ICE Detention Standards Compliance Audit - San Bernardino Central Detention Center, San Bernardino, CA, ICE, 2008
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Office ofDetention and Removal Operations U.S. Department of Homeland Security 425 I Street, NW Washington, DC 20536 u.s. Immigration and Customs Enforcement JAN 0 2 2009 MEMORANDUM FOR: b6, b7c Field Office Director Los Angeles Fiel Office ~<. FROM: 1 / A::s:-;;Tr."h..~:::j )~ . / SUBJECT: Annual Detention Review The annual review of San Bernardino Central Detention Center in San Bernardino, California, conducted on May 14-15, 2008, has been received. The Review Authority has assigned an interim rating of Deficient due to the use of Electro Muscular Disruption Devices (EMDD) in this facility; otherwise a rating of "Acceptable" would have been assigned. The policy regarding the use ofEMDDs 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 is 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, G-324B Worksheet, RIC Summary Memorandum, and this memorandum. 2) The next annual review will be scheduled on or before May 15,2009. Should you or your staff require additional information regarding this matter, please contact Y b6, b7c Deputy Assistant Director, Detention Management Division, (202) 732- cc: b2 high, (b)(6), (b)(7)(C) FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENS b6, b7c ICE Detention Standards Compliance Review San Bernardino Central Detention Center May 14-15,2008 REPORT DATE - May 16,2008 reative corrections Contract Number: ODT-6-D-0001 Order Number: HSCEOP-07-F-OI016 Percy H. Pitzer, Executive Vice President Creative Corrections 6415 Calder, 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 USE ONLY (LAW ENFORCEMENT SENSITIVE) • "." •C ~ • . e; reative corrections 6415 Calder, Suite B • Beaumont, Texas 77706 409.866.9920 • www.correctionalexperts.com Making a Difference! May 16, 2008 MEMORANDUM FOR: James T. Hayes, Jr. Acting Director Office of Detention and jJtn--' FROM: Reviewer~~ Creative Corrections SUBJECT: San Bernardino Central Detention Center Annual Review b6, b7c b6, b7c Creative Corrections conducted an Annual Detention Review (ADR) of San Bernardino Central Detention Center in San Bernardino, California, on May 14-15, 2008. The facility is operated by the San Bernardino Sheriffs Office. As noted on the attached documents, the team of b6, b7c b6, b7c Subject Matter Experts (SME) included Security; b6, b7c b6, b7c Health Services; , Safety; and Food Services. A closeout meeting to discuss the review findings and recommendations was conducted with b6, b7c Lieutenant b6, b7c , Sergeant and staff on May 15, 2008. Type of Review This review is a scheduled Detention Standard Review to determine general compliance with established ICE National Detention Standards for facilities used for under 72 hours. Review Summary The facility is not accredited by American Correctional Association (ACA), National Commission on Correctional Health Care (NCCHC), or the Joint Commission on Accreditation of Healthcare Organizations (JCAHO). Standards Compliance The following statistical information provides a direct comparison of the 2007 ADR and this ADR conducted for 2008. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) • May 23, 2007 Review Compliant Deficient At-Risk Not-Applicable • May 14-15, 2008 Review 27 o o 1 Compliant Deficient At-Risk Not-Applicable 26 o o 2 Recommended Rating and Justification It is the Reviewer-in-Charge (RIC) recommendation that the facility receive a rating of "Acceptable." RIC Assurance Statement All fIndings ofthis review have been documented on the Detention Review Worksheet and are supported by the written documentation contained in the review fIle. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) I ---- \«0~, tc..reative . 'c. cor·rections DETENTION FACILITY INSPECTION FORM FACILITIES USED LESS THAN 72 HOURS A. TYPE OF FACILITY REVIEWED ICE Service Processing Center 0 ICE Contract Detention Facility 0 ICE Intergovernmental Service Agreement ~ Basic Rates per Man-Day 66.00 Other Charges: (If None, Indicate N/A) N/A; N/A; N/A; ~ N/A B. CURRENT INSPECTION Estimated Man-days Per Year 260,000 Type of Inspection Field Office ~ HQ Inspection Date[s] of Facility Review May 14-15, 2008 o G. ACCREDITATION CERTIFICATES ~ N/A List all State or National Accreditation[s] received: C. PREVIous/MOST RECENT FACILITY REVIEW Date[s] of Last Facility Review May 23, 2007 Previous Rating Superior 0 Good ~ Acceptable 0 Oeficient 0 At-Risk H. PROBLEMS / COMPLAINTS (COPIES MUST BE ATT ACHED) 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 ~ None o D. NAME AND LOCATION OF FACILITY Name San Bernardino Central Detention Center Address 630 E. Rialto Ave. City, State and Zip Code San Bernardino, Ca. 92415 County San Bernardino Name and Title of Chief Executive Officer (Warden/OIC/Superintendent) Captain b6, b7c Telephone Number (Include Area Code) 909-386- b6, b7c Field Office / Sub-Office (List Office with Oversight) Los Angeles Distance from Field Office 65 miles and 2 miles from San Bernardino Sub-Office E. ICE INFORMATION Name of Inspector (Last Name, Title and Duty Station) / RIC / Beaumont, Texas b6, b7c Name of Team Member / Title / Duty Location b6, b7c SME / Safety Name of Team Member / Title / Duty Location b6, b7c 1 SME / Food Services Name of Team Member / Title / Duty Location b6, b7c / SME / Security Name of Team Member / Title / Duty Location b6, b7c / SME / Medical Name of Team Member / Title / Duty Location / / F. CDFIIGSA INFORMATION ONLY Contract Number ' Date of Contract or IGSA 12-01-2002 12-99-0035 I o o I. FACILITY HISTORY Date Built 1971 Date Last Remodeled or Upgraded 1996 Date New Construction / Bed Space Added N/A Future Construction Planned Yes ~ No Date: Current Bed space Future Bed Space (# New Beds only) lO36 Number: NIA Date: o J. TOTAL FACILITY POPULATION Total Facilitv Intake for Previous 12 months 18,387 Total ICE Man Days for Previous 12 months 260,221 ."'~" CLASSIFICATION LEVEL (ICE SPCs AND CDFs ONLY) ";'.,', L-l L-2 L-3 N/A N/A N/A AdultMa1e Adult Female N/A N/A N/A L. FACILITY CAPACITY .: ;:';;j;.. .. .• Rated 866 AdultMa1e 170 Adult Female Operational 866 170 Emerj;!ency 866 170 o Facility Holds Juveniles Offenders 16 and Older as Adults ;;w;£~~jfE DAILY POPULATION :....... AdultMa1e Adult Female ICE 35 25 N. FACILITY STAFFING LEVEL C< >J' b2 high FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/3/07) -rr b2 high USMS 276 48 Other 500 50 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 ofICE 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 ofICE detainees from your facility. Assault: Offenders on Offenders l With Without Assault: Detainee on Staff Physical Physical Physical Physical 6 3 20 14 24 26 0 0 IPhysical 0 0 0 0 0 0 0 0 0 2 Number of Forced Moves, incl. Forced Cell Moves3 # Times Four/Five Point Restraints Applied/Used Offender / Detainee Medical Referrals as a Result of Injuries Sustained. Escapes Actual Grievances: of 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 79 93 139 140 60 55 90 85 0 0 0 0 0 0 0 0 82 81 90 86 10 6 10 8 0 0 0 Deaths Psychiatric / Medical Referrals Number # Medical Cases Referred for Outside Care # Psychiatric Cases Referred for Outside Care Any attempted physical contact or physical contact that involves two or more offenders Oral, anal or vaginal penetration or attempted penetration involving at least 2 parties, whether it is consenting or non-consenting Routine transportation of detainees/offenders is not considered "forced" . . . major fires·, or other large scale incidents. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) hosta e situations ------------------------------ DHS/ICE DETENTION STANDARDS REVIEW SUMMARY REpORT 1. ACCEPTABLE 5. 6. 7. 8. 9. 2. DEFICIENT 3. AT-RISK 4. REPEAT 5. NOT FINDING APPLICABLE Admission and Release Classification System Detainee Handbook Food Service Funds and Personal Property Detainee Grievance Procedures Issuance and Exchange of Clothing, Bedding, and Towels Practices 11. Medical Care 12. Suicide Prevention and Intervention SECURITY AND 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. Detention Files Disciplinary Policy Emergency Plans Environmental Health and Safety Hold Rooms in Detention Facilities Key and Lock Control Population Counts Security Inspections Special Management Units (Administrative Detention) Special Management Units (Disciplinary Segregation) Tool Control Transportation (Land management) Use of Force Staff / Detainee Communication (Added August 2003) Detainee Transfer (Added September 2004) FINDINGS OF DEFICIENT AND AT-RISK REQUIRE WRITTEN COMMENT DESCRIBING THE FINDING AND IS NECESSARY TO REACH COMPLIANCE. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) ------------------------------ RIC -- REVIEW ASSURANCE STATEMENT By SIGNING BELOW, THEREVIEWER-IN-CHARGE (RIC) CERTIFIES THAT: I. 2. 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 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 Print Name, Title, & Duty Location b6, b7c Print Name, Title, & Duty Location , SME Medical b6, b7c Print Name, Title, & Duty Location b6, b7c SME Safety Print Name, Title, & Duty Location SME Food Services RECOMMENDED RATING: b6, b7c SME Security cgj ACCEPTABLE o DEFICIENT OAT-RISK COMMENTS: The facility uses the Taser, however, it has not been used on a detainee in the last year. There were no detainee deaths or uses of force to report. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) MANAGEMENT REVIEW • .' REVIEW AUTHORITY l)IE SIGNATURE BELOW CONSTITIITES REVIEW ANO ACCEPTANCE OF THIS REPORT BY THE REVIEW AUTHORITY. FOD/OIC/CEO WILL HAVE THIRTY (30) CALENDAR DAYS FROM RECEIPT OF THIS REPORT TO RESPOND TO ALL FINDINGS AND RECOMMENDATIONS. ORO MANAGEMENT REVIEW: (print Name) ~~ FINAL RATING: o ACCEPTABLE IZI DEFICIENT OAT-RISK COMMENTS: The Review Authority has downgraded the recommended rating of "Acceptable" to Deficient due to the use of Electro Muscular Disruption Devices (TASER). FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE\ Creative Corrections 6415 Calder, Suite B Beaumont, Texas 77706 ICE Detention Standards Review Worksheet (This document must be attached to each Inspection Form) This Form to be used for Inspections of Facilities used less than 72 Hours reative corrections ~ D D Local Jail- IGSA State Facility - IGSA ICE Contract Detention Facility Name San Bernardino Central Detention Center Address (Street and Name) 630 E. Rialto Ave. City, State and Zip Code San Bernardino, Ca. 92145 County San Bernardino Name and Title of Chief Executive Officer (Warden/OIC/Superintendent) b6, b7c Captain Name and Title of Reviewer-In-Charge n b6, b7c Date[s] of Review May 14-15,2008 Type of Review ~ Headquarters D Operational DSpecial 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 ......................................................................................................................... 6 ADMISSION AND RELEASE ............................................................................................................................................................... .. CLASSIFICATION SYSTEM ................................................................................................................................................................. . DETAINEE HANDBOOK ..................................................................................................................................................................... . FOOD SERVICE .................................................................................................................................................................................. . FUNDS AND PERSONAL PROPERTY ................................................................................................................................................. .. DETAINEE GRIEVANCE PROCEDURES .............................................................................................................................................. . ISSUANCE AND EXCHANGE OF CLOTHING, BEDDING, AND TOWELS ............................................................................................. .. RELIGIOUS PRACTICES ...................................................................................................................................................................... . SECTION III. HEALTH SERVICES STANDARDS .......................................................................................................................... 16 MEDICAL CARE ................................................................................................................................................................................. . SUICIDE PREVENTION AND INTERVENTION .................................................................................................................................... .. SECTION IV. SECURITY AND CONTROL STANDARDS .............................................................................................................. 20 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 .......................................... :........................................................................................................................................ . STAFF/DETAINEE COMMUNICATIONS .............................................................................................................................................. . DETAINEE TRANSFER STANDARD ..............................•...... ;.............................................................................................................. . 2 © 2007 Creative Corrections, LLC (Rev. 12/8/07) SECTION I. LEGAL ACCESS STANDARDS 3 © 2007 Creative Corrections, ILC (Rev. 12/8/07) There is a written visitation schedule and hours for general visitation. D D The visitation schedule and rules are available to the public. ~ D D A general visitation log is maintained. ~ D D ~ D D . Visitors are searched and identified according to standard requirements. ~ ACCEPTABLE DDEFICIENT D AT-RISK The visitation schedule and hours for general and legal visits are in the detainee handbook and posted in the front of the They are available upon request and posted in the front lobby of the Visiting logs are maintained on all detainee visits. D REPEAT FINDING REMARKS: All detainees are permitted to visit with family and friends who are on their approved visiting list. Legal visits are permitted seven days a week if the attorney gives 24 hours notice. b6, b7c May 15, 2008 AUDITOR'S SIGNATUREillATE r b6, b7c 4 © 2007 Creative Corrections, LLC (Rev. 12/8/07) ',.;.' '. . ; :;/ ·.l;~lf~ .ift,,;c',,,,'~. i~,~~i'~~~~~~~~'c~f~~,~~~~?,rAt_c il\1\L&~.i6~I~{i~~t'< ~.ICE riET~E~S WI~t ~~RMI~~E~AINE~;',Detainees are allowed access to telephones during established facility wakin hours. Upon admittance, detainees are made aware of the facility's telephone access olic . Detainees are afforded a reasonable degree of privacy for legal phone calls. ~ 0 0 ~ 0 0 ~ 0 0 Emergency phone call messages are innnediately given to detainees. ~ 0 0 Detainees are allowed to return emergency phone calls as soon as possible. ~ 0 0 Detainees in disciplinary segregation are allowed phone calls to consular/embass officials. The OIG phone number for reporting abuse is programmed into the detainee phone system and the phone number was checked by the ins ector durin the review. Detainees in disciplinary segregation are allowed phone calls for family ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 When detainee phone calls are monitored, notification is posted by detainee telephones that phone calls made by the detainees may be monitored. S ecial Access calls are not monitored. ~ ACCEPTABLE o DEFICIENT OAT-RISK Telephones are available in all detainee livin areas. Upon a request from the detainee. Special access calls are not monitored. o REPEAT FINDING REMARKS: Detainees have access to the telephones throughout the day and evening hours until 10 p.m. b6, b7c /May 15, 2008 /L~ NATURE/DATE ' / ' b6, b7c 5 © 2007 Creative Corrections, LLC (Rev. 12/8/07) SECTION II. DETAINEE SERVICES STANDARDS 6 © 2007 Creative Corrections, LLC (Rev. 12/8/07) ~ D D By video and is also addressed in the detainee handbook. Medical screenings are performed by medical staff or persons who have received specialized training for the purpose of conducting an initial health ~ 0 D Performed by mediCal staff. All new arrivals are searched in 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 ~ D D ~ D D ~ D D All searches are documented ~ 0 D Also reviewed by the supervisor. D D ~ None have been reported. ~ 0 0 ~ 0 0 Detainees are stripped searched only when cause has been established and not as routine policy. Non-criminal detainees are not strip-searched but are unless reasonable 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 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 fur every lost or 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. ~ ACCEPTABLE o DEFICIENT OAT-RISK Upon request from the detainee. o REPEAT FINDING REMARKS: Admissions procedures include medical screening, body search, and search of personal belongings. The personal belongings are inventoried, documented, and safeguarded. b6, b7c lMay 15, 2008 AUDITOR'S SIGNATUREIDATE k. /D - - b6, b7c 7 © 2007 Creative Corrections, LLC (Rev. 12/8/07) This is covered in Policy 9/800, classification section. r:8l ACCEPTABLE o DEFICIENT OAT-RISK o REPEAT FINDING REMARKS: The San Bernardino Detention Center classification system ensures that each detainee is placed in the appropriate category. b6, b7c /MayI5,2008 AUDITOR'S SIGNATURE/DATE ill.tn. - b6, b7c 8 © 2007 Creative Corrections, lLC (Rev. 12/8/07) o The detainee handbook is written in English and translated into Spanish, or into the next most-prevalent Language(s). The detainee handbook states in clear language 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. ~ ACCEPTABLE 0 DEFICIENT o 0 0 0 AT-RISK o o This document is titled Inmate Rules and Regulations. o The handbook, although very detailed in many areas, does not fully address any of these listed issues except contraband and limited visiting information. o This is an informative handbook, but does not include offense severity scale, sanctions, time limits, or a summary of the disciplinary process. o REPEAT FINDING REMARKS: San Bernardino Central Detention Center has developed a site-specific detainee handbook that serves as an overview of, and guide to, the detention policies, rules, and procedures in effect at the facility. This booklet, although very detailed and informative in many areas, does not address initial issue of clothing and bedding, personal hygiene items, when a medical examination willbe conducted, telephone policy with respect to debit card procedures, direct and free calls, location of telephones, policy when telephone demand is high, emergency phone calls, detainee message system, facility search procedures, visiting hours, or visiting rules and regulations. To be fully compliant with ICE standards, these issues should be incorporated in the existing handbook. b6, b7c May 15, 2008 ~ b6, b7c AUDITOR'S SIGNATUREIDATE , - - 9 © 2007 Creative Corrections, ILC (Rev. 12/8/07) 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. o o o o o o o o o o o o o o o o o o o o A registered dietitian conducts a complete nutritional analysis of every master-cycle menu planned. The food service program addresses medical diets. Satellite-feeding programs follow guidelines for proper sanitation. Hot and cold foods are maintained at the prescribed, "safe" temperature(s) after two hours. (140 degrees for hot - 40 degrees for cold) All meals are provided in nutritionally adequate portions. Food is not used to punish or reward detainees based upon behavior. The Culinary Supervisor has over 20 years of correctional food service experience. He has been in his current position for approximately 8 years. The knife cabinet is equipped with an approved correctional pad lock. The duty cook is the only staff member with a key to the cabinet. When knives are being used, they are not secured to the workstations. Detainees are provided three meals per day. The meals times are listed as breakfast - 4:30 a.m., lunch - 10:30 a.m., and dinner4:30 p.m. There are 12 hours between the evening and breakfast meals. A certified nutritional analysis is completed annually on the menu. The analysis is based on the California Uniform Retail Food Facilities Law (CURFFL). The menu meets all CURFFL requirements. The Food Service program provides numerous medicaldiets. The diets include but are not limited to reduced calorie, soft, clear liquid, and high protein. A tour of all satellite feeding areas revealed that proper sanitation guidelines were in place and being followed. All food temperatures were documented as being within policy. All food items are transported and consumed in accordance with industry standards. Portion sizes are listed on the menu. Portions provided were in accordance with the portions listed on the menu. Food is not used as a reward or as a punishment. 10 © 2007 Creative Corrections, LLC (Rev. 12/8/07) Standard operating procedures include weekly inspections of all food service areas, including dining and food-preparation areas and equipment o o o o Procedures include inspecting all incoming food shipments for damage, contamination, and pest infestation. o o Storage areas are locked. o o Equipment is inspected daily. ~ ACCEPTABLE o DEFICIENT OAT-RISK o The Culinary Supervisor conducts a daily walk through inspection with his staff. A documented weekly inspection is conducted by the Culinary Supervisor and Watch Commander. The results are forwarded to the All equipment is inspected daily by the PM Cook. Any discrepancies are noted and forwarded to the Culinary REPEAT FINDING REMARKS: The sanitation in the department was noted as very good. The department conducts documented daily training sessions with all assigned detainees. The department utilizes progressive cooking techniques that reduce cost and enhance the overall food program. Detainee workers were in neat clean uniforms and wore all required protective gear. b6, b7c /MayI5,2008 AUDITOR'S SIGNATUREIDATE ~ /0 b6, b7c 11 © 2007 Creative Corrections, LLC (Rev. 12/8/07) 0 0 ~ ICE maintains custody of all and funds. 0 0 ~ ICE maintains custody. 0 0 ~ ICE retains the detainee's funds and property. ~ 0 0 ~ 0 0 Staff procedures follow written policy for returning forgotten property to detainees. Property discrepancies are immediately reported to the CDEO or Chief of 0 0 ~ ICE maintains all property 0 0 ~ ICE does this CDFIIGSA facility procedures for handling detainee property claims are . similar with the ICE standard. 0 0 ~ ICE maintains all property. Detainee funds and valuables are properly separated, stored, and are accessible Detainees' large valuab les are secured in a location accessible to designated staff Two officers are present during the processing of detainee funds and valuables during in-processing to the facility. Both officers verifY funds and valuables. Staffforwards an arriving detainee's medicine to the medical staff. Staff searches arriving detainees and their personal property for contraband. o ~ ACCEPTABLE DEFICIENT OAT-RIsK o All medication is turned over to medical immediately upon arrival. All detainees are pat searched prior to being escorted to their unit. REPEAT FINDING REMARKS: ICE maintains custody of all property and funds. The facility accepts no property or funds. b6, b7c May 15, 2008 k AUDITOR'S SIGNATUREIDATE ' \ ..,.. ~ b6, b7c 12 © 2007 Creative Corrections, LLC (Rev. 12/8/07) 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 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 official in a CDF/IGSA to ICE. o DEFICIENT I2?l ACCEPTABLE o o o o OAT-RISK o This is a positive no response. o Automated log system is in place. o There is no mention ofICE o REPEAT-FINDING REMARKS: Facility policy does not require staff to forward grievances involving officer misconduct to ICE. b6, b7c May 15, 2008 AUDITOR'S SIGNATURE/DATE \ ~ b6, b7c V" 13 © 2007 Creative Corrections, LLC (Rev. 12/8/07) All new detainees are issued clean, temperature-appropriate, presentable clothing during in-processing. New detainees are issued clean bedding, linens, and a towel. ~ ACCEPTABLE 0 DEFICIENT 0 ~ 0 o ~ 0 o AT-RISK o REPEAT FINDING REMARKS: Laundry Services provides clean clothing, bedding, linens and towels for new arrivals with regular exchanges. b6, b7c lMay 15, 2008 AUDITOR'S SIGNATURE/DATE ~. ,~' b6, b7c - 14 © 2007 Creative Corrections, LLC (Rev. 12/8/07) The facility allows detainees to observe the major "holy days" of their religious faith. Each detainee is allowed religious items in hislher immediate possession. o DEFICIENT ~ ACCEPTABLE o o o o o o OAT-RISK Detainees are permitted to participate in services of their choice. Detainees are permitted to participate in all religious activities. Detainees are permitted to have one soft back religious book in their possession. o REPEAT FINDING REMARKS: Detainees are authorized to participate in all religious activities offered at the facility. b6, b7c /May 15,2008 AUDITOR'S SIGNATUREiDATE '1L v b6, b7c '- 15 © 2007 Creative Corrections, LLC (Rev. 12/8/07) SECTION III. HEALTH SERVICES STANDARDS 16 ENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) / ... -- J1¥;:~~~iifJ~7;~;}J~C"QijP.&~NTS:~{~f Facilities operate a health care facility in compliance with state and local laws and guidelines. o o ~ 0 0 ~ 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. Pharmaceuticals are stored in a secure area. Medical screening includes a Tuberculosis (TB) test. Detainees in the Special Management Unit have access to health care services. The facility has a written plan for the delivery of24-hour emergency health care when no medical personnel are on duty at the facility, or when immediate outside medical attention is required. Detention staff is trained to respond to health-related emergencies within a 4-minute res onse time. Where staff is used to distribute medication, a health care provider properly trains these officers. The medical unit kee s written records of medication that is distributed. Detainees are required to sign a refusal to consent form when medical treatment is refused. ~ ACCEPTABLE o DEFICIENT 0 ~ 0 ~ 0 0 San Bernardino Central Detention Center (SBCDC) operates its medical department pursuant to California Title 15 Jail Standards. There are 9 fulltime county employees that include 7 nurses, 1 medical assistant, and one Health Services Supervisor. Part time employees include a physician, h sician's assistant, and dentist. All arriving federal detainees are screened by medical staff. Local Policy #302.1 outlines the procedures to complete this screenin . Medical services are available 24 hours per day, seven days per week. ICE detainees do not remain at the facility for more than 48 hours; therefore, PPD testing cannot be com leted. ~ 0 0 0 0 0 0 ~ There is no written plan; however, nursing staff knows to call 911 for all emergencies. Emergency medical backup is rovided b local ER doctors. All sworn officers are CPR certified. Only medical staff distributes medication. 0 0 Local Policy 304.1 outlines rocedures for this standard. 0 ~ ~ 0 OAT-RIsK o REPEAT FINDING 17 © 2007 Creative Corrections, LLC (Rev. 12/8/07) REMARKS: San Bernardino Central Detention Center (SBCDC) operates its medical department pursuant to California Title 15· Jail Standards. The current Nursing Operational Procedure Manual is required by California Title 15 to be reviewed on an annual basis. Many of the procedures have not been reviewed within the one-year time frame. The medical staff is in the process of reviewing and updating all standards at this time. The Operational Procedure Manual does not contain a written plan for the delivery of24-hour emergency health care when immediate outside medical attention is required. b6, b7c lMay 15, 2008 AUDITOR'S SIGNATURE/DATE 1~ ~~ b6, b7c 18 © 2007 Creative Corrections, LLC (Rev. 12/8/07) Every new staff member receives suicide-prevention training. Suicideprevention training occurs during the employee orientation program. Training prepares staff to: • Recognize potentially suicidal behavior; • Refer potentially suicidal detainees, following facility procedures; and • Understand and apply suicide-prevention techniques. 0 ~ ACCEPTABLE DEFICIENT D D D D OAT-RISK o All sworn officers receive suicide prevention training during their orientation and yearly thereafter. REPEAT FINDING REMARKS: All staff members working with ICE detainees are trained to recognize suicide risk indicators. A clinically suicidal detainee will receive preventative supervision and treatment. b6, b7c /May 15,2008 Auditor's Signature/Date L 1 b6, b7c v " 19 © 2007 Creative Corrections, LLC (Rev. 12/8/07) SECTION IV. SECURITY AND CONTROL 20 © 2007 Creative Corrections, LLC (Rev. 12/8/07) The facility follows a written procedure for handling illegal contraband. Staff inventory, hold, and report it when necessary to the proper authority for action/possible seizure. Upon admittance, detainees receive notice of items they can and cannot possess. [gJ ACCEPTABLE [gJ DEFICIENT o o o o OAT-RISK Policy 6/900 discusses cell shakedowns. o REPEAT FINDING REMARKS: Detainees are afforded the opportunity to view the orientation video daily at 1:00 p.m. on any television within the facility. b6, b7c May 15, 2008 AUDITOR'S SIGNATURE/ DATE L ~~ b6, b7c 21 © 2007 Creative Corrections, LLC (Rev. 12/8/07) A detention file is created for every new arrival whose stay will exceed 24 hours. The detainee detention file either originals or copies of documentation and forms the admissions The detainee's detention file also contains documents generated during the detainee's custody. • Special requests • Any G-589s and/or I-77s closed-out during the detainee's stay • Disciplinary forms/Segregation forms • Grievances and the 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. A detention file is created if the detainee's exceeds 24 hours. D D D D A review of detainee files revealed all forms and information were present for review. D D D D D D D D Staff makes copies and sends documents from the file when properly requested by supervisory personnel at the receiving facility or office. D D If the receiving facility makes the request. 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 D D All files are logged in and out. The files were locked in a file 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 1-385 or and other documentation. The officer closing the detention file makes a notation that the file is and to be archived. -_._._<- I2l ACCEPTABLE DDEFICIENT D AT-RISK D REPEAT FINDING REMARKS: Detainee files that were reviewed had all information and documentation required. b6, b7c May 15. 2008 ATUREIDATE ~ .~ - b6, b7c - 22 © 2007 Creative Corrections, ILC (Rev. 12/8/07) The facility has a written disciplinary system using progressive levels of reviews and appeals. The facility rules state that disciplinary action shall not be capricious or retaliatory. Written rules prohibit staff from imposing or permitting the following sanctions: • corporal punishment • deviations from normal food service • clothing deprivation • bedding deprivation • denial of personal hygiene items • loss of correspondence privileges • deprivation of physical exercise The rules of conduct, sanctions, and procedures for violations are 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. r:gj ACCEPTABLE o DEFICIENT r:gj 0 0 r:gj 0 0 r:gj 0 0 Policy # 12/2320.45 prohibits staff from imposing these sanctions. r:gj 0 0 The detainees received this in writing and by videotape. r:gj 0 0 This is in the detainee handbook and posted in the detainee living units. r:gj 0 0 OAT-RISK Policy # 1212320.45 o REPEAT FINDING REMARKS: The disciplinary policy authorizes the facility to impose discipline on detainees whose behavior is not in compliance with rules and regulations. The detainee has the right to appeal any discipline action to the facility commander. b6, b7c lMay 15, 2008 AUDITOR'SSIGNATUREIDATE ,l 1V--\..~ b6, b7c 23 © 2007 Creative Corrections, LLC (Rev. 12/8/07) Policy precludes detainees or detainee groups from exercising control or authority over other detainees. Detainees are protected from: • Personal abuse • Corporal punishment • Personal injury • Disease • Property damage • Harassment from other detainees Written procedures cover: • WorkIFood Strike • Disturbances • Escapes • Bomb Threats • Adverse Weather • Facility Evacuation • Internal IZI ACCEPTABLE o DEFICIENT D D Policies 611 00 - 6/700 discuss the facility's emergency plans. D D Per Policy 6/100. D D All areas are discussed in Policy 6/470 OAT-RISK o REPEAT FINDING REMARKS: It is suggested that information be included in the current policy regarding FoodIWork Strikes. b6, b7c May 15,2008 b6, b7c AUDITOR'S SIGNATUREIDATE 24 © 2007 Creative Corrections, LLC (Rev. 12/8/07) 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. o o 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 • hazards· and to the 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 detainees these substances. The faciHty has sufficient ventilation, and provides and ensures clean air all Vents return vents, and air conditioning ducts are not blocked or obstructed in the in cells or 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 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 to detainees in the smallest workable A technically qualified officer conducts the fire and safety inspections. The facility has an approved fire prevention, control, and evacuation plan. The plan requires: • Monthly fire inspections; • Fire protection equipment strategically located throughout the facility; • Public posting of emergency plans with accessible building/room floor plans; • Exit signs and directional arrows; and • An area-specific exit diagram conspicuously posted in the area. o o o The MSDS files were inspected and found to be excellent and up to date. o o There are no detainees involved with use of chemicals. o o o o There are no detainees involved with use of chemicals. o o o Physical plant inspection confirmed status. Individual cell vents were blocked o o Physical plant inspection confirmed status. o o Facility staff confirmed o o o o There was no product found containing methyl alcohol. o o Facility departmental staff is trained and conduct weekly o o Approved by the Deputy Chief, Detentions and Corrections Bureau. o o Weekly inspections are conducted in lieu of monthly inspections. 25 © 2007 Creative Corrections, LLC (Rev. 12/8/07) Written procedures regulate the handling and disposal of used needles and other Standard cleaning practices include: • Using specified equipment; cleansers; disinfectants and detergents. • An established schedule of cleaning and follow-up inspections. A licensed/Certified/Trained pest-control professional inspects for rodents, insects, and vermin. • At least monthly. • The pest-control program includes preventative spraying for insects. o ~ ACCEPTABLE DEFICIENT o o o o Physical plant inspections revealed this to be among the absolute cleanest facilities this reviewer has had the pleasure of o o Robbins Pest Control provides weekly spraying and other service as needed. OAT-RISK o REPEAT FINDING REMARKS: San Bernardino Central Detention Center controls flammable, toxic, and caustic materials through a hazardous materials program. The one portion of this system of controls that is missing is a full and continuous inventory. There should be a system of identifYing and keeping cell vents clean. b6, b7c May15,2008 AUDITOR'S SIGNATUREIDATE ~ I~ - b6, b7c - 26 © 2007 Creative Corrections, LLC (Rev. 12/8/07) The hold rooms are situated within the secure erimeter. The hold rooms are well ventilated well lighted, and all activating switches are located outside the room. The hold rooms contain sufficient seatin for the number ofdetainees held. The walls and ceilin s of the hold rooms are tam er and esca e roof Individuals are not held in hold rooms for more than 12 hours. Male. and females are segregated from each other. D D D D D D D D D D Detainees under the a e 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. D D D D All detainees are given a pat down search for weapons or contraband before bein laced 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 com laints are noted. D D D D ~ ACCEPTABLE D DDEFICIENT AT-RISK SBCDC has separate holding cells for male and female detainees. Officers may physically view the cells. They are also monitored by the Guard Shack Officer. D REPEAT FINDING REMARKS: Sufficient holding cells exist for the detainee population. Detainees are normally at this facility no more than 48 hours. b6, b7c /May 15, 2008 AUDITOR'S SIGNATUREIDATE J T PI--. b6, b7c I.. 27 © 2007 Creative Corrections, LLC (Rev. 12/8/07) Padlocks and/or chains are prohibited from use on cell doors. The entrance/exit door locks to detainee living quarters, or areas with an occupant load of 50 or more people, conform to: • Occupational Safety and Environmental Health Manual, Ch. 3; • National Fire Protection Association Life Safety Code 101. [8J [8J [8J 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. [gI ACCEPTABLE D DDEFICIENT [8J [8J o o o o o o o o o o o o o o AT-RIsK o Gun boxes are in the administrative offices, bridge area, and outside the Main Guard Shack. o Key rings are accounted for on each shift; however, the key ring does not indicate the specific number of keys per ring. Staff receives this training via receipt ofthe Critical Task and Orientation Workbook, and post orders (on-line). D REPEAT FINDING REMARKS: It is suggested that the facility consider adding a chit that indicates the number of kings on each ring. b6, b7c /May 15, 2008 UREIDATE . J,,~ \ ~ b6, b7c 28 © 2007 Creative Corrections, LLC (Rev. 12/8/07) Activities cease or are strictly controlled while a fonnal count is being conducted. Officers positively identify each detainee before counting him/her as present. o o Officers positively identify each detainee before counting himlher as o o o o • The control officer (or other designated position) maintains an out -count record of all detainees temporarily leaving the facility. o DEFICIENT [8J ACCEPTABLE -0 OAT-RISK o Officers positively identify each detainee during the physical count. Policy 6/800 addresses this . SES b6, b7c indicated that a computerized list of detainees that are out-counted is maintained. o REPEAT FINDING REMARKS: Two counts are conducted daily. The non-physical count is a computer generated count; where as the physical count is a face-to-face identity of the detainees. b6, b7c /May 15, 2008 AUDITOR'S SIGNATUREiDATE J T\tiL b6, b7c 29 © 2007 Creative Corrections, LLC (Rev. 12/8/07) The facility has a comprehensive security inspection policy. 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. o o o o o o 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. o o o o o o o o 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. [gj 0 o 0 [gj Every search of the SMU and other housin units is documented. [gj 0 o o IZI ACCEPTABLE D DEFICIENT D AT-RISK The Main Guard Shack monitors the vehicular traffic entering and leaving the facility. Vehicles are not physically searched. Once the vehicle enters the facility, the appropriate department (nonnally Culinary Department) then monitors the unloading process. It is recommended that a physical check of all vehicles be completed prior to entrance into the facility. The officers do not search the vehicle upon entering the facility. A log book is maintained D REPEAT FINDING REMARKS: It is recommended that a physical check of all vehicles be completed prior to entering the facility. b6, b7c 5/15/08 b6, b7c . AUDITOR'S SIGNATUREIDATE 30 © 2007 Creative Corrections, LLC (Rev. 12/8/07) The Administrative Segregation unit provides non-punitive protection from the general population and individuals undergoing disciplinary segregation. • Detainees are placed ill the SMU (administrative) ill 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. D D Administratively segregated detainees enjoy the same general privileges as detainees in the The SMU is: • Well ventilated; • Adequately lighted; • Appropriately heated; and • Maintained in a condition. All cells are equipped with beds. bed is fastened to the floor or wall. D DEFICIENT D D D D D D A health care professional visits every detainee at least three times a week. [g] ACCEPTABLE The San Bernardino Central Detention Center does not accept detainees requiring SMU The SMU is maintained very well. All beds are attached to the floor. Detainees receive three nutritious meals per day, from the general 's menu of the Each detainee maintains a normal level of personal hygiene in the SMU. The SMU maintains a permanent log of detainee-related activity, e.g., VIsItors etc. meals Staff record whether the detainee ate, showered, exercised, and took any licable medication shift. D D D D D D D AT-RIsK D There were no detainees in the SMU No detainee was housed in the SMU Should a detainee be housed in this unit, he/she would have daily access to medical care. There were no detainees in the SMU No detainees in the SMU D REPEAT FINDING REMARKS: Detainees are normally only housed at the San Bernardino Central Detention Center for less than 48 hours. The Jail does not routinely house any detainees in SMU. . b6, b7c May IS, 2008 REIDATE L" 1~· b6, b7c 31 © 2007 Creative Corrections, LLC (Rev. 12/8/07) Officers placing detainees in disciplinary segregation follow written ~ 0 o A completed Disciplinary Segregation Order accompanies the detainee into the SMU. Standard procedures include reviewing the cases of individual detainees housed in at set intervals. The conditions of confinement in the SMU are proportional to the detainees and staff. amount of control 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 Detainees are allowed to maintain a normal level of personal hygiene, the to shower and shave at least three times/week. A health care professional visits every detainee in disciplinary segregation every week day. ~ 0 o ~ 0 .0 ~ 0 ~ 0 o o 0 0 ~ 0 o ~ 0 o ~ 0 ~ 0 o o All detainee-related activities are documented, e.g. meals served, recreation 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 etc. I:8J ACCEPTABLE ~ D DDEFICIENT 0 AT-RISK The facility does not hold detainees who would require this o However, there were no detainees in Disciplinary No detainees in Disciplinary A logbook is kept, however there were no detainees in Disciplinary segregation. D REPEAT FINDING REMARKS: Detainees are normally only housed at the San Bernardino Central Detention Center for less than 48 hours. The jail does not routinely house any detainees in SMU. b6, b7c /May 15, 2008 URE/DATE J~. . T b6, b7c 32 FOR © 2007 Creative Corrections, ILC (Rev. 12/8/07) The facility has a tool classification system. Tools are classified according to: • Restricted (dangerous/hazardous); and • Non-Restricted Each facility has procedures for the issuance of tools to staff and detainees. D D I:gj ACCEPTABLE o DEFICIENT OAT-RISK D Inmates do not use tools. Maintenance staff uses all tools. Toolboxes are locked and each has an l1n._t"_.f1"1~p trI\TPt,tm-v D Policy 41297 addresses the facility's tool control. Two bolt cutters were found in the Main Guard Shack. They were not in a shadow box nor did they have an accountability fonn. According to the staff, the bolt cutters are there in case detainees are brought to the facility and the ICE or Marshal staff is unable to unlock the cuffs. The bolt cutters are used to cut these cuffs off. o REPEAT FINDING REMARKS: It is suggested that the facility remove the bolt cutters from the Main Guard Shack and submit them to the Maintenance Department for proper storage and shadow boxing. b6, b7c May 15, 2008 AUDITOR'S SIGNATURE/DATE ~ /D ~ b6, b7c v 33 © 2007 Creative Corrections, ILC (Rev; 12/8/07) Every transporting officer required to drive a commercial size bus has a valid Commercial Driver's License (CDL) issued by the sta~e of Officers use a checklist during every vehicle inspection. • Officers report deficiencies affecting operability; and· • Deficiencies are corrected before the vehicle goes back into service. Transporting officers: • Limit driving time to 10 hours in any 15 hour period; • Drive only after eight consecutive off-duty hours; • Do not receive transportation assignments after having been on duty, in any capacity, for 15 hours; • Drive a 50-hour maximum in a given work week; a 70-hour maximum during eight consecutive days; • During emergency conditions (including bad weather), officers may drive as long as necessary and safe to reach a safe the lO-hour limit.· Two officers with valid CDLs required in any bus transporting detainees. • When buses travel in tandem with detainees, there are two qualified officers per vehicle. driver An All detainees are searched immediately prior to boarding the vehicle by staff the bus or vehicle. The facility ensures that the number of detainees transported does not level. exceed the vehicles manufacturer's 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 Policies and procedures are in place addressing the use of restraining vehicles. on Officers ensure that no one contacts the detainees. • One officer remains in the vehicle at all times when detainees are 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 34 © 2007 Creative Corrections, LLC (Rev. 12/8/07) Meals are provided during long distance transfers. • The meals meet the minimum dietary standards, as identified by dieticians utilized ICE. The vehicle crew inspects all Food Service pickups before accepting delivery (food wrapping, portions, quality, quantity, thermos-transport containers, etc.). • Before accepting the meals, the vehicle crew raises and resolves questions, concerns, or discrepancies with the Food Service representative; Basins, latrines, and drinking-water containers/dispensers are • cleaned and sanitized on a fixed schedule. Vehicles have: • Two-way radios; • Cellular telephones; and • Equipment boxes stocked in accordance with the Use of Force Standard. Personal property of a detainee transferring to another facility is: • Inventoried; • Inspected; and 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 list includes women or minors • P o ACCEPTABLE o DEFICIENT 0 0 0 0 0 0 0 0 0 0 0 0 o o o OAT-RIsK o REPEAT FINDING 35 © 2007 Creative Corrections, LLC (Rev. 12/8/07) REMARKS: The facility does not transport detainees. b6, b7c May 15, 2008 AUDITOR'S SIGNATURE/DATE Jl ~ . -r-I... b6, b7c 36 © 2007 Creative Corrections, LLC (Rev. 12/8/07) Staffwere last trained on May 2008. Staff: • • Do not use force as punishment; Attempt to gain the detainee's voluntary cooperation before resorting to furce; • Use only as much force as necessary to control the detainee; and Medication may only be used for restraint purposes when authorized by the Medical Authority as medically necessary. ~ D 0 ~ D 0 In immediate-use-of-force situations, staff contacts medical staff once the detainee is under control. Special precautions are taken when restraining pregnant detainees. • Medical personnel are consulted ~ D D For incidents involving calculated use of force, a videotape is made and retained for review. ~ ~ ACCEPTABLE DDEFICIENT D ~ All use of force incidents are documented and reviewed by the Jail Administrator. Only if authorized by medical staff after determining it is D 0 Medical staff will always be contacted and, if available, report to where the incident is taking D D Videotapes are made available by the shift as needed. AT-RISK D REPEAT FINDING REMARKS: Staff was very aware of the use offorce policy as it pertains to the detainee population. b6, b7c iMay 15, 2008 AUDITOR'S SIGNATURE/DATE ~~ '[V '- b6, b7c 37 © 2007 Creative Corrections, ILC (Rev. 12/8/07) ICE information request Forms are available at the IGSA for use by ICE detainees. The IGSA treats detainee correspondence to ICE staff as Special Correspondence. ~ ACCEPTABLE D DEFICIENT D ~ ~ D D D D AT-RISK Forms are available upon request by the detainee. D REPEAT FINDING REMARKS: Staff detainee communications appears to be good at San Bernardino County Central Detention Center. b6, b7c lMay 15. 2008 b6, b7c AUDITOR'S SIGNATUREillATE 38 © 2007 Creative Corrections, LLC (Rev. 12/8/07) 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 notification is noted within DACS Notification includes the reason for the transfer and the location of the new ~ 0 0 ~ 0 0 The deportation officer is allowed discretion regarding the timing of the notification when circumstances are involved. The attorney and detainee are notified that it is their responsibility to notifY members 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 detainee in the with The detainee is provided with a completed Detainee Transfer Notification Form. Form G-391 or equivalent authorizing the removal of a detainee from a 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. ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 Detainee's funds, valuables, and property are returned and transferred with the detainee to. hislher new location. Transfer and documentary procedures outlined in Section C and D are followed. Meals are provided when transfers occur during normally schedule meal tiines. ~ 0 0 ~ 0 0 ~ 0 0 ICE makes the notifications This is at the ICE staff's discretion. At the time of transfer. DIHS approves all medical transfers. If medication is needed, the transporting officers will receive instructions and take control of the medication. All detainee property is transferred with the detainee. Detainees are provided meals if the transfer occurs during scheduled meal times. 39 © 2007 Creative Corrections, LLC (Rev. 12/8/07) 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. ~ ACCEPTABLE DDEFICIENT D D D D D AT-RISK D REPEAT FINDING REMARKS: A review of the detainee transfer policy and procedures revealed a very organized program and well-written guidelines. Staff members interviewed were aware of the standard and policies governing the process. b6, b7c May 15. 2008 AUDITOR'S SIGNATUREfDATE L_ 11Y'"l b6, b7c 40 © 2007 Creative Corrections, LLC (Rev. 12/8/07)