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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:

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Field Office Director
Los Angeles Fiel Office
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FROM:

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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

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Deputy Assistant Director, Detention Management Division, (202) 732-

cc:
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FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENS

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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
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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)

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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

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FROM:

Reviewer~~
Creative Corrections

SUBJECT:

San Bernardino Central Detention Center Annual Review

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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
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Subject Matter Experts (SME) included
Security;
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Health Services;
, Safety; and
Food Services.
A closeout meeting to discuss the review findings and recommendations was conducted with
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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

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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

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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
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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
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Name of Team Member / Title / Duty Location
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SME / Safety
Name of Team Member / Title / Duty Location
b6, b7c 1 SME / Food Services
Name of Team Member / Title / Duty Location
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/ SME / Security
Name of Team Member / Title / Duty Location
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/ 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

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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
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FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
© 2007 Creative Corrections, LLC (Rev. 12/3/07)

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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.

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Print Name, Title, & Duty Location
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Print Name, Title, & Duty Location

, SME Medical

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Print Name, Title, & Duty Location
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SME Safety

Print Name, Title, & Duty Location

SME Food Services

RECOMMENDED RATING:

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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

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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)
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Captain
Name and Title of Reviewer-In-Charge
n
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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.

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May 15, 2008

AUDITOR'S SIGNATUREillATE

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© 2007 Creative Corrections, LLC (Rev. 12/8/07)

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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.

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/May 15, 2008

/L~

NATURE/DATE ' / '

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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.

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lMay 15, 2008

AUDITOR'S SIGNATUREIDATE

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© 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.

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/MayI5,2008

AUDITOR'S SIGNATURE/DATE

ill.tn.
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© 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.

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May 15, 2008

~

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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)