U.S. Department of Homeland Security

Immigration and Customs Enforcement
Office of Professional Responsibility
Inspections and Detention Oversight Division
Washington, DC 20536-5501

Office of Detention Oversight
Compliance Inspection

Enforcement and Removal Operations
ERO Washington Field Office
Virginia Peninsula Regional Jail
Williamsburg, Virginia

November 2–5, 2015

COMPLIANCE INSPECTION
for the
VIRGINIA PENINSULA REGIONAL JAIL
WILLIAMSBURG, VIRGINIA
TABLE OF CONTENTS
EXECUTIVE SUMMARY
Overall Findings...................................................................................................................2
Findings by National Detention Standard (NDS) 2000 Major Categories ..........................3
INSPECTION PROCESS .............................................................................................................4
DETAINEE RELATIONS ............................................................................................................5
INSPECTION FINDINGS
DETAINEE SERVICES
Food Service ........................................................................................................................7
Telephone Access ................................................................................................................7
SECURITY AND CONTROL
Environmental Health and Safety ........................................................................................7

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INSPECTION TEAM MEMBERS

(b)(6), (b)(7)c

Office of Detention Oversight
November 2015
OPR 201600399

Lead Inspections and Compliance Specialist
ODO
Inspections and Compliance Specialist
ODO
Inspections and Compliance Specialist
ODO
ODO
Inspections and Compliance Specialist
Contractor
Creative Corrections
Creative Corrections
Contractor
Contractor
Creative Corrections
1

Virginia Peninsula Regional Jail
ERO Washington

EXECUTIVE SUMMARY
The Office of Detention Oversight (ODO) conducted a compliance inspection of the Virginia
Peninsula Regional Jail (VPRJ) in Williamsburg, Virginia, from November 2 to 5, 2015. 1 VPRJ
opened in 1997, is owned by the Virginia Peninsula Regional Jail Authority and operated by the
Virginia Peninsula Regional Jail Office. The Office of Enforcement and Removal Operations
(ERO) began housing detainees at VPRJ in 2014 pursuant to a United States Marshals Service
(USMS)-Intergovernmental Agreement (IGA), under the oversight of ERO’s Field Office
Director (FOD) in Washington, DC.
ERO staff members and a Detention
Quantity
Services Manager are assigned to the Capacity and Population Statistics
facility.
A VPRJ Superintendent is
2
As Needed
responsible for oversight of daily facility ICE Detainee Bed Capacity
operations and is supported by (b)(7)e Average ICE Detainee Population 3
45
personnel. VPRJ staff provides food
28
services supported by Trinity Services Male Detainee Population (as of 11/02/2015)
Group. Health care is provided by VPRJ, Female Detainee Population (as of 11/02/15)
12
and mental health services are provided
by MEDIKO, P.C., based in Glen Allen, Virginia. The facility is accredited by the Board of
Corrections; additionally, while VPRJ is not contractually obligated to comply with the ICE
Performance-Based National Detention Standards (PBNDS) 2011, Sexual Abuse and Assault
Prevention and Intervention (SAAPI) standard, it has made efforts to comply. 4

OVERALL FINDINGS

Inspection Results

This is ODO’s first inspection of VPRJ under the
National Detention Standards (NDS) 2000. ODO
reviewed the facility’s compliance with 15 standards
and found the facility compliant with 12 standards.
ODO found four deficiencies in the remaining three
standards.

FY2015
(NDS 2000)

Standards Reviewed

15

Deficient Standards

3

Overall Number of Deficiencies

4

Corrective Actions Initiated

0

Best Practice
Deficient Priority Components

0
N/A

1

Male and female detainees of security classification levels “Low,” “Medium,” and “High” are detained at the
facility for periods in excess of 72 hours.
2
Data Source: ERO Facility List Report as of November 7, 2015.
3
Ibid.
4
The facility has a zero tolerance policy articulated in VPRJ Policy 3.5.8, Sexual Abuse and Harassment of Inmates.
All facility staff, including volunteers and contractors, receives training in sexual assault and abuse prevention and
intervention. The training curriculum specifically addresses the Prison Rape Elimination Act (PREA).

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Virginia Peninsula Regional Jail
ERO Washington

FINDINGS BY NDS 2000 MAJOR CATEGORIES
NDS 2000 STANDARDS INSPECTED 5

DEFICIENCIES

Part 1 – Detainee Services
Access to Legal Material
Admission and Release
Correspondence and Other Mail
Detainee Classification System
Detainee Grievance Procedures
Detainee Handbook
Food Service
Funds and Personal Property
Staff-Detainee Communication
Telephone Access
Sub-Total

0
0
0
0
0
0
1
0
0
1
2

Part 2 – Security and Control
Environmental Health and Safety
Special Management Unit (Administrative)
Special Management Unit (Disciplinary)
Use of Force
Sub-Total

2
0
0
0
2

Part 3 – Health Services
Medical Care
Suicide Prevention and Intervention
Sub-Total

0
0
0

Total Deficiencies

5

4

For greater detail on ODO’s findings, see the Inspection Findings section of this report.

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November 2015
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Virginia Peninsula Regional Jail
ERO Washington

INSPECTION PROCESS
Every fiscal year, the Office of Detention Oversight (ODO), a unit within U.S. Immigration and
Customs Enforcement’s (ICE) Office of Professional Responsibility (OPR), conducts
compliance inspections at detention facilities in which detainees are accommodated for periods
in excess of 72 hours and with an average daily population greater than ten detainees, to
determine compliance with the applicable ICE National Detention Standards (NDS) 2000, the
Performance-Based National Detention Standards (PBNDS) 2008 or 2011.
During the compliance inspection, ODO reviews each facility’s compliance with those detention
standards that directly affect detainee health, safety, and/or well-being. 6 Any violation of written
policy specifically linked to ICE detention standards, other policies, or operational procedures
that ODO identifies is noted as a deficiency. ODO also highlights any deficiencies found
involving those standards that ICE has designated, under either the PBNDS 2008 or 2011, to be
“priority components.” 7 ICE considers those components to be of critical importance, given
their impact on facility security and/or the health and safety, legal rights, and quality of life of
detainees in ICE custody.
Immediately following an inspection, ODO hosts a closeout briefing in person with both facility
and ERO field office management to discuss their preliminary findings, which are summarized
and provided to ERO in a preliminary findings report. Thereafter, ODO provides ERO with a
final compliance inspection report to: (i) assist ERO in working with the facility to develop a
corrective action plan to resolve identified deficiencies; and (ii) provide senior ICE and ERO
leadership with an independent assessment of the overall state of ICE detention facilities. The
reports enable senior agency leadership to make decisions on the most appropriate actions for
individual detention facilities nationwide.

6
7

ODO reviews the facility’s compliance with selected standards in their entirety.
Priority components have not been identified for the NDS 2000.

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Virginia Peninsula Regional Jail
ERO Washington

DETAINEE RELATIONS
ODO interviewed 11 detainees, who volunteered to participate. None of the detainees made
allegations of mistreatment, abuse, or discrimination. The majority of detainees reported being
satisfied with facility services, with the exception of the complaints below:
•

Admission and Release: One detainee alleged he was not provided with any paperwork
explaining why he was being detained. Two female detainees alleged their housing unit
had run out of toilet tissue and sanitary napkins.
o

Action Taken: ODO reviewed the detention file of the detainee who alleged not
receiving any paperwork regarding his detainment and found that the detention
file contained all required documentation.
VPRJ notified ODO that the female housing unit had been replenished with toilet
tissue and sanitary napkins in a timely manner. ODO observed a supply of toilet
tissue in the commissary and sanitary napkins located at the housing unit during
this inspection.

•

Funds & Personal Property: One detainee alleged that the personal property he had in
storage while being detained at the Immigration Centers of America, Farmville, VA
detention facility went missing and was not transferred to VPRJ.
o

•

Detainee Grievance Procedures: One detainee alleged that he had not received a
response to a grievance which he had filed over a month ago regarding a request for a
new basketball.
o

•

Action Taken: ODO was informed by the AFOD that ERO was aware of the
missing property and was looking into the issue.

Action Taken: ODO reviewed the grievance log and the detainee’s detention file
and found no record of the grievance being filed. However, ODO did relay the
detainee’s concern to a facility staff member.

Food Service: Four detainees expressed dissatisfaction with the food. Detainees alleged
the food contains too much starch, is under cooked, high sugar content and the facility
serves too many carbohydrates. One detainee alleged, despite her Hindu religious dietary
restrictions, the facility continuously serves her meat.
o

Action Taken: ODO reviewed the 28-day menu, medical diet, and the common
fair menus and verified a dietician approved the menus.
Although ODO reviewed the detainee’s dietary plan, which evidenced a Hindu
religious diet requirement for the detainee, ODO nevertheless directly notified
food service regarding the detainee’s food service needs. Food Service then
advised ODO that they will provide the detainee with the appropriate special diet.
ODO observed the special diet being prepared.

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Virginia Peninsula Regional Jail
ERO Washington

•

Medical Care: One detainee complained about access to dental care, specifically that he
had to wait three months to receive a filling.
o

Action Taken: ODO reviewed sick call requests as well as the detainee’s medical
records and found that the alleged delay in receiving a tooth filling was due to the
detainee refusing to see the dentist on the day he was scheduled. The detainee
was referred to medical for follow up.

Office of Detention Oversight
November 2015
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Virginia Peninsula Regional Jail
ERO Washington

INSPECTION FINDINGS
DETAINEE SERVICES
FOOD SERVICE
ODO observed the food tray carts were not secured before being transported to the housing units
(Deficiency FS-1 8).
TELEPHONE ACCESS
ODO was unable to verify that ERO conducted serviceability checks. ERO was made aware that
no weekly telephone serviceability worksheets were available (Deficiency TA-1 9).

SECURITY AND CONTROL
ENVIRONMENTAL HEALTH AND SAFETY
A review of the documented monthly fire drills conducted in the facility revealed detainees were
not evacuated from the housing units (Deficiency EH&S-1 10).
A review of the documented monthly fire drills conducted in the facility revealed emergency
keys were not drawn and tested (Deficiency EH&S-2 11).

8

“A member of the food service staff will oversee the loading of satellite feeding carts. Staff shall inspect and
secure all food carts before allowing their removal from the food service area.” See ICE NDS 2000, Standard, Food
Service, Section (III)(C)(2)(i).
9
“Each serviceability test shall be documented using the attached form. The field office shall maintain forms in a
retrievable format, organized by month, for a three-year period.” See ICE Memorandum to the Field Office
Directors from the Office of Detention and Removal Operations dated April 4, 2007, Detainee Telephone Services.
10
“Detainees will be evacuated during fire drills, except in areas where security would be jeopardized or in medical
areas where patient health could be jeopardized or, in individual cases when evacuation of patients is logistically not
feasible. Staff- simulated drills will take place instead in the areas where detainees are not evacuated.” See ICE
NDS 2000, Standard, Environmental Health and Safety, Section (III)(L)(4)(b).
11
“Emergency key drills will be included in each fire drill, and timed. Emergency keys will be drawn and used by
the appropriate staff to unlock one set of emergency exit doors not in daily use. NFPA recommends a limit of four
and one-half minutes for drawing keys and unlocking emergency doors.” See ICE NDS 2000, Standard,
Environmental Health and Safety, Section (III)(L)(4)(c).

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Virginia Peninsula Regional Jail
ERO Washington