMS WILL ~E USED ONLY FOR TEMPORARY DETENTION OF DETAINEES AWAITING REMOVAL, TRANSFBR.EOIRHEARlNGS, MEDiCAL TREATMENT, INTRA-FACn.Irt MOVEMENt, OR OtHER PROCESSING INTO oR. OUT OF THE FACII.JTY. .. . .. COMPONENTS . REMARKS Y .N NA The hold rooms are situated within the secure perimeter. Otero County Processing Center Policy 2.1.17, Hold Rooms, IZ! D D effective 02-11-09, addresses the entire component of this standard. The hold rooms are well ventilated well lighted, and all· activating IZ! D D switches are located outside the room. Th~ hoJd rooms contain sufficient seating for the number of detainees IZ! D D held. Bunks, cots,beds, or other related make-shift sleeping apparatus are ~ D D precluded from use inside hold rooms. The walls and ceilings of the hold rooms are tamper and escape proof. ~ D D Individuals are not held in hold rooms for more than 12 hours. D IZ! D Male and females are segregated from each other. OCPC does not house female D D ~ detainees. Detainees under the age of 18 are not held with adult detainees. Detainees under the age of 18 D ~ 0 are not housed at OCPC. Detainees are provided with basic personal hygiene items such as water, soap, toilet paper, cups for water, feminine hygiene items, diapers and 181 D D wipes. In older facilities, officers are within visual or audible range to allow IZI D D detainees access to toilet facilities on a regular basis. All detainees are given a pat down search for weapons. or contraband D IZI D before being placed in the room. Officers closely supervise the detention hold rooms using direct The checks are documented on supervision (Irregular visual monitoring.). the individual Holding Cell IZ! D D • Hold rooms are irregularly monitored every 15 minutes. Logs. • Unusual behavior or comJ?laints are noted. When the last detainee has been removed from the hold room, it is given ~ D D a thorough inspection. There is a written evacuation plan that includes a designated officer to The booking staff is responsible remove detainees from hold rooms in case of :fire and/or building for removing detainees from the IZI D D holding cells in case of fire or evacuation. building evacuation. An appropriate emergency service is called immediately upon a American Medical Response D D Ambulance IZ! deteiminationthat a medical emergency may exist. Services is notified. IZI ACCEPTABLE DDEFICIENT D AT-RISK D REPEAT FINDING IaMARKS: The facility has a direct line to American Medical Response Ambulance Services, which they use whenever it is determined that a medical emergency exists. 56,570 /3-5-09' J~ AUDITOR'S SIGNATURE /DATE FOR OFFICIAL USE ONLY (LAWENFORCEMENT SENSITIVE) G-324Apetention Inspection Form Worksheet for IGSAs • Rev: 07109107 Page 51 of74 KEY LOCK CONTROL. (SECURITY, ACCOUNTABILITY AND MAINTENANCE) . POLICY IT IS THE POLiCYOF THE ICE SERVICE TO MAINTAIN ANBmCIENT SYSTEM FORTHBUSE,ACCOuNrABlUTY AND MAlNTENANCEOFALL The security officer[s], or equivalent in IGSAs, has attended an approved locksmith training program. officer, or equivalent IGSAs, has responsibly for all duties and locks etc. The security officer, or equivalent in IGSAs, provides training to 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 FacilitY policies and procedures address the issue of compromised keys and locks. The security officer, or equivalent in IGSAs, develops policy and procedures to ensure safe combinations integrity. Only dead holt or dead·lock functions are used in de~inee accessible The security officer has not D !ZI 0 IZI D '0 IZI D 0 IZI 0 0 181 0 D 181 0 0 I8J 0 0 181 0 D 181 0 0 All worn or discarded keys and locks are cut up and properly disposed of. 181 D 0 I8J 0 0 I8J 0 0 181 D 0 181 0 0 I8J D 0 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, confonn to: • Occupational Safety and Environmental Health Manual, Ch. 3; Code 101. • National Fire Protection Association Life keyboard is sufficient to accommodate all the facility key and is located in a secure Procedures are in place to ensure that key rings are: • Identifiable; • The numbers of keys are cited; and cannot be • Emergency keys are available for all areas of the facility. attended an approved locksmith All worn or discarded keys and locks that are disposed of are documented on a KeylLock Destruction The review team did not observe any padlocks or chains being utilized cell doors. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IOSAs - Rev: 07/09/07 Page 52 of74 . ..... KEY LOCK . (SECURITY, ACCOuNTABILITY AND MAINTENANCE) . - " POLICY IT IS THEPOtrCYOF THE ICE SERVICE 19 MAlNTAIN AN EFFICIENT SYSTEM FOR THE USE, ACCOUNl'ABn.ny ANn MAINTENANCE OF ALL Individual gun lockers are provided. • They are located in an area that permits constant officer observation. • In an area that does not allow 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. IZI ACCEPTABLE DDEFICIENT D o o o o o AT-RISK o Policy 2.4.1, Key and Lock Control, effective 06-01-08, page 6 of7, paragraph Q 8-10, addresses this component. D REPEAT FINDING REMARKS: The security officer is scheduled to attend an approved locksmith training program April 2009. ~j AUDITOR'S SIGNATURE I DATED FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Fonn Worksheet for IGSAs - Rev: 07/09/07 PageS30f74 POPULATION COUNTS PQLICY: ALL DmNTION FACILITIES SHALL ENSURE,AROUND-THB-CwcK ACCOUNTABILrrY FOR ALL DETAINEES. Tins REQunuisTHATnn3Y CONDuct, AT LEAST ONE FORMAL COUNT OF TIm DETAINEE POPULATION PER SHIFT, WITH ADDITIONAL FORMAL AND INFORMAL COUNTS CONDUCTED AS NE~ARY. " Y COMPONENTS N NA Staff conduct a fonnal count at least once each shift. 181 0 0 Activities cease or are strictly controlled while a fonnal count is being conducted. Certain operations cease during formal counts. All movement ceases for the duration of a formal count. Fonnal counts in all units take place simultaneously. Detainee participation in counts is prohibited. A face-to-photo count follows each unsuccessful recount. Officers positively identity each detainee before counting himlher as m-eseilt. Written procedures cover infonnal and emergency counts. • They are followed during infonnal counts and emergencies. 181 IZI 181 0 0 0 0 0 0 D 0 0 0 0 0 0 0 The control officer (or other designated position) maintains an out count record of all detainees temporarily leaving the facility. This training is documented in each officer's training folder. o ~ ACCEPTABLE DEFICIENT '0 IZI 181 IZJ 181 ' REMARKs' The facility conducts 7, fonnal counts within a 24-hour period. Policy 2.1.9, Detainee -Counts, effective 06-01-08, page 2, paragraph A-4, addresses this component. The Count Room staff are responsible for maintaining an out-count record of all detainees temporarily leaving the facility. IZJ D 0 IZI D D IZJ 0 0 D REPEAT FINDING AT-RIsK REMARKS: review team nh~'"....""" deulinees by tapping on the doors ~jl& AUDITOR'SSIGNATURE/DATEO' FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) O·324A Detention Inspection Fonn Worksheet for I08As • Rev: 07/09/07 Page 54 of 74 POST . . ORDERS' . . . . . POLICY: ICE PROVIDES OFFICERs ALL NECES~ARY GUIDANCE FOR CMRYlNGOUTTHEIRDirrms.'Dns GUIDANCE INCLUDES THEPOSTORDERS EsTABliSHED FOREVERY PoST, WHICHAIu! REVIEWED ATl,BAST ANNUALLY, AND GIVEN TO.EACH OFFICER DPONASSIGNMENTTO tHAT POST. .. COMPONENTS Y NA .N RE~ Every fixed post has a set of post orders. Each set contains the latest inserts (emergency memoranda, etc.) and revisions. One individual or department is responsible for keeping all post-orders current with revisions that take place between reviews. The IGSA maintains a complete set (central file) of post orders. The central file is accessible to all staff. The OlC or Contract / IGSA equivalent initiates/authorizes all post-order changes. The OlC or Contract/ IGSA equivalent has signed and dated the last page of every section. A review/updating/reissuing of post orders occurs regularly and at a minimum, annually. Procedures keep post orders and logbooks secure from detainees at all . times. Every armed-post officer qualifies with the post weapon(s) before assuming post duty. Armed-post post orders provide instructions for escape attempts. The post orders for housing units track the event schedule. Housing-unit post officers record all detainee activity in a log. The post order includes instructions on maintaining the logbook. .1:8:1 ACCEPTABLE DDEFICIENT D ~ 0 0 ~ 0 0 IZI 0 0 .IZI IZI ~ 0 0 0 0 0 0 0 IZI 0 IZI 0 0 ~ 0 0 ~ 0 0 ~ 0 D IZI IZI 0 0 [J 0 AT-RISK o otero County Processing Center Policy and Procedure 2.1.3, Post Orders, effective 08-08-08, addresses this component The Chief of Security is responsible for keeping the post orders current and for reviewing them~uarterly. The warden signs and dates the fIrSt page of the post orders. The three armed post (Transportation, Perimeter, and Hospital) all provided guidelines for escape attem~ts. REPEAT FINDING REMARKS: The post orders are reviewed by the Chief of Security quarterly and the Senior Warden reviews them annUally. ~) AUDITOR'S SIGNATURE I DATb • FOR OFFICIAL USE ONLY (LAVI ENFORCEMENT SENSITIVE) G·324A Detention Inspection Fonn Worksheet for I08As • Rev: 07/09/07 Page 55 of74 POLlCY: .POST ASSIGNMBNl.'S IN THE FACILITY'S HIGH~~K AREAS, WHERE SPECw., SECURITY PROCEDURES MUST BE FOLLOwED,.WIIL BE .,,,,'rDrrv;.nnTO OPERATIONS. The facility has a comprehensive security inspection policy. The policy specifies: • Posts to be inspected; • Required inspection fonns; • Freq\lency of inspections; • Guidelines for checking security features; and • Procedures for reporting weak spots, inconsistencies, and other o o Otero County Processing Center Policy and procedures 2.1.5, Patrols and Inspecti6ns, effective 02-11-09, address the areas to be inspected and the frequency of the inspections. Every officer is required to conduct a security check ofhislher assigned area The results are documented. o o The daily checks are documented in the daily housing ~ 0 0 (gI 0 0 (gI 0 0 (gI 0 0 (gI 0 0 Vehicular traffic entering and exiting the facility is monitored the Control. 0 The Rear Gate Officer maintains and completes a Back Gate Entry Log. This contains a1l9f the required information for this component. Policy 2.3.1, Control of Con~band, effective 01-12-09, addresses this Procedures ensure that recurring problems and a failure to take corrective to the action are The front-entrance officer checks the ill of everyone entering or exiting the facility. All visits are officially recorded in a visitor logbook or electronically recorded. The facility has a secure visitor pass system. Officers monitor all vehicular traffic entering and leaving the facility. The facility maintains a log of all incoming and departing vehicles to sensitive areas of the facility. Each entry contains: • The driver's name; • Company represented; • Vehicle contents; • Delivery date and time; • Date and time out; • Vehicle license number; and Name of Written procedures govern searches of detainee housing units and (gI 0 ~ 0 0 ~ 0 0 0 ~ 0 181 0 0 a FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Fonn Worksheet for IGSAs - Rev: 07/09107 Page 56 of74 SECURITV INSPECTIONS PQLICY: POST ASSIGNMENTS IN THE FACILl'l'YS Hi:GH~RisK WHERE SPECIAL SECURITY PROCEDliRESMUST BE FOLLOwED, WILL BE . RESTRIctED To EXPERIENCED PER80NNELwrtH A THOROUGH GROUNDING IN FACILITY OPERATIONs. .. AREAS, COMPONENTS Every search of the SMU and other housing units is docUmented. Storage and supply rooms, walls, light and plumbing fixtures, accesses, and drains, etc., undergo frequent, irregular searches. These searches are documented. Walls, fences, and exits, including exterior windows, are inspected for defects once each shift. Daily procedures include: • Perimeter alarm system tests; • Physical checks of the perimeter fence; and • Docuinenting the results. Visitation areas receive frequent, irregular ins~ections. IZI ACCEPTABLE DDEFICIENT VES No IZI 0 181 D 0 181 0 D IZI D D 181 D 0 OAT-RISK ...REMARJ<s. NA [] o The checks are documented on the Daily Shift Activity Log. REPEAT FINDING RF;MARKS: FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Fonn Worksheet for IGSAs - R~v: 07/09107 Page 57 of 74 SPECIAL MANAGEMENT UNIT (SMu) ADMlNIS~TIVE SEGREGATION POLICY: THE SPECrALMANAGEMENT UNIT.REQUIRED IN EVERY FACILI'rY ISOLATES CERTAIN DETAINEES FROM THE GENERJ\LPOPuLATION. TI-IE SPECIAL MANAGEMENT UN!J'WILLCONSISTOF TWO SECTlQNS; ONE, ADMINIsTRATIVE SEGREGATION, HOUSES PETAlNEES ISOLATED FOR THEIR owN PROTECTION; THE.OTHER FOR DETAINEES BEING DISCIPLINEi> FOR wRONGDOING (SEE THE "SPECIAL MANAGEMENT UNIT' [DISCiPL~ARY SEGREGATION]" STANDARD).' .. . . .. y : COMPONENTs N NA .·REMARKs. The Administrative Segregation unit provides no punitive protection from the general population and individuals undergoing' disciplinary segregation. 0 ~ 0 • Detainees are placed in the SMU (administrative) in accordance with written criteria. In exigent circumstances, staff may place a detainee in the SMU (administrative) before a written order has been approved. 181 0 0 A copy of the order given to the detainee within 24 hours. • The OIC (or equivalent) regularly reviews the status of detainees in The Chief of Security is administrative detention. responsible for conducting a review to detennine whether A supervisory officer conducts a review within 72 hours of the 0 ~ 0 continued placement in detainee's placement in the SMU (administrative). administrative segregation is still warranted. A supervisory officer conducts another review after the detainee has spent seven days in administrative segregation, and: Every week thereafter for the fIrst month; and 0 0 181 • Every 30 days after the first month. • Does each review include an interview with the detainee? • Is a written record made of the decision and the justification? The detainee is given a copy of the decision and jUstification for each review. ~ 0 0 • The detainee is given an opportunity to appeal the reviewer's decision to someone else in the facility. The OlC (or equivalent) routinely notifies the Field Office Director (or The COTR is notified when a staff officer in charge of IGSAs) any time a detainee's stay in detainee has been in administrative detention exceeds 30 days. administrative detention for 30 ~ 0 tJ days, or if a detainee is held in Upon notification that the detainee's administrative segregation • has exceeded 60 days, the FD forwards written notice to HQ administrative segregation for 60 days. Field O~erations Branch Chief for ORO. The OIC or equivalent) reviews the case of every detainee who objects to administrative segregation after 30 days in the SMU. ~ 0 tJ A written record is made of the decision and the justification. • The detainee receives a copy of this record. The detainee is giv~n the right to appeal to the OlC (or equivalent) the Otero County Processing Center conclusions and recommendations of any review conducted after the Policy and Procedure 2.1.15, detainee have remained in administrative segregation for seven Special Housing Unit, effective 0 181 0 02-11-09, page 4 of 12, consecutive days. paragraph h, addresses this component. Administratively segregated detainees enjoy the same general privileges 0 ~ 0 as detainees in the general population. • • • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 0-324A Detention Inspection Fonn Worksheet for 10SAs - Rev: 07/09/07 Page 58 of 74 SPECIAL MANAGEMENT UNIT (SMU) ADMINISTRATIVE SEGREGATION POLIcY: THE SPECIAL MANAGEMENTUNIT REQUIRED IN EVERYFACILlTY ISOLATES CERTAIN DEtAINEEs FROM THE GENERALPOPUiATION. THE SPECW. MANAGEMENT UNIJ' wn..LCONS~STOF TWO SECTIONS. ONE, ADMINISTRATIVE SEGMoA110N, HOl1SESPETAlNEEsISOLATEn FOR THEIR: OwN PROTECTION; THE· OTHER· FOR DETAINEES BEING DISCIPLINED FOR WRONGDOING (SEETHE "SPECIAL MANAGEMENT UNIT [DISCIPLINARy SEGREGATION]" STANDARD). . .... .. .. ... . COMPONENTs .. y. NA N REMARKs The SMUis: • Well ventilated; 0 ~ D • Adequately lighted; Appropriately heated; and • • Maintained in a sanitary condition. AIl cells are equipped with beds. 0 ~ 0 • 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 ~ D 0 living standards decline? • Do criteria for Qbjectively assessing living standards exist? • If yes are the criteria included in the written procedures? The segregated detainees have the same opportunities to exchangellaunder clothing, bedding, and linen as detainees in the 0 ~ 0 general poj>ulation. Detainees receive three nutritious meals per day, from the general population's menu ofthe day. ~. 0 0 • Do detainees eat only with disposable utensils? • Is food ever used as punishment? Each detainee maintains a normal level of personal hygiene in the SMU. • The detainees have the opportunity to shower and shave at • 181 D D least three times a week. • Ifnot, explain. The detainees are provided: • Barbering services; • Recreation privileges in accordance with the "Detainee Recreation" standard; Barbering serVices are available . to detainees housed in • Non-legal reading material; 0 ~ 0 administrative segregation, upon • Religious material; request. The same correspondence privileges as detainees in the general population; • Telephone access similar to that ofthe general population; and • Personallegl!! material. A health care professional visits every detainee at" least three times a . A health care professional visits detainees housed in week. 0 181 D The shift supervisor visits each detainee daily. administrative segregation three • times per day. Weekends and holidays. • Procedures comply with the "Visitation" standard. 0 181 D • The detainee retains visiting privileges; and .The visiting room is available durin~ normal visitina hours. I] Visits from clergy are allowed. 0 IZl • • FOR OFFICIAL USE O~Y (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 Page 59 of74 -- SPECIAL MANAGEMENT UNIT (SMU) ADMINISTRA'nV!t- SEGREGATION -POLICY: 1HE SPECIAL MANAGEMENT UNIT REQUIRED IN EVERY FACILITY ISOLATES CERTAIN DETAINEES FROM THE OENERAL POPULATION. _THE SPECIAL MANAOEMENT UNJ.:f WILL CONSISTOJI TWO SECTIONS. ONE, ADMINISTRATIVE SEGREGATION, HOllSESDETAINEES ISOLATED FOR THEIR owN PROTECTION; rim OTHER FOR DETJ\lNEES BEING DISCIPLINED FOR WRONODOINO-(SEE THE "SPECIAL MANAOEMENT UNIT [DISCiPLINARY SEGREGATION]" STANDARD). -- -. Y COMPONENTs Detainees have the same law-library access as the general population. • Are they required to use the law library DSeparately, or DAs a group? • Are legal materials brougllt to them? The SMU maintains a PePll!UleQt log of detainee-related activity, e.g., meals served, recreation, visitors etc. NA Upon request, a detainee may have library materials brought to him or he may be escorted separately to the library. All detainee activities are documented on individual daily activity logs. D D IZl 0 0 0 0 0 0 All detainee activities are documented on the detainees' individual daily activity logs. 0 0 A new individual detainee daily activity log is created daily. SPC procedures include completing the SMU Housing Record (1-888) upon a detainee's placement in the SMV .. ~ Staff completes the form at the end of each shift. • • CDFs and IGSA facilities use Fonn 1-888 (orloc~ equivalent). Staffrecord whether the detainee ate, showered, exercised, and took any _ applicable medication during every shift. • Staff logs record all pertinent infonnation, e.g., a medical condition, suicidaVassaultive behavior, etc; IZl _ The medical officerlhealth. care professional signs each • individual's record during eaCh visit; and • The housing officer initials the record when all detainee services are completed or at the end of the shift. A new record is created for each week the detainee is in Administrative Segregation. • The weekly records are retained in the SMU until the ~ detainee's return to the~g5IDeral population. DDEFICIENT : ~ immedi~tely IZI ACCEPTABLE N_ .. --REMARKS_. D AT-RISK o REPEAT FINDING REMARKS: Detainees housed in administrative segregation receive the same general privileges as detainees in general population, unless prohibited by sanctions. IDA~ FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 0-324A Detention Inspection Form Worksheet for IG8As - Rev: 07/09/07 Page 60 of 74 SPECIAL MANAGEMENT UNIT .. . 'DISCIPLINARY SEGREGATION .POLICY: EACH Fi\.CILITY WILL ESTABLisH A SPECIAL Mt.\NAGEMENT UNIT IN WHICH TO ISOLATE CERTAIN DETAINEES FitOM THE GENERAL POPULATIO~. THE SPECIAL MANAG~NT UNIT WIlL HAVB" TWOSECrIONS, ONE FOR DETAINEES IN AoMINISTRATIVESEGREGATION;THE . orimR FOR: DETAINEES BEING SEGREGATED FOR DISCIPLINARY REASONS. . . . y . REMARKS' .. COMPONENTS N NA Officers placing detainees in disciplinary segregation follow written procedures. . The sanctions for violations committed during one incident are limited to 60 days. 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. Standard procedures include reviewing the cases of individual detainees housed in disciplinary detention at set intervals. • After each fonnal review, the detainee receives a written copy of the decision and supQ.orting reasons. The conditions of confInement in the SMU are proportional to the amount of control necessary to protect detainees and staff. Detainees in disciplinary segregation have fewer privileges than those housed in administrative segregation. Living conditions in disciplinary SMUs remain the same regardless of behavior. . If no, does staff prepare written documentation for this action? • • Does the Ole sign to indicate approval. Every detainee in disciplinary segregation receives the same humane treatment, regardless of offense. The quarters used for segregation are: • Well"ventilated. • Adequately lighted. • Appropriately heated. • Maintained in a sanitary condition. All cells are equipped with beds 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 Ole approve excess occu~on a temporary basis? When a detainee is segregated without clothing, mattress, blanket, or pillow (in a dry cell setting), a justification is made and the decision is reviewed each shift. Items are returned as soon: as it is safe. Detainees in the SMU have the same opportunities to exchange clothing, bedding; etc., &S other detainees. Detainees in the SMU receive three nutritious meals per day, selected from the Food Service's menu of the day. • Food is not used as punishment. Detainees are allowed to maintain a normal level of personal hygiene, including the opportunityJo shower and shave at least three times/week. 181 0 D 181 D D 181 D D 181 0 D 181 D 0 181 D D 181 D D 181 D D 181 0 D IZJ D D 181 D D IZJ D D IZJ D D IZJ D D !81 D D Local policy 2.1.15, Special Housing Unit, effective 02" II" 09, page 7 of 12, paragraph B 1, addressed this component. Detainees housed in disciplinary segregation are reviewed every 7 days for the fIrst 60 days and then every 30 days thereafter. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITNE) G-324A Detention Inspection Form Worksheet for IOSAs - Rev: 07/09107 Page 61 of74 .. SPECIAL. MANAGEMENT UNIT DISCIPLiNARY ~EGREGATION POLiCY: .EACHFACiLlTY WILL EStABLISH ASPECIAL MANAGEMENT UNIT IN .WHICH TO ISOLATE CERTAIN DEtAINEES FROM THE GENERAL· POPUU:TION" THE SPECIAL MANAGEMENT UNIT WRr. HAVB .TWOSEtnONS,ONE FOR DETAINEES IN ADMOOSTRATIVE SEGREGATION; THE· OTHER FOR DETAINEES BEiNO SEGREGATED FoR DISCIPLINARY REASONS. COMPONENTS Detainees receive, unless documented as a threat to security: • Barbering services; • Recreation privileges; • Other-than legal reading material; • Religious material; • The same correspondence privileges as other detainees; and • Personalle~ 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 detennined by the OICIWardtm). health care professional visits every detainee in disciplinary A 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 ofvisitinglnot 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 case-bycase basis. 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. 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 Fonn. • 1-888 (or equivalent local fonn). . Y N NA 181 0 0 ~ 0 0 181 0 0 ~. 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ···REMARKS· A health care professional visits detainees housed in disciplinary segregation three times per day. All detainees' related activities are documented on the . detainee's individual daily activity log. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Fonn Worksheet for IGSAs - Rev: 07/09107 Page 62 of74 SPECIAL MANAGEMENT UNiT DISCIPLINARY SEGREGATION POLICY: EACH FACliITY WILL, EStABLIsH A SPECIAL MANAGBMENTUNrr IN WinCH TO ISOLATE CERTAIN ))ETAINEES FROMmE GENERAL POPuLATION; THE SPECIAI:.MANAGEMENT UNIT wnLHAVE TWO SECTIONS, ONE FOR DETAINEES IN ADMINISTRATIVE SEGREGATION; THE ornER FOltDETAINEES BEING SEGREGATED FOR OISCIPUNARY REASONS. ' , ,y 'REMARKS' COMPONENTS N NA 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. All detainee activities are The health care official sign individual records after each visit. documented on the detainees' 0 0 • The housing officer initials the record when all detainee ~ individual daily activity logs: 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. • '. ~ ACCEPTABLE DDEFICIENT D AT-RISK D REPEAT FINDING REMARKS: A new record is, created daily for each detainee housed in the Special Management Unit. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 Page 63 of74 TOOL CONTROL POLICY: IT IS niEPOLICY OF ALLFACIUfrns nlATALLEMPLOYEESSHALLBE :RESPONSffiLBFOR COMPLYING wmiTlnrrOOLCONTROLPOUCv. THE MAINTENANCE SUPERVIsOR SHALL MAINTAIN ACOMPUfER GENERATED OR TYPEwiurfEN' MAsTER. INVENTORY LIST OF TOOLS ANn EQUIPMENT AND THE LOCATION IN WmCHTOOLS ARE STORED. 1)msEJlIIVENTOIUESSHALL;8ECURRENT,FILEDANDREADILYAVAlLABLEFOR TOOL INVENTORY AND ACCOuNTABILiTY miRING AN AUDIT; . COMPoNENts. .. y N NA There is an individual who is responsible for developing a tool control procedure and an inspection system to insure accountability. IZI D 0 IZI D D IZI D D IZI D D IZI 0 D 181 0 D 181 D D ~ 0 D 181 0 0 ~ 0 0 181 D 0 IZI 0 0 Department heads are responsible for implementing this standard in their departments. Tool inventories are required for the: • Maintenance Department; Medial Department; • Food Service Department; • Electronics Shop; • Recreation Department; and Armory. The facility has a policy for the regular inventory of all tools. • The policy sets minimum time lines for physical inventory and all necessary documentation. ICE facilities use AMIS bar code labels when required. The f~ility has a tool classification system. Tools are classified according to: • Restricted (dangerous/hazardous); and • Non-Restricted (non-hazardous). Department heads are responsible for implementing tool-control procedures. The facility has policies and procedures in place to ensure that all tools are marked and readilyidentifmble. The facility has an approved tool storage system. The system ensures that all stored tools are accountable . • Commonly used tools (tools that can be mounted) are stored in such a way that missing tool is readily notice. Each facility has procediJres for the issuance of tools to staff and detainees. • REMARKs .. .. The Chief of Security is the individual responsible for the development of a tool control procedure and inspection system. Local policy 2.4.2, Tool Control, effective 06-01-08, page 2 of 12, paragraph C-l, addresses this component. • Local policy (above) addresses this component. • • The facility has policies and procedures to address the issue oflost tools. The policy and procedures include: • Verbal and written notification; • Procedures for detainee access; and • Necessary documentation/review for all incidents of lost tools. 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 ~ admittance into or departure from the facility. Staff signs out/in tools on a sign out sheet. Detainees are not authorized to handle tools. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Fonn Worksheet for IGSAs - Rev: 07/09/07 Page 64 of 74 ... TOOL CONTROL' .. . '. POLICY: IT IS THE POLICY OF ALL FACD..lTIES TIlAT ALLEMPLOYEESSHALLBERssPQNSmLEFORCOMPLYlNG wminml00LCONT.ROL.POLICY. nmMAINniNANcE SUPERvisoR SHALL MAwrAIN A COMPUTER GENERATED'ORTYPEWRITfEN'MAsmR INVENTORY LIST OF TOOLS AND EQUIPMENT ANP THE LOCATION IN"WInCH TOQLS ARESTOlij3D. THESE INVENTORlESSHALL BE CURRENT,FILEDAND READILY AVA1LABLEFOR TOOL INVENTORY AND ACCOUNrABILrIY DURING AN AUDIT. COMPONENTs N I NA I REMARKs I y , ~ ACCEPTABLE D DEFICIENT. D AT-RISK o REPEAT FINDING REMARKS: The tool room is outside of the secure confines of the facility; however, the Tool Control Policy 2.4.2 addresses all of the I;omponents of this required ICE standard. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITNE) G-324A Detention Inspection Form Worksheet for 1GSAs - Rev: 07/09/07 Page 6S of74 . TRANSPORTATION LAND TRANSPORTATION . POLICY: THElMMIGRATION AND NATURALIZATION $ERVICEWlLL TAKE ALL NECESSARY PltECAUTIONSTOPROTECTnm LIVES, SAFETY, AND . WELFARE OF OUR OFFICERS, THE GENERAL PUBLIC, ANi> rnOSEIN ICE CUSTQDYDtlRINOTIIETRANSPORTATION OF DETAINEES.. STANDARDS HAVE BEEN ESTABLISHED FOR PROFESSIONAL TRANSPORTATION UNDER THE SUPERVISION.OF EXPERIENCED AND TIwNEn DETENTION ENFORCEMENT OFFICERs ORAlITHORIZED OONTRAcTPERSONNEL. . .. : ·0 STANDARD NA: CHECK THIS BOX IF ALLICR TRANSPORTATIONISJMNDLEDONLY BY THE ICEFIELD OFFICE ORSUB~OFFICEIN CONTROL 0, DiE DETAINEE CASE.. ·COMPONENTS .. Transporting officers comply with applicable local, state, and federal motor vehicle laws and regulations. Records support this fmding of compliance. Every transporting officer required to drive a commercial size bus has a valid Commercial Driver's License (CDL) issued by the state of employment. YES.· No NA 181 0 0 181 0 0 Supervisors maintain records for each vehicle operator. Officers use a checklist during every vehicle inspection. • Officers report deficiencies affecting operability; and • Deficiencies are corrected before the vehicle goes back into . service. Transporting officers: • Limit driving time to 10 hours in any 15 hour period; • Drive only after eight consecutive off-duty hours; •• Do not receive transportation assignments after having been on . duty, in any capacity, for 15 hours; • Drive a 50-hour maximum in a given work week; a 70-hour maximum during eight consecutive days; • During emergency conditions (including bad weather), officers may drive as long as necessary and safe to reach a safe area-exceeding the 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 unaccompanied driver may transport an empty vehicle. Before the start of each detail, the vehicle is thoroughly searched. Positive identification of all detainees being transported is confirmed. 181 0 [] 181 D 0 ~ 0 0 181 0 0 181 0 0 181 0 0 staff controlling the bus or vehicle. ~ D· .0 The facility ensures. that the number of detainees transported does not· exceed the vehicles manufactUrer's occupancy level. Protective vests are provided"to all transporting officers. 181 0 181 [] 0 0 All detainees are searched immediately prior to boarding the vehicle by .REMARKS The Transportation Department has a total of 56 staff assigned; 51 have a current CDL, and the remaining 5 are in training pending the issuance of their CDL. Detainees being transported are positively identified by OCPC staff and then by ICE prior to d~artin~the facility. The review team observed staff performing pat searches on detainees prior to the detainees boardiIig the bus~ FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) . G-324A Detention Inspection Form Worksheet for 100As - Rev: 07/09/07 Page 66 of74 .. TRANSPORTATION " LAND TRANSPoRTATION·· POLICY: THE IMMIORATIONAND NATURALIZATION SERVICE WILL tAKE ALL NECESSARY PRECAutIONSTOPROTECT'THEUVES, SAFETY,AND viEiFAREO~ OUR OFFICERS, THE GENERAL PUBLIC; ANDrnOSE INICE CUSTODY DlJruNGTHETRANSPORTATiON OFDETAlNEES; STANI>ARDS HAVB BEEN ESTABUSHED FOR PROFESSiONAL TRANSPORTATION UNDER THE SUPERVISION OF EXPERIENCED AND TRAINEDDIrimmoN ENFORCEMENT OFFICERS OR AurnoiuzEo CONTRAct PERsoNNEL. . cimCt< .DSTANJ>AIIDNA: THIS BoxiF ALLICE'fRANSPORTATION ISHAM>LEDONLY BYTHi: ICE FIELD OmcE OR Su&-OFFICE IN .CONTROL OF mE DETAINEE CASE. COMPONENTS .. 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 restrainirig equipment on transportation vehicles. Officers ensure that no one contacts the detainees. • One officer remains in the vehicle at all times when detainees are present. Meals are provided during long distance transfers. • The meals meet the minimum dietary standards, as identified by dieticians utilized by ICE. The vehicle crew inspects all Food Service pickups before accepting delivery (food wrapping, portions, quality, quantity, thermos-transport containers, etc.). • Before accepting the meals, the vehicle crew raises and resolvC$ questions, concerns, or discrepancies with the Food Service representative; Basins, latrines, and drinking-water containers/dispensers are • cleaned and sanitized on a fixed schedule. Vehicles have: • Two-way radios; • Cellular telephones; and Equipment boxes stocked in accordance with the Use of Force .. YES .. No ·NA 181 D 0 181 0 0 181 0 0 181 0 0 181 0 0 181 0 0 IZI 0 0 181 0 0 . REMARKS . Standard The vehicles are clean and sanitary at all times. Personal property of a detainee transferring to another facility is: • Inventoried; • Inspected; and • Accom~anies the detainee. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs • Rev: 07/09/07 Page 67 of74 TRANSPORTATION LAND TRANSPORTATION .. POUCY: THE IMMIGRATION ANDNATtJRALIZATION SERVICEWll.L TAKE ALL NECESSARY PRECAutIONS TOPRoTEcrnmLIVEs, SAFETY,AND WELFAREOFOUROFFICERS,mEGENERAL:PtmLiC;ANDTHOSEINICECUSTODYDURINGTHETRANSPORTATIONOFDETAINEES. STANDARDS . . . . . . . . . . HAVE BEEN ESTABiJSHED FOR PROFESSIONAL TRANSPORTATION UNDER TIlE SUPERVISION OF EXPERIENCED AND TRAINED DETENTION ENFORCEMENT OFFICERs ORAtiTHORIZED CONTRAct PERSONNEL•. . ' o STANDARDNA:' CHECK TmsBOX iFAU,ICE TRANSPORTAriONISHANDLEDONLY Bym ICE FlEw OFFICE OR SUB-oFFICEIN . CONmOLOF TBE DET~E CASE. . YES No .. NJ\. REMARKS . COMPONENTs The following contingencies are'included in the written procedures for . vehicle crews: • Attack • Escape • Hostage-taking • Detainee sickness • Detainee death • Vehicle fire • Riot • Traffic accident • Mechanical problems .Natufal disasters .' Severe weather • Passenger list includes women or minors !Zl ACCEPTABLE D DEFICIENT D o AT-RISK o Policy 1.2.2, Detainee Transportation, effective 09-08· 08, pages 6 & 70f 8, paragraphs I·T, addresses all of the elements of this component. D REPEAT FINDING REMARKS: m:_= OOW}Wm. Inspection of vehicles B 3, 6, 7, 17 and T I & 2 revealed the sanitation was good, each vehicle has post orders, and all of the buses _ . ~pp.d 56,b7e , I I •• , ATURE/DA~~ , FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Fonn Worksheet for IGSAs - Rev: 07/09/07 Page 68 of74 USEOFFORCE· . . . . . POLICY: THEU.S.·DEPARTMENT OF HOMELANDSECURl'iYAlJTi.IORIZES THE USE OF FORCE ONLY AS ALAST ALTERNATIVE AFfERALLOlHER REAsONABLE 'EFFoRTS TO RESOLVE A SrrtJATION HAVE FAiLED. ONLYTHAT.AMOtlN'r OF. FORCE NECEsSARY. TO GAlN CONTROL OF Tim . DETAINEE;ro PROnlCT ENSURE THE SAl"ETY OF DET.NNEES, STAFF AND OTHERS, rOPREVENfSERIOU8 PROPERTY DAMAGE AND. TO ENSURE INSTITUTION SECURITY ANDooOD ORDER,MAYBE USED. PHYSiCALRilSTRAiNTs NECESSARY TO GAIN CON'I'R.oL OF A DETAINEE WHO ANn .APPEARS rO.BEDANGEROU8 MAY BE EMPLOYED WHEN· THE DETAINEE:.· .. COMPONENTS Written policy authorizes staff to respond in an inimediate-use-of-force situation without a supervisor's presence or direction. When the detainee is in an area that is or can be isolated (e.g., a locked cell. a range), posing no direct threat to the detainee or others, officers must try to resolve the situation without resorting to force. Written po Iicy asserts that calculated rather than immediate use offorce is feasible in most cases. The facility subscribes to the prescribed Confrontation Avoidance Procedures. • Ranking detention official, health professional, and others confer before every calculated use of force. When a detainee must be forcibly moved and/or restrained, and there is time for a calculated use of force, staff uses the Use-of-Force Team Technique. • Under staff supervision. Staff members are trained in the performance of the Use-of-Force Team Technique. .. AIl use-of-force incidents are documented and reviewed. Staff: • Do not use force as punishment; • Attempt to gain the detainee's voluntary cooperation before resorting to force; • Use only as much force as necessary to control the detainee; and Use restraints only when other non-confrontational means, • including verbal persuasion, have failed or are impractical. Medication may only be used for restraint purposes when authorized by the Medical Authority as medically necessary. Use-of-Force Team follows written procedures that attempt to prevent injury and exposure to communicable disease(s). .YEs' No NA IZI 0 0 IZI D D IZI D D IZI 0 0 I8l 0 D IZI 0 D I8l D 0 IZI 0 0 IZI D 0 IZI D D REMARKS Policy 2.2.1, Use of Force, effective 06-01-08, page 1, paragraph AI, addresses this component. Policy 2.2.1, Use of Force, effective 06-01-08, page 2 of 23, paragraph 3a, Confrontation .Avoidance, addresses this component. Staff receives training in the Use of Force Team Technique during pre-service and inservice training. Policy 2.2.1, Use of Force, effective 06-01-08, page 6 of 23, paragraph 8a, addresses this component FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IG8As -Rev: 07/09/07 Page 69 of74 USE OF FORCE .. POLICY: THE U.S.DEPARl'MENT OF HOMELAND SECURITY AUTHORIZES 'fHB USE 0:(1 FORCE ONLY ASALAST ALTERNATlVEAFTERALLOTIffiR REAsONABLE EFFORTS TO . RESOLVE VB.FAILED.. .oNLYi'HAT OF FORCE NECESSARY TO GAIN oomoLoF . .. ... . . . A SllUATIONIiA .. . . .AMOtlNT .. . ... . THE .DETAINaE,rOPROTECl' AND ·ENSURE THE SAFETY OF DETAINEES, STJu1p ~OTHERS; TO PREVENT SERIOUS PROJ>ERTY DAMAGE ANn TO ENSUREINSTITUTIONSECURlTY ANDGOODORoERMAYBEUSED. PHYSICALREsTRAINTSNECESSARYTOGAINCON'rROLOFADETAINEEWHO : APPEARs TO BE DANGEROUS MAY BE EMPLOYED \VHENTHE DETAINEE: ... REMARKs .. No COMPONENTS YES NA Standard procedures aSsociated with using four-point restraints include: • Soft restraints (e.g., vinyl); • Dressing the detainee appropriately for the temperature; • A bed, mattress, and blanket/sheet; Policy 2.2.1,Use of Force, • Checking the detainee at least every 15 minutes; effective 06-01-08, page 7 of Logging each check; ~ 0 0 23, paragraphl0a 1-10, • Turning the bed~restrained detainee often enough to prevent addresses this component. soreness or stiffness; • Medical evaluation of the restrained detainee twice per eight hour shift; and • When qualified medical staff is not immediately available, staff position the detainee "face-up". The shift supervisor monitors the detainee's position/conditiOli"every two hours. ~ 0 D He/she allows the detainee to use the rest room at these times under safeguards. All detainee checks are logged. ~ 0 0 In immediate-use-of-force situations, staffcontacts medical staffonce the 0 ~ 0 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. 0 0 Medical staff reviews the detainee's medical file before use • of a non-lethal weapon is authorized. Special precautions are taken when restraining pregnant detainees. The facility does not house ~ D D female detainees. Medical personnel are consulted • Protective gear is worn when restraining detainees with open cuts or 0 181 0 wounds. Staff documents every use of force and/or non-routine application of 0 181 0 restraints. It is standard practice to review any use of force and the non-routine 0 181 0 application of restraints. All officers receive training in self-defense, confrontation-'avoidance techniques and the use offorce to control detainees. IZI 0 0 Specialized training is given and Officers are certified in all devices they use. In SPCS, is the Use of Force form is used? In other facilities (IGSAs / IZI 0 0 CDFs) is this form. or its equivalent used? ' . - .. • • [gI ACCEPTABLE DDEFICIENT D AT-RISK D REPEAT FINDING FOR OFFICIAL USE ONLY(LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Fonn Worksheet for IGSAs - Rev: 07/09/07 Page 70 of74 REMARKS! The facility does not utilize Tasers. All use offorce incidents are reviewed by the Chief of Security, Deputy Warden, and Warden. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 Page 71 of74 .STAFFDE.TAINEE. COMMUNICATIONS POUcY:~ROcEDuREs MUSTBEINPLACBTOALLOWFORFORMALAND INFORMAL cONrACfBETWBBNKEY FACILITY STAFF AND iCE STAFF ANPICEDBT~BANDT6PERMlTDETAINEEStOM1\KB\\IRl1TENRBQUESTSTOICE.STAFl?ANnRBcinVBANANSWERINANActEPTABLBTIMB . FRAME. .. COMPONENTS The ICE Field Office Director ensures that weekly announced and unannounced visits occur at the IGSA. Detention and Deportation Staff conduct scheduled weekly visits with detainees held in the !GSA. Scheduled visits are posted in ICE detainee areas. Visiting .staff observe and note current climate and conditions of· confinement at each IGSA. ICE infonnation request Forms are available at the IGSA for use by ICE detainees. The !GSA treats detainee correspondence to ICE st(:lffas Special Correspondence. 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 staffregarding their case or conditions of confinement. o [gI ACCEPTABLE DEFICIENT Y N.· NA 181 0 0 181 181 181 0 0 0 0 0 0 181 D 0 181 181 0 0 0 181 0 0 D AT-RISK REMARKS [] D REPEAT FINDING REMARKS: The lEA handles operationaVdetention issues i.e. funds, property, minor complaints, law library while the Deportation Officer handles immigra.tion, stay or removal issues.. d inspects Medical, Food b2HI9h I Standard was reviewed with Operations Supervisor 915-892'" ~j)/V ~URE/DATE.j /I FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) <1-324A Detention Inspection Fonn Worksheet for IGSAs - Rev: 07/09/07 Page 72 of74 DETAINEE TRANSFER STANDARD POLIty: ICE WILLMAKE ALLNECESSARYNQTIFICATIONS WIIEN APETAINEE IS TRANSFERRED. IFADET~EIS BEING TRANSFERRED VIA THE. JUSTICE PRISONER ALIEN· TRANSPORTATION SYSTEM (JPATS); ICE WILL ADfIERE TO JPATS PROTOcoLS. IN I)ECIDINO· wimnmR to TRANSFER ADETAINEE, ICE. wllLTAKE INT()CONSIDERATION.WHBnmRrnE DETAINEE IS1.WPRESENTED BEFORE THEIMMIGRATIONCOuRT. IN· . . . . . . . . -. . .... . ." SUCH CASES; THE FIELD OFFICE DIRECTOR WILL CONSIDER TfIE DETAINEE'S STAGEWITHlNTIlEREMOVA!,PROCESS, WHETHER THE DETAINEE'S ATT0RJ.iEYISLOCATED wmiIN REASONABLE DRIVING DISTANCE OF THEFACJLITY, AND WHERE Tim IMMIGRATION COuRT PROCEEDINGS ARE . TAKING PLACE... COMPONENTS Y N NA REMARKS When a detainee inepresented by legal counselor a legal representative, The EARM (Enforced Alien and a G-28 has been filed, the representative of record is notified by the Removal Module) web system is detainee's Deportation Officer. currently used. The Otero 181 0 0 • The notification is recorded in the detainee's file; and County Processing Center is a • When the A File is not available, notification is noted within receiving and removal facility. DACS Notification includes the reason for the transfer and the location of the IZI 0 0 new facility. The deportation officer is allowed discretion regarding the timing of the ~ 0 0 notification when extenuating circumstances are involved. The attorney and detainee are notified that it is their responsibility to 0 0 A 3-minute phone call is given. 181 notifY family members regarding a transfer. Facility policy mandates that: • Times and transfer plans are never discussed with the detainee prior to transfer; . The Otero County Pr{)cessing . Center is a receiving and The detairiee is not notified of the transfer until immediately 0 D IZI • removal facility. 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 detainee is provided with a completed Detainee Transfer Notification IZI 0 0 Form. Form 0-391 or equivalent authorizing the removal of a detainee from a Forms 216 and 203 are required IZI ·0 0 prior facility is used. to any transport. For medical transfers: • The Detainee Immigration Health Service (or rGSA) (DIHS) Medical Director or designee approves the transfer; 0 0 • Medical transfers are coordinated through the local ICE office; 181 and • A medical transfer summary is completed and accompanies the detainee. Detainees in ICE facUities havirig DIHS staff and medical care are transferred with a completed transfer summary sheet in a sealed envelope Otero is a dedicated contract ~ 0 0 facility. with the detainee's name and A-number, and the envelope is marked Medical Confidential. For medical transfers, transporting officers receive instructions regarding 181 0 0 medical issues. Detainee's funds, valuables, and property are returned and transferred a transfer, a check is issued. 0 IZI 0 For wfththe detainee to his/her new location. For a removal, cash is given. Transfer and documentary procedures outlined in Section C and D· are 0 ~ 0 followed. Meals are provided when transfers occur during normally schedule meal IZI 0 0 times. An A File or work folder accompanies th~ detainee when transferred to a IZI 0 0 different field office or sub-office. - FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Fonn Worksheet for IOSAs -Rev: 07/09/07 Page 73 of74 -. ·DETAINEE TRANSFER STANDARD .. .- .. POLICY: ICE W1L~MAKE All. NECESSAR),NOTIFICATIONS WHEN ADETAINEEIS TRANSFERREp. IF ADETAINEBIS BEING TRANSFERRED VIATHE JUSTICE PrusONBR ALIEN TRANSPORTAnoN SYSTEM (JPATS), ICE WILL ADflERETO JPATS PROTOCOLS. IN DECIDING WliE11:IBR TO TRANSFER ADETAlNEE; ICE WILL TAKE INTO CONSIDERATION WHBTHERTHE DETAINEE IS REPRESENTEDBEFO~ THElMMIGRATIONCOURT. IN -SUCH CASES; THE FmLD QFFICE DIRECTOR WILL CONSIDER THE DETAINEE'S STAGE wirnINTHEREMOVALPRocESS, WHETHER THEDETAINEE'S ATIORNEY~·LOCAmD·WITHINREASONABLE·DRMNGDISTANCEOFTHEFACILITY,ANDWHERETimrMMrGRATIONCOuRTPROCEEDiNGSARE .. TAIQNQ PLACE. . .• COMPONENTS Y N NA Files are forwarded to the receiving office via overnight mail no later than one business day following the transfer. IZI 0 D IZI ACCEPTABLE DDEFICIENT D AT-RISK REMARKS D REPEAT FINDING REMARKS: Standard was reviewed ••a APOD, 915-72"-n Operations Supervisor ~15-892" The process for removal of2S detainees from the Otero County Processing Center was observed o~ 3-4-09. Acting Superviso~ ~SIEA was in charge of the process and interviewed. _J AUDITOR'S SIGNATuRE / DATE ~ FOR OFFICIAL USE ONLY (LAWENFORCEMENT SENSiTIVE) G-324A Detention Inspection Ponn Worksheet for rGSAs - Rev: 07/09/07 Page 74 of 74 DETENTION FACILlneS INSPECTION GROUP OTERO COUNTY PROCESSING CENTER JUNE 18..18, 2009 CLOSEOUT BRIEFING The following Issues were discussed with management staff at the Otero County Processing Center (OCPC) during a closeout briefing on Thursday, June 18, 2009. Detainee Cla8§ificatJon • Staff completing classlftcatlon has not received formal classification training. • Staff making classification determinations using only 1..213s Detainee Handbook • Disciplinary appeals procedure not contained in the detainee handbook. Food Service • Presence of house-flies in the kitchen area. • Rear delivery door of kitchen 18 In need of a barrier or controlled air curtain to prevent entry of Insects, pests, vermin etc. • Dietitian's license expired on March 31, 2009; however, certification of master menu is valid until August 2009. Key and Lock Control • • b2High Use ofEotce • • Several Use of Force incident raports were incomplete I.E. lacking signatures. VISitation • Detainees from the Special Housing Unit (SHU) are In restraints during visitation. • Visitation area does not have Fonn G·28, Notice of Appearance 88 Attorney or Representative form on hand for attorneys. 1 Otero County Processing Center: Closeout Area of Concern . • For approximately the past twelve months. ICE 8faff have been operating at OCPC without a secure T1 line enabling staff to accesa ICE networks. Ie.liolloWll1lG DII84:'"S were present during the exit DFIG Staff DFIGStaff ~-r~~ cOt».( fl)'I;) Print Plea88 nola. thl8 summary repreeentB 80me of the findinga requiring Immediate attention. A final report Is forthcoming. which will provide details on all DFIG flndingB. . 2