ICE Detention Standards Compliance Audit - San Diego Correctional Facility, San Diego, CA, ICE, 2008
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Office of Detention and Removal Operations U.S. Department of Homeland Security 500 12th Street, SW Washington, DC 20536 MEMORANDUM FOR: Robin F. Baker Field Office Director San Diego Field Office FROM: James T. Hayes, Jr. Director SUBJECT: San Diego Contract Detention Facility Annual Review The annual detention review of the San Diego Contract Detention Facility conducted on June 24-26, 2008, in San Diego, California, has been received. A final rating of Superior has been assigned. No further action is required and this review is closed. The rating was based on the Reviewer-in-Charge (RIC) Summary Memorandum and supporting documentation. The Field Office Director must now initiate the following actions in accordance with the Detention Management Control Program (DMCP): 1) The Field Office Director, Detention and Removal Operations, shall notify the facility within five business days of receipt of this memorandum. Notification shall include copies of the Form G-324A, Detention Facility Review Form, the G-324A Worksheet, RIC Summary Memorandum, and a copy of this memorandum. 2) The next annual review will be scheduled on or before June 24, 2009. Should you or your staff have any questions regarding this matter, please Deputy Assistant Director, Detention Management Division at (202) 732 t b2 high cc: Official File b2 high, (b)(6), (b)(7)(C) www.ice.gov b6, b7c HEADQUARTERS EXECUTIVE REVIEW Review Authority The signature below constitutes review of this report and acceptance by the Review Authority. OIC/CEO will have 30 days from receipt of this report to respond to all findings and recommendations. HQDRO EXECUTIVE REVIEW: (Please Print Name) Signature James T. Hayes, Jr Title Date Director Final Rating: Comments: Superior Good Acceptable Deficient At-Risk No Rating The Review Authority concurs with the “Superior” rating. No further action is required and this review is closed. Form CC-324A FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) DETENTION FACILITY INSPECTION FORM FACILITIES USED LONGER THAN 72 HOURS A. TYPE OF FACILITY REVIEWED ICE Service Processing Center ICE Contract Detention Facility ICE Intergovernmental Service Agreement Other Charges: (If None, Indicate N/A) Transportation Guard Service $25.74 hourly; 0.405 mileage; ; N/A ; Estimated Man-days Per Year 19,391 B. CURRENT INSPECTION Type of Inspection Field Office HQ Inspection Date[s] of Facility Review June 24-26, 2008 C. PREVIOUS/MOST RECENT FACILITY REVIEW Date[s] of Last Facility Review June 26-28, 2007 Previous Rating Superior Good Acceptable Deficient G. ACCREDITATION CERTIFICATES N/A List all State or National Accreditation[s] received: ACA, NCCHC, Joint Commission (formerly JCAHO) At-Risk D. NAME AND LOCATION OF FACILITY Name San Diego Correctional Facility Address 446 Alta Rd. Ste. 5400 City, State and Zip Code San Diego, Ca. 92158 County San Diego Name and Title of Chief Executive Officer (Warden/OIC/Superintendent) Warden b6, b7c Telephone Number (Include Area Code) 619 710 b6, b7c Field Office / Sub-Office (List Office with Oversight) San Diego Distance from Field Office 25 E. CREATIVE CORRECTIONS INFORMATION Name of Inspector (Last Name, Title and Duty Station) Reviewer-In-Charge b6, b7c Name of Team Member / Title / Duty Location / SME for Health Services b6, b7c Name of Team Member / Title / Duty Location b6, b7c SME for Food Services Name of Team Member / Title / Duty Location / SME for Environmental Health and Safety b6, b7c Name of Team Member / Title / Duty Location SME for Security b6, b7c Name of Team Member / Title / Duty Location / / F. CDF/IGSA INFORMATION ONLY Contract Number Date of Contract or IGSA ODT-5-C-003 July 5, 2005 Basic Rates per Man-Day $108.74 H. PROBLEMS / COMPLAINTS (COPIES MUST BE ATTACHED) The Facility is under Court Order or Class Action Finding Court Order Class Action Finding The Facility has Significant Litigation Pending Major Litigation Life/Safety Issues None I. FACILITY HISTORY Date Built March 1999 Date Last Remodeled or Upgraded March 2002 Date New Construction / Bed Space Added None Future Construction Planned Yes No Date: Current Bed space Future Bed Space (# New Beds only) 1000 Number: 1440 Date: 2009/ 1440 TBA J. TOTAL FACILITY POPULATION Total Facility Intake for Previous 12 months 11,133 Total ICE Man Days for Previous 12 months 238,726 K. CLASSIFICATION LEVEL (ICE SPCS AND CDFS ONLY) Adult Male Adult Female L. FACILITY CAPACITY Rated Adult Male 800 Adult Female 200 (b)(2)High Operational 995 276 Emergency 1200 200 Facility Holds Juveniles Offenders 16 and Older as Adults M. AVERAGE DAILY POPULATION ICE Adult Male 539 Adult Female 121 USMS 206 47 N. FACILITY STAFFING LEVEL Security: Support: b2 high FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) b2 high Other 0 0 SIGNIFICANT INCIDENT SUMMARY WORKSHEET In order for Creative Corrections to complete its review of your facility, you must complete the following worksheet prior to your scheduled review dates. This worksheet must contain data for the past twelve months. We will use this worksheet in conjunction with the ICE Detention Standards to assess your detention operations with regard to the needs of ICE and its detainee population. Failure to complete this worksheet will result in a delay in processing this report, and may result in a reduction or removal of ICE detainees from your facility. DESCRIPTION Jan – Mar Apr – Jun Jul – Sep Oct – Dec Types (Sexual 2 , Physical, etc.) Physical - 6 Sexual - 0 Physical - 0 Sexual - 0 Physical - 9 Sexual - 0 Physical - 2 Sexual - 0 0 0 1 0 6 0 8 2 Physical - 0 Sexual - 0 Physical - 0 Sexual -0 Physical - 2 Sexual - 0 Physical - 1 Sexual - 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 21 8 22 16 3 2 4 3 0 0 0 0 0 0 0 0 62 58 88 70 10 9 21 7 INCIDENTS Assault: Offenders on Offenders 1 With Weapon Without Weapon Assault: Detainee on Staff Types (Sexual Physical, etc.) With Weapon Without Weapon Number of Forced Moves, incl. Forced Cell Moves 3 Disturbances 4 Number of Times Chemical Agents Used Number of Times Special Reaction Team Deployed/Used # Times Four/Five Point Restraints Applied/Used Number/Reason (M=Medical, V=Violent Behavior, O=Other) Type (C=Chair, B=Bed, BB=Board, O=Other) Offender / Detainee Medical Referrals as a Result of Injuries Sustained. Escapes Attempted Actual Grievances: # Received # Resolved in Favor of Offender/Detainee Reason (V=Violent, I=Illness, S=Suicide, A=Attempted Suicide, O=Other) Deaths Psychiatric / Medical Referrals 1 2 3 4 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” Any incident that involves four or more detainees/offenders, includes gang fights, organized multiple hunger strikes, work stoppages, hostage situations, major fires, or other large scale incidents. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 2 of 4 DHS/ICE DETENTION STANDARDS REVIEW SUMMARY REPORT 1. ACCEPTABLE 2. DEFICIENT 3. AT-RISK 4. REPEAT FINDING 5. NOT APPLICABLE LEGAL ACCESS STANDARDS 1. 2. 3. 4. 1. 2. 3. 4. 5. Access to Legal Materials Group Presentations on Legal Rights Visitation Telephone Access DETAINEE SERVICES 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Admission and Release Classification System Correspondence and Other Mail Detainee Handbook Food Service Funds and Personal Property Detainee Grievance Procedures Issuance and Exchange of Clothing, Bedding, and Towels Marriage Requests Non-Medical Emergency Escorted Trip Recreation Religious Practices Voluntary Work Program HEALTH SERVICES 18. 19. 20. 21. Hunger Strikes Medical Care Suicide Prevention and Intervention Terminal Illness, Advanced Directives and Death SECURITY AND CONTROL 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. Contraband Detention Files Disciplinary Policy Emergency Plans Environmental Health and Safety Hold Rooms in Detention Facilities Key and Lock Control Population Counts Post Orders Security Inspections Special Management Units (Administrative 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) ALL FINDINGS OF DEFICIENT AND AT-RISK REQUIRE WRITTEN COMMENT DESCRIBING THE FINDING AND WHAT IS NECESSARY TO REACH COMPLIANCE. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 3 of 4 RIC REVIEW ASSURANCE STATEMENT BY SIGNING BELOW, THE REVIEWER-IN-CHARGE (RIC) CERTIFIES THAT: 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. 1. 2. REVIEWER-IN-CHARGE Reviewer-In-Charge: (Print Name) Signature b6, b7c Title & Duty Location Date Reviewer-In-Charge, Creative Corrections June 26, 2008 TEAM MEMBERS Print Name, Title, & Duty Location b6, b7c Print Name, Title, & Duty Location SME for Health Services, Creative b6, b7c SME for Food Services, Creative Corrections Corrections Print Name, Title, & Duty Location Print Name, Title, & Duty Location SME for Environmental Health and Safety, b6, b7c Creative Corrections RECOMMENDED RATING: b6, b7c SME for Security, Creative Corrections SUPERIOR GOOD ACCEPTABLE DEFICIENT AT-RISK COMMENTS: San Diego Correctional Facility staff has outstanding communications with all detainees and inmates as reflected by the information on the Significant Incident Summary Worksheet. We observed this throughout the ADR Review. They are to be commended for effectively dealing with a very diverse and difficult population. The following comments are provided on the Significant Incident Summary Worksheet: Minor disturbances: On Friday, August 17, 2007, several U S Marshal prisoners assaulted another Marshal prisoner in B-Housing Unit. Minor injuries resulted in the altercation and they were charged with assault on an inmate. On Saturday, September 8, 2007, four U S Marshal prisoners assaulted another U S Marshal prisoner in B-Housing Unit over a basketball game. Minor injuries resulted in the altercation and they were charged with assault on an inmate. On Wednesday, September 12, 2007, four detainees were involved in an altercation in D-Housing Unit. Minor injuries resulted in the altercation and all four detainees were charged with fighting. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 4 of 4 Creative Corrections 6415 Calder, Suite B Beaumont, Texas 77706 Condition of Confinement Review Worksheet (This document must be attached to each Inspection Form) This Form to be used for Inspections of Facilities used longer than 72 Hours Detention Review Worksheet Local Jail – IGSA State Facility – IGSA ICE Contract Detention Facility Name San Diego Correctional Facility Address (Street and Name) 446 Alta Road Suite 5400 City, State and Zip Code San Diego, California 92158 County San Diego Name and Title of Chief Executive Officer (Warden/OIC/Superintendent) b6, b7c Warden Name and Title of Reviewer-In-Charge b6, b7c Reviewer-In-Charge for Creative Corrections Date[s] of Review June 24-26, 2008 Type of Review Headquarters Operational Special Assessment Other FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) TABLE OF CONTENTS SECTION I. LEGAL ACCESS STANDARDS ............................................................................................................................ ..3 Access to Legal Materials .......................................................................................................................................................................... Group Presentations on Legal Rights....................................................................................................................................................... Visitation..................................................................................................................................................................................................... Access to Telephones.................................................................................................................................................................................. Section II. Detainee Services Standards .............................................................................................................................................. 12 Admission and Release .............................................................................................................................................................................. Classification System ................................................................................................................................................................................. Correspondence and Other Mail .............................................................................................................................................................. Detainee Handbook.................................................................................................................................................................................... Food Service ............................................................................................................................................................................................... Funds and Personal Property ................................................................................................................................................................... Detainee Grievance Procedures ................................................................................................................................................................ Issuance and Exchange of Clothing, Bedding, and Towels..................................................................................................................... Marriage Requests ..................................................................................................................................................................................... Non-Medical Escorted Trips ..................................................................................................................................................................... Recreation................................................................................................................................................................................................... Religious Practices ..................................................................................................................................................................................... Voluntary Work Program......................................................................................................................................................................... SECTION III. HEALTH SERVICES STANDARDS ................................................................................................................... 35 Hunger Strikes ........................................................................................................................................................................................... Medical Care .............................................................................................................................................................................................. Suicide Prevention and Intervention ........................................................................................................................................................ Terminal Illness, Advanced Directives and Death .................................................................................................................................. SECTION IV. SECURITY AND CONTROL STANDARDS ........................................................................................................ 44 Contraband................................................................................................................................................................................................. Detention Files............................................................................................................................................................................................ Disciplinary Policy ..................................................................................................................................................................................... Emergency Plans........................................................................................................................................................................................ Environmental Health and Safety ............................................................................................................................................................ Hold Rooms in Detention Facilities .......................................................................................................................................................... Key and Lock Control ............................................................................................................................................................................... population Counts ...................................................................................................................................................................................... Post Orders................................................................................................................................................................................................. Security Inspections ................................................................................................................................................................................... Special Management Unit (Administrative Segregation) ....................................................................................................................... Special Management Unit (Disciplinary Segregation) ............................................................................................................................ Tool Control ............................................................................................................................................................................................... Transportation (Land).............................................................................................................................................................................. Use of Force ................................................................................................................................................................................................ Staff/Detainee Communications................................................................................................................................................................ Detainee Transfer Standard...................................................................................................................................................................... NOTE: FOR EACH STANDARD RATED BELOW ACCEPTABLE, FACILITIES MUST ATTACH A PLAN OF ACTION FOR BRINGING OPERATIONS INTO COMPLIANCE. EACH FACILITY SHOULD EXAMINE THE ENTIRE WORKSHEET TO IDENTIFY AREAS OF IMPROVEMENT, INCLUDING THOSE STANDARDS WHERE AN OVERALL FINDING OF ACCEPTABLE WAS ACHIEVED. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 2 of 80 SECTION I. LEGAL ACCESS STANDARDS FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 3 of 80 ACCESS TO LEGAL MATERIALS POLICY: FACILITIES HOLDING ICE DETAINEES SHALL PERMIT DETAINEES ACCESS TO A LAW LIBRARY, AND PROVIDE LEGAL MATERIALS, FACILITIES, EQUIPMENT, DOCUMENT COPYING PRIVILEGES, AND THE OPPORTUNITY TO PREPARE LEGAL DOCUMENTS. COMPONENTS Y N NA REMARKS Observed the Law Library The facility provides a designated law library for detainee use. operations located on the B-Unit corridor. San Diego Correctional Facility (SDCF) Policy 14-8 regarding Access to Courts, dated July 26, 2004, outlines these procedures. The law library contains all materials listed in the “Access to Legal All materials in Attachment A Materials” Standard, Attachment A. The listing of materials is posted in are available on the computers. the law library. Attachment A was available and posted in the Law Library. SDCF Policy 14-8 regarding Access to Courts also provided additional information on library materials and services available. The Law Library was spacious, The library contains a sufficient number of chairs, is well lit, and is well lit, with 10 computers that reasonably isolated from noisy areas. had Lexis Nexis for ICE detainees. The library was also isolated from noisy areas and easily accessible to the detainee population. The law library is adequately equipped with typewriters and/or As stated above, 10 computers computers, and has sufficient supplies for daily use by the detainees. with Lexis Nexis, three typewriters, and sufficient supplies were observed in the Law Library. In addition to the physical law library, detainees have access to the Lexus Nexus electronic law library. Observed the Lexis Nexis Where provided, the Lexus Nexus library is updated and is current. computers and they were current and up-to-date. ICE provides the updates on a regular basis. Outside persons and organizations are permitted to submit published legal Policy 14-8, Section D material for inclusion in the legal library. Outside published material is regarding Materials from forwarded and reviewed by ICE prior to inclusion. Outside Persons or Organizations covers this component. Recently, the Florence Project, an outside legal group, provided the Law Library with "Know your Rights" document for the detainee population. This document was provided in both English and Spanish. This was approved by the Deputy Assistant Director for ICE. b6, b7c Mr. Law There is a designated ICE or facility employee who inspects, updates, and Library Aide, is the facility's maintains/replaces legal materials and equipment on a routine basis. liaison with ICE and is assigned oversight of the Law Library. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 4 of 80 ACCESS TO LEGAL MATERIALS POLICY: FACILITIES HOLDING ICE DETAINEES SHALL PERMIT DETAINEES ACCESS TO A LAW LIBRARY, AND PROVIDE LEGAL MATERIALS, FACILITIES, EQUIPMENT, DOCUMENT COPYING PRIVILEGES, AND THE OPPORTUNITY TO PREPARE LEGAL DOCUMENTS. COMPONENTS Y N NA REMARKS He works closely with ICE staff to ensure the library is current. SDCF Policy 14-8 regarding Access to Courts covers Staff Responsibilities on page 2. Detainees are offered a Detainees are offered a minimum 5 hours per week in the law library. minimum of 5 hours a week Detainees are not required to forego recreation time in lieu of library usage. Detainees facing a court deadline are given priority use of the law without a maximum limit. library. Detainees' recreation doesn't interfere with the Law Library. If they have an imminent court deadline, they can receive additional time. This can also be found in the Detainee Handbook on page 9. Policy 14-8 Section I on page 4 Detainees may request materials not currently in the law library. Each regarding Requests for request is reviewed and, where appropriate, an acquisition request is Additional Legal Materials timely initiated. Requests for copies of court decisions are outlines these procedures. accommodated within 3 – 5 business days. Detainees are permitted to assist other detainees, voluntarily and free of charge, in researching and preparing legal documents, consistent with security. Policy 14-8 Section L regarding Illiterate or non-English-speaking detainees without legal representation Assistance to Illiterate and Nonreceive access to more than just English-language law books after English Speaking Detainees indicating their need for help. covers this component. Observed detainees with Detainees may retain a reasonable amount of personal legal material in reasonable amounts of legal the general population and in the special management unit. Stored legal materials in their respective materials are accessible within 24 hours of a written request. units. When legal materials are stored in the property room, facility staff retrieves the materials within 24 hours of a request. Policy 14-8 Section K regarding Personal Legal Materials covers this procedure. Policy 14-8 Section M regarding Detainees housed in Administrative Detention and Disciplinary Law Library Access for Segregation units have the same law library access as the general Detainees in Special population, barring security concerns. Detainees denied access to legal Management Unit allows the materials are documented and reviewed routinely for lifting of sanctions. same access as the general population. All denials of access to the law library fully documented. Facility staff informs ICE Management when a detainee or group of detainees is denied access to the law library or law materials. Detainees who seek judicial relief on any matter are not subjected to Policy 14-8 Section R regarding reprisals, retaliation, or penalties. Retaliation Prohibited outlines that detainees should not be subjected to reprisals, retaliation, or penalties. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 5 of 80 REMARKS: SDCF and ICE staff does an excellent job in exceeding the ICE National Detention Standard on Access to Legal Materials. The Law Library has 10 computers that have LexisNexis, three typewriters, and sufficient supplies to facilitate the detainee/inmate population. Observation of the Law Library and procedures were very impressive. b6, b7c / June 24-26, 2008 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 6 of 80 GROUP LEGAL RIGHTS PRESENTATIONS POLICY: FACILITIES HOUSING ICE DETAINEES SHALL PERMIT AUTHORIZED PERSONS TO MAKE PRESENTATIONS TO GROUPS OF DETAINEES FOR THE PURPOSE OF INFORMING THEM OF U.S. IMMIGRATION LAW AND PROCEDURES, CONSISTENT WITH THE SECURITY AND ORDERLY OPERATION OF EACH FACILITY. ICE ENCOURAGES SUCH PRESENTATIONS, WHICH INSTRUCT DETAINEES ABOUT THE IMMIGRATION SYSTEM AND THEIR RIGHTS AND OPTIONS WITHIN IT. CHECK HERE IF NO GROUP PRESENTATIONS WERE CONDUCTED WITHIN THE PAST 12 MONTHS. OVERALL AND CONTINUE ON WITH NEXT PORTION OF WORKSHEET. YES NO NA COMPONENTS MARK STANDARD AS ACCEPTABLE REMARKS The Field Office is responsive to requests by attorneys and accredited representatives for group presentations. Upon receipt of concurrence by the Field Office Director, the facility or authorized ICE Field Office ensures timely and proper notification to attorneys or accredited representatives. The facility follows policy and procedure when rejecting or requesting modifications to objectionable material provided or presented by the attorney or accredited representative. Posters announcing presentations appear in common areas at least 48 hours in advance and sign-up sheets are available and accessible. Documentation is submitted and maintained when any detainee is denied permission to attend a presentation and the reason(s) for the denial. When the number of detainees allowed to attend a presentation is limited, the facility provides a sufficient number of presentations so that all detainees signed up may attend. Detainees in segregation, unable to attend for security reasons, may request separate sessions with presenters. Such requests are documented. Interpreters are admitted when necessary to assist attorneys and other legal representatives. Presenters are afforded a minimum of one hour to make the presentation and to conduct a question-and-answer session. Staff permits presenters to distribute ICE-approved materials. Presenters are permitted to meet with small groups of detainees to discuss their cases after the group presentation. ICE or authorized detention staff is present but do not monitor conversations with legal providers. Group presenters who have had their privileges suspended are notified in writing by the Field Office Director or designee; and the reasons for suspension are documented. The Headquarters Office for Detention and Removal, Field Operations and Detention management Division, is notified when a group or individual is suspended from making presentations. The facility plays ICE-approved videotaped presentations on legal rights at regular opportunities, at the request of outside organizations. A copy of the Group Legal Rights Presentation policy, including attachments, is available to detainees upon request ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: Ms. b6, b7c , Quality Assurance Manager, CCA, confirmed that no requests have been made in the past twelve months. / June 24-26, 2008 b6, b7c Auditor’s Signature / Date FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 7 of 80 VISITATION POLICY: ICE SHALL PERMIT DETAINEES TO VISIT WITH FAMILY, FRIENDS, LEGAL REPRESENTATIVES, SPECIAL INTEREST GROUPS, AND THE NEWS MEDIA. COMPONENTS Y N NA REMARKS The Detainee Handbook provides visitation schedules There is a written visitation schedule and hours for general visitation. and hours on page 10. They are also posted in the Front Lobby. The visitation hours tailored to the detainee population and the demand for visitation. The visitation schedule and rules are available to the public. The visitation schedule and rules are posted in the Front Lobby. They are posted in English and Spanish. The hours for all categories of visitation are posted in the visitation waiting area. A written copy of the rules regulating visitation and the hours of visitation is available to visitors. A general visitation log is maintained. All visitors sign the Notification to Visitor Form that has the rules and hours of visitation. This is also provided in English and Spanish. An electronic generated log is maintained on all visits. In addition, they maintain an Attorney/Interpreter log book, as well as a Law Enforcement/family visitation log book. The detainees are permitted to retain personal property items specified in the standard. A visitor dress code is available to the public. Visitors are searched and identified according to standard requirements. The requirement on visitation by minors is complied with. At facilities where there is no provision for visits by minors, ICE arranges for visits by children and stepchildren, on request, within the first 30 days. After that time, on request, ICE considers a transfer, when possible, to a facility that will allow minor visitation. At a minimum, monthly visits are allowed. Detainees in special housing are afforded visitation. Legal visitation is available seven (7) days a week, including holidays. On regular business days legal visitation hours are provide for a Posted in the Front Lobby and on the Visitor Notification Form. They are processed through a metal detector, cannot take anything to the visiting area, and must have valid photo identification. The Detainee Handbook on page 11 outlines the procedures for minors being accompanied by an adult. See above comment. See above comment. This information is covered in the Detainee Handbook on page 11. Legal visits can take place during 8:00 a.m. until 9:45 p.m. See above comment. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 8 of 80 VISITATION POLICY: ICE SHALL PERMIT DETAINEES TO VISIT WITH FAMILY, FRIENDS, LEGAL REPRESENTATIVES, SPECIAL INTEREST GROUPS, AND THE NEWS MEDIA. minimum of eight (8) hours per day, and a minimum of four hours per day on weekends and holidays. On regular business days, detainees are given the option of continuing a meeting with a legal representative through a scheduled meal. Detainees are provided a meal subsequent to the legal visit. Legal visits are contact visits. Observed two attorney/client rooms in each housing unit. They can exchange documents following security procedures. Private consultation rooms are available for attorney meetings. There is a mechanism for the detainee and his/her representative to exchange documents. There are written procedures governing detainee searches. There are no strip searches conducted unless staff has probable cause and a supervisor approves. Attorney Bar Cards and photo identification are required. The assistants are approved by the attorney/facility and must a have photo identification. Observed pro bono lists in all housing units and in the Law Library. When strip searches are required after every contact visit with a legal representative, the facility provides an option for non-contact visits with legal representatives. Prior to each visit, legal service providers and assistants are identified per the standard. The current list of pro bono legal organizations is posted in the detainee housing areas and other appropriate areas. The decision to permit or deny a tour is not delegated below the level of Field Office Director. Provisions for NGO visitation, as stated in the Detention Standards, are complied with. Law enforcement officials who request to visit with a detainee are referred to the ICE Field Office for approval. Warden and ICE approval must be obtained. Former detainees or aliens in proceedings, requesting to visit with a detainee, are referred to the OIC or ICE Field Office. Warden and ICE approval must be obtained. Procedures are in place, consistent with the detention standard, for examinations by independent medical service providers and experts. Warden and ICE approval must be obtained. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: SDCF and ICE staff works diligently together to meet the ICE National Detention Standard on Visitation. b6, b7c / June 24-26, 2008 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 9 of 80 DETAINEE TELEPHONE ACCESS POLICY: ALL FACILITIES HOUSING ICE DETAINEES WILL PERMIT DETAINEES’ REASONABLE AND EQUITABLE ACCESS TO TELEPHONES. COMPONENTS Detainees are allowed access to telephones during established facility waking hours. Upon admittance, detainees are made aware of the facility's telephone access policy. Access rules are posted in housing units. The facility makes a reasonable effort to provide key information to detainees in languages spoken by any significant portion of the facility's population. Telephones are provided at a minimum ratio of one telephone per 25 detainees in the facility population. Telephones are inspected regularly by facility staff to ensure that they are in good working order. Y N NA REMARKS Detainees have access to the unit telephones from 6:00 a.m. until lockdown at 11:00 p.m. excluding official counts and meals. Detainee Handbook covers this information on pages 5 and 6. This information was also observed on the unit bulletin boards and by the telephones. Observed in all housing units on the bulletin boards. Provided in English and Spanish. There are three pods in each housing unit. Two pods have 8 telephones for 68 detainees and 1 pod has 8 telephones for 64 detainees. ICE compliant staff inspects all telephones on a weekly basis. Observed several forms on these inspections. SDCF and ICE staff works well together to ensure the detainees have access to the telephones. The facility administration promptly reports out-of-order telephones to the facility’s telephone service provider. The facility administration monitors repair progress and takes appropriate measures to ensure that required repairs are begun and completed timely. Detainees are afforded a reasonable degree of privacy for legal phone calls. A procedure exists to assist a detainee who is having trouble placing a confidential call. The facility provides the detainees with the ability to make non-collect (special access) calls. Their respective Unit Manager can approve a confidential call if appropriate. Observed the special access lists on the bulletin boards and tested the detainee telephone system in the unit. Special Access calls are at no charge to the detainees. The OIG phone number for reporting abuse is programmed into the detainee phone system and the phone number was checked by the inspector during the review. Observed posters throughout the facility with the OIG Hotline number available to all detainees and visitors. In addition, I checked the OIG number in the housing units and it was operational. In facilities unable to fully meet this requirement initially because of limitations of its telephone service, ICE makes alternate arrangements to provide required access within 24 hours of a request by a detainee. See above comment. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 10 of 80 DETAINEE TELEPHONE ACCESS POLICY: ALL FACILITIES HOUSING ICE DETAINEES WILL PERMIT DETAINEES’ REASONABLE AND EQUITABLE ACCESS TO TELEPHONES. COMPONENTS No restrictions are placed on detainees attempting to contact attorneys and legal service providers who are on the approved “Free Legal Services List”. Y Any telephone restrictions are documented. The facility has a system for taking and delivering emergency detainee telephone messages. REMARKS Observed in the Detainee Handbook on page 5 item 4. Observed in the Detainee Handbook on page 5 item 4. Observed in the Detainee Handbook on page 5 item 4. Emergency phone call messages are immediately given to detainees. Detainees are allowed to return emergency phone calls as soon as possible. Detainees in disciplinary segregation are allowed phone calls relating to the detainee's immigration case or other legal matters, including consultation calls. Detainees in disciplinary segregation are allowed phone calls to consular/embassy officials. Detainees in disciplinary segregation are allowed phone calls for family emergencies. Detainees in administrative detention and protective custody are afforded the same telephone privileges as those in general population. When detainee phone calls are monitored, notification is posted by detainee telephones that phone calls made by the detainees may be monitored. Special Access calls are not monitored. DEFICIENT NA The detainee can submit a Detainee Request to Staff Member Form to his/her Unit Manager for approval. Special arrangements are made to allow detainees to speak by telephone with an immediate family member detained in another Facility. ACCEPTABLE N Observed in the Detainee Handbook on page 5 item 4. Observed signs by the detainee telephones advising them that their calls may be monitored. Also, all detainees sign a form in Intake advising them that their calls may be monitored. This form is placed in the detention file. AT-RISK REPEAT FINDING REMARKS: SDCF and ICE staff works well together to meet all components of the ICE National Detention Standard on Detainee Telephone Access. b6, b7c / June 24-26, 2008 Auditor’s Signature / Date FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 11 of 80 SECTION II. DETAINEE SERVICES STANDARDS ADMISSION AND RELEASE POLICY: ALL DETAINEES WILL BE ADMITTED AND RELEASED IN A MANNER THAT ENSURES THEIR HEALTH, SAFETY, AND WELFARE. THE ADMISSIONS PROCEDURE WILL, AMONG OTHER THINGS INCLUDE: MEDICAL SCREENING; A FILE-BASED ASSESSMENT AND CLASSIFICATION PROCESS; A BODY SEARCH; AND A SEARCH OF PERSONAL BELONGINGS, WHICH WILL BE INVENTORIED, DOCUMENTED, AND SAFEGUARDED AS NECESSARY. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 12 of 80 COMPONENTS In-processing includes an orientation of the facility. The orientation includes: Unacceptable activities and behavior, and corresponding sanctions; How to contact ICE; The availability of pro bono legal services, and how to pursue such services; schedule of programs, services, daily activities, including visitation, telephone usage, mail service, religious programs, count procedures, access to and use of the law library and the general library; sick-call procedures, and the detainee handbook. Medical screenings are performed by medical staff or persons who have received specialized training for the purpose of conducting an initial health screening. Each new arrival is classified according to criminal history and threat levels. Criminal history is provided for each detainee by the ICE field office. All new arrivals are searched in accordance with the “Detainee Search” standard. An officer of the same sex as the detainee conducts the search and the search is conducted in an area that affords as much privacy as possible. Detainees are stripped searched only when cause has been established and not as routine policy. Non-criminal detainees are not strip-searched but are patted down, unless reasonable suspicion is established. The “Contraband” standard governs all personal property searches. IGSAs/CDFs use or have a similar contraband standard. Staff prepares a complete inventory of each detainee’s possessions. The detainee receives a copy. Staff completes Form I-387 or similar form for CDFs and IGSAs for every lost or missing property claim. Facilities forward all I-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. Y N NA REMARKS The detainee receives orientation to the facility and signs for a copy of the Detainee Handbook. Facility staff provides an A&O video to all detainees while being processed in Intake. The Detainee Handbook in conjunction with the items posted in the housing units includes all cited items. The Detainee Handbook is provided in English and Spanish. The medical screenings are performed by RNs and LPNs in the Intake area. ICE provides an I-216, an I-213, and a NCIC to the Intake staff. All detainees receive a pat search upon initial admission. An officer of the same sex conducts all searches in a private area. Strip searches are only conducted in accordance with SDCF policy. Intake officers complete a Detainee Personal Property Form; two officers and the detainee sign the form. The detainee receives a copy after he/she signs the form. A copy is maintained with the property; the original goes in the detention file. The detainee signs the property form in Intake. If an item is missing, they investigate and advise ICE of any discrepancies. This information is covered in the Detainee Handbook on page 3 regarding Facility Standard Issue. This is covered in the Detainee Handbook on page 3 regarding Hygiene Items. Staff provides all detainees with a toothbrush, toothpaste, toilet paper, shampoo, soap, comb, etc. The housing units provide these items twice a week at no charge. Additional items can be purchased in the commissary. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 13 of 80 ADMISSION AND RELEASE POLICY: ALL DETAINEES WILL BE ADMITTED AND RELEASED IN A MANNER THAT ENSURES THEIR HEALTH, SAFETY, AND WELFARE. THE ADMISSIONS PROCEDURE WILL, AMONG OTHER THINGS INCLUDE: MEDICAL SCREENING; A FILE-BASED ASSESSMENT AND CLASSIFICATION PROCESS; A BODY SEARCH; AND A SEARCH OF PERSONAL BELONGINGS, WHICH WILL BE INVENTORIED, DOCUMENTED, AND SAFEGUARDED AS NECESSARY. COMPONENTS Y N NA REMARKS All releases are properly coordinated with ICE using a Form I-203. Observed I-203 and I-216 forms being used by the Intake staff. Staff completes paperwork/forms for release as required. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: The SDCF staff does an excellent job in meeting the ICE National Detention Standard on Admission and Release. They provide a thorough orientation to the detainee, play the orientation video, and expedite all Admission and Release processes in a timely manner. b6, b7c / June 24-26, 2008 AUDITOR’S SIGNATURE / DATE CLASSIFICATION SYSTEM POLICY: ALL FACILITIES WILL DEVELOP AND IMPLEMENT A SYSTEM ACCORDING TO WHICH ICE DETAINEES ARE CLASSIFIED. THE CLASSIFICATION SYSTEM WILL ENSURE THAT EACH DETAINEE IS PLACED IN THE APPROPRIATE CATEGORY, PHYSICALLY SEPARATED FROM DETAINEES IN OTHER CATEGORIES COMPONENTS The facility has a system for classifying detainees. In CDFs and IGSAs, an Objective Classification System or similar is used. The facility classification system includes: Classifying detainees upon arrival; Separating from the general population those individuals who Y N NA REMARKS SDCF has an objective classification system implemented by Intake staff, a Classification Supervisor, and all case managers. The SDCF staff classifies all detainees upon arrival. They utilize their computer FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 14 of 80 CLASSIFICATION SYSTEM POLICY: ALL FACILITIES WILL DEVELOP AND IMPLEMENT A SYSTEM ACCORDING TO WHICH ICE DETAINEES ARE CLASSIFIED. THE CLASSIFICATION SYSTEM WILL ENSURE THAT EACH DETAINEE IS PLACED IN THE APPROPRIATE CATEGORY, PHYSICALLY SEPARATED FROM DETAINEES IN OTHER CATEGORIES COMPONENTS cannot be classified upon arrival; and The first-line supervisor or designated classification specialist reviewing every classification decision. The intake/processing officer reviews work-folders, A-files, etc., to identify and classify each new arrival. Staff uses only information that is factual, and reliable to determine classification assignments. Opinions and unsubstantiated/ unconfirmed reports may be filed but are not used to score detainees classifications. Housing assignments are based on classification-level. A detainee's classification-level does not affect his/her recreation opportunities. Detainees recreate with persons of similar classification designations. Detainee work assignments are based upon classification designations. The classification process includes reassessment/reclassification. At IGSA’s, detainees may request reassessment 60 days after arrival. Procedures exist for a detainee to appeal their classification assignment. Only a designated supervisor or classification specialist has the authority to reduce a classification-level on appeal. Classification appeals are resolved within five business days and detainees are notified of the outcome within 10 business days. Classification designations may be appealed to a higher authority, such as the Warden or equivalent. The Detainee Handbook or equivalent for IGSAs explains the classification levels, with the conditions and restrictions applicable to each. Y N NA REMARKS classification software that is provided by ICE. This software uses the Primary Assessment Form. The case managers review all initial classification assessments on their respective caseloads. Intake/processing officers review the I-213, NCICs, and other available information to classify each new arrival. All detainee housing assignments are based on their respective classification-levels: low, medium and high security. All detainees have regular recreation opportunities with those in their housing units. The respective Unit Manager recommends detainees for job assignments based on their classification designations. Subsequently, the Chief of Security and Classification Supervisor approves the job assignment. They receive their initial classification during Intake and a reassessment within 45-60 days. The case managers compile a computer generated list for reassessment purposes. The detainees can appeal their initial and reassessment within five days to their respective Unit Manager. The Unit Manager submits his recommendation to the Assistant Warden for final approval or denial. Normally, the appeal is resolved within 48 hours and the detainee is advised within 72 hours. The final classification decision can be appealed to the Warden. The Detainee Handbook provides this information on page 18 regarding Classification System at SDCF. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 15 of 80 CLASSIFICATION SYSTEM POLICY: ALL FACILITIES WILL DEVELOP AND IMPLEMENT A SYSTEM ACCORDING TO WHICH ICE DETAINEES ARE CLASSIFIED. THE CLASSIFICATION SYSTEM WILL ENSURE THAT EACH DETAINEE IS PLACED IN THE APPROPRIATE CATEGORY, PHYSICALLY SEPARATED FROM DETAINEES IN OTHER CATEGORIES COMPONENTS ACCEPTABLE Y DEFICIENT N AT-RISK NA REMARKS REPEAT FINDING REMARKS: The SDCF staff utilizes background information provided by ICE to complete the initial classification during Intake. They use the Primary Assessment Form which is provided by ICE in a computer software program. This program is used by Intake staff, all case managers, and the classification supervisor. They meet all components of this ICE National Detention Standard on Classification. b6, b7c / June 24-26, 2008 Auditor’s Signature / Date CORRESPONDENCE AND OTHER MAIL POLICY: ALL FACILITIES WILL ENSURE THAT DETAINEES SEND AND RECEIVE CORRESPONDENCE IN A TIMELY MANNER, SUBJECT TO LIMITATIONS REQUIRED FOR THE SAFETY, SECURITY, AND ORDERLY OPERATION OF THE FACILITY. OTHER MAIL WILL BE PERMITTED, SUBJECT TO THE SAME LIMITATIONS. EACH FACILITY WILL WIDELY DISTRIBUTE ITS GUIDELINES CONCERNING CORRESPONDENCE AND OTHER MAIL. COMPONENTS YES NO NA REMARKS The correspondence procedures The rules for correspondence and other mail are posted in each housing are outlined in the Detainee or common area, or provided to each detainee via a detainee handbook. Handbook on pages 14-16. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 16 of 80 CORRESPONDENCE AND OTHER MAIL POLICY: ALL FACILITIES WILL ENSURE THAT DETAINEES SEND AND RECEIVE CORRESPONDENCE IN A TIMELY MANNER, SUBJECT TO LIMITATIONS REQUIRED FOR THE SAFETY, SECURITY, AND ORDERLY OPERATION OF THE FACILITY. OTHER MAIL WILL BE PERMITTED, SUBJECT TO THE SAME LIMITATIONS. EACH FACILITY WILL WIDELY DISTRIBUTE ITS GUIDELINES CONCERNING CORRESPONDENCE AND OTHER MAIL. The Detainee Handbook is The facility provides key information in languages other than English; In provided in English and the language(s) spoken by significant numbers of detainees. List any Spanish. exceptions. Incoming mail is distributed to detainees within 24 hours or 1 business Observed the incoming mail day after it is received and inspected. being processed and delivered the same day. The Detainee Handbook provides this information on page 14. Outgoing mail is delivered to the postal service within one business day The outgoing mail is picked up of its entering the internal mail system (excluding weekends and in the housing units at 7:30 a.m. holidays). and taken to the post office around 9:00 a.m. Monday through Friday. Staff does not open and inspect incoming general correspondence and The Detainee Handbook covers other mail (including packages and publications) without the detainee this procedure on page 14. present unless documented and authorized in writing by the Warden or equivalent for prevailing security reasons. Staff does not read incoming general correspondence without the Warden’s prior written approval. Special Correspondence is Staff does not inspect incoming special Correspondence for physical covered on pages 14 and 15 of contraband or to verify the “special” status of enclosures without the the Detainee Handbook. detainee present. Staff is prohibited from reading or copying incoming special Page 15 of the Detainee correspondence. Handbook. Staff is only authorized to inspect outgoing correspondence or other mail without the detainee present when there is reason to believe the item might present a threat to the facility's secure or orderly operation, endanger the recipient or the public, or might facilitate criminal activity. Correspondence to a politician or to the media is processed as special correspondence and is not read or copied. The The official authorizing the rejection of incoming mail sends written Correspondence/Package/Contra notice to the sender and the addressee. -band Denial Form is used at SDCF. The addressee, detainee, and Warden receive a copy of the form. The official authorizing censorship or rejection of outgoing mail provides the detainee with signed written notice. Same form as noted above. This Staff maintains a written record of every item removed from detainee form is maintained on file for mail. five years. The Warden or equivalent monitors staff handling of discovered contraband and its disposition. Records are accurate and up to date. Mailroom employee opens the The procedure for safeguarding cash removed from a detainee protects correspondence in the presence the detainee from loss of funds and theft. The amount of cash credited to of the detainee, and provides a detainee accounts is accurate. Discrepancies are documented and receipt identifying cash, money investigated. Standard procedure includes issuing a receipt to the order, or government check. The detainee. Business Office receives a copy to post into his/her commissary account. A copy of the receipt remains on file in the mailroom. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 17 of 80 CORRESPONDENCE AND OTHER MAIL POLICY: ALL FACILITIES WILL ENSURE THAT DETAINEES SEND AND RECEIVE CORRESPONDENCE IN A TIMELY MANNER, SUBJECT TO LIMITATIONS REQUIRED FOR THE SAFETY, SECURITY, AND ORDERLY OPERATION OF THE FACILITY. OTHER MAIL WILL BE PERMITTED, SUBJECT TO THE SAME LIMITATIONS. EACH FACILITY WILL WIDELY DISTRIBUTE ITS GUIDELINES CONCERNING CORRESPONDENCE AND OTHER MAIL. Original identity documents (e.g., passports, birth certificates) are The documents are listed in a immediately removed and forwarded to ICE staff for placement in Alog book which is hand carried files. to ICE. The ICE agent signs for the documents which are kept for five years. Staff provides the detainee a copy of his/her identity document(s) upon request. Staff disposes of prohibited items found in detainee mail in accordance with the “Control and Disposition of Contraband” Standard or the similar prevailing policy in IGSAs. Postage Allowance for Indigent Every indigent detainee has the opportunity to mail, at government Status is covered in the Detainee expense, reasonable correspondence about a legal matter, in three one Handbook on page 15. ounce letters per week and packages deemed necessary by ICE. Detainees can spend $50.00 a The facility has a system for detainees to purchase stamps and for mailing week in the commissary. There all special correspondence and a minimum of 5 pieces of general is no limit on the purchase of correspondence per week. stamps. The facility provides writing paper, envelopes, and pencils at no cost to ICE detainees. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: SDCF staff meets all components on the ICE National Detention Standard on Correspondence and other Mail. b6, b7c / June 24-26, 2008 Auditor’s Signature / Date DETAINEE HANDBOOK POLICY: EVERY OIC WILL DEVELOP A SITE-SPECIFIC DETAINEE HANDBOOK TO SERVE AS AN OVERVIEW OF, AND GUIDE TO, THE DETENTION POLICIES, RULES, AND PROCEDURES IN EFFECT AT THE FACILITY. THE HANDBOOK WILL ALSO DESCRIBE THE SERVICES, PROGRAMS, AND OPPORTUNITIES AVAILABLE THROUGH VARIOUS SOURCES, INCLUDING THE FACILITY, ICE, PRIVATE ORGANIZATIONS, ETC. EVERY DETAINEE WILL RECEIVE A COPY OF THIS HANDBOOK UPON ADMISSION TO THE FACILITY. COMPONENTS Y N NA REMARKS The detainee handbook is written in English and translated into Spanish, Handbook also available in or into the next most-prevalent Language(s). Spanish. The handbook is supplemented by the facility orientation video, where one is provided. Lesson plan reviewed - handbook All staff members receive a handbook and training regarding the topic included in two-hour Inmate handbook contents. Management section. The handbook is revised as necessary and there are procedures in place FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 18 of 80 DETAINEE HANDBOOK POLICY: EVERY OIC WILL DEVELOP A SITE-SPECIFIC DETAINEE HANDBOOK TO SERVE AS AN OVERVIEW OF, AND GUIDE TO, THE DETENTION POLICIES, RULES, AND PROCEDURES IN EFFECT AT THE FACILITY. THE HANDBOOK WILL ALSO DESCRIBE THE SERVICES, PROGRAMS, AND OPPORTUNITIES AVAILABLE THROUGH VARIOUS SOURCES, INCLUDING THE FACILITY, ICE, PRIVATE ORGANIZATIONS, ETC. EVERY DETAINEE WILL RECEIVE A COPY OF THIS HANDBOOK UPON ADMISSION TO THE FACILITY. COMPONENTS Y N NA REMARKS for immediately communicating any revisions to staff and detainees. There an annual review of the handbook by a designated committee or Last revision was May, 2008. staff member. The detainee handbook addresses the following issues: Personal Items permitted to be retained by the detainee; and Initial issue of clothes, bedding and personal hygiene items. The detainee handbook states in clear language the basic detainee responsibilities. The handbook clearly outlines the methods for classification of detainees, explains each level, and explains the classification appeals process. The handbook states when a medical examination will be conducted. The handbook describes the facility, housing units, dayrooms, in-dorm activities, and special housing units. The handbook describes official count times and count procedures; meal times and feeding procedures; procedures for medical or religious diets; smoking policy; clothing exchange schedules; and, if authorized, clothes washing and drying procedures, and expected personal hygiene practices. The handbook describe times and procedures for obtaining disposable razors, and allows that detainees attending court will be afforded the opportunity to shave first. The handbook describes barber hours and hair cutting restrictions. Policy was needed for detainees The handbook describes the telephone policy; debit card procedures; when telephone use is high. direct and free calls; locations of telephones; policy when telephone Corrective action was taken and demand is high; and policy and procedures for emergency phone calls. information was posted in units. The handbook addresses religious programming. The handbook states times and procedures for commissary or vending machine usage, where available. The handbook describes the detainee voluntary work program. Detainees are paid $1.00 per day. The handbook describes the library location and hours of operation, and law library procedures and schedules. The handbook describes attorney and regular visitation hours, policies, and procedures. The handbook describes the facility contraband policy. The handbook describes the facility visiting hours and schedule, and visiting rules and regulations. The handbook describes the correspondence policy and procedures. The handbook describes the detainee disciplinary policy and procedures, including: Prohibited acts and severity scale sanctions; Time limits in the Disciplinary Process; and Summary of the Disciplinary Process. A clarification was needed in the The grievance section of the handbook explains all steps in the handbook that describes if grievance process – Including: detainees are dissatisfied with the Informal (if used) and formal grievance procedures; facilities response to a grievance The appeals process; that they may communicate or In CDF facilities: procedures for filing an appeal of a appeal directly to ICE. This FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 19 of 80 DETAINEE HANDBOOK POLICY: EVERY OIC WILL DEVELOP A SITE-SPECIFIC DETAINEE HANDBOOK TO SERVE AS AN OVERVIEW OF, AND GUIDE TO, THE DETENTION POLICIES, RULES, AND PROCEDURES IN EFFECT AT THE FACILITY. THE HANDBOOK WILL ALSO DESCRIBE THE SERVICES, PROGRAMS, AND OPPORTUNITIES AVAILABLE THROUGH VARIOUS SOURCES, INCLUDING THE FACILITY, ICE, PRIVATE ORGANIZATIONS, ETC. EVERY DETAINEE WILL RECEIVE A COPY OF THIS HANDBOOK UPON ADMISSION TO THE FACILITY. COMPONENTS Y N NA REMARKS grievance with ICE. change and clarification was made and information has been Staff/detainee availability to help during the grievance process. posted in the units. Guarantee against staff retaliation for filing/pursuing a grievance. How to file a complaint about officer misconduct with the Department of Homeland Security. The detainee handbook describes the medical sick call procedures for general population and segregation. The handbook describes the facility recreation policy including: Outdoor recreation hours. Indoor recreation hours. The handbook describes the detainee dress code for daily living; and work assignments. The handbook specifies the rights and responsibilities of all detainees. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: The San Diego Correctional Facility Inmate/Detainee Admission and Orientation Handbook was revised in May 2008. The handbook is very comprehensive and provides an outstanding overview of the facility operation. b6, b7c / June 24-26, 2008 Auditor’s Signature / Date FOOD SERVICE POLICY: EVERY FACILITY WILL PROVIDE DETAINEES IN ITS CARE WITH NUTRITIOUS AND APPETIZING MEALS, PREPARED IN ACCORDANCE WITH THE HIGHEST SANITARY STANDARDS. COMPONENTS Y N NA REMARKS The food service program is under the direct supervision of a Food Service is under contract professionally trained and certified food service administrator. with Canteen. SDCF policy 11Responsibilities of cooks and cook foremen are in writing. The Food 1, Food Service Operations, Service Administrator (FSA) determines the responsibilities of the Food Section B, Management, meets Service Staff. the standard. The Cook Supervisor is on duty on days when the FSA is off duty and vice versa. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 20 of 80 FOOD SERVICE POLICY: EVERY FACILITY WILL PROVIDE DETAINEES IN ITS CARE WITH NUTRITIOUS AND APPETIZING MEALS, PREPARED IN ACCORDANCE WITH THE HIGHEST SANITARY STANDARDS. COMPONENTS Y N NA REMARKS The FSA provides food service employees with training that specifically Training is documented and addresses detainee-related issues. kept on file in the Food Service In ICE Facilities this includes a review of the ICE "Food Manager's office. Service" standard 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 monitors the condition of knives and dining utensils. When necessary, special procedures govern the handling of food items that pose a security threat. Operating procedures include daily searches (shakedowns) of detainee work areas. The FSA monitors staff implementation of the facility's population counts procedures. Staff is trained in count procedures. The detainees assigned to the food service department look neat and clean. Their clothing and grooming comply with the "Food Service" standard. The FSA annually reviews detainee-volunteer job descriptions to ensure they are accurate and up-to-date. The Cook Foreman or equivalent instructs newly assigned detainee workers in the rules and procedures of the food service department. During orientation and training session(s), the CS explains and demonstrates: Safe work practices and methods; Safety features of individual products/pieces of equipment; and Training covers the safe handling of hazardous material[s] the detainees are likely to encounter in their work. The Cook Supervisor documents all training in individual detainee detention files. Detainees at CDFs are paid in accordance with the “Voluntary Work Program” standard. Detainee workers at IGSAs are subject to local and state rules and regulations regarding detainee pay. Detainees are served at least two hot meals every day. No more than 14 hours elapse between the last meal served and the first meal of the following day. There are no knives in this facility. The on-duty security officer assigned to food service maintains control of the key that locks the tool room. There are no knives in this facility. Food Service staff is not involved in the institution counts. All counts are conducted by the CCA correctional officers assigned to food service. All detainees are required to attend a training session when assigned to food service. Specialized training is provided in safety related issues, handling chemicals, proper operation of equipment and proper sanitation methods used to clean equipment, etc. Training sessions are conducted weekly. All training sessions are documented and the detainees are required to sign an attendance sheet. A copy of the training document signed by the staff member and the detainee are placed in the detainee file. Detainees are paid $1.00 per day. Three hot meals are provided daily. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 21 of 80 FOOD SERVICE POLICY: EVERY FACILITY WILL PROVIDE DETAINEES IN ITS CARE WITH NUTRITIOUS AND APPETIZING MEALS, PREPARED IN ACCORDANCE WITH THE HIGHEST SANITARY STANDARDS. COMPONENTS Y N NA REMARKS Bulk food is transported to the For cafeteria style operations, a transparent "sneeze guard" protects both units for service at each meal. the serving line and salad bar line. The food is placed on a cafeteria style four well serving line. There is no sneeze guard on any of the serving lines. The facility has a standard 35-day menu cycle. IGSAs use a 35 day or similar system for rotating meals. The FSA or facility considers the ethnic diversity of the facility’s Taco's, refried beans, salsa, detainee population when developing menu cycles (Provide tortillas, Spanish rice, barbeque examples). chicken, burritos, and chili con carne are some examples of items served to the population. Nutritional analysis of the A registered dietitian conducts a complete nutritional analysis of every master cycle menu plan was master-cycle menu planned. conducted by a Registered Dietitian from Canteen Correctional Services. The menus are certified and nutritionally adequate. The FSA has established procedures to ensure that items on the mastercycle menu are prepared and presented according to approved recipes. The Cook Foreman has the authority to change menu items if necessary. Substitutions are rare; however, If yes, documenting each substitution, along with its a substitution log is maintained justification in the event a menu item is substituted. With copy to FSA All staff and volunteers know and adhere to written "food preparation" procedures. Detainees whose religious beliefs require the adherence to particular All detainee requests are religious dietary laws are referred to the Chaplain or FSA. reviewed by the Chaplain. A common-fare menu available to detainees whose dietary requirements cannot be met on the main line. Changes to the planned common-fare menu can be made at the facility level; There are four detainees Hot entrees are offered three times a week; participating on the common The common-fare menus satisfy nutritional recommended fare menu. The common-fare daily allowances (RDAs); menu has been nutritionally Staff routinely provide hot water for instant beverages and analyzed to insure the foods; recommended daily allowances o Common-fare meals are served with: are provided. Disposable plates and utensils. Reusable plates and utensils. Staff use separate cutting boards, knives, spoons, scoops, etc., to prepare the common-fare diet items. A supervisor at the command level must approve a detainee’s removal from the Common-Fare Program. The Warden, in conjunction with the chaplain and/or local religious leaders, provides the FSA a schedule of the ceremonial meals for the following calendar year. The common-fare program accommodates detainees abstaining from particular foods or fasting for religious purposes at prescribed times of FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 22 of 80 FOOD SERVICE POLICY: EVERY FACILITY WILL PROVIDE DETAINEES IN ITS CARE WITH NUTRITIOUS AND APPETIZING MEALS, PREPARED IN ACCORDANCE WITH THE HIGHEST SANITARY STANDARDS. COMPONENTS Y N NA REMARKS the year. Muslims fasting during Ramadan receive their meals after sundown. Jews who observe Passover but do not participate in the Common-Fare Program receive the same Kosher-for- Passover meals as those who do participate. Main-line offerings include one meatless meal (lunch or dinner) on Ash Wednesday and Fridays during Lent. The food service program addresses medical diets. Medical diets are provided as prescribed by the medical staff. Satellite-feeding programs follow guidelines for proper sanitation. Hot and cold foods are maintained at the prescribed, "safe" Close attention to monitoring temperature(s) while being served. and recording food temperatures is routine practice. Temperatures are recorded and filed. Portion control is strictly All meals are provided in nutritionally adequate portions. enforced to insure proper nutrition is provided. Food is not used to punish or reward detainees based upon behavior. Food Service staff visually The food service staff instructs detainee volunteers on: inspects each detainee for Personal cleanliness and hygiene; cleanliness, cuts or scrapes on Sanitary techniques for preparing, storing, and serving food; hands or arms and personal and hygiene prior to work The sanitary operation, care, and maintenance of equipment. assignment. Everyone working in the food service department complies with food safety and sanitation requirements. Standard operating procedures include weekly inspections of all food service areas, including dining and food-preparation areas and equipment. Who conducts the inspections? Equipment is inspected for compliance with health and safety codes and regulations. When was the most recent inspection? Which agency conducted the inspection? Inspections are conducted weekly by the Food Service Manager and the Safety Manager. Daily inspections are conducted by the Food Service Supervisors. The San Diego County Health Department conducted an inspection in May 2008. Inspections are conducted every quarter by the County Health Department. Reports of discrepancies are forwarded to the Warden or designated department head, and corrective action is scheduled and completed. Standard procedure includes checking and documenting temperatures of all dishwashing machines after each meal. Staff documents the results of every refrigerator/freezer temperature check. The cleaning schedule for each food service area is conspicuously posted. Temperature logs are maintained on each of the coolers and freezers. Cleaning schedules are posted throughout food service. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 23 of 80 FOOD SERVICE POLICY: EVERY FACILITY WILL PROVIDE DETAINEES IN ITS CARE WITH NUTRITIOUS AND APPETIZING MEALS, PREPARED IN ACCORDANCE WITH THE HIGHEST SANITARY STANDARDS. COMPONENTS Y N NA REMARKS Procedures include inspecting all incoming food shipments for damage, contamination, and pest infestation. Storage areas are locked when not in use. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: SDCF policy 11-1, Food Service Operations is in compliance with the national standard. Food Service is under contract with Canteen Correctional Services. Detainee meals are nutritionally adequate. Medical diets are provided as prescribed by the medical staff. The common-fare menu plan is available for those detainees who cannot meet their religious requirements on the regular menu. The quality of food during the review was acceptable. Sanitation procedures are excellent. The "clean as you go" policy is routinely practiced. Inspections are conducted daily by the food service staff and weekly by the Food Service Manager and the Safety Officer. The San Diego County Health Department conducts an inspection of the Food Service area each quarter. Sanitation throughout the food service area was excellent. Bulk food is transported to the units for service at each meal. The food is placed on a cafeteria style four-well serving line. Trays are prepared from this serving line by detainees who are supervised by unit staff. There is no sneeze guard on any of the serving lines to protect the food from possible contamination. b6, b7c / June 24-26, 2008 Auditor’s Signature / Date FUNDS AND PERSONAL PROPERTY POLICY: ALL FACILITIES WILL IMPLEMENT PROCEDURES TO CONTROL AND SAFEGUARD DETAINEES’ PERSONAL PROPERTY. PROCEDURES WILL PROVIDE FOR THE SECURE STORAGE OF FUNDS, VALUABLES, BAGGAGE AND OTHER PERSONAL PROPERTY; THE DOCUMENTATION AND RECEIPTING OF SURRENDERED PROPERTY; AND THE INITIAL AND REGULARLY SCHEDULED INVENTORYING OF ALL FUNDS, VALUABLES, AND OTHER PROPERTY. STANDARD NA: (IGSA ONLY) CHECK THIS BOX IF ALL ICE DETAINEE FUNDS, VALUABLES AND PROPERTY ARE HANDLED ONLY BY THE ICE FIELD OFFICE OR SUB-OFFICE IN CONTROL OF THE DETAINEE CASE. COMPONENTS YES NO NA REMARKS SDCF policy 14-6, Detainee funds and valuables are properly separated, stored, and are Inmate/Resident Property accessible only by designated supervisor(s). provides specific guidelines and procedures to control and safeguard detainee’s personal property. Detainees’ large valuables are secured in a location accessible to designated supervisor(s) or processing staff only. An automated system, IMS2 Staff itemizes the baggage and personal property of arriving detainees generates a detainee personal (including funds and valuables). For IGSAs and CDFs, using a personal property inventory form that meets the ICE standard? property list/receipt. Staff forwards an arriving detainee’s medication to the medical staff. Audits of baggage and non-valuable property occur each quarter and Audits are conducted routinely audits are logged and verified. on a daily basis. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 24 of 80 FUNDS AND PERSONAL PROPERTY POLICY: ALL FACILITIES WILL IMPLEMENT PROCEDURES TO CONTROL AND SAFEGUARD DETAINEES’ PERSONAL PROPERTY. PROCEDURES WILL PROVIDE FOR THE SECURE STORAGE OF FUNDS, VALUABLES, BAGGAGE AND OTHER PERSONAL PROPERTY; THE DOCUMENTATION AND RECEIPTING OF SURRENDERED PROPERTY; AND THE INITIAL AND REGULARLY SCHEDULED INVENTORYING OF ALL FUNDS, VALUABLES, AND OTHER PROPERTY. STANDARD NA: (IGSA ONLY) CHECK THIS BOX IF ALL ICE DETAINEE FUNDS, VALUABLES AND PROPERTY ARE HANDLED ONLY BY THE ICE FIELD OFFICE OR SUB-OFFICE IN CONTROL OF THE DETAINEE CASE. SDCF policy 14-6, section 3, Two officers are present during the processing of detainee funds and Funds, identifies procedures that valuables during in-processing to the facility. Both officers verify funds are in compliance with the and valuables. national standard. Staff searches arriving detainees and their personal property for contraband. Staff procedures follow written policy for returning forgotten property to detainees. Property discrepancies are immediately reported to the CDEO or Chief of Security. Staff follows written procedures when returning property to detainees. CDF/IGSA facility procedures for handling detainee property claims are similar with the ICE standard. Written notice to the outThe facility attempts to notify an out-processed detainee that he/she left processed detainee is not sent by property in the facility: certified mail. This procedure By sending written notice to the detainee’s last known address; was changed during the review Via certified mail; and process to insure all future The notice state that the detainee has 30 days in which to claim notifications will be mailed via the property, after which it will be considered abandoned. certified mail. The facility disposes of abandoned property in accordance with written procedures. If a CDF/IGSA facility, written procedure requires the prompt forwarding of abandoned property to ICE. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS SDCF policy 14-6, Inmate/Resident Property is in compliance with the ICE National Detention Standard. Excellent procedures are in place to provide for the secure storage of personal property and funds. This facility utilizes an automated system, IMS2, which generates a detainee personal property list/receipt. Audits of detainee personal property are on-going rather than scheduled. This practice has contributed to fewer property discrepancies. Funds are verified by two officers when detainees are received in Booking. The detainee is provided a receipt for all funds, valuables and other personal property. An area of strength identified in this review is all detainee personal clothing is laundered prior to placement in storage; this is a huge task which has positively contributed to the overall cleanliness and organization of the detainee personal storage area. The detainee personal clothing storage area is very clean, well organized, and secure. b6, b7c / June 24-26, 2008 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 25 of 80 DETAINEE GRIEVANCE PROCEDURES POLICY: EVERY FACILITY WILL DEVELOP AND IMPLEMENT STANDARD OPERATING PROCEDURES (SOPS) FOR ADDRESSING DETAINEE GRIEVANCES IN TIMELY FASHION. EACH STEP IN THE PROCESS WILL OCCUR WITHIN THE PRESCRIBED TIME FRAME. AMONG OTHER THINGS, A GRIEVANCE WILL BE PROCESSED, INVESTIGATED, AND DECIDED (SUBJECT TO APPEAL) IN ACCORDANCE WITH THE SOPS; A GRIEVANCE COMMITTEE WILL CONVENE AS PROVIDED IN THE SOPS. STANDARD PROCEDURE WILL INCLUDE PROVIDING THE DETAINEE WITH A WRITTEN RESPONSE TO ANY FORMAL GRIEVANCE, WHICH WILL INCLUDE THE BASIS FOR THE DECISION. THE FACILITY WILL ALSO ESTABLISH STANDARD PROCEDURES FOR HANDLING EMERGENCY GRIEVANCES. ALL GRIEVANCES WILL RECEIVE SUPERVISORY REVIEW. REPRISAL AGAINST THE FILER OF A GRIEVANCE WILL NOT BE TOLERATED. COMPONENTS Y N NA REMARKS SDCF Policy 14-5, Written procedures provide for the informal resolution of oral Inmate/Resident Grievance grievances (Not mandatory). Procedures dated March 14, 2007 If yes, the detainee has up to five days within which to make outlines informal resolutions. his/her concern known to a member of the staff. Medical local operating procedure 3.13, Patient Grievances, revised in March 2008, also addresses a procedure for medical grievances. Detainees have access to the grievance committee (or equivalent in This information such as IGSA), using formal procedures. grievance committee and obtaining assistance in filing a Detainees may seek help from other detainees or facility staff FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 26 of 80 DETAINEE GRIEVANCE PROCEDURES POLICY: EVERY FACILITY WILL DEVELOP AND IMPLEMENT STANDARD OPERATING PROCEDURES (SOPS) FOR ADDRESSING DETAINEE GRIEVANCES IN TIMELY FASHION. EACH STEP IN THE PROCESS WILL OCCUR WITHIN THE PRESCRIBED TIME FRAME. AMONG OTHER THINGS, A GRIEVANCE WILL BE PROCESSED, INVESTIGATED, AND DECIDED (SUBJECT TO APPEAL) IN ACCORDANCE WITH THE SOPS; A GRIEVANCE COMMITTEE WILL CONVENE AS PROVIDED IN THE SOPS. STANDARD PROCEDURE WILL INCLUDE PROVIDING THE DETAINEE WITH A WRITTEN RESPONSE TO ANY FORMAL GRIEVANCE, WHICH WILL INCLUDE THE BASIS FOR THE DECISION. THE FACILITY WILL ALSO ESTABLISH STANDARD PROCEDURES FOR HANDLING EMERGENCY GRIEVANCES. ALL GRIEVANCES WILL RECEIVE SUPERVISORY REVIEW. REPRISAL AGAINST THE FILER OF A GRIEVANCE WILL NOT BE TOLERATED. COMPONENTS Y N NA REMARKS when preparing a grievance. grievance is included in policy. Illiterate, disabled, or non-English-speaking detainees receive special assistance when necessary. Procedures for emergency Every member of the staff knows how to identify emergency grievances, grievances are included in local including the procedures for expediting them. policy. There are documented or substantiated cases of staff harassing, In an interview with the disciplining, penalizing, or otherwise retaliating against a detainee who Grievance Officer, there are no lodged a complaint: documented cases of staff harassment against a detainee If yes, explain. who filed a grievance. The CCA grievance log was Procedures include maintaining a Detainee Grievance Log. reviewed. A total of 37 If not, an alternative acceptable record keeping system is grievances have been filed so far maintained. in 2008. A total of 195 were filed "Nuisance complaints" are identified in the records. in 2007. Medical grievances were For quality control purposes, staff document nuisance also reviewed along with the ICE complaints received but not filed. detainee request log. This verbiage is included in the Staff is required to forward any grievance that includes officer local SDCF grievance policy. misconduct to a higher official or, in a CDF/IGSA facility, to ICE. ICE detainee request form log was also reviewed. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: Policy and procedures are in place for the grievance program. SDCF CCA staff, Medical staff, and ICE work together to address grievances and routine detainee request forms. The current operation meets required standards. b6, b7c / June 24-26, 2008 Auditor’s Signature / Date ISSUANCE AND EXCHANGE OF CLOTHING, BEDDING, AND TOWELS POLICY: ICE REQUIRES THAT ALL FACILITIES HOUSING ICE DETAINEES PROVIDE CLEAN CLOTHING, BEDDING, LINENS AND TOWELS TO EVERY ICE DETAINEE UPON ARRIVAL. FURTHER, FACILITIES SHALL PROVIDE ICE DETAINEES WITH REGULAR EXCHANGES OF CLOTHING, LINENS, AND TOWELS FOR AS LONG AS THEY REMAIN IN DETENTION. COMPONENTS The facility has a policy and procedure for the regular issuance and exchange of clothing, bedding, linens, and towels. The supply of these items exceeds the minimum required for the number of detainees. All new detainees are issued clean, temperature-appropriate, presentable YES NO NA REMARKS SDCF policy 14-6, Inmate/Resident Property dated June 15, 2007 covers guidelines for issuance and exchange of clothing. Current issue of clothing for FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 27 of 80 ISSUANCE AND EXCHANGE OF CLOTHING, BEDDING, AND TOWELS POLICY: ICE REQUIRES THAT ALL FACILITIES HOUSING ICE DETAINEES PROVIDE CLEAN CLOTHING, BEDDING, LINENS AND TOWELS TO EVERY ICE DETAINEE UPON ARRIVAL. FURTHER, FACILITIES SHALL PROVIDE ICE DETAINEES WITH REGULAR EXCHANGES OF CLOTHING, LINENS, AND TOWELS FOR AS LONG AS THEY REMAIN IN DETENTION. COMPONENTS clothing during in-processing. Detainees receive: One uniform shirt and one pair of uniform pants, or one jumpsuit; One pair of socks; One pair of underwear (Daily change); and One pair of facility-issued footwear. Additional clothing is available for changing weather conditions, or as seasonally appropriate. New detainees are issued clean bedding, linens, and towels. They receive at a minimum: One mattress; One blanket; Two sheets; One pillowcase; One towel; and Additional blankets are issued based on local weather conditions. Detainees assigned to special work areas are clothed in accordance with the requirements of the job. Detainees are provided clean clothing, linen and towels. Socks and undergarments - exchanged daily. Outer garments - twice weekly. Sheets - weekly. Towels - weekly. Pillowcases - weekly. Food service detainee volunteer workers are permitted to exchange outer garments daily. Volunteer detainee workers are permitted to exchange outer garments more frequently. ACCEPTABLE DEFICIENT YES NO NA REMARKS detainees exceeds some ICE requirements. SDCF standard issue meets requirements. Detainees are issued five pairs of socks and undergarments to meet this standard. Food service uniforms are washed daily by the laundry. AT-RISK REPEAT FINDING REMARKS: Sanitation in the laundry was excellent. All chemicals were secured and accounted for. Detainee volunteer workers are receiving documented safety training. The issuing of clothing, linen and towels meets appropriate standards. An adequate supply of clothing is on hand. b6, b7c / June 24-26, 2007 AUDITOR’S SIGNATURE / DATE MARRIAGE REQUESTS POLICY: ALL DETAINEE MARRIAGE REQUESTS WILL RECEIVE CASE-BY-CASE CONSIDERATION FROM ICE MANAGEMENT. COMPONENTS Y N NA REMARKS SDCF policy 14-7, The Field Office considers detainee marriage requests on a case-by-case Inmate/Resident Marriages basis. provides procedures for FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 28 of 80 MARRIAGE REQUESTS POLICY: ALL DETAINEE MARRIAGE REQUESTS WILL RECEIVE CASE-BY-CASE CONSIDERATION FROM ICE MANAGEMENT. detainees to request consideration for marriage. Form 17-7B is provided to ICE The Field Office Director reviews every marriage request rejected by a for review of a detainee's Warden/OIC or IGSA. Rejections are documented. marriage request. It is standard practice to require a written request for permission to marry. The written request includes a signed statement or comparable documentation from the intended spouse, confirming marital intent. The Warden/OIC provides a written copy of his/her decision to the detainee and his/her legal representative. When permission is denied, the Warden/OIC states the basis for his/her decision. The Warden/OIC provides the detainee with a place and time to make wedding arrangements. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: SDCF policy and procedures meet the ICE National Detention Standards on Marriage Requests. The Chaplain coordinates all the requirements and activities for institutional wedding ceremonies. The detainee is responsible for all fees associated with the ceremony. / June 24-26, 2008 b6, b7c Auditor’s Signature / Date NON-MEDICAL EMERGENCY ESCORTED TRIPS POLICY: THE IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) MAY PROVIDE DETAINEES WITH STAFF-ESCORTED TRIPS INTO THE COMMUNITY FOR THE PURPOSE OF VISITING CRITICALLY ILL MEMBERS OF THE DETAINEE’S IMMEDIATE FAMILY, OR FOR ATTENDING FUNERALS. STANDARD N/A: CHECK THIS BOX IF ALL ICE NON-MEDICAL EMERGENCY ESCORTED TRIPS ARE HANDLED ONLY BY THE ICE FIELD OFFICE OR SUB-OFFICE IN CONTROL OF THE DETAINEE CASE. COMPONENTS YES NO NA REMARKS The Field Office Director considers and approves, on a case-by-case basis, trips to an immediate family member's: Funeral; or FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 29 of 80 NON-MEDICAL EMERGENCY ESCORTED TRIPS POLICY: THE IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) MAY PROVIDE DETAINEES WITH STAFF-ESCORTED TRIPS INTO THE COMMUNITY FOR THE PURPOSE OF VISITING CRITICALLY ILL MEMBERS OF THE DETAINEE’S IMMEDIATE FAMILY, OR FOR ATTENDING FUNERALS. STANDARD N/A: CHECK THIS BOX IF ALL ICE NON-MEDICAL EMERGENCY ESCORTED TRIPS ARE HANDLED ONLY BY THE ICE FIELD OFFICE OR SUB-OFFICE IN CONTROL OF THE DETAINEE CASE. COMPONENTS YES NO NA REMARKS Deathbed The facility recognizes mother, father, brother, sister, spouse, child, stepparent, and foster parent as "immediate family". The IGSA facility notifies ICE of all detainee requests for non-medical escorts. The detainee’s Deportation Officer reviews the file before forwarding a detainee's request, with recommendation, to the approving official. Each recommendation addresses the individual's suitability for travel; e.g., the kind of supervision required. Each escort includes at least two officers. Escorting officers report unexpected situations to the originating facility as a matter of procedure, and the ranking supervisor on duty has the authority to issue instructions for completion of the trip. Escorting officers have the discretion to increase or decrease minimum restraints in accordance with written procedures and classification level of the detainee. Escort officers are precluded from accepting gifts/gratuities from a detainee, or detainee's relative or friend for any reason. Escort officers ensure that detainees: Conduct themselves in a manner that does not bring discredit to the ICE; Do not violate federal, state, or local laws; Do not purchase, possess, use, consume, or administer narcotics, other drugs, or intoxicants; Make no unauthorized phone calls; and Know they are subject to search, urinalysis, breathalyzer, or comparable test upon return. Standard procedure requires the immediate return to the facility of any detainee who violates trip rules. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: All Non-Medical Emergency Escorted Trips are provided by ICE. ICE has excellent procedures in place to conduct these trips. b6, b7c / June 24-26, 2008 AUDITOR’S SIGNATURE / DATE RECREATION POLICY: IT IS ICE POLICY TO PROVIDE ACCESS TO RECREATIONAL PROGRAMS AND ACTIVITIES TO ALL ICE DETAINEES, TO THE EXTENT POSSIBLE, UNDER CONDITIONS OF SECURITY AND SUPERVISION THAT PROTECT THEIR SAFETY AND WELFARE. COMPONENTS The facility has a recreation program and facility. Y N NA REMARKS SDCF policy 20-100, Recreation and Leisure Time FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 30 of 80 RECREATION POLICY: IT IS ICE POLICY TO PROVIDE ACCESS TO RECREATIONAL PROGRAMS AND ACTIVITIES TO ALL ICE DETAINEES, TO THE EXTENT POSSIBLE, UNDER CONDITIONS OF SECURITY AND SUPERVISION THAT PROTECT THEIR SAFETY AND WELFARE. Programs provide programs and activities to ICE detainees. A recreational specialist (for facilities with more than 350 detainees) tailors the program activities and offerings to the detainee population. Regular maintenance keeps recreational facilities and equipment in good condition. The recreational specialist or trained equivalent supervises detainee recreation workers. The recreational specialist or trainee equivalent oversees recreation programs for special housing units (SHU) and special-needs detainees. Dayrooms offer sedentary activities, e.g., board games, cards, television. Outside activities are restricted to limited-contact sports. Each detainee has the opportunity to participate in daily recreation. Detainees have access to recreation activities outside the housing units for at least one hour daily, 5 days a week. Staff checks all items for damage and condition when equipment is returned. Staff conducts searches of recreation areas before and after use. All recreation areas under constant staff supervision. Basketball is the primary outside activity. Detainees are provided 2 1/2 hours access to outside recreation daily. All areas are supervised by security staff. Supervising staff is equipped with radios. The facility provides detainees in the SHU at least one hour of outdoor recreation time daily, five times per week. Detainees in disciplinary/administrative segregation receive a written explanation when a panel revokes his/her recreation privileges. Special programs or religious activities are available to detainees. Volunteers are required to sign a waiver of liability before entering a The waiver of liability for each secure portion of the facility where detainees are present. volunteer is on file. Visitors, relatives or friends are not allowed to serve as volunteers. If outdoor recreation is offered, check this box. No further information is required when outdoor recreation is offered. If the facility has no outside recreation, are detainees considered for transfer after six months? If yes, written procedures ensure timely review of all eligible detainees. Case officers make written transfer recommendations about every sixmonth detainee to the OIC. The OIC documents all detainee-transfer decisions, whether yes or no. The detainee’s written decision for or against an offered transfer documented in his/her A-file. Staff notifies the detainee’s legal representative of his/her decision to accept/decline a transfer. If no recreation is available, the ICE Districts routinely review transfer eligibility for all detainees after 60 days. The A-file of every detainee who is held more than 60 days without access to recreation contains either a transfer-waiver signed by the detainee, or the OIC’s written determination of the detainee’s ineligibility for transfer. The detainee’s legal representative is notified of the detainee’s/OIC’s decision. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 31 of 80 RECREATION POLICY: IT IS ICE POLICY TO PROVIDE ACCESS TO RECREATIONAL PROGRAMS AND ACTIVITIES TO ALL ICE DETAINEES, TO THE EXTENT POSSIBLE, UNDER CONDITIONS OF SECURITY AND SUPERVISION THAT PROTECT THEIR SAFETY AND WELFARE. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: SDCF policy 20-100, Recreation and Leisure Time Activities, meets the ICE National Detention Standard on Recreation. The Recreation Specialist oversees all recreation activities. Detainees have ample opportunity to recreate outside. Schedules have been developed to provide equal opportunity for all detainees to participate. Activities are directly supervised by security staff. Outdoor activities include walking and basketball. Indoor activities include board games, cards, and television. b6, b7c / June 24-26, 2008 Auditor’s Signature / Date RELIGIOUS PRACTICES POLICY: FACILITIES WILL PROVIDE ICE DETAINEES OF ALL FAITHS WITH REASONABLE AND EQUITABLE OPPORTUNITIES TO PARTICIPATE IN THE PRACTICES OF THEIR FAITH, LIMITED ONLY BY THE CONSTRAINTS OF SAFETY, SECURITY, THE ORDERLY OPERATIONS OF THE FACILITY AND BUDGETARY CONSIDERATIONS. COMPONENTS REMARKS Y N NA Detainees are allowed to engage in religious services. SDCF policy 20-101, Chapter 20, Resident Services and FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 32 of 80 RELIGIOUS PRACTICES POLICY: FACILITIES WILL PROVIDE ICE DETAINEES OF ALL FAITHS WITH REASONABLE AND EQUITABLE OPPORTUNITIES TO PARTICIPATE IN THE PRACTICES OF THEIR FAITH, LIMITED ONLY BY THE CONSTRAINTS OF SAFETY, SECURITY, THE ORDERLY OPERATIONS OF THE FACILITY AND BUDGETARY CONSIDERATIONS. Programs and policy 20-103, Chapter 20, Inmate/Detainee Services and Programs is the current policy and procedure which provides detainees with reasonable opportunities to practice the faith of their choice. Space is available for detainees to conduct religious services. The facility allows detainees to observe the major “holy days” of their religious faith. List any exceptions. The facility accommodates recognized holy-day observances by: Providing special meals, consistent with dietary restrictions; Honoring fasting requirements; Facilitating religious services; and Allowing activity restrictions. Each detainee is allowed religious items in his/her immediate possession. A full background investigation Volunteer’s credentials are checked and verified before allowing is conducted on each volunteer participation in detainee programs. approved to participate in detainee programs. Members of faiths not represented by clergy may conduct their own services within security allowances. Detainees in the Special Management Unit are allowed to participate in religious practices unless otherwise documented for the safety and security of the facility. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: SDCF policy 20-101, Chapter 20, Resident Services and Programs and SDCF policy 20-103, Chapter 20, Inmate/Detainee Services and Programs meet the ICE National Standard on Religious Practices. Detainees are provided many opportunities to engage in religious services. Designated space is available to conduct religious services. Major holy days are observed. There are many volunteers to provide various services and programs. Various programs are offered daily. Volunteer's credentials are checked and verified prior to participation in detainee programs. b6, b7c / June 24-26, 2008 AUDITOR’S SIGNATURE / DATE VOLUNTARY WORK PROGRAM POLICY: IN EVERY FACILITY OFFERING A VOLUNTARY WORK PROGRAM, ICE DETAINEES WILL HAVE THE OPPORTUNITY TO WORK AND EARN MONEY BY PARTICIPATING. WHILE NOT LEGALLY REQUIRED, ICE AFFORDS DETAINEE WORKERS BASIC OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) PROTECTIONS. CHECK HERE IF ICE DETAINEES ARE NOT AUTHORIZED TO WORK AT THE IGSA FACILITY. AND MOVE TO NEXT SECTION. MARK NA ON FORM G-324A, PAGE 3 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 33 of 80 VOLUNTARY WORK PROGRAM POLICY: IN EVERY FACILITY OFFERING A VOLUNTARY WORK PROGRAM, ICE DETAINEES WILL HAVE THE OPPORTUNITY TO WORK AND EARN MONEY BY PARTICIPATING. WHILE NOT LEGALLY REQUIRED, ICE AFFORDS DETAINEE WORKERS BASIC OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) PROTECTIONS. CHECK HERE IF ICE DETAINEES ARE NOT AUTHORIZED TO WORK AT THE IGSA FACILITY. AND MOVE TO NEXT SECTION. COMPONENTS Does the facility have a voluntary work program? Do ICE detainees participate? Y Detainee housekeeping meets neatness and cleanliness standards. Detainees have the opportunity to participate in special details, however, are never allowed to work outside the secure perimeter. Written procedures govern selection of detainees for the Voluntary Work Program. Where possible, physically and mentally challenged detainees participate in the program. The facility complies with work-hour requirements for detainees, not exceeding: Eight hours a day and Forty hours a week. N MARK NA ON FORM G-324A, PAGE 3 NA REMARKS SDCF policy 19-100, Inmate/Detainee Voluntary Work Program provides proper procedures. Housing units are very clean. Procedures are outlined in SDCF policy 19-100. Detainees volunteer for various work assignments. Work assignments do not exceed eight hours per day or 40 hours per week. Detainee volunteers generally work according to fixed schedule. If a detainee is removed from a work detail, staff places the written justification for the action in the detainee’s detention file. Staff, in accordance with written procedure, ensures that detainee volunteers understand their responsibilities as workers before they join the work program. Each detainee assigned to a work detail must review and sign the inmate/detainee safety rules and regulations form. The voluntary work program meets: OSHA, NFPA, ACA standards Medical staff screen and formally certify detainee food service volunteers. Before the assignment begins; and As a matter of written procedure Detainees receive safety equipment/ training sufficient for the assignment. Proper procedure is followed when an ICE detainee is injured on the job. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS SDCF policy 19-100, Inmate/Detainee Voluntary Work Program meets the ICE National Detention Standard on Voluntary Work Program. ICE detainees have the opportunity to work on various work assignments. Detainees are paid $1.00 per day. Detainees work according to fixed work schedules. All detainees are medically cleared prior to any work assignment. b6, b7c / June 24-26, 2008 UDITOR S IGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 34 of 80 SECTION III. HEALTH SERVICES STANDARDS FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 35 of 80 HUNGER STRIKES POLICY: ALL FACILITIES WILL FOLLOW STANDARD GUIDELINES FOR THE MEDICAL AND ADMINISTRATIVE MANAGEMENT OF ICE DETAINEES ENGAGING IN HUNGER STRIKES. BY MONITORING OF THE HEALTH AND WELFARE OF THE INDIVIDUAL DETAINEES, FACILITIES WILL STRIVE TO SUSTAIN THEIR LIVES. COMPONENTS Y N NA REMARKS A memorandum to all staff from When a detainee has refused food for 72 hours, it is standard practice for the Warden dated November 6, staff to refer him/her to the medical department. 2007, titled Hunger Strike and CCA policy 13-49, titled Hunger Strikes address this component. This is addressed in Division of CDFs and IGSAs immediately report a hunger strike to the ICE. Immigration Health Services (DIHS) policy 8-14. This is addressed in the Hunger The facility has established procedures to ensure staff respond Strike memo from the Warden immediately to a hunger strike. and in CCA policy 13-49 Policy and procedure require that staff isolate a hunger-striking detainee This is addressed in the Hunger from other detainees. Strike Memo from the Warden and CCA policy 13-49. If yes, in an observation room? Medical personnel are authorized to place a detainee in the Special This is addressed in CCA policy Management Unit or a locked hospital room. 13-49. Hunger strike form DIHS-839 Medical staff records the weight and vital signs of a hunger-striking addresses baseline and daily detainee at least once every 24 hours. recording of vital signs and weight. The OIC of the facility obtains a hunger striker’s consent before medical DIHS policy 8-14 addresses treatment. this. A signed Refusal of Treatment form is required of every detainee who This is addressed in DIHS rejects medical evaluation or treatment. policy 8-14. During a hunger strike, staff document and provide the hunger-striking This is addressed in DIHS detainee three meals a day. policy 8-14. Staff maintains the hunger striker’s supply of drinking water/other Addressed in DIHS policy 8-14 beverages. During a hunger strike, staff removes all food items from the hunger striker’s living area. This is addressed in the Warden memo and CCA policy 13-49. Staff is directed to record the hunger striker’s fluid intake and food consumption; Does staff always use Hunger Strike Monitoring Form I839 or similar IGSA form. DIHS form 839 is utilized. The medical staff has written procedures for treating hunger strikers. This is addressed in DIHS policy 8-14. Addressed in DIHS policy 8-14 and documented using Case Trakker. All staff receives training in identifying and reporting hunger strikes. Staff documents all treatment attempts, including attempts to persuade hunger striker of medical risks. Staff has received training in identification of hunger strikes. Medical staff receives early training in hunger-strike evaluation and treatment. Staff remains current in evaluation and treatment techniques. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 36 of 80 REMARKS: CCA policy 13-49 and DIHS policy 8-14 are in compliance with the ICE National Detention Standard on Hunger Strikes. Staff is knowledgeable in the implementation of these policies. b6, b7c / June 24-26, 2008 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 37 of 80 ACCESS TO MEDICAL CARE POLICY: EVERY FACILITY WILL ESTABLISH AND MAINTAIN AN ACCREDITED/ACCREDITATION-WORTHY HEALTH PROGRAM FOR THE GENERAL WELL-BEING OF ICE DETAINEES. COMPONENTS Y N NA REMARKS Facilities operate a health care facility in compliance with state and local All licensed staff has current laws and guidelines. licenses and verification on file. Privileges for the physicians and mid-level providers were granted by the Clinical Director who left this facility 6 months ago. These privileges were updated today June 25, 2008 and granted by the Acting Medical Director and the contract full-time physician. Medical screening is performed The facility’s in-processing procedures for arriving detainees include by a RN or LPN and is thorough medical screening. and comprehensive. All detainees have access to and receive medical care. The facility has access to a PHS/DIHS Managed Health Care Coordinator. The medical staff is large enough to provide, examine, and treat the Medical staffing consists of an facility’s detainee population. acting Clinical Director (who is a nurse practitioner (LNP), an acting Health Services Administrator, an acting Assistant Health Services Administrator, a RN compliance officer, 6 mid-level practitioners (MLPs), 9 RN's, 19 licensed vocational nurses (LVN's), 2 nursing assistants, a certified medical assistant, a dentist, a dental assistant, a physician, 4 medical records technicians, an administrative assistant, and a psychologist. Part-time staff consists of 1 RN, a psychiatrist, 3 psychologists, a physician, and a medical record technician. The facility has sufficient space and equipment to afford detainee privacy when receiving health care. The medical facility has its own restricted-access area. The restricted access area is located within the confines of the secure perimeter. The medical facility entrance includes a holding/waiting room. The medical facility’s holding/waiting room is under the direct supervision of custodial staff. Detainees in the holding/waiting room have access to a drinking fountain. Medical records are kept apart from other files. They are: Secured in a locked area within the medical unit; With physical access restricted to authorized medical staff; and Although space is limited in the medical department it is adequate to provide privacy for patient encounters. There are three holding rooms. All are under supervision of custodial staff. The holding rooms all have a toilet and sink with a drinking fountain. Medical records are electronic using the Case Trakker system, with access restricted to medical FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 38 of 80 ACCESS TO MEDICAL CARE POLICY: EVERY FACILITY WILL ESTABLISH AND MAINTAIN AN ACCREDITED/ACCREDITATION-WORTHY HEALTH PROGRAM FOR THE GENERAL WELL-BEING OF ICE DETAINEES. staff. Procedurally, no copies made and placed in detainee files. Pharmaceuticals are stored in a secure area. Pharmaceuticals are stored in a secure pharmacy. Medical screening includes a Tuberculosis (TB) test. Every arriving detainee receives a TB test during the admission process; Digital chest x-rays are performed as part of the intake Detainee’s TB-screening does not occur more than one business screening. day after his/her arrival at the facility; and Detainees not screened are housed separate from the general population. All detainees receive a mental-health screening upon arrival. It is Mental health screenings are conducted: performed as part of the initial By a health care provider or specially trained officer; and intake screening by a RN or LVN. Before a detainee’s assignment to a housing unit. The facility health care provider promptly reviews all I-794s (or equivalent) to identify detainees needing medical attention. Review of 30 randomly selected The health care provider physically examines/assesses arriving detainees detainee files revealed that all within 14 days of admission/arrival at the facility. had physical examinations performed within 14 days. A health care provider makes Detainees in the Special Management Unit have access to health care medical rounds daily in the services. special housing units. Medical Request Slips are freely Staff provides detainees with health services (sick call) request slips available in the housing units. daily, upon request. Once completed by the detainee, Request slips are available in languages other than English, they are deposited in a locked including every language spoken by a sizeable number of the box marked medical. These are facility’s detainee population. picked up daily at 10:00 a.m. by Service-request slips are delivered in a timely fashion to the a health care provider, triaged, health care provider. and scheduled to be seen within 48 hours. The facility has a written plan for the delivery of 24-hour emergency Medical staff is on duty 24/7 health care when no medical personnel are on duty at the facility, or when immediate outside medical attention is required. Both RN's and MLP's are on a The plan includes an on-call provider. call schedule that is prominently posted in the medical department. The plan includes a list of telephone numbers for local ambulance and These numbers are posted in the hospital services. medical department. The plan includes procedures for facility staff to utilize this emergency health care consistent with security and safety. Detention staff is trained to respond to health-related emergencies within All correctional staff is CPR a 4-minute response time. trained and trained to respond within a 4 minute time frame. This is addressed in CCA policy 13-34.4 Where staff is used to distribute medication, a health care provider Medication is only distributed properly trains these officers. by health care staff. The medical unit keeps written records of medication that is distributed. The Form I-819 (or IGSA equivalent) is used to notify the The special needs form is FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 39 of 80 ACCESS TO MEDICAL CARE POLICY: EVERY FACILITY WILL ESTABLISH AND MAINTAIN AN ACCREDITED/ACCREDITATION-WORTHY HEALTH PROGRAM FOR THE GENERAL WELL-BEING OF ICE DETAINEES. Warden/Facility of a detainee that has special medical needs. utilized. A signed and dated consent form is obtained from a detainee before A general consent form is medical treatment is administered. signed as part of the intake processing procedures and is scanned into the Case Trakker system, medical records . Detainees use the I-813 (or IGSA equivalent) to authorize the release of I-813 is utilized. confidential medical records to outside sources. The facility health care provider is given advance notice prior to the Normally at least 24 hours release, transfer, or removal of a detainee. notice is given. Since medical records are Detainee's medical records or a copy thereof, are available and electronic, the detainee in transit transferred with the detainee. form USM 553 is utilized Medical records are placed in a sealed envelope or other container labeled with the detainee's name and A-number and marked "MEDICAL CONFIDENTIAL”. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: Although the department has limited physical space it is adequate for providing services to the detainee population. Staffing appears adequate and consists of a dedicated, cohesive, group of professionals who strive to provide the best care possible for the detainee population. Communication between the medical staff, CCA staff, and ICE staff is excellent and all work together to maintain the highest level of care for the detainees in their charge. b6, b7c / June 24-26, 2008 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 40 of 80 SUICIDE PREVENTION AND INTERVENTION POLICY: ALL DETENTION STAFF WORKING WITH ICE DETAINEES WILL BE TRAINED TO RECOGNIZE SUICIDE-RISK INDICATORS. STAFF WILL HANDLE POTENTIALLY SUICIDAL INDIVIDUALS WITH SENSITIVITY, SUPERVISION, AND REFERRALS. A CLINICALLY SUICIDAL DETAINEE WILL RECEIVE PREVENTIVE SUPERVISION AND TREATMENT. COMPONENTS Y N NA REMARKS All staff receives suicideEvery new staff member receives suicide-prevention training. Suicideprevention training during initial prevention training occurs during the employee orientation program. orientation and annually thereafter. Supervisory and medical staff receives training bi-annually. Training prepares staff to: Recognize potentially suicidal behavior; Refer potentially suicidal detainees, following facility procedures; and Understand and apply suicide-prevention techniques. A health-care provider or specially trained officer screens all detainees for Initial intake screening for suicide potential as part of the admission process. suicide potential is performed Screening does not occur later than one working day after the by nurses. detainee’s arrival. CCA policy 9-19, titled Suicide Written procedures cover when and how to refer at-risk detainees to Prevention/Risk Reduction medical staff and procedures are followed. addresses this. The facility has a designated isolation room for evaluation and treatment. Two rooms in the intake area are utilized. The rooms are completely The designated isolation room does not contain any structures or smaller padded and do not contain any items that could be used in a suicide attempt. structures or small items. Medical staff has approved the room for this purpose. Staff observes and documents the status of a suicide-watch detainee at Suicide watches are one-on-one least once every 15 minutes. direct observation. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: There have not been any suicides at this facility in the past 12 months. Suicide prevention policies and procedures are in compliance with all ICE standards. Staff is well trained and knowledgeable in suicide prevention/intervention procedures. / June 24-26, 2008 b6, b7c AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 41 of 80 TERMINAL ILLNESS, ADVANCED DIRECTIVES, AND DEATH POLICY ALL FACILITIES HOUSING ICE DETAINEES SHALL HAVE POLICIES AND PROCEDURES ADDRESSING THE ISSUES OF TERMINAL ILLNESS OR INJURY, MEDICAL ADVANCED DIRECTIVES, AND DETAINEE DEATH, TO INCLUDE THE PROCEDURES TO ENSURE PROPER NOTIFICATION IS PROVIDED TO ICE OFFICIALS, FAMILY MEMBERS AND OTHER INTERESTED PARTIES IN THE EVENT OF A DETAINEE BECOMING TERMINALLY ILL OR INJURED OR DEATH OF A DETAINEE OCCURS. IN ADDITION, THE POLICY WILL COVER PROCEDURES TO BE TAKEN IF THE DEATH OF A DETAINEE OCCURS WHILE IN TRANSIT. CHECK THIS BOX IF THE FACILITY DOES NOT ACCEPT ICE DETAINEES WHO ARE SEVERELY OR TERMINALLY ILL. INDICATE NA IN THE APPROPRIATE BOX FOR THIS PORTION OF THE WORKSHEET. ALWAYS COMPLETE ALL REFERENCES TO DETAINEE DEATH AND RELATED NOTIFICATIONS. COMPONENTS Y N NA REMARKS Detainees who are chronically or terminally ill are transferred to an appropriate offsite medical facility. The facility or appropriate ICE office promptly notifies the next of kin of the detainee’s medical condition, to include: The detainee's location; and The limitations placed on visiting. There are guidelines addressing the State Advanced Directive Form for Implementing Living Wills and Advanced Directives. The guidelines include instructions for detainees who wish to have a living will other than the generic form the DIHS provides or who wishes to appoint another to make advance decisions for him or her. The guidelines provide the detainee the opportunity to have a private attorney prepare the documents. There is a policy addressing "Do Not Resuscitate Orders” Detainees with a "Do Not Resuscitate" order in the medical record receive maximal therapeutic efforts short of resuscitation? The facility notifies the DIHS Medical Director and Headquarters’ Legal Counsel of the name and basic circumstances of any detainee with a "Do Not Resuscitate" order in the medical record. In the case of IGSAs, this notification is made through the local ICE representative. The facility has written procedures to address the issues of organ donation by detainees. The facility has written procedures to notify ICE officials, deceased family members and consulates, when a detainee dies while in Service. The facility has a policy and procedure to address the death of a detainee while in transport. At all ICE locations the detainee’s remains disposed of in accordance with the provisions detailed in this standard. In the event that neither family nor consulate claims the remains, the Field Office schedules an indigent’s burial, consistent with local procedures. Chronically or terminally ill detainees who are beyond the scope of the facility are transferred to Alvarado Hospital in San Diego. This is addressed in DIHS policy 2-4, titled Notification of Next of Kin/Local Authorities. DIHS policy 2-6, titled Advanced Directives and 2.6.1, titled Living Wills and Advanced Directives provide guidance. A copy of the California Advance Care Directive in English, Spanish, and Chinese is also included in the procedure manual. This is addressed in DIHS policy 2.6.1. This is addressed in DIHS policy 2.6.2, titled Obtaining Do Not Resuscitate Orders (DNR) in DIHS Medical Facilities and in Local Operating Procedure (LOP) 200, titled Do Not Resuscitate Orders (DNR). This is addressed in LOP 200, section III. This is addressed in LOP 200, section II. This is addressed in DIHS policy 2.6.4, titled Organ Donation. This is addressed in DIHS policy 2.4. This is addressed in Post Order Number 24. The on-site ICE staff follows the ICE standards. Since this is an ICE facility, ICE standards are followed. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 42 of 80 TERMINAL ILLNESS, ADVANCED DIRECTIVES, AND DEATH POLICY ALL FACILITIES HOUSING ICE DETAINEES SHALL HAVE POLICIES AND PROCEDURES ADDRESSING THE ISSUES OF TERMINAL ILLNESS OR INJURY, MEDICAL ADVANCED DIRECTIVES, AND DETAINEE DEATH, TO INCLUDE THE PROCEDURES TO ENSURE PROPER NOTIFICATION IS PROVIDED TO ICE OFFICIALS, FAMILY MEMBERS AND OTHER INTERESTED PARTIES IN THE EVENT OF A DETAINEE BECOMING TERMINALLY ILL OR INJURED OR DEATH OF A DETAINEE OCCURS. IN ADDITION, THE POLICY WILL COVER PROCEDURES TO BE TAKEN IF THE DEATH OF A DETAINEE OCCURS WHILE IN TRANSIT. CHECK THIS BOX IF THE FACILITY DOES NOT ACCEPT ICE DETAINEES WHO ARE SEVERELY OR TERMINALLY ILL. INDICATE NA IN THE APPROPRIATE BOX FOR THIS PORTION OF THE WORKSHEET. ALWAYS COMPLETE ALL REFERENCES TO DETAINEE DEATH AND RELATED NOTIFICATIONS. COMPONENTS Y N NA REMARKS If the detainee’s is a U.S. military veteran, is the Department of Veterans Affairs notified? An original or certified copy of a detainee’s death certificate is placed in the subject's a-file. The facility follows established policy and procedures describing when to contact the local coroner regarding such issues as: Performance of an autopsy; Who will perform the autopsy; Obtaining state approved death certificates; and Local transportation of the body. ICE staff follows established procedures to properly close the case of a deceased detainee. ACCEPTABLE DEFICIENT This is addressed in CCA policy 13-34. ICE standards are followed. AT-RISK REPEAT FINDING REMARKS: Training, policies, procedures, and implementation are in compliance with all ICE standards regarding serious illness, advanced directives, and death. Since this is an ICE facility, ICE staff and the OIC are on site and they utilize the ICE standard regarding death of a detainee. b6, b7c / June 24-26, 2008 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 43 of 80 SECTION IV. SECURITY AND CONTROL CONTRABAND POLICY: ALL DETENTION FACILITIES WILL ENSURE THE PROPER HANDLING AND DISPOSAL OF ALL CONTRABAND. DOCUMENTATION OF CONTRABAND DESTRUCTION IS REQUIRED. COMPONENTS Y N NA REMARKS The facility follows a written procedure for handling illegal contraband. San Diego Correctional Facility FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 44 of 80 CONTRABAND POLICY: ALL DETENTION FACILITIES WILL ENSURE THE PROPER HANDLING AND DISPOSAL OF ALL CONTRABAND. DOCUMENTATION OF CONTRABAND DESTRUCTION IS REQUIRED. COMPONENTS Y N NA REMARKS Staff inventory, hold, and report it when necessary to the proper authority (SDCF) Policy 9-6, titled for action/possible seizure. Contraband Control, dated April 11, 2005. Contraband that is government property is retained as evidence for potential disciplinary action or criminal prosecution. Staff returns property not needed as evidence to the proper authority. Written procedures cover the return of such property. Altered property is considered contraband and is destroyed according to policy. Not addressed in policy but Sgt. b6, b7c Chairman of the Disciplinary Panel, states that the Chaplain is contacted in all cases of contraband religious items. One staff and a supervisory witness are utilized when destroying contraband. Upon destruction of contraband a log book is maintained that documents destruction. Log book reviewed and was found in compliance with policy. Altered property is destroyed following documentation and using established procedures. Before confiscating religious items, the OIC or designated investigator contacts a religious authority. Staff follows written procedures when destroying hard contraband that is illegal. Hard contraband that is illegal (under criminal statutes) may be retained and used for official use, e.g. training purposes. If yes, under specific circumstances and using specified written procedures. Hard contraband is secured when not in use. ACCEPTABLE DEFICIENT This practice is not used at SDCF. AT-RISK REPEAT FINDING REMARKS: The SDCF ensures the proper handling and the disposal of all contraband. Documentation of contraband destruction is completed in a log book. b6, b7c June 24 - 26, 2008 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 45 of 80 DETENTION FILES POLICY: EVERY FACILITY WILL CREATE A DETENTION FILE FOR EVERY ICE DETAINEE BOOKED INTO THE FACILITY, EXCLUDING ONLY DETAINEES SCHEDULED TO DEPART WITHIN 24 HOURS. THE DETENTION FILE WILL CONTAIN COPIES AND, IN SOME CASES, THE ORIGINAL OF SPECIFIED DOCUMENTS CONCERNING THE DETAINEE'S STAY IN THE FACILITY: CLASSIFICATION SHEET, MEDICAL QUESTIONNAIRE, PROPERTY INVENTORY SHEET, DISCIPLINARY DOCUMENTS, ETC. COMPONENTS Y N NA REMARKS A detention file is created for every new arrival whose stay will exceed A detention file is created as 24 hours. soon as the detainee is booked. Every detainee has a detention file regardless of the time spent at the facility. Observed several detention files The detainee detention file contains either originals or copies of and the original forms generated documentation and forms generated during the admissions process. during the admissions process were filed. The detention files are very well The detainee’s detention file also contains documents generated during organized and contain housing the detainee’s custody. assignments, booking records, I Special requests 203 forms, facility issued Any G-589s and/or I-77s closed-out during the detainee’s stay property forms, detainee Disciplinary forms/Segregation forms personal property forms, Grievances, complaints, and the disposition(s) of same disciplinary forms, grievance forms, release reports, ICE information sheets, classification sheets, disposition of monies, NCIC, telephone monitoring forms, discharge checklist, I-213's, I-216 etc. The detention files are located and maintained in a secure area. If not, the The detention files are located in cabinets are lockable and distribution of the keys is limited to the Intake department. They are supervisors. in secure filing cabinets, locked in a large staffing area, and supervised 24-7. The detention file remains The detention file remains active during the detainee’s stay. When the active until the detainees release detainee is released from the facility, staff adds copies of completed date. Observed release paper release documents, the original closed-out receipts for property and work in the detention file that valuables, the original I-385 or equivalent, and other documentation. included closed-out receipts for property and valuables. I-203 and I-216 forms were also filed. Observed the detention files The officer closing the detention file makes a notation that the file is being marked with release dates complete and ready to be archived. and placed in the archives. The notation was placed on the front of the file. The files are archived for three years. Staff makes copies and sends documents from the file when properly Approved by the Warden if requested by supervisory personnel at the receiving facility or office. requested. Appropriate staff has access to the detention files, and other departmental Detention files typically remain requests are accommodated by making a request for the file. Each file is in the Intake department. If an properly logged out and in by a representative of the responsible approved supervisory staff department. member wants to check out the file, they must complete a signout sheet that includes the detainee's name, date checked out, staff member’s name, title, FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 46 of 80 DETENTION FILES POLICY: EVERY FACILITY WILL CREATE A DETENTION FILE FOR EVERY ICE DETAINEE BOOKED INTO THE FACILITY, EXCLUDING ONLY DETAINEES SCHEDULED TO DEPART WITHIN 24 HOURS. THE DETENTION FILE WILL CONTAIN COPIES AND, IN SOME CASES, THE ORIGINAL OF SPECIFIED DOCUMENTS CONCERNING THE DETAINEE'S STAY IN THE FACILITY: CLASSIFICATION SHEET, MEDICAL QUESTIONNAIRE, PROPERTY INVENTORY SHEET, DISCIPLINARY DOCUMENTS, ETC. COMPONENTS Y N NA REMARKS and date returned. The Intake staff has good accountability of the files. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: The Intake Department staff does an excellent job in processing a tremendous amount of inmates/detainees through the Intake area every day. They meet all components of the ICE National Detention Standard on Detention Files. The staff member responsible for file accountability is to be commended. Specifically, she goes above and beyond the standard by conducting a continual perpetual audit of all detention files. / June 24-26, 2008 AUDITOR’S SIGNATURE / DATE b6, b7c DISCIPLINARY POLICY POLICY: ALL FACILITIES HOUSING ICE DETAINEES ARE AUTHORIZED TO IMPOSE DISCIPLINE ON DETAINEES WHOSE BEHAVIOR IS NOT IN COMPLIANCE WITH FACILITY RULES AND REGULATIONS. COMPONENTS Y N NA REMARKS The facility has a written disciplinary system using progressive levels of SDCF Policy 15-100, titled: reviews and appeals. Detainee Discipline. The facility rules state that disciplinary action shall not be capricious or retaliatory. Written rules prohibit staff from imposing or permitting the following SDCF Policy 14-4, titled: Legal sanctions: Rights of Inmates/Residents, FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 47 of 80 DISCIPLINARY POLICY POLICY: ALL FACILITIES HOUSING ICE DETAINEES ARE AUTHORIZED TO IMPOSE DISCIPLINE ON DETAINEES WHOSE BEHAVIOR IS NOT IN COMPLIANCE WITH FACILITY RULES AND REGULATIONS. COMPONENTS Y N NA REMARKS dated: December 1, 2002. corporal punishment deviations from normal food service clothing deprivation bedding deprivation denial of personal hygiene items loss of correspondence privileges deprivation of physical exercise Defined in the Inmate The rules of conduct, sanctions, and procedures for violations are defined Handbook and posted on Unit in writing and communicated to all detainees verbally and in writing. Bulletin Boards. Available in both English and Spanish. The following items are conspicuously posted in Spanish and English, The items are included in the and other dominate languages used in the facility: SDCF Inmate/Detainee Rights and Responsibilities Admission and Orientation Prohibited Acts Handbook, dated: May, 2008. It was also posted on unit bulletin Disciplinary Severity Scale boards. Sanctions When minor rule violations or prohibited acts occur, informal resolutions Informal resolutions of rule are encouraged. violations is encouraged and practiced at SDCF. Incident reports and Notice of Charges are promptly forwarded to the designated supervisor. Incident reports are investigated within 24 hours of the incident. The Unit Disciplinary Committee (UDC) or equivalent does not convene before an investigation ends. An intermediate disciplinary process is used to adjudicate minor infractions. A disciplinary panel (or equivalent in IGSAs) adjudicates infractions. The panel: Conducts hearings on all charges and allegations referred by the UDC; Considers written reports, statements, physical evidence, and oral testimony; Hears pleadings by detainees and staff representatives; Bases its findings on the preponderance of evidence; and Imposes only authorized sanctions A staff representative is available if requested for a detainee facing a disciplinary hearing. The facility permits hearing postponements or continuances when conditions warrant such a continuance. Reasons are documented. The duration of punishment set by the OIC, as recommended by the disciplinary panel, does not exceed established sanctions. The maximum time in disciplinary segregation is limited to 60 days for a single offense. Minor transgressions will be settled informally, by mutual consent, whenever possible. Discipline Panel adjudicates disciplinary cases in compliance with this standard. The inmate/detainee is allowed to have a staff representative to assist him/her. The representative is allowed ample time to prepare their case. Postponements or continuances are allowed and reasoning for delays is quite liberal. The Warden of SDCF must approve placement in Disciplinary for longer than 30 days. Written procedures govern the handling of confidential-informant information. Standards include criteria for recognizing "substantial FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 48 of 80 DISCIPLINARY POLICY POLICY: ALL FACILITIES HOUSING ICE DETAINEES ARE AUTHORIZED TO IMPOSE DISCIPLINE ON DETAINEES WHOSE BEHAVIOR IS NOT IN COMPLIANCE WITH FACILITY RULES AND REGULATIONS. COMPONENTS Y N NA REMARKS evidence" All forms relevant to the incident, investigation, committee/panel reports, etc., are completed and distributed as required. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: The SDCF imposes discipline on inmate/detainees whose behavior threatens the security of the facility by failing to comply with facility rules and regulations. June 24 - 26, 2008 AUDITOR’S SIGNATURE / DATE b6, b7c EMERGENCY (CONTINGENCY) PLANS POLICY ALL FACILITIES HOLDING ICE DETAINEES WILL RESPOND TO EMERGENCIES WITH A PREDETERMINED STANDARDIZED PLAN TO MINIMIZE THE HARMING OF HUMAN LIFE AND THE DESTRUCTION OF PROPERTY. IT IS RECOMMENDED THAT SPCS AND CDFS ENTER INTO AGREEMENT, VIA MEMORANDUM OF UNDERSTANDING (MOU), WITH FEDERAL, LOCAL AND STATE AGENCIES TO ASSIST IN TIMES OF EMERGENCY. COMPONENTS Y N NA REMARKS Policy does not allow nor does Policy precludes detainees or detainee groups from exercising control or the facility allow inmates to authority over other detainees. have control of other inmates. Detainees are protected from: SDCF Policy 14-4, titled: Legal Rights of Inmates/Residents, Personal abuse FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 49 of 80 EMERGENCY (CONTINGENCY) PLANS POLICY ALL FACILITIES HOLDING ICE DETAINEES WILL RESPOND TO EMERGENCIES WITH A PREDETERMINED STANDARDIZED PLAN TO MINIMIZE THE HARMING OF HUMAN LIFE AND THE DESTRUCTION OF PROPERTY. IT IS RECOMMENDED THAT SPCS AND CDFS ENTER INTO AGREEMENT, VIA MEMORANDUM OF UNDERSTANDING (MOU), WITH FEDERAL, LOCAL AND STATE AGENCIES TO ASSIST IN TIMES OF EMERGENCY. COMPONENTS Y N NA REMARKS dated: December 1, 2002. Corporal punishment Personal injury Disease Property damage Harassment from other detainees Staff is trained to identify signs of detainee unrest. What type of training and how often? Staff effectively disseminates information on facility climate, detainee attitudes, and moods to the Officer In Charge (OIC) The Chief of Security is There is a designated person or persons responsible for emergency plans charged with the responsibility and their implementation. Sufficient time is allotted to the person or group for emergency plans and their for development and implementation of the plans. implementation. The plans address the following issues: Confidentiality Accountability (copies and storage locations) Annual review procedures and schedule Revisions Contingency plans include a comprehensive general section with procedures applicable to most emergency situations. SDCF has had a Memorandum The facility has cooperative contingency plans with applicable: of Understanding with the U.S. Local law enforcement agencies Border Patrol since September State agencies 22, 2005. For the last several Federal agencies years the staff at SDCF have been working with the county to agree to an MOU but failed in their efforts. On May 25, 2008, the county has agreed to enter into an agreement. All staff receives copies of Hostage Situation Management policy and procedures. SDCF are trained at initial Staff is trained to disregard instructions from hostages, regardless of rank. training and at annual training Within 24 hours after release, hostages are screened for medical and in regards to the hostage policy. psychological effects. Emergency plans include emergency medical treatment for staff and detainees during and after an incident. SDCF maintains a 12 - 14 day Food service maintains at least 3 days' worth of emergency meals for staff supply of Food Service food and detainees. items. Written plans identify locations of shut-off valves and switches for all Water, electrical, and gas shututilities (water, gas, electric). off are all identified in the plan. Written procedures cover: Work/Food Strike Disturbances All areas are covered in SDCF Escapes emergency plans. Bomb Threats Adverse Weather Internal Searches FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 50 of 80 EMERGENCY (CONTINGENCY) PLANS POLICY ALL FACILITIES HOLDING ICE DETAINEES WILL RESPOND TO EMERGENCIES WITH A PREDETERMINED STANDARDIZED PLAN TO MINIMIZE THE HARMING OF HUMAN LIFE AND THE DESTRUCTION OF PROPERTY. IT IS RECOMMENDED THAT SPCS AND CDFS ENTER INTO AGREEMENT, VIA MEMORANDUM OF UNDERSTANDING (MOU), WITH FEDERAL, LOCAL AND STATE AGENCIES TO ASSIST IN TIMES OF EMERGENCY. COMPONENTS Y N NA REMARKS Facility Evacuation Detainee Transportation System Plan Internal Hostages Civil Disturbances ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: Staff at SDCF will respond to emergencies with a predetermined plan that will minimize the chance of property damage and the protection of staff and inmate/detainee. A Memorandum of Understanding will be forth coming from the San Diego County after a supreme effort by the staff at SDCF. b6, b7c June 24 - 26, 2008 Auditor’s Signature / Date ENVIRONMENTAL HEALTH AND SAFETY POLICY: EVERY FACILITY WILL CONTROL FLAMMABLE, TOXIC, AND CAUSTIC MATERIALS THROUGH A HAZARDOUS MATERIALS PROGRAM. THE PROGRAM WILL INCLUDE, AMONG OTHER THINGS, THE IDENTIFICATION AND LABELING OF HAZARDOUS MATERIALS IN ACCORDANCE WITH APPLICABLE STANDARDS (E.G., NATIONAL FIRE PROTECTION ASSOCIATION [NFPA]); IDENTIFICATION OF INCOMPATIBLE MATERIALS, AND SAFE-HANDLING PROCEDURES COMPONENTS Y N NA REMARKS SDCF policy 8-5, Control of The facility has a system for storing, issuing, and maintaining inventories Hazardous Chemicals/Materials, of hazardous materials. dated January 16, 2007 provides guidance for control of FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 51 of 80 ENVIRONMENTAL HEALTH AND SAFETY POLICY: EVERY FACILITY WILL CONTROL FLAMMABLE, TOXIC, AND CAUSTIC MATERIALS THROUGH A HAZARDOUS MATERIALS PROGRAM. THE PROGRAM WILL INCLUDE, AMONG OTHER THINGS, THE IDENTIFICATION AND LABELING OF HAZARDOUS MATERIALS IN ACCORDANCE WITH APPLICABLE STANDARDS (E.G., NATIONAL FIRE PROTECTION ASSOCIATION [NFPA]); IDENTIFICATION OF INCOMPATIBLE MATERIALS, AND SAFE-HANDLING PROCEDURES COMPONENTS Y N NA REMARKS hazardous chemicals. Constant inventories are maintained for all flammable, toxic, and caustic substances used/stored in each section of the facility. The manufacturer’s Material Safety Data Sheet (MSDS) file is up-to-date for every hazardous substance used. The files list all storage areas, and include a plant diagram and legend. The MSDSs and other information in the files are available to personnel managing the facility’s safety program. All personnel using flammable, toxic, and/or caustic substances follow the prescribed procedures. They: Wear personal protective equipment; and Report hazards and spills to the designated official. The MSDSs are readily accessible to staff and detainees in work areas. Hazardous materials are always issued under proper supervision. Quantities are limited; and Staff always supervises detainees using these substances. All "flammable” and “combustible" materials (liquid and aerosol) are stored and used according to label recommendations. Lighting fixtures and electrical equipment installed in storage rooms and other hazardous areas meet National Electrical Code requirements. The facility has sufficient ventilation, and provides and ensures clean air exchanges throughout all buildings. Vents, return vents, and air conditioning ducts are not blocked or obstructed in cells or anywhere in the facility. Living units are maintained at appropriate temperatures in accordance with industry standards. (68 to 74 degrees in the winter and 72 to 78 degrees in the summer.) Shower and sink water temperatures do not exceed the industry standard of 120 degrees. All toxic and caustic materials are stored in their original containers in a secure area. Excess flammables, combustibles, and toxic liquids are disposed of properly and in accordance with MSDSs. All inventories checked in storage areas, maintenance shops, and food service were correct. Master MSDS files are located in safety, medical, and the briefing room. The files list storage areas and include a plant diagram. There is a hazardous chemical spill plan. MSDS's are available in units and work areas. Bulk chemicals are secured. Sanitation chemicals are diluted before use and issued under supervision. Flammable liquids cabinets were in use in maintenance and medical services. No electrical violations were noted during the course of the review. Environmental evaluations regarding noise, lighting and ventilation were completed in November, 2007. Acceptable standards are being met. No problems were seen with blocked vents. No complaints were heard from detainees. Temperatures are checked by maintenance. No improper labeling was noted. All spray bottles were properly labeled. Toxic and caustic materials were properly stored. The facility does not generate or store hazardous waste. Infectious waste is picked up weekly by a licensed hauler. MSDS's are on site for all chemicals in the event of a spill FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 52 of 80 ENVIRONMENTAL HEALTH AND SAFETY POLICY: EVERY FACILITY WILL CONTROL FLAMMABLE, TOXIC, AND CAUSTIC MATERIALS THROUGH A HAZARDOUS MATERIALS PROGRAM. THE PROGRAM WILL INCLUDE, AMONG OTHER THINGS, THE IDENTIFICATION AND LABELING OF HAZARDOUS MATERIALS IN ACCORDANCE WITH APPLICABLE STANDARDS (E.G., NATIONAL FIRE PROTECTION ASSOCIATION [NFPA]); IDENTIFICATION OF INCOMPATIBLE MATERIALS, AND SAFE-HANDLING PROCEDURES COMPONENTS Y N NA REMARKS or exposure. Staff directly supervise and account for products with methyl alcohol. There was no methyl alcohol Staff receives a list of products containing diluted methyl alcohol, e.g., noted during the course of the shoe dye. All such products are clearly labeled. "Accountability" review. includes issuing such products to detainees in the smallest workable quantities. Training on hazardous materials Every employee and detainee using flammable, toxic, or caustic materials is provided to new employees receives advance training in their use, storage, and disposal. and on an annual basis. The facility complies with the most current edition of applicable codes, The facility was inspected by standards, and regulations of the National Fire Protection Association and the San Diego Rural Fire the Occupational Safety and Health Administration (OSHA). Protection District Fire Marshal on October 22, 2007. There were no noted fire safety violations. The San Diego County Environmental Health Department inspects the Food Service Department quarterly and the entire facility on an annual basis. A new fire station has opened less than 1/4 of a mile from the facility. The new EMS/fire station was visited. A technically qualified officer conducts the fire and safety inspections. The Safety Office (or officer) maintains files of inspection reports. Weekly and monthly inspection files were reviewed. The plan was reviewed and The facility has an approved fire prevention, control, and evacuation approved by the State Fire plan. Marshal. The plan requires: Monthly fire inspections are Monthly fire inspections; being conducted as required. Fire protection equipment strategically located throughout the Fire extinguishers are located facility; throughout the facility. All extinguishers are being Public posting of emergency plans with accessible inspected on a monthly and building/room floor plans; annual basis as required. All Exit signs and directional arrows; and exit diagrams contain required An area-specific exit diagram conspicuously posted in the information. diagrammed area. Fire drills are conducted and documented monthly. Fire drills are conducted monthly. Drills are comprehensive and normally involve evacuation of detainees and issuance of emergency keys. Information on barber A sanitation program covers barbering operations. operations is noted in unit plans and the Detainee Handbook. Clippers are stored in each pod. The barber shop has the facilities and equipment necessary to meet Several clipper units were sanitation requirements. inspected and all found to be clean. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 53 of 80 ENVIRONMENTAL HEALTH AND SAFETY POLICY: EVERY FACILITY WILL CONTROL FLAMMABLE, TOXIC, AND CAUSTIC MATERIALS THROUGH A HAZARDOUS MATERIALS PROGRAM. THE PROGRAM WILL INCLUDE, AMONG OTHER THINGS, THE IDENTIFICATION AND LABELING OF HAZARDOUS MATERIALS IN ACCORDANCE WITH APPLICABLE STANDARDS (E.G., NATIONAL FIRE PROTECTION ASSOCIATION [NFPA]); IDENTIFICATION OF INCOMPATIBLE MATERIALS, AND SAFE-HANDLING PROCEDURES COMPONENTS Y N NA REMARKS Each pod has a room which is The sanitation standards are conspicuously posted in the barbershop. used for haircuts. A summary of the sanitation standards are posted. Written procedures regulate the handling and disposal of used needles and other sharp objects. All items representing potential safety or security risks are inventoried and a designated individual checks this inventory weekly. Standard cleaning practices include: SDCF policy 12-100, Daily Using specified equipment; cleansers; disinfectants and Housekeeping Plan dated detergents. February 17, 2004 establishes cleaning procedures and An established schedule of cleaning and follow-up inspections. schedules. Sanitation throughout San Diego The facility follows standard cleaning procedures. Correctional Facility was excellent. Spill kit supplies are located in Spill kits are readily available. emergency cabinets throughout the facility. Infectious waste is picked up A licensed medical waste contractor disposes of infectious/bio-hazardous monthly by Enserv Company. waste. Completed manifests were reviewed. Staff receive training to prevent Staff is trained to prevent contact with blood and other body fluids and blood borne exposures upon hire written procedures are followed. and annually thereafter. Facility refuse is picked up Do the methods for handling/disposing of refuse meet all regulatory weekly by Waste Management. requirements? This company also picks up cardboard. A licensed/Certified/Trained pest-control professional inspects for rodents, insects, and vermin. Monthly pest control services At least monthly. are provided by Ecolab. The pest-control program includes preventative spraying for indigenous insects. Water is supplied by the Otay Drinking water and wastewater is routinely tested according to a fixed Water District. Annual reports schedule. of the water supply are provided. Emergency power generators are tested at least every two weeks. The emergency power generators for the facility are Other emergency systems and equipment receive testing at least located at the adjacent George quarterly. Bailey County Jail. This facility Testing is followed-up with timely corrective actions (repairs has three 750 KW Caterpillar and replacements). generators which serves all surrounding correctional facilities. The county owns and operates the generators. They currently test the generators only once a month. This does FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 54 of 80 ENVIRONMENTAL HEALTH AND SAFETY POLICY: EVERY FACILITY WILL CONTROL FLAMMABLE, TOXIC, AND CAUSTIC MATERIALS THROUGH A HAZARDOUS MATERIALS PROGRAM. THE PROGRAM WILL INCLUDE, AMONG OTHER THINGS, THE IDENTIFICATION AND LABELING OF HAZARDOUS MATERIALS IN ACCORDANCE WITH APPLICABLE STANDARDS (E.G., NATIONAL FIRE PROTECTION ASSOCIATION [NFPA]); IDENTIFICATION OF INCOMPATIBLE MATERIALS, AND SAFE-HANDLING PROCEDURES COMPONENTS Y N NA REMARKS not meet the ICE standard. SDCF has no control over this testing interval. Fire alarms and sprinklers are inspected quarterly as required. Semi-annual inspections are conducted of the fire systems in food service. Annual inspections are also conducted on fire extinguishers, smoke and fire alarms, and sprinkler systems. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: The facility is protected by an automatic sprinkler system, fire alarms, smoke and heat detectors, manual pull stations and monitored by cameras. An annual inspection of the facility is conducted by the State Fire Marshal. Fire alarms do not annunciate to the local fire department so procedures are in place for immediate notification via 911. A new fire station, which provides emergency services to SDCF, has recently been opened a few minutes from the facility. Chemical control was outstanding. Material Safety Data Sheet’s are in place, proper labeling and accountability of hazardous materials were all in compliance. / June 24-26, 2008 b6, b7c AUDITOR’S SIGNATURE / DATE HOLD ROOMS IN DETENTION FACILITIES POLICY: HOLD ROOMS WILL BE USED ONLY FOR TEMPORARY DETENTION OF DETAINEES AWAITING REMOVAL, TRANSFER, EOIR HEARINGS, MEDICAL TREATMENT, INTRA-FACILITY MOVEMENT, OR OTHER PROCESSING INTO OR OUT OF THE FACILITY. COMPONENTS Y N NA REMARKS All holding rooms are located The hold rooms are situated within the secure perimeter. inside the secure perimeter of the SDCF. The hold rooms are well ventilated, well lighted, and all activating switches are located outside the room. The facility has 8 holding rooms The hold rooms contain sufficient seating for the number of detainees and 2 safety cells on the intake held. side of the Receiving and Discharge area. The holding FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 55 of 80 HOLD ROOMS IN DETENTION FACILITIES POLICY: HOLD ROOMS WILL BE USED ONLY FOR TEMPORARY DETENTION OF DETAINEES AWAITING REMOVAL, TRANSFER, EOIR HEARINGS, MEDICAL TREATMENT, INTRA-FACILITY MOVEMENT, OR OTHER PROCESSING INTO OR OUT OF THE FACILITY. COMPONENTS Y N NA REMARKS rooms counting the 2 safety cells can accommodate 106 inmate/detainees. Bunks, cots, beds, or other related make-shift sleeping apparatus are precluded from use inside hold rooms. The walls and ceilings of the hold rooms are tamper and escape proof. Checks of 25 commitments Individuals are not held in hold rooms for more than 12 hours. indicate no one in the holding rooms longer than 7 hours. Male and female Male and females are segregated from each other. inmates/detainees are segregated from each other. Detainees under the age of 18 are not held with adult detainees. Inmate/detainees younger than 18 are not housed at SDCF. Detainees are provided with basic personal hygiene items such as water, soap, toilet paper, cups for water, feminine hygiene items, diapers and wipes. In older facilities, officers are within visual or audible range to allow All holding rooms at SDCF detainees access to toilet facilities on a regular basis. have toilet facilities. All detainees are given a pat down search for weapons or contraband Observed the processing in of before being placed in the room. several inmates/detainees and all were given a pat search and required to go through a metal detector. Officers closely supervise the detention hold rooms using direct Logs were reviewed and found supervision (Irregular visual monitoring.). to be in full compliance with Hold rooms are irregularly monitored every 15 minutes. these standards. Unusual behavior or complaints are noted. When the last detainee has been removed from the hold room, it is given Observed this process and a thorough inspection. SDCF is in full compliance. Evacuation plans are posted and There is a written evacuation plan that includes a designated officer to the Supervisory Officer is remove detainees from hold rooms in case of fire and/or building designated to implement the evacuation. plan. The medical department at An appropriate emergency service is called immediately upon a SDCF is staffed all three shifts determination that a medical emergency may exist. and is utilized if a medical question presents itself. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: Holding rooms at SDCF are utilized for temporary detention of inmates/detainees waiting processing either in or out of the facility. The Receiving and Discharge area at SDFC has two separate areas for processing. One side is for inmates/detainees coming into the facility and one side is for inmates/detainees being processed out of the facility. In addition, the facility Count Clerk works out of the Receiving and Discharge area. b6, b7c June 24 - 26, 2008 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 56 of 80 KEY AND LOCK CONTROL (SECURITY, ACCOUNTABILITY AND MAINTENANCE) POLICY IT IS THE POLICY OF THE ICE SERVICE TO MAINTAIN AN EFFICIENT SYSTEM FOR THE USE, ACCOUNTABILITY AND MAINTENANCE OF ALL KEYS AND LOCKS. COMPONENTS Y N NA REMARKS The security officer[s], or equivalent in IGSAs, has attended an approved The Security Officer has locksmith training program. attended Southern Steel and Folger Adams training. Certificate of completion was reviewed. The security officer, or equivalent in IGSAs, has responsibly for all administrative duties and responsibilities relating to keys, locks etc. The security officer, or equivalent in IGSAs, provides training to The Chief of Security and the FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 57 of 80 KEY AND LOCK CONTROL (SECURITY, ACCOUNTABILITY AND MAINTENANCE) POLICY IT IS THE POLICY OF THE ICE SERVICE TO MAINTAIN AN EFFICIENT SYSTEM FOR THE USE, ACCOUNTABILITY AND MAINTENANCE OF ALL KEYS AND LOCKS. COMPONENTS Y N NA REMARKS employees in key control. Security Officer provides training to all employees at initial training and at annual training. The security officer, or equivalent in IGSAs, maintains inventories of all SDCF policy 9-3, titled: Key keys, locks and locking devices. Control, dated: July 14, 2008. The security officer follows a preventive maintenance program and maintains all preventive maintenance documentation. Facility policies and procedures address the issue of compromised keys and locks. Procedures are in place that The security officer, or equivalent in IGSAs, develops policy and ensures the integrity of safe procedures to ensure safe combinations integrity. combinations but not addressed in the Key Control policy. Only dead bolt or dead lock functions are used in detainee accessible areas. Only authorized locks (as specified in the Detention Standard) are used in detainee accessible areas. Grand master keying systems are prohibited. Prohibited by policy. Keys and locks that are worn or All worn or discarded keys and locks are cut up and properly disposed of. discarded are properly disposed of and documented. Padlocks and/or chains are prohibited from use on cell doors. The entrance/exit door locks to detainee living quarters, or areas with an occupant load of 50 or more people, conform to: Occupational Safety and Environmental Health Manual, Ch. 3; National Fire Protection Association Life Safety Code 101. The operational keyboard is sufficient to accommodate all the facility key Located in the SDCF central rings, including keys in use, and is located in a secure area. control center. Procedures are in place to ensure that key rings are: Key rings are identifiable, the Identifiable; number of keys on the ring is cited, and keys cannot be The numbers of keys are cited; and removed. Keys cannot be removed. Emergency keys are available for all areas of the facility. Emergency keys are available. Keys are counted in the central The facilities use a key accountability system. control room at the start of each shift. Authorization is necessary to issue any restricted key. SDCF has 17 gun lockers at the Individual gun lockers are provided. rear gate and 60 gun lockers at They are located in an area that permits constant officer the front entrance. All are observation. monitored by camera and In an area that does not allow detainee or public access. detainees/inmates or the public does not have access. All keys are counted three times The facility has a key accountability policy and procedures to ensure key a day by the central control accountability. The keys are physically counted daily. center and documented. All staff members are trained and held responsible for adhering to proper Clearly spelled out in policy and procedures for the handling of keys. reinforced at annual training. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 58 of 80 KEY AND LOCK CONTROL (SECURITY, ACCOUNTABILITY AND MAINTENANCE) POLICY IT IS THE POLICY OF THE ICE SERVICE TO MAINTAIN AN EFFICIENT SYSTEM FOR THE USE, ACCOUNTABILITY AND MAINTENANCE OF ALL KEYS AND LOCKS. COMPONENTS Y N NA REMARKS 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. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: SDCF maintains an efficient system for the use, accountability, and maintenance for keys and locks. Documentation for key and lock control is excellent. b6, b7c / June 24 - 26, 2008 AUDITOR’S SIGNATURE / DATE POPULATION COUNTS POLICY: ALL DETENTION FACILITIES SHALL ENSURE AROUND-THE-CLOCK ACCOUNTABILITY FOR ALL DETAINEES. THIS REQUIRES THAT THEY CONDUCT AT LEAST ONE FORMAL COUNT OF THE DETAINEE POPULATION PER SHIFT, WITH ADDITIONAL FORMAL AND INFORMAL COUNTS CONDUCTED AS NECESSARY. COMPONENTS Y N NA REMARKS SDCF has seven official counts. Staff conduct a formal count at least once each shift. The 7:30 AM count is a standup count and the 10 PM count is a stand-up picture card count. Due to the mission of the SDCF Activities cease or are strictly controlled while a formal count is being activities are strictly controlled conducted. while a formal count is being conducted. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 59 of 80 POPULATION COUNTS POLICY: ALL DETENTION FACILITIES SHALL ENSURE AROUND-THE-CLOCK ACCOUNTABILITY FOR ALL DETAINEES. THIS REQUIRES THAT THEY CONDUCT AT LEAST ONE FORMAL COUNT OF THE DETAINEE POPULATION PER SHIFT, WITH ADDITIONAL FORMAL AND INFORMAL COUNTS CONDUCTED AS NECESSARY. Certain operations cease during formal counts. All movement ceases for the duration of a formal count. Formal counts in all units take place simultaneously. All units and out-counts are completed simultaneously. Detainee participation in counts is prohibited. Inmates/detainees are never allowed to participate in a count. A face-to-photo count follows each unsuccessful recount. Officers count human flesh with Officers positively identify each detainee before counting him/her as the exception of the 10 PM present. count which is a stand-up picture card count. Written procedures cover informal and emergency counts. They are followed during informal counts and emergencies. The Count Clerk maintains the The control officer (or other designated position) maintains an out official count at SDCF. This count record of all detainees temporarily leaving the facility. person is located in the office area of Receiving and Discharge. This training is documented in each officer’s training folder. ACCEPTABLE DEFICIENT Documentation verified. AT-RISK REPEAT FINDING REMARKS: SDCF ensures around the clock accountability for inmates/detainees. They count seven days at day at 0730, 11:30, 1530, 2000, 2300, 0200, and 0400 with additional counts for informal or emergency situations. b6, b7c June 24 - 26, 2008 AUDITOR’S SIGNATURE / DATE POST ORDERS POLICY: ICE PROVIDES OFFICERS ALL NECESSARY GUIDANCE FOR CARRYING OUT THEIR DUTIES. THIS GUIDANCE INCLUDES THE POST ORDERS ESTABLISHED FOR EVERY POST, WHICH ARE REVIEWED AT LEAST ANNUALLY, AND GIVEN TO EACH OFFICER UPON ASSIGNMENT TO THAT POST. COMPONENTS Y N NA REMARKS SDCF Policy 9-10, titled: Post Every fixed post has a set of post orders. Orders, dated: September 8, 2003. Each set contains the latest inserts (emergency memoranda, etc.) and revisions. One individual or department is responsible for keeping all post-orders The Chief of Security is the FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 60 of 80 POST ORDERS POLICY: ICE PROVIDES OFFICERS ALL NECESSARY GUIDANCE FOR CARRYING OUT THEIR DUTIES. THIS GUIDANCE INCLUDES THE POST ORDERS ESTABLISHED FOR EVERY POST, WHICH ARE REVIEWED AT LEAST ANNUALLY, AND GIVEN TO EACH OFFICER UPON ASSIGNMENT TO THAT POST. COMPONENTS Y N NA REMARKS current with revisions that take place between reviews. person designated by policy. A complete set of Post Orders The IGSA maintains a complete set (central file) of post orders. are maintained at SDCF by the following: Warden, Assistant Warden, Chief of Security, Compliance Coordinator, Shift Supervisor and Master Control. The central file is accessible to all staff. The OIC or Contract / IGSA equivalent initiates/authorizes all post-order changes. The OIC or Contract / IGSA equivalent has signed and dated the last page of every section. A review/updating/reissuing of post orders occurs regularly and at a Chief of Security reviews and minimum, annually. updates Post Orders. All Post Orders and log books Procedures keep post orders and logbooks secure from detainees at all are secured from times. inmate/detainees at all times. Every armed-post officer qualifies with the post weapon(s) before Documentation is maintained in assuming post duty. the Training Office. Armed-post post orders provide instructions for escape attempts. The post orders for housing units track the event schedule. Housing-unit post officers record all detainee activity in a log. The post order includes instructions on maintaining the logbook. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: SDFC has post orders on all posts that give guidance to the officer as to how he/she should accomplish their mission. The post orders are reviewed annually and updated as the need surfaces. The officers are required to sign the post orders each day and of the ten posts I reviewed all were signed correctly. b6, b7c June 24 - 26, 2008 AUDITOR’S SIGNATURE / DATE SECURITY INSPECTIONS POLICY: POST ASSIGNMENTS IN THE FACILITY'S HIGH-RISK AREAS, WHERE SPECIAL SECURITY PROCEDURES MUST BE FOLLOWED, WILL BE RESTRICTED TO EXPERIENCED PERSONNEL WITH A THOROUGH GROUNDING IN FACILITY OPERATIONS. COMPONENTS YES NO NA REMARKS The facility has a comprehensive security inspection policy. The policy SDCF Policy 9-7, titled: specifies: Security Inspections, dated: July Posts to be inspected; 21, 2005. Required inspection forms; FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 61 of 80 SECURITY INSPECTIONS POLICY: POST ASSIGNMENTS IN THE FACILITY'S HIGH-RISK AREAS, WHERE SPECIAL SECURITY PROCEDURES MUST BE FOLLOWED, WILL BE RESTRICTED TO EXPERIENCED PERSONNEL WITH A THOROUGH GROUNDING IN FACILITY OPERATIONS. COMPONENTS YES NO NA REMARKS Frequency of inspections; Guidelines for checking security features; and Procedures for reporting weak spots, inconsistencies, and other areas needing improvement Every officer is required to conduct a security check of his/her assigned Documented on SDCF form 9area. The results are documented. 7A. Documentation of security inspections is kept on file. Maintained in the Chief of Security complex. Procedures ensure that recurring problems and a failure to take corrective action are reported to the appropriate manager. The front-entrance officer checks the ID of everyone entering or exiting The Front Entrance Officer the facility. checks your identification and issues a visitor badge. In addition, your picture is taken and maintained on file. All visits are officially recorded in a visitor logbook or electronically All official visitors are required recorded. to sign in and out of the facility. The facility has a secure visitor pass system. Only senior officers are Every Control Center officer receives specialized training. assigned to the Control Center and are selected by the Chief of Security. Central Control Center is staffed The Control Center is staffed around the clock. 24 hours a day by senior officers. Policy restricts staff access to the Control Center. Detainees are restricted from access to the Control Center. Communications are centralized in the Control Center. The rear gate officer monitors Officers monitor all vehicular traffic entering and leaving the facility. all traffic in and out of the facility. All traffic is documented in a log book. The facility maintains a log of all incoming and departing vehicles to sensitive areas of the facility. Each entry contains: The driver's name; Company represented; Vehicle contents; Documentation is very good. Delivery date and time; Date and time out; Vehicle license number; and Name of employee responsible for the vehicle during the visit Officers thoroughly search each vehicle entering and leaving the facility. The facility has a written policy and procedures to prevent the introduction of contraband into the facility or any of its components. Tools are inventoried entering Tools being taken into the secure area of the facility are inventoried and exiting the facility. before entering and prior to departure. Documentation maintained in the Chief of Security complex. The SMU entrance has a sally port. Written procedures govern searches of detainee housing units and personal areas. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 62 of 80 SECURITY INSPECTIONS POLICY: POST ASSIGNMENTS IN THE FACILITY'S HIGH-RISK AREAS, WHERE SPECIAL SECURITY PROCEDURES MUST BE FOLLOWED, WILL BE RESTRICTED TO EXPERIENCED PERSONNEL WITH A THOROUGH GROUNDING IN FACILITY OPERATIONS. COMPONENTS YES NO NA REMARKS Housing area searches occur at irregular times. Every search of the SMU and other housing units is documented. Logs maintained by the Chief of Security. Storage and supply rooms, walls, light and plumbing fixtures, accesses, and drains, etc., undergo frequent, irregular searches. These searches are documented. Documentation maintained in Walls, fences, and exits, including exterior windows, are inspected for the office of the Chief of defects once each shift. Security. Fence alarms are checked one Daily procedures include: time each shift and a physical Perimeter alarm system tests; check of the perimeter fence is Physical checks of the perimeter fence; and made one time each shift. Documenting the results. Documentation is maintained in the Central Control Center log book. Visitation areas receive frequent, irregular inspections. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: SDCF utilizes the more experienced officers in high risk areas. These officers have a thorough knowledge of the physical plant, know all the staff, and have up to date knowledge of the operational procedures of each department. b6, b7c June 24 - 26, 2008 AUDITOR’S SIGNATURE / DATE SPECIAL MANAGEMENT UNIT (SMU) ADMINISTRATIVE SEGREGATION POLICY: THE SPECIAL MANAGEMENT UNIT REQUIRED IN EVERY FACILITY ISOLATES CERTAIN DETAINEES FROM THE GENERAL POPULATION. THE SPECIAL MANAGEMENT UNIT WILL CONSIST OF TWO SECTIONS. ONE, ADMINISTRATIVE SEGREGATION, HOUSES DETAINEES ISOLATED FOR THEIR OWN PROTECTION; THE OTHER FOR DETAINEES BEING DISCIPLINED FOR WRONGDOING (SEE THE “SPECIAL MANAGEMENT UNIT [DISCIPLINARY SEGREGATION]” STANDARD). COMPONENTS Y N NA REMARKS FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 63 of 80 SPECIAL MANAGEMENT UNIT (SMU) ADMINISTRATIVE SEGREGATION POLICY: THE SPECIAL MANAGEMENT UNIT REQUIRED IN EVERY FACILITY ISOLATES CERTAIN DETAINEES FROM THE GENERAL POPULATION. THE SPECIAL MANAGEMENT UNIT WILL CONSIST OF TWO SECTIONS. ONE, ADMINISTRATIVE SEGREGATION, HOUSES DETAINEES ISOLATED FOR THEIR OWN PROTECTION; THE OTHER FOR DETAINEES BEING DISCIPLINED FOR WRONGDOING (SEE THE “SPECIAL MANAGEMENT UNIT [DISCIPLINARY SEGREGATION]” STANDARD). COMPONENTS Y N NA REMARKS The Administrative Segregation unit provides non-punitive protection from the general population and individuals undergoing disciplinary SDCF Policy 10-100, titled: segregation. Segregation Management, dated: February 28, 2007. Detainees are placed in the SMU (administrative) in accordance with written criteria. In exigent circumstances, staff may place a detainee in the SMU (administrative) before a written order has been approved. A copy of the order given to the detainee within 24 hours. The OIC (or equivalent) regularly reviews the status of detainees in Inmates/detainees placed in administrative detention. Administrative Segregation are given a formal review at 72 A supervisory officer conducts a review within 72 hours of the hours. detainee’s placement in the SMU (administrative). A supervisory officer conducts another review after the detainee has spent seven days in administrative segregation, and: Several inmate/detainee file Every week thereafter for the first month; and folders were checked and Every 30 days after the first month. documentation was verified. Does each review include an interview with the detainee? Is a written record made of the decision and the justification? The detainee is given a copy of the decision and justification for each Several inmate/detainee file review. folders were checked and The detainee is given an opportunity to appeal the reviewer's documentation was verified. decision to someone else in the facility. The OIC (or equivalent) routinely notifies the Field Office Director (or staff officer in charge of IGSAs) any time a detainee's stay in The ICE office at SDCF administrative detention exceeds 30 days. maintains this documentation. Documentation was reviewed Upon notification that the detainee's administrative segregation and verified. has exceeded 60 days, the FD forwards written notice to HQ Field Operations Branch Chief for DRO. The OIC or equivalent) reviews the case of every detainee who objects to administrative segregation after 30 days in the SMU. A written record is made of the decision and the justification. The detainee receives a copy of this record. The detainee is given the right to appeal to the OIC (or equivalent) the The inmate signs for a copy conclusions and recommendations of any review conducted after the explaining his appeal rights and detainee have remained in administrative segregation for seven procedure. consecutive days. Administratively segregated detainees enjoy the same general privileges On a limited basis. as detainees in the general population. The SMU is: Well ventilated; SDCF is in full compliance with Adequately lighted; these items. Appropriately heated; and Maintained in a sanitary condition. All cells are equipped with beds. All beds are securely fastened. Every bed is securely fastened to the floor or wall. The number of detainees in any cell does not exceed the occupancy limit. When occupancy exceeds recommended capacity, do basic FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 64 of 80 SPECIAL MANAGEMENT UNIT (SMU) ADMINISTRATIVE SEGREGATION POLICY: THE SPECIAL MANAGEMENT UNIT REQUIRED IN EVERY FACILITY ISOLATES CERTAIN DETAINEES FROM THE GENERAL POPULATION. THE SPECIAL MANAGEMENT UNIT WILL CONSIST OF TWO SECTIONS. ONE, ADMINISTRATIVE SEGREGATION, HOUSES DETAINEES ISOLATED FOR THEIR OWN PROTECTION; THE OTHER FOR DETAINEES BEING DISCIPLINED FOR WRONGDOING (SEE THE “SPECIAL MANAGEMENT UNIT [DISCIPLINARY SEGREGATION]” STANDARD). COMPONENTS Y N NA REMARKS living standards decline? Do criteria for objectively assessing living standards exist? If yes, are the criteria included in the written procedures? The segregated detainees have the same opportunities to Laundry exchange is the same exchange/launder clothing, bedding, and linen as detainees in the as general population. general population. Detainees receive three nutritious meals per day, from the general population’s menu of the day. Food is not used as a Do detainees eat only with disposable utensils? punishment at SDCF. Is food ever used as punishment? Each detainee maintains a normal level of personal hygiene in the SMU. Inmates/detainees are allowed to The detainees have the opportunity to shower and shave at shower and shave three times a least three times a week. week and documentation was reviewed. If not, explain. The detainees are provided: Barbering services; Recreation privileges in accordance with the “Detainee Recreation" standard; Non-legal reading material; Religious material; The same correspondence privileges as detainees in the general population; Telephone access similar to that of the general population; and Personal legal material. A health care professional visits every detainee at least three times a Visits are documented on the week. Special Housing Record (SHR) The shift supervisor visits each detainee daily. for each inmate/detainee. Weekends and holidays. Procedures comply with the “Visitation" standard. May have one hour non-contact visit on Saturday, Sunday, and The detainee retains visiting privileges; and Holidays. The visiting room is available during normal visiting hours. Full time Chaplain visits the unit Visits from clergy are allowed. at least three times a week. Offers communion one time a month. Detainees have the same law-library access as the general population. Legal materials are brought to Are they required to use the law library Separately, or the inmate/detainee after request As a group? is made. Are legal materials brought to them? Recorded on the Segregation The SMU maintains a permanent log of detainee-related activity, e.g., Housing Record that is initiated meals served, recreation, visitors etc. every week. SPC procedures include completing the SMU Housing Record (I-888) immediately upon a detainee's placement in the SMU. Staff completes the form at the end of each shift. CDFs and IGSA facilities use Form I-888 (or local equivalent). Staff record whether the detainee ate, showered, exercised, and took any Documented on the SHR for applicable medication during every shift. each shift. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 65 of 80 SPECIAL MANAGEMENT UNIT (SMU) ADMINISTRATIVE SEGREGATION POLICY: THE SPECIAL MANAGEMENT UNIT REQUIRED IN EVERY FACILITY ISOLATES CERTAIN DETAINEES FROM THE GENERAL POPULATION. THE SPECIAL MANAGEMENT UNIT WILL CONSIST OF TWO SECTIONS. ONE, ADMINISTRATIVE SEGREGATION, HOUSES DETAINEES ISOLATED FOR THEIR OWN PROTECTION; THE OTHER FOR DETAINEES BEING DISCIPLINED FOR WRONGDOING (SEE THE “SPECIAL MANAGEMENT UNIT [DISCIPLINARY SEGREGATION]” STANDARD). COMPONENTS Y N NA REMARKS Staff logs record all pertinent information, e.g., a medical condition, suicidal/assaultive behavior, etc; The medical officer/health care professional signs each individual's record during each visit; and The housing officer initials the record when all detainee services are completed or at the end of the shift. A SHR is prepared on admission A new record is created for each week the detainee is in Administrative to the unit for each Segregation. inmate/detainee. A new form is The weekly records are retained in the SMU until the initiated each week the detainee's return to the general population. inmate/detainee is in Administrative Segregation. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: SDCF has a Special Management Unit which houses both Administrative Segregation and Disciplinary Segregation inmates/detainees. Administrative Segregation is a status assigned to inmates/detainees pending investigation, protection, disciplinary hearings or they are a threat to the security of the institution. The unit isolates certain inmates/detainees from the rest of the population. b6, b7c June 24 - 26, 2008 AUDITOR’S SIGNATURE / DATE SPECIAL MANAGEMENT UNIT DISCIPLINARY SEGREGATION POLICY: EACH FACILITY WILL ESTABLISH A SPECIAL MANAGEMENT UNIT IN WHICH TO ISOLATE CERTAIN DETAINEES FROM THE GENERAL POPULATION. THE SPECIAL MANAGEMENT UNIT WILL HAVE TWO SECTIONS, ONE FOR DETAINEES IN ADMINISTRATIVE SEGREGATION; THE OTHER FOR DETAINEES BEING SEGREGATED FOR DISCIPLINARY REASONS. COMPONENTS Y N NA REMARKS FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 66 of 80 SPECIAL MANAGEMENT UNIT DISCIPLINARY SEGREGATION POLICY: EACH FACILITY WILL ESTABLISH A SPECIAL MANAGEMENT UNIT IN WHICH TO ISOLATE CERTAIN DETAINEES FROM THE GENERAL POPULATION. THE SPECIAL MANAGEMENT UNIT WILL HAVE TWO SECTIONS, ONE FOR DETAINEES IN ADMINISTRATIVE SEGREGATION; THE OTHER FOR DETAINEES BEING SEGREGATED FOR DISCIPLINARY REASONS. COMPONENTS Y N NA REMARKS SDCF Policy 15-100, titled: Officers placing detainees in disciplinary segregation follow written Detainee Discipline (NDS procedures. Discipline Policy) The discipline panel must have The sanctions for violations committed during one incident are limited the Warden's approval to to 60 days. sanction more than 30 days. A completed Disciplinary Segregation Order accompanies the detainee into the SMU. The detainee receives a copy of the order within 24 hours of placement in disciplinary segregation. Standard procedures include reviewing the cases of individual detainees housed in disciplinary detention at set intervals. Documentation verified. After each formal review, the detainee receives a written copy of the decision and supporting reasons. The conditions of confinement in the SMU are proportional to the amount of control necessary to protect detainees and staff. Basically the same privileges Detainees in disciplinary segregation have fewer privileges than those but on a limited basis compared housed in administrative segregation. to general population. Living conditions in disciplinary SMUs remain the same regardless of behavior. If no, does staff prepare written documentation for this action? Does the OIC sign to indicate approval. All inmates/detainees are treated Every detainee in disciplinary segregation receives the same humane the same in Disciplinary treatment, regardless of offense. Segregation. The quarters used for segregation are: Well-ventilated. Adequately lighted. Appropriately heated. Maintained in a sanitary condition. All cells are equipped with beds that are securely fastened to the floor or wall of the cell. The number of detainees confined to each cell or room is limited to the number for which the space was designate. Does the OIC approve excess occupancy on a temporary basis? When a detainee is segregated without clothing, mattress, blanket, or pillow (in a dry cell setting), a justification is made and the decision is reviewed each shift. Items are returned as soon as it is safe. Detainees in the SMU have the same opportunities to exchange clothing, bedding, etc., as other detainees. Detainees in the SMU receive three nutritious meals per day, selected from the Food Service's menu of the day. Food is not used as punishment. Detainees are allowed to maintain a normal level of personal hygiene, including the opportunity to shower and shave at least three times/week. Detainees receive, unless documented as a threat to security: All cells are two man cells. No record of excess occupancy on a temporary basis. Inmates/detainees are not placed in a dry cell setting unless ordered by medical for medical reasons. Documented on the Segregation Housing Record (SHR). FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 67 of 80 SPECIAL MANAGEMENT UNIT DISCIPLINARY SEGREGATION POLICY: EACH FACILITY WILL ESTABLISH A SPECIAL MANAGEMENT UNIT IN WHICH TO ISOLATE CERTAIN DETAINEES FROM THE GENERAL POPULATION. THE SPECIAL MANAGEMENT UNIT WILL HAVE TWO SECTIONS, ONE FOR DETAINEES IN ADMINISTRATIVE SEGREGATION; THE OTHER FOR DETAINEES BEING SEGREGATED FOR DISCIPLINARY REASONS. COMPONENTS Y N NA REMARKS Barbering services; Recreation privileges; Other-than-legal reading material; Religious material; The same correspondence privileges as other detainees; and Personal legal material. When phone access is limited by number or type of calls, the following areas are exempt: One 15 minute personal call per Calls about the detainee's immigration case or other legal month and legal calls or matters; emergency calls are approved Calls to consular/embassy officials; and on a case-by-case basis. Calls during family emergencies (as determined by the OIC/Warden). A health care professional visits every detainee in disciplinary segregation every week day. Documented on the SHR. The shift supervisor visits each segregated detainee daily Weekends and holidays. SMU detainees are allowed visitors, in accordance with the "Visitation" standard. SMU detainees receive legal visits, as provided in the "Visitation” standard. Legal service providers are notified of security concerns arising before a visit. Visits from clergy are allowed. The Chaplain visits the unit The clergy member is given the option of visiting/not visiting three times a week and provides the segregated detainee. communion one time a month to Violent/uncooperative detainees are denied access to religious all who wish to partake. services when safety and security would otherwise be affected. SMU detainees have law library access. Violent/uncooperative detainees retain access to the law library unless adjudicated a security threat in writing. Legal materials are brought to the inmate/detainee as he/she Legal material brought to individuals in the SMU on a caserequests. by-case basis. Staff documents every incident of denied access to the law library. All detainee-related activities are documented, e.g. meals served, Documented on the SHR. recreation activities, visitors, etc. The SPC's, the Special Management Housing Unit Record (I-888or equivalent), is prepared as soon as the detainee is placed in the SMU. All I-888s are filled out by the end of each shift. The CDF/IGSA facility use Form. I-888 (or equivalent local form). FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 68 of 80 SPECIAL MANAGEMENT UNIT DISCIPLINARY SEGREGATION POLICY: EACH FACILITY WILL ESTABLISH A SPECIAL MANAGEMENT UNIT IN WHICH TO ISOLATE CERTAIN DETAINEES FROM THE GENERAL POPULATION. THE SPECIAL MANAGEMENT UNIT WILL HAVE TWO SECTIONS, ONE FOR DETAINEES IN ADMINISTRATIVE SEGREGATION; THE OTHER FOR DETAINEES BEING SEGREGATED FOR DISCIPLINARY REASONS. COMPONENTS Y N NA REMARKS SMU staff record whether the detainee ate, showered, exercised, took medication, etc. Details about the detainee logged, e.g., a medical condition, suicidal/violent behavior, etc. The health care official sign individual records after each visit. Documented on the SHR that is The housing officer initials the record when all detainee generated new weekly. services are completed or at the end of the shift. A new record is created weekly for each detainee in the SMU. The SMU retains these records until the detainee leaves the SMU. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: SDCF has a Special Management Unit which houses both Administrative Segregation inmates and Disciplinary Segregation inmates. Disciplinary Segregation is a status in the unit that denotes the inmate has been found guilty of violation of rules/regulations by a Discipline Panel and has more restrictions than an Administrative Detention inmate. The inmate will maintain this status for a specified number of days. June 24 - 26, 2008 AUDITOR’S SIGNATURE / DATE b6, b7c FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 69 of 80 TOOL CONTROL POLICY: IT IS THE POLICY OF ALL FACILITIES THAT ALL EMPLOYEES SHALL BE RESPONSIBLE FOR COMPLYING WITH THE TOOL CONTROL POLICY. THE MAINTENANCE SUPERVISOR SHALL MAINTAIN A COMPUTER GENERATED OR TYPEWRITTEN MASTER INVENTORY LIST OF TOOLS AND EQUIPMENT AND THE LOCATION IN WHICH TOOLS ARE STORED. THESE INVENTORIES SHALL BE CURRENT, FILED AND READILY AVAILABLE FOR TOOL INVENTORY AND ACCOUNTABILITY DURING AN AUDIT. COMPONENTS Y N NA REMARKS SDCF Policy 9 - 8, titled: There is an individual who is responsible for developing a tool control Control of Tools, dated: procedure and an inspection system to insure accountability. February 25, 2005. Department heads are responsible for implementing this standard in their departments. Tool inventories are required for the: Maintenance Department; Medial Department; Recreation Department does not Food Service Department; maintain tools. Electronics Shop; Recreation Department; and Armory. The facility has a policy for the regular inventory of all tools. The policy sets minimum time lines for physical inventory and all necessary documentation. ICE facilities use AMIS bar code labels when required. The facility has a tool classification system. Tools are classified according to: Restricted (dangerous/hazardous); and Non-Restricted (non-hazardous). Department heads are responsible for implementing tool-control procedures. The facility has policies and procedures in place to ensure that all tools All tools are marked and are are marked and readily identifiable. readily identifiable. The facility has an approved tool storage system. The system ensures that all stored tools are accountable. Shadow boards are utilized at SDCF. Commonly used tools (tools that can be mounted) are stored in such a way that missing tool is readily notice. Each facility has procedures for the issuance of tools to staff and Tools are issued by chit system detainees. and logged in a log book. The facility has policies and procedures to address the issue of lost tools. The policy and procedures include: Verbal and written notification; Procedures for detainee access; and Necessary documentation/review for all incidents of lost tools. Broken or worn out tools are Broken or worn out tools are surveyed and disposed of in an appropriate destroyed in an appropriate and secure manner. manner and documented. Private contractors entering the All private or contract repairs and maintenance workers under contract to facility have their tools ICE, or other visitors, submit an inventory of all tools prior to admittance inventoried and have their tools into or departure from the facility. inventoried as they leave the facility. Documentation is maintained by the Chief of Security. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 70 of 80 SDCF requires that all employees comply with the tool control policy. The Maintenance Supervisor maintains a master list of tools and equipment and the location in which tools are stored. The tool inventories were available during the audit and were found to be accurate and up-to-date. b6, b7c June 24 - 26, 2008 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 71 of 80 TRANSPORTATION LAND TRANSPORTATION POLICY: THE IMMIGRATION AND NATURALIZATION SERVICE WILL TAKE ALL NECESSARY PRECAUTIONS TO PROTECT THE LIVES, SAFETY, AND WELFARE OF OUR OFFICERS, THE GENERAL PUBLIC, AND THOSE IN ICE CUSTODY DURING THE TRANSPORTATION OF DETAINEES. STANDARDS HAVE BEEN ESTABLISHED FOR PROFESSIONAL TRANSPORTATION UNDER THE SUPERVISION OF EXPERIENCED AND TRAINED DETENTION ENFORCEMENT OFFICERS OR AUTHORIZED CONTRACT PERSONNEL. STANDARD NA: CHECK THIS BOX IF ALL ICE TRANSPORTATION IS HANDLED ONLY BY THE ICE FIELD OFFICE OR SUB-OFFICE IN CONTROL OF THE DETAINEE CASE. COMPONENTS Transporting officers comply with applicable local, state, and federal motor vehicle laws and regulations. Records support this finding of compliance. Every transporting officer required to drive a commercial size bus has a valid Commercial Driver's License (CDL) issued by the state of employment. Supervisors maintain records for each vehicle operator. Officers use a checklist during every vehicle inspection. Officers report deficiencies affecting operability; and Deficiencies are corrected before the vehicle goes back into service. Transporting officers: Limit driving time 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 areaexceeding the 10-hour limit. Two officers with valid CDLs required in any bus transporting detainees. When buses travel in tandem with detainees, there are two qualified officers per vehicle. An unaccompanied driver may transport an empty vehicle. Before the start of each detail, the vehicle is thoroughly searched. Positive identification of all detainees being transported is confirmed. All detainees are searched immediately prior to boarding the vehicle by staff controlling the bus or vehicle. The facility ensures that the number of detainees transported does not exceed the vehicles manufacturer’s occupancy level. Protective vests are provided to all transporting officers. The vehicle crew conducts a visual count once all passengers are on board and seated. YES NO NA REMARKS All SDCF employees who drive a commercial size bus have a valid Commercial Drivers License. Records are maintained in the office area of Receiving and Discharge. A review of the records showed them to be accurate and up to date. ICE Transportation Officers only. Observed 4 vans being searched before the start of the detail. Positive identification is made of all inmates/detainees as they get on a vehicle using a picture card. All inmates/detainees are searched before getting on the bus or vehicle. Load limits are clearly marked on the vehicle. All SDCF transportation officers were observed wearing their protective vest. Inmates/detainees are counted after they are boarded and FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 72 of 80 TRANSPORTATION LAND TRANSPORTATION POLICY: THE IMMIGRATION AND NATURALIZATION SERVICE WILL TAKE ALL NECESSARY PRECAUTIONS TO PROTECT THE LIVES, SAFETY, AND WELFARE OF OUR OFFICERS, THE GENERAL PUBLIC, AND THOSE IN ICE CUSTODY DURING THE TRANSPORTATION OF DETAINEES. STANDARDS HAVE BEEN ESTABLISHED FOR PROFESSIONAL TRANSPORTATION UNDER THE SUPERVISION OF EXPERIENCED AND TRAINED DETENTION ENFORCEMENT OFFICERS OR AUTHORIZED CONTRACT PERSONNEL. STANDARD NA: CHECK THIS BOX IF ALL ICE TRANSPORTATION IS HANDLED ONLY BY THE ICE FIELD OFFICE OR SUB-OFFICE IN CONTROL OF THE DETAINEE CASE. COMPONENTS Additional visual counts are made whenever the vehicle makes a scheduled or unscheduled stop. Policies and procedures are in place addressing the use of restraining equipment on transportation vehicles. Officers ensure that no one contacts the detainees. One officer remains in the vehicle at all times when detainees are present. Meals are provided during long distance transfers. The meals meet the minimum dietary standards, as identified by dieticians utilized by ICE. 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. The vehicles are clean and sanitary at all times. Personal property of a detainee transferring to another facility is: Inventoried; Inspected; and Accompanies the detainee. The following contingencies are included in the written procedures for vehicle crews: Attack Escape Hostage-taking Detainee sickness Detainee death Vehicle fire Riot Traffic accident Mechanical problems Natural disasters YES NO NA REMARKS seated. Policy and procedures were on the transportation vehicles I checked. SDCF Policy 9-18, titled: Transportation Procedures, dated: February 15, 2007. I inspected five vehicles and all were clean and sanitary. All contingencies are included in the written procedures for each vehicle. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 73 of 80 TRANSPORTATION LAND TRANSPORTATION POLICY: THE IMMIGRATION AND NATURALIZATION SERVICE WILL TAKE ALL NECESSARY PRECAUTIONS TO PROTECT THE LIVES, SAFETY, AND WELFARE OF OUR OFFICERS, THE GENERAL PUBLIC, AND THOSE IN ICE CUSTODY DURING THE TRANSPORTATION OF DETAINEES. STANDARDS HAVE BEEN ESTABLISHED FOR PROFESSIONAL TRANSPORTATION UNDER THE SUPERVISION OF EXPERIENCED AND TRAINED DETENTION ENFORCEMENT OFFICERS OR AUTHORIZED CONTRACT PERSONNEL. STANDARD NA: CHECK THIS BOX IF ALL ICE TRANSPORTATION IS HANDLED ONLY BY THE ICE FIELD OFFICE OR SUB-OFFICE IN CONTROL OF THE DETAINEE CASE. COMPONENTS YES NO NA REMARKS Severe weather Passenger list includes women or minors ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: SDCF and ICE share transportation responsibilities. The SDCF officers are well trained and professional in accomplishing their mission. June 24 - 26, 2008 AUDITOR’S SIGNATURE / DATE b6, b7c USE OF FORCE POLICY: THE U.S. DEPARTMENT OF HOMELAND SECURITY AUTHORIZES THE USE OF FORCE ONLY AS A LAST ALTERNATIVE AFTER ALL OTHER REASONABLE EFFORTS TO RESOLVE A SITUATION HAVE FAILED. ONLY THAT AMOUNT OF FORCE NECESSARY TO GAIN CONTROL OF THE DETAINEE, TO PROTECT AND ENSURE THE SAFETY OF DETAINEES, STAFF AND OTHERS, TO PREVENT SERIOUS PROPERTY DAMAGE AND TO ENSURE INSTITUTION SECURITY AND GOOD ORDER MAY BE USED. PHYSICAL RESTRAINTS NECESSARY TO GAIN CONTROL OF A DETAINEE WHO APPEARS TO BE DANGEROUS MAY BE EMPLOYED WHEN THE DETAINEE: COMPONENTS YES NO NA REMARKS SDCF Policy 9-1, titled: Use of Written policy authorizes staff to respond in an immediate-use-of-force Force, dated: September 17, situation without a supervisor’s presence or direction. 2004. When the detainee is in an area that is or can be isolated (e.g., a locked Every effort is made to prevent FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 74 of 80 USE OF FORCE POLICY: THE U.S. DEPARTMENT OF HOMELAND SECURITY AUTHORIZES THE USE OF FORCE ONLY AS A LAST ALTERNATIVE AFTER ALL OTHER REASONABLE EFFORTS TO RESOLVE A SITUATION HAVE FAILED. ONLY THAT AMOUNT OF FORCE NECESSARY TO GAIN CONTROL OF THE DETAINEE, TO PROTECT AND ENSURE THE SAFETY OF DETAINEES, STAFF AND OTHERS, TO PREVENT SERIOUS PROPERTY DAMAGE AND TO ENSURE INSTITUTION SECURITY AND GOOD ORDER MAY BE USED. PHYSICAL RESTRAINTS NECESSARY TO GAIN CONTROL OF A DETAINEE WHO APPEARS TO BE DANGEROUS MAY BE EMPLOYED WHEN THE DETAINEE: COMPONENTS YES NO NA REMARKS cell, a range), posing no direct threat to the detainee or others, officers and defuse a situation without must try to resolve the situation without resorting to force. using physical force. Written policy asserts that calculated rather than immediate use of force is feasible in most cases. The facility subscribes to the prescribed Confrontation Avoidance Procedures. Ranking detention official, health professional, and others confer before every calculated use of force. When a detainee must be forcibly moved and/or restrained, and there is time for a calculated use of force, staff uses the Use-of-Force Team Technique. Under staff supervision. Staff members are trained in the performance of the Use-of-Force Team Technique. All use-of-force incidents are documented and reviewed. Staff: Do not use force as punishment; Attempt to gain the detainee's voluntary cooperation before resorting to force; Use only as much force as necessary to control the detainee; and Use restraints only when other non-confrontational means, including verbal persuasion, have failed or are impractical. Medication may only be used for restraint purposes when authorized by the Medical Authority as medically necessary. Use-of-Force Team follows written procedures that attempt to prevent injury and exposure to communicable disease(s). Standard procedures associated with using four-point restraints include: Soft restraints (e.g., vinyl); Dressing the detainee appropriately for the temperature; A bed, mattress, and blanket/sheet; Checking the detainee at least every 15 minutes; Logging each check; Turning the bed-restrained detainee often enough to prevent soreness or stiffness; Medical evaluation of the restrained detainee twice per eight-hour shift; and When qualified medical staff is not immediately available, staff position the detainee "face-up". The shift supervisor monitors the detainee's position/condition every two hours. He/she allows the detainee to use the rest room at these times under safeguards. All detainee checks are logged. In immediate-use-of-force situations, staff contacts medical staff once the detainee is under control. Confrontation Avoidance Procedures are the clear choice at SDCF. They practice talk down rather than take down. Staff members are trained and training is documented. Clearly spelled out in policy and procedures. Medication is not authorized for restraining purposes at SDCF. SDCF does not use four point restraints. SDCF does not use four point restraints. SDCF does not use four point restraints. Inmate/detainee is immediately evaluated once the person is under control. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 75 of 80 USE OF FORCE POLICY: THE U.S. DEPARTMENT OF HOMELAND SECURITY AUTHORIZES THE USE OF FORCE ONLY AS A LAST ALTERNATIVE AFTER ALL OTHER REASONABLE EFFORTS TO RESOLVE A SITUATION HAVE FAILED. ONLY THAT AMOUNT OF FORCE NECESSARY TO GAIN CONTROL OF THE DETAINEE, TO PROTECT AND ENSURE THE SAFETY OF DETAINEES, STAFF AND OTHERS, TO PREVENT SERIOUS PROPERTY DAMAGE AND TO ENSURE INSTITUTION SECURITY AND GOOD ORDER MAY BE USED. PHYSICAL RESTRAINTS NECESSARY TO GAIN CONTROL OF A DETAINEE WHO APPEARS TO BE DANGEROUS MAY BE EMPLOYED WHEN THE DETAINEE: COMPONENTS YES NO NA REMARKS When the OIC authorizes use of non-lethal weapons: Medical staff is consulted before staff use pepper spray/non-lethal weapons. Medical staff reviews the detainee's medical file before use of a non-lethal weapon is authorized. Restraining equipment is not Special precautions are taken when restraining pregnant detainees. authorized for pregnant Medical personnel are consulted inmates/detainees. Protective gear is worn when restraining detainees with open cuts or wounds. Staff documents every use of force and/or non-routine application of Documentation is maintained by restraints. the Chief of Security. It is standard practice to review any use of force and the non-routine application of restraints. All officers receive training in self-defense, confrontation-avoidance techniques and the use of force to control detainees. Specialized training is given and Officers are certified in all devices they use. In SPCs, is the Use of Force form is used? In other facilities (IGSAs / CDFs) is this form or its equivalent used? ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: SDCF authorizes the use of force after all other options have failed. Only the amount of force necessary to gain control of the inmate/detainee is used. This limited amount of force protects the staff and ensures the safety of the inmate/detainee and prevents property damage while allowing for security of the facility. June 24 - 26, 2008 Auditor’s Signature / Date b6, b7c STAFF DETAINEE COMMUNICATIONS POLICY: PROCEDURES MUST BE IN PLACE TO ALLOW FOR FORMAL AND INFORMAL CONTACT BETWEEN KEY FACILITY STAFF AND ICE STAFF AND ICE DETAINEE AND TO PERMIT DETAINEES TO MAKE WRITTEN REQUESTS TO ICE STAFF AND RECEIVE AN ANSWER IN AN ACCEPTABLE TIME FRAME. COMPONENTS Y N NA REMARKS Mr. John Garzon, AFOD, The ICE Field Office Director ensures that weekly announced and assigned to this CCA facility unannounced visits occur at the IGSA. ensures all weekly announced and unannounced visits occur. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 76 of 80 STAFF DETAINEE COMMUNICATIONS POLICY: PROCEDURES MUST BE IN PLACE TO ALLOW FOR FORMAL AND INFORMAL CONTACT BETWEEN KEY FACILITY STAFF AND ICE STAFF AND ICE DETAINEE AND TO PERMIT DETAINEES TO MAKE WRITTEN REQUESTS TO ICE STAFF AND RECEIVE AN ANSWER IN AN ACCEPTABLE TIME FRAME. COMPONENTS Y N NA REMARKS All IEAs and Deportation staff Detention and Deportation Staff conduct scheduled weekly visits with visits several times weekly. detainees held in the IGSA. Observed Staff Detainee Communication Log Books from January 2, 2006 until the present. Observed scheduled visit Scheduled visits are posted in ICE detainee areas. memos on all ICE detainee unit bulletin boards. Visiting staff observe and note current climate and conditions of ICE staff developed an excellent confinement at each IGSA. Facility Liaison Visit Checklist to document climate and conditions of confinement. This checklist included facility sanitation, staff observations, detainee observations, medical staff observations, telephone system, Law Library, SMU observations, total detainee contacts, informal contacts, etc. Observed Detainee Request ICE information request Forms are available at the IGSA for use by ICE Forms in all housing units. detainees. Information about the Detainee Request Forms was also covered in the Detainee Handbook on page 2 regarding Staff Communication and on page 16 regarding Detainee Request to Staff Member. The IGSA treats detainee correspondence to ICE staff as Special Correspondence. Observed several months of ICE staff responds to a detainee request from an IGSA within 72 hours. completed detainee request forms maintained to ensure that the 72 hour policy was complied with. ICE and CCA staffs are very responsive to the detainee population. This information was outlined ICE detainees are notified in writing upon admission to the facility of on page 2 of the Detainee their right to correspond with ICE staff regarding their case or conditions Handbook regarding Staff of confinement. Communications. This was also posted on the housing unit bulletin boards. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: SDCF and ICE staff works well together in meeting the ICE National Detention Standard on Staff/Detainee Communications. Staff has excellent communications with all detainees/inmates at this facility. It is obvious that their tremendous team work in this area is an FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 77 of 80 area of strength for this facility in its total operations. b6, b7c June 24-26, 2008 AUDITOR’S SIGNATURE / DATE DETAINEE TRANSFER STANDARD POLICY: ICE WILL MAKE ALL NECESSARY NOTIFICATIONS WHEN A DETAINEE IS TRANSFERRED. IF A DETAINEE IS BEING TRANSFERRED VIA THE JUSTICE PRISONER ALIEN TRANSPORTATION SYSTEM (JPATS), ICE WILL ADHERE TO JPATS PROTOCOLS. IN DECIDING WHETHER TO TRANSFER A DETAINEE, ICE WILL TAKE INTO CONSIDERATION WHETHER THE DETAINEE IS REPRESENTED BEFORE THE IMMIGRATION COURT. IN SUCH CASES, THE FIELD OFFICE DIRECTOR WILL CONSIDER THE DETAINEE’S STAGE WITHIN THE REMOVAL PROCESS, WHETHER THE DETAINEE’S ATTORNEY IS LOCATED WITHIN REASONABLE DRIVING DISTANCE OF THE FACILITY, AND WHERE THE IMMIGRATION COURT PROCEEDINGS ARE TAKING PLACE. COMPONENTS Y N NA REMARKS When a detainee is represented by legal counsel or a legal representative, The legal representative of FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 78 of 80 DETAINEE TRANSFER STANDARD POLICY: ICE WILL MAKE ALL NECESSARY NOTIFICATIONS WHEN A DETAINEE IS TRANSFERRED. IF A DETAINEE IS BEING TRANSFERRED VIA THE JUSTICE PRISONER ALIEN TRANSPORTATION SYSTEM (JPATS), ICE WILL ADHERE TO JPATS PROTOCOLS. IN DECIDING WHETHER TO TRANSFER A DETAINEE, ICE WILL TAKE INTO CONSIDERATION WHETHER THE DETAINEE IS REPRESENTED BEFORE THE IMMIGRATION COURT. IN SUCH CASES, THE FIELD OFFICE DIRECTOR WILL CONSIDER THE DETAINEE’S STAGE WITHIN THE REMOVAL PROCESS, WHETHER THE DETAINEE’S ATTORNEY IS LOCATED WITHIN REASONABLE DRIVING DISTANCE OF THE FACILITY, AND WHERE THE IMMIGRATION COURT PROCEEDINGS ARE TAKING PLACE. COMPONENTS Y N NA REMARKS and a G-28 has been filed, the representative of record is notified by the record is notified and the G-28 detainee’s Deportation Officer. is filed in the A-File. Observed several A-Files in the ICE area The notification is recorded in the detainee’s file; and of SDCF that was an asset in When the A File is not available, notification is noted within completing this standard. DACS This information is on the Notification includes the reason for the transfer and the location of the Detainee Transfer Notification new facility. Form. The deportation officer is allowed discretion regarding the timing of the notification when extenuating circumstances are involved. The attorney and detainee are notified that it is their responsibility to The detainee can call his family notify family members regarding a transfer. upon arrival at the new facility. Facility policy mandates that: SDCF staff work well with ICE Times and transfer plans are never discussed with the detainee staff to ensure the transfer plans prior to transfer; are confidential. The detainee is The detainee is not notified of the transfer until immediately advised of the transfer prior to departing the facility; and immediately prior to leaving the The detainee is not permitted to make any phone calls or have facility. contact with any detainee in the general population. Observed some Detainee The detainee is provided with a completed Detainee Transfer Notification Transfer Notification Forms in Form. the A-File. The I-203 (Authorization to Form G-391 or equivalent authorizing the removal of a detainee from a Release) and I-216 (Records of facility is used. Personal Property Transferred) are processed. For medical transfers: DIHS staff would approve the The Detainee Immigration Health Service (or IGSA) (DIHS) medical transfer and send the Medical Director or designee approves the transfer; approval to the FOD, whose staff would coordinate the Medical transfers are coordinated through the local ICE office; transfer. A medical transfer and summary would accompany the A medical transfer summary is completed and accompanies the detainee. 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. The I-794, Medical Transfer For medical transfers, transporting officers receive instructions regarding Sheet, would provide medical issues. instructions to the ICE transporting staff. Detainee’s funds, valuables, and property are returned and transferred The I-216 would document the with the detainee to his/her new location. necessary information. The I-589 would document money and valuables, and the I-77 would document property. Transfer and documentary procedures outlined in Section C and D are followed. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 79 of 80 DETAINEE TRANSFER STANDARD POLICY: ICE WILL MAKE ALL NECESSARY NOTIFICATIONS WHEN A DETAINEE IS TRANSFERRED. IF A DETAINEE IS BEING TRANSFERRED VIA THE JUSTICE PRISONER ALIEN TRANSPORTATION SYSTEM (JPATS), ICE WILL ADHERE TO JPATS PROTOCOLS. IN DECIDING WHETHER TO TRANSFER A DETAINEE, ICE WILL TAKE INTO CONSIDERATION WHETHER THE DETAINEE IS REPRESENTED BEFORE THE IMMIGRATION COURT. IN SUCH CASES, THE FIELD OFFICE DIRECTOR WILL CONSIDER THE DETAINEE’S STAGE WITHIN THE REMOVAL PROCESS, WHETHER THE DETAINEE’S ATTORNEY IS LOCATED WITHIN REASONABLE DRIVING DISTANCE OF THE FACILITY, AND WHERE THE IMMIGRATION COURT PROCEEDINGS ARE TAKING PLACE. COMPONENTS Y N NA REMARKS Meals are provided when transfers occur during normally schedule meal The facility or ICE staff would times. provide sack lunches. An A File or work folder accompanies the detainee when transferred to a Normally, the A-File would be different field office or sub-office. transported with the detainee. If the A-File is not transported Files are forwarded to the receiving office via overnight mail no later with the detainee, the FOD staff than one business day following the transfer. mails the A-File via DHL the next day. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: b6, b7c Mr. Supervisory Immigration Enforcement Agent, located at the SDCF was an asset on the Detainee Transfer Standard. He assisted and provided this information, as well as, making the information and A-Files available for review. ICE does an excellent job in working with the SDCF staff in meeting the ICE National Detention Standard on Detainee Transfer. / June 24-26, 2008 AUDITOR’S SIGNATURE / DATE b6, b7c FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 80 of 80