ICE Detention Standards Compliance Audit - Stewart Detention Center, Lumpkin, GA, ICE, 2008
Download original document:
![Brief thumbnail](/media/cache/4a/43/4a4384d2fdc0a9139d51916bff8ebd31.jpg)
Document text
![Brief thumbnail](/media/cache/4a/43/4a4384d2fdc0a9139d51916bff8ebd31.jpg)
Document text
This text is machine-read, and may contain errors. Check the original document to verify accuracy.
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 b6,b7c b6,b7c 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 b6,b7c 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. b6,b7c 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 b6,b7c b2High 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 b6 Executive Vice President Creative Corrections 6415 Calder, Suite B Beaumont, TX 77706 b6 , 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 b6,b7c Reviewer-In-Charge Creative Corrections b6,b7c b6,b7c 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 b6 (SME) included , SME for Security , SME for Health b6, b7c Services; b6,b7c , SME for Safety; and , SME for Food Service. b6 A review closeout was conducted on Thursday, May 15, with Warden and b6,b7c Assistant Field Office Director, Atlanta Sub-Office, during which all concerns b6,b7c 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 o April 29- May 1,2008 Review Compliant Deficient At-Risk Not-Applicable 36 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 b2High s as required by Stewart Detention Center Policy 9-3, Key ControL b2High 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) 2/2 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 D 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) b6,b7c 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 b6,b7c b6,b7c I8J 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 L. 1,..3 301 o 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 b6,b7c 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 b6 b6 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 I 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 2007 6 physical S physical 0 Assault: Dclainceon Staff 2 II 6 4 2 physical '2 physical ophysical ophysical o 0 0 o 2 2 0 o 0 0 o 0 0 o 2 4 0 0 o o 0 0 o o 0 0 o o 0 2 o 0 0 o 0 0 o 0 0 o 0 0 o 0 0 o 0 0 o o # 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 . 21 Su Psychiatric I Medicnl Referrals # Psychiatric Cases Referred for Outside Care 6 2 2 0 2 0 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. 2. 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 b6,b7c b6,b7c b6,b7c D Reviewerin Char e ,'-', Print Name, Title, & Duty Location b6 , SME - Medical b6,b7c Print Name, Title, & Duty Location b6 SME - Safety Print Name, Title, & Duty Location , SME - Food Service RECOMMENDED RATING: ,',/ . Print Name, Title, & Duty Location b6,b7c SME - Security D SUPERIOR DGOOD [8J ACCEPTABLE DEFICIENT OAT-RISK o 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 b6,b7c 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 b6,b7c 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) b6,b7c b6,b7c Title Actin Chief Final Rating: Comments: 0 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 b6,b7c Name and Title of Reviewer-In-Charge b6,b7c 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 Y N NA 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. ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D A review of the Lexis Nexis program found it to be current and in good working order. ~ D D 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. ~ D D The Law Librarian maintains a sign-in book which indicates that an ICE representative makes regular visits to the Law Library. ~ D D Detainees are allowed to visit the Law Library for two hours at a time, three times per week. ~ D D ~ D 0 ~ O· D ~ 0 0 ~ D 0 L8J [] [J 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 o DEFICIENT o ATMRIsK o 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. b6,b7c I May 15,2008 b6,b7c 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 o DEFICIENT YES No NA 0 0 0 0 0 0 0 0 D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 [J 0 [J 0 D 0 0 0 0 0 0 0 0 0 0 0 OAT-RISK REMARKS [J o 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. b6,b7c I May 15.2008 AUDITOR'S SIGNATURE 1DATE b6,b7c ~ d FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) CO 2007 Creative Corrections, LLC (Rev. 12/8/07) 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 IZI A written copy of the rules regulating visitation and the hours of visitation is available to visitors. IZI D D A general visitation log is maintained. IZI 0 D 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 0 0 At facilities where there is no provision for visits by minors, ICE arranges for visits by children and stepchildren, on request, within the first 30 days. 0 D IZI 0 0 IZI 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. 0 [8J 0 0 D 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 0 D On regular business days, detainees are given the option of continuing a meeting with a legal representative through a scheduled meal. [8J 0 0 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. 0 Private consultation rooms are available for attorney meetings. There is a mechanism for the detainee and hislher representative to exchange documents. IZI D 0 There are written procedures governing detainee searches. IZI D D 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. D D [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) 02007 Creative Corrections, LLC (Rev. 12/8/07) 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 0 0 The current list ofpro bono legal organizations is posted in the detainee housing areas and other appropriate areas. [gJ 0 0 The decision to pennit or deny a tour is not delegated below the level of Field Office Director. [gJ 0 0 Provisions for NGO visitation, as stated in the Detention Standards, are complied with. [gJ 0 0 Law enforcement officials who request to visit with a detainee are referred to the ICE Field Office for approval. [gJ 0 0 Fonner detainees or aliens in proceedings, requesting to visit with a detainee, are referred to the OIC or ICE Field Office. [gJ 0 0 Procedures are in place, consistent with the detention standard, for examinations by independent medical service providers and experts. [gJ 0 0 ~ ACCEPTABLE o DEFICIENT D 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. 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. b6,b7c 1 May 15, 2008 AUDITOR'S SIGNATURE 1DATE b6,b7c FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 02007 Creative Corrections, LLC (Rev. 12/8/07) Page 8 of 77 DETAINEE TELEPHONE ACCESS POLICY: ALL FACILITIES HOVSING ICE DETAINEES WILL PERMIT DETAINEES' REASONABLE AND EQUITABLE ACCESS TO TELEPHONES. COMPONENTS Y N NA Detainees are allowed access to telephones during established facility waking hours. t81 D D Upon admittance, detainees are made aware of the facility's telephone access policy. t81 D D Access rules are posted in housing units. ~ D D The facility makes a reasonable effort to provide key information to detainees in languages spoken by any significant portion ofthe facility's population. t81 D D Telephones are provided at a minimum ratio of one telephone per 25 detainees in the facility population. . ~ D D Telephones are inspected regularly by facility 8taffto ensure that they are in good working order. ~ D D The facility administration promptly reports out-of-order telephones to the facility's telephone service provider. ~ D D The facility administration monitors repair progress and takes appropriate measures to ensure that required repairs are begun and completed timely. ~ 0 D Detainees are afforded a reasonable degree a/privacy for legal phone calls. t81 D D A procedure exists to assist a detainee who is having trouble placing a confidential call. t81 D D The facility provides the detainees with the ability to make non-coUect (special access) calls. ~ D D Special Access calls are at no charge to the detainees. ~ D D ~ D D D D t81 ~ D D I2?J D D 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. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 9 of77 DETAINEE TELEPHONE ACCESS POLlCY: ALL FACILITIES HOUSING ICE DETAINEES WILL PERMIT DETAINEEs' REASONABLE AND EQUITABLE ACCESS TO TELEPHONES. Y COMPONENTS N NA I2?J 0 0 IZl IZl IZl 0 0 0 0 0 0 IZl 0 0 Detainees in disciplinary segregation are allowed phone calls to consular/embassy officials. IZl 0 0 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 0 0 IZl 0 0 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 0 '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. 0 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. b6,b7c / May 15.2008 AUDITOR'S SIGNATURE / DATE b6,b7c FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) to 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 10 of 77 SECTION II. DETAINEE SERVICES STANDARDS FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) 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. Y 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 N NA REMARKS !8l D D !8l D D !8l D D !8l D D !8l D D !8l D D 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 D D !8l D D !8l D D Hygiene items are issued to all detainees in R&D. !8l D D 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. b6,b7c ~ /May 15.2008 AUDITOR'S SIGNATURE I DATE b6,b7c , FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) 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. Y t8I 0 0 t8I 0 0 t8I 0 0 t8I 0 0 t8I 0 0 t8I 0 0 t8I 0 0 t8I 0 0 t8I 0 0 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 NA N 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. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) 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 o DEFICIENT 181 0 0 181 0 0 181 0 0 OAT-RISK o 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. b6,b7c / May 15. 2008 b6,b7c AUDITOR'S SIGNATURE/DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 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. FOR OFFICIAL USE ONL Y (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) 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 D 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. b6,b7c May 15. 2008 AUDITOR'S SIGNATURE/DATE b6,b7c FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 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 FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) @2007 Creative Corrections, LLC (Rev. 1218/07) 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 Y N NA 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 0 [gI [gI 0 0 [gI 0 0 [gI 0 0 [gI 0 0 [gI 0 0 ~ lJ [J • [gI ACCEPTABLE DDEFICIENT D 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 b6,b7c b6,b7c b6,b7c ~ b FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) 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 y '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 o o o o 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. o 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. o o REMARKS NA o o 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. N o 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. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 19 of77 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. D 0 IZJ IZJ D 0 ~ 0 0 ~ D 0 ~ 0 0 ~ D 0 ~ 0 0 I8J 0 0 ~ 0 0 I8J 0 0 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. FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 20 of77 aT 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 0 0 [8] 0 0 [8] 0 0 [8] 0 0 I3J 0 0 I3J 0 0 0 [8] 0 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] 0 0 [8] 0 0 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. FOR OFFICIAL USEONLY (LA W ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) 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. • 0 ~ 0 [8J 0 0 [8J 0 0 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. 0 0 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. 0 [8J 0 !8l (] [] !2J 0 0 !2J 0 0 • Standard operating procedures include weekly inspections of aU food service areas, including dining and food-preparation areas and equipment. • Who conducts the inspections? !2J 0 0 [8J 0 0 !2J 0 0 Standard procedure includes checking and documenting temperatures of all dishwashing machines after each meal. !2J 0 0 Staff documents the results of every refrigerator/freezer temperature check. ~ 0 0 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. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 22 of77 . 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 Y N NA {8] D D [8] D D 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. b6,b7c /May15,2008 b6,b7c b6,b7c AUDITOR'SSIGNATURE/D I'~ FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) CO 2007 Creative Corrections, LLC (Rev. 12/8/07) 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. o .. 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. ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 0 ~ 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ [] ~ 0 [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. .FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 24 of77 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. b6,b7c / May 15.2008 b6,b7c SIGNATURE/DA b6,b7c ~}-"\.; r FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 25 of 77 PB 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 o 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. b6,b7c / May 15. 2008 AUDITOR'S SIGNATURE I D b6,b7c b6,b7c ()to-- FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 26 of77 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 No 0 NA REMARKS 0 . 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. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 • • • • Volunteer detainee workers are permitted to exchange outer garments more frequently. r8J ACCEPTABLE o DEFICIENT OAT-RISK o 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 b6,b7c 0~ FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 27 of 77 w .. .. . - . ... . MARJ;UA,GK REQUEStS ... POLICY: ALL DETAINEE MARRIAGE REQUESTS WILL RECEIVEtASE-BY~cASE CONSIDERATION FROM ICE MANAGEMENT. COMPONENTS Y N NA REMARKS o o 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." o o 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. o o o o o o 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 l'8J OAT-RISK o o o o o 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. b6,b7c b6,b7c b6,b7c Q OV~ FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 28 of 77 . 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 o DEFICIENT OAT-RISK o 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 b6,b7c AUDITOR'S SIGNATURE/DATE b6,b7c ~ 0- FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 29 of77 : 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. , Y N NA 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 0 0 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 0 0 t8l 0 0 (gI 0 0 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 0 0 t8J 0 0 t8l D 0 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 [J [J 0 0 0 Staff checks all items for damage and condition when equipment is returned. Staff conducts searches of recreation areas before and after use. [gJ 0 0 0 l8J 0 [J 0 [J t8l 0 0 t8J 0 0 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. 0 0 0 [8J 0 0 0 0 0 0 0 0 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. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) 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 0 0 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. b6,b7c b6,b7c /May15,2008 AUDITOR'S SIGNATURE 1 DA ~ ~ FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) 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 o DEFICIENT (J [J 181 0 0 IZl 0 0 IZl 0 0 t81 [] [J [g] 0 0 t81 0 0 t81 OAT-RISK D 0 o 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. b6,b7c / May 15, 2008 b6,b7c AUDITOR'S SIGNATURE I DAT ~~ ~ FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) 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. o 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 ~ FOR OFFICIAL USE ONL Y (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) 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. o 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. b6,b7c ry/MaY15 AUDITOR'S SIGNATURE I b6,b7c b6,b7c ~ ~ FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 34 of77 - SECTION HI. HEALTH SERVICES STANDARDS FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Correctiohs, LLC (Rev. 12/8/07) 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. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) to 2007 Creative Corrections, LLC (Rev. 12/8/07) 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 o DEFICIENT D AT-RISK 0 0 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. b6,b7c / May IS, 2008 AUDrroR'SSIGNATUru:/DATE b6,b7c ~ I FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) to 2007 Creative Corrections, LLC (Rev. 12/8/07) 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. FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) © 2007 Creative Correct,ons, LLC (Rev. 12/8/07) 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. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) 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 o 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'- 1- 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 0 0 IZI 0 0 IZI 0 0 [8J 0 0 The facility has a designated isolation room for evaluation and treatment. [8J 0 0 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 0 0 IZI [J LJ Written procedures cover when and how to refer at-risk detainees to medical staff and procedures are followed. IZI t8J ACCEPTABLE o DEFICIENT OAT-RISK 0 0 o 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 b6,b7c FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 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. Y N NA I25l 0 0 I25l 0 0 ICE handles all communication with next-of-kin . I25l 0 0 There is a LOP 199, Terminal Illness/Organ Donation, that covers advanced directives ~ 0 0 0 0 0 0 LOP 199, see above. " ~ ~ I25l 0 0 I25l 0 0 I25l 0 0 I25l 0 0 I25l 0 0 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. o 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 b6,b7c rL FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 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 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) 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 D D The detainee detention file contains either originals or copies of documentation and forms generated during the admissions process. [gI D D I8l D 0 [8J 0 0 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 0 D The officer closing the detention file makes a notation that the file is complete and ready to be archived. I8l 0 0 I8l 0 0 [gI 0 0 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 FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) 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 Y N NA t8J 0 0 t8J 0 0 ~ 0 0 IZl 0 0 IZl 0 0 [8l 0 0 IZl 0 0 IZl 0 0 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. 0 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. 0 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 0 0 [gI 0 0 • 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 D r.8I 0 0 r.8I 0 0 r.8I 0 0 r.8I 0 0 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 b6,b7c FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 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 b6,b7c ~. ~. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) to 2007 Creative Corrections, LLC (Rev. 12/8/07) 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. ' FOR OFFICIAL USE ONL Y (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) 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] 0 0 A sanitation program covers barbering operations. [8] 0 0 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 0 All items representing potential safety or security risks are inventoried' and a designated individual checks this inventory weekly. [8] [] [8] 0 0 [8] tJ 0 The handling and disposal of used needles and other sharp objects is addressed in policy number 8-10, dated May 1, 2008. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) 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 0 0 Spill kits are readily available. [8J 0 0 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 0 0 [8J 0 0 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 o DEFICIENT 0 [8J 0 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 0 0 Pest inspection and spraying services are provided monthly by Terminix. [8J 0 0 Drinking water is tested by the local municip_ality. [8J 0 0 OAT-RISK o 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 o 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 - FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 1218/07) 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 Y N NA 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. 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. 0 f8l 0 f8l 0 0 f8l 0 0 f8l 0 0 f8l 0 0 f8l 0 0 0 f8l 0 f8l 0 0 f8l 0 0 Grand master keying systems are prohibited. 0 All worn or discarded keys and locks are cut up and properly disposed of. f8l IZl f8l 0 0 0 [] [J f8l 0 0 f8l 0 0 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 Y N NA [gI D D [gI [8J D D D D [gI D D Shift supervisor authorization must be utilized for issue of any restricted k~~ [8J D D b2High [gI D D D [gI D 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 r ~~ / May 15, 2008 AVDITOR'S SIGNATURE IDATE b6,b7c . FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) 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 o DEFICIENT OAT-RISK o 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 ~ {' FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) 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. 0 0 [8] 0 0 [8] 0 0 [8] 0 0 ~ [J [8] 0 0 0 Warden authorizes all post order changes. [8] 0 0 Front page rather than last. [8] 0 0 2008 updates are written and awaiting CCA lll'Proval. [8] 0 0 [8] 0 0 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] 0 0 [8] [] [J [8] 0 0 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~~ FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) 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 No • 18J 0 0 18J 0 0 18J 0 0 18J 0 0 The front-entrance officer checks the ID of everyone entering or exiting the facility. ~ 0 0 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. ~ 0 [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 NA 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 0 0 18J 18J [J [J [J ~ 0 0 18J 0 0 181 [] [J 18J 0 0 18J 0 0 [8J [J [] 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. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 1218/07) 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 o DEFICIENT ~ 0 0 ~ ~ [J 0 [J 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ [J [1 OAT-RISK o 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? FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) 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 FOR OFFICIAL USE ONL Y (LAW ENFORCEMENT SENSITIVE) © 201J7 Creative Corrections, LLC (Rev. 1218/07) .. 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: b6,b7c 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. I 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: b6,b7c r Acting Field Office Director Atlanta Field O FROM: b6,b7c b6,b7c 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 b6,b7c 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) r,