ICE Detention Standards Compliance Audit - Sherburne County Jail, Elk River, MN, ICE, 2009
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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 G-324A Inspection Form)
This Form to be used for Inspections of a/l Facilities Used Over 72 Hours
.~
o
o
ICE Detention Standards Review Worksheet
Local Jail- IGSA
State Facility - IGSA
ICE Contract Detention Facility
Name
Sherburne County Jail
Address (Street and Name)
13880 Hwy 10 West, Business Center Drive
City, State and Zip Code
Elk River, Minnesota 55330
County
Sherburne
Name and Title of Chief Executive Officer (Warden/OIC/Superintendent)
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Jail Commander
N arne and Title of Lead Compliance Inspector
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Date[s] of Review
December 8-10, 2009
Type of Review
~ Headquarters
Operational
o
o Special Assessment
o Other
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
G-324B Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07
TABLE OF CONTENTS
•
DETAINEE SERVICES STANDARDS (SECTION I) .............................................................................. 3
ACCESS TO LEGAL MATERIALS .......................................................................................................... .
ADMISSION AND RELEASE ............................................................... , ................................................. .
CLASSIFICATION SYSTEM .................................................................................................................. .
CORRESPONDENCE AND OTHER MAIL ................................................................................................ .
DETAINEE HANDBOOK ....................................................................................................................... .
FOOD SERVICE ................................................................................................................................... .
FUNDS AND PERSONAL PROPERTy ..................................................................................................... .
DETAINEE GRIEVANCE PROCEDURES ................................................................................................. .
GROUP PRESENTATIONS ON LEGAL RIGHTS ....................................................................................... .
ISSUANCE AND EXCHANGE OF CLOTHING, BEDDING, AND TOWELS .................................................... .
MARRIAGE REQUESTS ..........................................................................'................................ , ............ .
NON-MEDICAL ESCORTED TRIPS ....................................................................................................... .
RECREATION ..................................................................................................................................... .
RELIGIOUS PRACTICES ....................................................................................................................... .
ACCESS To TELEPHONES ................................................................................................................... .
VISITATION ........................................................................................................................................ .
VOLUNTARY WORK PROGRAM .......................................................................................................... .
HEALTH SERVICES STANDARDS (SECTION II) .............................................................................. 29
HUNGER STRIKES .............................................................................................................................. .
ACCESS To MEDICAL CARE ............................................................................................................... .
SUICIDE PREVENTION AND INTERVENTION ......................................................................................... .
TERMINAL ILLNESS, ADVANCED DIRECTIVES AND DEATH ............................................................... ..
SECURITY AND CONTROL STANDARDS (SECTION In) ..................................................................41
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 ................................................................................................................................... .
STAFFIDETAINEE COMMUNICATIONS ................................................................................................. .
DETAINEE TRANSFER STANDARD ....................................................................................................... .
•
NOTE: FOR EACH STANDARD RATED BELOW ACCEPTABLE, FACILITIES MUST ATTACH A PLAN OF ACTION FOR BRINGING
OPERATIONS INTO COMPLIANCE. EACH FACILITY SHOULD EXAMINE THE ENTIRE WORKSHEET 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 of73
•
SECTION I
DETAINEE SERVICES STANDARDS
•
•
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 3 of73
ACCESS TO LEGAL MATERIALS
FACILITIES HOLDING ICE DEfAINEES SHALL PERMIT DEfAINEES ACCESS TO A LAW LIBRARY, AND PROVIDE LEGAL MATERIALS,
EQUIPMENT, DOCUMENT COPYING PRIVILEGES, AND THE OPPORTUNITY TO PREPARE LEGAL DOCUMENTS.
The facility provides a designated law library for detainee use.
The law library is adequately equipped with typewriters and/or
computers, and has sufficient supplies for daily use by the detainees.
o
o
The facility has a designated
law library which contains a
good inventory of law and legal
resources. Law library
resources are taken to the units
for detainee use rather than
detainees to the
A listing of materials is posted
in the library and in the housing
units.
Since inmates/detainees do not
go to the library, they complete
an Inmate Request Form (IRF),
and staff delivers the law books
and other legal materials to
them.
Typewriters and other supplies
are delivered to the units when
In addition to the physical law library, detainees have access to the
Lexus Nexus electronic law library.
o
o
A LexisNexis station is
available in a room in the
o
o
There have been no requests or
submittals; however, such
inclusion is permitted by the
o
o
o
o
o
o
o
o
The law library contains all materials listed in the "Access to Legal
Materials" Standard, Attachment A. The listing of materials is posted
in the law
The library contains a sufficient number of chairs, is well lit, and is
reasonably isolated from noisy areas.
o
persons and organizations are permitted to submit published
material for inclusion in the legal library. Outside published
material is forwarded and reviewed by ICE prior to inclusion.
There is a designated ICE or facility employee who inspects, updates,
and maintains/replaces legal materials and equipment on a routine
basis.
Detainees are offered a minimum 5 hours per week in the law library.
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 library.
Detainees may request materials not currently in the law library. Each
request is reviewed and, where appropriate, an acquisition request is
timely initiated.
Requests for copies of court decisions are
accommodated within 3 - 5 business
Detainees are permitted to assist other detainees, voluntarily and free
of charge, in researching and preparing legal documents, consistent
with
o
o
o
o
o
The facility Program Manager is
responsible for oversight of the
law
Detainees may request and use
law books and materials in the
units in excess of 5 hours per
week if needed. There is a two
book limitation
If the facility does not have the
resources available, requests are
forwarded to ICE.
•
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 4 of73
ACCESS TO LEGAL MATERIALS
FACILITIES HOLDING ICE DETAINEES SHALL PERMIT DETAINEES ACCESS TO A LAW LffiRARY, AND PROVIDE LEGAL MATERIALS,
EQUIPMENT, DOCUMENT COPYING PRIVILEGES, AND THE OPPORTUNITY TO PREPARE LEGAL DOCUMENTS.
Illiterate or non-English-speaking detainees without legal
representation receive access to more than just English-language law
books after indicating their need for help.
Detainees may retain a reasonable amount of personal legal material in
the general population and in the special management unit. Stored
materials are accessible within 24 hours of a written
Detainees housed in Administrative Detention and Disciplinary
Segregation units have the same law library access as the general
population, barring security concerns. Detainees denied access to
legal materials are documented and reviewed routinely for lifting of
sanctions.
All denials of access to the law library fully documented.
when a detainee or group of
Facility staff informs ICE
detainees is denied access to the
or law materials.
J------'-- relief on any matter are not subjected to
o DEFICIENT
~ ACCEPT ABLE
~
~
~
OAT-RISK
o
o
o
o
0
0
0
0
0
0
0
0
The detainee would speak
directly with unit staff regarding
this issue, or submit an IRF to
seek assistance.
Denials would be documented
through the facility disciplinary
o REPEAT FINDING
REMARKS:
~e facility has a large law book inventory and a LexisNexis station available to the detainee population. Detainees request law books
or access to the LexisNexis by submitting an IRF. Books are taken to the detainee in the housing unit, or the detainee is escorted to
the LexisNexis station located in
artment.
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AUDITOR'S SIGNATURE / DATE
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FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 5 of73
~:;:~~
ADMISSION AND RELEASE
ALL DETAINEES WILL BE ADMITTED AND RELEASED IN A MANNER THAT ENSURES THEIR HEALTH, SAFElY, AND WELFARE. ThE
,m
IS PROCEDURE WILL, AMONG OTHER THINGS INCLUDE: MEDICAL SCREENING; A FILE-BASED ASSESSMENT AND CLASSIFICATION
PROCESS; A BODY SEARCH; AND A SEARCH OF PERSONAL BEWNGINGS, WHICH WILL BE INVENTORIED, DOCUMENTED, AND
SAFEGUARDED AS NECESSARY.
(;OMpUNENTS
YES
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
as much privacy as ~ ,~~a,lo
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 1-387 or similar form for CDFs and IGSAs for
every lost or missing property claim. Facilities forward all 1-387
claims to ICE.
Detainees are issued appropriate and sufficient clothing and bedding
for the climatic conditions.
The facility provides and replenishes personal hygiene items as
needed. Gender-specific items are available. ICE Detainees are not
_ch~ for these items.
All releases are properly r.()()rilinMp.iI with ICE using a Form 1-203.
Staff r.()mnlp.tp.s pap"" wvuJforms for release as ''''yuu",u.
IZl ACCEPTABLE
Dut<;t..
:IENT
D
No
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D
D
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D
D
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D
D
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D
D
~
D
D
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D
D
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D
D
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D
D
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D
D
IZl
[]
[]
[]
[]
~
AT-RISK
REMADK!i:
NA
After new intakes are in-processed in
the booking department, th"y are
moved to the Intake Unit where they:
are issued the handbook; shown a
video; classified; and given additional
verbal and written information. ICE
detainees are also provided the
National Detainee Handbook by ICE
staff when they are processed at the
Field Office.
Trained correctional officers (COs)
conduct the initial screenings. The
information is gathered on a 13-page
program (PC ENFORCE) and then
forwarded to medical for review.
D REPEAT FINUlNli
REMARKS:
The facility has an Intake/Orientation Unit which: provides information regarding facility operations, rules and regulations; issues the
Inmate Handbook; shows orient
rthers the initial classification process.
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FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 6 of73
~U:;~,
CLASSIFICATION SYSTEM
ALL FACILITIES WILL DEVELOP AND IMPLEMENT A SYSTEM ACCORDING TO WHICH ICE DETAINEES ARE CLASSIFIED. THE
.ASSWfrA'
SYSTEM WILL ENSURE THAT EACH DETAINEE IS PLACED IN THE APPROPRIATE CATEGORY, PHYSICALLY SEPARATED
FROM DETAINEES IN OTHER CATEGORIES
c.("
YES
ITIt
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 cannot be classified upon
arrival; and
first-line supervisor or designated
The
•
classification specialist reviewing every
classification decision.
The intake/processing officer reviews W' ~1, J:'~1A,
Afiles, etc., to identify and classify each new arrival.
•
Staff uses only information that is factual, and reliable to
determine classification assignments. Opinions and
unsubstantiated! unconfmned reports may be filed but
are not used to score detainees classifications.
J!<:>usin!! assi!!nments are based on cJ>lssifi"l'Iti()n-If>veL.
detainee's classification-level does not affect hislher
.
opportunities.
Detainees recreate with
persons of similar classification c1p.si!111l'1ti()ns
Detainp.e work assignments are based upon classification
desip-nations.
The classification process includes reassessment/
reclassification. At IGSA's, detainees may request
reassessment 60~ays 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.
(,I,
;f;"'ltion designations may be appealecl 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 annlicahle to each.
~ ACCEPT ABLE
DDEFICIENT
~
No
D
D1<'U4.RKS
NA
D
The facility uses a Primary Security Level
Assignment Form. This document uses objective
risk factors (i.e., current offense, assaultive
behavior, prior record, felony convictions, escape
history, and detainers/warrants) to assess security
levels and to make housin!! assi!!nments.
~
D
D
Detainees are moved from booking to the intake
unit for secondary review and classification. Intake
criteria may necessitate holding a maximum
security or other high risk detainee in an SHU.
~
D
D
p,lthmlgh A-files are not kept at the facility, intake
officers use a wide range of information to make
classification assipnmP.11ts
~
D
D
~
0
0
~
D
D
~
D
D
Detainep.s at this facility are not given formal work
assi
~
D
D
Classifications are reviewed every 30 days at this
facility.
~
D
D
As described in policy, detainees may appeal by
filing a grievance.
~
D
D
~
D
D
Appeals may go the Jail Commander.
D
~
D
Although the classification process is described, an
explanation of the different security levels is not
provided.
D
AT-RISK
D REPEAT FINDING
REMARKS:
The facility uses an objective classification system in compliance with the NDS. An explanation of different security levels is not
_rovided in the Handbook.
~
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FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 7 of73
~~~
CORRESPONDENCE AND OTHER MAlL
• ALL FACILITIES WILL ENSURE THAT DETAINEES SEND AND RECEIVE CORRESPONDENCE IN A TIMELY MANNER, SUBJECT TO
ATIONS 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 DISTRIBUfE ITS GUIDELINES CONCERNING CORRESPONDENCE AND
OTHER MAIL.
(
fUS
The rules for correspondence and other mail are posted in
each housing or common area, or provided to each detainee
via a detainee handbook.
The facility provides key information in languages other than
English; In the language(s) spoken by significant numbers of
detainees. Listany t:lI.l;~ions.
Incoming mail is distributed to detainees within 24 hours or 1
business day after it is received and insnp.r.tp.il
Outgoing mail is delivered to the postal service within one
business day of its entering the internal mail system
(~ydllilinp" weekends and ho1iilllVS).
Staff does not open and inspect incoming general
correspondence and other mail (including packages and
publications) without the detainee present unless documented
and authorized in writing by the Warden or equivalent for
prevailing "",", ...>uy reasons.
Staff does not read incoming general correspondence without
the Warden's~ior written~w1Uvai.
Staff does not inspect incoming special Correspondence for
physical contraband or to verify the "special" status of
enclosures without the detainee present.
C i S prOhlOltea from reading or copying incoming special
lilence.
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.
to a politician or to the media processed as
~~~iai "Ull'A,
;ence and is not read or copied.
The official authorizing the rejection of incoming mail sends
written notice to the sender and the addressee.
The official authorizing :ensorship or rejection of outgoing
mail provides the detainee with signed written notice.
Staff maintains a written record of every item removed from
detainee mail.
The Warden or equivalent monitors staff handling of
discovered contraband and its disposition. Records are
accurate and up to date.
The procedure for safeguarding cash removed from a detainee
protects the detainee from loss of funds and theft. The
amount of cash credited to detainee accounts is accurate.
Icies are documented and investigated. Standard
It: includes issuing a receipt to the detainee.
Original identity documents (e.g., passports, birth certificates)
are immediately removed and forwarded to ICE staff for
nlllcement in A-files.
.
YES
No
NA
~
D
D
Information regarding mail procedures is
included in the Inmate Handbook.
There is a Spanish version of the Inmate
Handbook and many of the postings in the
housin& units arep!ovided in Snanish.
~
D
D
~
D
D
~
D
D
~
D
D
~
D
D
~
D
D
~
D
D
~
D
D
~
D
D
~
D
D
~
D
D
~
D
D
~
D
D
~
D
D
~
D
D
REMARKS
This component specifically applies to an
SPC/CDF. Incoming mail is opened and
inspected as authorized by facility policy.
Special correspondence and legal mail is
opened only in the presence of the
inmate/detainee.
The facility uses a "contraband slip" to
document rejections or the removal of
contraband items from mail.
The removal of items is documented. Some
items are may be stored in the detainees'
personal property until release; however, if
serious contraband is discovered, it is logged
and eventually disposed of in accordance with
policy.
Cash is removed, a receipt is prepared, and the
money is promptly recorded into the detainee's
trust fund account.
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 8 of73
CORRESPONDENCE AND OTHER MAIL
POLICY: ALL FACILITIES WILL ENSURE THAT DETAINEES SEND AND RECEIVE CORRESPONDENCE IN A TIMELY MANNER, SUBJECT TO
REQUIRED FOR THE SAFETY, SECURITY, AND ORDERLY OPERATION OF THE FACILITY. OTHER MAIL WILL BE PERMITTED,
TO THE SAME LIMITATIONS. EACH FACILITY WILL WIDELY DISTRIBUfE ITS GUIDELINES CONCERNING CORRESPONDENCE AND
Staff disposes of prohibited items found in detainee mail in
accordance with the "Control and Disposition of Contraband"
Standard or the similar
in IGSAs.
Every indigent detainee has the opportunity to mail, at
government expense, reasonable correspondence about a legal
matter, in three one ounce letters per week and packages
ICE.
deemed
The facility has a system for detainees to purchase stamps and
for mailing all special correspondence and a minimum of 5
of
week.
The facility provides writing paper, envelopes, and pencils at
no cost to ICE detainees.
D DEFICIENT
~ ACCEPTABLE
~
D
D
~
D
D
Policy addresses the control and disposition of
contraband.
~
D
D
Detainees are automatically given two
stamped envelopes per week; however, if
more stamped envelopes are needed, the
detainee
~
D
D
There are no limitations on the number of mail
items a detainee may send.
~
D
D
D
AT-RISK
D REPEAT FINDING
REMARKS:
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/ 12-10-09
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•
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 9 of73
DETAINEE HANDBOOK
POLICY: EVERY OIC WILL DEVEWP 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.
r.
IENT~
The detainee handbook is written in English and translated into
Spanish, or into the next most-prevalent Language(s).
,tp.n by the facility orientation
~e handbook i~ I;U ••
Video, where one IS jI' ~~d.
All staff members receive a handbook and training regarding
the handbook contents.
The handbook is revised as necessary and there are procedures
in place for immediately communicating any revisions to staff
and detainees.
There an annual review of the handbook by a designated
committee or 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 hannhook states in clear language the basic
detainee responsihilitip.s
The handhook clearly outlines the methods for classification of
-=~ explains each level, and explains the classification
process.
The handbook states when a medical examination will be
conducted.
The handbook describes the facilitv. 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
p1UvcdwCI;, and
personal hygiene practices.
The handbook describe times and procedures for obtaining
disposable razors, and allows that detainees attending court
will be afforded the uppuctunity to shave first.
The handbook describes barber hours and hair cutting
restrictions.
The handbook describes the telephone policy; debit card
procedures; direct and free calls; locations of telephones; policy
when telephone demand is high; and policy and procedures for
lCV phone calls.
I !!_
The h. ,,1J..~ ,1., addresses religious P"=
The handbook states times and procedures for commissary or
vending: machine usage,- where available.
The h;:mnhook np.s~rjhp.s the A.
v~ary~ork p~g.truH,The handbook describes the library location and hours of
•operation, and law libral'Y p1UvcdlUCI; and schedules.
~rlhOO1c describes attorney and regular visitation hours,
andpr
Ires.
The handhook descrihes the facility contrahand policy.
y~
N2
NA
REMARKS
Detainees receive the ICE National Detainee
Handbook, as well as the local facility
inmate handbook. Both handbooks are
available in Snanish and Rmrlish
~
D
D
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D
D
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D
D
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D
D
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D
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D
D
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D
D
D
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D
D
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D
D
D
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D
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D
D
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D
D
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~
D
D
D
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~-
0
0
~
D
D
~
D
D
D
l2$J
Updates to the detainee handbook are posted
on bulletin boards in the housing units.
The local handbook does not explain each
classification level as required by the NDS.
The local handbook does not describe
official count times and procedures.
[]
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 10 of73
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.
visiting hours and
~
0
0
and
~
0
0
~
0
0
~
0
0
~
0
0
~
0
0
dress code for daily
~
0
0
The handbook specifies the rights and responsibilities of all
detainees.
~
0
0
The handbook describes the detainee disciplinary policy and
procedures, including:
• Prohibited acts and severity scale sanctions;
• Time limits in the Disciplinary Process; and
of the
Process.
•
The grievance section of the handbook explains all steps in the
grievance process - Including:
• Informal (if used) and formal grievance procedures;
• The appeals process;
• In CDF facilities: procedures for filing an appeal of a
grievance with ICE.
• Staf:fJdetainee availability to help during the grievance
process.
• Guarantee against staff retaliation for filing/pursuing a
grievance.
How
to file a complaint about officer misconduct with
•
t of Homeland
the
sick call
o DEFICIENT
~ ACCEPT ABLE
OAT-RISK
o REPEAT FINDING
REMARKS:
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•
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 11 of73
*=
FOOD SERVICE
EvERY FACILITY WILL PROVIDE DlITAlNEES IN ITS CARE WITH NUfRITIOUS AND APPETIZING MEALS, PREPARED IN
lr.r.oRnANr.F. WITH THE HIGHEST SANITARY STANDARDS.
~j
IHI
The food service program is under the direct supervision of a
grofessionally trained and certified food service
administrator. Responsibilities of cooks and cook foremen
are in writing. The Food Service Administrator (FSA)
determines the responsibilities of the Food Service Staff.
The Cook Supervisor is on duty on days when the FSA is off
duty and vice versa.
The FSA provides food service employees with training that
specifically addresses detainee-related issues.
•
In ICE Facilities this includes a review of the ICE
"Food 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 ~e a security threat.
Operating procedures include daily searches (shakedowns)
of detainee work areas .
•
;~rSA monitors staff implementation of the facility's
-. 11lltion 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 ~ are accurate and uJ!-.v-date.
The Cook Foreman or equivalent instructs newly assigned
detainee workers in the rules and procedures of the food
· UCptllu
-'
serVIce
•• ~.lL.
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
IOSAs are subject to local and state rules and regulations
I!! detainee pay.
Df't";""",,, are served at least two hot meals every day. No
~ than 14 hours elapse between the last meal served and
first meal ofthe followinl! day.
For cafeteria style operations, a transparent "sneeze guard"
protects both the serving line and salad bar line.
YES
No
NA
~
D
D
~
D
D
D
D
~
~
D
D
~
D
D
~
D
D
D
D
~
No-J·
are assigned to food service.
Only contract staff works in this area.
D
D
~
No detainees are assigned to food service.
Only contract staff works in this area.
D
D
~
No detainees are assigned to food service.
Only contract staff works in this area.
D
D
~
No detainees are assigned to food service.
Only contract staff works in this area.
D
D
~
No detainees are assigned to food service.
Only contract staff works in this area.
D
D
~
No detainees are assigned to food service.
Only contract staff works in this area.
D
D
~
Nj -'
are assigned to food service.
Only contract staff works in this area.
D
D
~
No detainees are assigned to food service.
Only contract staff works in this area.
~
D
D
D
D
~
RFMARKS
ICE detainees are not assigned to the food
service department. All food service functions
are performed by contract food service staff.
All meals are served via a satellite feeding
~v~tp.m rather than cafeteria style.
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 12 of73
FOOD SERVICE
POLICY:
EVERY FACILITY WILL PROVIDE DETAINEES IN ITS CARE WITH NUfRITIOUS AND APPETIZING MEALS, PREPARED IN
SANITARY STANDARDS.
\rrOROANrF. WITH THE HIGHEST
COMrVl'I£l'4 I~
YES
No
NA
The facility has a standard 35-day menu cycle. IGSAs use a
35 day or similar system for rotMinlY meals.
The FSA or facility considers the ethnic diversity of the
facility's detainee population when developing menu cycles
(Provide P'Yl'lmnlp.s),
A registered dietitian poncllld~ a complete nutritional
analysis of every master'"ycle menu nll'lnnp.cl
The FSA has established procedures to ensure that items on
the master-cycle menu are prepared and presented according
to Ul'l'l UYCU recipes.
The Cook Foreman has the authority to change menu items if
necessary.
• If yes, documenting each substitution, along with its
justification
• With copy to FSA
All staff and volunteers know and adhere to written "food
ion"
..:l.
J.ll
l C".
Detainees whose religious beliefs require the adherence to
particular religious dietary laws are referred to the Chaplain
or FSA.
~
0
0
~
0
0
~
0
0
~
0
0
~
0
0
~
0
0
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;
• Hot entrees are offered three times a week;
• The common-fare menus satisfy nutritional
recommended daily allowances (RDAs);
• Staff routinely provide hot water for instant
beverages and foods;
Common-fare meals are served with:
0
• Disposable plates and utensils .
• Reusable plates and utensils .
Staff
use
separate cutting boards, knives, spoons,
•
scoops, etc. to 1'1 Cl'aI C the common-fare diet items.
A supervisor at the command level must approve a
detainee's removal from the Common-Fare ~1V51a111.
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 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.
•
RRMADll:ji;
Examples of meals served are: chili-con
came; burritos; spaghetti, rice; beans; and
chow mien.
0
~
0
Detainee requests for religious diets are not
referred to the Chaplain or Food Service
Director (FSD), but rather to the medical
d"'l'urtment for ul'l'1V/al.
0
~
0
A common-fare menu is not available to
accommodate detainees whose religious
dietary needs cannot be met on the mainline.
0
~
0
There is no common-fare program.
~
0
0
0
~
0
~
0
0
There is no common-fare program.
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 13 of73
FOOD SERVICE
EVERY FACILITY WILL PROVIDE DETAINEES IN ITS CARE WITH NUTRITIOUS AND APPETIZING MEALS, PREPARED IN
WITH THE HIGHEST SANITARY STANDARDS.
RJ<'.MA.RKS:
YES No
NA
COMrul'1J!.I'I."
Satellite-feeding programs follow guidelines for proper
D
D
~
sanitation.
Hot and cold foods are maintained at the prescribed, "safe"
D
D
~
temperature(s) while being served.
POLICY:
~rrORnANrF.
All meals are provided in nutritionally adequate portions.
~
Food is not used to punish or reward detainees based upon
behavior.
The food service staff instructs detainee volunteers on:
• Personal cleanliness and hygiene;
• Sanitary techniques for preparing, storing, and
serving food; and
• The sanitary operation, care, and maintenance of
equinmp.nt
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.
LS?
• Who conducts the in
Equipment is inspected for compliance with health and
safety codes and regulations.
• When was the most recent inspection?
• Which agency conducted the inspection?
of discrepancies are forwarded to the Warden or
designated department head, and corrective action IS
scheduled and comnleted.
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.
Procedures include inspecting all incoming food shipments
for damage, contamination, and pest infestation.
locked when
in
Storage
D DEFICIENT
~ ACCEPT ABLE
D
D
D
D
D
D
~
~
D
D
~
D
D
D
~
D
~
D
D
~
D
D
~
D
D
~
D
D
~
~
D
D
D
D
D AT-RISK
Contract staff performs all food service duties.
There are no detainees assigned to the food
service department.
The Minnesota Department of Health,
Division of Environmental Health conducted
an annual inspection on 11-26-08. As of the
date of our review, an inspection for calendar
year 2009 had not yet been conducted.
D REPEAT FINDING
REMARKS:
The facility provides detainees with nutritious meals, prepared in a sanitary manner while identifying, developing and managing
resources to meet the operational needs of the food service program. There is no common-fare program to accommodate detainees
whose religious dietary needs cannot be met from the master cycle menu. The Jail Commander advises an annual inspection is
scheduled to be conducted before the end 2009.
/ 12-10-09
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AUDITOR'S SIGNATURE / DATE
•
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FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 14 of73
FUNDS AND PERSONAL PROPERTY
IMPLEMENT PROCEDURES TO CONTROL AND SAFEGUARD DETAINEES' PERSONAL PROPERTY.
>RCICEJDU1mS 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.
D 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.
[gJ
D
D
[gJ
D
D
[gJ
D
D
Security patrol staff conducts
audits.
Two officers are present during the processing of detainee funds and
valuables during in-processing to the facility. Both officers verify
funds and valuables.
Staff searches arriving detainees and their personal property for
contraband.
Staff procedures follow written policy for returning forgotten property
to detainees.
are immediately reported to the CDEO or Chief
The facility attempts to notify an out-processed detainee that he/she
left property in the facility:
• By sending written notice to the detainee's last known
address;
• Via certified mail; and
• The notice state that the detainee has 30 days in which to
claim the property, after which it will be considered
abandoned.
The facility disposes of abandoned property in accordance with
written procedures.
• If a CDF/IGSA
the
[gJ
D
D
[gJ
D
D
D
D
D
D
D
D
This component specifically applies
to an Spc. Property left behind by
an ICE detainee is considered
abandoned and immediately
forwarded to the ICE Field Office.
REMARKS:
The facility provides for the cont
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/ 12-10-09
uarding of detainees' personal property in compliance with ICE NDS.
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AUDITOR'S SIGNATURE /
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•
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 15 of73
DETAJNEEGRIEVANCEPROCEDURES
EVERY FACILITY WILL DEVELOP AND fMPLEMENT STANDARD OPERATING PROCEDURES (SOPS) FOR ADDRESSING DETAINEE
ANCES IN TIMELY FASHION. EACH STEP IN THE PROCESS WILL OCCUR WITHIN THE PRESCRIBED TIME FRAME. AMONG OTHER
THINGS, A GRffiVANCE WfLL BE PROCESSED, INVESTIGATED, AND DECIDED (SUBJECT TO APPEAL) IN ACCORDANCE WITH THE SOPS; A
GRffiVANCE COMMITTEE WILL CONVENE AS PROVIDED IN THE SOPS. STANDARD PROCEDURE WILL INCLUDE PROVIDING THE DETAINEE
WITH A WRITTEN RESPONSE TO ANY FORMAL GRffiVANCE, WHICH WILL INCLUDE THE BASIS FOR THE DECISION. THE FACILITY WILL ALSO
ESTABLISH STANDARD PROCEDURES FOR HANDLING EMERGENCY GRIEVANCES. ALL GRIEVANCES WILL RECEIVE SUPERVISORY REVffiW.
REpRISAL AGAINST THE FILER OF A GRIEVANCE WILL NOT BE TOLERATED.
Written procedures provide for the informal resolution of oral
grievances (Not mandatory).
• If yes, the detainee has up to five days within which to make
hislher concern known to a member of the staff
D
Detainees have access to the grievance committee (or equivalent in
IGSA), using formal procedures.
• Detainees may seek help from other detainees or facility
staff when preparing a grievance.
• Illiterate, disabled, or non-English-speaking detainees
assistance when
the staff
how
identify emergency
them.
There are documented or substantiated cases of staff harassing,
disciplining, penalizing, or otherwise retaliating against a detainee
who lodged a complaint:
D DEFICIENT
D
D
D
D
D
D
• If
Procedures include maintaining a Detainee Grievance Log.
• If not, an alternative acceptable record keeping system is
maintained.
• "Nuisance complaints" are identified in the records.
• For quality control purposes, staff document nuisance
received but not filed.
to forward any grievance that includes officer
Staff is
to ICE.
official or in a CDFIIGSA
~ ACCEPTABLE
D
D
AT-RISK
D
D
D
D
Facility policy regarding inmate
grievances does not provide
written procedures for the
informal resolution of oral
There are no documented cases
of substantiated retaliatory
discipline or staff harassment on
file.
D REPEAT FINDING
REMARKS:
The facility has policy in place to address detainee grievances in a timely manner; however, it does not include procedures for the
informal resolution of oral griev
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/ 12-10-09
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•
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 16 of73
.~~~
GROUP LEGAL RIGHTS PRESENTATIONS
• FACILITIES HOUSING ICE DEfAINEES SHALL PERMIT AUTHORIZE PERSONS TO MAKE PRESENTATIONS TO GROUPS OF
AlNEES 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 DEfAINEES ABOUT THE
IMMIGRATION SYSTEM AND THEIR RIGHTS AND OPTIONS WITHIN IT.
[gJCHECK HERE IF No GROUP PRESENTATIONS WERE CONDUCTED WITHIN THE PAST 12 MONTHS. MARK STANDARD AS
ACCEPTABLE OVERALL AND CONTINUE ON WITH NEXT PORTION OF WORKSHEET.
COMII"UI'I~I'II~
The Field Office is responsive to requests by attorneys and accredited
1"'1'1
ltatives for group
ions.
Upon receipt of concurrence by the Field Office Director, the facility
or authorized ICE Field Office ensures timely and proper notification
yes.
to a"Vl11"J" or accredited "'1'"
The facility follows policy and procedure when rejecting or requesting
modifications to objectionable material provided or presented by the
,ve.
attorney or accredited 1"1'1
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 sigrleci up may attend.
Detainees in segregation, unable to attend for security reasons, may
request separate sessions with presenters.
Such requests are
lmented.
11'1"""'1" are adlll1LL"'U when necessary to assist attorneys and other
legal 1"'1'1 '
''''".
Presenters are afforded a minimum of one hour to make the
ion and to conduct a ollestion-i1nrl an~'W"'1 session.
1'1 ,
Starr permits 1'1 """HL"1 "J;() distribll!e ICR-a ...... rmred 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
~ES
~()
~A
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
U
U
U
D
D
D
D
D
D
D
D
D
D
D
D
RRMARKS
nrp.sp.ntMions
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 r~~t
o DEFICIENT
[gI ACCEPT ABLE
D
AT-RISK
D REPEAT FINDING
REMARKS:
Interviews with the ICE DO (Facility Liaison) and Sherburne County Jail (SCJ) staff indicate there were no requests for Group Legal
. g h t s Presentations during the
/ 12-10-09
AUDITOR'S SIGNATURE /
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ICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 17 of73
ISSUANCE AND EXCHANGE OF CLOTHING, BEDDING, AND TOWELS
• ICE REQUIRES THAT ALL FACILITIES HOUSING ICE DETAINEES PROVIDE CLEAN CLOTHING, BEDDING, LINENS AND TOWELS TO
ICE DETAINEE UPON ARRIVAL. FuRTHER, FACILITIES SHALL PROVIDE ICE DETAINEES WITH REGULAR EXCHANGES OF CLOTHING,
AND TOWELS FOR AS WNG AS THEY REMAIN IN DETENTION.
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 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
footwear.
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.
,"",,,alll"''''' assigned to special work areas are clothed in accordance
of the .
Detainees are provided clean clothing, linen and towels.
• Socks and undergarments - exchanged daily.
• Outer garments - twice weekly.
• Sheets - weekly.
• Towels - weekly.
• Pillowcases outer
Volunteer detainee workers are permitted to exchange outer garments
more frequently.
[gI
D DEFICIENT
ACCEPT ABLE
D
D
D
D
D
D
D
D
D
D
Facility policy outlines procedures
for the regular issuance of these
items.
not authorized to work
D
D
D
D
D
D
AT-RISK
D
Detainees are not assigned to the
Food Service
The facility does not have a
voluntary work program and
detainees are not allowed to work on
work crews.
D REPEAT FINDING
REMARKS:
The facility has procedures in place to provide detainees clean clothing, bedding, linens and towels upon arrival. Procedures also
facilitate regular exchanges of these items for as long as the detainee remains in custody.
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I 12-10-09
AUDITOR'S SIGNAT
•
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FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 18 of73
*=
MARRIAGE REQUESTS
ALLDEfAINEE MARRIAGE
n
I.~
WILL RECEIVE CASE-BY-CASE CONSIDERATION FROM ICE MANAGEMENT.
YES
No
NA
Rli'.MADKs\
The Field Office considers detainee marriage requests on a case-bycase basis.
The Field Office Director reviews every marriage request rejected by a
Warden/Ole or IGSA. Reject1UllS are documented.
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, vulifIlll1111g marital intent.
The Warden/Ore r
rl.
a written copy of hislher decision to the
detainee and his/her legal, ~1J1 ~~~11l(lL~ V~.
When permission is denied, the Warden/Ole states the basis for
hislher decision.
The Warden/Ole provides the detainee with a place and time to make
"'e~<:ling all
lents.
D DEFICIENT
~ ACCEPTABLE
D
All marriage requests are
forwarded to the ICE Field
Office. That office initiates and
documents all notifications and
coordinates the wedding
ceremony, which takes place at
the Field Office.
~
D
D
~
D
D
~
D
D
~
D
D
~
D
D
~
D
D
~
D
D
AT-RISK
D REPEAT FINDING
REMARKS:
·~
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/ 12-10-09
AUDITOR'S SIGNATURE
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•
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 19 of73
NON-MEDICAL EMERGENCY ESCORTED TRIPS
nIE IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) MAY PROVIDE DETAINEES WITH STAFF-ESCORTED TRIPS INTO THE
::mIiMUN:ITY 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 TIlE DETAINEE CASE.
The Field Office Director considers and approves, on a case-by-case
basis, trips to an immediate family member's:
• Funeral; or
• Deathbed
, spouse, child,
D
D
D
D
D
D
escorts.
D
D
D
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;
the kind of
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
Escorting officers report unexpected situations to the originating
facility as a matter of procedure, and the ranking supervisor on duty
has the
to issue instructions for
of the
Escorting officers have the discretion to increase or decrease minimum
restraints in accordance with written procedures and classification
of the detainee.
officers are precluded from accepting gifts/gratuities from a
or detainee's relative or friend for
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
test
return.
the immediate return to the facility of any
D DEFICIENT
D ACCEPTABLE
D
AT-RISK
D REPEAT FINDING
REMARKS:
All funeral trips and trips to see a critically-ill relative are handled by ICE personnel.
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/ 12-10-09
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•
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 20 of73
~
RECREATION
POLICY: IT IS ICE POLICY TO PROVIDE ACCESS TO RECREATIONAL PROGRAMS AND ACTIVITIES TO ALL ICE DETAINEES, TO THE EXTENT
.R UNDER CONDITIONS OF SECURITY AND SUPERVISION THAT PROTECT THEIR SAFETY AND WELFARE.
COMPONENTS
has a 1 Cl;lcaUUll pwglalH~d fa£!Uty.
A recreational specialist (for flwilitip.l'l with more than 350 detainees)
activities and vffcll11g~ to the detainee nonlllfition
tailors the
Regular maintenance keeps recreational facilities and equipment in good
condition.
The recreational specialist or trained equivalent supervises detainee
recreation workers.
The recreational sPp.~llllil'lt or trainee p,qujvalent v'".",-"-,,, recreation
pwgrams for special housinl! units (SHU) and l'lnp.~illl-np.p.ik elp.tllinp.p.l'l
Yll,
e.g., board games, cards, tp.lp.v1l'l10n
Dayrooms offer
to Ji~ rl. 'Ant. sports.
Olltl'lide activities are.
Each detainee has the uppu. LUU1L,' to participate in dailY.IO".IOauuu.
Detainees have
",,,.,,dUUll activities outside the housing units
for at least one_hour dai~ 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 ~Onl'ltllnt staff ~UpCl VIMUIL
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
exnJ'
when a pan~lrevokes hislher recreation privileges.
.... V!'.lillll~ or relip:ious
,are available to elp.tllinf>f>l'l
,r
l ~ are required to sign a waiver of liability before entering a
secure portion of the facility where detainees are nresent.
Visitors, l<olauvlO~ or friends are not allowed to serve as volunteers.
, is .Iff". ~d.~h.eckJhis box. Eo IUI ""1"'. mAVI
[ lIf' .... •
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 OlC.
Th~9IC elo~llmp.ntl'l all el,
~sfer ~
IS. 'vQ<:ther yes ~no.
The detainee's written decision for or against an offered transfer
documented in hislher A-file.
Staff notifip.l'l the detainee's legal representative of hislher decision to
ac~vdecline a transfer.
If recreation is available, the ICE Districts routinely review transfer
elil!ibility 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/OlC's
decision.
Th~ facility
_
~ ACCEPTABLE
D DEFICIENT
D
YES
No
NA
~
D
~
D
Q
D
~
D
D
D
D
~
~
D
D
~
D
D
~
D
D
D
~
D
~
D
D
D
D
REMARKS
There are five Recreation
lmers.
n
r
The recreation program does not
utilize detainee workers.
Z
~
~
Z
~
~
Outdoor recreation is not
available at this facility.
IZJ
~
IZJ
lw~
is ~
~
D
D
~
D
~
lJ
~
D
D
Q
D
~
D
D
~
D
D
~
D
D
~
D
D
AT-RISK
..
..
-"_~~~ ~ ~=~
D REPEAT FINDING
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 21 of73
is offered.
REMARKS:
The facility does not have an outdoor recreation area. Detainees held in excess of six months are considered for transfer in a timely
.anner.
b6,b7c
/ 12-10-09
b6,b7c
AUDITOR'S SIGNAT
b6,b7c
•
•
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 22 of73
RELIGIOUS PRACTICES
FACILITIES WILL PROVIDE ICE DETAINEES OF ALL FAITHS WITH REASONABLE AND EQUITABLE OPPORTUNITIES TO P ARTICIPATE
THE PRACTICES OF THEIR FAITH, LIMITED ONLY BY THE CONSTRAINTS OF SAFETY, SECURITY, THE ORDERLY OPERATIONS OF THE
FACILITY AND BUDGETARY CONSIDERATIONS.
The facility allows detainees to observe the major "holy days" of their
religious faith.
• List
The facility accommodates recognized holy-day observances by:
• Providing special meals, consistent with dietary restrictions;
• Honoring fasting requirements;
• Facilitating religious services; and
•
restrictions.
Each
is allowed religious items in hislher immediate
credentials are checked and verified before allowing
in detainee nrl1,or~'1TI"
Members of faiths not represented by clergy may conduct their own
services within
allowances.
Detainees in the Special Management Unit are allowed to participate
in religious practices unless otherwise documented for the safety and
Qp."'"1"'.'~" of the
D DEFICIENT
~ ACCEPTABLE
D
~
~
~
AT-RISK
D
D
D
D
D
D
D
D
D
D
D
D
texts.
D REPEAT FINDING
.MARKS:
Detainees of different religious beliefs are provided reasonable and equitable opportunities to participate in the practices of their
respective faiths.
b6,b7c
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/ 12-10-09
b6,b7c
•
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 23 of73
~
DETAINEE TELEPHONE ACCESS
ALL FACILITIES HOUSING ICE DEfAINEES WILL PERMIT DEfAINEES' REASONABLE AND EQUITABLE ACCESS TO TELEPHONES.
o
IENT~
YES
No
NA
RF.M,lD1l"~
Detainees
allowed access to telephones during established
~
D D Phones are available throughout the day.
facility waking hours.
Upon admittance, np.tJ'linp.p..<: are made aware of the facility's
D D
~
telenhone accesspolicy-,
[:g]
[]
[]
Access rules are posted ill hom:ina units.
Phone access rules are posted in all units.
The facility makes a reasonable effort to provide key
information to detainees in languages spoken by any significant
~
D D
portion of the facility's nonlllMion
There are two units that primarily house
Telephones are provided at a minimum ratio of one telephone
ICE detainees. One unit has 8 phones per
~
D D the 98-bed unit, and the other has 12
per 25 detainees in the facility population.
phones per the 116-bed unit.
All phones were in working order with one
Telephones are inspected regularly by facility staff to ensure
exception. An out of order notice was
~
D D posted and a work order had been
that they are in good working order.
submitted for repair.
The facility administration promptly reports out-of-order
D D
~
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.
~
D
D
DetJ'linees are afforded a reasonable degree of privacy for legal
phone calls.
~
D
D
• • procedure exists to assist a detainee who is having trouble
• lacing a confidential call.
~
D
D
The facility provides the detainees with the ability to make noncollect (special access) calls.
~
D
D
Special Access calls are at no charge to the cietJ'lmees
~
LJ
LJ
The OIG phone number for reporting abuse is programmed into
the detainee phone system and the phone number was checked
by the inspector during the review.
~
D
D
~
D
D
~
D
D
~
D
D
This arrangement would be approved and
coordinated by ICE.
Any telephone restrictions are documented.
~
D
D
The facility has a system for taking and delivering emergency
detainee telephone messages.
~
D
D
Restrictions would be documented through
the ciiscinlinary nrocess
In most cases, the caller would be allowed
to speak directly with the affected
inmate/detainee.
~
D
D
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.
No restrictions are placed on detainees attempting to contact
attorneys and legal service providers who are on the approved
"Free Legal Services List".
Special arrangements are made to allow detainees to speak by
telephone with an immediate family member detained in another
Facility.
~p.s
J
phone call messages are immediately given to
Phones
spaced apart and located in
s.:mi-1'11 VUlt; areas of the units.
A detainee may submit an IRGF or speak
directly with staff for assistance with a
confidential call.
Policy authorizes these types of calls.
The OIG hotline number is posted in the
units and is available at the Officers'
station. The inspector checked the hotline
number and was connected to a live person
at OIG.
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 24 of73
DETAINEE TELEPHONE ACCESS
are allowed to return emergency phone calls as soon
disciplinary segregation are allowed phone calls to
officials.
segregation are allowed phone calls for
detainee phone calls are monitored, notification is posted
by detainee telephones that phone calls made by the detainees
be monitored.
. Access calls are not monitored.
o DEFICIENT
~ ACCEPTABLE
~
0
o
~
0
o
~
0
~
0
~
0
o
o
o
o o
OAT-RISK
Policy indicates inmates/detainees held in
disciplinary segregation will receive access
to phones three days per week for one hour
each
Phone monitoring notifications are posted
in each unit.
o
REPEAT FINDING
REMARKS:
The facility has an ample number of phones available throughout the day. Detainees were interviewed regarding use of the phones
and there were no concerns identified.
•
b6,b7c
/ 12-10-09
b6,b7c
UDITOR'S SIGN
b6,b7c
•
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 25 of73
~
VISITATION
ICE SHALL PERMIT DEfAINEES TO VISIT WITH FAMILY, FRIENDS, LEGAL REPRESENTATIVES, SPECIAL INTEREST GROUPS, AND
: NEWS MEDIA.
nI~
There is a written visitation schedule and hours for general
visitation.
The visitation hours tailored to the detainee population and the
demand for visitation.
YES
No
NA
~
0
0
~
0
0
The visitation schedule and rules are available to the public.
~
0
0
The hours for all categories of visitation are posted in the
visitation waiting area.
~
0
0
A written copy of the rules regulating visitation and the hours
of visitation is available to visitors.
~
0
0
A general visitation log is maintained.
~
0
0
The detainees are permitted to retain personal property items
specified in the standard.
~
A visitor dress code is available to the public.
~
0
0
0
0
REMARKS
The visitation schedule and rules are posted
in the front lobby. A handout, with
visitation hours and other pertinent
information is also provided.
The facility uses an automated visitation
program to document approved visitors and
times of visits. There is also a written log
which is submitted by each inmate/detainee
with ill-'l-'l uycd visitor information.
The requirement on visitation by minors is complied with.
~
0
0
The facility has a clean, modern Visitation
Center adjacent to the jail. Visitors are
identified and allowed to access the video
visitation stations.
Minors may visit with an approved adult.
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.
0
0
~
Minors may visit with an approved adult.
After that time, on request, ICE considers a transfer, when
possible, to a facility that will allow minor visitation. At a
monthly visits are allowed.
0
0
~
Minors may visit with an approved adult.
Detainees in special housing are afforded visitation.
~
0
0
Detainees in disciplinary ""!;;I"!;;ilL1U11 may
have restrictions on general vi~itation
Legal visitation is available seven (7) days a week, including
holidays.
~
0
0
On regular business days legal visitation hours are provide for
a minimum of eight (8) hours per day, and a minimum of four
hours per day on weekends and holidays.
~
0
0
On regular business days, detainees are given the option of
continuing a meeting with a legal representative through a
scheduled meal.
~
0
0
~
0
0
~
0
0
~
0
0
Private non-contact rooms are available in
the visitation center.
0
The facility requires both an American Bar
Association (ABA) identification and
driver's license.
Visitors are searched and identified according to standard
f C,,:! LUI "111"11"".
~
0
0
Private consultation rooms are available for attorney meetings.
There is a mechanism for the detainee and hislher
1 "PI "''''''11LaU·re to eXChanile documents.
.1_ lCI! governing nf'tainf'f'
There are written
When strip searches are required after every contact VIsit with a
representative, the facility provides an option for nonLLilUves.
visits with legal
_1_
Prior to each visit, legal service providers and assistants are
identified per the standard.
~
0
Legal visitors must call ahead if wanting to
make arrangements during late evening
hours or holiday periods.
Private consultation rooms are provided in
the booking department.
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 26 of73
VISITATION
POLICY: ICE SHALL PERMIT DETAINEES TO VISIT WITH FAMILY, FRIENDS, LEGAL REPRESENTATIVES, SPECIAL INTEREST GROUPS, AND
NEWS MEDIA.
current list of pro bono legal organizations is posted in the
detainee housing areas and other appropriate areas.
~
0
0
The decision to pennit or deny a tour is not delegated below
the level ofField Office Director.
~
0
0
Provisions for NGO visitation, as stated in the Detention
Standards, are complied with.
~
0
0
Law enforcement officials who request to visit with a detainee
are referred to the ICE Field Office for approval.
~
0
0
Former detainees or aliens in proceedings, requesting to visit
with a detainee, are referred to the orc or rCE Field Office.
~
0
0
Procedures are in place, consistent with the detention standard,
for examinations by independent medical service providers and
experts.
~
0
0
o
~ ACCEPT ABLE
DEFICIENT
OAT-RISK
o
REPEAT FINDING
REMARKS:
b6,b7c
b6,b7c
/ 12-10-09
b6,b7c
•
•
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 27 of73
tk
~~
VOLUNTARY WORK PROGRAM
IN EVERY FACILITY OFFERING A VOLUNTARY WORK PROGRAM, ICE DETAINEES WILL HAVE THE OPPORTUNITY TO WORK AND
MONEY BY PARTICIPATING. WHILE NOT LEGALLY REQUIRED, ICE AFFORDS DETAINEE WORKERS BASIC OCCUPATIONAL SAFETY
AND HEALTH ADMINISTRATION (OSHA) PROTECTIONS.
[g\ CHECK HERE IF ICE DETAINEES ARE NOT AUTHORIZED TO WORK AT THE IGSA FACILITY. MARK NA ON FORM G-324A, PAGE
3 AND MOVE TO NEXT SECTION.
COMPUl'lJ!,l'IHI
YES
No
NA
Does the facility have a voluntary work program?
D
D
D
•
Do ICE detainees ~L1~l(J(llC?
Detainees have the opportunity to participate in special details,
however are never allowed to work outside the secure
Written procedures govern selection of detainees for the Voluntary
Work ~1U15laH1.
Where possible, physically and mentally challenged detainees
particip~ in the 1-'1 U151<Ull
The facility complies with work-hour requirements for detainees, not
exceeding:
•
Eight hours a day and Forty hours a week.
P
volunteers generallv work av..,urding to fixed schedule
If -'
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
The voluntary work program meets:
•
OSHA, NFPA-,- ACA standards
rP.rli~1l1 staff screen and formally certify detainee food service
volunteers.
•
Before the assignment begins; and
•
As a matter of written procedll!"~e
Detainees receive safety equipment! training sufficient for the
lent.
Proper procedure is followed when an ICE detainee is injured on the
job.
D ACCEPT ABLE
DDEFICIENT
[]
[J
[J
D
D
D
D
D
D
D
D
D
D
D
D
u
[J
D
D
[J
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D AT-RISK
D REPEAT FINDING
REMARKS:
b6,b7c
12-10-09
AUDITOR'S SIGNATURE / DATE
b6,b7c
b6,b7c
•
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 28 of73
•
SECTION II
HEALTH SERVICES STANDARDS
•
•
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 29 of73
.::~
HUNGER STRIKES
ALL FACILITIES WILL FOLLOW STANDARD GUIDELINES FOR THE MEDICAL AND ADMINISTRATIVE MANAGEMENT OF ICE
. 'Al:NEFS ENGAGING IN HUNGER STRIKES. By MONITORING OF THE HEALTH AND WELFARE OF THE INDIVIDUAL DETAINEES, FACILITIES
WILL STRIVE TO SUSTAIN THEIR LIVES.
COMPONENTS
YES
When a detainee has refused food for 72 hours, it is standard practice
for staff to refer him/her to the medical department.
No
NA
~
0
0
~
0
0
~
0
0
CDFs and IaSAs immediately report a hunger strike to the ICE.
The facility has established procedures to ensure staff respond
immediately to a hunger strike.
Policy and procedure require that staff isolate a hunger-striking
detainee from other detainees.
• If yes, in an observation room?
REMARKS
COs are trained to notify medical
after four missed meals. Medical
states COs notify medical sooner and
places the striker on a food watch.
This is addressed in policy.
Additionally, medical would notify
ICE.
Policy meets the requirements.
The striker would be moved to
booking or SMU for observation.
Booking is the preferred housing
location.
Medical staff is authorized to move
the detainee into booking or SMD.
There is no infirmary in the facility.
If the strike continues and the patient
decompensates, the patient would be
transferred to a community medical
facility.
Medical uses a Form 1-839 for
inmates/detainees in the facility.
They also document jJiUl;;lCIIII notes.
The facility is compliant with
consent and refusal forms and policy
addresses this.
A form is provided to all inmates
demonstrating the progressive
decompensation for a hunger striker.
The facility obtains a refusal if the
inmate intent to strike continues.
Three meals and snacks are offered
daily and documented as consumed
or not.
Although water is shut off in the cell,
the striker is offered fluids
throughout their stay. Offers of fluid
and consequent consumption!
re1eCt or are documented.
All food is removed from the cell
and meals are brought into the cell
and left. If after a reasonable time
they are not consumed, the meal is
removed and the refusal to eat
documented.
~
0
0
~
0
0
Medical staff records the weight and vital signs of a hunger-striking
detainee at least once every 24 hours.
~
0
0
orc of the facility obtains a hunger striker's consent before
medical treatment.
~
0
0
~
0
0
~
0
0
~
0
0
~
0
0
~
0
0
Form 1-839 is used in this facility.
~
0
0
Policy for Hunger Strike by Inmates
is available to staff.
Medical personnel are authorized to place a detainee in the Special
Management Unit or a locked hospital room.
A signed Refusal of Treatment form is required of every detainee who
rejects medical evaluation or treatment.
During a hunger strike, staff document and provide the hunger-striking
detainee three meals a day.
Staff maintains the hunger striker's supply of drinking
beverages.
'~Qr/other
During a hunger strike, staff removes all food items from the hunger
striker's living area.
Staff is directed to record the hunger striker's fluid intake and food
consumption; Does staff always use Hunger Strike Monitoring Form 1839 or similar IaSA form.
~medical staff has written procedures for treating hunger strikers.
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 30 of73
HUNGER STRIKES
POLICY:
ALL FACILITIES WILL FOLWW STANDARD GUIDELINES FOR THE MEDICAL AND ADMINISTRATIVE MANAGEMENT OF ICE
ENGAGING IN HUNGER STRIKES.
TO SUSTAIN THEIR LIVES.
By MONITORING OF THE HEALTH AND WELFARE OF THE INDIVIDUAL DETAINEES, FACILITIES
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.
[gI
o
ACCEPTABLE
DEFICIENT
o
o
o
o
OAT-RISK
Appropriate documentation occurs.
Staff sits with the striker and
addresses the progressive
decompensation of a hunger striker
and
.
a handout.
COs receive training during their
initial orientation and the site
medical director provides clinical
.
to staff.
o REPEAT FINDING
REMARKS:
There has been no hunger strike by an ICE detainee in the past 12-months. The medical staff has encountered hunger strikes with
county and U.S. Marshal inmates in the past and has had good experience in handling these medical issues. They will not allow an
inmate to seriously decompensate as a result of a hunger strike. The inmate would be moved to a community hospital for appropriate
care prior to decompens
b6,b7c
/ 12-1 0-09
b6,b7c
AUDITOR'S SIGNATURE /
L- (
~I)l
b6,b7c
•
•
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 31 of73
•
•
•
ACCESS TO MEDICAL CARE
POLICY: EVERY FACILITY WILL ESTABLISH AND MAINTAIN AN ACCREDITED/ACCREDITATION-WORTHY HEALTH PROGRAM FOR
THE GENERAL WELL-BEING OF ICE DEl'AINEES.
COMPONENTS
YES No
NA
REMARKS
Facilities operate a health care facility in compliance with
Minnesota DOC reviews the facility
[gJ
state and local laws and guidelines.
0
0 annually. The facility is not NCCHC,
ACA or JCAHO accredited.
The facility's in-processing procedures for arriving detainees
A detailed medical screening is
[gJ
include medical screening.
completed
by custody staff in
0
0
accordance with policy.
All detainees have access to and receive medical care.
Newly-received inmates/detainees learn
how to access medical care through:
verbal communication during the initial
screening; orientation when ftrst
assigned to housing; and the inmate
handbook. The sick call process
[gJ
0
0 ensures all detainees have access to
medical care, and they are exempt from
the facility's $5 co-pay for sick call
visits. When asked, housing COs
validated a comfort level
communicating with medical staff on
speciftc medical concerns.
The facility has access to a PHS/DIHS Managed Health Care
Staff conftrms access to PHS/DIHS.
Coordinator.
Business cards and phone numbers
[gJ
0
0 were observed. Treatment
Administration Records (TARs) were
observed in detainee medical records.
The medical staff is large enough to provide, examine, and
Only daytime and evening nursing
treat the facility's detainee population.
coverage is provided; there is no
overnight nursing coverage. Two
registered nurses (RNs) are provided on
days, and two during the evenings,
Monday through Friday. A
combination of two licensed practical
nurses (LPNs) and one certifted
medical assistant (CMA) support the
RN staff on each day/evening shift.
This same combination of three staff
(occasionally one LPN and two CMAs)
[gJ
0
0 also provide weekend coverage on the
day and evening shifts. The medical
doctor (MD) is independently
contracted and provides: on-side
coverage of approximately 5-7 hours
every Monday, Wednesday and Friday;
and on-call coverage 2417. The dentist
provides one on-site shift about every 3
weeks. A psychologist is contracted
from Central Minnesota Mental Health
to provide psychological health
consultation on an as-needed basis.
The facility has sufficient space and equipment to afford
Medical has two exam rooms and one
detainee privacy when receiving health care.
procedure room. Dental has one
operatoryand one x-ray room. There is
[gJ
0
0 sufficient office space for staff and
secured areas for medical records and
medications.
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 32 of73
ACCESS TO MEDICAL CARE
•
•
EVERY FACILITY WILL ESTABLISH AND MAINTAIN AN ACCREDITED/ACCREDITATION-WORTHY HEALTH PROGRAM FOR
THE GENERAL WELL-BEING OF ICE DETAINEES.
The medical facility has its own restricted-access area. The
Medical is located within the secure
restricted access area is located within the confines of the
D D perimeter adjacent to central control.
~
secure perimeter.
The medical facility entrance includes a holding/waiting
D D There is a holding area.
~
room.
The medical facility's holding/waiting room is under the
Waiting detainees are always within
direct supervision of custodial staff.
direct observation of central control.
Because medical schedules specific
appointment times, smaller numbers of
inmates are present in medical at one
D D time. As a result, there is not a security
~
escort or officer posted at medical
unless a higher risk patient is to be
seen. Panic buttons are readily
available in each exam area.
Detainees in the holding/waiting room have access to a
There is a bathroom with a wash basin
drinking fountain.
adjacent to the holding area. Medical
D D will provide paper drinking cups to any
~
inmate requesting one.
Medical records are kept apart from other files. They are:
Medical records are secured in a
• Secured in a locked area within the medical unit;
medical
area separate from other
With
physical
access
restricted
to
authorized
medical
•
D D records. Only authorized medical staff
~
staff; and
has access to the records.
• Procedurally, no copies made and placed in detainee
files.
Pharmaceuticals are stored in a secure area.
IZI [J [ ] The pharmacy room is secured.
Medical screening includes a Tuberculosis (TB) test.
At a minimum of 8+ times per day, the
nursing staff goes to intake booking to
• Every arriving detainee receives a TB test during the
admission process;
plant PPD's on newly-received inmates/
• Detainee's TB-screening does not occur more than ~ D D detainees. This happens prior to their
being moved from booking to general
one business day after hislher arrival at the facility;
population (GP) housing. Actual
and
practice demonstrates inmates receive
• Detainees not screened are housed separate from the
their TB test within hours of admission.
general population.
All detainees receive a mental-health screening upon arrival.
A thorough mental health examination
It is conducted:
is completed immediately upon arrival
• By a health care provider or specially trained officer; ~ D D to the facility. Trained booking
and
officers conduct the screening prior to
detainee movement into GP.
Before
a
detainee's
assignment
to
a
housing
unit.
•
The facility health care provider promptly reviews all 1-794s
This occurs throughout the day. A
(or equivalent) to identify detainees needing medical
review of 45 ICE booking summaries
attention.
confirmed 100% compliance with
D D medical review of the initial
~
medical/mental health screening. This
occurs within hours of admission.
POLICY:
•
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 33 of73
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.
t------=---------,--,:~__r__::_::_:__r-~----t
COMPONENTS
YES
No
NA
The health care provider physically examines/assesses
arriving detainees within 14 days of admission/arrival at the
facility.
D
D
Detainees in the Special Management Unit have access to
health care services.
•
D
D
D
D
D
D
D
D
D
D
D
Staff provides detainees with health services (sick call)
request slips daily, upon request.
• Request slips are available in languages other than
English, including every language spoken by a
sizeable number of the facility's detainee population.
• Service-request slips are delivered in a timely
fashion to the health care provider.
The facility has a written plan for the delivery of 24-hour
emergency health care when no medical personnel are on duty
at the facility, or when immediate outside medical attention is
required.
The plan includes an on-call provider.
The plan includes a list of telephone numbers for local
ambulance and hospital services.
•
D
The plan includes procedures for facility staff to utilize this
emergency health care consistent with security and safety.
REMARKS
This inspector recognizes the corrective
action taken as a result of the last audit
to ensure ICE detainees are monitored
and tracked for physicals within 14days of arrival. However, although the
tracking system is compliant, the SCJ
Health Inventory (used for the 14-day
health appraisal and physical) does not
encompass necessary components of a
recognized physical examination per
NCCHC or JCAHO, as required by the
NDS. Therefore, additional corrective
action is necessary.
During the medication pass, nurses go
cell-to-cell in SMU inquiring about
medical needs and collecting sick call
requests.
Sick call requests are available in the
housing units or from the med cart
nurse. Sick call slips, available in
English and Spanish, are picked up by
the nurses Monday through Friday only
during the 8 AM medication pass
(NOTE: As a slight discrepancy, the
inmate handbook indicates the medical
request slips are picked up on the 2:30
PM pass). Officer interviews
confirmed accessibility to medical staff
in the event detainees develop
problems requiring evaluation outside
the Mon-Fri sick call request pick-up
schedule. Once brought to medical,
detainees with sick call slips are triaged
within 1-2 hours by an RN; follow-up
sick call appointments are scheduled
with the MD and the detainee is seen
appropriately.
Policies, entitled Emergency Medical
Treatment and Safety and Emergency
Procedures, address emergency care
when medical staff is not on duty,
particularly the night shift
The medical director is on-call 2417 and
his number is posted.
Central control, as well as intake and
floor sergeants, have access to
ambulance and hospital telephone
numbers.
This requirement is addressed by the
above policies, as well as Policy
#9.0200, entitled Emergency
Evacuation.
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 34 of73
•
•
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.
REMARKS
COMPONENTS
YES
No NA
Staff is trained to respond within 4Detention staff is trained to respond to health-related
minutes. The training officer has
emergencies within a 4-minute response time.
[gJ
conducted time studies for first
D
D
responders, which has shown response
to be within 28 seconds.
Although medications are generally
Where staff is used to distribute medication, a health care
distributed by nursing staff,
provider properly trains these officers.
occasionally COs must distribute
medication. All officers are trained
annually by an RN in medication
delivery and proper documentation of
[gJ
D
D
the medication administration record
(MAR). All officers completing annual
training must pass medication to at
least one housing area per year. A
detailed curriculum of this training was
reviewed.
MARs are properly used in the facility
The medical unit keeps written records of medication that is
[gJ
D
D
to document medication distributed.
distributed.
Communication is mostly verbal with
The Form 1-819 (or IGSA equivalent) is used to notify the
classification. There is a 'tracking
WardenlFacility of a detainee that has special medical needs.
[gJ
sheet' that accompanies inmates and is
D
D
accessible and used by both medical
and custody staff.
As validated in a records review,
A signed and dated consent form is obtained from a detainee
facility staff obtains a generic consent
before medical treatment is administered.
from all inmates as part of the
admissions process. The facility
[gJ
indicates it uses a consent form for
D
D
invasive procedures. Most consent
forms observed in the record (besides
the general consent) were for dental
procedures.
The facility uses its own release of
Detainees use the 1-813 (or IGSA equivalent) to authorize the
[gJ
D
D
information form.
release of confidential medical records to outside sources.
Per medical, they receive a faxed
The facility health care provider is given advance notice prior
transfer list from the Bloomington
to the release, transfer, or removal of a detainee.
[gJ
D
D
headquarters. The list progressively
grows throughout the day.
Form 553 is completed and copies of
Detainee's medical records or a copy thereof, are available
[gJ
medical
records are only made as
and transferred with the detainee.
D
D
clinically appropriate.
Medical records are placed in a sealed envelope or other
Per the medical staff, sealed envelopes
[gJ
container labeled with the detainee's name and A-number and
D
D
are used for the 553 form and meds.
marked "MEDICAL CONFIDENTIAL".
[gJ ACCEPT ABLE
DDEFICIENT
D AT-RISK
D REPEAT FINDING
•
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 35 of73
Remarks:
_
The 14-day physical issue was addressed by the Head of DIHS and her clarification is quite clear. Fourteen-day physicals are to
clude a hands-on evaluation of the detainee. A physical involves the inspection, palpation, auscultation and percussion of a patient's
ody to determine the presence or absence of physical signs of disease. The SCJ Health Inventory currently used for the 14-day health
appraisal does not meet these requirements. According to medical, this form was condensed to its current one-page format in early
2009. The previous form was reviewed and did contain the significant components of a physical examination and would have been
acceptable if in place.
The initial medical and mental health screening is comprehensive. The officers obtain detailed information and complete additional
screenings should certain chronic conditions be identified. This is very rare in facilities that do not have medical staff stationed in
booking. Booking staff interviewed were knowledgeable about medical issues and procedures to ensure access to care.
The medical staff is thorough and attentive to detail. A records review found no discrepancies with the charting and follow-up care.
Although medical records are available, the department uses eMD (a computerized program) to document encounters and spend most
of their time on eMD. Medical staff utilizes three main functionalities of eMD:
• Charts - for encounter documentation. Staff can also pull up medications, allergies and notes, which are helpful in
completing the Form 553 for transfers.
• Task Master - allows providers to write medication orders. They are printable for staff to transcribe; and
•
Schedule - allows for appointments and follow-ups to be scheduled and printed out for inmate movement to medical.
Medical also has a program called TB Tracker, which records all information on TB testing: PPD plant dates and read dates; PPD
results; and chest x-ray information, when appropriate. This also provides staff with quick TB testing information when completing
the 553's for detainee transfer.
This medical department demonstrates a very strong commitment to life-safety issues.
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/ 12-10-09
.AUDITOR'S SIGNATU
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•
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 36 of73
SUICIDE PREVENTION AND INTERVENTION
ALL DEfENTION STAFF WORKING WITH ICE DEfAlNEES WILL BE TRAINED TO RECOGNIZE SUICIDE-RISK INDICATORS. STAFF
HANDLE POTENTIALLY SUICIDAL INDIVIDUALS WITH SENSITMTY, SUPERVISION, AND REFERRALS. A CLINICALLY SUICIDAL
WILL RECEIVE PREVENTIVE SUPERVISION AND TREATMENT.
Training prepares staff to:
• Recognize potentially suicidal behavior;
• Refer potentially suicidal detainees, following facility
procedures; and
• Understand and
A health-care provider or specially trained officer screens all detainees
for suicide potential as part of the admission process.
•
Screening does not occur later than one working day after the
detainee's arrival.
o o
o o
Written procedures cover when and how to refer at-risk detainees to
medical staff and procedures are followed.
o o
The facility has a designated isolation room for evaluation and
treatment.
o o
U"'>l~.'l<","U
isolation room does not contain any structures or
items that could be used in a suicide attempt.
o o
Medical staff has approved the room for this purpose.
o
Staff observes and documents the status of a suicide-watch detainee at
least once every 15 minutes.
rgj ACCEPT ABLE
•
o DEFICIENT
o
OAT-RISK
Training curriculum was reviewed
with the training officer and all
requirements of this component are
addressed.
An appropriate mental health
screening is conducted by the
booking officers. Medical staff
reviews all initial mental health
assessments.
Policy for Suicide Prevention and
Intervention addresses the
Two rooms (BH5 and BH6) in
booking are designated as suicide
cells. In addition to COs performing
15-minute checks, these cells also
have cameras which display on the
s monitor.
The cells are secure; however, each
cell has a sprinkler head. This would
not present a problem initially when
detainees would have only suicide
smocks and blankets; however, the
facility adheres to a progressive
program where clothing and personal
items are restored to the patient as
they improve. Once the smocks are
replaced with clothing and personal
items, an item could be placed upon
the sprinkler head; however, it would
likely break away. The cells could
not be entered as both were
occupied. The facility reports the
State Fire Marshall ordered
o
o
Custody staff document 15-minute
checks on PC Enforcer, the
computerized management system.
They record the time of the checks,
as well as the inmate
o
REPEAT FINDING
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 37 of73
REMARKS:
e
The facility is in compliance with this standard. Interviews with correctional officers in admissions confirm their awareness of .
Uicidal behavior and procedures to follow if suicidal ideology is suspected. There have not been any suicides at the facility. There is
oncern raised about sprinkler heads in the suicide designated rooms once a detainee earns back clothing and personal items. State
law has directed the facility to comply with their requirements.
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/ 12-10-09
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AUDITOR'S SIGNATURE/
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•
•
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 38 of73
~=
TERMINAL ILLNESS, ADVANCED DIRECTIVES, AND DEATH
ALL FACILITIES HOUSING ICE DETAINEES SHALL HAVE POLICIES AND PROCEDURES ADDRESSING THE ISSUES OF TERMINAL
·
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.
RRMARK~
COMrVl''II!,l'l.;'
YES
No
NA
Detainees who are chronically or tenninally 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 J'lnnoint another to make advance decisions for him or her.
The guidelines provide the detainee the opportunity to have a private attorney
.1-""'.1-""'" the documents.
There is a policy addressing "Do Not Resuscitate Orders"
~
D
D
Detainees who are
tenninally ill would not be
accepted into the facility. If
identified here, they would
be transferred out.
~
D
D
The facility would defer this
responsibility to ICE, as
addressed in facility policy.
~
D
D
~
D
D
~
D
D
D
D
~
D
D
~
~
D
D
~
D
D
~
D
D
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
ItiVP.
is made through the local ICE '''1-''
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 r.on~111M"~ when a detainee dies while in Service.
The facility has a policy and procedure to address the death of a detainee while
in transport.
f~ all ICE locations the detainee's remains disposed of ;n accordance with the
IS detailed in this standard.
D
D
~
Policy addresses the
requirement; however,
seriously-ill detainees
would be transferred out
from the facility.
Policy specifically
addresses this requirement.
Policy addresses the
requirement; however,
detainees with serious
illnesses would be
transferred from the facility.
Medical staff indicates if
they became aware of a do
not resuscitate (DNR) order,
efforts to sustain life would
continue and the detainee
would be transported to the
nearest medical facility for
care as addressed in policy.
An ICE detainee with a
DNR order would not be
housed here.
Any such detainees would
not be housed in the facility.
Policy addresses the
requirement. A form is also
provided.
Policy directs the facility to
nc&fyICE.
Policy addresses emergency
ua.u"l-'v1L~
The Sherburne County Jail
(SCJ) is an IGSA, and the
ICE FOD would take the
lead.
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 39 of73
TERMINAL ILLNESS, ADVANCED DIRECTIVES, AND DEATH
POLICY ALL FACILITIES HOUSING ICE DETAINEES SHALL HAVE POLICIES AND PROCEDURES ADDRESSING THE ISSUES OF TERMINAL
"JNFSS OR INJURY, MEDICAL ADVANCED DIRECTIVES, AND DETAINEE DEATH, TO INCLUDE THE PROCEDURES TO ENSURE PROPER
1111:';
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 TmS BOX IF THE FACILITY DOES NOT ACCEPT ICE DETAINEES WHO ARE SEVERELY OR TERMINALLY ILL. INDICATE NA
IN THE APPROPRIATE BOX FOR TmS PORTION OF THE WORKSHEET. ALWAYS COMPLETE ALL REFERENCES TO DETAINEE DEATH
AND RELATED NOTIFICATIONS.
REMARKS
YES
No
NA
<::OMPu1'lEl'fl~
In the event that neither family nor consulate claims the remains, the Field
Office schedules an indigent's burial, consistent with local procedures.
The ICE FOD would take
• If the detainee's is a U.S. military veteran, is the Department of ~ D D the lead.
Veterans Affairs notified?
An original or certified copy of a detainee's death certificate is placed in the
The ICE FOD would take
~
D D the lead.
subject's a-file.
The facility follows established policy and procedures describing when to
contact the local coroner regarding such issues as:
The ICE FOD would take
• Performance of an autopsy;
~
D D the lead.
• Who will perform the autopsy;
• Obtaining state approved death certificates; and
• Local transponal~VU of the body.
ICE staff follows established procedures to properly close the case of a
The ICE FOD would take
deceased detainee.
~
D D the lead.
D DEFICIENT
~ ACCEPT ABLE
r
MARKS
D
AT-RISK
D REPEAT FINDING
:
There have been no detainee deaths at this facility. While the standard is mostly not applicable since the facility does not accept a
seriously or terminally-ill detainee, if one were to become seriously ill the SCJ would defer to ICE authorities. The ICE Field Office
would take charge of deaths.
/ 12-10-09
b6,b7c
AUDITOR'S SIGNATURE
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•
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 40 of73
•
SECTION III
SECURITY AND CONTROL STANDARDS
•
•
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 41 of73
CONTRABAND
ALL DETENTION FACILITIES WILL ENSURE THE PROPER HANDLING AND DISPOSAL OF ALL CONTRABAND. DOCUMENTATION OF
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.
D
D
is government property is retained as evidence for
action or criminal
Staff returns property not needed as evidence to the proper authority.
Written procedures cover the return of such property.
D
D
D
D
Altered property is destroyed following documentation and using
established
Before
religious items, the OIC or designated investigator
contacts a religious authority.
D
D
D
D
SCI policy, entitled Contraband,
addresses all issues related to
the discovery and handling of
contraband items.
Staff follows written procedures when destroying hard contraband that
is illegal.
D
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.
D DEFICIENT
~ ACCEPTABLE
D
D
AT-RISK
D
This procedure is addressed in
SCI policy, entitled Inmate
Introduction of Contraband,
Frisk Searches, Strip Searches,
and
Searches.
D
The facility retains some
contraband items for use in staff
training.
D REPEAT FINDING
REMARKS:
The facility is compliant with all components of this ICE standard.
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/ 12-10-09
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AUDITOR'S SIGNATU
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•
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 42 of73
DETENTION FILES
• EVERY FACILITY WILL CREATE A DETENTION FILE FOR EVERY ICE DETAINEE BOOKED INTO THE FACILITY, EXCLUDING ONLY
AINEES 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,
ETC.
A detention file is created for every new arrival whose stay will
exceed 24 hours.
Detention files are stored in a secure
room adjacent to the booking
D
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
•
and the
of same
The detention files are located and maintained in a secure area. If
the cabinets are lockable and distribution of the keys is limited
....,'''"'.. ,.v.. file remains active during the detainee's stay. When
the detainee is released from the facility, staff adds copies of
completed release documents, the original closed-out receipts for
property and valuables, the original 1-385 or equivalent, and other
documentation.
The
closing
detention file makes a notation that the file
is
and
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
D
D
~
D
D
~
D
D
~
D
D
D
D
D
D
D
D
~
~
Files contain the following: Booking
Sheet; Intake Interview Form; Inmate
Transfer Report; Inmate Tracking sheet
and disciplinary Log; Incident Reports;
Disciplinary Procedure Report; Primary
Security Level Assignment Form;
Classification Review Notice(s);
fingerprint cards; Property Inventory
Forms: and National Crime Information
Center
documents.
Logs to check files in and out are
located adjacent to the file cabinets.
REMARKS:
Detention files are maintained for every detainee and contain pertinent documentation. The facility also maintains many files and
documents on the automated ENFORCE program. Since the ICE portion of the booking process usually occurs at the St. Paul,
Minnesota Field Office, documentation maintained in the A-files was not available at the SCJ.
/ 12-10-09
.UDlTOR'SSIGNATURE/D
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FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 43 of73
~
DISCIPLINARY POLICY
. ALL FACILITIES HOUSING ICE DEI'AINEES ARE AUTHORIZED TO IMPOSE DISCIPLINE ON DEI'AINEES WHOSE BEHAVIOR IS NOT IN
COMPLIANCE WITH FACILITY RULES AND REGULATIONS.
C~
IT"
. y~
~
NA
R1l'M AIH'~
The detainee disciplinary rules
The facility has a written disciplinary system using progressive levels
are detailed in facility policy,
of reviews and appeals.
0
0
~
entitled Inmate Discipline, as
well as in the inmate handbook.
The facility rules state that disciplinary action shall not be capricious
0
0
~
or retaliatory.
Written rules prohibit staff from imposing or permitting the following
sanctions:
• corporal punishment
• deviations from normal food service
0
0
~
• clothing deprivation
• bedding deprivation
• denial of personal hygiene items
• loss of correspondence privileges
• U"1'I~lation of physical exercise
The rules of conduct, sanctions, and procedures for violations are
defined in writing and communicated to all detainees verbally and in
0
0
~
writing.
The following items are conspicuously posted in Spanish and English,
and other dominate languages used in the facility:
• Rights and Responsibilities
0
0
~
• Prohibited Acts
• Disciplinary Severity Scale
• Sanctions
The facility places great
minor rule violations or prohibited acts occur, informal
emphasis on informal
resolutions are encouraged.
0
0
~
resolution.
Tn~iclent reports and Notice of Charges are promptly forwarded to the
0
0
~
desilmated supervisor.
Incident reports are investigated within 24 hours of the incident. The
Unit Disciplinary Committee (UDC) or equivalent does not convene
0
0
~
before an investip-ation ends.
An intermediate disciplinary process is used to adjudicate minor
0
0
~
infractions.
A disciplinary panel (or equivalent in IGSAs) adjudicates infractions.
The panel:
• Conducts hearings on all charges and allegations referred by
the UDC;
The facility utilizes a sergeant to
Considers
written
reports,
statements,
physical
evidence,
and
hear
both minor and major
0
0
~
•
oral testimony;
offenses.
• Hears pleadings by detainees and staff representatives;
its findings on the preponderance of evidence; and
• Bases
T.
only authorized sanctions
•
A staff 1"1'1
ltative is available if requested for a detainee facing a
0
0
~
ili~~i1)linary heRrin!7
The facility permits hearing postponements or continuances when
0
0
~
conditions warrant such a continuance. Reasons are documented.
•
FOR OFFICIAL USE ONL Y (LAW ENFORCEMENT SENSITIVE)
Page 44 of73
DISCIPLINARY POLICY
. ALL FACILITIES HOUSING ICE DEfA1NEES ARE AUTHORIZED TO IMPOSE DISCIPLINE ON DEfA1NEES WHOSE BEHAVIOR IS NOT IN
COMPLIANCE WITH FACILITY RULES AND REGULATIONS.
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
.
offense.
incident, investigation, committee/panel
and distributed as rpf1111r<.rl
D DEFICIENT
~ ACCEPTABLE
D
D
D
D
D
~
AT-RISK
D
The facility can impose
penalties of up to: 90 days for a
Level 2 offense; and 180 days
for a Level 3 offense.
The facility has no policy on
how to handle confidentialinformant information.
D
D REPEAT FINDING
REMARKS:
The facility is compliant with all components of this ICE standard with the exception of the two components noted above.
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/ 12-10-09
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•
•
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 45 of73
EMERGENCY (CONTINGENCy) PLANS
ALL FACILITIES HOLDING ICE DEfAlNEES WILL RESPOND TO EMERGENCIES WITH A PREDEfERMINED STANDARDIZED PLAN TO
nli'<Hn~~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.
Policy precludes detainees or detainee groups from exercising control
or authority over other detainees.
D
Detainees are protected from:
• Personal abuse
• Corporal punishment
• Personal injury
• Disease
• Property damage
• Harassment from other detainees
Staff is trained to identify signs of detainee unrest.
and how often?
What
climate, detainee
There is a designated person or persons responsible for emergency
plans and their implementation. Sufficient time is allotted to the person
or group for development and implementation of the plans.
plans address the following issues:
Confidentiality
Accountability (copies and storage locations)
Annual review procedures and schedule
Revisions
include a comprehensive general section with
to most
situations.
The facility has cooperative contingency plans with applicable:
• Local law enforcement agencies
• State agencies
• Federal agencies
All
receives copies of Hostage Situation Management policy and
Staff is trained to disregard instructions from hostages, regardless of
rank. Within 24 hours after release, hostages are screened for medical
effects.
and
include emergency medical treatment for staff and
and after an incident.
Food service maintains at least 3 days' worth of emergency meals for
staff and detainees.
D
D
D
~
D
D
~
D
D
~
~
D
D
D
D
D
D
D
D
~
D
D
~
D
D
~
D
D
~
D
D
There is no policy statement
that precludes detainees or
detainee groups from
exercising control or authority
over other detainees.
The Jail Commander, the
Assistant Jail Commander, and
two Captains meet as a
committee to carry out this
The mutual aid agreements in
place are with the: MDOC to
provide evacuee bed space: the
local fire department: and a
local bus company to provide
transportation for the evacuees.
Other mutual aid agreements
with the local hospital and
ambulance service are being
considered.
The three-day menu for both
regular meals and special diets
is in policy, entitled Emergency
Menu.
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 46 of73
EMERGENCY (CONTINGENCy) PLANS
POLICY ALL FACILITIES HOWING ICE DETAINEES WILL RESPOND TO EMERGENCIES WITH A PREDETERMINED STANDARDIZED PLAN TO
m,.~ ~~~ THE HARMING OF HUMAN LIFE AND THE DESTRUCTION OF PROPERTY. IT IS RECOMMENDED THAT speS AND CDFs ENTER INTO
n,
II
VIA MEMORANDUM OF UNDERSTANDING (MOU), WITH FEDERAL, LOCAL AND STATE AGENCIES TO ASSIST IN TfMES OF
~~
..
~
~.
;y
C.Ol\!
YES
n;:,
Written plans identify locations of shut-off valves and switches for all
utilities (water, gas, electric).
Written procedures cover:
• WorkIFood Strike
• Disturbances
• Escapes
• Bomb Threats
• Adverse Weather
• Internal Searches
• Facility Evacuation
• Detainee Transportation System Plan
• Internal Hostages
• Civil Disturbances
D DEFICIENT
~ ACCEPT ABLE
D
No
NA
D
~
D
~
D
D
AT-RrSK
RI?MARK!i:
The facility does not have a
written plan that identifies the
locations of shut-off valves for
all utilities.
D REPEAT FINDING
REMARKS:
The facility does not have an ICE-required written plan identifying the locations of shut-off valves for all utilities. The facility
administration is working on a plan to remedy this area of non-compliance. The other area of non-compliance is the facility's failure
o have a policy which precludes detainees or detainee groups from exercising control or authority over other detainees
•
b6,b7c
/ 12-10-09
b6,b7c
AUDITOR'S SIGNATURE / DATE
b6,b7c
•
FOR OFFICIAL USE ONL Y (LAW ENFORCEMENT SENSITIVE)
Page 47 of73
~:;:;
ENVIRONMENTAL HEALm AND SAFETY
EVERY FACILITY WILL CONTROL FLAMMABLE, TOXIC, AND CAUSTIC MATERIALS THROUGH A HAZARDOUS MATERIALS
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
'AM.
COMrUl'IEl'III!I
YES
No
NA
The facility has a system for storing, issuing, and maintaining
inventories of hazardous materials.
~
D
D
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-todate 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
prescribed procedures. They:
• Wear personal protective equipment; and
• Report hazards and spills to the designated official.
D
~
D
~
D
D
D
~
D
D
~
D
~
D
D
~
D
D
~
D
D
~
D
D
~
D
D
~
D
D
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 comhllstible" 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 • "'1uIlements.
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 an.J"Nhere 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
d.,o'''''''' in the summer.)
RFMARKS
Chemical inventories are
maintained; however, not in
accordance with the NDS.
Inventories are required to be
kept separately for each
substance, with entries for each
logged on a separate card or
equivalent. This discrepancy
was corrected during the review.
The facility's MSDS file is
maintained as a digital record
accessible by all staff. The
electronic file contains a plant
diagram and legend ofthe
storage areas as required. Hard
copies of all MSDS are also
readily accessible to staff and
detainees as required.
Specific personal protective
equipment (PPE) is not
available as required by the
MSDS. Proper PPE was
purchased during the review.
MSDS files were not readily
accessible to staff and detainees
in work areas. MSDS files were
not available in the laundry area
or the upstairs chemical storage
area. This was corrected during
the review.
•
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 48 of73
ENVIRONMENTAL HEALTH AND SAFETY
EVERY FACILITY WILL CONTROL FLAMMABLE, TOXIC, AND CAUSTIC MATERIALS THROUGH A HAZARDOUS MATERIALS
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
INCOMPATffiLE
AND SAFE-HANDLING PROCEDURES
C1\.\.1\JII..L\.l>'t.
Shower and sink water temperatures do not exceed the industry
standard of 120 degrees.
o
o
All toxic and caustic materials are stored in their original containers in
a secure area.
flammables, combustibles, and toxic liquids are disposed of
nrf\n"rlv and in accordance with MSDSs.
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
o
o
o
o
o
There were no products
identified as containing methyl
alcohol.
o
o
o
o
o
A technically qualified officer conducts the fire and safety inspections.
o
o
o
o
The Safety Office ( or officer) maintains files of inspection reports.
facility has an approved fire prevention, control, and evacuation
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.
o
o
The water temperature in the
food service hand sink and the
detainee hand sinks in the
housing units exceeds the
industry standard of 120°. The
temperature was measured at
135° in food service and 125° in
the
units.
Staff conducting fire and safety
inspections is not technically
qualified. Further, written
reports of the inspections are not
forwarded to the Jail
Commander for review; or
corrective
Written reports are not
generated/maintained of the
weekly Fire and Safety
Inspection reports. The weekly
inspections are being
documented via a log entry on
the
s activities
o
o
A review of the fire plan
indicates that the area-specific
diagrams do not include:
English and Spanish
instructions; "You are here"
markers; emergency equipment
locations; and areas of safe
refuge. Further, there are no
directional arrows or evacuation
routes in the
s corridors.
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 49 of73
ENVIRONMENTAL HEALTH AND SAFETY
POLICY:
-KVU,,"''UVI.
EVERY FACILITY WILL CONTROL FLAMMABLE, TOXIC, AND CAUSTIC MATERIALS THROUGH A HAZARDOUS MATERIALS
'THE PROGRAM WILL INCLUDE, AMONG OTHER THINGS, THE IDENTIFICATION AND LABELING OF HAZARDOUS MATERIALS IN
APPLICABLE STANDARDS (E.G., NATIONAL FIRE PROTECTION ASSOCIATION [NFPA]); IDENHFICATION OF
AND SAFE-HANDLING PROCEDURES
Fire drills are conducted and documented monthly.
D
D
A fire drill was conducted on
10-15-09; however, there is no
other documentation to indicate
fire drills are conducted on a
A sanitation program covers barbering operations.
D
D
The
shop has the facilities and equipment necessary to meet
sanitation requirements.
D
D
D
D
The sanitation standards are conspicuously posted in the barbershop.
regulate the handling and disposal of used needles
0
D
D
0
D
D
0
D
D
The facility follows standard cleaning procedures.
0
D
D
Spill kits are readily available.
0
D
D
A licensed medical waste contractor disposes of infectious/biohazardous waste.
0
D
D
Staff is trained to prevent contact with blood and other body fluids and
written procedures are followed.
0
D
D
0
D
D
Standard cleaning practices include:
• Using specified equipment; cleansers; disinfectants and
detergents.
established schedule of cleaning and follow-up
An
•
methods for handling/disposing of refuse meet all regulatory
pest-control professional inspects for
rodents, insects, and vermin.
• At least monthly.
• The pest-control program includes preventative spraying for
indigenous insects.
D
D
does not have a
dedicated barbershop.
Detainees cut their hair in the
dayrooms of each unit. A sink
with hot and cold running water
is not utilized to properly clean
the clipper attachments before
sanitizing. Spray bottles used in
the sanitation ofbarbering
equipment were not labeled
until
the review.
Sanitation standards are not
posted in the barbering area, or
with the barbering kit.
Sanitation standards were
the review.
Stericycle has the contract to
dispose of infectiouslbiohazardous waste.
Training is conducted as part of
the "Delivery of Medication"
and "MRSA" curriculum.
The pest control inspections and
services are not performed on a
monthly basis. Eco Lab is
contracted to provide pest
control; however, only on a
basis.
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 50 of73
ENVIRONMENTAL HEALTH AND SAFETY
POLICY:
EVERY FACILITY WILL CONTROL FLAMMABLE, TOXIC, AND CAUSTIC MATERIALS THROUGH A HAZARDOUS MATERIALS
THE PROGRAM WILL INCLUDE, AMONG OTHER THINGS, THE IDENTIFICATION AND LABELING OF HAZARDOUS MATERIALS IN
WITH APPLICABLE STANDARDS (E.G., NATIONAL FIRE PROTECTION ASSOCIATION [NFPA]); IDENTIFICATION OF
INCOMPATmLE
AND SAFE-HANDLING PROCEDURES
rK\.J\.Jf'lft!\Il.
Drinking water and wastewater is routinely tested according to a fixed
schedule.
o
o
Emergency power generators are tested at least every two weeks.
• Other emergency systems and equipment receive testing at
least quarterly.
• Testing is followed-up with timely corrective actions (repairs
and
o
o
o ACCEPTABLE
~DEFICIENT
OAT-RISK
The facility's water is supplied
and tested by the city of Elk
River.
~ REPEAT FINDING
REMARKS:
As evidenced by the numerous deficient components noted above, the SCJ does not meet the requirements of the NDS. However,
there was an innovation observed during the review which is viewed as a "best practice." The facility has converted their MSDS to
digital format and has placed them on a computer drive that is accessible to all staff. Although this does not address the requirement
for accessibility to detainees, it g
ces the availability to staff
b6,b7c
/ 12-10-09
b6,b7c
AUDITOR'S SIGNATURE / DATE
•
b6,b7c
•
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 51 of73
*=
HOLD ROOMS IN DETENTION FACILITIES
HOLD ROOMS WILL BE USED ONLY FOR TEMPORARY DETENTION OF DETAINEES AWAITING REMOVAL, TRANSFER, EOIR
MEDICAL TREATMENT, INTRA-FACILITY MOVEMENT OR OTHER PROCESSING INTO OR our OF THE FACILITY.
0
R1?MARK!':
Ill!i
No
NA
YES
The hold rooms are situated within the secure perimeter.
Hold rooms are located in the
D
D booking department within the
~
secure facility.
The hold rooms are well ventilated well lighted, and all activating
D
D
~
switches are located outside the room.
The hold rooms contain sufficient seating for the number of detainees
D
D
~
held.
Bunks, cots, beds, or other related make-shift sleeping apparatus are
D
D
~
precJnnp.n from use inside hold rooms.
The walls and ceilings of the hold rooms are tamper and escape
D
D
~
proof
Individuals are not held in hold rooms for more than 12 hours.
lJ
lJ
I2SI
Male and females are segregated from each other.
The booking area has hold
designated for males,
D
D rooms
~
females, and designee's different
security levels.
Detainees under the age of 18 are not held with adult detainees.
Policy prohibits placing a
D
D juvenile and adult in the same
~
cell.
Detainees are provided with basic personal hygiene items such as
water, soap, toilet paper, cups for water, feminine hygiene items,
D
D
~
diapers and wipes .
. In older facilities, officers are within visual audible range to allow
D
D
~
access to toilet facilities on a regular basis.
"All np.t"inp.p.>:
a pat down search for weapons or contraband
D
D
~
before being placed in the room.
Officers closely supervise the detention hold rooms using direct
supervision (Irregular visual monitoring.).
D
D
~
• Hold rooms are irregularly monitored every 15 minutes .
• Unusual behavior or "UI. "I~ LlL are noted.
When the last detainee has been removed from the hold room, it is
Rooms are inspected and
given a thorough inspection.
D
D cleaned as part of the daily
~
""'''UI1LY in>:nection report.
There is a written evacuation plan that includes a designated officer
to remove detainees from hold rooms in case of fire and/or building
D
D
~
evacuation.
An appropriate emergency service is called immediately upon a
In addition, persons being
determination that a medical emergency may exist.
placed in the hold cells are
D
D interviewed regarding
~
medications and health
conditions.
!ARlNO!':.
D DEFICIENT
~ ACCEPTABLE
D
AT-RISK
D REPEAT FINDING
REMARKS:
The hold cells are not used to house inmates/detainees for over 12 hours. The rooms are clean and closely supervised throughout the
day.
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FOR OFFICIAL USE ONL Y (LAW ENFORCEMENT SENSITIVE)
Page 52 of73
~OUCY
KEY AND LOCK CONTROL
(SECURITY, ACCOUNTABILITY
AND MAINTENANCE)
IT IS THE POLICY OF THE ICE SERVICE TO MAINTAIN AN EFFICIENT SYSTEM FOR THE USE, ACCOUNTABILITY AND MAINTENANCE
OF ALL KEYS AND LOCKS.
Cr
RRMARKS
NA
Il~
_YE~
~
All the county maintenance staff
The security officer[ s], or equivalent in IGSAs, has attended an
who service the SCJ has been to
approved locksmith training program.
0
0
~
a Brinks locksmith training
J11c Ugl i:Ull.
The security officer, or equivalent in IGSAs, has responsibly for all
administrative duties and responsibilities relating to keys, locks etc.
~
0
0
~
0
0
~
0
0
~
0
0
Facility policies and procedures address the issue of compromised
keys and locks.
~
0
0
The security officer, or equivalent in IGSAs, develops policy and
procedures to ensure safe combinations integrity.
~
0
0
~
0
0
~
0
0
0
~
0
~
0
~.
0
lJ
Q
~
0
0
~
0
0
~
0
0
The security officer, or equivalent in IGSAs, provides training to
employees in key control.
The security officer, or equivalent in IGSAs, maintains inventories of
all keys, locks and locking devices.
The security officer follows a preventive maintenance program and
maintains all preventive maintenance documentation.
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.
All worn or discarded keys and locks are cut up and properly disposed
of
Pan1 ()('h and/or chains are P<VHWH",:! 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·,
The Jail Commander has the
responsibility of managing the
key and lock control program
for the facility.
The key and lock inventory is
maintained electronically.
Every security lock in the
facility is tested weekly, and
lock failures are reported to the
maintenance staff for immediate
repair.
The procedure for handling
compromised keys is in facility
Policy, entitled Key Control.
The facility has a grandmaster
key that is never issued.
•
National Fire Protection Association Life Safety Code 101.
The upvrational k", yuualU is sufficient to accommodate all the facility
key rings, inchJ(lin~ keys in use, and is located in a secure area.
Procedures are in place to ensure that key rings are:
• Identifiable;
• The numbers of keys are cited; and
• _Key~ cannot be removed.
•
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 53 of73
KEY AND LOCK CONTROL
(SECURITY, ACCOUNTABH..ITY AND MAINTENANCE)
IT IS THE POLICY OF THE ICE SERVICE TO MAINTAIN AN EFFICIENT SYSTEM FOR THE USE, ACCOUNTABILITY AND MAINTENANCE
OF ALL KEYS AND LOCKS.
Emergency keys are available for all areas of the facility.
Individual gun lockers are provided.
• They are located in an area that permits constant officer
observation.
• In an area that does not allow detainee or
access.
The facility has a key accountability policy and procedures to ensure
key accountability. The keys are physically counted daily.
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
to handle
to staff.
0
~ ACCEPTABLE
DEFICIENT
0
~
AT-RISK
o
o
o
o
o
o
0
o
o
Two sets of emergency keys are
maintained: one set is located in
the secure dispatch office; and
the other set is located in the
key box in the Jail Commander's
office. Both sets are readily
available to authorized
personnel in the event of an
The security keys are counted at
each shift change.
REPEAT FINDING
REMARKS:
The facility administration has made progress on this ICE standard since the last inspection. The facility is now meeting all of the
components of this standard, with the exception of having a grandmaster key. The executive staff of the SCJ understand the potential
problem a grandmaster key could cause if it fell into the hands of a detainee; therefore, steps have been taken to secure the key in the
Jail Commander's office in a lock box with the standing order that it never be issued.
b6,b7c
/ 12-10-09
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•
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 54 of73
POPULATION COUNTS
ALL DETENTION FACILITIES SHALL ENSURE AROUND-THE-CLOCK ACCOUNTABILITY FOR ALL DETAINEES. THIs REQUIRES THAT
CONDUCT AT LEAST ONE FORMAL COUNT OF THE DETAJNEE POPULATION PER SHIFT, WITH ADDITIONAL FORMAL AND INFORMAL
CONDUCTED AS NECESSARY.
o
The facility conducts five counts
daily, with at least one count on
each shift.
o
o
Every detainee is required to
stand during count and present
their wristband (which includes
a recent photo) to the counting
.
officer for
o
o
o
o
o
o
o
o
o
rlc\J'L.v<LHO"
cease or are strictly controlled while a formal count is
A face-to-photo count follows each unsuccessful recount.
Officers posItively identify each detainee before counting him/her as
Written procedures cover informal and emergency counts.
•
are followed
informal counts and
The control officer (or other designated position) maintains an out count record of all detainees temporarily leaving the facility.
training is documented in each officer
[gI
traming folder.
o DEFICIENT
ACCEPT ABLE
OAT-RISK
The out-count at the facility is
maintained by the booking
officer.
Individual training files are
maintained both manually and
o
REPEAT FINDING
REMARKS:
The facility is compliant with a
b6,b7c
I 12-10-09
nts of this ICE standard.
b6,b7c
b6,b7c
•
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 55 of73
POST ORDERS
• ICE PROVIDES OFFICERS ALL NECESSARY GUIDANCE FOR CARRYING our THEIR DurIES. THIS GUIDANCE INCLUDES THE POST
ESTABLISHED FOR EVERY POST, WHICH ARE REVIEWED AT LEAST ANNUALLY, AND GIVEN TO EACH OFFICER UPON ASSIGNMENT
Each set contains the latest inserts (emergency memoranda, etc.) and
revisions.
all post-orders
One individual or department is
current with revisions that take place between reviews.
The IGSA maintains a complete set (central
of post orders.
~
D
D
D
D
~
D
D
~
D
D
~
D
D
D
~
D
~
D
D
~
D
D
~
D
D
D
D
The central file is accessible to all staff.
or Contract / IGSA equivalent initiates/authorizes all post-
of post orders occurs regularly and at a
Housing-unit post officers record all detainee activity in a log. The
post order includes instructions on maintaining the logbook.
D DEFICIENT
~ ACCEPT ABLE
D
AT-RISK
A committee made up of the Jail
Commander, the Assistant Jail
Commander, and the two
Captains has this responsibility.
Post orders are reviewed and
updated annually by this
committee.
All
are maintained
on
H drive.
All personnel can access the
facility intranet H drive from
in the'
All post orders are
however, none are
Post orders are kept secured at
each work station.
The activity log is maintained
electronically on the computers
at each work station.
D REPEAT FINDING
REMARKS:
b6,b7c
/ 12-10-09
b6,b7c
AUDITOR'S SIGNAT
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•
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 56 of73
~
SECURITYINSPECfIONS
POST ASSIGNMENTS IN THE FACILITY'S HIGH-RISK AREAS, WHERE SPECIAL SECURITY PROCEDURES MUST BE FOLLOWED, WILL
IN FACILITY OPERATIONS.
i RHS iKI{ :n~uTO EXPERIENCED PERSONNEL WITH A THOROUGH GROUNDING
I
IT:!
The facility has a comprehensive security inspection policy. The
policy specifies:
• Posts to be inspected;
• Required inspection forms;
• Frequency of inspections;
• Guidelines for checking security features; and
• Procedures for.l:reporting weak spots, inconsistencies, and
llHplUYC;lHC;Hl
other areas
Every officer is required to conduct a security check of hislher
assigned area. The results are documented.
Docnmentation of security immections is kept on file.
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 facility.
~ visits are officially recorded in a visitor logbook or electronically
,.l, .l
C;,",UlUC;U.
The facility has a secure visitor pass system.
Every Control Center <:Jfficer IC_~taVCs snecialized traiging,
The Control C~nter is ~ffed aI'2und ~ cloc~
Policy lC;IHU~lS staff access to the Control Center.
D,
are restricted from access to the Control Center.
n
are centralized in the Control Center,
Officers monitor all vehicular traffic entering and leaving the facility.
YES
No
NA
REMARKS
rgj
0
0
Facility policy, entitled Security
Inspections, covers each of the
required items in detail.
0
Officers are required to perform
inspections every 30 minutes,
the results of which are
documented electronically.
Every officer can submit a
maintenance work request that
goes directly to the sergeant on
duty from the computer locate d
at each duty post. The sergeant
then sends the work order to the
maintenance department to
schedule the requested repair.
rgj
~
rgj
0
0
[gJ
0
0
rgj
0
0
=
=
0
0
0
1
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;
• Delivery date and time;
• Date and time out;
• Vehicle license number; and
• Name of employee lc;"pum,~ble for the vehicle during the visit
Officers thoroughly search each vehicle entering and leaving the
facility.
0
~
~
~
~
=
~
~
~
0
rgj
0
The facility does not maintain a
vehicle log since no vehicle is
allowed into the security
envelope of the jail.
The facility does not search
vehicles since no vehicle is
allowed into the security
envelope of the jail
-
The facility has a written policy and procedures to prevent the
introduction of contraband into the facility or any of its
1 p.n t!'l
~being taken into the
"ea of the fucility "e inveotoried
entering and prior to dcpallw c.
S~ntr~has~~~lly~
Written procedures govern searches of detainee housing units and
~rsonal areas.
All visits are logged both
manually and electronicallv.
0
[gJ
0
[gJ
0
0
rgj
0
0
0
0
IZI
rgj
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 57 of73
SECURITY INSPECTIONS
POLICY: POST ASSIGNMENTS IN THE FACILITY'S HIGH-RISK AREAS, WHERE SPECIAL SECURITY PROCEDURES MUST BE FOLWWED, WILL
RESTRICTED TO EXPERIENCED PERSONNEL WITH A THOROUGH GROUNDING IN FACILITY OPERATIONS.
Storage and supply rooms, walls, light and plumbing fixtures,
accesses, and drains, etc., undergo frequent, irregular searches. These
searches are documented.
Walls, fences, and exits, including exterior windows, are inspected
defects once each shift.
Daily procedures include:
• Perimeter alarm system tests;
• Physical checks ofthe perimeter fence; and
• Documenting the results.
o DEFICIENT
~ ACCEPTABLE
OAT-RISK
o
o
o
o
o
o
o
The facility has neither a
perimeter alarm system nor a
perimeter fence; however, the
outside area of the jail is
checked via a perimeter search
a CO on each shift.
REPEAT FINDING
REMARKS:
The facility is compliant with all the components of this ICE standard with the exception of maintaining a vehicle log and searching
vehicles entering the facility. The facility administration does not feel the need to perform either function because no vehicle is
allowed to enter the security envelope of the facility.
•
b6,b7c
/ l2-lO-09
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I..UDlTOR'S SIGNATUR
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•
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 58 of73
SPECIAL MANAGEMENT UNIT (SMU)
(ADMINISTRATIVE SEGREGATION)
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
The Administrative Segregation unit provides non-punitive
protection from the general population and individuals undergoing
disciplinary segregation.
• 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
of the order
to the detainee within 24 hours.
The OIC (or equivalent) regularly reviews the status of detainees in
administrative detention.
• A supervisory officer conducts a review within 72 hours of
the detainee's
in the SMU
A supervisory officer conducts another review after the detainee has
spent seven days in administrative segregation, and:
• Every week thereafter for the first month; and
• Every 30 days after the first month.
• Does each review include an interview with the detainee?
• Is a written record made of the decision and the
?
detainee is given a copy of the decision and justification for each
The detainee is given an opportunity to appeal the reviewer's
decision to someone else in the
The OIC (or equivalent) routinely notifies the Field Office Director
(or staff officer in charge of IGSAs) any time a detainee's stay in
administrative detention exceeds 30 days.
• Upon notification that the detainee's administrative
segregation has exceeded 60 days, the FD forwards written
notice to
Field
Branch Chieffor 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
of this record.
The detainee is given the right to appeal to the OIC (or equivalent)
the conclusions and recommendations of any review conducted after
the detainee have remained in administrative segregation for seven
consecutive
the same general
• Well ventilated;
• Adequately lighted;
• Appropriately heated; and
• Maintained in a
condition.
cells are equipped with beds.
bed is
fastened to the floor or wall.
o
o
o
o
o
o
o
o
o
o
o
o
Facility policy, entitled
Administrative Segregation,
addresses this procedure in
detail.
Every detainee in segregation
status is reviewed every
Monday. Each review is
documented, and a copy is
provided to the detainee.
o
o
Each detainee in segregation
status is reviewed every
Monday. Each review is
documented, and a copy is
to the detainee.
o
o
The detainee may appeal
utilizing the facility's grievance
process.
o
o
o
o
o
o
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 59 of73
SPECIAL MANAGEMENT UNIT (SMU)
(ADMINISTRATIVE SEGREGATION)
11m 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
The number of detainees in any cell does not exceed the occupancy
limit.
• When occupancy exceeds recommended capacity, do basic
living standards decline?
• Do criteria for objectively assessing living standards exist?
• If
are the criteria included in the written
The segregated detainees have the same opportunities to
exchange/launder clothing, bedding, and linen as detainees in the
Detainees receive three nutritious meals per day, from the general
population's menu of the day.
• Do detainees eat only with disposable utensils?
• Is food ever used as
Each detainee maintains a normal level of personal hygiene in the
SMU.
•
The detainees have the opportunity to shower and shave at
least three times a week.
• If
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
material.
• Personal
A health care professional visits every detainee at least three times a
week.
• The shift supervisor visits each detainee daily.
• Weekends and
Detainees have the same law-library access as the general population.
• Are they required to use the law library 0 Separately, or
DAs a group?
• Are legal materials brought to them?
'U~'''H,ullJl''
•
a permanent log of detainee-related activity,
visitors etc .
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
The facility does not exceed the
design capacity in the SHU.
Health care professionals visit
the detainees in administrative
segregation at least once each
shift.
The facility does not have a
visiting room. All visits are
conducted via a video device.
Each detainee in administrative
segregation submits a request
for legal material that is
subsequently delivered to
himlher in the housing area,
similar to GP detainees.
u",ca..,,,,, activity is recorded
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 60 of73
SPECIAL MANAGEMENT UNIT (SMU)
(ADMINISTRATIVE SEGREGATION)
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
SPC procedures include completing the SMU Housing Record (1888) 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 1-888 (or local
Staff record whether the detainee ate, showered, exercised, and took
any applicable medication during every shift.
• 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
or at the end of the shift.
A new record is created for each week the detainee is in
Administrative Segregation.
• The weekly records are retained in the SMU until the
detainee's return to the
o DEFICIENT
~ ACCEPT ABLE
r
MARKS
OAT-RISK
o
o
o
o
All detainee activity is recorded
electronically.
o
o
All detainee activity is recorded
electronically.
o REPEAT FINDING
:
The facility is compliant with all the components of this ICE standard.
b6,b7c
/ 12-10-09
b6,b7c
b6,b7c
•
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 61 of73
~UCY:
SPECIAL MANAGEMENT UNIT
(DISCIPLINARY SEGREGATION)
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
:,,\.E( it( E( iATION; THE OTHER FOR DETAINEES BEING SEGREGATED FOR DISCIPLINARY REASONS.
r.
RRMADK~
No
YES
NA
'l~
Facility policy, entitled Inmate
Officers placing detainees in disciplinary segregation follow written
Discipline, details how
procedures.
0
0
~
detainees are to be placed in
ion
cliscinlinarY""]:;l'
The facility can impose
The sanctions for violations committed during one incident are
penalties of up to: 90 days for a
limited to 60 days.
0
0
~
Level 2 offense; and 180 days
for a Level 3 offense
A completed Disciplinary Segregation Order accompanies the
detainee into the SMU.
0
0
• The detainee receives a copy of the order within 24 hours of ~
nl
: in discinlinary_seg~gation
Each detainee in segregation
Standard procedures include reviewing the cases of individual
status is reviewed every
detainees housed in disciplinary detention at set intervals.
Monday. Each review is
0
0
• After each formal review, the detainee receives a written copy ~
documented with a copy going
of the decision and supporting reasons.
to the detainee
The conditions of confinement in the SMU are proportional to the
0
0
~
amount of control
' to protect detainees and staff.
Detainees in disciplinary segregation have fewer privileges than
0
0
~
ion.
those housed in administrative
~ conditions in disciplinary SMUs remain the same regardless
~hl'lVior
.~
.
If no, does staff prepare written documentation for this
action?
• Does the OlC~gn to indicate-'PlJIuval
Every detainee disciplinary segregation receives the same humane
trpl'ltmpnt rPlmrilless of offense.
The quarters used for segregation are:
• Well-ventilated.
• Adequately lighted.
• Appropriately heated.
• Maintained in a sanitary condition.
~
0
0
~
0
0
~
0
0
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.
nptl'linp.p.s
the SMU have the same opportunities to exchange
dothin!7 hp.ilclin!7 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.
~
0
0
~
0
0
~
0
0
~
0
0
•
are allowed to maintain a normal level of personal
hygiene, including the opportunity to shower and shave at least three
times/week.
0
~
0
~
0
0
The facility does not exceed the
design capacity in the SHU.
Detainees who throw food or
other items at staff may be
placed on a food loaf diet,
lasting no longer than four days.
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 62 of73
.=
SPECIAL MANAGEMENT UNIT
(DISCIPLINARY SEGREGATION)
EACH FACILITY WILL ESTABLISH A SPECIAL MANAGEMENT UNIT IN WHICH TO ISOLATE CERTAIN DETAINEES FROM THE
POPULATION. THE SPECIAL MANAGEMENT UNIT WILL HAVE TWO SECTIONS, ONE FOR DETAINEES IN ADMINISTRATIVE
~
.<\TION; THE OTHER FOR DETAINEES BEING SEGREGATED FOR DISCIPLINARY REASONS.
f
RRMARK~
ITIS
YES
No
NA
Detainees receive, unless documented as a threat to security:
Detainees in disciplinary
• Barbering services;
segregation are not allowed to
• Recreation privileges;
possess other-than-Iegal reading
0
~
0
• Other-than-Iegal reading material;
material while held in that
• Religious material;
status.
• 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:
• Calls about the detainee's immigration case or other legal
matters;
0
0
~
• Calls to consular/embassy officials; and
• Calls during family emergencies (as determined by the
OIClWarden).
A health care professional visits every detainee in disciplinary
Health care professionals visit
segregation every week day.
the detainees in disciplinary
0
~
0
segregation at least once each
• The shift supervisor visits each segregated detainee daily
shift
• VVeekendsandholidays.
SMU detainees are allowed visitors, in accordance with the
Detainees in disciplinary
"Visitation" standard.
segregation status routinely lose
0
0
~
their ability to have general
visits.
detainees receive legal visits, as provided in the "Visitation"
standard.
0
0
• Legal service providers are notified of security concerns ~
arising before a visit.
Visits from clergy are allowed.
• The clergy member is given the option of visiting/not
visiting the segregated detainee.
0
~
0
Violent/uncooperative
detainees are denied access to
•
religious services when safety and security would otherwise
be affected.
SMU detainees have law library access.
The facility does not have a law
Violent/uncooperative
detainees
retain
access
to
the
law
library. Each detainee in
•
library unless adjudicated a security threat in writing.
disciplinary segregation submits
a request for legal material that
0
0
• Legal material brought to individuals in the SMU on a case- ~
by-case basis.
is subsequently delivered to
himlher in the housing area
• Staff documents every incident of denied access to the law
similar to GP detainees.
library.
All detainee-related activities are documented, e.g. meals served,
All detainee activity is recorded
0
~
0
recreation activities, visitors, etc .
e!ectr,
lilv.
AT
•
FOR OFFICIAL USE ONL Y (LAW ENFORCEMENT SENSITIVE)
Page 63 of73
SPECIAL MANAGEMENT UNIT
(DISCIPLINARY SEGREGATION)
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
THE OTHER FOR DETAINEES BEING SEGREGATED FOR DISCIPLINARY REASONS.
The SPC's, the Special Management Housing Unit
(I-888or
equivalent), is prepared as soon as the detainee is placed in the SMU.
• All 1-888s are filled out by the end of each shift.
• The CDF/IGSA facility use Form.
• 1-888
local
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.
• The housing officer initials the record when all detainee
services are completed or at the end of the shift.
• A new record is created weekly for each detainee in the
o
o
o
o
All detainee activity is recorded
electronically.
SMU.
•
The SMU retains these records until the detainee leaves the
SMU.
o DEFICIENT
~ ACCEPT ABLE
OAT-RISK
o REPEAT FINDING
REMARKS:
.Although the facility is non-compliant with three components, it generally meets the NDS.
b6,b7c
I 12-10-09
AUDITOR'S SIGNATURE I DATE
b6,b7c
b6,b7c
•
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 64 of73
~~:
TOOL CONTROL
.
• IT IS THE POLICY OF ALL FACILITIES THAT ALL EMPLOYEES SHALL BE RESPONSIBLE FOR COMPLYING WITH THE TOOL CONTROL
. THE MAINTENANCE SUPERVISOR SHALL MAINTAIN A COMPUTER GENERATED OR TYPEWRITTEN MAsTER INVENTORY LIST OF
TOOLS AND EQlliPMENT 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.
COM.Pvl'lJ!.l'C I;:'
YES
No
NA
There is an individual who is responsible for developing a tool control
procedure and an inspection system to insure accountability.
Department heads are responsible for implementing this standard in
their dcpl11 LllleUL".
Tool inventories are required for the:
Maintenance Department;
• Medial Department;
• Food Service Department;
• 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.
~
D
D
~
D
D
~
D
D
RF.MAR·K~
A committee comprised of the
Jail Commander, the Assistant
Jail Commander, and the two
Captains work jointly to insure
this area remains comnli:mt
•
•
•
The facility has a tool classification system. Tools are classified
according to:
• Restricted (dangerous/hazardous); and
Non-Restricted I.
1. lzar~ous).
Department heads are responsible for implementing tool-control
~
D
D
~
D
D
~
D
D
D
~
D
~
D
D
~
D
D
The facility utilizes two fully
equipped maintenance carts to
store all the tools needed to
service the institution. An
inventory is performed at the
conclusion of each maintenance
service call by the maintenance
officer and the CO who
provided the security over the
repair.
•
.L
~e" ..
The facility has policie>: and procedures in place to ensure that all tools
are marked and readily identifiable.
The facility has an approved tool storage system.
The system ensures that all stored tools are accountable .
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
detainees.
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 surveyed and disposed of in an
appropriate and secure manner.
•
•
•
~
D
D
The procedure for addressing
the issue of lost tools is detailed
in SCDC policy, entitled Jail
Repair and Jail Physical Plant
Maintenance.
D
The county maintenance staff
removes the broken or worn out
tools from the facility and
JJluJJerly ili>:no>:e>: of them.
•
~
D
The tools are not marked.
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 65 of73
TOOL CONTROL
• IT IS THE POLICY OF ALL FACILITIES THAT ALL EMPLOYEES SHALL BE RESPONSIBLE FOR COMPLYING WITH THE TOOL CONTROL
• THE MAINTENANCE SUPERVISOR SHALL MAINTAIN A COMPUfER 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.
All private or contract repairs and maintenance workers under contract
to ICE, or other visitors, submit an inventory of all tools prior to
admittance into or
from the
o DEFICIENT
~ ACCEPTABLE
OAT-RISK
o
o
o
REPEAT FINDING
REMARKS:
The facility is compliant with all components of this ICE standard with the exception of having their tools marked for easy
identification, control and accountability. The facility administration indicates they will make this corrective action a priority.
b6,b7c
12-10-09
AUDITOR'S SIGNATURE/DATE
b6,b7c
b6,b7c
•
•
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 66 of73
TRANSPORTATION
(LAND TRANSPORTATION)
• 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.
o STANDARD NA: CHECK TIDS BOX IF ALL ICE TRANSPORTATION IS HANDLED ONLY BY mE ICE FIELD OFFICE OR SUB-OFFICE
Transporting officers comply with applicable local, state, and federal
motor vehicle laws and regulations. Records support this finding of
Every transporting officer required to drive a commercial size bus has
a valid Commercial Driver's License (CDL) issued by the state of
Officers use a checklist during every vehicle inspection.
• Officers report deficiencies affecting operability; and
• Deficiencies are corrected before the vehicle goes back into
serVIce.
Transporting officers:
• Limit driving time to 10 hours in any 15 hour period;
• Drive only after eight consecutive off-duty hours;
• Do not receive transportation assignments after having been
on duty, in any capacity, for 15 hours;
• Drive a 50-hour maximum in a given work week; a 70-hour
maximum during eight consecutive days;
• During emergency conditions (including bad weather),
officers may drive as long as necessary and safe to reach a
safe
the lO-hour limit.
Two officers with valid CDLs required in any bus transporting
detainees.
• When buses travel in tandem with detainees, there are two
qualified officers per vehicle.
An
driver
vehicle.
searched immediately prior to boarding the vehicle
the bus or vehicle.
The facility ensures that the number of detainees transported does not
exceed the vehicles manufacturer's
level.
Protective vests are provided to all transporting officers.
~~._+-~lL;_
The vehicle crew conducts a visual count once all passengers are on
board and seated.
• Additional visual counts are made whenever the vehicle
makes a scheduled or unscheduled
Policies and procedures are in place addressing the use of restraining
vehicles.
D
D
D
D
The county does not utilize
buses for detainee transportation
D
D
D
D
D
D
The county does not utilize
buses for detainee transportation
purposes.
D
D
The positive identification of all
detainees being transported is
performed jointly by the ICE
staff and the transportation
officers.
D
D
D
D
D
D
D
D
D
D
Although staff is required to
purchase their own vests, they
are reimbursed for half of the
cost by the state, and half of the
cost the
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 67 of73
TRANSPORTATION
(LAND TRANSPORTATION)
• THE IMMIGRATION AND NATURALIZATION SERVICE WILL TAKE ALL NECESSARY PRECAUTIONS TO PROTECT THE LIVES,
, 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.
o 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.
D DEFICIENT
~ ACCEPT ABLE
No
NA
D
D
D
D
D
D
~
D
D
[g]
[]
[]
~
D
D
~
D
D
YES
IT~
I
Officers ensure that no one contacts the detainees.
• One officer remains in the vehicle at all times when detainees
are preseEt.
Meals are provided during long distance transfers.
• The meals meet the minimum dietary standards, as identified
~ 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 .
. vehicles are clean and sanitary at all times.
Personal property of a detainee transferring to another facility is:
• Inventoried;
• Inspected; and
• A~~omnanie~ 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
• Pa~sem"er list includes women or minors
D
AT-RISK
RRMARK~
All of these contingency plans
are covered in SCDC policy,
entitled Transport Emergencies.
D REPEAT FINDING
REMARKS:
.The facility is compliant with
b6,b7c
/ 12-10-09
b6,b7c
AUDITOR'S SIGNATURE
b6,b7c
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 68 of73
USE OF FORCE
• THE U.S. DEPARTMENT OF HOMELAND SECURITY AUfHORIZES THE USE OF FORCE ONLY AS A LAST ALTERNATIVE AFTER ALL
REASONABLE EFFORTS TO RESOLVE A SITUATION HAVE FAILED. ONLY THAT AMOUNT OF FORCE NECESSARY TO GAIN CONTROL
OF THE DETAlNEE, TO PROTECT AND ENSURE THE SAFETY OF DETAINEES, STAFF AND OTHERS, TO PREVENT SERIOUS PROPERTY DAMAGE
AND TO ENSURE INSTITUfIONSECURITY AND GOOD ORDER MAY BE USED. PHYSICAL RESTRAINTS NECESSARY TO GAIN CONTROL OF A
Written policy authorizes staff to
in an immediate-useof-force situation without a
or direction.
When the detainee is in an area that is or can be isolated (e.g., a
locked cell, a range), posing no direct threat to the detainee or
others, officers must try to resolve the situation without
to force.
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-ofForce Team Technique.
• Under 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 nonconfrontational
means,
including
verbal
have failed or are .
may only be
the Medical
to
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
staff
the detainee
shift supervisor monitors the detainee's position/condition
every two hours.
• He/she allows the detainee to use the rest room at
D
D
D
D
D
D
D
D
Facility policy
on use of force
The facility administration emphasizes the
utilization of confrontation avoidance
techniques through staff training and
policy.
The Security Patrol officers assigned to
each shift are the designated first
responders and are trained to act
D
D
D
D
D
D
D
D
Facility policy details the guidance to staff
on UOF issues.
D
D
Pursuant to policy, four-point restraints are
applied to detainees at this facility through
the use of a restraint chair. No ICE
detainee has been subjected to four-point
restraints this calendar year.
D
D
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 69 of73
USE OF FORCE
POLICY: THE U.S. DEPARTMENT OF HOMELAND SECURITY AUfHORIZES THE USE OF FORCE ONLY AS A LAST ALTERNATIVE AFfER ALL
REASONABLE EFFORTS TO RESOLVE A SITUATION HAVE FAILED. ONLY THAT AMOUNT OF FORCE NECESSARY TO GAIN CONTROL
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 EMPWYED WHEN THE DETAINEE:
RIl'UADLrIi:
0
YES
No
NA
IT~
these times under sa
lU" •
AI! rI,
.~hec!<:s ar~ogg~d.
~
0 D
In immediate-use-of-force situations, staff contacts medical
0
~
0
staff once the detainee is under control.
When the OIC authorizes use of non-lethal weapons:
The supervisory staff is trained and
• Medical staff is consulted before staff use pepper
authorized to use the Taser gun if
spray/non-lethal weapons.
0 warranted, Only one ICE detainee has
~
0
• Medical staff reviews the detainee's medical file
been tasered in the last calendar year.
before use ofa non-lethal
is authorized.
Special precautions are taken when restraining pregnant
detainees.
~
0
0
• Medicalp",! "V!ll!"'! are consulted
Protective gear is worn when restraining detainees with open
0
~
0
cuts or wounds.
Staff documents every use of force and/or non-routine
0
~
0
i:l~ .1.
.
of restraints,
It is stnncbrc1 practice to review any use of force and the non0
~
0
routine :mnli~:1ti()n of restraints.
All officers receive training in self-defense, confrontationavoidance techniques and the use of force to control detainees.
0
0
• Specialized training is given and Officers are ~
certified in all devices th~y use.
SPCs.
the Use of Force form is used? In other facilities
0
~
0
(IGSAs / CDFs) is this form or its equivalent used?
o DEFICIENT
~ ACCEPT ABLE
OAT-RISK
o REPEAT FINDING
REMARKS:
The facility is compliant with most components of this ICE standard. No ICE detainees have been subjected to being restrained in the
restraint chair in the last calend
ne ICE detainee was tasered in January 2009.
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/ 12-10-09
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•
FOR OFFICIAL USE ONL Y (LAW ENFORCEMENT SENSITIVE)
Page 70 of73
.
~-"C:;
STAFFDETAJNEECOMMUNICATIONS
. PROCEDURES MUST BE IN PLACE TO ALLOW FOR FORMAL AND INFORMAL CONTACT BETWEEN KEY FACILITY STAFF AND ICE
AND ICE DETAINEE AND TO PERMIT DETAINEES TO MAKE WRITTEN REQUESTS TO ICE STAFF AND RECEIVE AN ANSWER IN AN
ACCEPT ABLE TIME FRAME.
RFMARKS
COMPUl'lll.l'Il~
NA
YES
No
The ICE Field Office Director ensures that weekly announced and
D
D
~
unannounced visits occur at the las A.
Detention and Deportation Staff conduct scheduled weekly visits with
D
D
~
detainees held in the IaSA.
Scheduled visits are posted in ICE detainee areas.
Notification 1 cgcudmg weekly
visits is posted in the units
D
D
~
holdin!! detainees.
Sanitation, food service, health
Visiting staff observe and note current climate and conditions of
confinement at each IaSA.
services, general morale and
D
D
~
other conditions of confinement
are checked.
ICE information request Forms are available at the IaSA for use by
D
D
~
ICE detainees.
The IaSA treats detainee correspondence to ICE staff as Special
D
D
~
I il pn r.p
Corr
ICE staff responds to a detainee request from an IaSA within 72
D
D
~
hours.
Detainees are usually processed
ICE detainees are notified in writing upon admission to the facility of
into custody at the St. Paul Field
their right to correspond with ICE staff regarding their case or
conditions of confinement.
Office. Although not provided
D
D
~
in writing at this time, detainees
are made aware of their right to
communicate with ICE officials.
~ ACCEPTABLE
DDEFICIENT
D AT-RISK
D REPEAT FINDING
REMARKS:
ICE officials visit the facility at least weekly and have good communication with detainees in the housing units. When ICE staff
enters the unit, detainees are notified of their presence via an intercom announcement. However, notification regarding a detainee's
right to correspond with ICE staff is not provided in writing.
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I 12-10-09
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•
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 71 of73
~':"~
DETAINEE TRANSFER STANDARD
. ICE WILL MAKE ALL NECESSARY NOTIFICATIONS WHEN A DETAINEE IS TRANSFERRED. IF A DETAINEE IS BEING TRANSFERRED
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.
I
RFMARKS
No
NA
YES
'Tit
When a detainee is represented by legal counsel or a legal
representative, and a G-28 has been filed, the representative of record
ICE detainees are processed at
is notified by the detainee's Deportation Officer.
the St. Paul Field Office.
0
0
~
Deportation staff notifies the
The notification is recorded in the detainee's file; and
representative of record.
When the A File is not available, notification is noted within
DACS
Notification includes the reason for the transfer and the location of the
0
~
0
new facility.
The deportation officer is allowed discretion regarding the timing of
0
~
0
the notification when extenuating "'--ll"I.lU1,;J:!m~S are involved.
The attorney and detainee are notified that it is their responsibility to
0
~
0
notifY family members--'-"5~diI!g a transfer.
Facility policy mandates that:
• Times and transfer plans are never discussed with the
detainee prior to transfer;
0
0
• 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 nonllhltion
This form is generated at the
~ detainee is provided with a completed Detainee Transfer
Field Office and a copy is
otification Form.
0
~
0
placed in the A-file.
ICE staff use both the G-391
Form G-391 or equivalent authorizing the removal of a detainee from
and/or the 1-203 to authorize
a facility is used.
0
0
~
removal from theJa~!lity.
For medical transfers:
• The Detainee Immigration Health Service (or IGSA) (DIHS)
Medical Director or designee approves the transfer;
0
0
• 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
This facility does not have a
transferred with a completed transfer summary sheet in a sealed
0
0
~
DIHS component.
envelope with the detainee's name and A-number, and the envelope is
marked Medical Confidential.
Issues regarding acute
For medical transfers, transporting officers receive instructions
conditions, medication
regarding medical issues.
0
0
~
schedules, etc. would be relayed
to
l L staff.
Detainee's funds, valuables, and property are returned and transferred
0
0
~
with the detainee to hislher new location.
Transfer and documentary procedures outlined in Section C and D are
0
~
0
followed.
The facility provides sack
"':'~"
pmvided when
ocour dlUing nnnnally ,chednl.
lunches for transfers which
tunes.
0
0
~
occur during scheduled meal
times.
•
•
M.
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FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 72 of73
DETAlNEETRANSFERSTANDARD
POLICY: ICE WILL MAKE ALL NECESSARY NOTIFICATIONS WHEN A DETAINEE IS TRANSFERRED. IF A DETAINEE IS BEING TRANSFERRED
THE JUSTICE PRISONER ALIEN TRANSPORTATION SYSTEM (JPATS), ICE WILL ADHERE TO JPATS PROTOCOLS. IN DECIDING
.. fica 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 WCATED WITHIN REASONABLE DRIVING DISTANCE OF THE FACILITY, AND WHERE
THE IMMIGRATION COURT PROCEEDINGS ARE TAKING PLACE.
(
RRMARKS
YES
No
NA
'IO:>
An A File or work folder accompanies the detainee when transferred
0
~
0
to a different field office or sub-office.
Files are forwarded to the receiving office via overnight mail no later
than one business day following the transfer.
0
0
~
o DEFICIENT
~ ACCEPTABLE
OAT-RISK
o REPEAT FINDING
REMARKS:
An interview with the ICE Deportation Officer indicates detainees are usually processed at the St. Paul Field Office and then
transferred to the facility. Detainees leaving the facility are likewise taken to the Field Office for processing after they leave the SCJ.
Transfer operations at the facility are in b6,b7c ance with the standard.
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I 12-10-09
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AUDITOR'S SIGNATURE I
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•
•
FOR OFFICIAL USE ONL Y (LAW ENFORCEMENT SENSITIVE)
Page 73 of73
Office of Detention and Removal Operations
U.S. Department of Homeland Security
500 12" Street, SW
Washington, DC 20536
u.s. Immigration
and Customs
Enforcement
MEMORANDUM FOR:
Scott Baniecke
Field Office Director
St. Paul Field Office
AUG 1 92009
t1 r--
It--
FROM:
Robert P. Helwig
Assistant Director for Management
SUBJECT:
Sherburne County Jail Annual Detention Review
The annual review of the Sherburne County Jail conducted on November 4-6, 2008, in Elk
River, Minnesota, has been received. The Review Authority (RA) has assigned an interim
rating of Deficient due to the use of Electro Muscular Disruption Devices (EMDDs) in this
facility; otherwise a rating of "Acceptable" would have been assigned.
The G-324A worksheets provided by the Reviewer-In-Charge indicated the facility was
deficient with the Environmental Health and Safety, and Key and Lock Control Standards.
On December 17, 2008, Gerard Flores, Supervisory Innnigration Enforcement Agent, advised
Veronica Franco, Detention and Deportation Officer, that the facility has been advised of the
deficient fmdings and is working to correct the deficiencies. A Plan of Action is required to
address these deficiencies and the line item deficiencies noted in the Admission & Release,
Access to Medical Care, Hold Rooms in Detention Facilities, Correspondence and Other Mail,
Detainee Handbook, Food Service, Funds and Persoual Property, Recreation, Visitation,
Hunger Strikes, Disciplinary Policy, Emergency Plans, Security Inspections, Special
Management Unit (Administrative Segregation and Disciplinary Segregation), Tool Control,
Transportation, and Use of Force Standards.
The rating was based on the Reviewer-In-Charge (RIC) Summary Memorandum and
supporting documentation. The Field Office Director must remedy the deficient standards, and
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.
Subject: Sherburne County Jail Annual Detention Review
Page 2
2) The Field Office Director is responsible for ensuring that the facility responds to all
findings and a Plan of Action is submitted to the RA within 30 days.
3) The RA will advise the Field Office Director once the Plan of Action is approved.
4) Once a Plan of Action is approved, the Field Office Director shall schedule a follow-up
on the above noted deficiencies within 90 days.
The Field Office is responsible for assisting the Intergovernmental Service Agreement facility
to respond to the u.S. Immigration and Customs Enforcement findings when assistance is
requested. Notification to the facility shall include information that this assistance is available.
Should you or your staff have any questions regarding this matter, please contact
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Unit Chief, Detention Standards Compliance Unit at (202) 732- b6,b7c
cc: Official File
b2High