ICE Detention Standards Compliance Audit - Pomona City Jail, Pomona, CA, ICE, 2008
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Office ofDetention and Removal Operations U.S. Department of Homeland Security _____________ ----------------___ ----4£H-Street,NW --------0--- - - - - - Washington, DC 20536 u.s. Immigration and Customs Enforcement MAY 072008 ' M MEMORANDUM FOR: Brian M. DeMore Acting Field Office Director Los Angeles F Offic FROM: GaryE. Mead Acting Direct SUBJECT: Pomona City Jail Annual Review The annual detention review of the Pomona City Jail, Pomona, California, conducted on January 10-11, 2008, has been received. The Review Authority has assigned an interim rating of Deficient due to the use of Electro Muscular Disruption Devices (EMDDs) in this facility; otherwise a rating of "Acceptable" would have been assigned. The policy regarding the use of EMDDs is being reviewed and no Plan of Action is required at this time. No further action is required and this review is closed. The rating was based on the Reviewer-in-Charge (RIC) Summary Memorandum and supporting documentation. The Field Office Director must now initiate the following actions in accordance with the Detention Management Control Program (DMCP): 1) The Field Office Director, Detention and Removal Operations, shall notify the facility within five business days of receipt of this memorandum. Notification shall include copies of the Form G-324B, Detention Facility Review Form, the G-324B Worksheet, RIC Summary Memorandum, and a copy of this memorandum. 2) The next annual review will be scheduled on or before January 11, 2009. Should your staff have any questions regarding this matter, please have them contact b6, b7c , Deputy Assistant Director, Detention Management Division, at (202) 732 b2 high cc: Official File b2 high, (b)(6), (b)(7)(C) FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) www.ice.gov ----------,- MANAGEMENT REVIEW • • THE SIGNATURE BELOW CONSTITUTES REVIEW AND ACCEPTANCE OF THIS REPORT BY THE REVIEW AUTHORITY. FOD/OIC/CEO WILL HAVE THIRTY (30) CALENDAR DAYS FROM RECEIPT OF THIS REPORT TO RE HQDRO MANAGEMENT REVIEW: (print Name) G Signature E. Mead Title Date 7 Z008 Acting Director FINAL RATING: o SUPERIOR o GOOD o ACCEPTABLE IZI DEFICIENT OAT-RISK COMMENTS: The Review Authority has downgraded the recommended rating of "Acceptable" to "Deficient" due to the use ofTASERs. Although a Plan of Action is not required, the Field Office is requested to address the RIC Issues and Concerns identified in the following standards with the facility: Telephone Access Food Service Detainee Grievance Procedures Disciplinary Policy Key and Lock Control Entrance Procedures Staff Detainee Communications FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) ICE Detention Standards Compliance Review Pomona City Jail January 10-11, 2008 REPORT DATE - January 14, 2008 reative corrections Contract Number: ODT-6-D-0001 Order Number: HSCEOP-07-F-01016 Percy H. Pitzer, Executive Vice President Creative Corrections 6415Galder, Suite B Beaumont, TX 77706 b6, b7c , COTR U.S. Immigration and Customs Enforcement Detention Standards Compliance Unit 801 I Street NW Washington, DC 20536 FOR OFFICIAL USEONLY (LAW ENFORCEMENT SENSITIVE) --~ "f"c'fiit re iI-t Tv e-- -------- I' ';-'.-C 0 r r e c tiD n s ~ 6415 Calder, Suite B • Beaumont, Te-xas 77706 409.866.9920 • www.correctionalexperts.com Making a Difference! -January 14,2008 MEMORANDUM FOR: FROM: John P. Torres, Director Office of Detention and Removal b6, b7c Reviewer-In-Charge Creative Corrections SUBJECT: b6, b7c Pomona City Jail Annual Detention Review Creative Corrections conducted the Annual Detention Review (ADR) of the Pomona City Jail, located in Pomona, California, on January 10-11,2008. The facility has an Intergovernmental Service Agreement (IGSA) with Immigration Customs Enforcement (ICE) for housing adult male and female ICE detainees for less than 72 hours. As noted on the attached documents, the b6, b7c team of Subject Matter Experts (SME) included: Health Services; b6, b7c b6, b7c b6, b7c Safety; Food Service; and Security. A review closeout was conducted with Paul Alexander, Administrator. The deficiencies, concerns, and recommendations were discussed. Type of Review: This review is a scheduled Detention Standard Review to determine general compliance with established ICE National Detention Standards. Review Summary: The facility began operation in 1962 and has no State or National accreditation. Standards Compliance: The following information summarizes the standards reviewed and the overall compliance for this review. The statistical information outlined provides a direct comparison of the 2006 ADR and this ADR conducted for 2008. May 25, 2006, Review Compliant Deficient At-Risk Non-Applicable January 10 -11,2008; Review 26 Compliant Deficient At-Risk Non-Applicable o o 2 23 2 o 3 Food Service - Deficient Every facility will provide detainees nutritious and appetizing meals, prepared in accordance with the highest sanitary standards. • Staff supervising the Food Service Department have not received Food Service Training. • The Food Service Program does not address medical diets. • The standard operation procedures do not include weekly inspections of all Food Service areas, including dining and food preparation areas. • The food service equipment is not inspected daily. Recommendations • It is recommended that Food Service Department staff receive additional training in food service operations. • It is recommended that the Food Service Program include medical diets. • It is recommended that standard operation procedures be developed to include weekly inspections of the department, including dining and food preparation areas. • It is recommended that a daily inspection of all food service equipment is conducted and documented. Staff Detainee Communication - Deficient Procedures must be in place to allow for formal and informal contact between key facility/ICE staff and ICE detainees providing an avenue for detainees to make written requests to ICE staff and receive an answer in an acceptable time frame. • ICE Information Request Forms are not available for use by ICE detainees. 2 FOR OFFICIAL USE ONL Y (LAW ENFORCEMENT SENSITIVE) Recommendations .• It is recommended that ICE Infonnation Request Fonns be made available for use by ICE detainees. RIC Issues and Concerns Telephone Access • Staff should post a notification by the detainee telephones infonning detainees that calls may be monitored. • The OIG phone number for reporting abuse should be programmed into the detainee telephone system and checked regularly to ensure it is operating properly. Detainee Grievance Procedures • It is recommended that grievances be tracked to ensure staff identifies the classification or designation of the person submitting, i.e., ICE or Non-ICE detainee. Staff should track grievances that were decided in favor of a detainee. • It is recommended that a procedure be developed a~d implemented requiring staff to forward any grievance filed by a detainee concerning staff misconduct to the local ICE Field Office. Disciplinary Policy • It is recommended that the following be conspicuously posted, where the detainees are housed, in Spanish and English or other dominate language used in the facility: o Rights and Responsibilities o Prohibited Acts o Disciplinary Scale o Sanctions o Sexual Assault Awareness infonnation Key and Lock Control • It is recommended that policies and procedures address compromised keys and locks. 3 FOR OFFICIAL USE ONL Y (LAW ENFORCEMENT SENSITIVE) Entrance Procedures • It is recommended that the front entrance officer ensure the identity of everyone entering and exiting the facility. • Ensure all visitors sign the visitor logbook when entering and exiting the facility. Recommended Rating and Justification It is the Reviewer-in-Charge (RIC) recommendation that the facility receive a rating of "Acceptable." The Acceptable rating is based on the manner in which the Pomona City Jail staff carries out their daily mission, in a most professional manner, while meeting the needs of those housed in the facility. It is also recommended by the RIC that a Plan of Action be developed to identify and implement necessary corrective actions. The Pomona City Jail houses adult male/female inmates/detainees for ICE, the County of Los Angeles, and the City of Pomona. Although the jail is small, it is well equipped to function as an under 72-Hour ICE holding facility. The jail is very clean and staff are professional and display a positive commitment to excellence. During this review, a fire occurred in a clothes dryer (industrial type). Due of the thick acrid smoke, it was necessary to evacuate the facility. Jail staff acted quickly and professionally. Each inmate was restrained (no detainees were being housed at this time) and escorted to a predetermined staging area. The local fire department responded and the fire was extinguished. After the Fire Department deemed the facility safe, the inmates were returned to their assigned cells without incident. RIC Assurance Statement All findings of this review have been documented on the Detention Review Worksheet and are supported by the written documentation contained in the review file. 4 FOR OFFICIAL USE ONL Y (LAW ENFORCEMENT SENSITIVE) .>,,~ --- -tC.-~~ ~-~-~~li-o-n-' -- _ u n_ _ _ ----- DETENTION FACILITY INSPECTION FORM FACILITIES USED LESS THAN 72 HOURS A. o o [gI TYPE OF FACILITY REVIEWED ICE Service Processing Center ICE Contract Detention Facility ICE Intergovernmental Service Agreement G. ACCREDITATION CERTIFICATES 0 N/A List all State or National Accreditation[s] received: None B.CURRENTINSPECTION Type ofInspection Field Office IZI HQ Inspection Date[s] of Facility Review January 10 -1 11,2008 o C. PREVIOUS/MOST RECENT FACILITY REVIEW Date[s] of Last Facility Review May 25, 2006 Previous Rating Superior 0 Good 0 Acceptable [gI Deficient 0 At-Risk o D. NAME AND LOCATION OF FACILITY Name Pomona City Jail Address 490 West Mission Blvd City, State and Zip Code Pomona, California 91766-1608 County Los Angeles Name and Title of Chief Executive Officer (WardeniO IC/Superintendent) Jail Administrator b6, b7c Telephone Number (Include Area Code) (909) 620b6, b7c Field Office 1 Sub-Office (List Office with Oversight) Los Angeles Distance from Field Office 20 Miles E ICE INFORMATION Name of Inspector (Last Name, Title and Duty Station) b6, b7c Reviewer In Charge Name of Team Member 1 Title 1Duty Location Security b6, b7c Name of Team Member 1 Title 1 Duty Location b6, b7c Medical Name of Team Member 1 Title 1 Duty Location b6, b7c Environmental Health & Safety Name ofInspector (Last Name, Title and Duty Station) b6, b7c Food Service F. CDF/IGSA INFORMATION ONLY Contract Number Date of Contract or IGSA 12-02-0109 10/0112002 Basic Rates per Man-Day $75.00 I Other Charges: (If None, Indicate N/A) Emergency Medical Care Estimated Man-days per Year 3,700 H. PROBLEMS 1 COMPLAINTS (COPIES MUST BE ATTACHED) The Facility is under Court Order or Class Action Finding Court Order 0 Class Action Finding The Facility has Significant Litigation Pending Major Litigation 0 Life/Safety Issues IZI None o o I. FACILITY HISTORY Date Built 1962 Date Last Remodeled or Upgraded 1988 Date New Construction 1 Bed Space Added N/A Future Construction Planned DYes IZI No Date: Current Bed space Future Bed Space (# New Beds only) 53 Number: Date: J. TOTAL F ACILITY POPULATION Total Facility Intake for Previous 12 months 8,213 Total ICE Man Days for Previous 12 months 2,462 K. CLASSIFICATION LEVEL (ICE SPCs AND CDFs ONLY) L-l L-2 L-3 I AdultMale N/A I Adult Female N/A L FACILITY CAPACITY Operational Rated Emergency Adult Male 58 Adult Female 11 D Facility Holds Juveniles Offenders 16 and Older as Adults M AVERAGE DAILY POPULATION I AdultMale I Adult Female N. ICE 6 USMS Other 1 FACILITY STAFFING LEVEL Security: b2 high Support: Pomona Police Dept. rovides clericaIiildm. su ort. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/3/07) RIC REVIEW ASSURANCE STATEMENT By SIGNING BELow, THE REVIEWER-IN-CHARGE (RIC) CERTIFIES THAT: 1. ALL FINDINGS OF NON-COMPLIANCE WITH POLICY OR INADEQUATE CONTROLS, AND FINDINGS OF NOTEWORTHY ACCOMPLISHMENTS, CONTAINED IN THIS INSPECTION REpORT, ARE SUPPORTED BY EVIDENCE THAT IS SUFFICIENT AND RELIABLE; AND 2. WITHIN THE SCOPE OF THIS REVIEW, THE FACILITY IS OPERATING IN ACCORDANCE WITH APPLICABLE LAW AND POLICY, AND PROPERTY AND RESOURCES ARE BEING EFFICIENTLY UTILIZED AND ADEQUATELY SAFEGUARDED, EXCEPT FOR ANY DEFICIENCIES NOTED IN THE REPORT. b6, b7c b6, b7c Title & Duty Location Date Reviewer-IN -Charge January 11,2008 ·.·tEAM MEMBERS Print Name, Title, & Duty Location , Securi b6, b7c b6, b7c b6, b7c , Environmental Health & Safe RECOMMENDED RATING: , Medical Duty Location Print Name, Title, & Duty Location b6, b7c Food Service o o [8J o SUPERIOR GOOD ACCEPTABLE DEFICIENT OAT-RISK COMMENTS: Attempted Suicide On December 6,2007 at 0645 hrs, staff heard a banging noise coming from the female housing unit. Staff responded and found inmate (non-detainee n, conscious and breathing, hanging from a sheet tied to the cell bars. She was immediately b6, b7c supported and cut down. According to staff, she never lost consciousness. Paramedics responded and evaluated her medical condition. She was transported to Pomona Valley Hospital for evaluation and released. Inmate Death Inmate (non-detainee t was a 25-year-old white female, 5' 2", 180 Ibs, committed to the Pomona City Jail on July 8, b6, b7c 2007 at 2354 hours. She denied any medical conditions or drug use during the intake screening process. On July 9, 2007 at 1825 hours, staff responded to loud noise coming from the female unit. Upon their arrival, they found inmate Hewitt unconscious and not breathing in her cell. Paramedics were summoned and staff began CPR. She was transported to Pomona Valley Hospital where she was pronounced dead in the Emergency Room at 1919 hours. Initial cause of death was listed as sleep apnea. Subsequent autopsy listed the cause of death as accidental cocaine overdose. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC(Rev. 12/8/07) SIGNIFICANT INCIDENT SUMMARY WORKSHEET In order for Creative Corrections to complete its review of your facility, you must complete the following worksheet prior to your scheduled review dates. This worksheet must contain data for the past twelve months. We will use this worksheet in conjunction with the ICE Detention Standards to assess your detention operations with regard to the needs of ICE and its detainee population. Failure to complete this worksheet will result in a delay in processing this report, and may result in a reduction or removal of ICE detainees from your facility. Assault: Offenders on Offenders l WithW Without Assault: Detainee on Staff Number of Forced Moves, inc!. Forced Cell Moves3 # Times FourlFive Point Restraints AppJied/Used Offender / Detainee Medical Referrals as a Result ofInjuries Sustained. I Escapes Actual Grievances: # Received # Resolved in Favor of OffenderlDetainee Reason (V=Violent, I=I1Iness, S=Suicide, A=Attempted Deaths Psychiatric / Medical Referrals Number # Medical Cases Referred for Outside Care # Psychiatric Cases Referred for Outside Care 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I-Death, Other I-Attempted Suicide 0 0 0 0 0 0 0 0 0 0 0 0 Any attempted physical contact or physical contact that involves two or more offenders Oral, anal or vaginal penetration or atteinpted penetration involving at least 2 parties, whether it is consenting or non-consenting Routine transportation of detainees/offenders is not considered "forced" Any incident that involves four or more detainees/offenders, includes gang fights, organized multiple hunger strikes, work stoppages, hostage situations, major fires, or other large scale incidents. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) DBS/ICE DETENTION STANDARDS REVIEW SUMMARY REpORT 1. ACCEPTABLE 2. DEFICIENT 3. AT-RISK 4. REPEAT 5. NOT FINDING ApPLICABLE Classification System - 5. - -Detainee Hanclbeok 6. Food Service 7. Funds and Personal Property 8. Detainee Grievance Procedures 9. Issuance and Exchange of Clothing, Bedding, and Towels 10. Practices HEALTH SERVICES 11. Medical Care 12. Suicide Prevention and Intervention AND CONTROL 13. Contraband 14. Detention Files 15. Disciplinary Policy 16. Emergency Plans 17. Environmental Health and Safety 18. Hold Rooms in Detention Facilities 19. Key and Lock Control 20. Population Counts 21. Security Inspections 22. Special Management Units (Administrative Detention) 23. Special Management Units (Disciplinary Segregation) 24. Tool Control 25. Transportation (Land management) 26. Use of Force 27. Staff / Detainee Communication (Added August 2003) 28. Detainee Transfer ALL FINDINGS OF DEFICIENT AND AT-RISK REQUIRE WRITTEN COMMENT DESCRIBING THE FINDING AND WHAT IS NECESSARY TO REACH COMPLIANCE. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Creative Corrections 6415 Calder, Suite B ---Beaumont;Texas 77706 ICE Detention Standards Compliance Review Worksheet (This document must be attached to each CC-324B Inspection Form) This Form to be used for Inspections of alllGSA Facilities Used Over 72 Hours . reative cor r Be tiD n s [g] D D Local Jail - IGSA State Facility - IGSA ICE Contract Detention Facility Name Pomona City Jail City, State and Zip Code 490 West Mission Blvd. County Los Angeles Name and Title of Chief Executive Officer (Warden/OIC/Superintendent) b6, b7c Name and title of Reviewer-In-Charge b6, b7c Date[sJ of Review Januarv11-14200B Type of Review [g] Headquarters D Operationa/DS~ecial Assessment DOther FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Table of Contents SECTION I. LEGAL ACCESS STANDARDS ............................................................................................................................. .3 VISITATION ............................................................................................................................................................................... . ACCESS TO TELEPHONES ......................................................................................................................................................... .. SECTION II. DETAINEE SERVICES STANDARDS ................................................................................................................... 5 ADMISSION AND RELEASE ....................................................................................................................................................... .. CLASSIFICATION SySTEM ......................................................................................................................................................... . DETAINEE FlANDBOOK .............................................................................................................................................................. . FOOD SERVICE ......................................................................................................................................................................... .. FUNDS AND PERSONAL PROPERTy ........................................................................................................................................... . DETAINEE GRIEVANCE PROCEDURES ....................................................................................................................................... . ISSUANCE AND EXCHANGE OF CLOTHING, BEDDING, AND TOWELS ...................................................................................... .. RELIGIOUS PRACTICES ............................................................................................................................................................ .. SECTION III. HEALTH SERVICES STANDARDS ................................................................................................................... 14 MEDICAL CARE ........................................................................................................................................................................ . SUICIDE PREVENTION AND INTERVENTION ................................................................................................. : ............................ . SECTION IV. SECURITY AND CONTROL STANDARDS ......................................................................................................... 15 CONTRABAND ........................................................................................................................................................................... . DETENTION FILES ..................................................................................................................................................................... .. DISCIPLINARY POLICY .............................................................................................................................................................. . EMERGENCY PLANS .................................................................................................................................................................. . ENVIRONMENTAL HEALTH AND SAFETy ................................................................................................................................. .. HOLD ROOMS IN DETENTION FACILITIES ................................................................................................................................. . KEy AND LOCK CONTROL ........................................................................................................................................................ . POPULATION COUNTS .............................................................................................................................................................. .. SECURITY INSPECTIONS ............................................................................................................................................................ . SPECIAL MANAGEMENT UNIT (ADMINISTRATIVE SEGREGATION) .......................................................................................... .. SPECIAL MANAGEMENT UNIT (DISCIPLINARY SEGREGATION) ................................................................................................ . TOOL CONTROL ........................................................................................................................................................................ . TRANSPORTATION (LAND) ....................................................................................................................................................... . USE OF FORCE ......................................................................................................................................................................... .. STAFFIDETAINEE COMMUNICATIONS ....................................................................................................................................... . DETAINEE TRANSFER STANDARD ............................................................................................................................................. . NOTE: FOR EACH STANDARD RATED BELOW ACCEPTABLE, FACILITIES MUST ATTACH A PLAN OF ACTION FOR BRINGING OPERATIONS INTO COMPLIANCE. EACH FACILITY SHOULD EXAMINE THE ENTIRE WORKSHEET TOJDENTIFY AREAS OF IMPROVEMENT, INCLUDING THOSE STANDARDS WHERE AN OVERALL FINDING OF ACCEPTABLE WAS ACHIEVED. . FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 2 of35 SECTION I. LEGAL ACCESS-STANDARDS VISITATION Policy: ICE shall permit detainees to visit with family, friends, legal representatives, special inter~stgroups, and the news media. Components Y N NA Remarks There is a written visitation schedule and hours for general [gJ Posted at the front entrance. 0 0 visitation. [gJ The visitation schedule and rules are available to the public. 0 0 In addition to the visitation log, a computer log is also [gJ A general visitation log is maintained. 0 0 maintained for law enforcement purposes. Although this is a non-contact Visitors are searched and identified according to standard visiting facility, visitor's [gJ 0 0 requirements. possessions are searched prior to a visit. ':-; ---- [gJ Acceptable o Deficient OAt-Risk o Repeat Finding Remarks: The Pomona City Jail permits detainees to visit with family, friends, legal representatives, special interest groups, and the news media. Visits are permitted each day from 10:00a.m. to 3:00 p.m., seven day per week. Each detainee may visit for thirty minutes per visit. The visiting procedures are outlined in Pomona City Jail Policy #3-500, Prisoner Hygiene and Privileges. b6, b7c January 10-11. 2008 Auditor's Signature/Date b6, b7c 1-~ FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 3 of35 -~~--------- DETAINEE TELEPHONE ACCESS _ _ _ _ _ _ _ _ _ _ _ c _____ - -- ---- --- ----- - ---- - - POLICY: ALL FACILITIES HOUSING ICE DETAINEES WILL PERMIT DETAINEES' REASONABLE AND EQUITABLE ACCESS TO TELEPHONES. N Y COMPONENTS Detainees are allowed access to telephones during established facilift waking hours. Upon admittance, detainees are made aware of the facility's telephone access policy. Detainees are afforded a reasonable degree of privacy for legal phone calls. Emergency phone call messages are immediately given to detainees. Detainees are allowed to return emergency phone calls as soon as possible. NA ~ D D ~ D D ~ D D ~ D D ~ D D Detainees in disciplinary segregation are allowed phone calls to consular/embassy officials. D D ~- The OIG phone number for reporting abuse is programmed into the detainee phone system and the phone number was checked by the inspector during the review. D ~ D Detainees in disciplinary segregation are allowed phone calls for family emergencies. D D ~ D D ~ ~ D D Detainees in administrative segregation and protective custody are afforded the same telephone privileges as that 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. 181 ACCEPTABLE o DEFICIENT o OAT-RISK REMARKS A telephone is located in each detainee cell. Provided by jail staff. There is no disciplinary segregation at the Pomona City Jail. The-GIG number is not programmed into the telephone system. There is nO disciplinary segregation at the Pomona City Jail There is no administrative segregation at the Pomona City Jail The detainee telephone system is operated by OMNIPHONE. During each telephone call, a recorded voice announces the call is being made from the Pomona City Jail and is subject to monitoring. The message is in English and Spanish. REPEAT FINDING REMARKS: Detainees are permitted reasonable and equitable access to telephones. Each cell has a telephone, which permits detainees to make collect telephone calls. Telephone procedures are outlined in Pomona City Jail Policy #3-500, Prisoner Hygiene and Privileges. b6, b7c January 10 -11,2 AUDITOR'SSIGNATURE/DATE b6, b7c /~ i FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 4 of35 - SEC-TIONII. DETAINEE SER-VICESSTANDARDSADMISSION AND RELEASE POLICY: ALL DETAINEES WILL BE ADMITTED AND RELEASED IN A MANNER THAT ENSURES THEIR HEALTH, SAFETY, AND WELFARE. THE ADMISSIONS PROCEDURE WILL, AMONG OTHER THINGS INCLUDE: MEDICAL SCREENING; A FILE-BASED ASSESSMENT AND CLASSIFICATION PROCESS; A BODY SEARCH; AND A SEARCH OF PERSONAL BELONGINGS, WHICH WILL BE INVENTORIED, DOCUMENTED, AND SAFEGUARDED AS NECESSARY. COMPONENTS In-processing includes an orientation of the facility. Medical screenings are performed by medical staff or persons who have received specialized training for the purpose of conducting an initial health screening. All new arrivals are searched in accordance with the "Detainee Search" standard. An officer of the same sex as the detainee conducts the search and the search is conducted in an area that affords as much privacy as possible. Detainees are stripped searched only when cause has been established and not as routine policy. Non-criminal detainees are not strip-searched but are patted down, unless reasonable suspicion is established. The "Contraband" standard governs all personal property searches; IGSAs/CDFs use or have a similar contraband standard. Staff prepares a complete inventory of each detainee's possessions. The detainee receives a copy. Two officers are present during the processing of detainee funds and valuables during admissions processing to the facility. Both officers verify funds and valuables. 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 1203. Staff completes paperwork/forms for release as required. IZI ACCEPTABLE D DEFICIENT D Y N NA ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 Detainees are not visual searched. ~ 0 0 This occurs during the intake (booking) process. ICE staff retains funds. Other property is inventoried and maintained until transfer/release. REMARKS ~ 0 0 ~ 0 0 ~ 0 0 Clean bedding, clothes and towels. ~ 0 0 Readily available. ~ ~ AT-RISK 0 0 0 0 D REPEAT FINDING REMARKS: All detainees held at the Pomona City Jail are admitted and released in a manner that ensures their health, safety and welfare. The admissions procedure includes medical screening, documentation assessment and classification process, and search of personal property that is inventoried, documented, and secured. (Pomona City Jail Policy #3-800, Federal Prisoner Housing) b6, b7c January 10- 11! 2008 AUDITOR'S SIGNATURE/DATE b6, b7c j~ ' FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 5 of35 ~- -~--------- POLICY: CLASSIFICATION SYSTEM ---- - ----- --.--- - - - -- ALL FACILITIES WILL DEVELOP AND IMPLEMENT A SYSTEM ACCORDING TO WHICH ICE -- - - - ------- ._- -- DETAINEES ARE CLASSIFIED. THE CLASSIFICATION SYSTEM WILL ENSURE THAT EACH DETAINEE IS PLACED IN THE APPROPRIATE CATEGORY, PHYSICALLY SEPARATED FROM DETAINEES IN OTHER CATEGORIES Y N NA The facility has a system for separating criminal and noncriminal ICE detainees. Violent offenders are separated from non-violent offenders. ~ 0 0 HousinQ assiQnments are based on threat level. ~ COMPONENTS ~ ACCEPTABLE D DEFICIENT D AT-RISK REMARKS All ICE detainees are housed in the same section of the jail, not necessarily in the same cell. 0 0 D REPEAT FINDING REMARKS: The Pomona City Jail has developed and implemented a classification system for ICE detainees. The system ensures each detainee is placed in the appropriate category and physically separated from detainees in other categories. (Pomona City Jail Policy #3-800, Federal Prisoner Housing) b6, b7c January 10-11, 2008 AUDITOR'S SIGNATURE/DATE b6, b7c ~ t FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 6 of35 - DETAINEE HANDBOOK " POLicv:EVERy-OrCWILL DEVELOP A SITt-SPECIFICDETAiNEE HANDSOO:K-T(fsERVI3AS ANOVERVrEWOF,-AND GUIDETa, THEbETENTION POLICIES, RULES, AND PROCEDURES IN EFFECT AT THE FACILITY. THE HANDBOOK WILL ALSO DESCRIBE THE SERVICES, PROGRAMS, AND OPPORTUNITIES AVAILABLE THROUGH VARIOUS SOURCES, INCLUDING THE FACILITY, ICE, PRIVATE ORGANIZATIONS, ETC. EVERY DETAINEE WILL RECEIVE A COPY OF THIS HANDBOOK UPON ADMISSION TO THE FACILITY. The detainee handbook states in clear language the basic detainee responsibilities. The handbook identifies: Initial issue of clothing and bedding, and personal hygiene items; When a medical examination will be conducted; The telephone policy, debit card procedures, direct and free calls, locations of telephones, policy when telephone demand is high, Policy and procedures for emergency phone calls, and the Detainee Message System; Facility search procedures and contraband policy; and Facility visiting hours and schedule, and visiting rules and regulations The handbook describes the detainee disciplinary policy and procedures, to include: Prohibited acts and severity scale sanctions; Time limits in the Disciplinary Process; Summary of Disciplinary Process; Sick call procedures for general population and segregation; and The rights and responsibilities of all detainees. 1ZI ACCEPTABLE o DEFICIENT N Y COMPONENTS The detainee handbook is written in English and translated into Spanish, or into the next most-prevalent Language(s). NA ~ D D ~ D D ~ D D ~ D D OAT-RISK o REMARKS Pomona City Jail Policy 3-500, Prisoner Hygiene and Privileges Detainees requiring medical treatment are not housed at this facility. REPEAT FINDING REMARKS: The Pomona City Jail has developed a site-specific detainee handbook that defines the detention policies, rules, and procedures in effect at this facility. The handbook describes services, programs, and opportunities available through various sources, including ICE. The handbook is available to all detainees. b6, b7c January 10-11,2008 AUDITOR'S SIGNATURE/DATE b6, b7c II'1",-- FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 7 of35 "" ~-----------------------------------~-------- --.._. _ . - ._ . - - FOOD ---SERVICE --- --~-.-- -- -~- - - --.- ---- - - -- ---- - - - - - - - - -- - --- ----- POLICY: EVERY FACILITY WILL PROVIDE DETAINEES IN ITS CARE WITH NUTRITIOUS AND APPETIZING MEALS, PREPARED IN ACCORDANCE WITH THE HIGHEST SANITARY STANDARDS. COMPONENTS Y N NA REMARKS Trained staff supervises the food service program. Knife cabinets close with an approved locking device and the on-duty cook foreman maintains control of the key that locks the device. . All knives not in a secure cutting room are physically secured to the workstation and staff directly supervises detainees using knives at these workstations. Staff monitor the condition of knives and dining utensils Detainees are served at least three meals daily. No more than 14 hours elapse between the last meal served and the first meal of the following day. A registered dietitian conducts a complete nutritional analysis of every master-cycle menu planned. D IZJ D D D IZJ D D IZJ IZJ D D IZJ D D D IZJ D IZJ D· D The food service program addresses medical diets. Satellite-feeding programs follow guidelines for proper sanitation. Hot and cold foods are maintained at the prescribed, "safe" temperature(s) after two hours. (140 degrees for hot - 40 degrees for cold) IZJ D 0 IZJ D D All meals are provided in nutritionally adequate portions. The Food Service Department is supervised by the senior jailer on duty each shift. Specialized food service training is not provided to the jail staff. Jail staff are given very basic training on heating meals, but lacks in food safety training. Knives are not utilized in the department. All detainee meals are purchased prepackaged and require no food preparation other than heating. Knives are not used at this facility. Staff monitors the condition of dining utensils. Pomona City Jail Policy, Jail 3-600, Food Service, requires the serving of the meals as follows: breakfast 0500-0530, lunch 1100-130, and dinner 1700-1750 hours. All meals are served hot. There is a nutritional analysis on file for the menu served at Pomona City Jail. Pomona City Jail Policy, Jail 3-600, Food Service, states "Prisoners requiring special diets, (Le. vegetarian diet) should be transferred to another facility or if applicable, released from custody". Detainees that report medical conditions during intake are returned to ICE. The meals are pre-packaged entrees that have re-heating instructions on the containers. Jail orderlies heat the meals under the supervision of the Senior Jailer. The meals are served in portions that are nutritionally adequate. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 8 of35 FOOD SERVICE ~ -~.~----~-~-~-- ---- - -- ,- - - -,- -- --,- ,- ----- --- - ---. ----,..-- -- - - - -- --- - - - - ---- POLICY: EVERY FACILITY WILL PROVIDE DETAINEES IN ITS CARE WITH NUTRITIOUS AND APPETIZING MEALS, PREPARED IN ACCORDANCE WITH THE HIGHEST SANITARY STANDARDS. COMPONENTS Y N NA REMARKS Food is not used to punish or reward detainees based upon behavior. Standard operating procedures include weekly inspections of all food service areas, including dining and food-preparation areas and equipment. _ ----- ~ 0 0 0 ~ 0 0 ~ 0 ~ 0 0 ~ 0 0 ----- Equipment is inspected daily. ProcedUres include inspecting all incoming food shipments for damage, contamination, and pest infestation. Storage areas are locked. D ACCEPTABLE IZI DEFICIENT D Pomona City Jail Policy requires weekly equipment inspections, but does not direct staff to conduct sanitation inspections of all areas. Pomona City Jail Policy, Jail 3-600, Food Service, states "Each Jailer assigned to food service duties should check all food service equipment on a weekly basis." Pomona City Jail Policy, Jail 3-600, Food Service, states "An inspection shall be conducted, upon receipt of food delivered to the jail. Delivery receipts should be checked to ensure that the products are from an approved source. Frozen and refrigerated foods should be checked for signs of refreezing, thawing, pest infestation, broken boxes, leaky packages, or other signs of mishandling. All perishable items should be properly stored as quickly as possible. Cans should be checked for dents, leaks and verification of vacuum seaL" D REPEAT FINDING AT-RISK REMARKS: • • • • b6, b7c Staff supervising the Food Service Department have not received food service training. The food service program does not address medical diets. Standard operating procedures do not include weekly inspections of all food service areas, including dining and food preparation areas. Equipment is not inspected daily. JanuaD/1 0-11, 2008 AUDITOR'SSIGNATURE/DATE b6, b7c _~- . 1 . r - . FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 9 of35 - - - - -------- ... fUNDS AND-PERSONAL PROPERTY -.- . -- - - - -- -- - --- ------ POLICY: FACILITIES WILL IMPLEMENT PROCEDURES TO CONTROL AND SAFEGUARD DETAINEES' PERSONAL PROPERTY. PROCEDURES WILL PROVIDE FOR THE SECURE STORAGE OF FUNDS, VALUABLES, BAGGAGE AND OTHER PERSONAL PROPERTY; THE DOCUMENTATION AND RECEIPTING OF SURRENDERED PROPERTY; AND THE INITIAL AND REGULARLY SCHEDULED INVENTORYING OF ALL FUNDS, VALUABLES, AND OTHER PROPERTY. ~ STANDARD NA: (IGSA ONLY) CHECK THIS BOX IF ALL ICE DETAINEE FUNDS, VALUABLES AND PROPERTY ARE HANDLED ONLY BY THE ICE FIELD OFFICE OR SUB-OFFICE IN CONTROL OF THE DETAINEE CASE. REMARKS COMPONENTS YES No NA Detainee funds and valuables are properly separated, stored, 0 0 0 -ana-are accessible only by designated supervisor(s). Detainees' large valuables are secured in a location accessible 0 0 0 to designated supervisor(s) or processing staff only. Two officers are present during the processing of detainee funds and valuables during in-processing to the facility. Both officers 0 0 0 verify funds and valuables. Staff forwards an arriving detainee's medicine to the medical 0 0 0 staff. Staff searches arriving detainees and their personal property for 0 0 0 contraband. Staff procedures follow written policy for returning forgotten 0 0 0 property to detainees. Property discrepancies are immediately reported to the CDEO 0 0 0 or Chief of Security. CDF/IGSA facility procedures for handling detainee property 0 0 0 claims are similar with the ICE standard. ~ ACCEPTABLE D DEFICIENT D D REPEAT FINDING AT-RISK REMARKS: Detainee funds, valuables and other property are separated, processed and documented by ICE. When an ICE detainee's property is brought to the facility, it is stored in a secure area until ICE picks up the detainee for transport. Facility staff do not access the property for any reason. Funds and anything of value are not accepted at the facility. These items retained by ICE. b6, b7c Januarv 10-11,2008 AUDITOR'S SIGNATURE/DATE b6, b7c ) f//'o-..... ... ........ FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 10 of35 - .--.,-~~--~~-- -------.~~--- ._r .~ __ • _____ _____________ - DETAINEE PROCEDURES _______ =r_ GRIEVANCE ...... _.-= _ _ r_ ~,_:_ ~---.- -----.-~-~~-~~.-.~- --~.~-;- ~~ ------.-"'~-~ ,-T",.......~---. .... -,~~ -.~.-,.-.------- -.=' ..,....,- '--~-. - - -,-~- ... .. --~ --~ -~- . ~~~ .. -.-.--,~---- .--- POLICY: EVERY FACILITY WILL DEVELOP AND IMPLEMENT STANDARD OPERATING PROCEDURES (SOPs) FOR ADDRESSING DETAINEE GRIEVANCES IN TIMELY FASHION. EACH STEP IN THE PROCESS WILL OCCUR WITHIN THE PRESCRIBED TIME FRAME. AMONG OTHER THINGS, A WITH GRIEVANCE WILL BE PROCESSED, INVESTIGATED, AND DECIDED (SUBJECT TO APPEAL) IN ACCORDANCE THE SOPs; A GRIEVANCE COMMITTEE WILL CONVENE AS PROVIDED IN THE SOPS. STANDARD PROCEDURE WILL INCLUDE PROVIDING THE DETAINEE WITH A WRITTEN RESPONSE TO ANy FORMAL GRIEVANCE, WHICH WILL INCLUDE THE BASIS FOR THE DECISION. THE FACILITY WILL ALSO ESTABLISHSTANDARD PROCEDURES FOR HANDLING EMERGENCY GRIEVANCES. ALL GRIEVANrns WILL RECEIVE SUPERVISORYREVmW. REpRISAL AGAINST THE FILER .. OF A GRIEVANCE WILL NOT BE TOLERATED. Y COMPONENTS ... Every member of the staff knows how to identify emergency grievances,including the procedures for expediting them . There are documented or substantiated cases of staff harassing, disciplining, penalizing, or otherwise retaliating against a detainee who 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. ~ ACCEPTABLE o DEFICIENT N REMARKS· NA ~ D D D ~ D This is a positive response. ~ D D Pomona City Jail Policy 3800.5, Grievances D There is currently no notification process to ICE. There is also no record of any officer/staff misconduct. D OAT-RISK ~ o REPEAT FINDING REMARKS: The Pomona City Jail has developed and implement standard operating procedures (SOPs) for addressing detainee grievances. Reprisal against the filer of a grievance will not be tolerated. b6, b7c January 10-11, 2008 AUDITOR'S SIGNATURE/DATE . b6, b7c .rfA"'\....- _ FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 11 of35 ISSUANCE AND EXCHANGE OF CLOTHING, BEDDING, AND TOWELS ~ ~-~~-~~~~~~~~-- - ------ -- ------ ------ ~ - - ---- - --- - - -- - - - . - ---- - --- --------------- --- - --- - ---- POLICY: ICE REQUIRES THAT ALL FACILITIES HOUSING ICE DETAINEES PROVIDE CLEAN CLOTHING, BEDDING, LINENS AND TOWELS TO EVERY ICE DETAINEE UPON ARRIVAL. FURTHER, FACILITIES SHALL PROVIDE ICE DETAINEES WITH REGULAR EXCHANGES OF CLOTHING, LINENS, AND TOWELS FOR AS LONG AS THEY REMAIN IN DETENTION. COMPONENTS All new detainees are issued clean, temperature-appropriate, presentable clothing during in-processing. ~ D D New detainees are issued clean bedding, linens, and a towel. ~ D D [gI ACCEPTABLE o DEFICIENT YES OAT-RISK No NA REMARKS Pomona City Jail Policy 3500, Prisoner Hygiene and Privileges o REPEAT FINDING REMARKS: The Pomona City Jail provides ICE detainees clean clothing, bedding, linens and towels upon arrival. Regular exchanges of clothing, linens, and towels are provided for as long as they remain in detention. b6, b7c January 10-11. 2008 AUDITOR'SSIGNATURE/DATE ~ FOR b6, b7c ~ I~ OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 12 of35 - -- RELIGIOUS PRACTicES -.-- , - - ------- POLICY: FACILITIES WILL PROVIDE ICE DETAINEES OF ALL FAITHS WITH REASONABLE AND EQUITABLE OPPORTUNITIES TO PARTICIPATE IN THE PRACTICES OF THEIR FAITH, LIMITED ONLY BY THE CONSTRAINTS OF SAFETY, SECURITY, THE ORDERLY OPERATIONS OF THE FACILITY AND BUDGETARY CONSIDERATIONS. y COMPONENTS NA REMARKS N Detainees are allowed to engage in religious services. o o The facility allows detainees to observe the major "holy days" of their religious faith. o o Each detainee is allowed religious items in his/her immediate possession. o ~ ACCEPTABLE o DEFICIENT o Pomona City Jail Policy, Jail 3-500, Prisoner Hygiene and Privileges, states, "Religious service are not available for pre-arraigned prisoners, however arrangements will be made for counseling on a voluntary basis through the Department Chaplain Program." The Detainee Handbook, created for distribution to ICE detainees, states, "All detainees shall have access to religious resources, instruction and counseling on a voluntary basis. Chaplains are available to assist the detainees upon request." The facility allows detainees to observe the tenets of the major holy days of their faiths, but do not accommodate any special dietary requests. Pomona City Jail Policy, Jail 3-500, Prisoner Hygiene and Privileges, states, "Religious reading material is available for all prisoners". o REPEAT FINDING OAT-RISK REMARKS: The facility provides the detainees of all faiths with reasonable and equitable opportunities to participate in the practices of their faith, limited only by the constraints of safety, security, the orderly running of the facility, and budgetary considerations. b6, b7c January 10-11,2008 AUDITOR'S SIGNATURE/DATE b6, b7c ~ #- FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 13 of35 ' _SECTION IlL HEAL THSERVICESBTANDARDS ACCESS TO MEDICAL CARE POLICY: EVERY FACILITY WILL ESTABLISH AND MAINTAIN AN ACCREDITED/ACCREDITATION-WORTHY HEALTH PROGRAM FOR THE GENERAL WELL-BEING OF ICE DETAINEES. Y COMPONENTS N ~~~ ~- -- 0 0 ~ ~ 0 0 ~- The facility's in-processing procedures for arriving detainees include medical screening. All detainees have access to and receive medical care. ~ 0 0 Pharmaceuticals are stored in a secure area. 0 0 ~ Medical screening includes a Tuberculosis (TB) test. 0 0 ~ Detainees in the Special Management Unit have access to health care services. 0 0 ~ 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. ~ 0 0 ~ 0 0 0 0 ~ 0 0 ~ 0 0 ~ Detention staff is trained to respond to health-related emerqencies 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. Detainees are required to sign a refusal to consent form when medical treatment is refused. ~ ACCEPTABLE D DEFICIENT D AT-RISK REMARKS NA Facilities operate a health care facility in compliance with state and local laws and guidelines. The jail does not house detainees who require any medical care. There is no medical department in this facility. Detainees requiring medical care are either transferred out of the facility or taken to Pomona Valley Medical Center. There is no Medical Department in this facility. There is no Medical Department in this facility. There is no Special Management Unit in this facility. Pomona City Jail Policy 3200 mandates all inmate who require medical care be immediately removed from the facility to another facility or Pomona County Medical Center. D REPEAT FINDING REMARKS: The jail does not house detainees who require any medical care. There is no Medical Department in this facility. b6, b7c January 10-11, 2008 AUDITOR'S SIGNATURE/DATE b6, b7c I~ FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 14 of35 --~-~~-~-~-- ------ --- ---- -- - - - - - - - - - ------ --- SUICIDE PREVENTION AND INTERVENTION --- --- -- - -- -------- - -- ---- -.-------- ---- - ---- -- -- --- -- ---- - --- --- - -- --- --- ------ --- POLICY: ALL DETENTION STAFF WORKING WITH ICE DETAINEES WILL BE TRAINED TO RECOGNIZE SUICIDE-RISK INDICATORS. STAFF WILL HANDLE POTENTIALLY SUICIDAL INDIVIDUALS WITH SENSITIVITY, SUPERVISION, AND REFERRALS. A CLINICALLY SUICIDAL DETAINEE WILL RECEIVE PREVENTIVE SUPERVISION AND TREATMENT. Y COMPONENTS Every new staff member receives suicide-prevention training. Suicide-prevention training occurs during the employee orientation program. Training prepares staff to: Recognize potentially suicidal behavior; _ Hefes-PO-tenUally suicidal detainees, following facility procedures; _ and Understand and apply suicide-prevention techniques. !8J ACCEPTABLE o DEFICIENT IZI IZl N D D NA REMARKS D D Pomona City Jail Policy 3200 describes suicide risks and outlines procedures for initiating a transfer of detainees demonstrating suicidal behavior. o REPEAT FINDING OAT-RISK REMARKS: Pomona City Jail Policy 3-200 adequately addresses this standard. b6, b7c Januarv10-11,2008 AUDITOR'S SIGNATURE/DATE b6, b7c r - FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 15 of35 ..... SEC'fION IV. SECBRITY ANDCON-TRGLCONTRABAND POLICY: ALL DETENTION FACILITIES WILL ENSURE THE PROPER HANDLING AND DISPOSAL OF ALL CONTRABAND. DOCUMENTATION OF CONTRABAND DESTRUCTION IS REQUIRED. Y N NA REMARKS COMPONENTS Contraband, of a criminal The facility follows a written procedure for handling illegal contraband. Staff inventory, hold, and report it when necessary nature, is turned over to the ~ 0 0 Pomona Police Department. to the proper authority for action/possible seizure. Pomona City Jail Policy, Jail . LJPon aclrnittance, detainees receive notice of items they can and cannot possess. 3-800, Federal Prisoner Housing", states, "A Detainee Handbook will be ~ 0 0 available to federal prisoners, which explains the jail rules and regulations, and the prisoner privileges." ~ ACCEPTABLE 0 DEFICIENT OAT-RISK o REPEAT FINDING REMARKS: Pomona City Jail procedures ensure the proper handling and disposal of all contraband. b6, b7c January 10-11. 2008 AUDITOR'S SIGNATURE/DATE b6, b7c J. . r'" n_ FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 16 of35 ~ ~ ~ . ~ ~ - • ___ _ ~ , ~ . ~ _ , _ ~ . ~ __ --·".r:- ,_,_. __ ,~_ .C"._ ~.~ __, __ _.~ __ ~= _____ ,.~ DETENTION ____ . ___ FILES .. ,_.~_~_~. ~ _>-.~._r_ ~ ,,_~ ..-= ,~~~,_.: .. ~~_ '-'--. __ .... ~-~~7>"~_i~·~_·_~ ~ __ :_~._· "- --~ .-.:_- ,~---..,..-.~- .. ~--~~.-.---~.- ~,--~~".-~~--'.........--~- .. POLICY: EVERY FACILITY WILL CREATE A DETENTION FILE FOR EVERY ICE DETAINEE BOOKED INTO THE FACILITY, EXCLUDING ONLY DETAINEES SCHEDULED TO DEPART WITHIN 24 HOURS. THE DETENTION FILE WILL CONTAIN COPIES AND, IN SOME CASES, THE ORIGINAL OF SPECIFIED DOCUMENTS CONCERNING THE DETAINEE'S STAY IN THE FACILITY: CLASSIFICATION SHEET, MEDICAL QUESTIONNAIRE, PROPERTY . INVENTORY SHEET, DISCIPLINARY DOCUMENTS, ETC. , 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-589s and/or 1-77s closed-out during the detainee's stay Disciplinary forms/Segregation forms Grievances, complaints, and the disposition(s) of same The detention files are located and maintained in a secure area. If not, the cabinets are lockable and distribution of the keys is limited to supervisors. The detention file remains active during the detainee's stay. When the detainee is released from the facility, staff adds copies of completed release documents, the original closed-out receipts for property and valuables, the original 1-385 or equivalent, and other documentation. The officer closing the detention file makes a notation that the file is complete and ready to be archived. Staff makes copies and sends documents from the file when properly requested by supervisory personnel at the receiving facility or office. Appropriate staff has access to the detention files, and other departmental requests are accommodated by making a request for the file. Each file is properly logged out and in by a representative of the responsible department. ~ ACCEPTABLE o DEFICIENT N NA REMARKS D D ~ During the review, there were no detainees files available for review. D D ~ No detainees detention files available for review. D D ~ No detainees detention files available for review. D D ~ No detainees detention files available for review. D D ~ No detainees detention files available for review. D D ~ No detainees detention files available for review. D D ~ No detainees detention files available for review. D D ~ No detainees detention files available for review. o REPEAT FINDING OAT-RISK REMARKS: During the review, there were no detainees/detention files available for review. b6, b7c January 10-11, 2008 AUDITOR'S SIGNATURE/DATE b6, b7c f1>- FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 17 of35 ~ ~-~~~-~---------- - - -- - --- ---- ---- --- - - ------- DISCIPLINARY POLICY - ---- ~ -~-=~. ~- --- ----- - ---- - ---- -- -- - -- ------- - --- ------------.-. - ------.- - POLICY: ALL FACILITIES HOUSING ICE DETAINEES ARE AUTHORIZED TO IMPOSE DISCIPLINE ON DETAINEES WHOSE BEHAVIOR IS NOT IN COMPLIANCE WITH FACILITY RULES AND REGULATIONS. COMPONENTS The facility has a written disciplinary system using progressive levels of reviews and appeals. ~ 0 0 The facility rules state that disciplinary action shall not be capricious or retaliatory. 0 ~ 0 ~ 0 0 ~ 0 0 0 ~ 0 ~ 0 0 vvrittt?n rules prohibit staff from imposing or permitting the following sanctions: corporal punishment deviations from normal food service clothing deprivation bedding deprivation denial of personal hygiene items loss of correspondence privileges deprivation of physical exercise The rules of conduct, sanctions, and procedures for violations are 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. I [8] ACCEPTABLE D DEFICIENT D AT-RISK Y N NA REMARKS Pomona City Jail Policy 3700, Discipline, and Policy 4600, Inmate Worker Capricious and retaliatory actions are not addressed in the policy. Discipline consists of verbai reprimand or removal from the institution. These items are not conspicuously posted in the facility. D REPEAT FINDING I REMARKS: Impartial discipline is imposed when inmates/detainees do not comply with the rules and regulations of the facility. b6, b7c January 10-11. 2008 AUDITOR'S SIGNATURE/DATE b6, b7c FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 18 of35 I - _~.-~ _"C_ _ _ _ _ ~ ____ •• -~,..,......._--,~-_- ~T~~·~-~_ ... ~,--'- ...m~Mlt~GEN~"y (C()N1:~Q<E~~X) PL~~_.<_ne.'. __._._ __ -~.~ __ T~ __ ......... __ ~ ~ __ ~ __• __• __ O~_~.=_~ --~--~----- _____ POLIC;Y: ALL FACILITIES HOLDING ICE DETAINEES WILL RESPOND TO EMERGENCiES WITH A PREDETERMINED STANDARDIZED PLAN TO MINIMIZE THE HARMING OF. HUMAN LIFE AND THE DESTRUCTION OF PROPERTY. IT IS RECOMMENDED THAT SPCS AND CDFs ENTER INTO ' . . . . . AGREEMENT, VIA MEMORANDUM OF UNDERSTANDING (MOU), WITH FEDERAL, LOCAL AND STATE AGENCIES TO ASSIST IN TIMES OF EMERGENCY. - -" Y COMPONENTS - Policy precludes detainees or detainee groups from exercising control or authority over other detainees. Detainees are protected from: Personal abuse CorporaLpunishment Personal injury Disease Property damage Harassment from other detainees Written procedures cover: Work/Food Strike Disturbances Escapes Bomb Threats Adverse Weather Facility Evacuation Internal Hostages IZI Acceptable o Deficient N NA IZI 0 0 IZI 0 0 0 IZI 0 REMARKS There are no plans for work and food strikes. Detainees do not work at this facility. If a detainee declares a food strike, ICE removes him. The facility does have plans for an escape or adverse weather. o Repeat Finding OAt-Risk Remarks: The Pomona City Jail responds to emergencies with a predetermined standardized plan to minimize harm to staff/inmates and destruction of property. During this review, a fire occurred in clothes dryer. Due to the heavy smoke, the facility was evacuated. Staff responded quickly and professionally, securing each inmate and escorting him or her to a predetermined staging area. The fire was extinguished by jail staff and the local fire department responded. January 10-11, 2008 b6, b7c Auditor's Signature/Date b6, b7c r lrI FOR OFFICIAL USE ONL Y (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 19 of35 ~-.-~,",-_~~"";; ~_~~_~~, .~ ~ ~~U - ; -_ _~- - . . . ~-. -. POLICY: EVERY FACILITY WILL CONTROL FLAMMABLE, TOXIC, AND CAUSTIC MATERIALS THROUGH A HAZARDOUS MATERIALS PROGRAM. THE PROGRAM WILL INCLUDE, AMONG OTHER THINGS, THE IDENTIFICATION AND LABELING OF HAZARDOUS MATERIALS IN ACCORDANCE WITH APPLICABLE STANDARDS (E.G., NATIONAL FIRE PROTECTION ASSOCIATION [NFPA]); IDENTIFICATION OF INCOMPATmLE MATERIALS, AND SAFE-HANDLING PROCEDURES COMPONENTS Y The facility has a system for storing, issuing, and maintaining inventories of hazardous materials. Constant inventories are maintained for all flammable, toxic, and caustic substances used/stored in each section of the facility. .. ..- The manufacturer's Material Safety Data Sheet (MSDS) file is up-to-date for every hazardous substance used. All personnel using flammable, toxic, and/or caustic substances follow the prescribed procedures. They: Wear personal protective equipment; 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. 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 facilitv. Living units are maintained at appropriate temperatures in accordance with industry standards. (68 to 74 degrees in the winter and 72 to 78 degrees in the summer.) Shower and sink water temperatures do not exceed the industry standard of 120 degrees. 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. A technically qualified officer conducts the fire and safety inspections. The facility has an approved fire prevention, control, and evacuation plan. IZI N 0 REMARKS NA 0 0 0 IZI IZI 0 0 0 0 IZI IZI 0 0 IZI 0 0 IZI 0 0 IZI 0 0 IZI 0 0 IZI 0 0 0 0 IZI IZI 0 0 IZI 0 0 There are constant inventories of cleaning supplies. Flammables, toxics, or caustics substances are not used at this facilitv. Very impressive. Most MSDS's are dated 2006 or 2007. There are no flammables, toxics, or caustics substances. Detainees are not allowed to use hazardous materials. No methyl alcohol products at this facility. Pomona City Jail Policy 1800, Fire Inspections and EmerQency Response City of Pomona, Employee Emergency Action Plan and Evacuation Plan, is used in addition to the jail policy. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 20 of35 _ ~ ~ __ ~ ~ __ ._-- _ _ • __ • • • ~ ~ _ ____ " __ _ ____ - _ _ , , " ,____ . L ~ __ .·0.0'_ - ____ 7 ~ _ ~ L_~ ~ =,.;..~.~___ ~ _~.= ~ r_~,"~T~ _ ~ . ~._~~._~~,;..-_ _ .~ . ENVIRONMENTAL HEALTH AND SAFETY •• __ __ ___ ' _ _ _""_____ ,_ ~ ____ ~ -_-_-'S-.-- - ,------------------------------------- ~---+-~~--~------ ------ ----- -------------- - -- ENVIRONMENTAL HEALTH AND SAFETY - POLICY: EVERY FACILITY WILL CONTROL FLAMMABLE, TOXIC, AND CAUSTIC MATERIALS THROUGH A HAZARDOUS MATERIALS PROGRAM. THE PROGRAM WILL INCLUDE, AMONG OTHER THINGS, THE IDENTIFICATION AND LABELING OF HAZARDOUS MATERIALS IN ACCORDANCE WITH APPLICABLE STANDARDS (E.G., NATIONAL FIRE PROTECTION ASSOCIATION [NFPA]); IDENTIFICATION OF INCOMPATmLE MATERIALS, AND SAFE-HANDLING PROCEDURES COMPONENTS Y N REMARKS NA 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. Written procedures regulate the handling and disposal of used needles and other sharp objects. Standard cleaning practices include: Using specified equipment; cleansers; disinfectants and detergents. An established schedule of cleaning and follow-up inspections. A Iicensed/CertifiedlTrained pest-control professional inspects for rodents, insects, and vermin. At least monthly. -The pest-control program includes preventative spraying for indigenous insects. I:8J ACCEPTABLE D DEFICIENT D ~ D D D D ~ This facility does not and will not house any detainees requiring any level of medical service. There is no Medical Departmetlt or medical staff. ~ D D Pomona City Jail Policy 1700.5, IV, Facility Safety and Maintenance. D Dewey Pest Control is contracted to provide monthly service. ~ D D REPEAT FINDING AT·RISK REMARKS: NONE b6, b7c January 10-11. 2008 AUDITOR'SSIGNATUREIDATE b6, b7c !~ J- FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 21 of35 ------ HOLD ROOMS IN DETENTION FACILITIES ~. - ---- ---" - ---- -- --- -~- - ----- ----- ------ - - --- -------~ --- --~----~ ~-~ --.-- -- - -- - _ .. ~--------- - --- .---- -- ------ POLICY: HOLD ROOMS WILL BE USED ONLY FOR TEMPORARY DETENTION OF DETAINEES AWAITING REMOVAL, TRANSFER, EOIR HEARINGS, MEDICAL TREATMENT, INTRA-FACILITY MOVEMENT, OR OTHER PROCESSING INTO OR OUT OF THE FACILITY. COMPONENTS The hold rooms are situated within the secure perimeter. The hold rooms are well ventilated well lighted, and all activatinQ switches are located outside the room. The hold rooms contain sufficient seating for the number of detainees held. The walls and ceilings of the hold rooms are tamper and esca~eJJroof. Individuals are not held in hold rooms for more than 12 hours. Male and females are segregated from each other. Detainees under the age of 18 are not held with adult detainees. In older facilities, officers are within visual or audible range to allow detainees access to toilet facilities on a regular basis. All detainees are given a pat down search for weapons or contraband before beinQ placed in the room. Officers closely supervise the detention hold rooms using direct supervision (Irregular visual monitoring.). Hold rooms are irregularly monitored every 15 minutes. Unusual behavior or complaints are noted. I8J ACCEPTABLE o DEFICIENT OAT-RISK Y N NA IZJ IZJ D D D D IZJ D D IZJ IZJ IZJ D D D D D D D D IZJ IZJ D D IZJ D D IZJ D D REMARKS' Well ventilated, good lighting, and very clean. Solid construction - Held for a very short time. Persons under the age of 18 are not held at this facili~ Toilet facilities are directly across from the booking officer. [j REPEAT FINDING REMARKS: Hold rooms are used only for temporary detention of detainees (processing into or out of the facility) awaiting removal, transfer, intra-facility movement, etc. b6, b7c January 10-11, 2008 AUDITOR'S SIGNATURE/DATE b6, b7c FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 22 of35 - ~ -.- --- - - ~ --- -- -- -- ---- KEY AND LOCK CONTROL (SECURiTY, ACCOUNTABILITY AND MAINTENANCE) - -- ------ - - - - - - - - - - - - - - - ---- ----- - ------- POLICY: IT IS THE POLICY OF THE ICE SERVICE TO MAINTAIN AN EFFICIENT SYSTJ;:M FOR THE USE, ACCOUNTABILITY AND MAINTENANCE OF ALL KEYS AND LOCKS. COMPONENTS Facility policies and procedures address the issue of compromised keys and locks. Padlocks and/or chains are prohibited from use on cell doors. The entrance/exit door locks to detainee living quarters, or areas with an occupant load of 50 or more people, conform to: _O(;c;upaJiQI1~1 SCifetyand Environmental Health M~nuC3l, Ch. 3; National Fire Protection Association Life Safety Code 101. N Y NA 0 0 0 0 IZJ Pomona City Jail does not house 50 or more inmates. Emergency keys are maintained in a locked lock box located in the Watch Commander's office. 0 IZJ IZJ 0 Emergency keys are available for all areas of the facility. The facilities use a key accountability system. Authorization is necessary to issue any restricted key. Individual gun lockers are provided. They are located in an area that permits constant officer observation. In an area that does not allow detainee or public access. 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 D DEFICIENT D AT-RISK REMARKS Policy does not address compromised keys and locks. IZJ 0 0 IZJ IZJ 0 0 0 0 IZJ 0 0 IZJ 0 0 Per authorization of the Chief. The senior jailer counts all key rings at the beginning of each shift. D REPEAT FINDING REMARKS: The facility has an efficient system for the use, accountability, and maintenance of all keys and locks. b6, b7c January 10-11, 2008 AUDITOR'S SIGNATURE/DATE b6, b7c FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 23 of35 POPULATION COUNTS --- - - -- - - - -- -- -- - ---- ----- ----------- - - - - ----- -------- -- ----- - -- - -- --- --- ----- ---- - ~-------- - --- ------- - ------- ----------- --~--- - -~- ---------------- POLICY: ALL DETENTION FACILITIES SHALL ENSURE AROUND-THE-CLOCK ACCOUNTABILITY FOR ALL DETAINEES. THIS REQUIRES THAT THEY CONDUCT AT LEAST ONE FORMAL COUNT OF THE DETAINEE POPULATION PER SHIFT, WITH ADDITIONAL FORMAL AND INFORMAL COUNTS CONDUCTED AS NECESSARY. COMPONENTS Y N REMARKS NA Staff conduct a formal count at least once each shift. - -- I I I ---- - Activities cease or are strictly controlled while a formal count is being conducted. Formal counts in all units take place simultaneously. Detainee participation in counts is prohibited. Officers positively identify each detainee before counting him/her as present. Officers positively identify each detainee before counting him/her as present. Written procedures cover informal and emergency counts. They are followed during informal counts and emergencies. The control officer (or other designated position) maintains an out -count record of all detainees temporarily leaving the facility. [gI ACCEPTABLE o DEFICIENT OAT-RISK ~ D D ~ ~ D D D D D D D D ~ D D ~ ~ ~ D D ~ D D o Pomona City Jail Policy 1700.58, Facility, Safety, and Maintenance Wrist identification bands are used. A physical check of each prisoner is made every 30 minutes. REPEAT FINDING REMARKS: The Pomona City jail conducts a formal count at each shift change with additional counts as necessary. b6, b7c January 10-11, 2008 b6, b7c AUDITOR'S SIGNATURE/DATE FOR OFFICIAL USE ONL Y (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 24 of35 ~~~-------- --- SECURITY INSPECTIONS -~. ~--~. ~~- - ------------- - -------- - --- - - --- -- ---------- ----- - ,~- --- --- ----- -. - - - ---- --- -- -- -, -- --- -. - -- -- - ----- ------ ------------ ---- ------ POLICY: POST ASSIGNMENTS IN THE FACILITY'S HIGH-RISK AREAS, WHERE SPECIAL SECURITY PROCEDURES MUST BE FOLLOWED, WILL BE RESTRICTED TO EXPERIENCED PERSONNEL WITH A THOROUGH GROUNDING IN FACILITY OPERATIONS. YES COMPONENTS No Every officer is required to conduct a security check of his/her assigned area. The results are documented. The front-entrance officer checks the ID of everyone entering or exiting the facility. Every Control Center officer receives specialized training. The Control Center is staffed around the clock. Policy restricts staff access to the Control Center. Detainees are restricted from access to the Control Center. 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. Officers thoroughly search each vehicle entering and leaving the facility. Every search of the SMU and other housing units is documented. ~ ACCEPTABLE o DEFICIENT ~ 0 0 ~ 0 0 0 ~ 0 ~ ~ 0 0 0 0 0 0 ~ ~ 0 0 0 0 0 0 ~ 0 0 ~ ~ 0 0 o OAT-RISK REMARKS NA The facility has a comprehensive security inspection policy. ~ Pomona City Jail Policy 1700.SA, Facility Safety and Maintenance The senior jailer conducts a security inspection at the beginning of each shift. The review team was not required to show identification when entering the facility. The Control Center is also the used as an operational Command Center. , Vehicles do not enter the secure areas of the facility. Vehicles do not enter the secure areas of the facility. Vehicles do not enter the secure areas of the facility. REPEAT FINDING REMARKS: The senior jailers conduct security inspections. These officers have experience and are knowledgeable of the facility's physical plant and operations. b6, b7c January 10-11.2008 AUDITOR'S SIGNATURE/DATE b6, b7c r f J'-.-,. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 25 of35 -------------------------------- - ~~-~~---~~----- - -- - - ---- -.----, -- --- - -- ---J)PECIALMANAGEMENTUNIT (SMU) __ -- -- -- -- -- --- ADMINISTRATIVE SEGREGATION POLICY: THE SPECIAL MANAGEMENT UNIT REQUIRED IN EVERY FACILITY ISOLATES CERTAIN DETAINEES FROM THE GENERAL POPULATION. THE SPECIAL MANAGEMENT UNIT WILL CONSIST OF TWO SECTIONS. ONE, ADMINISTRATIVE SEGREGATION, HOUSES DETAINEES ISOLATED FOR THEIR OWN PROTECTION; THE OTHER FOR DETAINEES BEING DISCIPLINED FOR WRONGDOING (SEE THE "SPECIAL MANAGEMENT UNIT [DISCIPLINARY SEGREGATION]" STANDARD). Y COMPONENTS The Administrative Segregation unit provides non-punitive protection from the general population and individuals undergoing disciplinary segregation. Detainees are placed inthe SMU (administrative) in accordance with written criteria. In exigent circumstances, staff may place a detainee in the SMU (administrative) before a written order has been approved. A copy of the order given to the detainee within 24 hours. Administratively segregated detainees enjoy the same general privileges as detainees in the general population. 0 N 0 NA ~ 0 0 ~ Pomona City Jail does not maintain a SMU (Administrative Detention). 0 0 ~ Pomona City Jail does not maintain a SMU (Administrative Detention). Pomona City Jail does not maintain a SMU (Administrative Detention). The SMU is: Well ventilated; Adequately lighted; Appropriately heated; and Maintained in a sanitary condition. All cells are equipped with beds. Every bed is securely fastened to the floor or wall. 0 0 ~ 0 0 ~ The number of detainees in any cell does not exceed the occupancy limit. 0 0 ~ Detainees receive three nutritious meals per day, from the general population's menu of the day. 0 0 ~ Each detainee maintains a normal level of personal hygiene in the SMU. 0 0 ~ A health care professional visits every detainee at least three times a week. 0 0 ~ The SMU maintains a permanent log of detainee-related activity, e.g., meals served, recreation, visitors etc. 0 0 ~ Staff record whether the detainee ate, showered, exercised, and took any applicable medication during every shift. o IZI ACCEPTABLE DEFICIENT REMARKS Pomona City Jail does not have a SMU (Administrative Detention). Prisoners/detainees requiring SMU housing are removed from the facility. 0 0 o OAT-RISK ~ Pomona City Jail does not maintain a SMU (Administrative Detention). Pomona City Jail does not maintain a SMU (Administrative Detention). Pomona City Jail does not maintain a SMU (Administrative Detention). Pomona City Jail does not maintain a SMU (Administrative Detention). Pomona City Jail does not maintain a SMU (Administrative Detention). Pomona City Jail does not maintain a SMU (Administrative Detention). Pomona City Jail does not maintain a SMU (Administrative Detention). REPEAT FINDING REMARKS: NONE b6, b7c January 10-11,2008 AUDITOR'S SIGNATURE/DATE b6, b7c j.Jh-- ;~ FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 26 of35 i~-- SPECIAL MANAGEMENT UNIT ~ ~-~-~---~-~-~--- - ----------- --- -- --------- ------ - - - _. --DISCIPLINARY S~GREGATroN -- , - -- - ~- ----- - -- - -- - - - - . - ------- ---- - -.------ POLICY: EACH FACILITY WILL ESTABLISH A SPECIAL MANAGEMENT UNIT IN WHICH TO ISOLATE CERTAIN DETAINEES FROM THE GENERAL POPULATION. THE SPECIAL MANAGEMENT UNIT WILL HAVE TWO SECTIONS, ONE FOR DETAINEES IN ADMINISTRATIVE SEGREGATION; THE OTHER FOR DETAINEES BEING SEGREGATED FOR DISCIPLINARY REASONS. Y COMPONENTS Officers placing detainees in disciplinary segregation follow written procedures. Acorr'lptetEld Disciplinary Segregation Order accompanies the detainee into the SMU. Standard procedures include r~viewing the cases of individual detainees housed in disciplinary segregation at set intervals. The conditions of confinement in the SMU are proportional to the amount of control necessary to protect detainees and staff. All cells are equipped with beds that are securely fastened to the floor or wall of the cell. 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 receive three nutritious meals per day, selected from the Food Service's menu of the day. Detainees are allowed to maintain a normal level of personal hygiene, including the opportunity to shower and shave at least three times/week. A health care professional visits every detainee in disciplinary segregation every week day. All detainee-related activities are documented, e.g. meals served, recreation activities, visitors, etc. 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. N REMARKS NA 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ Pomona City Jail does not maintain a Special Management Unit (Disciplinary Segregation). Pomona City Jail does not maintain a Special Management Unit .(DiscipHnary Segregation). Pomona City Jail does not maintain a Special Management Unit (Disciplinary Segregation). Pomona City Jail does not maintain a Special Management Unit (Disciplinary Segregation). Pomona City Jail does not maintain a Special Management Unit (Disciplinary Segregation). Pomona City Jail does not maintain a Special Management Unit (Disciplinary Segregation). Pomona City Jail does not maintain a Special Management Unit (Disciplinary S~egation). Pomona City Jail does not maintain a Special Management Unit (Disciplinary Segregation). Pomona City Jail does not maintain a Special Management Unit (Disciplinary Segregation). Pomona City Jail does not maintain a Special Management Unit (Disciplinary Segregation). Pomona City Jail does not maintain a Special Management Unit (Disciplinary Segregation). ,- IZI ACCEPTABLE o DEFICIENT OAT-RISK o REPEAT FINDING FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 27 of35 REMARKS: A Special Management Unit (Disciplinary Segregation) is not maintained at this facility. b6, b7c January 10~11, 2008 AUDITOR'S SIGNATURE/DATE b6, b7c FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 28 of35 ~---+-~-~-~~- TOOL CONTROL --- ------- POLICY: IT IS THE POLICY OF ALL FACILITIES THAT ALL EMPLOYEES SHALL BE RESPONSIBLE FOR COMPLYING WITH THE TOOL CONTROL POLICY. THE MAINTENANCE SUPERVISOR SHALL MAINTAIN A COMPUTER GENERATED OR TYPEWRITTEN MASTER INVENTORY LIST OF TOOLS AND EQUIPMENT AND THE LOCATION IN WHICH TOOLS ARE STORED. THESE INVENTORIES SHALL BE CURRENT, FILED AND READILY AVAILABLE FOR TOOL INVENTORY AND ACCOUNTABILITY DURING AN AUDIT. y COMPONENTS The facility has a tool classification system. Tools are classified according to: Restricted (dangerous/hazardous); and Non-Restricted (non-hazardous). Each facility has procedures for the issuance of tools to staff and detainees. I:8l ACCEPTABLE D DEFICIENT D AT-RISK N NA 0 0 ~ 0 0 ~ REMARKS The City Maintenance Department performs all maintenance duties. Pomona City Jail does not possess any tools. D REPEAT FINDING REMARKS: All maintenance is completed by the Pomona City Maintenance Department. The facility does not possess any tools. b6, b7c January 10-11,2008 AUDITOR'S SIGNATURE/DATE b6, b7c ~ FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 29 of35 TRANSPORTATION -~-.~.~-~~----- POLICY: - - - - -- - - - - ------ ____ _ r_ --- LANDTRAN8POR:TA:TtON - ----- ----- - - - -- - -- ------- -- - ---- -- ---- THE IMMIGRATION AND NATURALIZATION SERVICE WILL TAKE ALL NECESSARY PRECAUTIONS TO PROTECT THE LIVES, SAFETY, AND WELFARE OF OUR OFFICERS, THE GENERAL PUBLIC, AND THOSE IN ICE CUSTODY DURING THE TRANSPORTATION OF DETAINEES. STANDARDS HAVE BEEN ESTABLISHED FOR PROFESSIONAL TRANSPORTATION UNDER THE SUPERVISION OF EXPERIENCED AND TRAINED DETENTION ENFORCEMENT OFFICERS OR AUTHORIZED CONTRACT PERSONNEL. ~ STANDARD NA: CHECK THIS BOX IF ALL ICE TRANSPORTATION IS HANDLED ONLY BY THE ICE FIELD OFFICE OR SUB-OFFICE IN CONTROL OF THE DETAINEE CASE. COMPONENTS YES Transporting officers comply with applicable local, state, and fede-ralmotor vehiCle laws and regulations. Records support this finding of compliance. Every transporting officer required to drive a commercial size bus has a valid Commercial Driver's License (CDL) issued by the state of employment. Supervisors maintain records for each vehicle operator. Officers use a checklist during every vehicle inspection. Officers report deficiencies affecting operability; and Deficiencies are corrected before the vehicle goes back into service. Transporting officers: Limit driving time t01 a hours in any 15 hour period; Drive only after eight consecutive off-duty hours; Do not receive transportation assignments after having been on duty, in any capacity, for 15 hours; Drive a 50-hour maximum in a given work week; a 70-hour maximum during eight consecutive days; During emergency conditions (including bad weather), officers may drive as long as necessary and safe to reach a safe area-exceedinQ the 1a-hour limit. Two officers with valid CDLs required in any bus transporting detainees. When buses travel in tandem with detainees, there are two qualified officers per vehicle. An unaccompanied driver may transport an empty vehicle. Before the start of each detail, the vehicle is thoroughly searched. Positive identification of all detainees being transported is confirmed. All detainees are searched immediately prior to boarding the vehicle by staff controlling the bus or vehicle. The facility ensures that the number of detainees transported does not exceed the vehicles manufacturer's occupanc~ level. Protective vests are provided to all transportinQ officers. The vehicle crew conducts a visual count once all passengers are on board and seated. Additional visual counts are made whenever the vehicle makes a scheduled or unscheduled stop. Policies and procedures are in place addressing the use of restraining equipment on transportation vehicles. Officers ensure that no one contacts the detainees. One officer remains in the vehicle at all times when detainees are present. Meals are provided during long distance transfers. The meals meet the minimum dietary standards, as identified by dieticians utilized by ICE. No NA 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 D 0 0 D 0 0 D 0 0 0 D 0 0 0 0 0 0 0 D 0 0 D 0 0 D 0 0 REMARKS FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 30 of35 .~ r-~-~~~ .. TRANSPORTATION ~~~' --------- - -- - --- --~- ----- ---------- ,- LAND TRANSPORTATION-···' ----- . ~--- ---- ------,-- --- -.~----- ---- - - --- POLICY: THE IMMIGRATION AND NATURALIZATION SERVICE WILL TAKE ALL NECESSARY PRECAUTIONS TO PROTECT THE LIVES, SAFETY, AND WELFARE OF OUR OFFICERS, THE GENERAL PUBLIC, AND THOSE IN ICE CUSTODY DURING THE TRANSPORTATION OF DETAINEES. STANDARDS HAVE BEEN ESTABLISHED FOR PROFESSIONAL TRANSPORTATION UNDER THE SUPERVISION OF EXPERIENCED AND TRAINED DETENTION ENFORCEMENT OFFICERS OR AUTHORIZED CONTRACT PERSONNEL. ~ STANDARD NA: CHECK THIS BOX IF ALL ICE TRANSPORTATION IS HANDLED ONLY BY THE ICE FIELD OFFICE OR SUB-OFFICE IN CONTROL OF THE DETAINEE CASE. COMPONENTS YES The vehicle crew inspects all Food Service pickups before acceptingaelivery (food wrapping, portions, quality, quantity, thermos-transport containers, etc.). Before accepting the meals, -the vehicle crew raises and resolves questions, concerns, or discrepancies with the Food Service representative; Basins, latrines, and drinking-water containers/dispensers are cleaned and sanitized on a fixed schedule. Vehicles have: Two-way radios; Cellular telephones; and EqUipment boxes stocked in accordance with the Use of Force Standard. The vehicles are clean and sanitary at all times. Personal property of a detainee transferring to another facility is: Inventoried; Inspected; and Accompanies the detainee. The following contingencies are included in the written procedures for vehicle crews: Attack Escape Hostage-taking Detainee sickness Detainee death Vehicle fire Riot Traffic accident Mechanical problems Natural disasters Severe weather Passenger list includes women or minors ~ ACCEPTABLE o DEFICIENT No NA 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 OAT-RISK o REMARKS REPEAT FINDING REMARKS: All transportation is handled only by the ICE Field Office or Sub-Office. b6, b7c Januarv 10-11, 2008 b6, b7c AUDITOR'S SIGNATURE/DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 31 of35 ~ ~~-~-~-~-- ,--~ -- -- - ~ -- --- -~~------- - -- ------- - -- USE OF FORCE --- ---- --- -------.----- ------ -- - ---- ----- - - ---- ---- ~~-- -- -- - --- - - --- ---.- --- - --, - - - ---- POLICY: THE U.S. DEPARTMENT OF HOMELAND SECURITY AUTHORIZES THE USE OF FORCE ONLY AS ALAST ALTERNATNE AFTER ALL OTHER REASONABLE EFFORTS TO RESOLVE A SITUATION HAVE FAILED. ONLY THAT AMOUNT OF FORCE NECESSARY TO GAIN CONTROL OF THE DETAINEE, TO PROTECT AND ENSURE THE SAFETY OF DETAINEES, STAFF AND OTHERS, TO PREVENT SERIOUS PROPERTY DAMAGE AND TO ENSURE INSTITUTION SECURITY AND GOOD ORDER MAYBE USED. PHYSICAL RESTRAINTS NECESSARY TO GAIN CONTROL OF ADETAINEE WHO APPEARS TO BE DANGEROUS MAYBE EMPLOYED WHEN THE DETAINEE: COMPONENTS YES No NA REMARKS There is a use of force policy outlining immediate and calculated ~ D D use of force, and confrontation avoidance. Staff members are trained in the performance of the Use-ofAll jail staff receive 24 hours D D ~ annual training. Force Team Technique. All use-of-force incidents are documented and reviewed. ~ D D Staff: Do not use force as punishment; Attempt to gain the detainee's voluntary cooperation before D D ~ resorting to force; Use only as much force as necessary to control the detainee; and Medication may only be used for restraint purposes when Medication is not utilized at D ~ D the facility. authorized by the Medical Authority as medicall',' necessary. In immediate-use-of-force situations, staff contacts medical staff D D ~ once the detainee is under control. Special precautions are taken when restraining pregnant Pregnant detainees are not detainees. D D ~ accepted at the facility. Medical personnel are consulted The officers are thoroughly trained in the use of soft and hard Soft restraints are not utilized D D ~ restraints. at this facility. All movement is videotaped For incidents involving calculated use of force, a videotape is made and retained for review. in the facility. The Watch D D ~ Commander reviews calculated use of force tapes. IZI ACCEPTABLE o DEFICIENT OAT-RISK o REPEAT FINDING REMARKS: M-26 TASER Staff at the Pomona City Jail are authorized to carry and use the M-26 TASER as a Less-Than-Lethal piece of equipment. As with all devices, training in the correct use and care of the M-26 is required. No member of the Pomona City jail is authorized to carry or use the M-26 without training and proper certification. Only senior jailers are certified. All discharges must be properly documented and reviewed. All uses of the M-26 require completion of a "Use of Force" form by a supervisor and review by a higher authority. Additionally, the use of the M-26 is reviewed every three months. This information is maintained in the instructor's file and Captain's office. Accidental discharges require a memorandum from the staff member and a follow-up investigative report. There is no report of a TASER being used on a detainee. b6, b7c January 10-11, 2008 b6, b7c AUDITOR'S SIGNATURE/DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 32 of35 STAFF DETAINEE COMMUNICATIONS _._POLICY: PROCEDURES MUST BE IN PLACE TO ALLOW FOR FORMAL AND INFORMAL CONTACT BETWEEN KEY FACILITY STAFF AND ICE STAFF AND ICE DETAINEE AND TO PERMIT DETAINEES TO MAKE WRITTEN REQUESTS TO ICE STAFF AND RECEIVE AN ANSWER IN AN ACCEPTABLE TIME FRAME. COMPONENTS Y N NA REMARKS .--~-----~- --- - -------------- - -~------ ~-------- ---~--. -,-- ___ _ r_ _ _ _ _ _ _ _ _ _ _ _ _. _ . ___ ICE Information Request Forms are available at the IGSA for use by ICE detainees. The IGSA treats detainee correspondence to ICE staff as Special Correspondence. o ACCEPTABLE [8] DEFICIENT - ~ ----~--- --- - --------~-- 0 ~ 0 ~ 0 0 o OAT-RISK - ~ _ _ _ _ _ • __ ---------~- ,~~' ____ ~r ____ -- Not available. REPEAT FINDING REMARKS: ICE Information Request Forms are not available at this facility for use by ICE detainees. b6, b7c January 10-11, 200 AUDITOR'S SIGNATUREIDATE b6, b7c _,~ ! FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 33 of35 ------ DETAINEE TRANSFER STANDARD - - --- -, ~- ~----,- ,- ----- ---- ----- ------------~~--------~~- --- ---------~~-- - ---~ ,~- -- - -- -- -- --~---- ~,- --------.- - ----~ -- -- ~--- POLICY: ICE WILL MAKE ALL NECESSARY NOTIFICATIONS WHEN A DETAINEE IS TRANSFERRED. IF A DETAINEE IS BEING TRANSFERRED VIA THE JUSTICE PRISONER ALIEN TRANSPORTATION SYSTEM (JPATS), ICE WILL ADHERE TO JPATS PROTOCOLS. IN DECIDING WHETHER TO TRANSFER A DETAINEE, ICE WILL TAKE INTO CONSIDERATION WHETHER THE DETAINEE IS REPRESENTED BEFORE THE IMMIGRATION COURT. IN SUCH CASES, THE FIELD OFFICE DIRECTOR WILL CONSIDER THE DETAINEE'S STAGE WITHIN THE REMOVALPROCESS, wHETHER THE DETAINEE'S ATTORNEY IS LOCATED WITHIN REASONABLE DRIVING DISTANCE OF THE FACILITY, AND WHERE THE IMMIGRATION COURT PROCEEDINGS ARE TAKING PLACE. COMPONENTS Y N NA REMARKS When a detainee is represented by legal counselor a legal representative, and a G-28 has been filed, the representative of record is notified by the detainee's Deportation Officer. The notification is recorded in the detainee's file; and When the A File is not available, notification is noted within DACS Notification includes the reason for the transfer and the location of the new facility. The deportation officer is allowed discretion regarding the timing of the notification when extenuating circumstances are involved. The attorney and detainee are notified that it is their responsibility to notify family members regarding a transfer. Facility policy mandates that: Times and transfer plans are never discussed with the detainee prior to transfer; The detainee is not notified of the transfer until immediately prior to departing the facility; 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 Form. Form G-391 or equivalent authorizing the removal of a detainee from a facili!y is used. For medical transfers: The Detainee Immigration Health Service (or IGSA) (DIHS) Medical Director or designee approves the transfer; Medical transfers are coordinated through the local ICE office; and A medical transfer summary is completed and accompanies the detainee. Detainees in ICE facilities having DIHS staff and medical care are transferred with a completed transfer summary sheet in a sealed envelope with the detainee's name and A-number, and the envelope is marked Medical Confidential. For medical transfers, transporting officers receive instructions regarding medical issues. Detainee's funds, valuables, and property are returned and transferred with the detainee to his/her new location. Transfer and documentary procedures outlined in Section C and D are followed. Meals are provided when transfers occur during normally schedule meal times. An A File or work folder accompanies the detainee when transferred to a different field office or sub-office. Files are forwarded to the receiving office via overnight mail no later than one business day following the transfer. ~ 0 0 Standard practice ~ 0 0 The information is fa'xed to the jail. ~ 0 0 ~ 0 0 ~ 0 0 This is a standard practice; transfer times are never discussed with detainees. 0 ~ 0 No documentation was provided. ~ 0 0 Pomona City Jail has a form. 0 0 ~ This is an Under 72-Hour facility used as a short-term transfer layover site. 0 0 ~ This is an IGSA. 0 0 ~ ~ 0 0 Medical transfers do not pass through this facility. All property leaves with the detainee. 0 0 ~ ~ 0 0 ICE provides the meals. ~ 0 0 ICE handles the files. ~ 0 0 FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 34 of35 DETAINEE TRANSFER STANDARD --1-----. --POLICY: ICE\viiL MAKE ALL NECESSARYNOTIFICATIONS WHEr-iADETAINEE IS TRANSFERRED. IF A DETAINEE IS BEING TRANSFERRED VIA THE JUSTICE PRISONER ALIEN TRANSPORTATION SYSTEM (JPATS), ICE WILL ADHERE TO JPATS PROTOCOLS. IN DECIDING WHETHER TO TRANSFER A DETAINEE, ICE WILL TAKE INTO CONSIDERATION WHETHER THE DETAINEE IS REPRESENTED BEFORE THE IMMIGRATION COURT. IN SUCH CASES, THE FIELD OFFICE DIRECTOR WILL CONSIDER THE DETAINEE'S STAGE WITHIN THE REMOVALPROCESS, WHETHER THE DETAINEE'S ATTORNEY IS LOCATED WITHIN REASONABLE DRIVING DISTANCE OF THE FACILITY, AND WHERE THE IMMIGRATION COURT PROCEEDINGS ARE TAKING PLACE. --- ~- ---- ---- --- COMPONENTS IZI ACCEPTABLE o - I DEFICIENT - - - - y OAT-RISK I N o - - ---------- ---- ---: ~ - -- -~--- I NA I - -- -- -- ------------ --,-- REMARKS REPEAT FINDING _REMARKS: ICE makes all necessary notifications when a detainee is transferred. This facility receives a telephone call, followed by a fax, from the ICE Field. Staff at this facility are comfortable with this procedure. b6, b7c January 10-11, 2008 AUDITOR'S SIGNATURE/DATE b6, b7c J/L. "' FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 35 of35