ICE Detention Standards Compliance Audit - Seal Beach Detention Center, Seal Beach, 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: FROM: Brian M. DeMore Field Office Director Los Angeles Field Office (b)(6), (b)(7)(C) Acting Chief Detention Standards Compliance Unit SUBJECT: Seal Beach Detention Center Annual Detention Review The annual review of Seal Beach Detention Center, located in Seal Beach, California, conducted on December 18-19, 2008, has been received. A final rating of Acceptable has been assigned. No further action is required and this review is closed. The rating is based on the Reviewer-in-Charge (RIC) Summary Memorandum and supporting documentation. The Field Office Director must now initiate the following actions in accordance with the Detention Management Control Program (DMCP): 1) The Field Office Director, Detention and Removal Operations, shall notify the facility within five business days of receipt of this memorandum. Notification shall include copies of the Form G-324B, Detention Facility Review Form, G-324B Worksheet, RIC Summary Memorandum, and this memorandum. 2) The next annual review will be scheduled on or before December 19, 2009. Should you or your staff require additional information regarding this matter, please contact b6, b7c Detention and Deportation Officer, Detention Standards Compliance Unit, at (202) 732 b2 high cc: Official File b2 high, (b)(6), (b)(7)(C) FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) www.ice.gov MANAGEMENT REVIEW Review Authority The signature below constitutes review of this report and acceptance by the Review Authority. FOD/OIC/CEO will have 30 days from receipt of this report to respond to all findings and recommendations. HQDRO MANAGEMENT REVIEW: (Print Name) Signature (b)(6), (b)(7)(C) Date Acting Chief Final Rating: Acceptable Deficient At-Risk Comments: The Review Authority concurs with the recommended rating of “Acceptable”. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Form G-324B SIS (Rev. 7/9/07) 6415 Calder, Suite B Beaumont, Texas 77706 409.866.9920 www.correctionalexperts.com Making a Difference! December 22, 2008 MEMORANDUM FOR: FROM: James T. Hayes, Jr. Director Office of Detention and Removal Operations b6, b7c Reviewer-In-Charge SUBJECT: Seal Beach Detention Center Annual Detention Review Creative Corrections conducted an Annual Detention Review (ADR) of Seal Beach Detention Center in Seal Beach, California, on December 18-19, 2008. As noted on the attached b6, b7c documents, the team of Subject Matter Experts (SME) included , Security; b6, b7c b6, b7c , Health Services; , Environmental Health and Safety; and b6, b7c , Food Service. A closeout meeting, which included a discussion of all aspects of the review, was conducted with Corporal b6, b7c on Friday, December 19, 2008. Type of Review This review is an Annual Detention Standard Review to determine general compliance with established ICE National Detention Standards for facilities used for less than 72 hours. Review Summary The facility is not accredited by the American Correctional Association, National Commission on Correctional Health Care, or Joint Commission on Accreditation of Healthcare Organizations. Standards Compliance The following statistical information provides a direct comparison of the 2007 ADR and the ADR conducted for 2008. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) May 2007 Review Compliant Deficient At-Risk Not-Applicable December 2008 Review 27 0 0 1 Compliant Deficient At-Risk Not-Applicable 27 0 0 1 RIC Observations The management of Seal Beach Detention Center was returned to city staff earlier this year. At that time, Corporal b6, b7c was assigned as the administrator and has transformed the detention center into an exceptionally clean and well-organized operation. Recommended Rating and Justification It is the Reviewer-in-Charge’s (RIC) recommendation that the facility receive a rating of “Acceptable”. RIC Assurance Statement All findings of this review have been documented on the Detention Review Worksheets and are supported by the written documentation contained in the review file. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Department Of Homeland Security Immigration and Customs Enforcement Detention Facility Inspection Form Facilities Used Under 72 hours Estimated Man-days per Year 365 A. TYPE OF FACILITY REVIEWED ICE Service Processing Center ICE Contract Detention Facility ICE Intergovernmental Service Agreement G. ACCREDITATION CERTIFICATES N/A List all State or National Accreditation[s] received: CA DOC, State Jail Comm., & DOC Juvenile Justice. Comm. B. CURRENT INSPECTION Type of Inspection Field Office HQ Inspection Date[s] of Facility Review December 18-19, 2008 C. PREVIOUS/MOST RECENT FACILITY REVIEW Date[s] of Last Facility Review May 7, 2007 Previous Rating Superior Good Acceptable Deficient 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 At-Risk D. NAME AND LOCATION OF FACILITY Name Seal Beach Detention Center Address 913 Seal Beach Blvd. City, State and Zip Code Seal Beach, CA 90740 County Orange Name and Title of Chief Executive Officer (Warden/OIC/Superintendent) Corporal b6, b7c Telephone Number (Include Area Code) 562-799b6, b7c Field Off e (List Office with Oversight) Los Angeles Distance from Field Office 15 E. ICE Information Name of Inspector (Last Name, Title and Duty Station) /Reviewer-In-Charge/Creative Corrections b6, b7c eam Member / Title / Duty Location b6, b7c /SME - Security/Creative Corrections Name of Team Member / Title / Duty Location b6, b7c SME - Medical/Creative Corrections Name of Team Member / Title / Duty Location b6, b7c /SME - Food Service/Creative Corrections Member / Title / Duty Location b6, b7c SME - Environmental Health and Safety Creative Corrections F. CDF/IGSA INFORMATION ONLY Contract Number Date of Contract or IGSA None Basic Rates per Man-Day I. FACILITY HISTORY Date Built 1977 Date Last Remodeled or Upgraded 1994 Date New Construction / Bed Space Added 1994 Future Construction Planned Yes No Date: Current Bed space Future Bed Space (# New Beds only) 30 Number: N/A Date: J. TOTAL FACILITY POPULATION Total Facility Intake for Previous 12 months 824 Total ICE Man Days for Previous 12 months 0 K. CLASSIFICATION LEVEL (ICE SPCS AND CDFS ONLY) L-1 L-2 L-3 Adult Male N/A Adult Female N/A L. FACILITY CAPACITY Rated Adult Male 30 Adult Female Operational 30 Emergency 38 Facility Holds Juveniles Offenders 16 and Older as Adults M. AVERAGE DAILY POPULATION ICE Adult Male Adult Female USMS - Other 8 N. FACILITY STAFFING LEVEL Security: Support: b2 high b2 high Other Charges: (If None, Indicate N/A) N/A ; ; ; FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Form G-324B SIS (Rev. 7/9/07) SIGNIFICANT INCIDENT SUMMARY WORKSHEET In order for Creative Corrections to complete its review of your facility, you must complete the following worksheet prior to your scheduled review dates. This worksheet must contain data for the past twelve months. We will use this worksheet in conjunction with the ICE Detention Standards to assess your detention operations with regard to the needs of ICE and its detainee population. Failure to complete this worksheet will result in a delay in processing this report, and may result in a reduction or removal of ICE detainees from your facility. DESCRIPTION Jan – Mar Apr – Jun Jul – Sep Oct – Dec Types (Sexual 2 , Physical, etc.) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1/V 0 0 0 C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 INCIDENTS Assault: Offenders on Offenders 1 With Weapon Without Weapon Types (Sexual Physical, etc.) Assault: Detainee on Staff 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 Number/Reason (M=Medical, V=Violent Behavior, O=Other) Type (C=Chair, B=Bed, BB=Board, O=Other) # Times Four/Five Point Restraints Applied/Used 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) Form G-324B SIS (Rev. 7/9/07) DHS/ICE DETENTION STANDARDS REVIEW SUMMARY REPORT 1. ACCEPTABLE 2. DEFICIENT 3. AT-RISK LEGAL ACCESS STANDARDS 1. 2. 4. REPEAT FINDING 5. NOT APPLICABLE 1. 2. 3. 4. 5. Visitation Telephone Access DETAINEE SERVICES 3. 4. 5. 6. 7. 8. 9. 10. Admission and Release Classification System Detainee Handbook Food Service Funds and Personal Property Detainee Grievance Procedures Issuance and Exchange of Clothing, Bedding, and Towels Religious Practices HEALTH SERVICES 11. 12. Medical Care Suicide Prevention and Intervention SECURITY AND CONTROL 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. Contraband Detention Files Disciplinary Policy Emergency Plans Environmental Health and Safety Hold Rooms in Detention Facilities Key and Lock Control Population Counts Security Inspections Special Management 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) Form G-324B SIS (Rev. 7/9/07) 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 December 19, 2008 TEAM MEMBERS Print Name, Title, & Duty Location b6, b7c Print Name, Title, & Duty Location SME - Security, Creative Corrections Print Name, Title, & Duty Location SME - Health Services b6, b7c s RECOMMENDED RATING: b6, b7c SME - Food Services, Creative Corrections Print Name, Title, & Duty Location SME - Environmental Health and Safety b6, b7c Creative Corrections ACCEPTABLE DEFICIENT AT-RISK COMMENTS: Seal Beach Detention Center is immaculate and well organized. Solid policies and procedures in place. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Form G-324B SIS (Rev. 7/9/07) Department of Homeland Security Immigration and Customs Enforcement Office of Detention and Removal Condition of Confinement Review Worksheet (This document must be attached to each Inspection Form) This Form to be used for Inspections of Facilities used less than 72 Hours Field Office Detention Review Worksheet Local Jail – IGSA State Facility – IGSA ICE Contract Detention Facility Name Seal Beach Detention Center Address (Street and Name) 913 Seal Beach Blvd. City, State and Zip Code Seal Beach, CA 90740 County Orange Name and Title of Chief Executive Officer (Warden/OIC/Superintendent) b6, b7c Corporal Name and Title of Reviewer-In-Charge Reviewer-In-Charge - Creative Corrections b6, b7c eview December 18-19, 2008 Type of Review Headquarters Operational Special Assessment Other FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) TABLE OF CONTENTS SECTION I. DETAINEE SERVICES STANDARDS ................................................................................................................... ..3 ADMISSION AND RELEASE ........................................................................................................................................................ CLASSIFICATION SYSTEM ......................................................................................................................................................... DETAINEE HANDBOOK .............................................................................................................................................................. FOOD SERVICE .......................................................................................................................................................................... FUNDS AND PERSONAL PROPERTY............................................................................................................................................ DETAINEE GRIEVANCE PROCEDURES ....................................................................................................................................... ISSUANCE AND EXCHANGE OF CLOTHING, BEDDING, AND TOWELS ........................................................................................ RELIGIOUS PRACTICES .............................................................................................................................................................. ACCESS TO TELEPHONES........................................................................................................................................................... VISITATION ............................................................................................................................................................................... SECTION II. HEALTH SERVICES STANDARDS..................................................................................................................... 14 MEDICAL CARE ......................................................................................................................................................................... SUICIDE PREVENTION AND INTERVENTION .............................................................................................................................. SECTION III. SECURITY AND CONTROL STANDARDS ........................................................................................................ 17 CONTRABAND ........................................................................................................................................................................... DETENTION FILES...................................................................................................................................................................... DISCIPLINARY POLICY .............................................................................................................................................................. EMERGENCY PLANS .................................................................................................................................................................. ENVIRONMENTAL HEALTH AND SAFETY .................................................................................................................................. HOLD ROOMS IN DETENTION FACILITIES ................................................................................................................................. KEY AND LOCK CONTROL......................................................................................................................................................... POPULATION COUNTS ................................................................................................................................................................ SECURITY INSPECTIONS ............................................................................................................................................................ SPECIAL MANAGEMENT UNIT (ADMINISTRATIVE SEGREGATION)........................................................................................... SPECIAL MANAGEMENT UNIT (DISCIPLINARY SEGREGATION) ................................................................................................ TOOL CONTROL ......................................................................................................................................................................... TRANSPORTATION (LAND) ....................................................................................................................................................... USE OF FORCE ........................................................................................................................................................................... STAFF/DETAINEE COMMUNICATIONS ....................................................................................................................................... DETAINEE TRANSFER STANDARD ............................................................................................................................................. 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) Page 2 of 36 SECTION I DETAINEE SERVICES STANDARDS FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 3 of 36 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 In-processing includes an orientation of the facility. Medical screenings are performed by medical staff or persons who have received specialized training for the purpose of conducting an initial health screening. All new arrivals are searched in accordance with the “Detainee Search” standard. An officer of the same sex as the detainee conducts the search and the search is conducted in an area that affords as much privacy as possible. Detainees are stripped searched only when cause has been established and not as routine policy. Non-criminal detainees are not strip-searched but are patted down, unless reasonable suspicion is established. The “Contraband” standard governs all personal property searches. IGSAs/CDFs use or have a similar contraband standard. Staff prepares a complete inventory of each detainee’s possessions. The detainee receives a copy. Two officers are present during the processing of detainee funds and valuables during admissions processing to the facility. Both officers verify funds and valuables. Staff completes Form 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. All releases are properly coordinated with ICE using a Form I-203. Policy does not require the presence of two officers. Currently, the facility does not house ICE detainees, but procedures are in place. This will be accomplished when ICE detainees are place in the facility. Staff completes paperwork/forms for release as required. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: Staff is very efficient and has a clear understanding of their duties and responsibilities. b6, b7c December 19, 2008 UDITOR S SIGNATURE/DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 4 of 36 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 separating criminal and non-criminal ICE detainees. Violent offenders are separated from non-violent offenders. Housing assignments are based on threat level. ACCEPTABLE Y DEFICIENT N NA REMARKS This facility houses minimum level detainees. AT-RISK REPEAT FINDING REMARKS: None b6, b7c December 19, 2008 AUDITOR’S SIGNATURE/DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 5 of 36 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 handbook is being translated The detainee handbook is written in English and translated into Spanish, into Spanish which should be or into the next most-prevalent Language(s). completed prior to the placement of ICE detainees. The detainee handbook states in clear language the basic detainee responsibilities. The handbook identifies: Initial issue of clothing and bedding, and personal hygiene items; When a medical examination will be conducted; When a medical examination will The telephone policy, debit card procedures, direct and free be conducted and direct/free calls calls, locations of telephones, policy when telephone demand are not addressed in the is high, Policy and procedures for emergency phone calls, and handbook. the Detainee Message System; Facility search procedures and contraband policy; and Facility visiting hours and schedule, and visiting rules and regulations The handbook describes the detainee disciplinary policy and procedures, to include: Prohibited acts and severity scale sanctions; Time limits in the Disciplinary Process; Summary of Disciplinary Process; Sick call procedures for general population and segregation; and The rights and responsibilities of all detainees. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: When a medical examination will be conducted and direct/free calls are not addressed in the handbook. The handbook is being translated into Spanish which should be completed prior to the placement of ICE detainees. b6, b7c December 19, 2008 AUDITOR’S SIGNATURE/DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 6 of 36 FOOD SERVICE POLICY: EVERY FACILITY WILL PROVIDE DETAINEES IN ITS CARE WITH NUTRITIOUS AND APPETIZING MEALS, PREPARED IN ACCORDANCE WITH THE HIGHEST SANITARY STANDARDS. COMPONENTS Y N NA REMARKS Trained staff supervises the food service program. Food service is under contract with Aramark Food Service. Knife cabinets close with an approved locking device and the on-duty Knives are not stored in the cook foreman maintains control of the key that locks the device. department. All knives not in a secure cutting room are physically secured to the workstation and staff directly supervises detainees using knives at these workstations. Staff monitor the condition of knives and dining utensils Detainees are served at least three meals daily. No more than 14 hours Detainees receive three meals a day: Breakfast - 0800; Lunch elapse between the last meal served and the first meal of the following 1200; and Dinner - 1800. day. Aramark's dietitian has A registered dietitian conducts a complete nutritional analysis of every completed a nutritional analysis master-cycle menu planned. of the menu. Per Policy 901.08.01, detainees The food service program addresses medical diets. requiring a special diet would be transported to Orange County Jail. Satellite-feeding programs follow guidelines for proper sanitation. Hot and cold foods are maintained at the prescribed, "safe" temperature(s) after two hours. (140 degrees for hot – 40 degrees for cold) All meals are provided in nutritionally adequate portions. Food is not used to punish or reward detainees based upon behavior. Food is not used as a reward or as punishment. Standard operating procedures include weekly inspections of all food service areas, including dining and food-preparation areas and equipment. Equipment is inspected daily. All deliveries are inspected by Procedures include inspecting all incoming food shipments for damage, the jail staff for damage, contamination, and pest infestation. contamination, and pest infestation prior to storage. Storage areas are locked. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: b6, b7c December 19, 2008 UDITOR S IGNATURE/DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 7 of 36 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 Detainee funds and valuables are properly separated, stored, and are accessible only by designated supervisor(s). Detainees’ large valuables are secured in a location accessible to designated supervisor(s) or processing staff only. There are two officers present Two officers are present during the processing of detainee funds and when processing funds and valuables during in-processing to the facility. Both officers verify funds valuables. Only one of the and valuables. officers verifies the funds and valuables. The transactions are videotaped which meet the intent of the policy. These tapes are retained for review in case of a discrepancy. All medication is confiscated Staff forwards an arriving detainee’s medicine to the medical staff. and forwarded to the medical staff. 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. CDF/IGSA facility procedures for handling detainee property claims are similar with the ICE standard. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: The facility maintains accurate records for personal property and funds. b6, b7c /December 19, 2008 AUDITOR’S SIGNATURE/DATE 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. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 8 of 36 COMPONENTS Every member of the staff knows how to identify emergency grievances, including the procedures for expediting them. There are documented or substantiated cases of staff harassing, disciplining, penalizing, or otherwise retaliating against a detainee who lodged a complaint: If yes, explain. Procedures include maintaining a Detainee Grievance Log. If not, an alternative acceptable record keeping system is maintained. "Nuisance complaints" are identified in the records. For quality control purposes, staff document nuisance complaints received but not filed. Staff is required to forward any grievance that includes officer misconduct to a higher official or, in a CDF/IGSA facility, to ICE. ACCEPTABLE DEFICIENT Y N NA REMARKS Although no grievances have been filed by ICE detainees, procedures are in place. All grievances will receive supervisory review. AT-RISK REPEAT FINDING REMARKS: The facility has standard operating procedures to address detainee grievances. b6, b7c December 19, 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 All new detainees are issued clean, temperature-appropriate, presentable clothing during in-processing. New detainees are issued clean bedding, linens, and a towel. ACCEPTABLE DEFICIENT YES AT-RISK NO NA REMARKS REPEAT FINDING REMARKS: FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 9 of 36 None b6, b7c December 19, 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. The facility allows detainees to observe the major “holy days” of their religious faith. Each detainee is allowed religious items in his/her immediate possession. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 10 of 36 REMARKS: The program is under the supervision of the Detention Center Coordinator who schedules religious services with the assistance of volunteers from the community. /December 19, 2008 b6, b7c AUDITOR’S SIGNATURE/DATE 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. Detainees are afforded a reasonable degree of privacy for legal phone calls. Emergency phone call messages are immediately given to detainees. Detainees are allowed to return emergency phone calls as soon as possible. Detainees in disciplinary segregation are allowed phone calls to consular/embassy officials. Y N NA REMARKS The telephone policy is addressed in the handbook. Disciplinary cases are not held at the facility. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 11 of 36 DETAINEE TELEPHONE ACCESS POLICY: ALL FACILITIES HOUSING ICE DETAINEES WILL PERMIT DETAINEES’ REASONABLE AND EQUITABLE ACCESS TO TELEPHONES. COMPONENTS Y 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. Detainees in disciplinary segregation are allowed phone calls for family emergencies. Detainees in administrative segregation and protective custody are afforded the same telephone privileges as detainees 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. ACCEPTABLE DEFICIENT AT-RISK N NA REMARKS Corporal b6, b7c was unaware of this requirement. The OIG number will be posted or programmed into the phones prior to the placement of ICE detainees. Disciplinary cases are not held at the facility. REPEAT FINDING REMARKS: No problematic issues were found regarding detainee telephone access. b6, b7c /December 19, 2008 AUDITOR’S SIGNATURE / DATE 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 Policy 900.24, Visiting Rules There is a written visitation schedule and hours for general visitation. and Regulations The visitation schedule and rules are available to the public. A general visitation log is maintained. Visitors are searched and identified according to standard requirements. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 12 of 36 REMARKS: None b6, b7c December 19, 2008 UDITOR S SIGNATURE/DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 13 of 36 SECTION II HEALTH SERVICES STANDARDS FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 14 of 36 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 laws and guidelines. The facility’s in-processing procedures for arriving detainees include medical screening. All detainees have access to and receive medical care. Pharmaceuticals are stored in a secure area. Medical screening includes a Tuberculosis (TB) test. Detainees in the Special Management Unit have access to health care The facility does not have a services. Special Management Unit. The facility has a written plan for the delivery of 24-hour emergency Policy 901.07, Treatment of health care when no medical personnel are on duty at the facility, or when Inmates - Emergency Situation immediate outside medical attention is required. Detention staff receives CPR Detention staff is trained to respond to health-related emergencies within and First Aid training. a 4-minute response time. Paramedics are within 1-2 minutes from the facility. All detention staff is trained in Where staff is used to distribute medication, a health care provider medication distribution. The properly trains these officers. Registered Nurse has oversight of the program. The medical unit keeps written records of medication that is distributed. Detainees are required to sign a refusal to consent form when medical treatment is refused. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: Medical services are provided by a contract physician and contract Registered Nurse (RN). The RN reports three days per week. The physician and RN are on-call 24 hours per day, 7days per week. December 19, 2008 b6, b7c AUDITOR’S SIGNATURE/DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 15 of 36 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 Every new staff member receives suicide-prevention training. Suicideprevention training occurs during the employee orientation program. Training prepares staff to: Recognize potentially suicidal behavior; Refer potentially suicidal detainees, following facility procedures; and Understand and apply suicide-prevention techniques. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: Detention officers receive training on suicide prevention at the academy (8-week program). b6, b7c /December 19, 2008 AUDITOR’S SIGNATURE/DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 16 of 36 SECTION III. SECURITY AND CONTROL STANDARDS FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 17 of 36 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. Staff inventory, hold, and report it when necessary to the proper authority for action/possible seizure. Upon admission, detainees are Upon admittance, detainees receive notice of items they can and cannot provided a personal property possess. receipt sheet which lists all items approved for retention. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: Detainees are provided with a list of items approved for retention. b6, b7c December19, 2008 UDITOR S IGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 18 of 36 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 24 hours. The detainee detention file contains either originals or copies of documentation and forms generated during the admissions process. The detainee’s detention file also contains documents generated during the detainee’s custody. Special requests Any G-589s and/or I-77s closed-out during the detainee’s stay Disciplinary forms/Segregation forms Grievances, complaints, and the disposition(s) of same The detention files are located and maintained in a secure area. If not, the Files are secured in the office cabinets are lockable and distribution of the keys is limited to area. supervisors. The detention file remains active during the detainee’s stay. When the detainee is released from the facility, staff adds copies of completed release documents, the original closed-out receipts for property and valuables, the original I-385 or equivalent, and other documentation. The officer closing the detention file makes a notation that the file is complete and ready to be archived. Staff makes copies and sends documents from the file when properly requested by supervisory personnel at the receiving facility or office. Appropriate staff has access to the detention files, and other departmental requests are accommodated by making a request for the file. Each file is properly logged out and in by a representative of the responsible department. ACCEPTABLE DEFICIENT Files are reviewed in the office. AT-RISK REPEAT FINDING REMARKS: Corporal Scott has been involved in the management of the detention file for several months and is very competent. b6, b7c December 19, 2008 AUDITOR’S SIGNATURE/DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 19 of 36 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 reviews and appeals. The facility rules state that disciplinary action shall not be capricious or Policy 904.03, Detainee retaliatory. Discipline Written rules prohibit staff from imposing or permitting the following sanctions: corporal punishment deviations from normal food service Policy 904.03, Detainee clothing deprivation Discipline bedding deprivation denial of personal hygiene items loss of correspondence privileges deprivation of physical exercise The rules of conduct, sanctions, and procedures for violations are defined in writing and communicated to all detainees verbally and in writing. Detainees receive the handbook The following items are conspicuously posted in Spanish and English, during the intake process which and other dominate languages used in the facility: addresses these items. The Rights and Responsibilities handbook is only published in Prohibited Acts English. The facility is in the Disciplinary Severity Scale process of translating the Sanctions handbook into Spanish which should be completed prior to the placement of ICE detainees. When minor rule violations or prohibited acts occur, informal resolutions are encouraged. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: Detainees receive the handbook during the intake process which addresses these items. The handbook is only published in English. The facility is in the process of translating the handbook into Spanish which should be completed prior to the placement of ICE detainees. b6, b7c December 19, 2008 UDITOR S IGNATURE/DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 20 of 36 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 Section 4019.5 of the California Policy precludes detainees or detainee groups from exercising control or Penal Code addresses this authority over other detainees. component. Detainees are protected from: Personal abuse Corporal punishment Personal injury Disease Property damage Harassment from other detainees Written procedures cover: Work/Food Strike The facility does not have Disturbances written procedures for Escapes work/food strikes, bomb Bomb Threats threats, adverse weather, and Adverse Weather internal hostages. Facility Evacuation Internal Hostages ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: The facility does not have written procedures addressing work/food strikes, bomb threats, adverse weather, and internal hostages. b6, b7c /December 19, 2008 AUDITOR’S SIGNATURE/DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 21 of 36 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 The facility has a system for storing, issuing, and maintaining inventories of hazardous materials. Constant inventories are maintained for all flammable, toxic, and caustic substances used/stored in each section of the facility. The facility does not use/store flammable, toxic, or caustic substances. The manufacturer’s Material Safety Data Sheet (MSDS) file is up-to-date for every hazardous substance used. All personnel using flammable, toxic, and/or caustic substances follow the prescribed procedures. They: Wear personal protective equipment; and Report hazards and spills to the designated official. The MSDSs are readily accessible to staff and detainees in work areas. Hazardous materials are always issued under proper supervision. Quantities are limited; and Staff always supervises detainees using these substances. The facility has sufficient ventilation, and provides and ensures clean air exchanges throughout all buildings. Vents return vents, and air conditioning ducts are not blocked or obstructed in cells or anywhere in the 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. Staff directly supervise and account for products with methyl alcohol. Staff receives a list of products containing diluted methyl alcohol, e.g., shoe dye. All such products are clearly labeled. "Accountability" includes issuing such products to detainees in the smallest workable quantities. A technically qualified officer conducts the fire and safety inspections. The facility has an approved fire prevention, control, and evacuation plan. The plan requires: Monthly fire inspections; Fire protection equipment strategically located throughout the facility; Public posting of emergency plans with accessible building/room floor plans; Exit signs and directional arrows; and An area-specific exit diagram conspicuously posted in the diagrammed area. Written procedures regulate the handling and disposal of used needles and other sharp objects. Standard cleaning practices include: Using specified equipment; cleansers; disinfectants and detergents. An established schedule of cleaning and follow-up inspections. All cells were visually inspected. The vents were unobstructed. Temperatures were maintained at 73 degrees F. The facility did not maintain any products containing methyl alcohol. Policy 901.14.01, Bio Hazard Waste FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 22 of 36 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 A licensed/Certified/Trained pest-control professional inspects for rodents, insects, and vermin. Terminex Pest Control provides At least monthly. the necessary services. The pest-control program includes preventative spraying for indigenous insects. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: None b6, b7c December 19, 2008 AUDITOR’S SIGNATURE/DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 23 of 36 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 The hold rooms are situated within the secure perimeter. The hold rooms are well ventilated well lighted, and all activating switches are located outside the room. The hold rooms contain sufficient seating for the number of detainees held. The walls and ceilings of the hold rooms are tamper and escape proof. Individuals are not held in hold rooms for more than 12 hours. Male and females are segregated from each other. Detainees under the age of 18 are not held with adult detainees. The facility does not accept detainees under the age of 18. In older facilities, officers are within visual or audible range to allow Toilet facilities are located detainees access to toilet facilities on a regular basis. inside the holding cells. All detainees are given a pat down search for weapons or contraband before being placed in the room. Detainees are visual monitored Officers closely supervise the detention hold rooms using direct every 30 minutes. Detainees supervision (Irregular visual monitoring.). who display unusual behavior Hold rooms are irregularly monitored every 15 minutes. are monitored every 15 minutes. Unusual behavior or complaints are noted. The checks are documented in the Control Center logbook. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: None b6, b7c December 19, 2008 AUDITOR’S SIGNATURE/DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 24 of 36 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 Daily Jail Inspection Sheet Facility policies and procedures address the issue of compromised keys completed by each shift and locks. supervisor covers this component. Padlocks and/or chains are prohibited from use on cell doors. No padlocks or chains were observed in 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. A set of emergency keys are Emergency keys are available for all areas of the facility. maintained in the Watch Commander's Office and Booking. The facilities use a key accountability system. The keys are counted at the beginning and end of each shift. The count is documented on the Daily Jail Inspection Sheet and Control Center log. Authorization is necessary to issue any restricted key. Individual gun lockers are provided. They are located in an area that permits constant officer Gun lockers are located in the observation. Main Office and Booking. In an area that does not allow detainee or public access. All staff members are trained and held responsible for adhering to proper procedures for the handling of keys. Issued keys are returned immediately in the event an employee inadvertently carries a key ring home. When a key or key ring is lost, misplaced, or not accounted for, the shift supervisor is immediately notified. Detainees are not permitted to handle keys assigned to staff. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: None b6, b7c December/1/08 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. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 25 of 36 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 Staff conduct a formal count at least once each shift. Activities cease or are strictly controlled while a formal count is being conducted. Formal counts in all units take place simultaneously. Detainee participation in counts is prohibited. Officers positively identify each detainee before counting him/her as present. Officers positively identify each detainee before counting him/her as present. The facility does not have Written procedures cover informal and emergency counts. written procedures addressing They are followed during informal counts and emergencies. informal and emergency counts. There were no other discrepancies noted in this standard. The intent is being met. The control officer (or other designated position) maintains an out The Control Center maintains count record of all detainees temporarily leaving the facility. the out-counts. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: Five counts are conducted during a 24-hour period. The 4:00 p.m. count was observed during this review and no discrepancies were noted. Staff followed appropriate count procedures; however, these procedures are not in writing. Four ICE detainees were housed at the facility during the review. /December 19, 2008 AUDITOR’S SIGNATURE/DATE b6, b7c 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. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 26 of 36 COMPONENTS The facility has a comprehensive security inspection policy. YES NO Every officer is required to conduct a security check of his/her assigned area. The results are documented. NA REMARKS Policy 900.14.01, Security Inspections The security checks are conducted and documented in the Control Center logbook. The front-entrance officer checks the ID of everyone entering or exiting the facility. Every Control Center officer receives specialized training. The Control Center is staffed around the clock. Policy restricts staff access to the Control Center. Detainees are restricted from access to the Control Center. Officers monitor all vehicular traffic entering and leaving the facility. Vehicular traffic does not enter the facility. Vehicular traffic does not enter the facility. Vehicular traffic does not enter the facility. The searches are conducted and documented in the Control Center logbook. The facility maintains a log of all incoming and departing vehicles to sensitive areas of the facility. Officers thoroughly search each vehicle entering and leaving the facility. Every search of the SMU and other housing units is documented. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: None b6, b7c December 19, 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 The Administrative Segregation unit provides non-punitive protection from the general population and individuals undergoing disciplinary segregation. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 27 of 36 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 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. Administratively segregated detainees enjoy the same general privileges as detainees in the general population. The SMU is: Well ventilated; Adequately lighted; Appropriately heated; and Maintained in a sanitary condition. All cells are equipped with beds. Every bed is securely fastened to the floor or wall. The number of detainees in any cell does not exceed the occupancy limit. Detainees receive three nutritious meals per day, from the general population’s menu of the day. Each detainee maintains a normal level of personal hygiene in the SMU. A health care professional visits the unit three times per week and is on call for emergencies. Detainee activities are recorded on an individual weekly report sheet. This information is documented on the individual weekly report sheets and in the Control Center logbook. A health care professional visits every detainee at least three times a week. The SMU maintains a permanent log of detainee-related activity, e.g., meals served, recreation, visitors etc. Staff record whether the detainee ate, showered, exercised, and took any applicable medication during every shift. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: None b6, b7c /December 19, 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) Page 28 of 36 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 Officers placing detainees in disciplinary segregation follow written procedures. A completed Disciplinary Segregation Order accompanies the detainee into the SMU. Standard procedures include reviewing the cases of individual detainees housed in disciplinary segregation at set intervals. The conditions of confinement in the SMU are proportional to the amount of control necessary to protect detainees and staff. All cells are equipped with beds that are securely fastened to the floor or wall of the cell. When a detainee is segregated without clothing, mattress, blanket, or pillow (in a dry cell setting), a justification is made and the decision is reviewed each shift. Items are returned as soon as it is safe. Detainees in the SMU receive three nutritious meals per day, selected from the Food Service's menu of the day. Detainees are allowed to maintain a normal level of personal hygiene, including the opportunity to shower and shave at least three times/week. A health care professional visits every detainee in disciplinary segregation every week day. All detainee-related activities are documented, e.g. meals served, recreation activities, visitors, etc. SMU staff record whether the detainee ate, showered, exercised, took medication, etc. Details about the detainee logged, e.g., a medical condition, suicidal/violent behavior, etc. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: The facility does not operate a Disciplinary Segregation Unit. All detainees requiring disciplinary segregation are transferred to the Orange County Jail. December 19, 2008 AUDITOR’S SIGNATURE/DATE b6, b7c FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 29 of 36 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 The facility has a tool classification system. Tools are classified according to: Tools are not maintained inside Restricted (dangerous/hazardous); and the facility. Non-Restricted (non-hazardous). Each facility has procedures for the issuance of tools to staff and See above. detainees. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: The City of Seal Beach Public Works Department provides maintenance services for the facility. Maintenance workers are escorted by facility staff and the tools are inventoried prior to entering and departing the facility. b6, b7c December 19, 2008 AUDITOR’S SIGNATURE/DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 30 of 36 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. 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 YES NO NA FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 31 of 36 REMARKS 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 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 Severe weather Passenger list includes women or minors ACCEPTABLE DEFICIENT YES AT-RISK NO NA REMARKS REPEAT FINDING REMARKS: The facility does not transport ICE detainees. b6, b7c December 19, 2008 AUDITOR’S SIGNATURE/DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 32 of 36 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 There is a use of force policy outlining immediate and calculated use of Policy 300.1, Use of Force force, and confrontation avoidance. 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 Policy 901.08, Medication Medication may only be used for restraint purposes when authorized by Administration, states the Medical Authority as medically necessary. psychotropic medication is unauthorized. In immediate-use-of-force situations, staff contacts medical staff once the detainee is under control. Special precautions are taken when restraining pregnant detainees. These procedures are not in writing. Medical personnel are consulted Officers receive training in the The officers are thoroughly trained in the use of soft and hard restraints. use of soft and hard restraints during their initial five weeks of training at the academy. Use of force incidents are For incidents involving calculated use of force, a videotape is made and recorded utilizing the Puma II retained for review. Recording Device or videotaped. The uses of force are reviewed by the Jail Administrator. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: There have been no use of force incidents involving ICE detainees. A review of Policy, 300.1, Use of Force, revealed special precautions for restraining a pregnant detainee is not addressed. The facility should update its policy to include this requirement and ensure medical staff is contacted prior to the application of force. b6, b7c December 19, 2008 AUDITOR’S SIGNATURE/DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 33 of 36 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 ICE information request Forms are available at the IGSA for use by ICE Currently, facility forms are detainees. used. Corporal Scott stated The IGSA treats detainee correspondence to ICE staff as Special correspondence to ICE is treated Correspondence. as confidential mail (Policy 900.25, Mail Privileges). ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: None December 19, 2008 AUDITOR’S SIGNATURE/DATE b6, b7c FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 34 of 36 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, and a G-28 has been filed, the representative of record is notified by the detainee’s Deportation Officer. ICE staff handles these duties. The notification is recorded in the detainee’s file; and When the A File is not available, notification is noted within DACS Notification includes the reason for the transfer and the location of the new facility. The deportation officer is allowed discretion regarding the timing of the notification when extenuating circumstances are involved. The attorney and detainee are notified that it is their responsibility to notify family members regarding a transfer. Facility policy mandates that: Times and transfer plans are never discussed with the detainee prior to transfer; The detainee is not notified of the transfer until immediately prior to departing the facility; and The detainee is not permitted to make any phone calls or have contact with any detainee in the general population. The detainee is provided with a completed Detainee Transfer Notification Form. Form G-391 or equivalent authorizing the removal of a detainee from a ICE provides the appropriate facility is used. forms. For medical transfers: The Detainee Immigration Health Service (or IGSA) (DIHS) Medical Director or designee approves the transfer; ICE coordinates these transfers. Medical transfers are coordinated through the local ICE office; and A medical transfer summary is completed and accompanies the detainee. Detainees in ICE facilities having DIHS staff and medical care are transferred with a completed transfer summary sheet in a sealed envelope DIHS staff is not in this facility. with the detainee’s name and A-number, and the envelope is marked Medical Confidential. For medical transfers, transporting officers receive instructions regarding medical issues. Detainee’s funds, valuables, and property are returned and transferred with the detainee to his/her new location. Transfer and documentary procedures outlined in Section C and D are followed. Meals are provided when transfers occur during normally schedule meal times. An A File or work folder accompanies the detainee when transferred to a different field office or sub-office. Files are forwarded to the receiving office via overnight mail no later than one business day following the transfer. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 35 of 36 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 ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: ICE Field Office staff coordinates all transfers. December 19, 2008 b6, b7c AUDITOR’S SIGNATURE/DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 36 of 36