ICE Detention Standards Compliance Audit - Stewart Detention Center, Lumpkin, GA, ICE, 2008

• June 2, 2016 • Locations: United States of America -> Georgia • Topics: Corrections Audits, Immigration

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Office ofDetention and Removal Operations
U.S. Department of Homeland Security

425 I Street, NW
Washington, DC 20536

u.s. Immigration

and Customs
Enforcement

MEMORANDUM FOR:

FROM:

Raymond A. Simonse
Field Office Director
Atlanta Field O
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Detention Standards Compliance Unit
SUBJECT:

Stewart Detention Center Annual Review

The annual review of the Stewart Detention Center conducted on May 13-15,2008 in
Lumpkin, Georgia has been received. A final rating of Acceptable has been assigned.
The CC-324A worksheets provided by the Reviewer-in-Charge (RIC) indicated the facility had
a deficient finding in the Access to Medical Care Standard. On May 23,2008, Raymond A.
Simonse, Field Office Director, advised
, Detention and Deportation Officer
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that all the RIC Issues and Concerns were in the process of being corrected.
The rating was based on the 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 CC-324A, Detention Facility Review Form, the CC-324A
Worksheet, RIC Summary Memorandum, and a copy of this memorandum.
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 Review Authority (RA) within 30
days.

www.ice.gov

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

SUBJECT: Stewart Detention Center Annual Review
Page 2

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 (IGSA)
facility to respond to the Immigration and Customs Enforcement fmdings when assistance is
requested. Notification to the facility shall include information that this assistance is available.
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Should your staff have any questions regarding this matter, please contact
Detention and Deportation Officer, Detention Standards Compliance Unit at (202) 732- b6,b7c

cc: Official File
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FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

ICE Detention Standards
Compliance Review
Stewart Detention Center

May 13 - 15, 2008
REPORT DATE -May 21,2008

rea ti v e
corrections
Contract Number: ODT-6-D-000I
Order Number: HSCEOP-07-F-OIOI6
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Executive Vice President
Creative Corrections
6415 Calder, Suite B
Beaumont, TX 77706

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, III, COTR
U.S. Immigration and Customs Enforcement
Detention Standards Compliance Unit
80 I I Street NW
Washington, DC 20536

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

rea t i v e
cor r e c t ion s

641.5 Calder, Suite B • Beaumont, Texas 77706
409.866.9920 • www.correctionalexperts.com

---------------------------------------Making a Difference!

May 21,2008
MEMORANDUM FOR:

FROM:

Gary E. Mead, Acting Director
Office of Detention and Removal Operations
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Reviewer-In-Charge
Creative Corrections

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r
.

Stewart Detention Center
Annual Detention Review

SUBJECT:

Creative Corrections conducted an Annual Detention Review of the Stewart Detention Center
(SDC), located in Lumpkin, Georgia, on May 13 - 15,2008. The facility is managed by
Corrections Corporation of America for Stewart County who has an Intergovernmental Service
Agreement (IGSA) with Immigration Customs Enforcement (ICE) for housing adult male ICE
detainees. This was a follow-up to our review conducted in October, 2007 which had an overall
rating of deficient. As noted on the attached documents, my team of Subject Matter Experts
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(SME) included
, SME for Security
, SME for Health
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Services; b6,b7c , SME for Safety; and
, SME for Food Service.
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A review closeout was conducted on Thursday, May 15, with
Warden and
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Assistant Field Office Director, Atlanta Sub-Office, during which all concerns
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and recommendations were discussed.

Type of Review:
This review is a scheduled Detention Standard Review to determine general compliance with
established ICE National Detention Standards for facilities used for over 72 hours.

Review Summary:
The Stewart Detention Center is not accredited by American Correctional Association (ACA),
National Commission on Correctional Health Care (NCCHC), or the Joint Commission on
Accreditation of Healthcare Organizations (JCAHO). They are scheduled for their initial ACA
.
review in October 2008.

FOR OFFICIAL USE ONL Y (LAW ENFORCEMENT SENSITIVE)

1/2

Standards Compliance:
The following information summarizes the standards reviewed and the overall compliance for
this review. The following statistical information outlined provides a direct comparison of the
2007 ADR and this ADR conducted for 2008.

October 2-4, 2007 Review
Compliant
Deficient
At-Risk
Not-Applicable

29
8
1

April 29- May 1,2008 Review
Compliant
Deficient
At-Risk
Not-Applicable

o
o
2

RIC Issues and Concerns
Access to Medical Care
The facility should establish a tracking procedure to ensure that all detainees are scheduled for
and receive a physical examination within 14 days of arrivaL

Environmental and Health Safety
The Material Safety Data Sheets (MSDS) should be re-organized in the medical clinic to provide
immediate access to all the MSDS's of hazardous substances used or stored in the medical clinic.

Key and Lock Control
The facility should ensure that all staff
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s as required by Stewart Detention Center Policy 9-3, Key ControL
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Recommended Ratinl! and Justification
It is the Reviewer-in-Charge (RIC) recommendation that the facility receive a rating of
"Acceptable" .

RIC Assurance Statement
All findings of this review have been documented on the Work Sheets and are supported by the
written documentation contained in the review file.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

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DETENTION FACILITY INSPECTION FORM
FACILITIES USED LoNGER THAN 72 HOURS

A. Type of Facilitv Reviewed
ICE Service Processing Center
ICE Contract Detention Facility
D
ICE Intergovernmental Service Agreement
I8J

B. Current Ins ection
Type oflnspection
I8J H Ins ection
D Field Office
Date[s] of Facility Review
Ma 13 - 15,2008
C. PreviousfMost Recent Facility Review .
Date[sJ ofLast Facility Review
October 2 - 4 2007
Previous Rating
D Superior D Good D Acceptable [g) Deficient D At-Risk
D. Name and Location of Facility
Name
Stewart Detention Center
Address (Street and Name)
146CCARoad
City, State and Zip Code
Lumpkin. Geon!ia 31815
County
Stewart
Name and Title of Chief Executive Officer
(Warden
ent)
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Warden
Telephone # (Include Area Code)
(229) 838 b6,b7c
Field Office / Sub-Office (List Office witn oversight
responsibilities)
Nashville TN
Distance from Field Office
386
E. Creative Corrections Review Team
RIC

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I. Facilitv History
Date Built
2004
Date Last Remodeled or Upgraded
2007
Date New Construction / Bed space Added
2006
Future Construction Planned
DYes I8J No Date:
Current Bed Space
1900

Future Bed Space (# New Beds only)
Number: NlA Date: N/A

J. Total Facility Population
Total Facility Intake for previous 12 months
15,111
Total ICE Man-days for Previous 12 months
602,831
K.

Classification Level (ICE SPCs and CDFs Only
1,..1
1,..2
Adult Male
895
464
0
0
Adult Female

1,..3
301

Facility Caparc~:itv~_-:-......,.---:=--_-:----::---r_______
Rated
Operational
Emergency

Adult Male
1,752
1,900
2,028
Adult Female
0
0
0
D Facility holds Juveniles Offenders 16 and older as Adults

SME Food Service
SME Safety
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Check box if facility has no accreditatioll!S1

H. Problems / Com laints Co ies must be attached
The Facility is under Court Order or Class Action Finding
D Court Order
D Class Action Order
The Facility has Significant L~ation Pending
D Major Litigation
0 Life/Safety Issues
I8J Check if None.

SME Medical

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G. Accreditation Certificates
List all State or National Accreditation[s] received:

SME Security

F. CDFIIGSA Information Only
Contract Number
Date of Contract or IGSA
DROIGSA-06-0003
June 30 2006
Basic Rates per Man-Day
$60.50
Other Charges: (If None, Indicate NlA)
N/A
Estimated Man-days per Year
594000

M. Average Daily PoPFu=la:.::ti:.::o:':n=-_--._:-:::c:__--,..-------,
ICE
USMS
Otber
Adult Male
1,652
o
0
Adult Female
o
o
0
N.

Facility Staffing Level
b2High

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
© 2007 Creative Corrections, LLC (Rev. 12/8/07)

rt:

SIGNIFICANT INCIDENT SUMMARY WORKSHEET
In order for Creative Corrections to complete its review of your facility, you must complete the following worksheet prior to your
scheduled review dates. This worksheet must contain data for the past twelve months. We will use this worksheet in conjunction with
the ICE Detention Standards to assess your detention operations with regard to the needs of ICE and its detainee population. Failure
to complete this worksheet will result in a delay in processing this report, and may result in a reduction or removal of ICE detainees
'
from your facility.

IN IDENTS

DESCRIPTION

Assaults

Jul - Sep

Oct - Dec

2007

6 physical

S physical

Assault:
Dclainceon
Staff

2 physical

'2 physical

ophysical

# Times FourlFivc Point
Restraints AppliedlUsed

Offender I Detainee Medical
Referrals as a Result of Injuries

. 'I

Escapes

Grievances

# Received
# Resolved in Favor of
Offend erIDetai nee
Reason (V=Violent, I=fiIness,
S=Suicidc. A=Att~mptcd

Deaths

Su
Psychiatric I Medicnl Referrals
# Psychiatric Cases Referred
for Outside Care

Oral, anal or vaginal penetration or attempted penetration involving at least 2 'parties, whether it is consenting or non-consenting
Routine transportation of detainees/offenders is not considered "forced"
Any incident that involves four or more detainees/offenders, includes gang fights, organized multiple hunger strikes, work stoppages, hostage situations,
major fires, or other large scale incidents

FOR OFFICIAL USE ONLY (LA WENFORCEMENT SENSITIVE)
© 2007 Creative Corrections, LLC (Rev. 12/8/07)

Page 2 of4

DHS/ICE DETENTION STANDARDS REVIEW SUMMARY REpORT
2. DEFICIENT

7.
8.
9.
10.
11 .
12.
13.

22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33 .
34.
35.
36.
37.
38.

3. AT-RISK

4. REPEAT
FINDING

5. NOT
APPLICABLE

Classification System
Correspondence and Other Mail
Detainee Handbook
Food Service
Funds and Personal Property
Detainee Grievance Procedures
Issuance and Exchange of Clothing, Bedding, and Towels
Marriage Requests
Non-Medical Emergency Escorted Trip
Recreation
Religious Practices
V
Work I'r","",,'"

Detention Files
Disciplinary Policy
Emergency Plans
Environmental Health and Safety
Hold Rooms in Detention Facilities
Key and Lock Control
Population Counts
Post Orders
Security Inspections
Special Management Units (Administrative Detention)
Special Management Units (Disciplinary Segregation)
Tool Control
Transportation (Land management)
Use of Force
Staff I Detainee Communication (Added August 2003)
Detainee Transfer

ALL FINDINGS OF DEFICIENT AND AT-RIsK REQIJlRE WRlTTEN COMMENT DESCRIBING THE FINDING AND
WHAT lS NECES ARY TO REACH COMPLlANCE.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
© 2007 Creative Corrections, LLC (Rev. 12/8/07)

Page 3 of4

RIC REvIEW ASSURANCE ~TATEMENT
By SIGNING BELOW, THE REVIEWER-IN-CHARGE (RIC) CERTIFIES THAT:
1.

ALL FINDINGS OF NON-COMPLIANCE WITH POLICY OR INADEQUATE CONTROLS, AND FINDINGS OF NOTEWORTHY
ACCOMPLISHMENTS, CONTAINED IN TillS INSPECTION REPORT, ARE SUPPORTED BY EVIDENCE THAT IS SUFFICIENT AND
RELIABLE; AND
WITHIN THE SCOPE OF THIS REVIEW, THE FACILITY IS OPERATING IN ACCORDANCE WITH APPLICABLE LAW AND POLICY, AND
PROPERTY ANQ... RESOURCES ARE BEING EFFICIENTLY UTILIZED AND ADEQUATELY SAFEGUARDED, EXCEPT FOR ANY
DEFICIENCIES NOTED IN THE REPORT.

. .•·REVlliwER~~N~CHARGE
(Print Name)

S
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Reviewerin Char e

,'-',

Print Name, Title, & Duty Location
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, SME - Medical

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Print Name, Title, & Duty Location
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SME - Safety

Print Name, Title, & Duty Location

, SME - Food Service

RECOMMENDED RATING:

,',/ .

Print Name, Title, & Duty Location

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SME - Security

D SUPERIOR
DGOOD
[8J ACCEPTABLE
DEFICIENT
OAT-RISK

COMMENTS: The Stewart Detention Center (SDC) had one "Escape from Other Custody" since the last review. Detainee b6,b7c
was among 34 detainees taken to the EI Salvadoran Consulate in Woodstock, Georgia, on February 20, 2008. ICE
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instructed SDC staff to have the detainees wear civilian clothes and the EI Salvadoran Consulate required that the detainees be
unrestrained while in the consulate. Groups of detainees were taken into the consulate lobby to wait for their interviews. The lobby is
open to the public and there were 30 - 40 other immigrants in the lobby waiting to speak with EI Salvadoran Officials. Detainee
was able to walk away from the consulate after his interview without being challenged. The SDC no longer provides
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transportation for consulate visits. The SDC contracted with Transcor to provide detainee transportation in March 2008. All proper
security protocols regarding detainee transportation/escorts were followed during this review.
There was one detainee death since the last review. A 51 year old detainee was transferred to the SDC by another facility and arrived
on December 31, 2007. Following his medical examination, he was taken to a local hospital for further evaluation of congestion and
coughing. It was determined that he had lung cancer and he remained in the hospital for radiation therapy. He died of lung cancer in
the local hospital on January 29,2008. A review of this case found that all protocols, procedures, and notifications were followed.
The SDC does not authorize the use of Tasers in their facility.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
© 2007 Creative Corrections, LLC (Rev. 12/8/07)

Page 4 of4

HEADQUARTERS EXECUTIVE REVIEW

I Review Authority
The signature below constitutes review of this report and acceptance by the Review Authority. OIC/CEO will have 30 days from
receipt of this report to respond to all findings and recommendations.
HQDRO EXECUTNE REVIEW: (Please Print Name)
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Title

Actin Chief

Final Rating:

Comments:

Superior
Good
[8J Acceptable
Deficient
OAt-Risk
No Rating

o
o
o

The Review Authority concurs with the "Acceptable" rating. A plan of action is required to address the
deficiency identified in the Access to Medical Care Standard.

Form CC-324A

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

Creative Corrections ·
6415 Calder, Suite B
Beaumont, Texas 77706

Condition of Confinement Review Worksheet
(This document must be attached to each Inspection Form)
This Form to be used for Inspections of Facilities used longer than 72 Hours

reative
corrections
.

Detention Review Worksheet

o
o
ks;]

Local Jail- IGSA
State Facility - IGSA
ICE Contract Detention Facility

Name
Stewart Detention Center
146 CCA Road
Lumpkin, Georgia 31815
County
Stewart
Name and Title of Chief Executive Officer (Warden/OIC/Superintendent)
Warden
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Name and Title of Reviewer-In-Charge
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Date[s] of Review
May 13 - 15} 2008
Type of Review

r;BJHeadquarters

D Operational

DSpecial Assessment

OOther

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
(:) 2007 Creative Corrections, LLC (Rev. 12/8/07)

TABLE OF CONTENTS
SECTION I. LEGAL ACCESS STANDARDS .............................................................................................................................. 3
ACCESS TO LEGAL MATERIALS ......... : ...................................................................................................................................... .
GROUP PRESENTATIONS ON LEGAL RIGHTS .............................................................................................................................. .
VISITATION .............................................................................................................................................................................. ..
ACCESS TO TELEPHONES ........................................................................................................................................................... .
SECTION II. DETAINEE SERVICES STANDARDS ................................................................................................................. 11
ADMISSION AND RELEASE ........................................................................................................................................................ .
CLASSIFICATION SySTEM ......................................................................................................................................................... .
CORRESPONDENCE AND OTHER MAIL. ............................. , ............................................................................................. """"'"
DETAINEE HANDBOOK ............................................................................................................................................................. .
FOOD SERVICE .......................................................................................................................................................................... .
FUNDS AND PERSONAL PROPERTY .............. ~ ............................................................................................................................ .
DETAINEE GRIEVANCE PROCEDURES ....................................................................................................................................... .
ISSUANCE AND EXCHANGE OF CLOTHING, BEDDING, AND TOWELS ....................................................................................... ..
MARRIAGE REQUESTS ............................................................................................................................................................. ..
NON-MEDICAL ESCORTED TRIPs ..................................... ~ ........................................................................................................
RECREATION ............................................................................................................................................................................ ..
RELIGIOUS PRACTICES ............................................................................................................................................................ ..
VOLUNTARY WORK PROGRAM ................................................................................................................................................ ..
SECTION III. HEALTH SERVICES STANDARDS ................................................................................................................... 35
HUNGER STRIKES ..................................................................................................................................................................... .
MEDICAL CARE ........................................................................................................................................................................ .
SmCIDE PREVENTION AND INTERVENTION .............................................................................................................................. .
TERMINAL ILLNESS, ADVANCED DIRECTIVES.AND DEATH .................................................................................................... ..
SECTION IV. SECURITY AND CONTROL STANDARDS ......................................................................................................... 44
CONTRABAND ......................................................................................................................'..................................................... .
DETENTION FILES ..................................................................................................................................................................... .
DISCIPLINARY POLICY .............................................................................................................................................................. .
EMERGENCY PLANS .................................................................................................................................................................. .
ENVIRONMENTAL HEALTH AND SAFETY .................................................................................................................................. .
HOLD ROOMS IN DETENTION FACILITIES ................................................................................................................................ ..
KEy AND LOCK CONTROL ........................................................................................................................................................ .
POPULATION COUNTS ............................................................................................................................................................... .
POST ORDERS ........................................................................................................................................................................... .
SECURITY INSPECTIONS ............................................................................................................................................................ .
SPECIAL MANAGEMENT UNIT (ADMINISTRATIVE SEGREGATION) .......................................................................................... ..
SPECIAL MANAGEMENT UNIT (DISCIPLINARY SEGREGATION) ............................................................................................... ..
TOOL CONTROL .............................................................................................................................................. , ...................... , .. .
TRANSPORTATION (LAND) ....................................................................................................................................................... .
USE OF FORCE .......................................................................................................................................................................... .
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, INCLUDINQ THOSE STANDARDS WHERE AN OVERALL FINDING OF ACCEPTABLE WAS ACHIEVED.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
© 2007 Creative Corrections, LLC (Rev. 12/8/07)

Page 2 of 77

SECTION I. LEGAL ACCESS STANDARDS

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
© 2007 Creative Corrections, LLC (Rev. 12/8/07)

Page 3 of77

ACCESS TO LEGAL MATERIALS
POLICY: ,FACILITIES HOWING ICE DETAINEES SHALL PERMIT DETAINEES ACCESS TO A LAW LIBRARY, AND PROVIDE LEGAL MATERIALS,
FACILITIES, EQUIPMENT, DOCUMENT COpyiNG PRIVlLEGES;AND THE OPPORTUNITY TO PREPARE LEGAL DOCUMENTS.
COMPONENTS

The facility provides a designated law library for detainee use.

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 library.
The library contains a sufficient number of chairs, is well lit, and is
reasonably isolated from noisy areas.
The law library is adequately equipped with typewriters and/or
computers, and has sufficient supplies for daily use by the detainees.
In addition to the physical law library, detainees have access to the Lexus
Nexus electronic law library.
Where provided, the Lexus Nexus library is updated and is current.

Outside persons and organizations are permitted to submit published legal
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 nQl reQuired tQ forego I3<creation time in liey of libr!!ry
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 days.
Detainees are permitted to assist other detainees, voluntarily and free of
charge, in researching and preparing legal documents, consistent with
security.
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 legal
materials are accessible within 24 hours of a written request.
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.

REMARKS

The Law Library is located in
the administrative area of Unit
3.

A review of the Lexis Nexis
program found it to be current
and in good working order.

No requests have been made to
date.

The Law Library is well lit with
several tables and chairs.
The Law Library contains seven
computers with printers and a
copy machine.

The Law Librarian maintains a
sign-in book which indicates
that an ICE representative
makes regular visits to the Law
Library.

Detainees are allowed to visit
the Law Library for two hours at
a time, three times per week.

O·

L8J

[]

There is a bi-lingual detainee
assigned as the Law Library
Clerk who assists other
detainees.

The Law Librarian makes
rounds in the Special Housing
Units on Thursdays. Detainees
in Special Housing make written
request for legal material as
needed.

FOR OFFICIAL USE ONL Y (LA W ENFORCEMENT SENSITIVE)
© 2007 Creative Corrections, LLC (Rev. 12/8/07)

Page 4 of77

· ACCESS TO LEGAL MATERIALS

POLICY: FACILITm~ HOLDING ICE DETAlNEESSHALLPERMlT DETAINEES ACCESS TO. A LAW LffiRARY, AND PROVIDE LEGAL MATERIALS,
FACILITmS, EQUIPMENT, DOCUMENT COPYING PRIVILEGES, AND THE OPPORTUNITY TO PREPARE LEGAL DOCUMENTS.
Y
N
NA
REMARKS .
COMPONENTS
There have been no denials to
Facility staff infonns ICE Management when a detainee or group of
~
0
0
detainees is denied access to the law library or law materials.
date.
Detainees who seek judicial relief on any matter are not subjected to
~
0
0
reprisals, retaliation, or penalties.
~ ACCEJ,>TABLE

DEFICIENT

ATMRIsK

REPEAT FINDING

REMARKS:

The Law Library is well equipped and managed by a full time Law Librarian. Detainees are scheduled for the Law Library based on
their written request. Detainees are not scheduled for the Law Library during their outside recreation period.

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I May 15,2008

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AUDITOR'S SIGNATURE fDATE

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
02007 Creative Corrections, LLC (Rev. 12/8/07)

Page 5 of77

GROUP LEGAL RIGHTS PRESENTATIONS
POLICY:

FACILITIES HOUSING ICE DETAINEES SHALL PERMIT AUTHORIZED PERSONS TO MA.K.8 PRESENTATIONS TO GRO\1PS OF DETAINEES FOR

TIm PURPOSE OF INFORMING THEM OF U.S. IMMIGRATION LAW AND PROCEDURES, CONSISTENT WITH THE SECURITY AND ORDERLY OPERATION

OF EACH FACILITY. ICE ENCOURAGES SUCH PRESENTATIONS, WHICH INSTRUCT DETAINEES ABOUT THE IMMIGRATION SYSTEM AND THEIR
RIGHTS AND OPTIONS WITHIN IT.
-

IZI CHECK 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.
COMPQNENTS

The Field Office is responsive to requests by attorneys and accredited
representatives for group presentations.
Upon receipt of concurrence by the Field Office Director, the facility or
authorized ICE Field Office ensures timely and proper notification to
attorneys or accredited representatives.
The facility follows policy and procedure when rejecting or requesting
modifications to objectionable material provided or presented by the
attorney or accredited representative.
Posters announcing presentations appear in common areas at least 48
hours in advance and sign-up sheets are available and accessible.
Documentation is submitted and maintained when any detainee is denied
permission to attend a presentation and the reason(s) for the denial.
When the number of detainees allowed to attend apresentation is limited,
the facility provides a sufficient number of presentations so that all
detainees signed up may attend.
Detainees in segregation, unable to attend for security reasons, may
request separate sessions with presenters. Such requests are documented.
Interpreters are admitted when necessary to assist attorneys and other
legal representatives.
Presenters are afforded a minimum of one hour to make the presentation
and to conduct a question-and-answer session.
Staff permits presenters to distribute ICE-approved materials.
Presenters are permitted to meet with small groups of detainees to discuss
their cases after the group presentation. ICE or authorized detention staff
is present but do not monitor conversations with legal providers.
Group presenters who have had their privileges suspended are notified in
writing by the Field Office Director or designee; and the reasons for
suspension are documented. The Headquarters Office for Detention and
Removal, Field Operations and Detention management Division, is
notified when a group or individual is suspended from making
presentations.
The facility plays ICE-approved videotaped presentations on legal rights
at regular opportunities, at the request of outside organizations.
A copy of the Group Legal Rights Presentation policy, including
attachments is available to detainees upon request

[8J ACCEPTABLE

DEFICIENT

YES

0
[J

OAT-RISK

REMARKS

REPEAT FINDING

REMARKS:

The Stewart Detention Center has not received any requests for group legal presentations to date. The facility does show the video
"Know Your Rights" to the detainee popUlation three times per week.

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I May 15.2008

AUDITOR'S SIGNATURE 1DATE

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Page 6 of77

VISITATION
POLICY: ICE SHALL PERMIT DETAINEES TO VISIT wrm FAMILY, FRIENDS, LEGAL REPRESENTATIVES, SPECIAL INTEREST GROUPS, ANDTIIENEWS
MEDIA.
REMARKS
COMPONENTS
N
NA
Y
Visitation is addressed on pages
16 and 17 of the detainee
There is a written visitation schedule and hours for general visitation.
D
D
handbook.
The visitation hours tailored to the detainee popUlation and the demand
Visiting hours are from 9:00AM
D
0
for visitation.
to 4:00PM seven days per week.
A visiting booklet is available to
The visitation schedule and rules are available to the public.
D
D the public in the lobby.
The hours for all categories of visitation are posted in the visitation
D
D
waiting area.

IZI

IZI
IZI

A written copy of the rules regulating visitation and the hours of
visitation is available to visitors.

IZI

A general visitation log is maintained.

IZI

The detainees are pennitted to retain personal property items specified
in the standard.

0
0
0

0
D

Visitors are searched and identified according to standard requirements.

IZI
IZI
IZI

The requirement on visitation by minors is complied with.

IZI

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.

IZI

A visitor dress code is available to the public.

After that time, on request, ICE considers a transfer, when possible, to a
facility that will allow minor visitation. At a minimum, monthly visits
are allowed.
Detainees in special housing are afforded visitation.

[8J

0
0

Legal visitation is available seven (7) days a week, including holidays.

On regular business days lega1 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.

[8J

On regular business days, detainees are given the option of continuing a
meeting with a legal representative through a scheduled meal.

[8J

A visiting booklet is available to
the public in the lobby .
.All visitors sign in and complete
a visitor's log which is kept on
file.

All visitors must clear a metal
detector in the lobby.
Children under the age of 16 are
allowed to visit with an
approved adult
Children under the age of 16 are
allowed to visit with an
approved adult.
Children under the age of 16 are
allowed to visit with an
approved adult.

Private consultation rooms are available for attorney meetings. There is
a mechanism for the detainee and hislher representative to exchange
documents.

IZI

There are written procedures governing detainee searches.

IZI

When strip searches are required after every contact visit with a legal
representative, the facility provides an option for non-contact visits with
legal representatives.

[8J

There are three non-contact
attorney visiting rooms with
pass through slots for the
exchange of legal material.
Detainees are pat searched
before and after each visit.
Detainees are pat searched
before and after each visit.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
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Page 7 of 77

VISITATION
POlley: ICE SHALL PERMIT DETAJNEES TO VISIT wmI FAMILY, FRIENDS, LEGAL REPRESENTATIVES, SPECIAL INTEREST GROUPS, AND TIlE NEWS
MEDIA.

Prior to each visit, legal service providers and assistants are identified
per the standard.

[gJ

The current list ofpro bono legal organizations is posted in the detainee
housing areas and other appropriate areas.

[gJ

The decision to pennit or deny a tour is not delegated below the level of
Field Office Director.

[gJ

Provisions for NGO visitation, as stated in the Detention Standards, are
complied with.

[gJ

Law enforcement officials who request to visit with a detainee are
referred to the ICE Field Office for approval.

[gJ

Fonner detainees or aliens in proceedings, requesting to visit with a
detainee, are referred to the OIC or ICE Field Office.

[gJ

Procedures are in place, consistent with the detention standard, for
examinations by independent medical service providers and experts.

[gJ

~ ACCEPTABLE

o DEFICIENT

AT-RIsK

Lobby Officers ensure that the
attorney has a bar card.
Pro Bono legal organizations are
posted in all units and have been
installed into the telephone
speed dialing program.

No requests have been received
to date.

o REPEAT FINDING

REMARKS:

The Stewart Detention Center provides non-contact visiting for the detainees. There are five visiting booths for social visits and three
private consultation rooms for legal visits. Detainees can receive up to five visitors at a time including children. Detainees are allowed
one hour of visiting per week with additional time if approved by the Chief of Security due to special circumstances.

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1 May 15, 2008

AUDITOR'S SIGNATURE 1DATE

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Page 8 of 77

DETAINEE TELEPHONE ACCESS
POLICY: ALL FACILITIES HOVSING ICE DETAINEES WILL PERMIT DETAINEES' REASONABLE AND EQUITABLE ACCESS TO TELEPHONES.
COMPONENTS

Detainees are allowed access to telephones during established facility
waking hours.

t81

Upon admittance, detainees are made aware of the facility's telephone
access policy.

t81

Access rules are posted in housing units.

The facility makes a reasonable effort to provide key information to
detainees in languages spoken by any significant portion ofthe facility's
population.

t81

Telephones are provided at a minimum ratio of one telephone per 25
detainees in the facility population. .

Telephones are inspected regularly by facility 8taffto ensure that they
are in good working order.

The facility administration promptly reports out-of-order telephones to
the facility's telephone service provider.

The facility administration monitors repair progress and takes
appropriate measures to ensure that required repairs are begun and
completed timely.

Detainees are afforded a reasonable degree a/privacy for legal phone
calls.

t81

A procedure exists to assist a detainee who is having trouble placing a
confidential call.

t81

The facility provides the detainees with the ability to make non-coUect
(special access) calls.

Special Access calls are at no charge to the detainees.

t81

I2?J

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.
In facilities unable to fully meet this requirement initially because of
limitations ofits 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 Lisf'.
Special arrangements are made to allow detainees to speak by telephone
with an immediate family member detained in another Facility.

REMARKS

Telephones are available to
detainees during waking hours
with the exception of count
time.
Detainees' access to telephones
is addressed in the detainee
handbook on pages 11-14.
Telephone rules are posted in all
units in both English and
Spanish.

The facility exceeds this
minimum ratio in all housing
units.
All phones are checked on a
monthly basis.
The facility has a good working
relationship with their provider,
Securus/Evercom.

Unit Management staff assist
detainees who have trouble
placing a legal call.
Pro bono legal calls and calls to
Consulate Offices are installed
into the speed dial program and
are at no charge to the detainee.
Pro bono legal calls and calls to
Consulate Offices are installed
into the speed dial program and
are at no charge to the detainee.

Handled by assigned ICE case
agent.

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Page 9 of77

DETAINEE TELEPHONE ACCESS
POLlCY: ALL FACILITIES HOUSING ICE DETAINEES WILL PERMIT DETAINEEs' REASONABLE AND EQUITABLE ACCESS TO TELEPHONES.
Y

COMPONENTS

I2?J

IZl
IZl
IZl

0
0
0

IZl

Detainees in disciplinary segregation are allowed phone calls to
consular/embassy officials.

IZl

Detainees in disciplinary segregation are allowed phone calls for family
emergencies.
Detainees in administrative detention and protective custody are
afforded the same telephone privileges as those in general ",-opulation.
When detainee phone calls are monitored, notification is posted by
detainee telephones that phone calls made by the detainees may be
monitored. Special Access calls are not monitored.

IZl

Any telephone restrictions are documented.
The facility has a system for taking and delivering emergency detainee
telephone messages.
Emergency phone call messages are immediately given to detainees.
Detainees are allowed to return emergency phone calls as soon as
possible.
Detainees in disciplinary segregation are allowed phone calls relating to
the detainee's immigration case or other legal matters, including
consultation calls.

r8J ACCEPTABLE

DDEFICIENT

IZl

D AT-RISK

'REMARKS

Phone restrictions are
documented and approved by
ICE.

Portable phones are available to
detainees in the special housing
unit.
Consulate numbers have been
installed in the speed dialing
program in all detainee phones.

The phone numbers to detainee
attorneys are removed from the
monitoring program by staff in
the Special Services Unit.

D REPEAT FINDING

REMARKS:

The Stewart Detention Center has recently purchased two Text Telephones for the Hearing Impaired. Training has been provided for
17 staff which will give telephone access to all future detainees who are hearing impaired.

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/ May 15.2008

AUDITOR'S SIGNATURE / DATE

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SECTION II. DETAINEE SERVICES STANDARDS

FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE)
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Page 11 of77

ADMISSION AND RELEASE
POllCY: ALL DETAINEES WlLL BE ADMlTIED AND RELEASED IN A MANNER lHAT ENSURES THEIR HEALTH, SAFETY, AND WELFARE. THE
ADMISSIONS PROCEDURE WlLL, AMONG OTHER THINGS INCL~E: MEDICAL SCREENING; A FlLE-BASED ASSESSMENT AND CLASSIFICATION
. PROCESS; A BODY SEARCH; AND A SEARCH OF PERSONAL BELONGINGS, WHICH WlLL BE INVENTORIED, DOCUMENTED, AND SAFEGUARDED AS
NECESSARY.

COMPONENTS

In-processing includes an orientation of the facility. The orientation
includes: Unacceptable activities and behavior, and corresponding
sanctions; How to contact ICE; The availability of pro bono legal
services, and how to pursue such services; schedule of programs,
services, daily activities, including visitation, telephone usage, mail
service, religious programs, count procedures, access to and use of the
law library and the general library; sick-call procedures, and the
detainee handbook.
Medical screenings are performed by medical staffQ! persons who have
received specialized training for the purpose of conducting an initial
health screening.
Each new arrival is classified according to criminal history and threat
levels. Criminal history is provided for each detainee by the ICE field
office.
All new arrivals are searched in accordance with the "Detainee Search"
standard. An officer of the same sex as the detainee conducts the search
and the search is conducted in an area that affords as much privacy as
possible.

Detainees are stripped searched only when cause has been established
and not as routine policy. Non-criminal detainees are not strip-searched
but are patted down unless reasonable suspicion is established.
The "Contraband" standard governs all personal property searches.
1GSAs/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 charged for
these items.
All releases are properly coordinated with ICE using a Form 1-203.
Staff completes paperwork/forms for release as required.

[8J ACCEPTABLE

DDEFIClENT

REMARKS

!8l

The facility has a
comprehensive handbook which
is printed in both English and
Spanish. An orientation video is
shown to the detainee
population on a daily basis.
Performed by PHS staff in the
Receiving and Discharge Unit
.
(R&D).
The initial classification is done
by intake officers utilizing
documentation provided by ICE.
Detainees are pat searched by
intake officers upon arrival.
Detainees are not strip searched
unless there is reasonable
suspicion that the detainee is in
possession of contraband, which
is a threat to the facility.

The facility uses CCA form 96A, Chain of Custody, and has a
contraband log book in R&D.
Intake Officers complete 1-387,
ICE Property Claim Form which
is forwarded to ICE and the
Shift Supervisor.
In addition to the normal issue,
detainees are given jackets in
cooler weather.

!8l

Hygiene items are issued to all
detainees in R&D.

!8l

All releases are coordinated by
local ICE staff.

18]

[]

OAT-RISK

o REPEAT

FINDING

REMARKS:
ICE detainees are not strip searched at the Stewart Detention Center unless there is reasonable suspicion that the detainee is in
possession of contraband, which is a threat to the facility. In addition to reviewing ICE documentation, R&D staff conducts a face-toface interview with detainees to determine if there is any immediate security, medical, or mental health issues.
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/May 15.2008

AUDITOR'S SIGNATURE I DATE

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Page 120f77

CLASSIFICATION SYSTEM
POLICY: ALL FACILITIES WILL DEVELOP. AND IMPLEMENT A SYSTEM ACCORDING TO WHICH ICE DETAINEES ARB CLASSIFIED. THE
CLASSIFICATION SYSTEM wlli ENSURE THAT EACH DETAINEE IS PLACED IN THE APPROPRIATE CATEGORY, PHYSICALLY SEPARATED FROM
DETAINEES IN OTHER CATEGORIES
COMPONENTS

The facility has a system for classifying detainees. In CDFs and IGSAs,
an Objective Classification System or similar is used.

The facility classification system includes:
• Classifying detainees upon arrival;
• Separating from the general popUlation those individuals who
cannot be classified upon arrival; and
• The first-line supervisor or designated classification specialist
reviewing every classification decision.

The intake/processing officer reviews work-folders, A-files, etc;, to
identify and classify each new arrival.
Staff uses only information that is factual, and reliable to determine
classification assignments. Opinions and unsubstantiated! unconfirmed
reports may be filed but are not used to score detainees classifications.
Housing assignments are based on classification-level.

A detainee's classification-level does not affect his/her recreation
opportunities. Detainees recreate with persons of similar classification
designations.
Detainee work assignments are based upon classification designations.

t8I

The classification process includes reassessment/reclassification. At
IGSA's, detainees may request reassessment 60 days after arrival.

Procedures exist for a detainee to appeal their classification assignment.
Only a designated supervisor or classification specialist has the authority
to reduce a classification-level on appeal.

. REMARKS

The Stewart Detention Center
utilizes CCA policy 18-1,
Internal Classification
Assessment System (ICAS).
Initial classification is made
utilizing documentation
provided by ICE. In addition,
intake officers complete an
Intake Screening Questionnaire
by interviewing the detainee.
This assists the facility in
determining any initial custody
concerns and special needs
required to make an appropriate
housing assignment.

Detainees are initially housed
based on a classification level
assigned by ICE (1,2, or 3).
Level 1IS are not housed with
leveI3 ' s. The facility classifies
the detainees by CCA policy
(ICAS) within 72 hours of
arrival.

High security detainees are not
assigned to work with low
security detainees. The majority
of the work assignments off the
housing unit i.e. Food Service,
are performed by low security
detainees.
Classification reassessment is
conducted when new or
additional information is
received that will affect scoring
factors. Detainees may appeal
their classification within 10
days of their classification.
Classification appeals are
reviewed by the Classification
Supervisor.

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Page 13 of77

· CLASSIFICATION SYSTEM
POLICY: ALL FACILITIES WILL DEVELOP AND IMPLEMENT A SYSTEM ACCORDING TO WHICH ICE DETAINEES ARE CLASSIFIED. THE
CLASSIFICATION SYSTEM WILL ENSURE THAT EACH DETAINEE IS PLACED IN THE APPROPRIATE CATEGORY, PHYSICALLY SEPARATED FROM
DETAINEES IN OTHER CATEGORIES
COMPONENTs
REMARKS
Y
N
NA

Classification appeals are resolved within five business days and
detainees are notified of the outcome within 10 business days.
Classification designations may be appealed to a higher authority, such
as the Warden or equivalent.

The Detainee Handbook or equivalent for IGSAs explains the
classification levels, with the conditions and restrictions applicable to
each.

[gJ ACCEPTABLE

DEFICIENT

181

OAT-RISK

Decisions by the Classification
Supervisor may be appealed to
the Assistant Warden who is the
[mal review authority.
The classification system is
explained on pages 5 and 6 of
the detainee handbook.
REPEAT FINDING

REMARKS:

The Stewart Detention Center is converting to the new CCA classification system (policy 18-1) which takes effect on May 30, 2008.
The facility is currently using the new ICAS classification module and all detainees are classified within three days of arrival. This
classification overrides the initial classification done in R&D during intake.

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/ May 15. 2008

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

Page 14 of77

CORRESPONDENCE AND OTHER MAIL
POLICY: ALL FACILITIES WILL ENSURE THAT DETAlNEES SEND AND RECEIVE CORRESPONDENCE IN A TIMELY MANNER, SUBJECT TO
LIMITATIONS REQUIRED FOR THE SAFETY, SECURITY, AND ORDERLY OPERATION OF TIrnFAClLITY. OTIffiRMAIL WILL BE PERMITTED, SUBJECT TO
THE SAME LIMITATIONS. EACH FACILITY WILL WIDELY DISTRIBUTE ITS GUIDELINES CONCERNING CORRESPONDENCE AND OTHER MAIL.
COMPONENTS
REMARKS
YES
No
NA
The rules for correspondence and other mail are posted in each housing
The rules for correspondence
or common area, or provided to each detainee via a detainee handbook.
are noted on pages 19 and 20 of
[8]
0
0 the detainee handbook. They
are also posted on the detainee
bulletin boards.
The facility provides key information in languages other than English; In
The detainee handbook and
the language(s) spoken by significant numbers of detainees. List any
correspondence procedures are
[8]
0
0 printed in both English and
exceptions.
Spanish.
Incoming mail is distributed to detainees within 24 hours or 1 business
Incoming mail is picked up at
day after it is received and inspected.
the Lumpkin, GA post office at
Monday through
[8]
0
D 9:30AM
Friday. The mail is delivered to
the detainees by Unit Staff after
lunch the same day.
Outgoing mail is delivered to the postal service within one business day
Outgoing mail is collected at
of its entering the internal mail system (excluding weekends and
8:00AM Monday through
[8]
holidays).
Friday
and taken to the
0
D
Lumpkin, GA post office at
9:30AM the same day.
Staff does not open and inspect incoming general correspondence and
The Warden has authorized the
other mail (including packages and publications) without the detainee
opening of incoming general
[8]
D
D correspondence
present unless documented and authorized in writing by the Warden or
for the
equivalent for prevailing security reasons.
inspection of contraband.
Staff does not read incoming general correspondence without the
(gJ
D
D
Warden's prior written approval.
Staff does not inspect incoming special Correspondence for physical
Mail room staff notifies unit
contraband or to verity the "special" status of enclosures without the
staff that a detainee has special
detainee present.
correspondence.
Unit staff
(gJ
0
D accompanies the detainee
to the
mail room where it is opened in
his presence.
Staff is prohibited from reading or copying incoming special
(gJ
0
D
correspondence.
Staff is only authorized to inspect outgoing correspondence or other mail
without the detainee present when there is reason to believe the item
Outgoing correspondence is
(8J
0
D sealed
might present a threat to the facility's secure or orderly operation,
by the detainee.
endanger the recipient or the public or might facilitate criminal activity.
Correspondence to a politician or to the media is processed as special
(8J
0
D
correspondence and is not read or copied.
The official authorizing the rejeCtion of incoming mail sends written
Mail Room staff complete CCA
notice to the sender and the addressee.
form 16-1A,
Correspondence/Package/
(gJ
0
D Contraband Denial, in triplicate.
The detainee and sender receive
a copy. The third copy is filed
in the mail room.
The official authorizing censorship or rejection of outgoing mail provides
(gJ
0
D
the detainee with si~ed written notice.

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Page 15 of77

CORRESPONDENCE AND OTHER. MAIL
.
POLICY: ALL FACll.,ITIES WILL ENSURE THAT DETAINEES SEND AND RECEIVE CORRESPONDENCE INA TIMELY MANNER, SUBJECT TO

LIMITATIONSREQUIREDFORTHESAFETY,SECURITY,ANDORDERLYOPERATIONOFTHEFACILITy.oTIrnRMAILWILLBEPERMITTED,SUBJECTTO
THE SAME LIMITATIONS. EACH FACILITY WILL WIDELY DISTRIBUTE ITS GUIDELINES CONCERNING CORRESPONDENCE AND OTHER MAIL.
CCA form 9-6C, Confiscation
Staff ma~tains a written record of every item removed rt:om detainee
and Disposition of Contraband
mail.
0
0
t8J
is used for this purpose.
The Warden or .equivalent monitors staff handling of discovered
CCA form 9-6A, Chain of
contraband and its disposition. Records are accurate and up to date.
Custody Form is used for this
purpose. A review of the
0
0
t8J
records found them to be
accurate and up to date.
The procedure for safeguarding cash removed from a detainee protects
The Stewart Detention Center
the detainee from loss offunds and theft. The amount of cash credited to
does not deposit funds received
into detainee's accounts. All
detainee accounts is accurate. Discrepancies are documented and
investigated. Standard procedure includes issuing a receipt to the
funds are sent to an off-site lock
0
t8J
0
detainee.
box. Detainee Money Deposits
is addressed on pages 8 and 9 of
the detainee handbook.
Original identity documents (e.g., passports, birth certificates) are
Original identity documents are
logged into the Offender
immediately removed and forwarded to ICE staff for placement in At8J
0
0
files.
Management System (OMS) and
turned over to local ICE staff.
Staff provides the detainee a copy ofhislher identity document(s) upon
The detainee receives a receipt
request.
from the mail room advising
him that arr identity document
has been received. The
document is turned over to local
0
t8J
0
ICE Officials who will verity
that it is true and correct. Once
verified, a copy is forwarded to
the detainee.
Staff disposes of prohibited items found in detainee mail in accordance
with the "Control and Disposition of Contraband" Standard or the similar
0
t8J
0
prevailing policy in IGSAs.
Every indigent detainee has the opportunity to mai~ at government
Indigent detainees are allowed
expense, reasonable correspondence about a legal matter, in three one
to mail out three personal and
t8J
0
0
ounce letters per week and packaj!;es deemed necess!lIY by ICE.
five legal letters per week.
The facility has a system for detainees to purchase stamps and for mailing.
Stamps are sold through the
all special correspondence and a minimum of 5 pieces of general
commissary and there is no limit
0
0
t8J
correspondence per week.
to outj!;oinj!; correspondence.
The facility provides writing paper, envelopes, and pencils at no cost to
Indigent detainees receive
rCE detainees.
writing materials from unit staff.
The commissary offers writing
t8J
0
0
materials for sale to nonindigent detainees.

[8J ACCEPTABLE

DDEFICIENT

AT-RISK

D REPEAT FINDING

REMARKS:

Detainee correspondence is processed in a timely and organized manner. The Offender Management System (OMS) is used to log
legal mail and rejected correspondence. Indigent detainees are provided postage for legal and social correspondence in accord with
. this standard.
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May 15. 2008

AUDITOR'S SIGNATURE/DATE

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

Page 16 of 77

DETAINEE HANDBOOK
POLICY: EVERY OlC wni DEVELOP ASrrE-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 V ARIOUS SOURCES, INCLUDING THE FACILITY, ICE, PRIVATE ORGANIZATIONS, ETC. EVERY DETAINEE
WILL RECEIVE ACOpy OF THIS HANDBOOK UPON ADMISSION TO THE FACILITY~
COMPONENTS
Y
N
NA
REMARKS
The detainee handbook is written in English and translated into Spanish,
The Detainee Orientation
or into the next most-prevalent Language(s).
Handbook, dated Feb. 2007, was
~
0
0 revised in March 2008 and is
currently awaiting printing and
distribution.
The handbook is supplemented by the facility orientation video, where
0
~
0 An orientation video is used.
one is provided.
All staff members receive a handbook and training regarding the
During initial orientation, newly
handbook contents.
hired staff receives training
~
0
0 concerning the handbook. In
addition, each new employee
receives a copy of the handbook.
The handbook is revised as necessary and there are procedures in place
~
0
0
for immediately communicating any revisions to staff and detainees.
There an annual review of the handbook by a designated committee or
0
~
0
staff member.
The detainee handbook addresses the following issues:
~
0
0
• Personal Items permitted to be retained by the detainee; and
• Initial issue of clothes, bedding and personal hygiene items .
The detainee handbook states in clear language the basic detainee
detainee responsibilities are
0 Basic
~
0
responsibilities.
stated on pages 3 and 4.
The handbook clearly outlines the methods for classification of
detainees, explains each level, and explains the classification appeals
0
~
0
process.
[]
[J
The handbook states when a medical examination will be conducted.
l8J
The handbook describes the facility! housing units, dayrooms, in-dorm
~
0
0
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, ifauthorized, clothes
~
0
0
washing and drying procedures, and expected personal hygiene
practices.
The handbook describe times and procedures for obtaining disposable
razors, and allows that detainees attending court will be afforded the
0
~
0
opportunity to shave first.
The handbook describes barber hours and hair cuttin~ restrictions.
~
0
0
The handbook describes the telephone policy; debit card procedures;
direct and free calls; locations of telephones; policy when telephone
~
0
0
demand is high' and policy and procedures for emergency phone calls.
The handbook addresses religious programming.
~
0
0
The handbook states times and procedures for commissary or vending
~
0
0
machine usage where available.
The handbook describes the detainee voluntary work program.
The voluntary work program is
~
0
0 addressed
in page 15.
The handbook describes the library location and hours of operation, and
~
0
0
law library procedures and schedules.
The handbook describes attorney and regular visitation hours, policies,
~
0
0
and procedures.
The handbook describes the facility contraband policy.
[J
LJ
lZJ

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Page 17 of77

.DETAINEE HANDBOOK
J:lOLICY: EVERY OIC wILL DEVEWP A SITE-SPECIFIC DETAINEE HANDBOOK TO SERVE AS AN OVERVIEW OF, AND GUIDE TO, rr-ffi DETENTION
POLICIES, RULES, AND PROCEDURES IN EFFECT AT THE FACILITY. TIm HANDBOOK WILL ALSO DESCRlBETHESERVICES, PROORAMS, AND
OPPORTUNITIES AVAlLABLE THROUGH VARIOUS SOURCES, INCLuDING THE FACILITY, ICE, PRIVATE ORGANlZATIClNS, ETC. EVERY DETAINEE
WILL RECEIVE A COpy OF THIS HANDBOOK UPON ADMISSION TO THE FACILITY•.
COMPONENTS

The handbook describes the facility visiting hours and schedule, and
visiting rules and regulations.
The handbook describes the correspondence policy and procedures.
The handbook describes the detainee disciplinary policy and procedures,
including:
• Prohibited acts and severity scale sanctions;
• Time limits in the Disciplinary Process; and
• Summary of the Disciplinary Process.
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.
• Staff/detainee 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 the
Department of Homeland Security.
The detainee handbook describes the medical sick call procedures for
general population and segregation.
The handbook describes the facility recreation policy including:
• Outdoor recreation hours.
• Indoor recreation hours.
The handbook describes the detainee dress code for daily living; and
work assignments.
The handbook specifies the rights and responsibilities of all detainees.

[gI

0.--[J

[gI
[gI

[gI

•

[gI ACCEPTABLE

DDEFICIENT

AT-RISK

REMARKS

[]

The handbook encourages
detainees to resolve grievances
informally.

o REPEAT FINDING

REMARKS:

The Stewart Detention Center detainee handbook is well written and comprehensive. Each detainee receives a copy of the handbook
upon admission to the facility and the handbook is translated into Spanish.

I May IS. 2008
AUDITOR'S SIGNATURE I DATE
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Page 18 of 77

FOOD SERVICE
POLICY: EvERY FACILITY WllL PROVIDE DETAINEES IN'rTS CARE WITH NUTRITIOUS AND APPlmZING MEALS, PREPARED IN ACCORDANCE WITH
THE HIGHEST SANITARY STANDARDS.
COMPONENTS

'The food service program is under the direct supervision of a
professionally 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 FSAproVides food service employees with training that specifically
addresses detainee·related issues.
•

o
o

Food Service staff was provided
with training on the ICE Food
Service Standards on November
13,2007.

There are no knives utilized in
the food service department.

Operating procedures include daily searches (shakedowns) of detainee
work areas.

Food Service at the Stewart
Detention Center is provided
under contract with Canteen
Corporation. The Food Service
Director has been Serv·Safe
certified. The Food Service
Director determines the
responsibilities of the staff,
which are outlined in their post
orders.
The Food Service Department's
administrative staff is scheduled
to provide managerial oversight
seven days~er week.

There are no knives utilized in
the food service department.

REMARKS

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. Staffmonitors the condition of knives and dining utensils.
When necessary, special procedures govern the handling offood items
that pose a security threat.

Nutmeg was observed stored in
the dry goods storage area
without being secured and
without any special handling
procedures such as documenting
issuance and inventory..
Note: This was corrected during
the review process. The nutmeg
was properly stored and
inventory procedures were put
in place.
Post Order #7, "Food Service
Officer," requires correctional
officers assigned to Food
Service, to conduct security
checks of the food service
department on an irregular
schedule, but at least once every
30 minutes.

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FOOD SERVICE
POLICY: EVERY FACILITY WILL PROVIDE DETAlNEES IN ITS CARE wITH NUTRITIOUS AND APPETIZING MEALs, PREPARED IN ACCORDANCE wrrn
THE HIGHEST SANITARY STANDARDS.
REMARKS
. COMPONENTS
NA
Y
N

The FSA monitors staff implementation of the facility's population
counts procedures. Staff is trained in count procedures.

The detainees assigned to the food service department look neat and
clean. Their clothing and grooming comply with the "Food Service"
standard.

The FSA annually reviews detainee-volunteer job descriptions to ensure
they are accurate and up-to-date.
The Cook Foreman or equivalent instructs newly assigned detainee
workers in the rules and procedures of the food service department.

During orientation and training session(s), the CS explains and
demonstrates:
• Safe work practices and methods;
• Safety features of individual products/pieces ofequipment; and
• Training covers the safe handling of hazardous material[sJthe
detainees are likely to encounter in their work.

The Cook Supervisor documents all training in individual detainee
detention files.

Detainees at CDFs are paid in accordance with the "Voluntary Work
Program" standard. Detainee workers at IGSAs are subject to local and
state rules and regulations regarding detainee~.
Detainees are served at least two hot meals every day. No more than 14
hours elapse between the last meal served and the first meal of the
following day.

For cafeteria style operations, a transparent "sneeze guard" protects both
the serving line and salad bar line.
The facility has a standard 35-day menu cycle. IGSAs use a 35 day
or similar system for rotating meals.

IZJ

I8J

The contract food service staff
does not conduct the counts in
the food service department.
Correctional officers handle the
count duties. On May 13, 2008,
the 3 p.m. food service count
was observed with no
deficiencies noted.
All detainee volunteers working
in the Food Service Department
were dressed in "food service
whites." Personal hygiene
complies with basic food service
standards.

Training for the detainees on the
rules and procedures of the food
service department is
documented on the 11-1 E
InmatelResident PreAssignment Training Record.
The Pre-Assignment Orientation
Program provides training on
the use of hazardous chemicals,
safe work practices, use of
safety devices, and equipment
training to detainees assigned to
food service. The training is
documented on the 11-1 E
lnmatelResident PreAssignment Training Record.
Inmate training records are
documented in individual files
in the Food Service Director's
office.

At least two hot meals are
served daily. No more than 14
hours elapse between the dinner
meal, which is served at 4: 15
pm, and the breakfast meal
which is served at 5:00 am.

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FOOD SERVICE

MEMs, PREPARED IN ACCORDANCE WITH

POLICY: EVERY FACILITY WILL PROVIDE DETAlNEES IN ITS CARE WITH NUTRlTIOUS AND APPETIZING
TIlE lliGHEST SANITARY STANDARDS.
NA
Y
COMPONENTS
N

The FSA or facility considers the ethnic diversity of the facility's
detainee population when developing menu cycles (Provide
examples).

A registered dietitian conducts a complete nutritional analysis of every
master-cycle menu planned.
The FSA has established procedures to ensure that items on the mastercycle menu are prepared and presented according to approved recipes.
The Cook Foreman has the authority to change menu items ifnecessary.
• If yes, documenting each substitution, along with its
justification
• With copy to FSA

All staff and volunteers know and adhere to written "food preparation"
procedures.
Detainees whose religious beliefs require the adherence to particular
religious dietary laws are referred to the Chaplain or FSA.
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 prepare the common-fare diet items.

I3J

[8]

I3J

[8]

A supervisor at the command level must approve a detainee's removal
from the Common-Fare Program.

The Warden, in conjunction with the chaplain and/or local religious
leaders, provides the FSA a schedule of the ceremonial meals for the
following calendar year.

[8]

REMARKS
Items such as Chili Mac,
Enchilada Casserole, Tortillas,
Spanish Rice, Pinto Beans, etc
are programmed into the master
cycle menu in consideration of
the facility's ethnic diversity.

Computerized recipes are
utilized for all prepared menu
items.
Menu substitutions are
documented on the 11-1 B Menu
Substitution Log and forwarded
to the Warden for review and
signature each month. A copy
of the completed lI-lB is
maintained in the Food Service
Department·

The Common Fare menu is not
available to detainees whose
religious dietary requirements
cannot be met on the mainline.
The current religious diet menu
consists of only a one cycle
menu in lieu of the two cycle
menus required by ICE
Standards. Additionally, menus
were not available for the ten
recognized federal holidays.
Note: The additional cycle menu
and the meals for the ten federal
holidays were developed during
the review.
The Common Fare menu is not
utilized to accommodate
detainees whose religious
dietary requirements cannot be
met on the mainline; however,
command level staff is required
to approve a detainee's removal
from the religious diet program
currently bein~ utilized.
The Food Service Director has
been provided a ten year
calendar of religious holy days.

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Page2lof77

FOOD SERVICE

POLICY: EVERY FACILITY WILL PROVIDE DETAINEES IN ITS CARE WITH NUTRITIOUS AND APPETIZING MEALS, PREPARED IN ACCORDANCE wrrn
THE HIGHEST SANITARY STANDARDS.
NA
REMARKS
N
COMPONENTS
Y

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.

•

[8J

The food service program addresses medical diets.

Satellite-feeding programs follow guidelines for proper sanitation.
Hot and cold foods are maintained at the prescribed, "safe"
temperature(s) while being served.

~
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 equipment
Everyone working in the food service department complies with food
safety and sanitation requirements.

The Common Fare menu is not
utilized to accommodate
detainees abstaining from
particular foods or fasting for
religious purposes during the
major religious observances of
their faiths. The facility does,
however, provide detainees
special dietary accommodations
through the use of special food
purchases.
Medical diets are provided upon
written orders of the facility's
medical staff.
Hot and cold foods were
maintained within the prescribed
temperature ranges, and the
meals were served within the
two hour time frame.

[8J

!8l

(]

[]

!2J

•

Standard operating procedures include weekly inspections of aU food
service areas, including dining and food-preparation areas and
equipment.
• Who conducts the inspections?

!2J

[8J

!2J

Standard procedure includes checking and documenting temperatures of
all dishwashing machines after each meal.

!2J

Staff documents the results of every refrigerator/freezer temperature
check.

Equipment is inspected for compliance with health and safety codes and
regulations.
• When was·the most recent inspection?
• Which agency conducted the inspection?
Reports of discrepancies are forwarded to the Warden or designated
department head, and corrective action is scheduled and completed.

The Cook Supervisors conduct
daily sanitation inspections.
The Food Service Director
conducts weekly fIre and safety
inspections and a monthly
inspection is performed by the
Food Service Director, Q&A
Manager, Safety Manager, and
Maintenance Supervisor.
The Food Service Department
was inspected by the Georgia
Department of Health on July
27,2007.

Dish machine temperatures are
documented after each meal.
Staff documents all daily
refrigerator and freezer checks.

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FOOD SERVIC~ .

Pouey: EVERY FACILITY WILL PROVIDE DETAINEES IN ITS CARE WlrnNUTRITIOUS AND APPETIZING MEALS, PREPARED IN ACCORDANCE WITH
TIIE HIGHEST SANITARY STANDARDS.
COMPONENTS
The cleaning schedule for each food service area is conspicuously
posted.
Procedures include inspecting all incoming food shipments for damage,
contamination, and pest infestation.
Storage areas are locked when not in use.

[gJ ACCEPTABLE

o DEFICIENT

{8]

[8]

D
D

[8]

OAT-RISK

REMARKS

o REPEAT FINDING

REMARKS:

Nutmeg was observed stored in the dry goods storage area without being secured and without any special handling procedures.
Note: This was corrected during the review process.
The Common Fare menu is not available to detainees whose religious dietary requirements cannot be met on the mainline. The current
religious diet menu consists of only a one cycle menu in lieu of the two cycle menus required by ICE Standards. Also, menus were not
available for the ten recognized federal holidays.
Note: The additional cycle menu and the meals for the ten federal holidays were developed during the review.
The Common Fare menu is not utilized to accommodate detainees abstaining from particular foods or fasting for religious purposes
during the major religious observances of their faiths.

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/May15,2008

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Page 23 of77

FUNDS AND PERSONAL PROPERTY
POLICY: ALL FACILITIES WILL llvfPLEMENT PROCEDURES TO CONTROL AND SAFEGUARD DETAINEES' PERSONAL PROPERTY. PROCEDURES WILL
PROVIDE FOR mE SECURE STORAGE OF FUNDS, VALUABLES, BAGGAGE AND OTHER PERSONAL PROPERTY; mE DOCUMENTATION AND
RECEIPTING OF SURRENDERED PROPERTY; AND mE INITIAL AND REGULARLY SCHEDULED INVENTORYING OF ALL FUNDS, VALUABLES, AND
OTHER PROPERTY.

STANDARD NA: (lGSA ONLy) CHECK THIS BOX IF ALL ICE DETAINEE FuNDS, VALUABLES AND PROPERTY ARE HANDLED ONLY
BY mE ICE FIELD OFFICE OR SUB-OFFICE IN CONTROL OF THE DETAINEE CASE.
COMPONENTS
YES
NA
No
REMARKS

Detainee funds and valuables are properly separated, stored, and are
accessible only by designated supervisor(s).

Detainees' large valuables are secured in a location accessible to
designated supervisor(s) or processing staff only.
Staff itemizes the baggage and personal property of arriving detainees
(including funds and valuables). For IGSAs and CDFs, using a personal
property inventory_ form that meets the ICE standard?
Staff forwards an arriving detainee's medication to the medical staff.

[]

[1
0

Audits of baggage and non-valuable property occur each quarter and
audits are logged and verified.

Two officers are present during the processing of detainee funds and
valuables during in-processing to the facility. Both officers veritY funds
and valuables.
Staff searches arriving detainees and their personal property for
contraband.
Staff procedures follow written policy for returning forgotten property to
detainees.
Property discrepancies are immediately reported to the CDEO or Chief of
Security.
Staff follows written procedures when returning projle!!y to detainees.
CDFIIGSA facility procedures for handling detainee property claims are
similar with the ICE standard.

Funds and valuables are
separated and stored in secure
areas accessible only by the
facility's Property Officers.

The Property Officer or
designee will confiscate any
medication that the
inmate/resident has in their
possession upon admission. The
Property Officer or designee
will record the medication
received on the 14-6A and will
ensure all medication is
forwarded to the Health Services
Department.
Stewart Detention Center Policy
14.6 requires that quarterly
inventories of detainee baggage
and other non-valuable property
be conducted. There is no
docwnentation that quarterly
audits of property have been
conducted.

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FUNDS AND PERSONAL PROPERTY
POLICY: ALL FAClLlT1ES WILL IMPLEMENT PROCEDURES TO CONTROL AND SAFEGUARD DETAINEES' PERSONAL PROPERTY. PROCEDURES WILL
PROVIDE FOR THE SECURE STORAGE OF FUNDS, VALUABLES, BAGGAGE AND OTHER PERSONAL PROPERTY; THE DOCUMENTATION AND
RECEIPTING OF SURRENDERED PROPERTY; AND THE INITIAL AND REGULARLY SCHEDULED INVENTORYING OF ALL FUNDS, VALUABLES, AND
OTHER PROPERTY.

o STANDARD NA: (IGSA ONLY) CHECK THIS BOX IF ALL leE DETAINEE FuNDS, VALUABLES AND PROPERTY ARE HANDLED ONLY
BY THE ICE FIELD OFFICE OR SUB-OFFICE IN CONTROL OF THE DETAINEE CASE.
The ICE COTR assigned to
The facility attempts to notify an out-processed detainee that he/she left
property in the facility:
SDC stated that the contractual
agreement between ICE and the
• By sending written notice to the detainee's last known address;
Stewart Detention Center
• Via certified mail; and
0
~
0
classifies
forgotten property as .
• The notice state that the detainee has 30 days in which to claim
abandoned property. Therefore,
the property, after which it will be considered abandoned.
forgotten property is forwarded
to ICE for disposition.
The facility disposes of abandoned property in accordance with written
procedures.
0
0
• If a CDFIIGSA facility, written procedure requires the prompt ~
forwarding of abandoned property to ICE.

r8J ACCEPTABLE

o DEFICIENT

OAT-RISK

o REPEAT FINDING

REMARKS
There is no documentation that quarterly inventories of baggage and other non-valuable property has been conducted.

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/ May 15.2008

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DETAINEE GRIEVANCE PROCEDURES
POLICY: EVERY FACILITY WILL DEVELOP AND IMPLEMENT STANDARD OPERATING PROCEDURES (SOPS) FOR ADDRESSING DETAINEE
GRlEVANCES IN TIMELY FASHION. EACH STEP IN THE PROCESS WILL OCCUR WITHIN THE PRESCRIBED TIME FRAME. AMONG OTHER TIllNGS, A
GRIEVANCE WILL BE PROCESSED, INVESTIGATED, AND DECIDED (SUBJECT TO APPEAL) IN ACCORDANCE WITH THE SOPS; A GRIEVANCE
COMMITTEE WILL CONVENE AS PROVIDED IN THE SOPS. STANDARD PROCEDURE WILL INCLUDE PROVIDING THE DETAINEE WITH A WRlTIEN
RESPONSE TO ANY FORM!J- GRJEVANCE, WHICH WILL INCLUDE THE BASIS FOR THE DECISION. Tim FACILITY WILL ALSO ESTABLISH STANDARD
PROCEDURES FOR HANDLING EMERGENCY GRIEVANCES. ALL GRIEVANCES WILL RECEIVE SUPERVISORY REVIEW; REpRISAL AGAINST THE FILER
OF A GRIEVANCE WILL NOT BE TOLERATED.
N
COMPONENTS
Y
REMARKS
NA
Informal and fonnal grievance
Written procedures provide for the informal resolution of oral
grievances (Not mandatory).
procedures are addressed in
0
0 Policy 14-5 (InmatelResident
• If yes, the detainee has up to five days within which to make [8]
Grievance Procedures), dated
his/her concern known to a member of the staff.
Oct. 1,2006.
Detainees have access to the grievance committee (or equivalent in
IGSA), using formal procedures.
• Detainees may seek help from other detainees or facility staff [8]
0
0
when preparing a grievance.
• Illiterate, disabled, or non-English-speaking detainees receive
special assistance when necessary.
Every member of the staff knows how to identifY emergency grievances,
receives training during
[8]
0
0 Staff
including the procedures for expediting them.
initial orientation.
There are documented or substantiated cases of staff harassing,
disciplining, penalizing, or otherwise retaliating against a detainee who
documented or substantiated
[8]
0 No
0
lodged a complaint:
cases were observed.
• If yes explain.
Procedures include maintaining a Detainee Grievance Log.
• If not, an alternative acceptable record keeping system is
maintained.
[8]
0
0
• "Nuisance complaints" are identified in the records.
• For quality control purposes, staff document nuisance
complaints received but not filed.
Staff is required to forward any grievance that includes officer
[8]
0
0
misconduct to a higher official or in a CDFIIGSA facility, to ICE.

!Zl ACCEPTABLE

DEFICIENT

OAT-RISK

o REPEAT FINDING

REMARKS:
The Stewart Detention Center complies with ICE requirements concerning detainee grievance procedures. No deficiencies were found
during the audit.

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/ May 15. 2008
AUDITOR'S SIGNATURE I D

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ISSUANCE AND EXCHANGE OF CLOTHING, BEDDING, AND TOWELS
POLICY: ICE REQUIRES THAT ALL FACILITIES HOUSING ICE DETAINEES PROVIDE CLEAN CLOTHING, BEDDING, LINENS AND TOWELS TO EVERY
ICE DETAINEE UPON ARRlVAL. FURTHER, FACILITIES SHALL PROVIDE ICE DETAINEES WITH REGULAR EXCHANGES OF CLOTHING, LINENS, AND
TOWELS FOR AS LONG AS THEY REMAIN IN DETENTION.

COMPONENTS

YES

The facility has a policy and procedure for the regular issuance and
exchange of clothing, bedding, linens, and towels.
• The supply ofthese 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 pair offacilLty-issued footwear.
Additional clothing is available for changing weather conditions, or as
seasonally appropriate.
New detainees are issued clean bedding, linens, and towels. Theyreceive
at a minimum:
One mattress;
• One blanket;
• Two sheets;
• One pillowcase;
• One towel; and
Additional blankets are issued based on local weather
conditions.
Detainees assigned to special work areas are clothed in accordance with
the requirements of the job.
Detainees are provided clean clothing, linen and towels.
Socks and undergarments - exchanged daily.
• Outer garments - twice weekly.
• Sheets - weekly.
Towels - weekly.
Pillowcases
- weekly.
•
Food service detainee volunteer workers are permitted to exchange outer
garments daily.

•

18J

REMARKS

. The Detainee Orientation
Handbook, dated Feb. 2007,
establishes policy and procedure
for the regular issuance and
exchange of clothing, bedding,
linens and towels.
New detainees receive three
uniforms, three pairs of socks,
three pairs of underwear, and
one pair of shoes.

•

•
•

Volunteer detainee workers are permitted to exchange outer garments
more frequently.

r8J ACCEPTABLE

DEFICIENT

OAT-RISK

Food service volunteer workers
are required to exchange outer
garments daily.

REPEAT FINDING

REMARKS:

The Stewart Detention Center complies with this standard. Upon admission to the facility, detainees receive adequate amounts of
clean clothing, bedding, linens, and towels. In addition, regular exchanges in compliance with ICE requirements are provided.

b6,b7c
I May 15,2008
Auditor's Signature I Date

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Page 27 of 77

.. .

- . ...

MARJ;UA,GK REQUEStS

...

POLICY: ALL DETAINEE MARRIAGE REQUESTS WILL RECEIVEtASE-BY~cASE CONSIDERATION FROM ICE MANAGEMENT.

COMPONENTS

REMARKS

CCA Corporate and Facility
Policy 14-7, InmatelResident
Marriages require that "In
accordance with National
Detention Standards Marriage
Requests, the request for
permission to marry must be
submitted to the facility
administrator. When a detainee
submits a marriage request, ICE
shall be notified and consulted
regarding approval or denial."

The Field Office considers detainee marriage requests on a case-by-case
basis.

The Field Office Director reviews every marriage request rejected by a
Warden/OIC or IGSA. Rejections 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, confrrming marital intent.

The Warden/OIC provides a written copy of his/her decision to the
detainee and hislher legal representative.
When permission is denied, the Warden/OIC states the basis for hislher
decision.

The Warden/OIC provides the detainee with a place and time to make
wedding arrangements.

lSI ACCEPTABLE

DDEFICIENT

l'8J

OAT-RISK

CCA Corporate and Facility
Policy 14-7.5 "InmatelResident
Marriages - Procedures,"
requires that "The
inmate/resident and the intended
spouse must submit, either
jointly or separately, a written
request to marry to the
Warden/Administrator...
CCA Corporate and Facility
Policy 14-7.5 "InmatelResident
Marriages - Procedures,"
requires "The inmate/resident
and the intended spouse must
submit, either jointly or
separately, a written request to
marry to the
Warden/Administrator...

CCA Corporate and Facility
Policy 14-7, InmatelResident
Marriages requires "Ifthe
Warden denies the marriage
request, the specific reason will
be articulated on Form 14-7A
and a copy distributed to the
inmate/resident. "
CCA Corporate and Facility
Policy 14-7, InmatelResident
Marriages requires marriages be
held within the facility.
REPEAT FINDING

REMARKS:

S. tewart Detention Center pol
/ May 15. 2008
AUDITOR'S SIGNATURE/DATE

all marriage requests receive a case-by-case consideration from ICE.
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. NON-MEDICAL EMERGENCY ESCORTED TRIPS
POLICY: THE IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) MAY PROVIDE DETAINEES ~. STAFF-ESCORTED TRIPS iNTO THE
COMMUNITY FOR TIlE PURPOSE OF VISITING CRITICALLY ILL MEMBERS OF THE DETAINEE'S IMMEDIATEFAMILY, OR FOR ATTENDING FUNERALS.
t81.STANDARO N/A: CHECK THIS~OX IF ALL ICE NON-MEoICAL EMERGENCY ESCoRTED TRIPS ARE HANDLED ONLY BY mE ICE
,
FIELD OFFICE OR SUB-OFFICE IN CONTROL OF THE DETAINEE CASE.
COMPONENTS
YES
No
NA
REMARKS
The Field Office Director considers and approves, on a case-by-case
basis, trips to an immediate family member's:
0
0
0
Funeral; or
• Deathbed
The facility recognizes mother, father, brother, sister, spouse, child, step0
0
0
parent and foster parent as "immediate family".
The IGSA facility notifies ICE of all detainee requests for non-medical
0
0
0
escorts.
The detainee's Deportation Officer reviews the file before forwarding a
detainee's request, with recommendation, to the approving official. Each
0
0
0
recommendation addresses the individual's suitability for travel; e.g., the
kind of supervision required.
[J
Each escort includes at least two· officers.
lJ
0
Escorting officers report unexpected situations to the originating facility
as a matter of procedure, and the ranking supervisor on duty has the
0
0
0
authority to issue instructions for comj)letion of the trip.
Escorting officers have the discretion to increase or decrease minimum
restraints in accordance with written procedures and classification level of
0
0
0
the detainee.
Escort officers are precluded from accepting gifts/gratuities from a
0
0
0
detainee or detainee's relative or friend for any reason.
Escort officers ensure that detainees:
• Conduct themselves in a manner that does not bring discredit to the
ICE;
• Do not violate federal, state, or local laws;
0
0
0
• Do not purchase, possess, use, consume, or administer narcotics,
other drugs, or intoxicants;
• Make no unauthorized phone calls; and
• Know they are subject to search, urinalysis, breathalyzer, or
comparable test upon return.
Standard procedure requires the immediate return to the facility of any
0
0
0
detainee who violates trip rules.

•

[:gj ACCEPTABLE

DEFICIENT

OAT-RISK

REPEAT FINDING

REMARKS:
Non-Medical emergency escorted trips are handled only by the ICE Field Office or Sub-office in control of the detainee's case.

I May 15, 2008
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RECREATION
POLICY: IT IS ICE POllCY TO PROVIDE ACCESS TO RECREATIONAL PROGRAMS AND ACfNITIES. TO ALL ICE DETAINEES, TO THE EXTENT
POSSmLE, UNDER CONDmONS OF SECURITY AND SUPERVISION TfL6..T PROTECf THEIR SAFETY AND WELFARE.

COMPONENTS
The facility has a recreation program and facility.

REMARKS

The Stewart Detention Center
has a recreation program which
is provided through the use of
six outdoor recreation yards, one
gymnasium, and indoor
recreation within each housing
unit.

t8l

A recreational specialist (for facilities with more than 350 detainees) tailors
the progratn activities and offerings to the detainee population.
Regular maintenance keeps recreational facilities and equipment in good
condition.
The recreational specialist or trained equivalent supervises detainee
recreation workers.

t8l

(gI

The recreational specialist or trainee equivalent oversees recreation
programs for special housing units (SHU) and special-needs detainees.
Dayrooms offer sedentary activities, e.g., board games, cards, television.

(gI

t8J

t8l

Each detainee has the opportunity to participate in daily recreation.
Detainees have access to recreation activities outside the housing units for
at least one hour daily, 5 days a week.

(gI

Staff checks all items for damage and condition when equipment is
returned.
Staff conducts searches of recreation areas before and after use.

[gJ

0
l8J

0
[J

t8l

t8J

Outside activities are restricted to limited-contact sports.

All recreation areas under constant staff supervision.
Supervising staff is equipped with radios.

The facility provides detainees in the SHU at least one hour of outdoor
recreation time daily, five times per week.
Detainees in disciplinary/administrative segregation receive a written
explanation when a panel revokes his/her recreation privileges.

[8J

Special programs or religious activities are available to detainees.

Volunteers are required to sign a waiver ofliability before entering a secure
portion of the facility where detainees are present.
Visitors, relatives or friends are not allowed to serve as volunteers.

The Recreation Department has
four detainees assigned to work
in the recreation department.

Day rooms offer sedentary
activities such as board games.
Soccer, basketball, handball,
walking, and cardiovascular
exercise.
Detainees have access to
recreation activities outside the
housing units for one hour a day,
seven days a week.

All recreation areas are searched
prior to opening and after use.
All staff supervising the
recreation activities is equipped
with radios.

The Recreation Specialist stated
that the revocation ofrecreation
privilege~ has not been used as a
disciplinary sanction.
Detainees are periodically
shown movies in their housing
units.
Volunteers are not utilized in the
Stewart Detention Center's
Recreation Department.
Volunteers are not utilized in the
Stewart Detention Center's
Recreation Department.

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Page 30 {)f77

RECREATION
POLICY: IT IS ICE POLICY TO PROVIDE ACCESS TO RECREATIONAL PROGRAMS AND ACfIVITIES TO ALL ICE DETAINEES, TO THE EXTENT
POSSIBLE, UNDER CONDITIONS OF SECURITY AND SUPERVISION THAT PROTECT THEIR SAFETY AND WELFARE.

[8J If outdoor recreation is offered, check this box. No further information is required when outdoor recreation is offered.
If the facility has no outside recreation, are detainees considered for
transfer after six months?
D
D
• If yes, written procedures ensure timely review of all eligible 0
detainees.
Case officers make written transfer recommendations about every sixD
0
D
month detainee to the OIC.
[]
The OIC documents all detainee-transfer decisions whether yes or no.
0
D
The detainee's written decision for or against an offered transfer
0
D
0
documented in his/her A-me.
Staff notifies the detainee's legal representative of hislher decision to
0
D
0
accept/decline a transfer.
If no recreation is available, the ICE Districts routinely review transfer
0
D
D
eligibility for all detainees after 60 days.
The A-file of every detainee who is held more than 60 days without
access to recreation contains either a transfer-waiver signed by the
0
0
0
detainee, or the orc's written determination of the detainee's ineligibility
for transfer.
The detainee's legal representative is notified of the detainee's/OIC's
decision.

0
[8J ACCEPTABLE

o DEFICIENT

OAT-RISK

o REPEAT

FINDING

REMARKS:

The Stewart Detention Center provides ICE detainees with access to recreational programs and activities, under conditions of security
and supervision that protect their safety and welfare.

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AUDITOR'S SIGNATURE 1 DA

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Page 31 of77

RELIGIOUS PR.i\.CTICES
POLICY: FACILITIES WlLLPROVIDE ICE DETAINEES OF ALL FAITHS WITH REASONABLE AND EQUITABLE OPPORTUNITIESTOPARTICIPATEINTHE
PRACTICES OF THEIR FAITH, LIMITED ONLY BY THE CONSTRAINTS OF SAFETY, SECURITY, THE ORDERLY OPERATIONS OF THE FACILITY AND
BUDGETARY CONSIDERATIONS.
COMPONENTS
REMARKS
N
Y
NA

I2$J

Detainees are allowed to engage in religious services.
Space is available for detainees to conduct religious services.

The facility allows detainees to observe the major "holy days" of their
religious faith.
• List any exceptions.
The facility accommodates recognized holy-day observances by:
• Providing special meals, consistent with dietary restrictions;
• Honoring fasting requirements;
• Facilitating religious services; and
• Allowing activity restrictions.
Each detainee is allowed religious items in hislher immediate possession.
Volunteer's credentials are checked and verified before allowing
participation in detainee programs.

Members of faiths not represented by clergy may conduct their own
services within security allowances.
Detainees in the Special Management Unit are allowed to participate in
religious practices unless otherwise documented for the safety and
security of the facility.

o ACCEPTABLE

DEFICIENT

181

IZl

t81

[]

[g]

t81

OAT-RISK

Large group services are
typically held in the detainee
dining room. Smaller services
are also held in the mUltipurpose
rooms in housing units 5 and 6.

Background investigations are
conducted on all volunteers
prior to allowing participation in
detainee programs.

The staff Chaplain makes
pastoral rounds through the
Special Management Unit on a
daily basis.
REPEAT FINDING

REMARKS:

Detainees of different religious beliefs are provided reasonable and equitable opportunities to participate in the practices of their
respective faiths. These opportunities exist for aU equally, regardless of the number of practitioners ofa given religion or the type of
religion practiced. Opportunities are constrained only by concemsabout safety, security, the orderly operation of the facility.

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/ May 15, 2008

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AUDITOR'S SIGNATURE I DAT

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Page 32 of77

VOLUNTARY WORK PROGRAM
POLICY: IN EVERY FACILITY OFFERING AVOLUNTARY WORK PROGRAM, ICE DETAlNEES WILL HAVE TIili OPPORTUNITY TO WORK AND EARN
MONEYBYPARTICIPATING.-WHILENOTLEGALLYREQUIRED,ICEAFFORDSDETAINEEWORKERSBASICOCCUPATIONAL SAFETY AND HEALnr
ADMINISTRATION (OSHA) PROTECTIONS.

CHECK HERE IF ICE DETAINEES ARE NOT AUTHORIZED TO WORK AT THE IGSA FACILITY. MARKNA ON FORM G-324A, PAGE 3
AND MOVE TO NEXT SECTION.
REMARKS
COMPONENTS
N
NA
Y
The facility has a volmiteer
Does the facility have a voluntary work program?
work program in which ICE
• Do ICE detainees-participate?
detainees
The
[gJ
0
0 program isparticipate.
governed by Stewart
Detention Center Policy 19.100,
Resident Work Programs.
Detainee housekeeping meets neatness and cleanliness standards.
Sanitation throughout the
[gJ
0
0 facility is maintained at high
standards.
Detainees have the opportunity to participate in special details, however,
[gJ
0
0
are never allowed to work outside the secure perimeter.
Written procedures govern selection of detainees for the Voluntary Work
The program is governed by
Program.
Stewart Detention Center Policy
[gJ
0
0
19.100, Resident Work
Programs.
Where possible, physically and mentally challenged detainees participate
Stewart Detention Center Policy
in the program.
19.100, Resident Work
Programs, requires that
"Disabled inmates/residents will
be
equally considered for
[gJ
0
0 positions
that they are physically
capable of filling. All efforts
will be made to create a position
that disabled inmates/residents
can work".
The facility complies with work-hour requirements for detainees, not
[gJ
exceeding:
0
0
• Eight hours a day and Forty hours a week.
[gJ
Detainee volunteers generally work according to fixed schedule.
[J
[J
If a detainee is removed from a work: detail, staff places the written
[gJ
0
0
justification for the action in the detainee's detention file.
Staff, in accordance with written procedure, ensures that detainee
Detainee responsibilities are
volunteers understand their responsibilities as workers before they join
outlined
[gJ
0
0 Training inthattheallPre-Assignment
the work program.
Volunteer
Work Program initiates attend.
The voluntary work program meets:
[gJ
0
0
• OSHA, NFPA ACA standards
~

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Page 33 of77

VOLUNTARY WORK PROGRAM
POLICY: !NEVERY FACILITY OFFERING A VOLUNTARY WORK PROGRAM, ICE DETAJNEES WILL HAVB THE OPPORTUNITY TO WORK AND BARN
MONEY BY PARTICIPATING. WHlLENOTLEGALLYREQUIRED,ICEA,FFORDSDETAJNEEWORKERSBASrCOCCUPATIONALSAFE1YANDHEALm
ADMlNrsTRAnON (OSHA) PROTECrrONS.

CHECK HERE IF ICE DETAINEES ARE NOT AUTHORIZED TOWORKATTHEIGSA FACILITY. MARKNA ON FORM G-324A,PAGE3
AND MOVE TO NEXT SECTION.
Detainee food service volunteers
Medical staff screen and fonnally certify detainee food service
volunteers.
are housed together in Unit 6, A
& B pods. The detainees are
• Before the assignment begins; and
medically cleared prior to being
• As a matter of written procedure
assigned to the Food Service
Department. Detainees housed
in those areas who have not yet
IZJ
0
0 received the results of their
medical clearance have their
cells labeled with a "not yet
medically cleared" designation
to ensure they are not allowed to
be released to work in food
service.
Detainees receive safety equipment! training sufficient for the assignment.
Safety training is included in the
IZJ
0
0 Pre-Assignment Training
course.
Proper procedure is followed when an ICE detainee is injured on the job.
In the event that a detainee is
injured
on the job, the ICE
[gI
0
0
COTR is notified via the COTR
Report.

~ ACCEPTABLE

o DEFICIENT

OAT-RISK

o REPEAT FINDING

REMARKS
Stewart Detention Center policies and practice provides detainees the opportunity to work and earn money, and while not legally
required to do so, affords working detainees basic Occupational Safety and Health Administration (OSHA) protections.

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ry/MaY15

AUDITOR'S SIGNATURE I

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SECTION HI. HEALTH SERVICES STANDARDS

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Page 35 of77

HUNGE~ STRIKES

POLICY: ALL FACILflJES WILL FOLLOW STANDARD GUIDELINES FOR THE MEDICAL AND ADMINISTRATNE MANAGEMENT OF ICE DETAINEES
ENGAGING IN HUNGER STRIKES. By MONITORING OF THE HEALTH ANDWELFARB OF THE INDNIDUAL DETAINEES, FACILITIES WILL STRNE TO
SUSTAIN THEIR LNES.
REMARKS
COMPONENTS
Y
N
NA
The facility immediately refers
When a detainee has refused food for 72 hours, it is standard practice for
staff to refer himJher to the medical department.
0 all hunger-striking detainees to
18l
0
the medical department.
CDFs and IGSAs immediately report a hunger strike to the ICE.
ICE is on-site and is quickly
notified
of any change in status
18l
0
0
of a detainee.
The facility has established procedures to ensure staff respond
SOP 8.14, Hunger StrikelForce
immediately to a hunger strike.
18l
0
0 Feeding, outlines the procedures
for immediate response.
Policy and procedure require that staff isolate a hunger-striking detainee
Initially, policy requires that the
from other detainees.
detainee be isolated in a single
observation cell. If
If
yes,
in
an
observation
room?
•
0 occupancy
18l
0
intake and output are required
the detainee will be moved to
Health Services observation.
Medical personnel are authorized to place a detainee in the Special
0
18l
0 See above.
Management Unit or a locked hospital room.
Medical staff records the weight and vital signs of a hunger-striking
Weight and vital signs are taken
18l
0
0
detainee at least once every 24 hours.
everyday.
Consent is required from every
The OlC of the facility obtains a hunger striker's consent before medical
hunger-striking detainee for all
treatment.
invasive medical treatment.
IZl
0 Non-invasive
0
treatment is
covered under the consent form
signed while in intake screening.
A signed Refusal of Treatment form is required of every detainee who
Completion of Form DIRS 820,
rejects medical evaluation or treatment.
Refusal of Treatment is required
[8J
0
0
for rejection of medical
evaluation and treatment.
During a hunger strike, staff document and provide the hunger-striking
IZl
0
0
detainee three meals a day.
Staff maintains the hunger striker's supply of drinking water/other
IZl
0
0
beverages.
During a hunger strike, staff removes all food items from the hunger
AIl commissary items are
IZl
0
0
striker's living area.
removed.
Staff is directed to record the hunger striker's fluid intake and food
facility uses DIHS fonn
consumption; Does staff always use Hunger Strike Monitoring Form ID The
18l
D
839.
839 or similar IGSA form.
The medical staff has written procedures for treating hunger strikers.
The medical staff procedures are
outlined in the LOP 872,
18l
D
0
Hunger Strike Protocol.
Staff documents all treatment attempts, including attempts to persuade
18l
D
0
hunger striker of medical risks.

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Page 36 of77

HUNGER STRIKES
.--'

POLICY: ALL FACILITIES WILLFOLLOW STANDARDGUIDEtINES FOR THE MEDICAL AND APMINISTRATIVE MANAGEMENT OF IcB DETAINEES.
ENGAGING IN HUNGER STRIKES; By MONITORING OFTIlB HEALTH AND WELFARE OF THE INDIVIDUAL DETAINEES, FACILITIES WILL STRIVE TO
SUSTAIN THEIR LIVES.

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.

t81

I2SI ACCEPTABLE

DEFICIENT

D AT-RISK

Hunger Strike training is
included in pre-employment
training and the medical
department has training on the
medical-specific aspects of
hunger strikes. Verification of
training was done by reviewing
Employment Education Training
Records.

o REPEAT FINDING

REMARKS:

There has not been a hunger strike bya detainee in the past year, but the SOP, LOP, and staff training have prepared the staff to
respond appropriately when one does occur. A new staff member in the Segregation Unit was able to explain in detail the expected
response to a detainee hunger strike.

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/ May IS, 2008

AUDrroR'SSIGNATUru:/DATE

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Page 37 of77

ACCESS TO MEDICAL CARE
POLICY: EVERYFAClLITY WILL ESTABLISH AND MAINTAIN AN ACCREDITED/ACCREDITATION-WORTHY HEALTH PROGRAM FOR THE GENERAL
WELL-BEING OF ICE DETAINEES.
REMARKS
NA
COMPONENTS
Y
N
Facilities operate a health care facility in compliance with state and local
t2SI
0
0
laws and guidelines.
DIHS form 795 is used to
The facility's in-processing procedures for arriving detainees include
medically screen all detainees as
medical screening;
t2SI
0
0
they are in-processed.
All detainees have access to and receive medical care.
Sick 'call request slips are
available in all housing units in
English and Spanish. The
Handbook has
t8J
0
0 Detainee
information on how to access
medical care. All detainees sign
consent for medical care form
during intake screenin~,
The facility has access to a PHS/DIHS Managed Health Care
The medical staff includes DIHS
Coordinator.
medical personnel who
,
t8J
0
0 PHS
communicate frequently with the
Health Care Coordinator.
Gains in staffmg over the past
The medical staff is large enough to provide, examine, and treat the
facility's detainee population.
six months have been
significant.
Only a few clinical
[81
0
0 positions remain
open. There is
currently sufficient staff for the
current detainee population.
The facility has sufficient space and equipment to afford detainee privacy
There are four exam rooms in
when receiving health care.
medical and an emergency
t8J
0
0 treatment room that can double
as a fifth exam room. Privacy is
afforded when appropriate.
The medical facility has its own restricted-access area. The restricted
t8J
0
0
access area is located within the confines of the secure perimeter.
The medical facility.entrance includes a holding/waitingroom.
[J
IZl
11
The medical facility's holding/waiting room is under the direct
There are always two officers
supervision of custodial staff.
assigned in the waiting area.
[81
0
0 One may have to leave
periodically to be of service in
the clinic.
Detainees in the holding/waiting room have access to a drinking fountain.
The fountain is in the main hall
outside the waiting area.
t8J
0
0 Detainees may be escorted out
to use it.
Medical records are kept apart from other files. They are:
The medical records area is in a
room inside another locked
• Secured in a locked area within the medical unit;
room. There is always a
• With physical access restricted to authorized medical staff; and
t8J
0
0 medical records tech on-duty24
• Procedurally, no copies made and placed in detainee files.
hours a day. No medical record
copies leave the unit without
detainee consent.

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Page 38 of77

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.
.
Narcotics are stored in a metal
Phamiaceuticals are stored in a secure area.
cabinet on an inside wall of the
Pharmacy. All medications are
stored in the Pharmacy except
0 for those on the medication cart,
l8J
0
and the night stock box. The
night stock box meds are
inventoried by the pharmacy
staff everyday.
Medical screening includes a Tuberculosis (TB) test.
TB skin testing is not done at
this facility. All detainees
• Every arriving detainee receives a TB test during the admission
undergo a digital chest X-Ray
process;
l8J
0
0 that is electronically transmitted
• Detainee's TB-screening does not occur more than one business
for off-site reading. The report
day after his/her arrival at the facility; and
is returned within a matter of
Detainees
not
screened
are
housed
separate
from
the
general
•
hours.
pOl'ulation.
Mental health screening is done
All detainees receive a mental-health screening upon arrival. It is
conducted:
by medical staff during intake
0 screening in the In-processing
l8J
0
• By a health care provider or specially trained officer; and
area.
• Before a detainee's assignment to a housing unit.
DIRS form 795, Intake
The facility health care provider promptly reviews all 1-794s (or
Screening, has a section
equivalent) to identify detainees needing medical attention.
indicating the disposition of the
0 detainee. Those needing
l8J
0
medical or mental health followup are referred to the
appropriate provider.
The health care provider physically examines/assesses arriving detainees
A review of 23 computerized
detainee medical records for the
within 14 days of admission/arrival at the facility.
0 month of April 2008, found that
0
l8J
six did not have physicals within
14 days of Booking.
Nurses make rounds of the cells
Detainees in the Special Management Unit have access to health care
Sick call request slips
services.
[8l
0
0 everyday.
are available from the unit
officers.
Staff provides detainees with health services (sick call) request slips
daily, upon request.
Sick call request slips are picked
• Request slips are available in languages other than English,
up everyday and logged in a
including every language spoken by a sizeable number of the
0 binder.
l8J
0
The slips are in English
facility's detainee population.
and Spanish.
• 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
is medical staff on-site 24
[8l
health care when no medical personnel are on duty at the facility, or when
0 There
0
hours a day.
immediate outside medical attention is required.
The plan includes an on-call provider.
PA/ARNP is on-call after
[8l
0
0 Aregular
working hours.
The plan includes a list of telephone numbers for local ambulance and
The numbers are available in the
[8l
hospital services.
0
0 medical records area and in the
Main Control Room.

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Page 39 of 77

ACCESS TO MEDICAL CARE
POLICY: EVERY FACILITY w:rrLESTABLISHAND MAINTAIN AN ACCREDITED/ACCREDlTATION-WORTIfY HEALTHPROGRAMFOR THE GENERAL
WELL-BEING OF ICE DETAINEES.
The plan includes procedures for facility staff to utilize this emergency
0
181
0
health care consistent with security and safety.
This is now a part of the
Detention staffis trained to respond to health-related emergencies within
a 4-minute response time.
181
0
0 facility's LOP 822, Emergency
Services.
Only licensed medical staff
Where staff is used to distribute medication, a health care provider
t?SJ
0
0
properly trains these officers.
administers medications.
The medical unit keeps written records of medication that is distributed.
Medications are recorded on a
0 Medication Administration
t?SJ
0
Record (MAR).
The Form 1-819 (or !GSA equivalent) is used to notify the
t?SJ
0
0 Form DIHS 819 is used.
WardenIFaciIity of a detainee that has special medical needs.
A signed and dated consent form is obtained from a detainee before
DillS form 793, Medical
medical treatment is administered.
Consent Form, is signed by all
181
0
0 detainees
during intake
screening.
Detainees use the 1-813 (or 1GSA equivalent) to authorize the release of
DIHS form 003, Authorization
confidential medical records to outside sources.
for Release of Confidential
0
0
181
Health Information, is used.
The facility health care provider is given advance notice prior to the
t?SJ
0
0
release transfer, or removal of a detainee.
Detainee's medical records or a copy thereof, are available and
USM form 533, Transfer
transferred with the detainee.
Summary, is completed and
placed in a packet containing
~
0
0 multiple summaries of all outgoing detainees. Medications
also accompany them.
Medical records are placed in a sealed envelope or other container
The Transfer Summaries are
labeled with the detainee's name and A-number and marked "MEDICAL
t?SJ
0
0 placed in a confidential-labeled
CONFIDENTIAL".
envelope.

[8J ACCEPTABLE

DEFICIENT

OAT-RISK

o REPEAT FINDING

REMARKS:

Repeat Finding from the October 2007 review: A review of23 computerized detainee medical records for the month of April 2008,
found that six did not have physicals within 14 days of booking. The reason for the missing physicals appears to be a clerical error in
scheduling the physical appointments for the following month instead of the current month; for example, a detainee was booked on
4110/08 and the physical was supposed to be scheduled by 4122108 (10-12 days is the target period to be sure they don't go over 14
days). The clerk made a mistake and scheduled the detainee for 5122/08 instead. This mistake was made repeatedly and may extend to
detainees whose files were not reviewed.
Gains in staffmg over the past 6 months have"been significant. Only a few clinical positions remain open. There is currently sufficient
staff for the current detainee popUlation. There is a Physician on-site, 6 Mid-Level Providers, 12 RNs + 2 part-time, 13 LPNs, 3
Medical Records Techs + I part-time and 3 Mental Health Providers. There is aiso a Pharmacist and Tech, a Dentist with Assistant,
and administrative personnel.

b6,b7c

1 May IS. 2008

b6,b7c

AUDITOR'S SIGNATUREIDATO

~t11'-

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
© 2007 Creative Corrections, LLC (Rev. 12/8/07)

Page 40 of77

SUICIDE PREVENTION AND INTERVENTION
POLICY:
ALL DETENTION STAFF WORKING WITH ICE
DETAINEES WILL BE TRAINED TO RECOONlZE SUICIDE-RISK INDICATORS. STAFF WILL
.
.
HANDLE POTENTIALLY SUICIDAL INDNIDUALS WITH SENSITNITY, SUPERVISION, AND REFERRALS •. A CLINICALLY SUICIDAL DETAINEE WILL
RECEIVE PREVENTIVE SUPERVISION AND TREATMENT.
COMPONENTS
N
NA
REMARKS
Y

Every new staff member receives suicide-prevention training. Suicideprevention training occurs during the employee orientation program.

Training prepares staff to:
• Recognize potentially suicidal behavior;
• Refer potentially suicidal detainees, following facility
procedures; and
• Understand and apply suicide-prevention techniques.
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.

IZI

[8J

The facility has a designated isolation room for evaluation and treatment.

[8J

The designated isolation rOOIll does not contain any structures or smaller
items that could be used in a suicide attempj.
Medical staff has approved the room for this purpose.
Staff observes and documents the status of a suicide-watch detainee at
least once every 15 minutes.

[gJ

IZI

Written procedures cover when and how to refer at-risk detainees to
medical staff and procedures are followed.

IZI

t8J ACCEPTABLE

DEFICIENT

OAT-RISK

Suicide prevention training is
provided during employee
orientation. The program is
very comprehensive and
includes a 'video, a power point
presentation, and handouts.

Intake screening occurs on day
of arrival in the Intake area. It is
perfonned by RNs, LPNs, or
Medical Assistants.
Suicide/mental health screening
is part of the process.
CCA policy 9-19, Suicide
PreventionlRisk Reduction,
covers procedures for referral of
potentially suicidal detainees to
medicaL
The two suicide watch cells are
located in the Segregation Unit.

Documentation of 15-minute
checks is required by policy. A
review of the Medical
Observation l-on-l logbook
verified compliance.
REPEAT FINDING

REMARKS:

Training and procedures are comprehensive.
A card is issued to each employee to attach to their ID badge - "Warning Signs for Preventing Suicide".
Cells for suicide watch have been identified in the Segregation Unit for reasons of greater security and safety.
Since November 2007, there have been 13 suicide watches. The majority were deemed non-sincere attempts to expedite their cases.
One was a psychotic detainee received as a transfer from another facility as suicidal. He was kept on watch and medically treated until
deported.
b6,b7c
I May 15. 200S
Auditor's Signature / Date

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

Page 41 of77

TERMINAL ILLNESS, ADVANCED DIRECTIVES, AND DEATH
POLICY ALL FACILITIES HOUSING ICE DETAINEES SHALLHAVB POLICIES AND PROCEDURES ADDRESSING THE ISSUES OFTERMlNAL ILLNESS OR
INJURY, MEDICAL ADVANCED DIRECTIVES, AND DETAINEE DEATIl, TO INCLUDE THE PROCEDURES TO ENSURE PROPER NOTIFICATION IS
PROVIDED TO ICE OFFICIALS, FAMILYMEMBERS AND OTHERINTERESTED PARTIES IN THE EVENT OF ADETAINEE BECOMlNG TERMINALLY ILL OR
INJURED OR DEATH OF ADETAINEE OCCURS. IN ADDmON, THE POLICY WILL COVER PROCEDURES TO BE TAKEN IF THE DEATH OF ADETAINEE
OCCURS WHILE IN TRANSIT.

o CHECK THIS BOX IF THE FACIUTY DOES NOT ACCEPT ICE DETAINEES WHO ARE SEVERELY OR TERMINALLY

THE APPROPRIATE BOX FOR THIS PORTION OF THE WORKSHEET.

ILL. INDICATE NA IN
ALWAYS COMPLETE ALL REFERENCES TO DETAINEE DEATH AND

RELATED NOTIFICATIONS.
COMPONENTS
Detainees who are chronically or terminally ill are transferred to an
appropriate offsite medical facility.

The facility or appropriate ICE office promptly notifies the next of kin of
the detainee's medical condition, to include:
• The detainee's location; and
The limitations I>laced on visiting .
There are guidelines addressing the State Advanced Directive Form for
Implementing Living Wills and Advanced Directives.
• The guidelines include instructions for detainees who wish to
have a living will other than the generic form the DIHS provides
or who wishes to appoint another to make advance decisions for
him or her.
The guidelines provide the detainee the opportunity to have a private
attorney P!epare the documents.
There is a policy addressing "Do Not Resuscitate Orders"
Detainees with a "Do Not Resuscitate" order in the medical record
receive maximal therapeutic efforts short of resuscitation?
The facility notifies the DIHS Medical Director and Headquarters' Legal
Counsel of the name and basic circul11l!tances of any detainee with a "Do
Not Resuscitate" order in the medical record. In the case ofIGSAs, this
notification is made through the local ICE repreSentative.
The facility has written procedures to address th~ issues of organ
donation by detainees.
The facility has written procedures to notify ICE officials, deceased
family members and consulates, when a detainee dies while in Service.

REMARKS
Any detainee who is discovered
upon intake, or after intake, to
be severely ill is transferred to
the local hospital for evaluation
and possible relocation by ICE.

I25l

ICE handles all communication
with next-of-kin .

I25l

There is a LOP 199, Terminal
Illness/Organ Donation, that
covers advanced directives

0
0
0

LOP 199, see above.

~
~

I25l

The facility has a policy and procedure to address the death of a detainee
while in transport.

At all ICE locations the detainee's remains disposed of in accordance
with the provisions detailed in this standard.

DIHS medical notifies the
Medical Director and ICE is
notified quickly because they
are on-site.
This procedure is addressed in
LOP199.
Facility LOP 834, Procedures
Following the Death ofa
Detainee, covers notification of
ICE. ICE then contacts the
family and consulate.
There isn't a specific policy, but
the CCA policy 9-18,
Transportation Procedures,
covers procedures for medical
emergencies which would also
cover a death in transit.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
<02007 Creative Corrections, LLC (Rev. 12/8/07)

Page 42 of77

TERMINAL ILLNESS, ADVANCED DIRECfIVES, AND DEATH.
POLICY ALL FAClLITIES HOUSING ICE DETAINEES SHAIL HAVE POLiCIES AND PROCEDURES ADDRESSING THE ISSUES OF TERMINAL ILLNESS OR
INJURY; MEDICAL ADVANCED DIRECTIVES, AND DETAINEE DEATH, TO INCLUDE THE PROCEDURES TO ENSURE PROPER NOTIFICATION IS
PROVIDED TO ICE OFFICIALS, FAMILY MEMBERS AND OTHER INTERESTED PARTIES IN THE EVENT OF ADETAINEE BECOMING TERMINALLYILL O~
INJURED OR DEATII OF ADETAlNEE 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 FACIUTY DOES NOT ACCEPT ICE DETAINEES WHO ARE SEVEREIX OR TERMINALLY ILL. INDICATE NA IN
THE APPROPRIATE BOX FOR THIS PORTION OF THE WORKSHEET. ALWAYS COMPLETE ALL REFERENCES TO DETAINEE DEATH AND
RELATED NOTIFICATIONS.
COMPONENTS
Y
REMARKS
N
NA
In the event that neither family nor consulate claims the remains, the Field
The local ICE supervisor would
Office schedules an indigent's burial, consistent with local procedures.
rgj
contact the Field Office to make
0
0
• If the detainee's is a U.S. military veteran, is the Department of
arrangements.
Veterans Affairs notified?·
An original or certified copy of a detainee's death certificate is placed in
ICE obtains a copy of the death
rgj
0
0 certificate
the subiect's a-file.
for the A-me.
The facility follows established policy and procedures describing when to
contact the local coroner regarding such issues as:
ICE assumes responsibility for
disposition
the body and
• Performance of an autopsy;
rgj
0
0 arranging orofallowing
any
• Who will perform the autopsy;
Obtaining
state
approved
death
certificates;
and
autopsy.
•
• Local transportation of the body.
ICE staff follows established procedures to properly close the case of a
deceased detainee.
l2J
0
0

(8j ACCEPTABLE

o DEFICIENT

OAT-RIsK

o REPEAT

FINDING

REMARKS:
With ICE being present on-site, the facility is able to notifY them quickly of a death, and ICE is able to act quickly to take over the
post-death arrangements.

b6,b7c
1 May 15,2Q0
AUDITOR'S SIGNATURE 1DATE

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

Page 43 of77

SECTION IV. SECURITY AND CONTROL

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
© 2007 Creative Corrections, LLC (Rev. 12/8/07)

Page 44 of77

CONTRABAND
POLICY: ALL DETENTION FACILITIES WILL ENSURE THE PROPER HANDLING AND DISPOSAL OF ALL CONTRABAND. DocUMENTATION OF
CONTRABAND DESTRUCTION IS REQUIRED.
COMPONENTS
N
NA
Y
REMARKS
The facility follows a written procedure for handling illegal contraband.
Stewart Detention Center Policy
Staff inventory, hold, and report it when necessary to the proper authority
9-6, effective date October 1,
for action/possible seizure.
2006, Contraband Control,
~
0
0
establishes procedures for
handlinl!; illegal contraband.
Contraband that is govenunent property is retained as evidence for
[81
0
0
potential disciplinary action or criminal prosecution.
Staff returns property not needed as evidence to the proper authority.
Confiscation and Disposition of
Written procedures cover the return of such property.
Contraband, Form 9-6C is
[81
utilized for the purpose of
0
0
documentation regarding fmal
disposition of contraband.
Altered property is destroyed following documentation and using
[81
0
0
established procedures.
Before confiscating religious items, the OlC or designated investigator ,[81
0
0
contacts a religious authority.
Staff follows written procedures when destroying hard contraband that is
Policy does not provide written
illegal.
procedures for staff to follow
[81
0
0
when destroying hard
contraband that is illegal.
Hard contraband that is illegal (under criminal statutes) may be retained
The facility does not retain
and used for official use, e.g. training purposes.
[81
contraband that is illegal for
0
0
If yes, under specific circumstances and using specified written
official use, e.g., training.
procedures. Hard contraband is secured when not in use.

IZI ACCEPTABLE

o DEFICIENT

OAT-RISK

o REPEAT FINDING

REMARKS:

Policy does not provide written procedures for staff to follow when destroying hard contraband that is illegal.
The facility does not retain contraband that is illegal for official use, e.g., training.

b6,b7c

/ May 15.2008

AUDITOR'S SIGNATURE / DATE

b6,b7c

Page 45 of77

DETENTION FILES
POLICY: EvERY FACILITY WILL CREATE A DETENTION FILE FOR EVERY ICE DETAINEE BOOKED INTO THE FACILITY, EXCLUDING ONLY
DETAINEES SCHEDULED TO DEPART WITHIN 24 HOURS. THE DETENTION FILE WILL CONTAIN COPlES AND, IN SOME CASES, THE ORIGINAL OF
SPECIFIED DOCUMENTS CONCERNING THE DETAINEE'S STAY IN THE FACILITY: CLASSIFICATION SHEET, MEDICAL QUESTIONNAIRE, PROPERTY
INVENTORY SHEET, DISCIPLINARY DOCUMENTS ETC.
COMPONENTS
REMARKS
Y
N
NA

A detention file is created for every new arrival whose stay will exceed
24 hours.

I8l

The detainee detention file contains either originals or copies of
documentation and forms generated during the admissions process.

[gI

I8l

[8J

The detention file remains active during the detainee's stay. When the
detainee is released from the facility, staff adds copies of completed
release documents, the original closed-out receipts for property and
valuables, the original 1-385 or equivalent, and other documentation.

I8l

The officer closing the detention file makes a notation that the file is
complete and ready to be archived.

I8l

[gI

The detainee's detention file also contains documents generated during
the detainee's custody.
Special requests
Any G-589s and/or 1-77s closed-out during the detainee's stay
• Disciplinary fonns/Segregation fonns
• Grievances,. comj)Jaints and the disposition(s)_ of same
The detention files are located and maintained in a secure area Ifnot, the
cabinets are lockable and distribution ofthe keys is limited to supervisors.

•
•

Staff makes copies and sends documents from the file when properly
requested by supervisory personnel at the receiving facility or office.

Appropriate staffhas access to the detention files, and other departmental
requests are accommodated by making a request for the file. Each file is
properly logged out and in by a representative of the responsible
department.

r8J ACCEPTABLE

o DEFICIENT

OAT-RISK

Detention files are created for
all detainees in R&D during
intake.
The detention files maintain
original documentation for each
detainee.

The Records Clerk maintains all
files in locked cabinets in the
file room.
The Record Clerk verifies the
accuracy of the discharge file by
cross checking the A number
with the detainee data in the
Offender Management System
(OMS).
The Record Clerk maintains a
log book with notations that the
file is ready to be archived.
The Records Clerk provides ICE
with copies of the R&D
checklist, property inventory
fonn, and trust fund receipt
There is limited staff access to
the records office.

o REPEAT FINDING

REMARKS:

Detainee files are maintained in a secure area with a high level of accountability. The Records Clerk maintains detailed notes on the
status and disposition of all detainee files.

b6,b7c

1 May IS, 2008

AUDITOR'S SIGNATURE I DA TE

b6,b7c

Page 46 of 77

DISCIPLINARY POLICY
PoLlCY: AIL FAClLITIES HOUSING ICE DETAINEES ARE AUTHORIZED TO IMPoSE DISCIPLINE ON DETAINEES WHOSE BEHAVIOR IS NOT IN
COMPLIANCE WITH FAClLITY RULES AND REGULATIONS.
COMPONENTS

t8J

IZl

[8l

IZl

The facility has a written disciplinary system using progressive levels of
reviews and appeals.

The facility rules state that disciplinary action shall not be capricious or
retaliat~ry.

Written rules prohibit staff fro~ imposing or pennitting the following
sanctions:
• corporal punishment
• .deviations from nonnal food service
• clothing deprivation
• bedding deprivation
• denial of personal hygiene items
• loss of correspondence privileges
• deprivation of physical exercise
The rules of conduct, sanctions, and procedures for violations are defmed
in writing and communicated to all detainees verbalIy_ and in writinE.
The following items are conspicuously posted in Spanish and English,
and other dominate languages used in the facility:
• Rights and Responsibilities
Prohibited Acts
• Disciplinary Severity Scale
Sanctions
When minor rule violations or prohibited acts occur, informal resolutions
are encouraged.

•

Incident reports and Notice of Charges are promptly forwarded to the
designated supervisor.
Incident reports are investigated within 24 hours of the incident. The
Unit Disciplinary Committee (UDC) or equivalent does not convene
before an investigation ends.
An intermediate disciplinary process is used to adjudicate minor
infractions.

[gI

A disciplinary panel (or equivalent in IGSAs) adjudicates infractions.
The panel:
• Conducts hearings on all charges and allegations referred by the
UDC;
• Considers written reports, statements, physical evidence, and
oral testimony;
Hears pleadings by detainees and staff representatives;
• Bases its findings on the preponderance of evidence; and
• Imposes only authorized sanctions
A staff representative is available if requested for a detainee facing a
disciplinary hearing.

REMARKS
The facility has adopted the INS
Detention Standard,
Disciplinary Policy, dated
September 20,2000, to regulate
their disciplinary system.

Shift supervisors are permitted
to informally resolve minor rule
violations.

A three member Unit
Disciplinary Committee (UDC),
including the unit manager, case
manager, and correctional
counselor, is used to adjudicate
minor infractions.
Two hearings were conducted
by the Institution Disciplinary
Panel which was not referred by
the UDC. Policy changes were
immediately implemented to
prevent recurrence of this
situation.

IZl

[gI

•

FOR OFFICIAL USE ONL Y (LAW ENFORCEMENT SENSITIVE)
02007 Creative Corrections, LLC (Rev. 12/8/07)

Page 47 of77

DISCIPLINARY POLICY
POLICY: ALL FACILITIES HOUSING ICE DETAINEES ARE AUTHORIZED TO IMPOSE DISCIPLINE ON DETAINEES WHOSE BEHAVIOR IS NOT IN
COMPLIANCE wrrn FACILITY RULES AND REGULATIONS.
COMPONENTS
REMARKS
N
NA
Y

The facility penn its hearing postponements or continuances when
conditions warrant such a continuance. Reasons are documented.
The duration of punishment set by the OlC, as recommended by the
disciplinary panel, does not exceed established sanctions. The maximum
time in disciplinary segregation is limited to 60 days for a single offense.
Written procedures govern the handling of confidential-infonnant
infonnation. Standards include criteria for recognizing "substantial
evidence"
All fonns relevant to the incident, investigation, committee/panel reports,
etc. are completed and distributed as required.

[gJ ACCEPTABLE

DDEFICIENT

r.8I

AT-RISK

D REPEAT FINDING

REMARKS:

The Stewart Detention Center staff imposes discipline on detainees whose behavior is not in compliance with facility rules and
regulations.
Two hearings were conducted by the Institution Disciplinary Panel which was not referred by the UDC. Policy changes were
immediately implemented to prevent recurrence of this situation.

b6,b7c

/ May 15,2008

AUDITOR'S SIGNATURE i DATE

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

Page 48 of 77

EMERGENCY (CONTINGENCy) PLANS
POUCy ALL FACllXfIES HOLDING ICE DETAINEES WlLLRESPOND TO EMERGENCIES WITH APREDETERMINED STANDARDIZED PLAN TO MINIMIZE
THE HARMING OF HUMAN LIFE AND THE DESTRUCTION OF PROPERTY. ITIS RECOMMENDED THAT SPCS AND CDFs ENTER INfO AGREEMENT, VIA
MEMORANDUM OF UNDERSTANDING (MOlJ),WITH FEDERAL, LOCAL AND STATE AGENCIES TO ASSIST IN TIMES OF EMERGENCY.
REMARKS
NA
COMPONENTS
Y
N
Policy precludes detainees or
Policy precludes detainees or detainee groups from exercising control or
detainee groups from exercising
authority over other detainees.
0 control or authority over other
~
0
detainees.
Detainees are protected from:
Stewart Detention Center
procedures protect detainees
• Personal abuse
from personal abuse; corporal
• Corporal punishment
punishment;
personal injury;
Personal
injury
~
0
0
•
disease;
property
damage; and
Disease
•
harassment
from
other
Property
damage
•
detainees.
• Harassment from other detainees
Staff receives training to
Staff is trained to identify signs of detainee unrest.
~
0
0 identify signs of detainee unrest
• What type of training and how often?
in pre-service training.
Staff effectively disseminates information on facility climate, detainee
Unit activity logs are utilized to
disseminate information from
attitudes, and moods to the Officer In Charge (0lC)
0 shift
~
0
to shift and from staff to
staff.
Chief of Security is responsible
There is a designated person or persons responsible for emergency plans
and their implementation. Sufficient time is allotted to the person or group
0
~
0 for emergency plans and their
implementation.
for devel()pment and ~lementation of the plans.
The plans address the following issues:
Contingency plans are
• Confidentiality
Accountability
(copies
and
storage
locations)
considered
confidential and
~
0
0
•
numbered
for
accountability.
Annual
review
procedures
and
schedule
•
Revisions
•
Contingency plans include a comprehensive general section with
0
0
~
procedures !l})l'licable to most emer~en9'situations.
The facility has cooperative contingency plans with applicable:
• Local law enforcement agencies
~
0
0
• State agencies
• Federal agencies
All staff receives copies of Hostage Situation Management policy and
~
0
0
procedures.
Staff is trained to disregard instructions from hostages, regardless of rank.
Stewart Detention Center staff
receives comprehensive
Within 24 hours after release, hostages are screened for medical and
~
0
0 training regarding hostage
psychological effects.
situations.
Emergency plans include emergency medical treatment for staff and
~
0
0
detainees during and after an incident.
Food service maintains at least 3 days' worth of emergency meals for staff
~
0
0
and detainees.
Emergency plans identify
Written plans identify locations of shut-off valves and switches for all
locations of shut-off valves and
utilities (water, gas, electric).
switches and valves for all
~
0
0 utilities. The plans include
pictures of those which could
be difficult to locate.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
(; 2007 Creative Corrections, LLC (Rev. 12/8/07)

Page 49 of77

EMERGENCY(CONTINGENCy) ~LANS
POLICY ALL FACILITIES HOLDING ICE DETAlNEES WILL RESPOND TO EMERGENCIES wrrHAPREDETERMINED STANDARDIZED PLAN TO MlNlMlZE
THE HARMING OF fIUMAN LIFE AND THE DESTRUCfION OF PROPERTY. ITIS RECOMMBNDEDTHAT SPCs AND CDFs ENTERlNTO AGREEMENT, VIA
MEMORANDUM OF UNDERSTANDING (MOV), WITH FEDERAL, LOCAL AND STATE AGENCIES TO ASSIST IN TIMES OF EMERGENCY.
.y
COMPONENTS
N
NA
REMARKS
Written procedures cover:
• WorkIFood Strike
• Disturbances
• Escapes
Written procedures regarding
• Bomb Threats
Civil Disturbances and Internal
• Adverse Weather
0
l8J
0 Searches have.been
implemented in addition to the
• Internal Searches
other required plans.
• Facility Evacuation
• Detainee Transportation System Plan
• InternalfIostages
• Civil Disturbances

[8J ACCEPTABLE

o DEFICIENT

OAT-RISK

o REPEAT

FINDING

REMARKS:

Stewart Detention Center Emergency (contingency) plans will allow staff to respond to emergencies with a predetermined standardized
plan to minimize the harming of human life and the destruction of property.

b6,b7c

(May 15,2008

AUDITOR'. SIGNATURE /DATE

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~.

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Page 50 of77

ENVIRONMENTALHEALTH AND SAFETY

POLICY: EVERY FACILITY WILL CONfROLFLAMMABLE,'TOXIC, ANDCAUSTICMATERIALS TIfROUGHAHAZARDOUS MATERIAlS PROGRAM. THE
PROGRAM WILL INCLUDE, AMONG OTHER nIINGS; THE IDENTIFICATION AND LABELING OF HAZARDOUS MATERIALS IN ACCORDANCE WITH
APPLICABLE
STANDARDS (E.G.,
NATIONAL FIRE PROTECTION ASSOCIATION [NFPAJ); IDENTIFICATION OF INCOMPATIBLE MATERIALS,AND
.
.
SAFE-HANDLING PROCEDURES
REMARKS
NA
Y
N
COMPONENTS
Hazardous chemicals are stored
The facility has a system for storing, issuing, and maintaining inventories
in accordance with NFPA and
of hazardous materials.
OSHA requirements.
Incompatible chemicals are
stored in separate locations.
0 Products, sold to detainees
t8J
0
through the commissary, do not
contain hazardous levels of
toxic, flammable, or caustic
substances.
Constant inventories are maintained for all flammable, toxic, and caustic
t8J
0
0
substances used/stored in each section of the facility.
The manufacturer's Material Safety Data Sheet (MSDS) file is up-to-date
for every hazardous substance used.
• The files list all storage areas, and include a plant diagram and
[gJ
0
0
legend.
• The MSDSs and other information in the files are available to
personnel managing the facility's safety program.
All personnel using flammable, toxic, and/or caustic substances follow
the prescribed procedures. They:
[gJ
0
0
• Wear personal protective equipment; and
Report
hazards
and
spills
to
the
designated
official.
•
The MSDSs are readily accessible to staff and detainees in work areas.
MSDSs were not readily
.
available for two chemical
products in the medical clinic.
The MSDS for one of the
chemicals
was found
[gJ
0
0 approximately
two hours after
the initial request The other
MSDS was reportedly not
available because it had been
recentlvpurchased.
Hazardous materials are always issued imder proper supervision.
[gJ
0
• Quantities are limited; and
0
Staff
always
supervises
detainees
using
these
substances.
•
All "flammable" and "combustible" materials (liquid and aerosol) are
t8J
0
0
stored and used according to label recommendations.
Lighting fixtures and electrical equipment installed in storage rooms and
181
0
0
other hazardous areas meet National Electrical Code requirements.
The facility has sufficient ventilation, and provides and ensures clean air
[8j
0
0
exchanges throughout all buildings.
Vents, return vents, and air conditioning ducts are not blocked or
[8j
0
0
obstructed in cells or anywhere in the facility.
Living units are maintained at appropriate temperatures in accordance
[8j
with industry standards. (68 to 74 degrees in the winter and 72 to 78
0
0
degrees in the summer.)
Shower and sink water temperatures do not exceed the industry standard
[8j
0
0
of 120 degrees.
'

Page 51 of77

ENVIRONMENTAL HEALTH AND SAFETY

EvERY FACILITY WILL CONTROL FLAMMABLE, TOXIC, AND CAUSTIC MATERIALS THROUGH AHAZARDQUSMATERIALS PROGRAM. THE
PROGRAM WILL INCLUDE, AMONG OTHER THINGS, THE IDENTIFICATION AND LABELING OF HAZARDOUS MATERIALS IN ACCORDANCE WITH
APPLICABLE STANDARDS (E.G., NATIONAL FIRE PROTECTION ASSOCIATION [NFPA]); IDENTIFICATION OF INCOMPATIBLE MATERIALS, AND
SAFE-HANDLING PROCEDURES
NA
Y
REMARKS
COMPONENTS
N
All toxic and caustic materials are stored in their original containers in a
[8]
0
0
secure area.
Excess flammables, combustibles, and toxic liquids are disposed of
[8]
0
0
properly and in accordance with MSDSs.
Staff directly supervise and account for products with methyl alcohol.
No products containing methyl
Staff receives a list of products containing diluted methyl alcohol, e.g.,
[8]
alcohol
were observed during
shoe dye. All such products are clearly labeled. "Accountability"
0
0
the audit.
includes issuing such products to detainees in the smallest workable
quantities.
Every employee and detainee using flammable, toxic, or caustic materials
[8]
0
0
receives advance training in their use~ stora~e and disposal.
The facility complies with the most current edition of applicable codes,
[8]
standards, and regulations of the National Fire Protection Association and
0
0
the Occupational Safety and Health Administration (OSHA).
A technically qualified officer conducts the fire and saft!!Y inspections.
[J
0
0
Note: the Safety Manager is an
The Safety Office (or officer) maintains files of inspection reports.
OSHA General Industry
Outreach Trainer. As such, he is
[8]
0
0 qualified to conduct 10- and 30hour general industry outreach
training to staff.
The plan has been approved by
The facility has an approved fire prevention, control, and evacuation plan.
[8]
0
0
the local Fire Marshall.
The plan requires:
• Monthly fire inspections;
• Fire protection equipment strategically located throughout the
facility;
[8]
posting of emergency plans with accessible
Public
0
0
•
building/room floor plans;
• Exit signs and directional arrows; and
• An area-specific exit diagram conspicuously posted in the
diagrammed area.
Fire drills are conducted and documented monthly ..

POLICY:

[8]

A sanitation program covers barbering operations.

[8]

The barber shop has the facilities and equipment necessary to meet
sanitation requirements.
The sanitation standards are conspicuously posted in the barbershop.
Written procedures regulate the handling and disposal of used needles
and other sharp objects.

[8]

0
[J

All items representing potential safety or security risks are inventoried'
and a designated individual checks this inventory weekly.

[8]

[]

[8]

The handling and disposal of
used needles and other sharp
objects is addressed in policy
number 8-10, dated May 1,
2008.

Page 52 of77

ENVIRONMENTAL HEALTH AND SAFETY
POLICY:· EVERY FACILITY WILL CONTROL FLAMMABLE, TOXIC, AND CAUSTIC MATERIAlS THROUGH AHAZARDOUS MATERIALS PROGRAM. THE
PROGRAM WILL INCLUDE, AMONG OTHER THINGS, THE IDENTIFICATION AND LABELING OF HAZARDOUS MATERIALS IN ACCORDANCE WITH
APPLICABLE STANDARDS (E.G., NATIONAL FIRE PROTECTION ASSOCIATION [NFPA]); IDENTIFICATION OF INCOMPATIDLE MATERIALS, AND
SAFE-HANDLING PROCEDURES
COMPONENTS
Y
N
NA
REMARKS
Standard cleaning practices include:
• Using specified' equipment; cleansers; disinfectants and
[8J
detergents.
0
0
• An established schedule of cleaning and follow-up inspections.

•

The facility follows standard cleaning procedures.

[8J

Spill kits are readily available.

[8J

A licensed medical waste contractor disposes ofinfectiouslbio-hazardous
waste.
Staff is trained to prevent contact with blood and other body fluids and
written procedures are followed.
Do the methods for handling/disposing of refuse meet all regulatory
requirements?

[8J

A licensed/Certified/Trained pest-control professional inspects for
rodents, insects, and vermin.
• At least monthly.
• The pest-control program includes preventative spraying for
indigenous insects,
Drinking water and wastewater is routinely tested according to a fixed
schedule.
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 replacements).

[gJ ACCEPTABLE

DEFICIENT

[8J

The Stewart Detention Center
fails to ensure compliance with
EPA 40 CFR 273 concerning
the proper disposal of spent
fluorescent bulbs. The bulbs
should be tested for toxicity
(TCLP test) and disposed of
accordingly. In addition, staff
who handle and store used bulbs
have not received training
required by the EPA.

[8J

Pest inspection and spraying
services are provided monthly
by Terminix.

[8J

Drinking water is tested by the
local municip_ality.

[8J

OAT-RISK

REPEAT FINDING

REMARKS:

MSDSs are not readily available to staff and detainees in the medical clinic.
The Stewart Detention Center fails to ensure compliance with EPA 40 CFR 273 concerning the proper disposal of spent fluorescent
bulbs. The bulbs should be tested for toxicity (TCLP test) and disposed of accordingly. In addition, staff who handle and store used
bulbs have not re.ceived training required by the EPA.

/May15,2008
b6,b7c
Audito", Sign.ture I Date

~
b6,b7c

FOR OFFICIAL USE ONL Y (LAW ENFORCEMENT SENSITIVE)
02007 Creative Corrections, LLC (Rev. 12/8/07)

Page 53 of77

HOLD ROOMS IN DETENTION FACILITIES
POLICY: HOLD ROOMS WilL BE USED ONLY FOR TEMPORARY DETENTION OF DETAINEES AWAlTING REMOVAL, TRANSFER, EOIR HEARINGS,
MEDICAL TREATMENT INTRA-FACILITY MOVEMENT OR OTHER PROCESSING INTO OR OUT OF THE FACILlTY.
COMPONENTS
NA
Y
N
REMARKS
The hold rooms are situated within the secure perimeter.
The hold rooms are situated
~
0
0
within the secure perimeter.
The hold rooms are well ventilated, well lighted, and all activating
~
0
0
switches are located outside the room.
The hold rooms contain sufficient seating for the number of detainees
There was sufficient seating for
held.
the number of detainees
~
0
0
observed in holding cells during
this review.
Bunks, cots, beds, or other related make-shift sleeping apparatus are
~
0
0
precluded from use inside hold rooms.
The walls and ceilings of the hold rooms are tamp_er and escap_e proof.
_t8J
[1
[J
[8J
[J
Individuals are not held in hold rooms for more than 12 hours.
[J
Male and females are segregated from each other.
There are no female detainees
0
0
~
housed at this facility.
Detainees under the age of 18 are not held with adult detainees.
Detainees under the age of 18
are not housed at this facility. If
identified during admission as
being under age they are
~
0
0
immediately placed in the
Special Management Unit until
transferred.
Detainees are provided with basic personal hygiene items such as water,
soap, toilet paper, cups for water, feminine hygiene items, diapers and
~
0
0
wipes.
In older facilities, officers are within visual or audible range to allow
~
0
0
detainees access to toilet facilities on a regular basis.
All detainees are given a pat down search for weapons or contraband
~
0
0
before being placed in the room.
Officers closely supervise the detention hold rooms using direct
Holding cells are monitored
supervision (Irregular visual monitoring.).
every 15 minutes. A written
~
0
0
record of monitoring is
• Hold rooms are irregularly monitored every 15 minutes.
completed
Unusual
behavior
or
complaints
are
noted
.
•
When the last detainee has been removed from the hold room, it is given
~
0
0
a thorough inspection.
There is a written evacuation plan that includes a designated officer to
[8]
remove detainees from hold rooms in case of fire and/or building
0
0
evacuation.
An appropriate emergency service is called immediately upon a
Emergency Response Teams are
~
0
0
determination that a medical emergency may exist.
on duty at all times.

[8J ACCEPTABLE

o DEFICIENT

OAT-RISK

REPEAT FINDING

REMARKS:
Hold rooms at the Stewart Detention Center are used only for temporary detention of detainees awaiting removal, transfer, EOIR
hearings, medical treatment, intra-facility movement, or other processing into or out of the facility.
There are no female detainees housed at the Stewart Detention Center.
b6,b7c

/ May 15, 2008

AUDITQR'S SIGNATURE I DATE

b6,b7c

t.J
-

Page 54 of 77
-----._.--

-----------------

.
KEY AND LOCK CONTROL
(SECURITY, A,CCOUNTABILITYAND MAINTENANCE)
POlley IT IS THE POLICY OF THE ICE SERVICE TO MAINTAIN AN EFFICIENT SYSTEM FOR THE USE, ACCOUNTABILITY AND MAINTENANCE OF ALL
KEYS AND LOCKS.

COMPONENTS

REMARKS

The security officer[s], or equivalent in IGSAs, has attended an approved
locksmith training program.

The security officer, or equivalent in IGSAs, has responsibly for all
administrative duties and responsibilities relating to keys, locks etc.
The security officer, or equivalent in IGSAs, provides training to
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.
Facility policies and procedures address the issue of compromised keys
and locks.
The security officer, or equivalent in IGSAs, develops policy and
procedures to ensure safe combinations integrity.

f8l

Grand master keying systems are prohibited.

All worn or discarded keys and locks are cut up and properly disposed of.

f8l
IZl

f8l
0

0
0

[]

f8l

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.
-}

Padlocks andlor chains are prohibited from use on cell doors.
The entrancelexit door locks to detainee living quarters, or areas with an
occupant load of 50 or more people, conform to:
• Occupational Safety and Environmental Health Manual, Ch. 3;
National Fire Protection Association Life Safety Code 10 1.
The operational keyboard is sufficient to accommodate all the facility key
rings, including keys in use and is located in a secure area.

The Lieutenant previously
assigned to this position
provides staff training regarding
key and lock control. Staff
currently assigned will assume
this responsibility upon
completion of approved
training.

Staff assigned responsibility for
key and lock control indicate
they were not involved in the
development of procedures
regarding safe combination
integt'ity.

No unauthorized locks were
observed in use in detainee
accessible areas.
b2High

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
to 2007 Creative Corrections, LLC (Rev. 12/8/07)

Page 55 of77

KEY AND LOCK CONTROL
(SECURITY, ACCOUNTABILITY AND MAINTENANCE)
POLICY ITIS THE POLICY OF THE ICE SERVICE TO MAlNTAIN ANEFFICIENf SYSTEM FOR THE USE, ACCOUNTABILITY AND MAINTENANCE OF ALL

KEYS AND LOCKS.
COMPONENTS
Procedures are in place to ensure that key rings are:
• Identifiab Ie;
• The numbers of keys are cited; and
• Kevs cannot be removed.
Emergency keys are available for all areas of the facility.
The facilities use a key accountability system.
Authorization is necess'!l)' to issue any restricted key.

Individual gun lockers are provided.
• They are located in an area that permits constant officer
observation.
• In an area that does not allow detainee or public access.
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 responsib Ie for adhering to proper
procedures for the handling of keys.
• Issued keys are returned immediately in the event an employee
inadvertently carries a key ring home.
• When a key or key ring is lost, misplaced, or not accounted for,
the shift supervisor is immediately notified.
• Detainees are not permitted to handle keys assigned to staff.

r8J ACCEPTABLE

o DEFICIENT

[gI

[8J

D
D

[gI

Shift supervisor authorization
must be utilized for issue of any
restricted k~~

[8J

b2High

[gI

OAT-RISK

REMAJ.U(S

b2High

o REPEAT FINDING

REMARKS:

The staff member assigned responsibility for key and lock control policy implementation has not attended an approved locksmith
training program. Training presented by Southern Steel has been scheduled for July 22-25, 2008.
Staff assigned responsibility for key and lock control indicate they were not involved in the development of procedures regarding safe
combination integrity.
b2High

b2High

b6,b7c

/ May 15, 2008

AVDITOR'S SIGNATURE IDATE

b6,b7c

Page 56 of77

POPULATION COUNTS
POLICY: ALL DETENTION FACILITIES SHALL ENSURE AROUND-THE-CLOCKACCOUNTABILITY FOR ALL DETAINEES. nIlS REQlJllU',S THATTHEY
CONDUCT AT LEAST ONE FORMAL COUNT OF THE DETAINEE POPULATION PER SHIFT; WITH AoDmONAL FORMAL AND INFORMAL COUNTS
CONDUCTED AS NECESSARY.
N
NA
COMPONENTS
Y
REMARKS
Formal counts are conducted at
Staff conduct a formal count at least once each shift.
1:00 a.m.; 4:00 am.; 7:00 a.m.;
0
0
t8J
1:00 p.m.; 3:00 p.m.; 7:00 p.m.;
arid 11 :00 p.m.
Activities cease or are strictly controlled while a formal count is being
Stewart Detention Center Policy
conducted.
9-13, Count PrInciples and
Procedures regulate count
procedures. Detainees on out
0
t8J
0
count status from living units are
properly counted by security
staff.
Certain operations cease during formal counts.
t8J
0
All movement ceases for the duration of a formal count.
[]
Formal counts in all imits take place simultaneously.
[]
Detainee participation in counts is prohibited.
0
A face-to-photo count follows each unsuccessful recount.
No unsuccessful recount was
observed during this review.
t8J
0
0
Photo/roster counts are
conducted twice daily.
Officers positively identify each detainee before counting himlher as
Staff was observed utilizing
present.
detainee identification cards to
t8J
0
0
ensure accurate accountability.
Written procedures cover informal and emergency counts.
0
0
t8J
• They are followed during informal counts and emergencies.
The control officer (or other designated position) maintains an out These out-counts are maintained
count record of all detainees temporarily leaving the facility.
by the shift supervisors rather
0
t8J
0
than the control room officer.
[]
This training is documented in each officer's training folder.
IZI

I:8J ACCEPTABLE

DEFICIENT

OAT-RISK

REPEAT FINDING

REMARKS:

The Stewart Detention Center Staff ensure around-the-clock accountability for all detainees. They conduct at least one formal count of
the detainee population per shift, with additional formal and informal counts conducted as necessary.

b6,b7c

/ May 1;. 2008

AUDITOR"SIGNATURE/DATE

(

b6,b7c

~
{'

Page 57 of 77

· POST ORDERS
POLICY: ICE PROVIDES OFFICERs ALL NECESSARY GUIDANCE FOR CARRYING OUTTIlEIR DUfIES. THIs GUIDANCE INCLUDES THE POST ORDERS
ESTABLISHED FOR EVERY POST, WHICH ARE REVIEWED AT LEAST ANNUALLY AND GIVEN TO EACH OFFICER UPON ASSIGNMENT TO THAT POST.
COMPONENTS
N
NA
REMARKS
Y

Every fixed post has a set of post orders.

Each set contains the latest inserts (emergency memoranda, etc.) and
revisions.

[8]

0
0

Warden authorizes all post order
changes.

[8]

Front page rather than last.

[8]

2008 updates are written and
awaiting CCA lll'Proval.

[8]

One individual or department is responsible for keeping all post-orders
current with revisions that take place between reviews.

The !GSA maintains a complete set (central file) of post orders.

The central file is accessible to all staff.
The OlC or Contract / rGSA equivalent initiates/authorizes all post-order
changes.
The OlC or Contract / rGSA equivalent has signed and dated the last page
of every section.
A review/updating/reissuing of post orders occurs regularly and at a
minimum, annually.
Procedures keep post orders and logbooks secure from detainees at all
times.
Every armed-post officer qualifies with the post weapon(s) before
assuming post duty.
Armed-post post orders provide instructions for escape attempts.

The post orders for housing units track the event schedule.
Housing-unit post officers record all detainee activity in a log. The post
order includes instructions on maintaining the logbook.

~ ACCEPTABLE

o DEFICIENT

Post orders are maintained on
each post observed during the
review.
Stewart Detention Center Policy
9-10 establishes procedures
regarding post orders.
Chief of Security and staff are
responsible for keeping postorders current and making
recommended revisions to the
Warden.
Master hard copies as well as
computer files are maintained.
Staff can access post orders on
the facility computer shared
drive "F".

[8]

[]

[8]

OAT-RISK

Although armed, staff may not
utilize weapons (deadly force) to
prevent an escape unless an
immediate threat exists.

o REPEAT FINDING

REMARKS:

Stewart Detention Center provides officers all necessary guidance for carrying out their duties. This guidance includes the post orders
established for every post, which are reviewed at least annually, and given to each officer upon assignment to that post.

b6,b7c

May 15.2008

AUDlTOR'SSIGNATUREIDATE

b6,b7c

~_~

I~~

Page 58 of 77

SECURITY INSPEcr~ONS·
POllCY: P'OSTASSIGNMENTS IN THE FACILITY'S HIGH-RISK AREAS, WHERE SPECIAL SEC1.)RITY PROCEDURES MUST BE FOLLOWED, WILL BE
RESTRlCTED TO EXPERIENCED PERSONNEL WITH A THOROUoH GROUNDING IN FACILITY OPERATIONS.

COMPONENTS
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 reporting weak spots, inconsistencies, and other
areas needing improvement
Every officer is required to conduct a security check ofhislher assigned
area. The results are documented.
Documentation of security inspections is kept on file.

YES

•

18J

The front-entrance officer checks the ID of everyone entering or exiting
the facility.

All visits are officially recorded in a visitor logbook or electronically
recorded.
The facility has a secure visitorpass system.
Every Control Center officer receives specialized training.
The Control Center is staffed around the clock.
Policy restricts staff access to the Control Center.

[8J

[]
[J

0
[J

•

•
•

The facility maintains a log of all incoming and departing vehicles to
sensitive areas ofthe 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 responsible for the vehicle during the visit
•
Officers thoroughly search each vehicle entering and leaviugthe facility.
The facility has a written policy and procedures to prevent the
introduction of contraband into the facility or any of its components.
Tools being taken into the secure area of the facility are inventOried
J>efore entering and prior to departure.

•
•

•

Stewart Detention Center Policy
9-7 regulates and establishes
procedures regarding security
inspections.

In addition to inspection forms

Procedures ensure that recurring problems and a failure to take corrective
action are reported to the appropriate manager.

Detainees are restricted from access to the Control Center.
Communications are centralized in the Control Center.
Officers monitor all vehicular traffic entering and leaving the facility.

REMARKS

18J
~

various logs are utilized to
document security inspections.
Policy establishes procedures to
ensure that recurring problems
and a failure to take corrective
action are reported to the
appropriate manager.

[]

0
0

18J
18J

[J
[J

18J

181

[]

18J

[8J

[]

Staff access to the Control
Center is strictly controlled.

0
b2High

b2High

•

The SMU entrance has a sally-.llort.

Stewart Detention Center Policy
9-8 provides for tool inventories
and control procedures.

Page 59 of77

SECURITYIN:SPECT~ONS

P()LICY: POST ASSIGNMENTS IN.TIffi FACn:ri'Y'S HIGH-RISK AREAs, WHERE SPECIAL SECURrrY PRocEDURES MUST BE FOLLOWED, WILL BE
RESTRICTED TO EXPERIENCED PERSONNEL WITH A THOROUGH GROUNDING IN FACILITY OPERATIONS.
No
NA
REMARKS
COMPONENTS
YES

Written procedures govern searches of detainee housing units and
personal areas.

Housing area searches occur at irregular times.
Every search of the SMU and other housing units is documented.
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 for
defects once each shift.
Daily procedures include:
• Perimeter alarm system tests;
Physical checks of the perimeter fence; and
Documenting the results.
Visitation areas receive frequent, irregular inspections.

•
•

I'8J ACCEPTABLE

DEFICIENT

[J
0

OAT-RISK

Stewart Detention Center Policy
9-5, Searches of
InmatelResidents and Various
Locations, provides written
procedures which govern
searches of detainee housing
units and personal areas.
Cell searches are documented on
daily activity sheets.

REPEAT FINDING

REMARKS:

Post assignments in the Stewart Detention Center's high-risk areas, where special security procedures must be followed, are restricted
to experienced personnel with a thorough grounding in the facility operations.

b6,b7c

/ May 15.2008

AUDITOR'S SIGNATURE /DATE

b6,b7c

FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE)
to 2007 Creative Corrections, LLC (Rev. 12/8/07)

Page 60 of 77

SPECIAL MANAGEMENT UNIT (SMl.J)
ADMINISTRATIVE SEGREGATION
POlley: THE SPECIAL MANAGEMENT UNIT REQUIRED IN EVERY FACILITY ISOLATES CERTAIN DETAINEES FROM TIlE GENERAL POPULATION.
THE SPECIAL MANAGEMENT UNIT WILL CONSIST OF TWO SECTIONS. ONE, ADMINisTRATIVE SEGREGATION, HOUSES DETAINEES ISOLATED FOR
THEIR OWN PROTECTION; THE OTHER FOR DETAINEES BEING DISCIPLINED FOR WRONGDOING (SEE THE "SPECIAL MANAGEMENT UNIT
[DISCIPLINARY SEGREGATION]" STANDARD).
COMPONENTS
Y
NA
REMARKS
N
The Administrative Segregation unit provides non-punitive protection
Stewart Detention Center
from the general population and individuals undergoing disciplinary
Policy, 10-100, Organization
segregation.
and Administration of
Segregation Areas, dermes
0
0
• Detainees are placed in the SMU (administrative) in ~
requirements for the operation
accordance with written criteria.
of security and disciplinary
segregation units.
In exigent circumstances, staff may place a detainee in the SMU
(administrative) before a written order has been approved.
~
0
0
• A copy of the order given to the detainee within 24 hours.
The OIC (or equivalent) regularly reviews the status of detainees in
administrative detention.
0
0
• A supervisory officer conducts a review within 72 hours of the ~
detainee's placement in the SMU (administrative).
A supervisory officer conducts another review after the detainee has
Reviews are conducted on the
spent seven days in administrative segregation, and:
Segregation Confinement
• Every week thereafter for the first month; and
RecordfReview; form 10-1 OOA.
~
0
0
• Every 30 days after the first month.
Reviews do include interviews
• Does each review include an interview with the detainee?
with the detainee.
• Is a written record made of the decision and the justification?
The detainee is givena copy of the decision and justification for each
review.
0
0
• The detainee is given an opportunity to appeal the reviewer's ~
decision to someone else in the facility.
The OlC (or equivalent) routinely notifies the Field Office Director (or
staff officer in charge of IGSAs) any time a detainee's stay in
administrative detention exc.eeds 30 days.
0
0
• Upon notification that the detainee's administrative segregation ~.
has exceeded 60 days, the FD forwards written notice to HQ
Field Operations Branch Chief for DRO.
The OlC or equivalent) reviews the case of every detainee who objects
to administrative segregation after 30 days in theSMU.
0
0
• A written record is made of the decision and the justification. ~
• The detainee receives a copy of this record.
The detainee is given the right to appeal to the OlC (or equivalent) the
conclusions and recommendations of any review conducted after the
~
0
0
detainee . have remained in administrative segregation for seven
consecutive days.
Administratively segregated detainees enjoy the same general privileges
0
~
0
as detainees in the general population.
The SMUis:
Unit 7 is utilized as the SMU
and is well ventilated;
• Well ventilated;
adequately lighted;
• Adequately lighted;
~
0
0
appropriately heated; and
Appropriately
heated;
and
•
maintained
in a sanitary
Maintained
in
a
sanitary
condition.
•
condition.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
to 2007 Creative Corrections, LLC (Rev. 12/8/07)

Page 61 of77

SPECIAL MANAGEMENT UNIT (SMU)
ADMINISTRATIVE SEGREGAnON
POLICY: THE SPECIAL MANAGEMENT UNIT REQUlRED IN EVERY FACILITY ISOLATES CERTAIN DETAINEES FROM THE GENERAL POPULATION.
THE SPECIAL MANAGEMENT UNIT WILL CONSIST OF TWO SECTIONS. ONE, ADMINISTRATIVE SEGREGATiON, HOUSES DETAINEES ISOLATED FOR
THEIR OWN PROTECTION; THE OTHER FOR DETAINEES BEING DISCIPLINED FOR WRONGDOING (SEE THE "SPECIAL MANAGEMENT UNIT
[DISCIPLINARY SEGREGATION]" STANDARD).
COMPONENTS
N
NA
REMARKS
Y
All cells are equipped with beds.
[8J
0
0
• Every bed is securely fastened to the floor or wall.
The number of detainees in any cell does not exceed the occupancy
limit.
Occupancy has not exceeded
recommended capacity. There
• When occupancy exceeds recommended capacity, do basic [8J
0
0
living standards decline?
are 120 beds in this unit, only 15
were in use.
• Do criteria for objectively assessing living standards exist?
• If yes, are the criteria included in the written procedures?
The segregated detainees have the same opportunities to
[8J
exchange/launder clothing, bedding, and linen as detainees in the
0
0
general population.
Detainees receive three nutritious meals per day, from the general
Detainees are issued disposable
population's menu of the day.
utensils with each meal and are
required
to return them at the
Do
detainees
eat
only
with
disposable
utensils?
•
[8J
0
0
of each meal. Food
conclusion
Is
food
ever
used
as
punishment?
•
restriction is not used as a
punishment.
Each detainee maintains a nonnallevel of personal hygiene in the SMU.
• The detainees have the opportunity to shower and shave at [8J
0
0
least three times a week.
• If not, exQlain.
The detainees are provided:
Barbering services are provided
every other week; detainees are
• Barbering services;
provided five hours of
• Recreation privileges in accordance with the '''Detainee
recreation weekly; there is a
Recreation" standard;
library cart with non-legal
Non-legal
reading
material;
•
reading material; the Chaplain
Religious
material;
•
provides
religious material; the
The
same
correspondence
privileges
as
detainees
in
the
general
•
[8J
0
0
same correspondence privileges
popUlation;
as detainees in the general
• Telephone access similar to that of the general population; and
population are provided;
• Personal legal material.
personal legal material is
allowed; and telephone access is
similar to that of the general
population.
A health care professional visits every detainee at least three times a
week.
[8J
0
0
• The shift supervisor visits each detainee daily.
• Weekends and holidays.
Procedures comply with the "Visitation" standard.
Unless restricted as a
[8J
disciplinary sanction by the
0
0
• The detainee retains visiting privileges; and
Institution Discipline Panel.
• The visiting room is available during normal visiting hours.
[8J
[]
[]
Visits from clergy are allowed.
Detainees have the same law-library access as the general population.
The facility Law Librarian tours
the Special Management Units
• Are they required to use the law library [8JS~arately, or
[8J
0
0
DAs a group?
every Thursday to attend to the
needs of those detainees.
• Are legal materials brought to them?

Page 62 of 77

SPECIAL MANAGEMENT Ul\qT (SMU)
ADMINISTRATIVE SEGREGAnON
POLICY: THE SPECIAL MANAGEMENT UNIT REQUIRED IN EVERY FACILITY ISOLATES CERTAIN DETAINEES FROM TIlE GENERAL POPULATION.
THE SPECJAL MANAGEMENT UNIT Wn..L CONSIST OF TWO SECTIONS. ONE, ADMINISTRATIVE SEGREGATION, HOUSES DETAINEES ISOLATED FOR
THEIR OWN PROTECTION; TIlE OTIlER FOR DETAINEES BEING DISCIPLiNED FOR WRONGDOING (SEE THE "SPECIAL MANAGEMENT UNIT
[DISCIPLINARY SEGREGATION]" STANDARD).
NA
COMPONENTS
Y
N
REMARKS
Individual activity logs (SAR)
The SMU maintains a pennanent log of detainee-related activity, e.g.,
are maintained on each detainee
meals setlled, recreation, visitors etc.
0
IZJ
0
inSMU.
SPC procedures include completing the SMU Housing Record (1-888)
immediately upon a detainee's placement in the SMU.
IZJ
0
0
• Staff completes the fonn at the end of each shift.
• CDFs imd IGSA facilities use Fonn 1-888 (or local equivalent).
Staff record whether the detainee ate, showered, exercised, and took any
applicable: medication during every shift.
• :~taff logs record all pertinent infonnation, e.g., a medical
!Condition, suicidal/assaultive behavior, etc;
0
0
• The medical officerlhealth care professional signs each IZJ
lindividual's record during each visit; and
• The housing officer initials the record when all detainee
:5ervicesare completed or at the end of the shift.
A new record is created for each week the detainee is in Administrative
Segregati IJn.
SAR implemented every Sunday
IZJ
0
0
on the third shift.
The
weekly
records
are
retained
in
the
SMU
until
the
•
detainee's return to the general population.

rgj ACCEPTABLE

o DEFICIENT

OAT-RISK

o REPEAT FINDING

REMARK:;:
The Specnal Management Unit required at the Stewart Detention Center isolates certain detainees from the general population. The
Special Management Unit consists of two sections. One, Administrative Segregation, houses detainees isolated for their own
protectiom; pre-hearing detention; and those pending investigation. The second section houses detainees being disciplined for
wrongdoilLg.

b6,b7c

/ May 15, 200~
ATE

b6,b7c

Page 63 of77

Office of lJerellfioll alit' Hemol'lll Operotiolls
ll.S. DepArtment of Homeland Securlly
180 Spring Street. SW
Atlanta, Georgia 30303

U.S. Immigration
and Customs
Enforcement
June 27, 2008
MEMORANDUM FOR:

James Hayes
Acting Director
b6,b7c

FROM:

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Acting Field Office
Atlanta
SUBJECT:

Response and Plan of Action for the Stewart Detention Center
Annual Detention Review

In response to the Annual Detention Review (ADR) of the Stewart Detention Center, Lumpkin,
Georgia, conducted May 13 - 15,2008, by Creative Corrections, in which the facility was
found complaint with 36 National Detention Standards' (NOS), the below plan of action is
submitted to address Reviewer-in-Charge (RIC) Issues and Concerns.
Access to Medical Care

Finding: The facility should establish a tracking procedure to ensure that all detainees are
scheduled for and receive a physical examination within 14 days of arrival.
Response: United States Public Health (PHS), Division of Immigration Health Services
(DIHS) has established 5 medical teams with team leaders to ensure all detainees are scheduled
for and receive physicals within 14 days of arrival. A back-log list will be placed in a
designated binder and posted for all teams to coordinate completion of physical examinations
within the14 day period. This system is being monitored by the onsite Nakamoto representative
for compliance.
Environmental and Health Safety

Finding: The Material Safety Data Sheets (MSDS) should be re-organized in the medical clinic
to provide immediate access to all the MSDS of hazardous substances used or stored in the
medical clinic.

2 NDS not applicable

www.ice.gov

Response and Plan of Action for the Stewart Detention Center Annual Detention Review
Page 2 of2

Response: PHSIDIHS has reviewed and reorganized the MSDS system in the medical clinic.
The MSDS are being monitored on a weekly basis by the facility Safety Manager, as well as
the onsite Nakamoto representative to ensure compliance.

Key and Lock Control
Finding: The facility should ensure that all staff securely fastens their key rings to a belt with
metal clips or other approved devices as required by Stewart Detention Center Policy 9-3, Key
Control.
Response: The NDS does not require key rings to be securely fastened to a metal belt clip; to
avoid ambiguities in future reviews this local requirement will be removed from the "At this
Facility" section of the CCA Key Control Policy 9-3, implemented at Stewart Detention
Center.

Office ofDetention and Removal Operations
U.S. Department of Homeland Security

801 I Street, NW
Washington, DC 20536

U.S. Immigration
and Customs
Enforcement

MEMORANDUM FOR:

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r
Acting Field Office Director
Atlanta Field O

FROM:

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Acting Chief
Detention Standards Compliance Unit
Stewart Detention Center Plan of Action

SUBJECT:

The Stewart Detention Center Plan of Action dated June 27, 2008, has been received. The plan was
developed in response to a review conducted by Creative Corrections on May 13-15,2008.
The Review Authority concurs with the Plan of Action and this review is closed. The Field Office
must now initiate the following actions in accordance with the Detention Management Control
Program (DMCP):
1) The Field Office Director, Detention and Removal Operations, shall notify the facility within
five business days of receipt of this memorandum. Notification shall include a copy of this
memorandum.
2) The Field Office Director shall ensure that the facility complies with its proposed Plan of
Action and that a follow--up review is conducted of the deficiencies identified in the
CC324, Detention Facility Review Form and the RIC Summary Memorandum within 90
days.
3) The next annual review will be scheduled on or before May 15,2009.
Should you or your staff have any questions regarding this matter, please contact
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Detention and Deportation Officer, Detention Standards Compliance Unit at (202) 732- b6,b7c .
cc: Official File
b6,b7c
b2High

FOR OFFICIAL USE ONLY

o,.AW ENFORCEMENT SENSITIVE)