ICE Detention Standards Compliance Audit - West Texas Detention Facility, Sierra Blanca, TX, ICE, 2009
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• MGT OF AMERICA, INC 1333 New Hampshire Avenue NW Washington, DC 20036 Contract # 04-00-80-3818 ICE National Detention Standards Compliance Review • • Facility: West Texas Detention Facility Inspection Dates: October 13-15, 2009 Report Date: October 16, 2009 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) • 1III1III1III1III1III_~~~~~~-~~5--5-5-5-5-55·-5555~ 1I 1III1III1III1III1III1III..1III1III................1III.. -_.. _.•... 1333 New Hampshire Ave. NW Suite 300 Washington, DC 20036 MGT OF AMERICA, 202/419-3930 (T) 202/419-3931 (F) W\VW.MGTofAmerica.com INC. October 16, 2009 MEMORANDUM FOR: David Venturella Office of Detention and Rem FROM: b6,b7c ons b6,b7c Lead Compliance Ins b6,b7c SUBJECT: • West Texas Detention Facility Annual Detention Review MGT of America performed an annual inspection for compliance with the ICE National Detention Standards (NDS) at the West Texas Detention Facility located in Sierra Blanca, Texas during the period of October 13-15,2009. This facility is an IGSA. The annual inspection was performed under the guidance of Stephen J. Huffman, Lead Compliance Inspector. Team members were: SlIJ,Ije¢fM#ttefFi!!I!l . . Security Health Services Food Services Safety T~ ~~lIllber b6,b7c TyPe ofReview This review is a scheduled annual inspection which is performed to determine overall compliance with the ICE NOS. The facility received a previous rating of "Acceptable" during the October 2008 inspection. Review Summary • The West Texas Detention Facility is accredited by the American Correctional Association (ACA). The facility is not accredited by the National Commission on Correctional Health Care (NCCHC) or the Joint Commission on Accreditation of Health Organizations (JCAHO). FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page II • MGT ==================================--"0' AMERICA, iNC Standards Compliance The following information is a summary of the standards that were reviewed and overall compliance that was determined as a result of the 2009 and 2008 National Detention Standards compliance annual inspection. . 20081itSoeCtion Compliant Deficient Repeat Deficiency Not Applicable 1009 Im,pection 35 0 0 3 Compliant Deficient Repeat Deficiency Not Applicable 37 0 a 1 Best Practices The West Texas Detention Facility has well written and comprehensive policies, and their staff is knowledgeable ofICE National Detention Standards. The West Texas Detention Facility Law Library is well managed and offers a wide range oflegal material which is accessible to the detainee population. • Recommended Rating and Justification: The Lead Compliance Inspector recommends that the facility receive a rating of "Good." LCI Assurance Statement The findings of compliance and noncompliance are accurately and completely documented on the G-324A Inspection form and are supported by documentation in the inspection file. An out brief was b6,b7c b6,b7c conducted at the facility and the following were present: , Warden; , b6,b7c Assistant Warden; b6,b7c , Health Service Administrator; , Administrative Assistant; and b6,b7c , ICE lEA. b6,b7c Signature: LCI October 16, 2009 Date • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 12 Department Of Homeland Security Immigration and Customs Enforcement Reviewed ICE Service Processing Center ICE Contract Detention Facility ICE Service B. Current Insnection Type of Inspection D Field Office ~ HQ Inspection Date[s] of Facility Review October 13-15, 2009 C. PreviouslMost Recent Facili Review Date[s] of Last Facility Review October 14-16, 2008 Detention Facility Inspection Form Facilities Used Over 72 hours I Estimated Man-days Per Year: 176,136 G. Accreditation Certificates List all State or National Accreditation[s1received: American Correctional Association Check box if facility has no accreditation[ s1 H. Problems 1 Comnlaints (Conies must be attached) The Facility is under Court Order or Class Action Finding D Court Order D Class Action Order The Facility has Significant Litigation Pending D Major Litigation D Life/Safety Issues IL!:J Check if None. Previous Rating aCl IS or Date Built August 2004 Date Last Remodeled or Upgraded June 2009 Date New Construction 1 Bed space Added February 20001516 beds Future Construction Planned D Yes ~ No Date: N/A Current Bed space Future Bed space (# New Beds only) 1054 Number: NIA Date: N/ A Officer b6,b7c b6,b7c ~ul)-U'ITI{:e (List Office with oversight responsibilities) Texas J. Total Facility Population Total Facility Intake for previous 12 months 4,217 Total ICE Man-days for Previous 12 months 15, 074 K. Classification Level (ICE SP C sandCD Fs 0 uly) E ICE Information Name ofLCI (Last Name, Title and Duty Station) 1 LCI 1 MGT of America, Inc. b6,b7c Name of Team Member 1 Title 1 Duty Location b6,b7c 1 CI-Food Service 1 MGT of America, Inc. Name of Team Member 1Title 1 Dnty Location b6,b7c 1 CI-Security & Safety 1 MGT of America, Inc. Name of Team Member 1Title 1 Dnty Location b6,b7c 1 CI-Health Services 1 MGT of America Inc. Name of Team Member 1 Title 1 Duty Location 1 1 LOI"tract or IOSA L-l N/A N/A Adult Male Adult F ennale L-2 N/A N/A L-3 N/A N/A L. Facility Capacity Rated Operational Emergency Adult Male 1006 960 1032 Adult Female 48 48 48 D Facility holds Juveniles Offenders 16 and older as Adults M. Average Daily Ponulation ICE I AdultMale 41 I Adult Fennale 0 USMS 454 53 Other 0 0 per Charges: (If None, Indicate N/A) N. Facility Staffing Level b2High FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Form 0-324A SIS (Rev. 7/9/07) Detention Facility Inspection Form Facilities Used Over 72 hours Department Of Homeland Secnrity Immigration and Cnstoms Enforcement • Sil!llificant Incident Smnmar:,: Worksheet For ICE to complete its review of your facility, the following information must be completed prior to the scheduled review dates. The information on this form should contain data for the past twelve months in the boxes provided. The information on this form is used in conjunction with the ICE Detention Standards in assessing your Detention Operations against the needs of the ICE and its detained population. This form should be filled out by the facility prior to the start of any inspection. Failure to complete this section will result in a delay in processing this report and the possible reduction or removal of ICE' detainees at your facility. " Phoi,ol, Types' Assault: Offenders on Offenders] etc.) With Without A"HHit: Types (Sexual Detainee on Staff With , etc.) Without . or rorc~~~~~~s, inc!. Forced Cell _4 Dis Number of Times Chemical Agents Used E f T i m e S Special usea ~ _~I ' # Times Four/Five Point Restraints applied/used a ': T rpe~(C~?t:':ir'rB~Bed, Offender / Detainee Medical Referrals as a result of injuries ~ ~ ~ ~ L _ Escapes Actual I Deaths #D # Resolved in favor of Offender/Detainee Reason.\: ':. '-:~"" ", Jan-Mar Apr- Jun Jul- Sept Physical Physical Physical Physical 0 0 0 0 12 10 12 6 N/A N/A N/A Physical 0 0 0 0 0 0 0 1 0 1 2 0 0 0 1 0 0 0 0 0 9 3 5 0 0 0 0 0 0 0 0 0 0 3 7 0 0 0 0 0 0 0 0 0 12 48 46 43 3 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 Oct-Dec Suicide, "uuw .. " ~utsid~ ~a;:ses referred for IVleal"al Referrals I #• • Outside Care I ~ Cases referred for Any attempted physical contact or physical contact that involves two or more offenders Oral, anal or vaginal penetration or attempted penetration involving at least 2 parties, whether it is consenting or non-consenting Routine transportation of detainees/offenders is not considered "forced" Any incident that involves four or more detainees/offenders, includes gang fights, organized multiple hunger strikes, work stoppages, hostage situations, major fires, or other large scale incidents. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Form G-324A SIS (Rev. 7/9/07) Department Of Homeland Security Immigration and Customs Enforcement Detention Facility Inspection Form Facilities Used Over 72 hours DBS/ICE Detention Standards Review Summary Report 2. Deficient 1. 3. At Risk 4. 1. 2. 3. 4. 5. 6. 7. 8. 9. Access to Legal Materials Admission and Release Classification System Correspondence and Other Mail Detainee Handbook Food Service Funds and Personal Property Detainee Grievance Procedures Group Presentation On Legal Rights 11. 12. 13. 14. 15. 16. 17. Marriage Requests Non-Medical Emergency Escorted Trips Recreation Religious Practices Access to Telephones Visitation Work 20. 21. Hunger Strikes Access to Medical Care Suicide Prevention and Intervention Directives and Death Terminal 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. Contraband Detention Files Disciplinary Policy Emergency Plans Environmental Health and Safety Hold Rooms in Detention Facilities Key and Lock Control Population Counts Post Orders Secnrity Inspections Special Management Units (Administrative Segregation) Special Management Units (Disciplinary Segregation) Tool Control Transportation (Land Transportation) Use of Force Staff / Detainee Communication (Added August 2003) Detainee Transfer 5.Not AI findings (Deficient and At-Risk) require written comment describing the finding and what is necessary to meet ~pliance. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Fonn G·324A SIS (Rev. 7/9/07) Department Of Homeland Security Immigration and Customs Enforcement • Detention Facility Inspection Form Facilities Used Over 72 hours LeI Review Assurance Statement By signing below, the Lead Compliance Inspector (LCI) certifies that all findings of noncompliance with policy or inadequate controls contained in the Inspection Report are supported by evidence that is sufficient and reliable. Furthermore, findings of noteworthy accomplishments are supported by sufficient and reliable evidence. Within the scope of the review, the facility is operating in accordance with applicable law and policy, and property and resources are efficiently used and adequately safeguarded, except for the deficiencies noted in the report. SPECTOR LEAD COMPT.T . Lead Compliance Inspector: (Print Name) b6,b7c b6,b7c ! b6,b7c Title & Duty Location LCI, MGT of America, Inc. ,/ "'- October 15,2009 TEAM MEMBERS Print Name, Title, & Duty Location Print Name, Title, & Duty Location b6,b7c CI-Food Service, MGT of America,Inc. Print Name, Title, & Duty Location b6,b7c • b6,b7c , CI-Security & Safety, MGT of America, Inc. Print Name, Title, & Duty Location , CI-Medical Services, MGT of America, Inc . commended Rating: o Superior IZl Good o Acceptable o Deficient OAt-Risk Comments: • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Form G-324A SIS (Rev. 7/9/07) Department of Homeland Security Immigration and Customs Enforcement Office of Detention and Removal • • Condition of Confinement Review Worksheet (This document must be attached to each G-324A Inspection Form) This Form to be used for Inspections of all Facilities Used Over 72 Hours ICE Detention Standards Review Worksheet I:gj D D Local Jail- IGSA State Facility - IGSA ICE Contract Detention Facility Name West Texas Detention l' Address (Street and Name) 401 S. VIIIIIIPrll Ave., P.O. Box 430 City, State and Zip Code , 1>1. Texas 79851 County .L n Name and Title of Chief Executive Officer (Warden/OIC/Superintendent) "'- ... b6,b7c Name and Title of Reviewer-In-Charge b6,b7c ,LCI Date[s] of Review October 13-15. 2009 Type of Review I:gj Headquarters D Operational D Special Assessment DOther FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 TABLE OF CONTENTS • DETAINEE SERVICES STANDARDS (SECTION I) .................................................................................. 3 ACCESS TO LEGAL MATERIALS ...................................................................................................................... . ADMISSION AND RELEASE .............................................................................................................................. . CLASSIFICATION SYSTEM ............................................................................................................................... . CORRESPONDENCE AND OTHER MAIL. .......................................................................................................... . DETAINEE HANDBOOK ................................................................................................................................... . FOOD SERVICE ................................................................................................................................................ . FUNDS AND PERSONAL PROPERTY ................................................................................................................ . DETAINEE GRIEVANCE PROCEDURES ............................................................................................................ . GROUP PRESENTATIONS ON LEGAL RIGHTS .................................................................................................. . ISSUANCE AND EXCHANGE OF CLOTHING, BEDDING, AND TOWELS ............................................................ . MARRIAGE REQUESTS .................................................................................................................................... . NON-MEDICAL ESCORTED TRIPS ................................................................................................................... . RECREATION ................................................................................................................................................... . ACCESS To TELEPHONES ............................................................................................................................... . VISITATION ...................................................................................................................................................... . VOLUNTARY WORK PROGRAM ...................................................................................................................... . • HEALTH SERVICES STANDARDS (SECTION II) ................................................................................. 30 HUNGER STRIKES ............................................................................................................................................ . ACCESS To MEDICAL CARE ........................................................................................................................... . SUICIDE PREVENTION AND INTERVENTION ................................................................................................... . TERMINAL ILLNESS, ADVANCED DIRECTIVES AND DEATH .......................................................................... . SECURITY AND CONTROL STANDARDS (SECTION III) .................................................................... 45 CONTRABAND ................................................................................................................................................. . DETENTION FILES ........................................................................................................................................... . DISCIPLINARY POLICY .................................................................................................................................... . EMERGENCY PLANS ........................................................................................................................................ . ENVIRONMENTAL HEALTH AND SAFETY ....................................................................................................... . HOLD ROOMS IN DETENTION F ACILITIES ...................................................................................................... . 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 .................................................................................................................. . >0 • • • • • • • • • • • • • • • • • • • • • • • 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 INCLUDING THOSE STANDARDS WHERE AN OVERALL FINDING OF ACCEPTABLE WAS ACHIEVED. FOR OFFICIAL USE ONL Y (LAW ENFORCEMENT SENSITIVE) Page 2 of75 • SECTION I DETAINEE SERVICES STANDARDS • • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 3 of75 ACCESS TO LEGAL MATERIALS POLICY: FACILITIES HOLDING ICE DETAINEES SHALL PERMIT DETAINEES ACCESS TO A LAW LillRARY, AND PROVIDE LEGAL MATERIALS, f PRIVILEGES, AND TIfP ; LEGAL DOCUMENTL NITYTOl '''II.ITIE'_ 1>~M'DL'. YES No NA The fucility provides a designated law library for detainee use. Facilitypolic~and the detainee handbook outline all library ~ I 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. . a . number of chairs, is well lit, and is The library I from noisy areas. andlor computers, ~nh: ~:: '>U~_"'J . ;for, In addition to the physical law library, detainees have access to the Lexis Nexis electronic law library. I~:;;; D D ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D Detainees are . I to assist other detainees, '''J and free of charge, in researching and preparing legal documents, consistent with ~ D D . without legal representation just English-language law books after ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D the T eyi, Neyi, Where lih~rv i< per week in the library. Detainees are offured a 5 Detainees are not required to forego recreation time in lieu oflihraryusage. of the law library. : facing a court deadline are given. may request . not currently in the law library. Each request is reviewed and, where appropriate, an acquisition request is timely initiated. Requests for copies ofeaurt decisions areaccorrunodated within 3 - 5 : days. receive access to more : their need for help. Detainees Uta! l,",~(lJU amount ofpersonal legal material in the general population and in the special management unit. Stored legal : are , within 24 hours of a written reo"e,t Detainees housed in . ,r and "J units have the same law library access as the general population, barring security concerns. Detainees denied access to legal materials are .A , for lifting 01 documented and. All denials of access to the law library fully documented. '" • staff ICE when a or group of : is rlenierl .cce" to the law library or law who seek iudicial relief on any matter are not subjected to , or: ~ ACCEPTABLE There are 3 computers with access to the Lexis Nexis I .nrl i, e""ent ,,,h i'herllegal Outside persons and organizations are pennitted to material for inclusion in the legal library. Outside published material is I and I by ICE prior to inel",inn. There is a : I;:~E or fuc!li~nd u~ v J 'Wh~n a routine basis. and Illiterate or ,.;, D DEFICIENT D AT-RISK -0-: staff. The ~ v&'. was updated 4 days prior to the review. D REPEAT FINDING FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 4 of75 REMARKS: b6,b7c b6,b7c b6,b7c • • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 5 of75 ADMISSION AND RELEASE POLlCY: ALL DETAINEES WILL BE ADMIITED AND RELEASED IN A MANNER THAT ENSURES THEIR HEALTH, SAFETY, AND WELFARE. THE ~~~~.~~~':~ PROCEDURE WILL, AMONG OTHER THINGS INCLUDE: MEDICAL SCREENING; A FILE-BASED ASSESSMENT AND CLASSIFICATION A BODY SEARCH; AND A SEARCH OF PERSONALBEWNGINGS, WHICH WILL BE INVENTORIED, DOCUMENTED, AND SAFEGUARDED AS 'F "RY. (' YES h, ~ an of the facility. The orientation includes: Unacceptable activities and behavior, and corresponding sanctions; How to contact ICE; The availability ofpro bono legal services, and how to pursue such services; schedule of programs, services, daily NO NA lSI D D Per facility policy, all detainees receive an orientation presentation, view an orientation video, and receive the detainee handbook. lSI D D Medical staff does all the intake medical screenings. activities, including visitation, telephone usage, mail service, religious programs, count procedures, access to and use ofthe law library and the -I library; sick-call and the detainee handbook. Medical screenings are performed by medical staff or persons who have received specialized training for the purpose of conducting an initial health ; have bee~and are ,.-, office. All new arrivals are searched in accordance with the "Detainee Search" standard. An officer ofthe same sex as the detainee conducts the search and the search is conducted in an area that affords as much privacy as • .. L.J 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 do":n, unless I is . ~!~ "e standard governs all personal property searches. ,~JAo,~""rs use or have a similar contraband standard. Staffprepares a cOlnpl.ete inventory of each detainee s possessions. The detainee receives a copy. ...r form,", ,oncl Tn~A< "y Form 1-387 v' 1, . I allI-387 claims to ICE. ; are issued appropriate and sufficient clothing and bedding for the , items as needed. The facility provides and Gender-specific items are available. ICE Detainees are not charged for these items. I with ICE using a Form 1-203. All ; are I : fur release as ~llll 1 LJ '" J . I0; classified again by the mc""" as .~vu.uy D D D D lSI D D lSI D D lSI D D lSI D D lSI [J [J I:i<J LJ LJ LJ REMARKS: b6,b7c b6,b7c II O-I5-~E AUDlTOR'SSIGNATURE ..----b6,b7c • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 6 of75 CLASSIFICATION SYSTEM POLICY: ALL FACILITIES WILL DEVELOP AND IMPLEMENT A SYSTEM ACCORDING TO WHICH ICE DETAINEES ARE CLASSIFIED. THE SYSTEM WILL ENSURE THAT EACH DETAINEE IS PLACED IN THE APPROPRIATE CATEGORY, PHYSICALLY SEPARATED FROM rA· e YES The fucility has a system for classifYing detainees. In CDFs and IGSAs, an Objective Classification System or similar is used. system inclu"e,: The fucility • 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 The I A_file., nfficer etc., to I new arrival. Staff uses only that is factual, and to determine classification assignments. Opinions and unsubstantiated! unconfirmed reports may be filed but are not used to score cI Hn",in~ ; are based on -leVel. A detainee's classification-level does not affect hislher recreation opportunities. Detainees recreate with persons of similar classification work assignments are based upon classification rhe classification process includes reassessment/reclassification. At IGSA's, detainees may 160 days after~ival. Procedures exist for a detainee to appeal their classification assigrunent. Only a designated supervisor or classification specialist has the authority to reduce a classification-level on appeal. Classification appeals are resolved within five business days and detainees are notified of the outcome within 10 business days. may be to a higher ,or, .:. ~;, ,such as the The Detainee Handbook or equivalent for !GSAs explains the classification levels, with the conditions and restrictions : to each. o I2J ACCEPTABLE DEFICIENT No NA I2J 0 0 Facility policy describes the, process. ICE detainees have been classified by ICE prior to arrival, but are classified by fucility staff upon arrival as . and I2J 0 0 ICE detainees are housed separate from the general population. ,-, ,-, "'" LJ LJ I2J 0 0 ~ LJ LJ I2J 0 0 I2J 0 0 0 I2J 0 The !GSA facility reassesses the detainee classification every 90 days. I2J 0 0 Detainees can appeal their classification through the grievance process. I2J 0 0 I2J 0 0 I2J 0 0 .~ OAT-RISK o REPEAT FINDING REMARKS: b6,b7c n"~ ,,~, b6,b7c AUDITOR'S SIGNATURE • ~ b6,b7c FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 7 of75 , , I , E' CORRESPONDENCE AND OTHER MAIL ALL FACILITIES WILL ENSURE THAT DETAINEES SEND AND RECEIVE CORRESPONDENCE IN A TIMELY MANNER, SUBJECT TO FOR THE SAFETY, SECURITY, AND ORDERLY OPERATION OFTHE FACILITY. OTHER MAlL WILL BE PERMITTED, SUBJECT ; SAME EACH r, 'WILL WIDELY DISTRIBIITE ITS GUIDELINES CONCERNING CORRESPONDENCE AND ornER MAIL. YES No NA The rules for correspondence and other mail are posted in each Correspondence rules and regulations are housing or common area, or provided to each detainee via a addressed in the detainee handbook and every detainee handbook. detainee receives a handbook. These rules and ~ 0 0 regulations are also posted in the housing units. The facility provides key information in languages other than English; In the language(s) spoken by significant numbers of detainees. List . within 24 hours or I : mail is distributed to ;-day after it is received and . Outgoing mail is delivered to the postal service within one ~ 0 0 ~ 0 0 ~ 0 0 and other mail (including packages and publications) without the detainee present unless documented and authorized in writing by the Warden for reasons. 0 ~ 0 detainee and is not a requirement ofIGSA facilities. Staff does not read incoming general correspondence without the Warden's prior written _1 0 ~ 0 Mail is generally read for security reasollS. ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 business day of its entering the internal mail system (excluding , ";'d L Staff does not open and inspect incoming general correspondence Staff does not inspect incoming special Correspondence for physical contraband or to verifY the Hspecial" status of enclosures without the detainee n,.,.,en' CiS . from reading or copying incoming special Staff is only authorized to inspect outgoing correspondence or other mail without the detainee present when there is reason to believe the item might present a threat to the facility's secure or orderly operation, endanger the recipient or the public, or might facilitate criminal "C';";'''. : to a politician or to the media is processed as special and is not read or copied. The official authorizing the rejection of incoming mail sends written notice to the sender and the addressee. The official authorizing . or rejection of outgoing mail . , the detainee with signed written notice. Staff a written record of every item removed from , mail. The Warden or equivalent monitors staff handling of discovered contraband and its disposition. Records are accurate and up to date. The procedure for safeguarding cash removed from a detainee protects the detainee from loss of fimds and theft. The amount of cash credited to detainee accounts is accurate. Discrepancies are documented and investigated. Standard procedure includes issuing a receipt to the detainee. Original identity documents (e.g., passports, birth certificates) are immediately removed and forwarded to ICE staff for placement in E 'the , a copy or rusiller ,uvm;,y Mail is not opened in the presence of the Facility policy describes the mail rules and regulations. Funds received are placed in the detainee's account in the Business Office and detainee is given" rpcp;n' FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 8 of75 CORRESPONDENCE AND OTIlER MAIL ~ POLICY: , I ALL FACILITIES WILL ENSURE THAT DETAINEES SEND AND RECEIVE CORRESPONDENCE IN A TIMELY MANNER, SUBJECT TO I IIIn;n FOR THE SAFETY, SECURITY, AND ORDERLY OPERATION OFTHEFACILITY. OTHER MAIL WILL BE PERMfITED, SUBJECT ; SAME I E A C H ' WILL ' r.Inn", INR< , AND OTHER MAIL. Staff disposes of prohibited items found in detainee mail in accordance with the "Control and Disposition of Contraband" Standard or the similar ' : policy in [GSAs. Every indigent detainee has the opportunity to mail, at government expense, reasonable correspondence about a legal matter, in three one ounce letters per week and packages deemed I by ICE. The facility has a system for detainees to purchase stamps and for mailing all special correspondence and a minimum of5 pieces of general , per week. The facility provides writing paper, envelopes, and pencils at no cost to ICE detainees. 0 I2<:l ACCEPTABLE DEFICIENT I2<:l 0 0 I2<:l 0 0 I2<:l 0 0 I2<:l 0 0 OAT-RISK A commissary is provided for the detainees to purchase stamps. o REPEAT FINDING REMARKS: b6,b7c b6,b7c 110-15-0 SIG ~ b6,b7c • • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 9 of75 DETAINEE HANDBOOK POLICY: EVERY OIC WILL DEVELOP A SITE-SPECIFIC DETAINEE HANDBOOK TO SERVE AS AN OVERVIEW OF, AND GUIDE TO, THE DETENTION r .r.~o RULES, AND PROCEDURES IN EFFECT AT THE FACILITY. THE HANDBOOK WILL ALSO DESCRIBE THE SERVICES, PROGRAMS, AND t"UKI UNlll~' AVAILABLE THROUGH VARIOUS SOURCES, INCLUDING THE FACILITY, ICE, PRIVATE ORGANIZATIONS, ETC. EVERY DETAINEE WILL KCChl v A COPY OF THIS HANDBOOK UPON ADMISSION TO THE FACILITY. NO YES NA "Ii'UA """" J, handbook is written in Fnali,h and translated into IT ,or into the The handbook is by the facility orientation video, where one is "'""". All staff members receive a handbook and training regarding the handbook contents. The handbook is revised as necessary and there are procedures in place for immediately communicating any revisions to staff and detainees. There en onnm I review ofthe handbook by a designated committee The I:2l 0 0 I:2l 0 0 I:2l 0 0 I:2l 0 0 I:2l 0 0 I:2l 0 0 I:2l 0 0 I:2l 0 0 will be I:2l 0 0 units, dayrooms, in, and spe~i~~e facilit~'units,' dorm The handbook describes official count times and count procedures; meal times and feeding procedures; procedures for medical or religious diets; smoking poJicy; clothing exchange schedules; and, if authorized, clothes washing and drying procedures, and expected I:2l 0 0 I:2l 0 0 I:2l 0 0 I:2l 0 0 I:2l 0 0 I:2l I:2l I:2l [J [J 0 0 [J [J [2l 0 0 [2l 0 0 nr • Personal Items permitted to be retained by the detainee; and • Initial issue of clothes, bedding and personal hygiene items. handbook states in clear language the basic detainee The _'L Illies. '.,. The handbook clearly outlines the methods for classification of detainees, explains each level, and explains the classification ~ states when a medical The handbook describe times and procedures for obtaining disposable razors, and allows that detainees attending court will be I the nnnnrhmi""n shave first. The handbook describes barber hours and hair cutting restrictions. The handbook describes the telephone policy; debit card procedures; direct and free calls; locations oftelephones; policy when telephone demand is high; and policy and procedures for emergency phone calls. The The The ~aw states times and procedures for commissary or , usage, where available. ; the, the library location and hours ofoperation, .~. and schedules. library· attorney and regular visitation hours, and HU" A handbook is issued to staff during employee orientation. Employees are issued a new handbook when changes are made. In-service training is on a regular basis. Barber hours are not listed in handbook as they vary. Hours are announced in housing areas prior to hair cuts being given. Telephone policy is explained in handbook; however, debit card procedures are not addressed. Information regarding use of debit cards is posted in housing area next to phones. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 10 of75 I DETAINEE HANDBOOK POLICY: EVERY OlC WILL DEVELOP A SITE-SPECIFIC DETAINEE HANDBOOK TO SERVE AS AN OVERVIEW OF, AND GruDE TO, THE DETENTION ".~.ro RULES, AND PROCEDURES IN EFFECT AT THE FACILITY. THE HANDBOOK WILL ALSO DESCRIBE THE SERVICES, PROGRAMS, AND rrv", um, ,,:~ AVAILABLE THROUGH VARIOUS SOURCES, INCLUDING THE FACILITY, ICE, PRIVATE ORGANIZATIONS, ETC. EVERY DETAINEE ",n. ,ACOPYOFTHIS [UPON. ITOTHIlFACILITY. No NA YES , the facility , The. I policy. IZI LJ [J '~O'v"Vv; the facility visiting hours and schedule, and D D : rules and rem.bt;nn, ; the ,policy and: [J [J The handbook describes the detainee disciplinary policy and procedures, including: 0 Prohibited acts and severity scale sanctions; D D 0 Time limits in the Disciplinary Process; and 0 'ope ~;~~h' IZI IZI IZI The grievance section of the handbook explains all steps in the grievance process - Including: l l V V " . . . . , . . ~VV) . . . . . . . ." .... 5' The appeals process; 0 In CDF facilities: procedures for filing an appeal of a grievance with ICE. 0 Staftldetainee availability to help during the grievance process. 0 Guarantee against staff retaliation for filing/pursuing a grievance. 0 How to file a complaint about officer misconduct with the tot ~ . ; the medical sick call procedures . general: ' ami . The handbook descnbes the facllity recreation policy including: 0 Outdoor recreation hours. 0 Indoor recreation hours. The describes the detainee dress code for daily living; and work The handbook specifies the rights and responsibilities of all detainees. 0 D DEFICIENT IZI ACCEPTABLE I IZI D D IZI D D IZI D D IZI D D IZI D D D AT-RISK Grievance procedures are clearly explained in the handbook. Recreation policy is addressed in the handbook; however, hours for indoor/outdoor recreation are not listed. D REPEAT FINDING REMARKS: Telephone policy is described in handbook, with the exception of debit card procedures. Infunnation regarding the use of a debit card and making collect calls is posted in housing areas next to the phone. Barber hours are not listed in the handbooks as they vary according to facility activities. Advance notice is given to detainees so that they are aware when haircuts will be given. Recreation hours are not listed in handbook; during the inspection, a written schedule of recreation hours was prepared and posted in housing areas. b6,b7c /10-15-09 AUDITOR'SSIG b6,b7c ~ b6,b7c • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 11 of75 -- FOOD SERVICE POLICY: EVERY FACILITY WILL PROVIDE DETAINEES IN ITS CARE WITH NUTRITIOUS AND APPETIZINGMEALS,PREPAREDIN ACCORDANCEWITH '0. YES NO NA Responsibilities of cooks and cook foremen are in writing. The Food Service Administrator (FSA) determines the responsibilities of the Food Service Staff. [2] D D The Cook Supervisor is on duty on days when the FSA is off duty and vice versa. The FSA provides food service employees with training that specifically addresses detainee-related issues. [2] D D [2] D D [2] D D [2] D D All knires being used are physically secured to work stations as required by the standard. Yeast is used at this facility and it is secured inside the FSA's office and locked using an :device. C VIC ..." " . The food service program is under the direct supervision of a professionally trained and certified food service administrator. i • In ICE Facilities this includes a review of the ICE ''Food Service" standard Knife, close with an ~pp'"U : device,. and the , contm 1 t the J The FSA determines the responsibilities of the food service staff and is ServSafe certified. device. All knives not in a secure cutting room are physically secured to the workstation and staff directly supervises detainees using knives at these workstations. Staff monitors the condition of knives and dining When necessary, special procedures govern the handling offood items that pose a secwity threat. [2] D D [2] D D [2] D D [2] D D The FSA annually reviews detainee-volunteer job descriptions to ensure they are accurate and The Cook Foreman or equivalent instructs newly assigned [2] D D detainee workers in the rules and procedures of the food service [2] D D [2] D D [2] D D procedures include daily searches (shakedowns) of : work areas. FSA monitors staff implementation of the facility's counts procedures. Staff is trained in count The detainees assigned to the food service department look neat and clean. Their clothing and grooming comply with the "Food Service" standard. During orientation and training session(s), the CS explains and demonstrates: • • Sare work practices and methods; Safety features of individual products/pieces of equipment; and • Training covers the safe handling of hazardous rnaterial[ s1the detainees are likely to encounter in their work. The Cook Supervisor documents all training in individual detainee detention files. Detainee files located in the Food Service Department were reviewed and contained proper Detainees at CDFs are paid in accordance with the "Voluntary Work Program" standard. Detainee workers at !GSAs are subject to local and state rules and regulations regarding detainee [2] D . . D FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 12 of75 FOOD SERVICE , i I -== POLICY: EVERY FACILITY WILL PROVIDE DETAINEES IN ITS CARE WITH NlITRlTIOUS AND APPETIZING MEALS, PREPARED IN ACCORDANCE WITH '<, 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 tollowmg 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, !GSAs use a 35 day or similar system for : meals, The FSA or fucility considers the ethnic diversity of the facility's detainee population when developing menu cycles YES No NA ~ D D ~ D D ~ D D ~ D D ~ D D /VI n n ~ ~ ~ ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D No more than 14 hours elapse between the last meal served and the first meal the following day This facility operates on a 5 week rotating menu cycle, \ A registered ~L:menu every The FSA has established -1 reci~~~~'u =- , a, nutritional analysis of ,to ensure that items the uuu The Cook Foreman has the authority to change menu items if necessary. • If yes, documenting each substitution, along with its justification • With copy to FSA All staff and know and adhere to written "food , ~ whose religious beliefs require the adherence to religious dietary laws are refined to the Chaplain or A nutritional on the was available for review : menus. A common-fare menu available to detainees whose dietary requirements cannot be met on the main line. • Changes to the planned common-fure menu can be made at the fucility 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; 0 Common-tare meals are served with: • Disposable plates and utensils . • Reusable plates and utensils . Staff use separate cutting boards, koives, spoons, • the '" : diet items, scoops, etc" to A, ....}'. . . at the command level must approve a detainee's I from the Common-Fare The Warden, in conjunction with the chaplain and/or local religious leaders, provides the FSA a schedule ofthe ceremonial calendar year. meals for the • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 13 of75 -- FOOD SERVICE POLICY: EVERY FACILITY WILL PROVIDE DETAINEES IN ITS CARE WITH NUTRITIOUS AND APPETIZING MEALS, PREPARED IN ACCORDANCE WITH L YES NO NA [21 0 0 [21 [J 0 [J 0 [21 0 0 0 0 0 0 [21 0 0 [21 0 0 [21 0 0 The COnunOll- fare program acconnnodates 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-forPassover meals as those who do participate. • Main-line offerings include one meatless meal (lunch or dinner) on Ash The food service pw5' a,a 'and Fridays during Lent. I diets. Satellite-feeding programs follow guidelines for proper sanitation. BV' ='u W'U 'vvuo a,o a, "'0 p",oouvou, 0=0 temperature( s) while being served. All meals are [21 [21 [21 lin Food is not used to punish or reward detainees based upon I~vei~. we,e WUHU 'v ue WWHH 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 .,. Everyone working in the food service department complies with food safety and sanitation requirements. Standard operating procedures include weekly inspections of all food service areas, including dining and food-preparation areas and equipment. • Who conducts the Equipment is inspected for compliance with health and safety codes and regulations. • When was the most recent inspection? • Which agency conducted the Reports of discrepancies are forwarded to the Warden or designated department head, and corrective action is scheduled and Standard procedure includes checking and documenting temperatures of all dishwashing machines after each meal. Staff documents the results of every refiigerator/freezer check. [21 0 0 [21 0 0 [21 0 0 [21 0 0 [21 0 0 The Texas Health Services Retail Food Establishment report dated 7-7-09 was available and indicated compliance with health and ,c_ < and The cleaning schedule for each food service area is conspicuously posted. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 14 of7S FOOD SERVICE -== POLICY: EVERY FACILITY WILL PROVIDE DETAINEES IN ITS CARE WITH NUfRITIOUS AND APPETIZING MEALS, PREPARED IN ACCORDANCEWITH '0. Procedures include inspecting all incoming food shipments for damage, contamination, and pest infestation. ~ <V' .0" areas are locked when not in use. No NA [8J 0 [J 0 [J [8J o [8J ACCEPTABLE YES DEFICIENT OAT-RISK o REPEAT FINDING REMARKS: This fucility Food Service Depart utritionally prepared meals in a safe and clean environment. b6,b7c b6,b7c AUDITOR'S SIGNATU b6,b7c • • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 15 of75 FUNDS AND PERSONAL PROPERTY POLICY: ALL FACILITIES WILL IMPLEMENT PROCEDURES TO CONTROL AND SAFEGUARD DETAINEES' PERSONALPROPERTY. PROCEDURES WILL FOR THE SECURE STORAGE OF FUNDS, VALUABLES, BAGGAGE AND OTHER PERSONAL PROPERTY; THE DOCUMENTATION AND ,~~ ,,' nNe. OF SURRENDERED PROPERTY; AND THE INITIAL AND REGULARLY SCHEDULED INVENTORYING OF ALL FUNDS, VALUABLES, AND OTHER PROPERTY. D STANDARD NA: (lGSA ONLY) CHECK THIS BOX IF ALL ICE DETAINEE FUNDS, VALUABLESAND PROPERTY ARE HANDLEDONLYBY THE Tt"1l'. v, , >:1l ....0"mrR .OFTHE L YES NA No Detainee funds and valuables are properly separated, stored, and are Detainee funds and valuables are [2J accessible only by designated supervisor(s). D D separated and stored in a secured area. '\~;r~: are OWD' cu HO a location accessible to desigoated ~ ,"'ff only. Staff itemizes the baggage and personal property of arriving detainees (including funds and valuables). For IGSAs and CDFs, using a personal fonn that meets the ICE standard? Staff forwards an arriving detainee's medication to the medical staff [2J D D [2J D D [2J D D ~~~~~~~~ and [2J D D [2J D D [2J D D follow written policy for returning forgotten property to [2J D D are immediately reported to the CD EO or Chief of [2J D D ; when rollows written for handling detainee property claims are CDFIIGSA facility_ similar with the ICE_ The facility attempts to notifY an out-processed detainee that helshe lett property in the fucility: • By sending written notice to the detainee's last known address; • Via certified mail; and • The notice state that the detainee has 30 days in which to claim the after which it will be considered abandoned. The fucility disposes of abandoned property in with written procedures. If a CDF/IGSA facility, written procedure requires the prompt to ICE. I2Q LJ LJ [2J D D [2J D D [2J D D property occur each quarter and audits Two officers are present during the processing of detainee funds and valuables during in-processing to the facility. Both officers veruyfunds and valuables. Staff searches arriving detainees and their personal property for contraband. "tarr ~p .'J "UUI • [2J [J DH [ AT-KJ>K All medication found during intake is Eiven to the medical staff ;>tall _, arriving detainees and for contraband. LJ RVP"AT I REMARKS: ! b6,b7c b6,b7c 110-15-09 AUDITOR'S SIGNATURE b6,b7c • ~ ,lY FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 16 of75 DETAINEE GRIEVANCE PROCEDURES POLICY: EVERY FACILITY WILL DEVELOP AND IMPLEMENT STANDARD OPERATING PROCEDURES (SOPS) FOR ADDRESSING DETAINEE IN TIMELY FASHION. EACH STEP IN TIlE PROCESS WILL OCCUR WITHIN THE PRESCRIBED TIME FRAME. AMONG OTHER THINGS, A ::;ruEV,o,N<:E WILL BE PROCESSED, INVESTIGATED, AND DECIDED (SUBJECT TO APPEAL) IN ACCORDANCE WTIH THE SOPS; A GRIEVANCE COMMITTEE WILL CONVENE AS PROVIDED IN THE SOPS. STANDARD PROCEDURE WILL INCLUDE PROVIDING TIlE DETAINEE WITH AWRITTEN RESPONSE TO ANY FORMAL GRIEVANCE, WHICH WILL INCLUDE THE BASIS FOR TIlE DECISION. THE FACILITY WILL ALSO ESTABLISH STANDARD PROCEDURES FOR HANDLING EMERGENCY GRIEVANCES. ALL GRJEV ANCES WILL RECEIVE SUPERVISORY REVIEW. REPRISALAGAlNSTTHEFILER OF A GRIEVANCE WILL NOT BE TOLERATED. RICMARKS YES NA No Written procedures provide for the informal resolution of oral grievances Facility policy and the detainee (Not mandatory). [g] handbook explain the grievance D D • If yes, the detainee has up to five days within which to make procedures. his/her concern known to a member of the staff Detainees have access to the grievance committee (or equivalent in IGSA), using formal procedures. • Detainees may seek help from other detainees or facility staff [g] D D when preparing a grievance. , or receive • special ,when Every member of the staff knows how to identifir emergency grievances, Staff receive grievance training [g] including the procedures for expediting them. D during the 40-hour annual training. D There are documented or substantiated cases of staff harassing, disciplining, penalizing, or otherwise retaliating against a detainee who lodged a complaint: • If yes, oynl.in Procedures include maintaining a Detainee Grievance Log. a If not, an alternative acceptable record keeping system is maintained. a "Nuisance complaints!! are identified in the records. a For quality control purposes, staff document nuisance complaints received but not filed. Staffis required to , ,,""illM' tbat includes officer misconduct to a higher official or, in a , facility, to ICE. D [g] ACCEPTABLE DEFICIENT D [g] D AT-RISK [g] D There are no documented cases of staff harassment toward ICE detainees. D D The Administrative Captain maintains the grievance log. D D D REPEAT FINDING REMARKS: b6,b7c • O " b6,b7c II b6,b7c p~ FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 17 of75 - GROUP LEGAL RIGHTS PRESENTATIONS I POLICY: FACILITIES HOUSING ICE DETAINEES SHALL PERMIT AUTHORIZE PERSONS TO MAKE PRESENTATIONS TOGROUPS OFDETAINEESFOR I~ • TION I ,AWAND PROCEDURES, CONSISTENT WITH THE SECURITY ANDORDERLYOPERATION EACH FACILITY. ICE ENCOURAGES SUCH PRESENTATIONS, WHICH INSTRUCT DETAINEES ABOUT THE IMMIGRATION SYSTEM AND THEIR RIGHTS AND OPTIONS WITHIN IT, ~ 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. YES NA No The Field Office is responsive to requests by attorneys and accredited 0 0 0 ' : for group Upon receipt of concurrence by the Field Office Director, the facility or authorized ICE Field Office ensures timely and proper notification to 0 0 0 i or The fucility follows policy and procedure when rejecting or requesting modifications to objectionable material provided or presented by the 0 0 0 r Ie",' 4~ hours and accessible. is submitted and maintained when detainee is denied I to attend a 'and the l) for the deniaL When the number of detainees allowed to attend a presentation is limited, the facility provides a sufficient number of presentations so that all detainees signed up may attend, Detainees in segregation, unable to attend for may request ;are Such with are admitted when necessary to assist attorneys and other legal Pn,'e,' in advance and ,,:r to, are :a UHV. sheets are vvJ a I of one hour to make the presentation and ' 0.00;' : ICE ito "L.J "L.J "L.J 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LJ LJ LJ 0 0 0 0 0 0 0 0 0 0 0 0 Presenters are pennitted to meet with small groups of detainees to discuss their cases after the group presentation, ICE or authorized detention stalfis present but do not monitor conversations with legal 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 whena group or' , I is I from making The facility plays ICE-approved videotaped on legal rights at at the request of outside regular ' A copy of the Group Legal Rights Presentation policy, including is available to detainees nnnn o DEFICIENT ~ ACCEPTABLE OAT-RISK o REPEAT FINDING i REMARKS: b6,b7c / 10-15-09 AUDITOR'S SIGNATURE b6,b7c • V b6,b7c FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 18 of75 , , ISSUANCE AND EXCHANGE OF CLOTHING, BEDDING, AND TOWELS C POLICY: ICE REQUIRES THAT ALL FACILITIES HOUSING ICE DETAINEES PROVIDE CLEAN CLOTHING, BEDDING, LINENS AND TOWELS TO EVERY UPON ARRlV AL. FURTHER, FACILITIES SHALL PROVIDE ICE DETAINEES WITH REGULAR EXCHANGES OF CLOTHING,LINENS,AND 1.8 FOR AS LONG AS THEY REMAIN IN DETENTION. The facility has a policy and procedure for the regular issuance and exchange of clothing, bedding, linens, and towels. • The supply of these items exceeds the minimum required for the number of detainees. All new detainees are issued clean, temperature-appropriate, presentable clothing during in-processing. Detainees receive: • One uniform shirt and one pair of uniform pants, or one jumpsuit; • One pair of socks; • One pair of underwear (Daily change); and footwear. • One pair or Additional clothing is available for changing weather conditions, or as IY , "re ;«"e~ rie"n I;nen< "n~ tn~ei< YES No NA IZI 0 0 IZI 0 0 IZI 0 0 IZI 0 0 IZI 0 0 """.D". Facility staff issue two sets of required clothing items. 'of a minimum: • One mattress; • One blanket; • Two sheets; • One pillowcase; • One towel; and • Additional blankets are issued based on local weather conditions. I to ~pecial work areas are clothed in accordance with the ; oftheiob. are provided clean clothing, linen and towels. • Socks and undergarments - exchanged daily. • Outer gannents - twice weekly. • Sheets - weekly. • Towels - weekly. • Pillowcases Food service detainee volunteer workers are permitted to exchange outer ; daily. Volunteer detainee workers are permitted to exchange outer garments more IZI 0 0 IZI 0 0 IZI 0 0 Pillowcases are not required as pillows are not issued. Outer garments are exchanged three times a week. Sheets are exchanged twice weekly. e"" o IZI ACCEPTABLE DEFICIENT OAT-RISK o REPEAT FINDING REMARKS: b6,b7c b6,b7c 110 AUDITOR'SSIGN b6,b7c • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 19 of75 MARRIAGE REQUESTS POLICY: ALL , WILl. IA! CONSIDERATION FROM ICE MANAGEMENT. YES No NA c 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 lGSA. Rejections are documented. t0marry. It is , to require a written request fur The written request includes a signed or comparable documentation from the intended spouse, ~ marital intent. The walOon/OlC provides" wo .,,'" copy ofhislher decision to the detainee . . and hislher legal When permission is denied, the Warden/OlC states the basis for his/her decision. The Warden/OlC provides the detainee with a place and time to make o [Sj ACCEPTABLE DEFICIENT [Sj 0 0 0 0 [Sj lSI LJ LJ [Sj 0 0 [Sj 0 0 [Sj 0 0 [Xl n n OAT-RISK o Marriages are approved at this fucility. but no requests have been forwarded to be completed or REPEAT FINDING REMARKS: No marriage requests have been submitted for approval at this facility. .,. b6,b7c "."-M b6,b7c UDITOR'SSIGNAT b6,b7c • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 20 of75 I ! i I , , i , NON-MEDICAL EMERGENCY ESCORTED TRIPS POLICY: THE IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) MAY PROVIDE DETAINEES WITH STAFF-ESCORTED TRIPS INTO THE '" rv" THE PURPOSE OF Y1SITING CRITICALLY ILL MEMBERS OF THE DETAINEE'S IMMEDIATE FAMILY, ORFOR ATTENDING FUNERALS. rgJSTANDARDN/A: CHECK THIS BOX IF ALL ICE NON-MEDlCAL EMERGENCY ESCORTED TRIPS ARE HANDLED ONLY BYTHEICEFIELD OFFICE OR SUB-OFFICE IN CONTROL OF THE DETAINEE CASE. YES NO NA The Field Office Director considers and approves, on a case-by-case basis, trips to an immediate family member's: • • Funeral; or n The facility , mnthpr, father, hmther, sister, spouse, child, stepparent, and foster parent as ' fomih,., The !GSA facility notifies ICE of all detainee requests for escorts. "~p The detainee's request, 0 0 0 0 0 0 0 0 0 0 0 LJ LJ LJ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Officer reviews the file before forwarding a recommendation, to the approving official Each f~ ". ,1. '0' kind Each escort , , at least two Escorting officers report unexpected situations to the originating fitcilityas a matter ofprocedure, and the ranking supervisor on duty has the authority to issue instructions for of the trip. Escorting officers have the discretion to increase or decrease minimum restraints in accordance with written procedures and classification level of the detainee. iii-om gifts/gratuities from a detainee, Escort officers detainee's relati~e or friend ,rt 0 ensure that detainees: • Conduct themselves in a manner that does not bring discredit to the ICE; • Do not violate federal, state, or local laws; • Do not purchase, possess, use, consume, or administer narcotics, other drugs, or intoxicants; • Make no unauthorized phone calls; and • Know they are subject to search, urinalysis, breathalyzer, or , test upon return. Standard the return to the facility of any detainee who "'~,, i trip rules. o ACCEPTABLE REMARKS: , b6,b7c "., '" AUDITOR'S SIGNATURE / nATE OnEFICIENT OAT-RISK o REPEAT FINDING b6,b7c b6,b7c ~ , , , , , I , , • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 21 of75 --- RECREATION POLICY: ,~ IT IS ICE POLICY TO PROVIDE ACCESS TO RECREATIONAL PROGRAMS AND ACTIVITIES TO ALL ICE DETAlNEES, TO THE EXTENT UNDER CONDITIONS OF SECURITY AND SUPERVISION THAT PROTECT THEIR SAFETY AND WELFARE. .. u 1 and filci! itv. The facility has a . A recreational specialist (for facilities with more than 350 detainees) tailors the program activities and offerings to the detainee population. YES No NA I2<:J L L This facility does not have a recreation specialist Recreation 0 0 ~ is supervised by recreation correctional officers, This requirement is only mandated at SPC/CDF. Regular maintenance keeps recreational facilities and equipment in good condition. The recreational specialist or trained equivalent supervises detainee recreation workers. for special , offer : unit~:;~ and .,. ,;,' .A, . e.Q .. board Qames. cards. tn . t sports. ;are: Each detainee has the opportunity to participate in daily recreation. Detainees have: I U) • activities outside the housing units for at least one hour daily, 5 days a week. ,and ; aU items for· , VI ~talJ 1 areas AU under I 1 areas t is I before and: . SU111 [ with mdios. : staff is facility provides detainees in the SHU at least one hour of outdoor time daily, five times per week. Detainees in disciplinary/administrative when a panel revokes hiSlher . ,are Snec;"l receive a written ,to, are required to sign a waiver ofJiability before entering a secure portion of the facility where detainees [ to serve as . ; or friends are not, , is ...... r .... check this box. No I2<:J Ifthe facility has no outside recreation, are detainees considered for transfer after six months? ~ 0 0 0 0 ~ ~ 0 0 IX! I I I I I2<:J L J ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 [X] ] ] ~ 0 0 ~ ] tis 0 0 LJ J 0 0 0 0 0 0 , is the ICE Districts routinely review transfer : after 60 days. 'ror aU The A-file of every detainee who is held more than 60 days without access 0 0 0 do written determination of the detainee's ineligibility fur transfer. 0 0 0 , or no. The detainee's written decision for or against an offered transfer documented in his/her A-file. Staff notifies the detainee's legal representative of his/her decision to a transfer. If no f;;: """"" ci"".-""""'-",.., - FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 22 of75 1 hour days a week. ] 0 detainee to the OlC. ,aU TheOlC 17 SHU detainees are provided at least 1 hour of outdoor recreation daily 7 days a week. [when 0 Case officers make written transfer recommendations about every six-month : is ~ ~ ~ 0 If yes, written procedures ensure timely review of all eligible For.h ,'A,a. Il5: 0 • There are no detainee recreation workers. tis I RECREATION POLICY: IT IS ICE POLICY TO PROVIDE ACCESS TO RECREATIONAL PROGRAMS AND ACTIVITIES TO ALL ICE DETAINEES, TO THE EXTENT POSSmLE, UNDER CONDITIONS OF SECURITY AND SUPERVISION THAT PROTECT THEIR SAFETY AND WELFARE. • 0 legal representative is notified of the detainee'slOIC's o r:gj ACCEPTABLE DEFICIENT 0 OAT-RISK 0 0 o REPEAT FINDING REMARKS: This facility provides recreational programs and activities to all detainees and supervision is provided by the security staff. b6,b7c b6,b7c AUDITOR'S SIGNATU b6,b7c • • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 23 of75 RELIGIOUS PRACTICES POLICY: FACILITIES WILL PROVIDE ICE DETAINEES OF ALL FAITHS WITH REASONABLE AND EQUIT ABLE OPPORTUNITIES TO PARTICIPATEINTHE OF THEIR FAITH, LIMITED ONLY BY THE CONSTRAINTS OF SAFETY, SECURITY, THE ORDERLY OPERAnONS OF THE FACILITY AND >AnON' YES : are: I to engage in • Space is ." ,ilohle for· ; to The facility allows detainees to observe the major "holy days" of their religious faith. • List The facility accommodates recognized holy-day observances by: • • • • Providing special meals, consistent with dietary restrictions; Honoring fasting requirements; Facilitating religious services; and No NA LJ LJ LJ LJ o o o o LJ LJ n n o o o o o , , is Each .,I, 's : items in his/her . are checked and verified before allowing ~ !XI IHI Members UllCllUl.:'i not represented by clergy may conduct their own services within 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 lSI ACCEPTABLE DEFICIENT OAT-RISK REPEAT FINDING REMARKS: • b6,b7c 11O-l~ b6,b7c AUDITOR'SSIGNATURE b6,b7c • ' FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 24 of75 I • I : I I I , I ! i DETAINEE TELEPHONE ACCESS POLICY: ALL FACILITIES HOUSING ICE DETAINEES WILL PERMIT DETAINEES' REASONABLE AND are allowed access to telephones during established fucility waking hours. YES No NA IS5l 0 0 detainees are made aware ofthe fucilit)ls telephone Upon access policy. Access rules are posted in • : units. The facility makes a reasonable effort to provide key information to detainees in languages spoken by any significant portion of the IS5l 0 0 DSI LJ LJ IS5l 0 0 Telephones are provided at a minimum ratio of one telephone per 25 detainees in the facility population. IS5l 0 0 Telephones are inspected regularly by facility staff to ensure that they are in good working order. IS5l 0 0 The fucility: to tne i.cuuy , IV1 n n IS5l 0 0 IS5l 0 0 IS5l 0 0 IS5l 0 0 DSI LJ LJ ,- -"', cop", • VUC-u.-v,ue, , servIce The facility administration monitors repair progress and takes appropriate measures to ensure that required repairs are begun and completed timely. Detainees are afforded a reasonable degree of privacy for legal phone calls. A procedure exists to assist a detainee who is having trouble placing a confidential call. The fucility provides the detainees with the ability to make non~special access) calls. . . Access calls are at no charge to the . 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. 0 IS5l 0 IS5l 0 0 IS5l 0 0 IS5l 0 0 DSI LJ LJ IS5l 0 [J IS5l 0 [J 0 IS5l 0 0 IS5l 0 0 LE ACCESS TO TELEPHONES. Facility policy explains the telephone procedures. Detainees can make calls between 6:00am and ll:OOpm. There are 4 telephones for 48 detainees for a ratio of! :12. The orG telephone number is posted in the housing units but not programmed into the phone system. The number was tested and found to be In fucilities unable to fully meet this requirement initially because of limitations of its telephone service, ICE makes alternate arrangements to provide required access within 24 hours ofarequest by a detainee. No restrictions are placed on detainees attempting to contact attorneys and legal service providers who are on the approved "Free Legal Services List". Special arrangements are made to allow detainees to speak by telephone with an immediate family member detained in another r. _''', I are I The fucility has a system for taking and detainee telephone messages. v j ~uuue call • -0 ''''- emergency } to, IS5l are allowed to return emergency phone calls as soon as Detainees in disciplinary segregation are allowed phone calls relating to the detainee's irrnnigration case or other legal matters, including consultation calls. in segregation are allowed phone calls to 0 There are portable telephones available in the disciplinary unit. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 25 of75 DETAINEE TELEPHONE ACCESS POLICY: ALL FACILITIES HOUSING ICE DEIAINEES WILL PERMIT DEIAINEES' REASONABLE AND YES No NA Is:J D D afforded the same telephone privileges as those in general Is:J D D 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. Is:J D D in ry segregation are allowed phone calls fur fumilv, LE ). Detainees in administrative detention and protective custody are D DEFICIENT Is:J ACCEPTABLE D AT-RISK Notifications of telephone monitoring are posted in the housing units. D REPEAT FINDING REMARKS: b6,b7c b6,b7c I 10-15-09 AUDITOR'S SIGNATURE I DATE b6,b7c • • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 26 of75 -- --- ---- ---- - ---- -- - -- - - - -- - - VISITATION -=== POLICY:!CESHALLPERMITDEfAINEESTOVISITWITHFAMILY,FRIENDS,LEGALREPRESENTATIVES,SPECIALINTEREST GROUPS,AND THE NEWS YES NA VilMA"". . and v;;f~~~~~chedule. , refler.< All visits are non- There is a written visitation schedule and hours for general visitation. rgJ D D The visitation hours tailored to the detainee population and the rgJ D D rgJ [J [J The hours for all categories of visitation are posted in the visitation waiting area. rgJ D D A written copy of the rules rgJ D D I'V'I n n ~ ~ ~ The detainees are permitted to retain personal property items specified in the standard. rgJ A visitor dress code is rgJ D [J D [J rgJ D D The visitors are cleared through a walk-thru metal detector. rgJ D D are under the age ofl5 . D D rgJ Minors are allowed to visit. to a facility that will allow minor visitation. At a minimwn, monthly visits are allowed. D D rgJ Minors are allowed to visit. Detainees in spec~al_ rgJ D D demand for visitation. : and rules are , The : to the public. and the hours of visitation is available to visitors. A 01 . ,1, .;, : to the public. Visitors are searched and identified according to standard requirements. The requirement on visitation by minors is complied with. • No ::acilities where there is no provision for visits by minors, ICE for visits by children and stepchildren, on request, within first 30 days. the contact visits. The visitation hours are as follows: 8:00am5:00pm on Friday and Saturday for male detainees, and the same hours on Sunday and ,,detainees. The officer. dog is I by the entry to visit with an adult if After that time, on request, ICE considers a transfer, when possible, Legal visitation is available seven (7) days a week, including holidays. rgJ D D On regular business days legal visitation hours are provide for a minimum of eight (8) hours per day, and a minimum offour hours per day on weekends and holidays. rgJ D D On regular business days, detainees are given the option of continuing a meeting with a legal representative through a scheduled meal. rgJ D D Private consultation rooms are available for attorney meetings. There is a mechanism for the detainee and hislher representative to rgJ D D There are mr;tten ~ LJ LJ rgJ D D When strip legal visits with legal : are «uv'uw . are required after every contact visit with a the fucility provides an option for non-contact Prior to each visit, legal service providers and assistants are identified per the standard_ ~ rgJ D D Legal visitation rooms are available with a pass-thru window. Legal representatives must be cleared prior to their visit by submitting proper identification before and during their visit to the Library 0_ current list of pro bono legal organizations is posted in the detainee housing areas and other appropriate areas. rgJ D D ..,_ The current Pro Bono listing is posted in all housing units. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 27 of75 VISITATION POLICY: ICE SHALL PERMIT DETAINEES TO VISIT WITH FAMILY, FRIENDS, LEGALREPRESENTATIVES,SPECIALINTERESTGROUPS,ANDTHENEWS decision to peJIDit or deny a tour is not delegated below the level ofField Office Director. IZI 0 0 Provisions for NOO visitation, as stated in the Detention Standards, are complied with. IZI 0 0 referred to the ICE Field Office for approval. IZI 0 0 Fonner detainees or aliens in proceedings, requesting to visit with a detainee, are referred to the OlC or ICE Field Office. IZI 0 0 Procedures are in place, with the detention standard, for examinations by independent medical service providers and experts. IZI 0 0 Law enforcement officials who request to visit with a detainee are o IZI ACCEPTABLE DEFICIENT OAT-RISK o REPEAT FINDING REMARKS: b6,b7c b6,b7c /10-15-09 b6,b7c AUDITOR'S SIGNATURE !D b6,b7c • • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 28 of75 VOLUNTARY WORK PROGRAM POLICY: IN EVERY FACILITY OFFERING AVOLUNTARY WORK PROGRAM, ICE DETAINEES WILL HAVE THE OPPORTUNITY TO WORKAND EARN BY PARTICIPATING. WHILE NOT LEGALLY REQUIRED, ICE AFFORDS DETAINEE WORKERS BASIC OCCUPATIONAL SAFETY ANDIiEALTH (OSHA) PROTECTIONS. o CHECK HERE IF ICE DETAINEES ARE NOT AUTHORIZED TO WORK AT THE IGSA FACILITY. MARKNAONFORM G-324A,PAGE3AND MOVE TO NEXT SECTION. YES Does the facility have a voluntary work program? • Do ICE detainees participate? No R~.M"'RK' NA ICE detainees are "" r::gj 0 0 I2<J r::gj LJ LJ 0 0 r::gj 0 0 the The facility complies with work-hour requirements for detainees, not IL'J LJ LJ exceeding: r::gj 0 0 lSI [J [J r::gj 0 0 r::gj 0 0 r::gj 0 0 r::gj 0 0 lSI LJ [J LJ [J ,and Detainees have the opportunity to ~ ' ..~ in special details, are never I to work outside the secure I Written procedures govern selection of detainees for the Voluntary Work the fucility did not have any ICE i during this review. ,in Eight hours a day and Forty hours a week. n . generally work : to fixed .~" from a work detail, staft)laces the written If a. , for the action in the 1 file. Staff, in accordance with written procedure, ensures that detainee volunteers understand their responsibilities as workers before they join the work • • o~~:~:fp;~c~meets: Medical staff screen and formally certifY detainee food service volunteers. • • Before the assignment begins; and As a matter of written i Proper .. receive , is I when an ICE ,is injured on the job. o DEFICIENT lSI ACCEPTABLE I2<J OAT-RISK o REPEAT FINDING REMARKS: ICE detainees are authorized to work in this facility. Presently, there are no ICE detainees housed at this fucility. b6,b7c / 10-15-09 b6,b7c GNATU b6,b7c • b6,b7c V FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 29 of75 to work in this facility; however, • SECTION II HEALTH SERVICES STANDARDS • • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 30 of75 - - -- HUNGER STRIKES POLICY: ALL FACILITIES WILL FOLLOW STANDARD GUIDELINES FOR THE MEDICAL AND ADMINISTRATIVE MANAGEMENT OF ICE DETAINEES ~.~ • ~~.~ IN HUNGER STRIKES. By MONITORING OFTHE HEALTH AND WELFARE OF THE INDIVIDUAL DETAINEES, FACILITIES WILL STRIVE TO l LIVES. c: ", ""WheI1a detainee has refused food for 72 hours, it is YES No NA practice for Medical policy H-70, Hunger Strike, staff to refer himlher to the medical department. requires notification of medical staff IZI 0 0 IZI 0 0 IZI 0 0 CDFs and !GSAs immediately report a hunger strike to the ICE. The facility has established procedures to ensure staff respond immediately to a hunger strike. ~d I when a detainee has refused food for 72 hours. Per the HSA, in practice notification is provided after the first refused meal. Policy requires medical staff to notifY the Warden who in turn is to notifY ICE. Policy establishes the required procedures. Po~icy requires require that staff isolate a hunger-striking detainee trom other • D isolation of a hunger "rum rer me n~A, If yes, in an observation room? refusing one meal is counseled and IZI 0 0 placed in the medical observation multi-bed ward. After 3 refused meals, the detainee would be moved into a single-bed medical observation cell. When notified of a detainee refusing IZI 0 0 from the physician to admit the Medical personnel are authorized to place a detainee in the Special Management Unit or a locked hospital room. meals, medical staff requests an order detainee to a medical observation bed. Medical staff records the weight and vital signs of a hunger-striking IZI detainee at least once every 24 hours, 0 0 Policy requires daily weights and vital signs. These are documented on a fann entitled 'Hunger Strike", The OIC of the facility obtains a hunger striker's consent befure medical treatment IZI 0 0 A signed Refusal of Treatment form is required of every detainee who A detainee hunger striker would be asked to sign a Medical Consent Form for Treatment While on Hunger Strike Status. The form is available in both l'fl"l;o!, and Any detainee refusing medical care rejects medical evaluation or treatment. must sign a Refusal of Medical Treatments fonn in accordance with IZI 0 0 IZI 0 0 During a hunger strike, staff document and provide the hunger-striking detainee three meals a day. Policy fur Right to Refuse Treatment. If refusal of treatment puts the detainee's life at risk, the fucility would notifY ICE. The detainee would be transported to an outside medical fucility as indicated. Per policy, a hunger striker would be offured 3 meals per day. Medical staff would document the offer and the detainee's response in the detainee's medical record . • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 31 of75 HUNGER STRIKES POLICY: ALL FACILITIES WILL FOLLOW STANDARD GUIDEUNES FOR ruE MEDICAL AND ADMINISTRATIVE MANAGEMENT OF ICE DETAINEES ANGf"n,,,, IN HUNGER STRIKES. By MONITORING OF THE HEALTH AND WELFAREOFTHE INDIVIDUALDET AINEES, FACILITIES WILL STRIVE TO ~ I THEIR LIVES. Staff maintains the hunger striker's supply of drinking water/other beverages. D IS! D Per the HSA, a hunger striking detainee would not be given independent access to drinking water, but would be offered fluids every hour so as to ensure access to fluids at all times as required by policy. Medical staff would maintain an accurate During a hunger strike, staff removes all food items from the hunger striker's living area. to record the hunger fluid intake and food Staff is consumption; Does staff always use Hunger Strike Monitoring Form 1-8 39 or similar IGSA form. The medical staffhas written procedures for treating hunger strikers. IS! D D IS! D D IS! D D accounting of all fluids consumed and eliminated by the detainee. A hunger striking detainee would not be permitted to bring any food with him when he is transferred to a I cell. medical fln;~ I staff"'nnl~ and food consumption on a Hunger Strike Monitoring Tool EHS H70 form. Policy written procedures for : hunger strikers. Staff documents all treatment attempts, including attempts to persuade hunger striker of medical risks. D D Per the HSA, all counseling regarding medical risks and all treatment attempts would be documented in the detainee's medical record. D Per discussions with the Training Officer, and a review ofthe training curriculum and individual staff training records, staff receive training in the identification of hunger strikes during their initial 40- hour orientation training. The HSA also participated in hunger strike training provided by PHSID IHS and in turn trained other members of the medical staff. A review of medical training documentation confirmed the of this additional Staffhas received training in identification ofhunger strikes. Medical staff receives early training in hunger-strike evaluation and treatment. Staff remains current in evaluation and treatment teclmiques. D IS! ACCEPTABLE D DEFICIENT D AT-RISK D REPEAT FINDING FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 32 of75 -- __________ I REMARKS: No documentation was available for review to confirm compliance with policy directives as there have been no detainee hunger strikers at hiS fucility. Staff interviewed are familiar with the policy requirements and have the ability to implement the policy should a hunger strike • ceur. b6,b7c b6,b7c /10-15-09 S[GNA b6,b7c ~ ~ , • • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 33 of75 ACCESS TO MEDICAL CARE • • • POLICY: EVERY FACILITY WILL ESTABLISH AND MAINTAIN AN ACCREDITEDiACCREDITAnON-WORTHY HEALTH PROGRAM FOR THE GENERAL WELL-BEING OF ICE DETAINEES. COMPONENTS YES No NA REMARKS Facilities operate a health care facility in compliance with state and Policy for Credentialing, requires current local laws and guidelines. licensure/certification confirmation before hire and annually thereafter. The licenses/certifications of clinical staff were verified as current. Per the HSA, [2J D D the on-site satellite pharmacy is inspected on a monthly basis by the pharmacy provider. Procedures are in place fur maintaining accountability for rederally-controlled medications. The facility's in-processing procedures for arriving detainees An initial medical screening is conducted include medical screening. by detention officers using a computerized screening fOim during the booking process. A review of documentation maintained by the HSA [2J D D continned the officers are trained to complete the screenings. Upon completion of the booking process, the detainees are seen by medical staff for additional intake screening as required by policy for Receiving Screening. A review of detainee medical records All detainees have access to and receive medical care. continned detainee access to, and receipt of, medical care. Instructions for accessing medical care are provided during medical intake and are included in the DetaineeiOffunder Orientation Handbook. Detainees submitting nonurgent medical requests are scheduled for sick call the next business day. Upon notification to any staff member, [2J D D detainees with urgent medical concerns are promptly referred to and seen by medical staff. Documentation in detainee medical records confinned access to outside medical specialists when indicated. Community medical resources, including Culberson Hospital in Van Hom and Del Sol and University Medical Centers in El Paso, are used as needed for emergency and/or inpatient hospital care. Per the HSA, and as confirmed per a The fucility has access to a PHSIDIHS Managed Health Care Coordinator. review of detainee medical records, the facility has access to a PHSIDIHS [2J D D Managed Health Care Coordinator through the TARWeb system and per phone call for more urgent concerns, FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 34 of75 ACCESS TO MEDICAL CARE , • POLICY: EVERY FACILITY WILL ESTABLISH AND MAINTAIN AN ACCREDITED/ACCREDITATION-WORTHY HEALTH PROGRAM FOR THE GENERAL WELL-BEING oFlCE DETAINEES. The medical staff is large enough to provide, examine, and treat Medical staff is on site 24 hours17 days a week. Medical staffing includes a HSA, the fucility's detainee population. 1 registered nurse, 1 licensed vocational nurse, 5 emergency medical technicians IS] D D (one of which serves as the assistant HSA), 1 phannacy tech, 2 medical assistants and 2 medical records staff. Per the HSA and as confirmed by a review of the medical staffing schedule, a minimum of2 clinical staff are on duty at all times. The physician provides services on site 3 times per week and is The facility has sufficient space and equipment to afford detainee on call when not on site. Dental services are provided on site every wo weeks. Mental health services are provided by the physician and two clinical staff specifically trained in mental health. The medical unit has two privacy when receiving health care. examination/treatment rooms, including one equipped to handle medical emergencies/trauma. Portable emergency medical equipment is available for an on-site response to • IS] D D medical emergencies. The medical area also includes a 9-bed medical observation ward, 10 single bed medical isolation cells that are equipped to serve as negative pressure rooms for isolating any detainee with active tuberculosis and 2 suicide watch cells. A one-chair dental office is also included in the medical area. The medical facility has its own restricted-access area. The restricted access area is located within the confines of the secure perimeter. The medical area is a locked self- contained unit within the secure perimeter ofthe facility. On duty IS] D D medical staff control access to this secure area. Control Center has the ability to access the doors remotely in an emergency. A waiting room for detainees is located The medical facility entrance includes a holding/waiting room. IS] D D near the back entrance to the medical area. • The medical facility's holding/waiting room is under the direct supervision of custodial staff. Detention officers posted in the medical IS] D D area maintain direct supervision of the detainees. Detainees in the holding/waiting room have access to a drinking fountain. IS] D D A drinking fountain is located within the waiting room. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 35 of75 - ACCESS TO MEDICAL CARE • • : • POLICY: EVERY FACIUfY WILL ESTABLISH AND MAINTAIN AN ACCREDITED/ACCREDITATION-WORTHY HEALTH PROGRAM FOR THE GENERAL WELL-BEING OF ICE DETAINEES. Medical records are kept apart from other files. They are: Medical records are secured in the Medical Records room within the • Secured in a locked area within the medical unit; medical area. Records of detainees no • With physical access restricted to authorized medical longer in the fucility are stored in a staff; and separate secured Archive room. Policies Procedurally, no copies made and placed in detainee • D D H-58, Health ~ Record Formats and files. Content, and H-59, Confidentiality of Health Records, establish procedures to protect the confidentiality of medical records. Pharmaceuticals are stored in a secure area. Policy H-26, Pharmaceuticals, establishes procedures for the management, control and administration of ph annaceuticaIs, Over-the counter medications are secured within a locked medication room. Prescription pharmaceuticals are stored in locked cabinets and carts within this medication room. Federally controlled drugs are D D further secured in a locked compartment ~ within a locked medication cart. Inventory and accountability procedures are compliant with applicable regulations as continued per a review of shift medication count records and drug inventory logs. A check of actual pharmaceutical counts against drug inventory documentation confirmed its accuracy. Medical screening includes a Tuberculosis (TB) test. Per a review of detainee medical records and TB Logs, detainees are given a TB • Every arriving detainee receives a TB test during the test during the medical intake process admission process; unless documentation of recent TB Detainee's TB-screening does not occur more than one • screening is available. Detainees with business day after hislher arrival at the facility; and D D pending TB test results, and those for ~ • Detainees not screened are housed separate from the whom follow-up screening per x-ray is general popUlation. needed, are housed separate from the general population until cleared by medical staff for a housing assignment. AU detainees receive a mental-health screening upon arrival. It is In accordance with policies fur Receiving Screening and Mental Health conducted: Program, all detainees receive a mentalBya health care provider or specially trained officer; and • health screerting upon arrival. An initial Before a detainee's assignment to a housing unit. • mental health screening is conducted by the detention officers, using a computerized screening fonn, during the D D booking process. A review of ~ documentation maintained by the HSA confirmed the officers are trained to complete the screenings. Upon completion of the booking process, the detainees are seen by medical staff for additional mental health intake screening. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 36 of75 ACCESS TO MEDICAL CARE • POLICY: EVERY FACILITY WILL ESTABLISH AND MAINTAIN AN ACCREDITED/ACCREDITATlON-WORTIIY HEALTH PROGRAM FOR THE GENERAL WELL-BEING OF ICE DETAINEES. The facility health care provider promptly reviews all 1-794s (or Screening forms completed by the equivalent) to identity detainees needing medical attention. detention officers are reviewed by medical staff during the medical intake ~ 0 0 process. Screening documentation is reviewed by the registered nurse when she completes the detainee physical assessments. Per a review of detainee medical records, the registered nurse usually completes The health care provider physically examines/assesses arriving detainees within 14 days of admission/arrival at the facility. detainee physical exams/assessments within the first 1-5 days ofa detainee's placement in the facility. Per a review of ~ 0 0 21 records, all detainees were assessed within 14 days of admission. The facility physician provided the registered nurse with documented physical assessment training and certified her ability to complete these evaluations. The physician reviews the docwnentation of each assessment and co-signs the results. Detainees in the Special Management Unit have access to health care services. • Staff provides detainees with health services (sick call) request slips daily, upon request. • Request slips are available in languages other than English, including every language spoken by a sizeable number ofthe facility's detainee population. • Service-request slips are delivered in a timely fashion to the health care provider. I I, ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 The facility has a written plan for the delivery of 24-hour emergency health care when no medical personnel are on duty at the facility, or when immediate outside medical attention is required. • The plan includes an on-call provider. Policy for Health Evaluation of Offenders in Segregation requires a medical evaluation to determine fitness for placement in Segregation and equal access to medical services for detainees housed in this special management unit. Daily visits by medical staff to all detainees in the special management unit are documented in medical reports and Segregation security logs. Policy for Daily Handling of NonEmergency Medical Requests, establishes procedures for the use of Medical Request forms to access medical care. The request fonus are written in English and Spanish. Completed requests are placed in specially marked boxes in the housing units and are collected early each morning by the medical staff Two or more clinical medical staff is on duty at all times. Policy for Emergency Services, establishes a plan for the delivery of24-hour emergency health care when immediate outside medical attention is required. Policy for Emergency Plan, establishes additional procedures for providing medical services in the event of a disaster. The facility physician is on call when not on site. The HSA is also on call to provide guidance to on-duty medical staff. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 37 of75 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. The plan includes a list oftelephone numbers for local ambulance A listing of community hospital phone and hospital services. ~ D D numbers is available in the medical trauma room, the medical records room and the HSA's office. Emergency Medical Services are summoned when needed through a 911 call. Policy requires security procedures that ensure immediate transport of detainees The plan includes procedures for facility staff to utilize this emergency health care consistent with security and sarety. ~ D D when medically necessary. The Post Order for the Ambulance Security Officer establishes procedures to ensure emergency medical transport is consistent with security and safety. Detention staffis trained to respond to health-related emergencies Per Policy fur Training for Emergency Response a review of emplovee training records and the facility training plan, all within a 4-minute resnonse time. ~ D D First Aid and in CPR. In accordance with Policy for Where stalfis used to distribute medication, a health care provider properly trains these officers. Phannaceuticals, all medications are D , i I , • detention staff are trained in the recognition of potential emergency situations, in the administration of basic D ~ distributed by health care staff. Detention officers do not distribute medications. The medical unit keeps written records of medication that is distributed. In accordance with Policy for Medical Administration Records are used to document the administration of medications. Per a review of detainee ~ D D medical records and medical department documentation, and per observations during Pill Call, all medications are administered and documented in accordance with accepted medical protocol. Per Policy fur Special Needs Treatment The Fonn 1-819 (or IGSA equivalent) is used to notilY the WardenlFacility of a detainee that has special medical needs. Plans, the HSA is required to maintain a list of special needs offenders. ~ D D Information on specific detainees is commuuicated to the Warden and facility staff through use ofa Health Summary Report & Tuberculosis Screening Evaluation form. A signed and dated consent fonn is obtained from a detainee before medical treatment is administered. ~ D D All detainees are asked to sign a general Medical Consent F onn written in both English and Spanish during the medical intake process. In accordance with Policy for Informed Consent, a separate signed Consent to Operation, Diagnostic • or Special Treatment Procedure form is used to document authorization for any special procedures. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 38 of75 ACCESS TO MEDICAL CARE • POLICY: EVERY F ACILIIY WILL ESTABLISH AND MAINTAIN AN ACCREDITED/ACCREDITATION-WORTHY HEALTH PROGRAM FOR THE GENERAL WELL-BEING OF ICE DETAINEES. Detainees use the 1-813 (or !GSA equivalent) to authorize the release of confidential medical records to outside sources. D D D D D D The facility health care provider is given advance notice prior to the release, transfer, or removal of a detainee. Detainee1s medical records or a copy thereof are available and transferred with the detainee. • Medical records are p laced in a sealed envelope or other container labeled with the detainee's name and A-number and marked "MEDICAL CONFIDENTIAL". [g] ACCEPTABLE D DEFICIENT [g] D D D AT-RISK Policy for Confidentiality of Health Records establishes procedures for the release of confidential medical records. A signed Consent for Exchange of Information fann is used to document authorization by the detainee. The fucility Transport Department provides notification to medical staff for all detainee arrivals, transfers and removals. Per the HSA, if necessary, detainee departure is delayed pending completion of applicable medical transfer summaries and preparation of any needed transfer medications. Per policy, discussions with the HSA, observations in the medical area, and a review of medical records for detainees previously transferred from the fucility, a Health Information Transfer Form providing medical summary infonnation is prepared for transfer with the detainee. Original medical records are retained by the fucility. Per policies for Non-Emergency Transport Protocols and Phannaceuticals, documents containing confidential medical infonnation are placed in appropriately labeled sealed envelopes for tran~ort. D REPEAT FINDING REMARKS: No ICE detainees were housed in the facility during this inspection. Twenty-one closed medical records for ICE detainees housed in the facility during the past year were reviewed. This review, together with direct observations, a review of training records and medical documentation, discussions with medical and other facility staff and detainee interviews, confirmed the delivery of comprehensive health care services within the scope of services available within the facility and the availability of off-site treatment when more extensive medical care is necessary. b6,b7c • b6,b7c /10-15-09 SIGNATURE b6,b7c FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 39 of75 SUICIDE PREVENTION AND INTERVENTION POLICY: ALL DETENTION STAFF WORKING WITH ICE DETAINEES WILL BE TRAINED TO RECOGNIZE SUiCIDE-RlSK INDICATORS. STAFF WILL 'Nnl J' POTENTIALLY SUICIDAL INDIVIDUALS WITH SENSITIVITY, SUPERVISION, AND REFERRALS. A CLINICALLY SUICIDAL DETAlNEE WILL PREVENTIVE SUPERVISION AND TREATMENT. YES No NA Every new staff member receives suicide-prevention training. Suicide- prevention training occurs during the employee orientation program. o o Training prepares staff to: • Recognize potentially suicidal behavior; • Refer potentially suicidal detainees, following facility procedures; and • Understand and apply ._,. 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. Response, review of employee training records and the facility's Orientation training plan, all detention staff is trained in Suicide Intervention during orientation. The HSA provided additional training to health care staff using information obtained from PHSIDIHS. A review of medical training documentation confirmed the provision of this o o Per policy and a review of the Suicide Detection & Prevention in Jails lesson plan, all required components are included in the training o o In accordance with policy, all detainees receive a mental-health screening upon arrival. An initial mental health screening is conducted by detention officers, using a computerized screening fann, during the booking process. A review of documentation maintained by the HSA confirmed that officers are trained to complete the screenings. Upon completion of the booking process, the detainees are seen by medical staff for additional screening for suicide Written procedures cover when and how to refer at-risk detainees to medical staff and procedures are followed. RFMARKS Per Policies for and Training for Emergency o o The filcility has a designated isolation room for evaluation and treatment. o o Policy establishes procedures for the referral of at-risk detainees to medical staff. None of the 21 detainees whose medical records were reviewed were I as being at risk. The facility uses 3 levels of suicide watch, with Levell being the most restrictive for those detennined to be at highest risk. Cell #315 in the medical area is designated as the primary location fur suicide watches and is used for those placed on Level 1 watch status. Adjacent cell #316 is also available if a second cell is needed. Per the HSA, Cell #316 is used for those placed on the less restrictive Level 2 or 3. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 40 of75 ,------- smCIDE PREVENTION AND INTERVENTION POLICY: ALL DETENTION STAFF WORKING WITH ICE DETAINEES WILL BE TRAINED TO RECOGNIZE SUICIDE-RISK INDICATORS. STAFF WILL 'ANn'I' POTENTIALLY SUICIDAL INDIVIDUALS WITH SENSITIVITY, SUPERVISION, AND REFERRALS. A CLINICALLY SUICIDAL DETAINEE WILL AND TREATMENT. YES No NA Cell #315 included handicap rails, metal brackets on the sides ofthe bed, a metal toilet tissue holder and a small water fountain on the sink to which a noose could be attached. Except for the small sink-mounted fountain, the The designated isolation room does not contain any structures or smal1er items that could be used in a suicide attempt. structures of concern were removed n FX1 n from the cell during the inspection. Cell #316 is free of structures which could be used in a suicide attempt except for brackets attaching a seat and small table to the wall. Both the small sink-mounted fountain in Cell IIJ I ) ana "'v ~V'v in Cell #316 would be within the direct line of sight of officers maintaining suicide watches. Any detainee placed on suicide watch is maintained under constant one-on-one observation and is not permitted to retain person possessions Of standard Medical staff has approved the room for this purpose. D D D D Staff observes and documents the status ofa suicide-watch detainee at least once every 15 minutes. IZI ACCEPTABLE • D DEFICIENT D AT-RISK issue clothing until evaluated by health care staff and detennined to no longer be actively suicidal. No ICE detainees at this facility have been placed on suicide watch status. The facility physician provided written approval for the use of Cells #315 and #316 for suicide watches. In accordance with Special Post Order "Suicide Watch Officer, II officers assigned to this post are required to maintain constant surveillance, noting the actions of the detainee and recording those observations on a suicide watch sheet at least once every 15 minutes. A review of Security Watch Log Sheets confirmed 15 minute documentation. Medical staff also observes detainees on suicide watch and documents these observations several times each day on forms later inserted into the medical record. D REPEAT FINDING FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 41 of75 REMARKS: • Policies and procedures are in place to support a comprehensive suicide prevention plan. Staff training on suicide prevention and ntervention is well documented. There have been no ICE detainee suicides or suicide attempts at this facility, and no detainee suicide atches have been needed. The modifications made to Cell #315 during the inspection reduced the potential for attempted suicide by hanging by any detainee placed on suicide watch in that cell. The policy of maintaining all detainees under suicide watch on one-an-one constant surveillance mitigates concerns related to the remaining structural concerns in the designated cells. b6,b7c b6,b7c / 10-15-09 SSIGNAT I~ b6,b7c • • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 42 of75 -_. TERMINAL ILLNESS, ADVANCED DIRECTIVES, AND DEATII POLICY ALL FACILITIES HOUSING ICE DETAINEES SHALL HAVEPOUCIES AND PROCEDURES ADDRESSING THE ISSUES OF TERMINALILLNESSOR ",v£o,ANDDETAINEEDEATH, TO INCLUDE THEPROCEDURESTO ENSUREPROPERNOTIFICATION IS PROVIDED 1< FAMl! AND OTHER INTERESTED PARTIES IN THE EVENT OF ADETAINEE BECOMING TERMINALLY ILLORINflJRE[) OR DEATH OF ADETAINEE OCCURS. IN ADDITION, THE POLICY WILL COVER PROCEDURES TO BE TAKEN IF THE DEATH OF ADETAINEE OCCURS WHILE IN TRANSIT. IS! CHECK THIS BOX IF THE FACILITY DOES NOT ACCEPT ICE DETAINEES WHO ARE SEVERELY OR TERMINALLY ILL. INDICATENA IN THE APPROPRIATE BOX FOR THIS PORTION OF TIlE WORKSHEET. ALWAYS COMPLETE ALL REFERENCES TO DETAINEE DEATH AND .m. <Tvn YES No NA Ilv or terminally ill are transferred to an appropriate offsite medical facility. The facility does not have adequate Detainees who are resources for, and does not accept, IS! D D terminally or severely ill detainees. In accordance with policy for Terminal Illness, Advance Directives and Do-NotResuscitate (DNR) Orders, any detainee diagnosed as being in need of more extensive medical care is transferred to . taClllty lOf the near~st I care. The facility does not accept severely or terminally ill detainees. Should a detainee housed in the fucility become seriously ill, policy establishes procedures for the notification ofICE. Per the ICE Enforcement Agent at the facility during HU'C The facility or appropriate ICE office promptly notifies the next of kin ofthe detainee's medical condition, to include: • The detainee's location; and • The limitations placed on visiting. IS! D D the inspection, ICE would then assume 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 D IHS IS! D D the documents. There is a policy addressing liDo Not Resuscitate Orders" Detainees with a liDo Not ' order in the medical record : efforts short of resuscitation? receive maximal I The fucility notifies the DIHS Medical Director and Headquarters' Legal Counsel of the name and basic circumstances of any detainee with a liDo Not Resuscitate" order in the medical record. In the case of IGSAs, this notification is made through the local ICE assisting any detainee interested in implementing an advanced directive. 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 responsibility for next of kin notification when Although severely or terminally ill detainees are not accepted by the facility, policy does establish procedures for The fucility does not accept terminally or ill detainees. The fucility does not accept terminally or severely ill detainees. In addressing the D D IS! D D IS! issue of Do Not Resuscitate orders, policy I2J states that DNR orders are beyond the scope of care delivered at this facility. The facility does not accept terminally or ili detainees. D D D D I2J The facility has written procedures to address the issues of organ donation by detainees. IS! D D A ,,, The facility does not accept terminally or severely ill detainees. Per the Warden, no detainees with current DNR orders have been admitted to the fucility. Policy for Organ Donation by Detainees, establishes procedures to address the issue of organ donation by detainees. Donations are permitted only to members of the detainee's innnediate family and only at the detainee's FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 43 of75 ---- . , TERMINAL ILLNESS, ADVANCED DIRECTIVES, AND DEATH POLICY ALLFACILITIES HOUSING ICE DETAINEES SHALL HAVE POLICIES AND PROCEDURES ADDRESSING THE ISSUES OF TERMINAL ILLNESS OR MEDICAL ADVANCED DIRECTIVES, AND DETAINEE DEATH, TOINCLUDETHEPROCEDURESmENSUREPROPERNOTlFlCATIONISPROVlDED )TrF, 'nn~INTERESTEDPARTIESINTHEEVENTOFADETAlNEEBECOMINGTERMINALLYILLORINJURED 1< FAMTT OR DEATH OF ADETAINEE OCCURS. IN ADDITION, THE POLICY WILL COVER PROCEDURES TO BE TAKEN IF THE DEATH OF ADETAINEE OCCURS WHILE IN TRANSIT. ~ CHECK THIS BOX IF THE FACILITY DOES NOT ACCEPT ICE DETAINEES WHO ARE SEVERELY OR TERMINALLY ILL. INDICATENAIN THE APPROPRIATE BOX FOR THIS PORTION OF THE WORKSHEET. ALWAYS COMPLETE ALL REFERENCES TO DETAINEE DEATH AND C The facility has written procedures to notifY ICE officials, deceased family members and consulates, when a detainee dies while in Service. YES No Policy for Procedure in the Event of an Offender's Death requires notification of ISJ D D ISJ D D The facility has a policy and procedure to address the death of a detainee while in transport. ICE in the event of a detainee death. Per the lEA, ICE would assume responsibility , as for other Policy for Death Occurring in ICE Custody, establishes procedures to , the death of while in a , Per the lEA, ICE would handle At all ICE locations the detainee's remains disposed ofinaccordance with the provisions detailed in this standard. »~~'DVO NA ISJ D D disposition of the detainee's remains in accordance with the requirements ofthe standard. In the event that neither family nor consulate claims the remains, the Field Office schedules an indigent's burial, consistent with local procedures. • If the detainee's is a U.S. military veteran, is the of Veterans Affuirs notified? original or certified copyofa detainee's death certificate is placed the subject's a-file. ISJ D D Per discussion with the lEA, ICE policy would dictate the handling of any needed burial arrangements by ICE. ISJ D D Per the lEA, ICE would place a copy of the detainee death certificate in the a-file. The facility follows established policy and procedures describing when to contact the local coroner regarding such issues as: • PerfOlmance of an autopsy; • • • Who will perform the autopsy; Obtaining state approved death certificates; and Local of the body. ICE staff follows established procedures to properly close the case of ISJ ISJ ACCEPTABLE DDEFICIENT D and would contact the local coroner. ISJ a deceased detainee. D Policy for Authority to Order Autopsies, addresses contact with the coroner. The Sheriff would be notified of any deaths D D AT-RISK D Per the lEA, ICE would close the case of a deceased detainee in accordance with policy. D REPEAT FINDING REMARKS: Per the Warden and HSA, no terminally or severely ill detainees have been admitted to this facility, and there have been no detainee deaths. Any detainee already housed at the facility identified as needing more extensive medical care would be transported to a community medical facility. b6,b7c b6,b7c /10-14-0 AUDITOR'S SIGNATURE ID • b6,b7c FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 44 of75 • SECTION III SECURITY AND CONTROL STANDARDS • • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 45 of75 CONTRABAND POLICY: ALL DETENTION FACILITIES WILL ENSURE THE PROPER HANDLING AND DISPOSAL OF ALL CONTRABAND. DOCUMENTATION OF DESTRUCTION IS YES No NA The facility follows a written procedure for handling illegal contraband. Facility policy reflects the Staff inventory, hold, and report it when necessary to the proper authority handling of contraband. All 12;;] fur action/possible seizure. illegal contraband is processed 0 0 through the Hudspeth Sheriffs Office. r ' p up ' l " retained as evidence for potential 12;;] :~~~:~~~r Staff returns property not needed as evidence to the proper authority. Written procedures cover the return of such property. Altered p up 'J following is Before confiscating religious items, the contacts a religious authority. and using 0 0 12;;] 0 0 12;;] 0 0 ore or designated investigator I\i1 n n A memo from Warden dated 10/05/09 states that religious ;, ";,, unless they are considered , in an Staff follows written procedures when destroying hard contraband that is illegal. 12;;] 0 0 12;;] 0 0 Hard contraband that is illegal (under criminal statutes) may be. used for official use, e.g. training purposes. If yes, under specific circumstances and using specified written procedures. Hard contraband is secured when not in use. o DEFICIENT 12;;] ACCEPTABLE OAT-RISK o REPEAT FINDING REMARKS: b6,b7c IIO-l b6,b7c AUDITOR'SSIGNATURE/D ¥ b6,b7c • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 46 of75 , DETENTION FILES POLICY: EVERY FACIUTY WILL CREATE A DETENTION FILE FOR EVERY ICE DETAINEE BOOKED INTO THE FACIUTY, EXCLUDING ONLY "'TAINEES SCHEDULED TO DEPART WITHIN 24 HOURS. THE DETENTION FILE WILL CONTAIN COPIES AND, IN SOME CASES, THE ORIGINAL OF DOCUMENTS CONCERNING THE DETAINEE'S STAY IN THE FACIUTY: CLASSIFICATION SHEET, MEDICAL QUESTIONNAIRE, PROPERTY SHEET m<f'TPT TNARV ,ETC. e YES No NA A detention file is created for every new arrival whose stay will exceed [21 0 0 24 hours. either originals or copies of The detainee detention file documentation and forms 0 [21 I during the admissions 0 The detainee's detention file also contains documents generated during the detainee's custody. • Special requests • AnyG-589s and/or 1-77s closed-out during the detainee's stay • Disciplinary forms/Segregation forms • Grievances, complaints, and the disposition(s) ofsarne 0 [21 0 ,files There were a total of 26 reviewed with the following documentation noted: Classification Form, Booking Report, WTDC Release Report Form, Intake Orientation Check List, Property List Form, Request Forms, Law Library Sign-in Log, Health Care Intake Record, Disciplinary Hearing Notification Form, Monetary Restitution Form, Incident Reports, Detainee statements, Fingerprint Card, Religious Meal Request and Detainee's intake nie.hIre The detention files are located and maintained in a secure area. If not, the cabinets are lockable and distribution of the keys is limited to file remains active during the detainee's stay. When the is released from the fucility, staff adds copies of completed documents, the original closed-out receipts for property and the ongmw 1-385 or and other documentation. The officer closing the detention file makes a notation that the file is , and ready to be archived. Staff makes copies and sends documents from the file when properly requested by supervisory personnel at the receiving facility or office. [21 0 0 [21 0 0 IZI 0 0 [21 0 0 [21 0 0 The detention files are maintained in the Records Office in the secured Administrative area of the facility_ .The Appropriate staff has access to the detention files, and other departmental requests are accommodated by making a request for the file. Each file is properly logged out and in by a representative of the [21 aLL [J "'LE IJ ] A n [J REMARKS: 1 0-15-09 AUDITOR'S SIGNATUR b6,b7c b6,b7c b6,b7c • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 47 of75 -- DISCIPLINARY POLICY POLICY: ALL FACILITIES HOUSING ICE DETAINEES ARE AUTHORIZED TO IMPOSE DISCIPLINE ON DETAINEES WHOSE BEHAVIOR IS NOT IN COMPLIANCE WITH FACILITY RULES AND REGULATIONS. No NA YES The fucility has a written disciplinary system nsing progressive levels of D D ~ reviews and The facility rules state that disciplinary action shall not be capricions or ~ D D Written rules prohibit staff from imposing or permitting the following sanctions: • • • • • • • corporal punishment deviations from normal food service Facility policy for Detainee Rights specifically addresses this component. ~ D D ,verh.llvand in »,,;';no. writing and I to all 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 k>oJ U U ~ D D When minor rule violations or prohibited acts occur, informal resolutions ~ D D ~ D D ~ D D ~ [J [J ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D clothing deprivation bedding deprivation denial of personal hygiene items loss of correspondence privileges A, ,;. ,';, Lof exerCIse 'O"J "0' ~ the Information is stated in the handbook and is posted in housing areas. • are reports and Notice of Charges are promptly forwarded to the supervisor. I i , Incident reports are investigated within 24 hours of the incident. The Unit Disciplinary Committee (UDC) or equivalent does not convene before an ends. ; is used to, An A disciplinary panel (or equivalent in raSAs) adjudicates infractions. The panel: • Conducts hearings on all charges and allegations referred by the UDC; • Considers written reports, statements, physical evidence, and oral • • • The Major reviews all incident reports. testimony; Hears pleadings by detainees and staff representatives; Bases its findings on the preponderance of evidence; and ; only authorized sanctions A staff representative is available if requested for a detainee fucing a y The ,. ~i1ity pennits I~~ postponements or continuances when : such a Mn';n"O", Reasons are documented. The duration of punishment set by the OIC, as recommended by the disciplinary panel, does not exceed established sanctions. The maximum is limited to 60 days for a single offense. time i n ' Written procedures govern the handling of confidential-informant infonnation. Standards include criteria for recognizing "substantial e' , E o r m s -" ",' to the incident, ~" I and I as ren,,;, are Is::! ACCEPTABLE committee/panel reports, .~ DDEFICIENT D AT-RISK D REPEAT FINDING FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 48 of75 REMARKS: .O b6,b7c 110-15-09 b6,b7c AUDITOR'S SIGNATUR b6,b7c • • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 49 of75 EMERGENCY (CONTINGENCY) PLANS C POLICY ALL FACILlTIES HOWING ICE DETAINEES WILL RESPOND TO EMERGENCIES WllHAPREDEfERMINED STANDARDIZED PLAN TO MINIMIZE U ,; IIMANIWC IfrTlON OF PROPERTY. IT IS RECOMMENDED THAT SPCS ANDCDFS ENTER lNTO AGREEMENT, VlA .., IOF \N1UU), WITH FFnFR AI LOCAL AND STATE AGENCIES TO ASSIST IN TIMES OF EMERGENCY. YES No NA V ..M.Ut<O Policy detainees or detainee groups from exercising control or D D IZI authority over other detainees. Detainees are protected from: • Personal abuse • Corporal punishment • Personal injury • Disease • Property damage . n-o", other detainees • Staff is trained to identifY signs of detainee unrest. • What type of training and how often? IZI Staff effectively disseminates UUVHuauvu on fucility climate, detainee and moods to the Officer In Charge (OIC) There is a designated person or persons responsible for emergency plans and their implementation. Sufficient time is allotted to the person or group for ". t and of the plans. The plans address the following issues: • Confidentiality • Accountability (copies and storage locations) • Annual review procedures and schedule • D D IZI D D IZI D D IZI D D IZI D D IZI D D IZI D D IZI D D IZI D D IZI D D IZI D D IZI D D Training is provided during employee orientation and again during annual in-service Briefings are conducted daily. The Security Chiefis responsible for emergency plans per racif Revisions general section with procedures "J p include a ,to most The facility has cooperative contingency plans with applicable: • Local law enfurcement agencies • State agencies • Federal All staff receives copies of Hostage Situation Management policy and Staff is trained on Hostage policy during' . Staff is trained to disregard instructions from hostages, regardless of rank. Within 24 hours after release, hostages are screened for medical and I effects. "J plans include .~ 6' "J medical treattnent for staff and ; during and after an Food service maintains at least 3 days' worth of emergency meals for staff and detainees. Written plans' .•, locations of shut-off valves and switches for all utilities (water, gas, • A 15-day supply offood is maintained at the facility. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 50 of75 EMERGENCY (CONTlNGENCY) PLANS POLICY ALLFACILITIES HOLDING ICE DETAINEES WILL RESPOND TO EMERGENCIES WITHAPREDETERMINED STANDARDIZED PLAN TO MINIMIZE rHIiH,®.!INIG C)HIUlI~AN LIFE AND THE DESTRUCTION OF PROPERTY. IT IS RECOMMENDED THAT SPCS AND CDFs ENTER INTO AGREEMENT, VIA Written procedures cover: • WorkIFood Strike • Disturbances • Escapes • Bomb Tbreats • Adverse Weather • !otemal Searches • Facility Evacuation • Detainee Transportation System Plan • !otemal Hostages • Civil Disturbances D D AT-RISK REMARKS: b6,b7c b6,b7c 110-15-09 AUDITOR'S SIGNATURE f b6,b7c • • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 51 of75 ENVIRONMENTAL HEALTH AND SAFETY POLICY: EVERY FACILITY WILL CONTROL FLAMMABLE, TOXIC, AND CAUSTIC MATERIALS THROUGH AHAZARDOUSMATERIALSPROGRAM. THE WILL INCLUDE, AMONG OTHER THINGS, THE IDENTIFICATION AND LABELING OF HAZARDOUS MATERIALS IN ACCORDANCE WITH lpPTU ,r STANDARDS (E.G., NATIONAL FIRE PROTECTION ASSOCIATION [NFPA]); IDENTIFICATION OF INCOMPATIBLE MATERIALS, AND r INn PROCEDURES R, YES NA NO The mcuny nas a system for storing, issuing, "nri hazardous materials. : are fur all toxic, and caustic ''1 in each QPc';on ,f'h, facility. The manufacturer's Material Safety Data Sheet (MSDS) file is up-to-date <1o 12;;] D D 12;;] D D 12;;] D D [2;] D U 12;;] D D for every hazardous substance used. • • All The files list all storage areas, and include a plant diagram and legend. The MSDSs and other information in the files are available to the facility's safety' using toxic, and/or caustic substances follow the ~~::ective ¥ • • Wear personal equipment; and loffic;"l. Report hazards and spills to the The MSDSs are readily accessible to staff and detainees in work areas. MSDS Sheets were reviewed and fuund to be up-to-date in all areas. Hazardous materials are always issued under proper supervision. • • I • Alit used Quantities are limited; and : using these Staff llIways ' and "combustible" materials (liquid and aerosol) are stored . ~ to label recommendations. 12;;] D D 12;;] D D 12;;] D D Ij"hting fixtures and electrical equipment installed in storage rooms and other hazardous areas meet National Electrical Code requirements. Issue logs were reviewed and found to be accurate. A Fire Chief report dated 6-1909 indicated NEC requirements are met. The facility has and provides and ensures clean air 12;;] D D ducts are not blocked or obstructed 12;;] D D Living units are maintained at appropriate temperatures in accordance with industry standards. (68 to 74 degrees in the winter and 72 to 78 degrees in the .) 12;;] D D with the temperature ranges from 68-78 Water temperature logs reflected 12;;] D D water temperatures ranged from ~,. oh : all Vents return vents, and air . in~s or . ,," in the facility. Shower and sink water temperatures do not exceed the industry standard of 120 degrees. Temperature logs were reviewed 101-105 All toxic and caustic materials are stored in their original containers in a secure area. Excess flammables, and in ,h oo,;hlpQ and toxic liquids are disposed of ,withM~n~, Staff directly supervise and account for products with methyl alcohol. Staff receives a list ofproducts containing diluted methyl alcohol, e.g., shoe dye. All such products are clearly labeled. "Accountability" includes issuing ; to in the workable such Every employee and detainee using flammable, toxic, or caustic materials receives advance training in their use, storage, and disposal. 12;;] D D 12;;] D D 12;;] D D 12;;] D D The cage inventory reflected the accountability of the methyl alcohol usage. Training records reviewed indicate the staff receives training during orientation and annual 40 hour FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 52 of75 ENVIRONMENTAL HEALTH AND SAFETY EVERY FACILITY WILL CONTROL FLAMMABLE, TOXIC, AND CAUSTIC MATERIALS THROUGH AHAZAROOUS MATERIALS PROGRAM. THE VILL INCLUDE, AMONG OTHER THINGS, THE IDENTIFICATION AND LABELING OF HAZARDOUS MATERIALS IN ACCORDANCE WITH 'PPT T('ART P STANDARDS (E.G., NATIONAL FIRE PROTECTION ASSOCIATION [NFPA]); IDENTIFICATION OF INCOMPATIBLE MATERIALS, AND UN" POLICY: YES The fucility complies with the most current edition of applicable codes, standards, and regulations ofthe National Fire Protection Association and the Occupational Safety and Health Administration (OSHA). D ; files The LlInce' The facility has an approved fire prevention, control, and evacuation plan. The plan requires: • Monthly fire inspections; • Fire protection equipment strategically located throughout the facility; • Public posting of emergency plans with accessible building/room floor plans; • Exit signs and directional arrows; and • An area-specific exit diagram conspicuously posted in the area. Fire drills are conducted and documented monthly. D [g] D D [g] [J [J [g] D D [g] D D [g] D D [g] D D has the facilities and equipment necessary to meet [g] D D ' are, I in the regulate the handling and disposal of used needles and [g] [J [J [g] D D 'risks are inventoried and a All items representing potential "J individual checks this i Standard cleaning practices include: • Using specified equipment; cleansers; disinfectants and detergents. and ~~TT" An, :or • The fucility follows standard cleaning procedures, [g] D D [g] D D [g] D D Spill kits are readily available. [g] D D [g] D D A sanitation program covers barbering operations. The barber sanitation s~op The ~;~~;v;~~rp ,h;, .:!~:.nsed medical waste contractor disposes of infectiouslbio-hazardous Dv . . muo NA A technically qualified officer conducts the fire and safety inspections. I ! [g] No The Safety Officer maintains NFPA and OSHA manuals and the 6-15-09 Fire Chief report indicates the facility is following applicable codes and standards. The fucility safety officer has completed necessary Fireman Basic and I-II training, as well as, Incident Command System Training and Hazardous Material The plan was approved by the local Fire ChiefJune 15, 2009. Monthly Fire Inspection reports were reviewed and fuund to be comprehensive. Emergency plans are posted appropriately throughout the facility in English and Spanish. Exit signs with appropriate exit arrows are visible. Monthly simulated fire drills of all fucility areas are conducted. Fire drill reports were reviewed. The fucility has a contract with the Stericycle Company dated 924-09, for FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 53 of75 ENVIRONMENTAL HEALTH AND SAFETY POLICY: EVERY FACILITY WILL CONTROL FLAMMABLE, TOXIC, AND CAUSTIC MATERIALS THROUGH AHAZARDOUS MATERIALS PROGRAM. THE ,,,,,,u,,,,,A';M,,, WILL INCLUDE, AMONG OTHER THINGS, THE IDENTIFICATION AND LABELING OF HAZARDOUS MATERIALS IN ACCORDANCE WITH 'nn, 'Nm v STANDARDS (E.G., NATIONAL FIRE PROTECTION ASSOCIATION [NFPA]); IDENTIFICATION OF INCOMPATIBLE MATERIALS, AND I IN" UK"" . contact with blood and other body fluids and Staff is trained to " written ,are Do the for handling/disposing of refuse meet all regulatory YES No NA Is:! D D Is:! D D Is:! D D A licensed/Certified/Trained pest-control professional inspects forrodents, insects, and vermin. • • At least monthly. The pest-control program includes preventative spraying for insects. Management Services, Inc. The 2008 Hudspeth County Drinking water and wastewater is routinely tested according to a fixed D schedule. D I 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 Is:! ACCEPTABLE DDEFICIENT D AT-RISK Monthly inspections are completed by the Carter Pest Water Inspection report was ." The emergency power generator D D is tested weekly with a full load test monthly. D REPEAT FINDING _EMARKS: b6,b7c 110-15-09 AUDITOR'SSIGNATURE/DA b6,b7c • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 54 of75 HOLD ROOMS IN DETENTION FACILITIES PoLICY: HOLD ROOMS WILL BE USED ONLY FOR TEMPORARY DETENTION OF DETAINEES AWAITING REMOVAL, TRANSFER, EOIRHEARINGS, TREATMENT INTRA-FACILITY MOVEMENT INTO OR OUT OF THE FACILITY. switches D D D D D lSI The not accept detainees under the age of18. or audible range to allow basis. lSI D D all a pat down search for weapons or contraband lSI D D lSI D D lSI D D lSI D D lSI D D Detainees nnder the age of 18 are not held with adult detainees. are basic water, are available in direct given a There is a evacuation plan that officer to remove detainees from hold rooms in case of fire and/or building evacuation. An appropriate emergency service called upon a determination that a medical lSI ACCEPTABLE DDEFICIENT D AT-RISK D REPEATFINIHNG REMARKS: b6,b7c b6,b7c !10-15-09 AUIHTOR'S SIGNATURE! DATE • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 55 of75 , , I, i i CL. KEY AND LOCK CONTROL (SECURITY, ACCOUNTABILITY AND MAINTENANCE) IS THE POLICY OFTHEICE SERVICE TO MAINTAIN AN EFFICIENT SYSTEM FOR THE USE, ACCOUNTABILITY ANDMAlNfENANCEOF ALL ANnrnrK'. YES No NA D I2J D in IOSAs. has responsibly fur all The security officer, or ""1.~ . . ~ to keys, locks etc. administrative duties and The security officer, or equivalent in IOSAs, provides training to employees in key control. The security officer, or equivalent in IGSAs, maintains inventories of all keys, locks and locking devices. I2J D D I2J D D I2J D D The security officer follows a preventive maintenance program and documentation. maintains all ; the issue OI , I keys ' and and locks. The security officer, or equivalent in IOSAs, develops policy and procedures to ensure safe combinations integrity. I2J D D IX! n n The security officer[ s1, or equivalent in IOSAs, has attended an approved locksmith training program. ~ a~HHl I in : areas. I bolt or dead lock I locks (as specified in the Detention Standard) are used in : areas. ; are Grand master keying I wom or, I keys and locks are cut up and lof Only; ; are I from use on cell doors. The entrance/exit door locks to detainee living quarters, or areas with an occupant load of 50 or more people, conform to: • Occupational Safety and Environmental Health Manual, Ch. 3; • National Fire Protection Association Life Safety Code 101. _, is sufficient to accommodate all the facility key ~ keys in use, and is located in a secure area. Procedures are in place to ensure that key rings are: • Identifiable; • The numbers of keys are cited; and • Keys cannot be removed. : for all areas of the fucility. I keys are ~~;s, The ; use a 'system,. Ito issue any 1 is Ikey~ 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. • D D I2J I2J [ [ D D L [ L L I2J D D I2J D D I2J D D [8J D Facility policy requires that safe combinations be changed every twelve months. Combinations were last changed in April 2009. b2High I2J hOJ The fucility has a key accountability policy and procedures to ensure key accountability. The keys are physically counted daily. • I2J The Key Control Officer is currently taking an on-line locksmith course. D b2High I2J D D FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 56 of75 KEY AND LOCK CONTROL (SECURITY, ACCOUNTABILITY AND MAINTENANCE) I' IS THE POLICY OFTHE ICE SERVICE TO MAINTAIN AN EffiCIENT SYSTEM FOR THE USE, ACCOUNTABILITY AND MAINTENANCE OF ALL I ANIJLQCKS. RI YES No NA All staff members are trained and held responsible for adhering to proper procedures for the handling of keys. • Issued keys are returned immediately in the event an employee inadvertently carries a key ring home. D D 1:21 • When a key or key ring is lost, misplaced, or not accounted for, the shift supervisor is immediately notified . to staff. • Detainees are not . " '~to handle keys , D DEFICIENT 1:21 ACCEPTABLE D AT-RISK D REPEAT FINDING REMARKS: The rncility does not have a locksmith; however, the Key Control Officer is currently emolled in an on-line locksmith training program. One set of gun lockers is located in a public access area monitored by security cameras. Recommendation is that a cage be built to secure lockers from access by general public. Other gun lockers are provided in areas with no public access. b6,b7c / 10-15-09 SIGNATU b6,b7c b6,b7c ~ • • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 57 of75 crT POPULATION COUNTS POLICY: ALL DETENTION FACILITIES SHALL ENSURE AROUND-THE-CLOCK ACCOUNTABILITY FOR ALL DETAINEES. THIS REQUIRES TlIATTHEY AT LEAST ONE FORMAL COUNT OF THE DETAINEE POPULATION PER SHIFT, WITH ADDITIONAL FORMAL AND INFORMAL COUNTS "~Y. YES Staff, • a fonnal count at least once each shift. , cease or are strictly controlled while a formal count is being Certain , cease during formal counts. . I of a formal count. All t ceases for the Formal counts in all units take place , in counts is A face-to-photo count follows each unsuccessful recount. Officers positively identifY each detainee before counting him/her as nre<ent W n:en PThey are ~~~::'rl during' ana, '~~ur:is :~ms. The control officer (or other an out -count record of all detainees lly leavi;'g the facility. [ is I in each : folder. -'Ihis ~ ACCEPTABLE I DDEFICIENT D D ~ D D ~ D D ~ D D ~ D D ~ D D AT-RISK RRMA"K~ NA ~ [X] D No Formal counts are done 6 times per day. Facility policy addresses this [ D REPEAT FINDING REMARKS: • popUlation count was observed and was found to be conducted in a manner that is in compliance with the NDS and Facility Policy. Population counts are conducted eight times daily with "Roster Counts ll Decuning at the beginning of each shift. b6,b7c / lO~ b6,b7c ~ AUDITOR'S SIGNATURE / b6,b7c • , FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 58 of75 POST ORDERS -==R', POLICY: ICE PROVIDES OFFICERS ALL NECESSARY GUIDANCE FOR CARRYING our THEIR DUTIES. THIS GUIDANCE INCLUDES TIIEPOSTORDERS rPAOTANNm,,, ,AND GIVEN' WHICHAREI YES NO NA ,Hr''''" Every fixed post has a set of po" nrn~~. Each set contains the latest inserts (emergency memoranda, etc.) and revisions. One individual or department is responsible for keeping all post-orders current with revisions that take place between reviews. ~ LJ LJ [2J D D [2J D D ,set (c~n'rnl file) of post orders. The rGSA 'a , to all staff. The central file is The OlC or Contract I rGSA equivalent initiates/authorizes all post-order [2J [2J [2J [J [J D [J [J D The OlC or Contract I rGSA equivalent has signed and dated the last page of every section. A ,~,;c' of post orders occurs regularly and at a [2J D D IX! n n [2J D D [2J D [J [J D D [J [J D Procedures keep post orders and logbooks secure fi'om detainees at all times. Every anned-post officer qualifies with the post weapon(s) before assuming post duty. A , for escape t post orders • : units track the event • The post orders for Housing-unit post officers record all . activity in a log. The post : the ',"h ;" order includes instructions on D DEFICIENT [2J ACCEPTABLE D [2J [2J [2J AT-RISK Per rncility policy, the Chief of Security (Major) is responsible for post orders. D REPEAT FINDING REMARKS: b6,b7c , b6,b7c ~ (S AUDITOR'SSIGNATURE/ b6,b7c • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 59 of75 SECUltlTYINSPECTlONS POLICY: POST ASSIGNMENTS IN THE FACILITY'S HIGH-RISK AREAS, WHERE SPECIAL SECURITY PROCEDURES MUST BE FOLLOWED, WILL BE EXPERIENCED The fucility has a LITY, WIT" A YES No NA ~ 0 0 ~ 0 0 ~ 0 0 security inspection policy. The policy "P specifies: • • • • • Posts to be inspected; Required inspection forms; Frequency of inspections; Facility policy describes the security inspection process. Guidelines fur checking security features; and Procedures for reporting weak spots, inconsistencies, and other areas Every officer is rpnHirp,j to area. The results are a security check of his/her assigned Documentation of security inspections is kept on file. Security inspection documentation is maintained by the Administrative action are lto the The front-entrance officer checks the ill of everyone entering or exiting the facility. All visits are officially recorded in a visitor logbook or electronically recorded. The mCllity nas a secure visitor pass system. . . Everyrnntrnl Center officer. The Control Center is staffud around the clock. , sm1 r access to the rnntrol Center. ; are I from access to the Control Center. ; are I in the Control Center. rail' traffic ~ and leaving the fucility. i2'J U U ~ 0 0 ~ 0 0 ~ 0 0 ~ ] ~ 0 0 ~ 0 0 0 ~ 0 ~ 0 0 I2>J I:8J [ [ ~ 0 Visits are recorded in a visitor : by the entry officer. ~ The facility maintains a log of all incoming and departing vehicles to sensitive areas of the facility. Each entry contains: • • • • • • • I I i The driver's name; Company represented; Vehicle contents; Delivery date and time; Date and time out; Vehicle license number; and for the vehicle during the visit Name of' I search each vehicle, vrneers ~ and leaving the fucility. The fucility has a written policy and 1''' to prevent the introduction ofcontrabandintothefa~ilityor .~, Tools being taken into the secure area of the fucility are inventoried before and prior to The SMU entrance has a sally port. Written procedures govern searches of detainee housing units and personal areas. . times. ,occur at. : area Every search of the SMU and other h 0;' : units is and supply rooms, walls, light and plumbing fixtures, accesses, and etc.,. undergo frequent, irregular searches. These searches are C 0 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 60 of75 b2High SECURITY INSPECTIONS POLICY: POST ASSIGNMENTS IN THE FACILITY'S HIGH-RISK AREAS, WHERE SPECIAL SECURITY PROCEDURES MUST BE FOLWWED, WILL BE TO EXPERIENCED PERSONNEL WITH A THOROUGH GROUNDING IN FACILITY OPERATIONS. Walls, fences, and exits, including exterior windows, are inspected for defects once each shift. Daily procedures include: • Perimeter alatm system tests; • Physical checks of the perimeter fence; and the results. 1 areas receive ITP""en' • o ~ ACCEPTABLE DEFICIENT YES No NA ~ 0 0 ~ 0 0 ~ LJ LJ OAT-RISK 1> "". .",,0 b2High o REPEAT FINDING REMARKS: Interviews with staff and a review of logbooks verifY that this standard is in compliance. The facility . b6,b7c b2High b2High /10-15-09 b6,b7c AUDITOR'S SIGNATURE I b6,b7c • • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 61 of75 however, SPECIAL MANAGEMENT UNIT (SMU) (ADMINISTRATIVE SEGREGATION) UNIT REQUIRED IN EVERY FACILITY ISOLATES CERTAIN DETAJNEES FROM THE GENERAL POPULATION. ,. UNIT WILL CONSIST OFTWO SECTIONS. ONE, ADMINISTRATIVE SEGREGATION,HOUSES DETAINEES ISOLATED FOR THEIR OWN PROTECTION; THE OTHER FOR DETAINEES BEING DISCIPLINED FOR WRONGDOING (SEE THE "SPECIAL MANAGEMENT UNIT IALMI :1 fTNARV (" YES No NA [gJ 0 0 [gJ 0 0 [gJ 0 0 [gJ 0 0 [gJ 0 0 [gJ 0 0 [gJ 0 0 conclusions and recommendations of any review conducted after the detainee have remained in administrative segregation for seven consecutive days. [gJ 0 0 enjoy the same general privileges as Administratively detainees in the general The SMU is: • Well ventilated; • Adequately lighted; • Appropriately heated; and lina • All cells are . with beds. • "very oed is fastened to the floor or wall . [gJ 0 0 [gJ 0 0 [gJ 0 0 The Administrative Segregation unit provides non-punitive protection from the general population and individuals undergoing disciplinary segregation. • Detainees are placed in the SMU (administrative) in accordaace administrative detention. A I I , , .,. . ,,;t~'·, ..." 70 ~ ,f't~ tin the SMU, A supervisory officer conducts another review after the detainee has spent seven days in administrative segregation, and: • • • • I , Facility policy addresses this component. with written criteria. In exigent circumstances, staff may place a detainee in the SMU (administrative) before a written order has been approved. • A copy of the order given to the detainee within 24 hours. regularly reviews the status of detainees in The OIC (or I I I Un, Every week thereafter for the first month; and Every 30 days after the first month, Does each review include an interview with the detainee? Is a written record made ofthe l and the' The detainee is given a copy of the decision and justification for each review. • The detainee is given an opportunity to appeal the reviewer's decision to someone else in the facility. The OIC (or equivalent) routinely notifies the Field Office Director (or staff officer in charge of IGSAs) any time a detainee's stay in administrative detention exceeds 30 days. • Upon notification that the detainee's administrative segregation • • A written record is made of the decision and the justification. The, record. ; a· has exceeded 60 days, the FD forwards written notice to HQ Field ; Branch Chieffor DRO, The OIC or equivalent) reviews the case of every detainee who objects to administrative segregation after 30 days in the SMU. The detainee is given the right to appeal to the OIC (or • The Administrative Captain conducts the 7 day reviews. ' the FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 62 of75 , SPECIAL MANAGEMENT UNIT (SMU) (ADMINISTRATIVE SEGREGATION) THE SPECIAL MANAGEMENT UNIT REQlflRED IN EVERY FACILITY ISOLATES CERTAIN DETAINEES FROM THE GENERAL POPULATION. 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 ~l"STAND"Dn\ 'Th'WV YES NO NA ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D ~ [J [J ~ D D ~ D D ~ D D The number of detainees in any cell does not exceed the occupancy limit. • %en occupancy exceeds recommended capacity, do basic living standards decline? • • Do criteria for objectively assessing living standards exist? Ifves. are the criteria included in the written ~,., The . and li~~~v:, me same ; ;~ the general Only I detainee is housed in each cell. Detainees receive three nutritious meals per day, from~ general population's menu ofthe day. • Do detainees eat only with disposable utensils? '~C~,J food as punislunent. J Each detainee maintains a normal level of personal hygiene in the SMU. • The detainees have the opportunity to shower and shave at least three times a week. • Facility policy prohibits using -.~,. Ifno!. The detainees are provided: • • Barbering services; • • • Non-legal reading material; • • Telephone access similar to that of the general popUlation; and Recreation privileges in accordance with the "Detainee Recreationl! standard; Religious material; The same correspondence privileges as detainees in the general popUlation; Personalle!!al material. A health care professional visits every detainee at least three times a week • The shift supervisor visits each detainee daily. • and .' Procedures comply with the "Visitationll standard. • The detainee retains visiting privileges; and The visiting room is n"n"n~l; durino normal visiting hours. Visits from~ are Detainees have the same law-library access as the general population. • Are they required to use the law library ~Separately, or DAs a group? to them? • Are legal materials The SMU permanent log of detainee-related activity, e.g., • meals served. visitors etc. SPC procedures include completing the SMU Housing Record (1-888) immediately upon a detainee's placement in the SMU. • Staff completes the form at the end of each shift. • rJ)F, "nrl J(;SA fucilities use Form 1-888 (or local • A local form is used for documentation. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 63 of75 -----------------------------------------------------------------------------SPECIAL MANAGEMENT UNIT (SMU) (ADMINISTRATIVE SEGREGATION) THE SPECIAL MANAGEMENT UNIT REQUIRED IN EVERY FACILITY ISOLATES CERTAIN DETAINEES FROM THE GENERAL POPULATION. SPECIAL MANAGEMENT UNIT WILL CONSIST OFTWO SECTIONS. ONE, ADMINISTRATIVE SEGREGATION, HOUSESDETAINEES ISOLATED FOR THEIR OWN PROTECTION; THE OTHER FOR DETAINEES BEING DISCIPLINED FOR WRONGDOING (SEE THE "SPECIAL MANAGEMENT UNIT lUI 'WARV N]"STPJnART)\' ( Staff record the detainee ate, showered, exercised, and took any applicable medication during every shift. • Staff logs record all pertinent information, e.g., a medical condition, suicidaVassaultive behavior, etc; • The medical officer/health care professional signs each individual's record during each visit; and • The housing officer initials the record when all detainee services are or at the end of the shift. each week the is in A new record is created Segregation. Tn pH "", ;" .h , return to the general' I2<J ACCEPTABLE o ~MTT , YES ,;1 'h DEFICIENT OAT-RISK No NA o o o o o RI<M A''',. REPEATFINDlNG REMARKS: .UD b6,b7c b6,b7c / 10-15-09 NAT b6,b7c • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 64 of75 SPECIAL MANAGEMENT UNIT (DISCIPLINARY SEGREGATION) ~LICY: EACH FACILITY WILL ESTABLISH A SPECIAL MANAGEMENT UNIT IN WHICH TO ISOLATE CERTAIN DETAINEES FROM THE GENERAL ,",ATION. THE SPECIAL MANAGEMENT UNIT WILL HAVE TWO SECTIONS, ONE FOR DETAINEES IN ADMINISTRATIVE SEGREGATION; THE OTHER FOR nFT AINPP< BEING SEGREGATED FOR DISCIPLINARY REASONS. YES Officers placing detainees in disciplinary segregation follow written procedures. ~~~ays. for violations committed during one incident are limited to A completed Disciplinary Segregation Order accompanies the detainee into the SMU. • The detainee receives a copy of the order within 24 hours of tin, . y, hnno.A ;~t' i include DV~'DV. NA C2I 0 0 C2I 0 0 C2I 0 0 161 LJ LJ C2I 0 0 C2I 0 0 C2I 0 0 C2I 0 0 C2I 0 0 C2I 0 0 C2I 0 0 C2I 0 0 C2I 0 0 C2I 0 0 C2I 0 0 Facility Policy provides staff direction in the placement of detainees in discip linary '_:' the cases of individual detainees , ot <et • After each fannal review, the detainee receives a written copy of reasons. the decision and su The conditions of confinement in the SMU are proportional to the amoUUlt ,to protect detainees and staff. of control segregation have fewer privileges than those housed in in ~;, Living conditions in disciplinary SMUs remain the same regardless of behavior. • Ifno, does staff prepare written documentation for this action? Does the OlC sign to • in ".J segregation the same humane ~ The quarters used for segregation are: • Well-ventilated. • Adequately lighted. • Appropriately heated. • Maintained in a sanitary condition. with beds that are securely listened to the floor or All cells are wall of the cell. The number of detainees confined to each cell or room is limited to the number for which the space was designate. excess ona oasIS, • Does the OlC When a detainee is segregated without clothing, mattress, blanket, or pillow (in a dry cell setting), a justification is made and the decision is reviewed each shift. Items are returned as soon as it is safe. in the SMU have the same opportunities to exchange clothing, , etc., as other detainees. Detainees in the SMU receive three nutritious meals per day, selected from the Food Service's menu of the day. • Food is not used as are I. to shower : the t~ • No '::;el::~!~~ ;::ua. Detainees are provided with a paper gown. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 65 of75 SPECIAL MANAGEMENT UNIT (DISCIPLINARY SEGREGATION) 'OLlCY, EACH FACILITY WILL ESTABLISH A SPECIAL MANAGEMENT UNIT IN WHICH TO ISOLATE CERTAIN DETAINEES FROM THE GENERAL orr \TIO~. THE SPECIAL MANAGEMENT UNIT WILL HAVE TWO SECTIONS, ONE FOR DETAINEES IN ADMINISTRATIVE SEGREGATION; THE OTHER FOR DETAINEES BEING SEGREGATED FOR DISCIPLINARY REASONS. Detainees receive, unless documented as a threat to security; • Barbering services; • Recreation privileges; • • • • Other-than-legal reading material; Religious material; YES_ No ~ lSI 0 0 lSI 0 0 lSI 0 0 lSI 0 0 RF.M"RKS The same correspondence privileges as other detainees; and Personal leKal material. When phone access is limited by number or type of calls, the following areas are exempt: • Calls about the detainee's immigration case or other legal matters; ,'" • ,A Calls during family emergencies (as determined by the UIL 1visits v'"'y A health. :' every week day. • The shift supervisor visits each segregated detainee daily • Weekends and 'Ac are allow~rl visitors, in accordance with the I!Visitation U SMU SMU receive legal visits, as provided in the "Visitation" • Legal service providers are notified of security concerns arising lSI 0 0 before a visit. Visits from clergy are allowed. • The clergy member is given the option of visiting/not visiting the segregated detainee. lSI 0 0 lSI 0 0 lSI 0 0 lSI 0 0 • Health care professionals visit three times per shift. Violent/uncooperative detainees are denied access to religious ,,;, SMU detainees .;, would otherwise be ; when sarety and , law library access. • Violent/uncooperative detainees retain access to the law library • unless adjudicated a security threat in writing. Legal material brought to individuals in the SMU on a case-by- case basis. • All Staff documents every incident of denied access to the law hbrary. are documented, e.g. meals served, . etc. The SPC's, the Special Management Housing Unit Record (I-888or equivalent), is prepared as soon as the detainee is placed in the SMU. • All 1-888s are filled out by the end of each shift. • The CDFIIGSA facility use Form. local form). • 1-888 (Of< • A local form is used for documentation. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 66 of75 SPECIAL MANAGEMENT UNIT (DISCIPLINARY SEGREGATION) ~L1CY: EACH FACILITY WILL ESTABLISH A SPECIAL MANAGEMENT UNIT IN WHICH TO ISOLATE CERTAIN DETAINEES FROM THE GENERAL OTHER FOR n THE SPECIAL MANAGEMENT UNIT WILL HAVE TWO SECTIONS, ONE FOR DETAINEES IN ADMINISTRATIVE SEGREGATION; THE BEING SEGREGATED FOR DISCIPLINARY REASONS. YES SMU staff record whether the detainee ate, showered, exercised, took medication, etc. • Details about the detainee logged, e.g., a medical condition, suicidal/violent behavior, etc. • The health care official sign individual records after each visit. • The housing officer initials the record when all detainee services are completed or at the end of the shift. • A new record is created weekly for each detainee in the SMU. • The SMU retains these records nntil the detainee leaves the No NA o o SMU. IYI. il n» nREPEAT REMARKS: b6,b7c b6,b7c b6,b7c • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 67 of75 '" I I I , TOOL CONTROL POLICY: IT IS THE POLICY OF ALLFACILITIES THAT ALL EMPLOYEES SHALL BE RESPONSIBLE FORCOMPLYING WIT1ITHETOOLCONIROL POLICY. THE MAINTENANCE SUPERVISOR SHALL MAINTAIN A COMPUTER GENERATED OR TYPEWRITTEN MASTER INVENTORY LIST OF TOOLS AND ,=w 'I fWATION IN WHICH TOOLS ARE STORED. THESE INVENTORIES SHALLBECURRENT,FILED AND READILY AVAIlABLE FOR ANn 'AtllLlI y DURING AN AUDIT. TOOL YES No NA '-UMI • who is for a tool control There an D D I2l , syStem to insure, ,and an ~~1-'"' ",,,'" heads are responsible for implementing this standard in their I2l D D I2l D D I2l D D I2l D D I2l D D I2l D D I2l D D Tool inventories are required for the: • Maintenance Department; • • • • • Medial Depattment; Food Service Department; Electronics Shop; Recreation Department; and u,~ m~u"Yhu"" ~FV "Y w'.. ~5·. l' f< "Y h . l' d 11 T e po ICY sets mtnlmum time mes or P YSlca mventory an a necessary documentation. ; use AMIS bar code labels when re, ,;re,-1. • ICE The facility has a tool classification system. Tools are classified according to: • Restricted (dangerous/hazardous); and • • N, 1(1 heads are responsible for implementing tool-control -]-' Facility Policy reflects the handling of tools. e~~ ~::dilY:' and procedures in place to ensure that all tools are The facility has an approved tool storage system. • The system ensures that all stored tools are accountable . • Commonly used tools (tools that can be mounted) are stored in such a way that : tool is readily notice. Each facility has procedures for the issuance oftools to staffand detainees. The fucility has policies and procedures to address the issue oflost tools. The policy and procedures include: • Verbal and written notification; and • Procedures for detainee access; .,for all incidents oflost tools. • Broken or worn out tools are surveyed and disposed of in an appropriate and secure manner. All private or contract repairs and maintenance workers under contract to ICE, or other visitors, submit an inventory of all tools prior to admittance into or from the fucility. D DEFICIENT I2l ACCEPTABLE D I2l D I2l D D I2l D D I2l D D AT-RISK D All fucility tools are etched for identification The facility utilizes a sign-in and sign-out procedure for issuance .<, ,I. D REPEAT FINDING REMARKS: b6,b7c /10-15-09 .UDlTOR'S SIGNATURE / DATE b6,b7c y ~ FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 68 of75 ------ TRANSPORTATION (LAND TRANSPORTATION) ,rv· THE lMMIGRATION AND NATURALIZATION SERVICE WILL TAKE ALL NECESSARY PRECAUfIONS TO PROTECT THE LIVES, SAFETY, AND OFFICERS, THE GENERAL PUBLIC, AND THOSE IN ICE CUSTODY DURING THE TRANSPORTATION OF DETAINEES. STANDARDS HAVE BEEN ESTABLISHED FOR PROFESSIONAL TRANSPORTATION UNDER THE SUPERVISION OF EXPERIENCED AND TRAINED DETENTION ENFORCEMENT OFFICERS OR AUfHORIZED CONTRACT PERSONNEL. I I ~. n~ (W OUR D STANDARD NA: CHECK THIS BOX IF ALL ICE TRANSPORTATION IS HANDLED ONLY BY THE ICE FIELD OFFICE OR SUB-OFFICE IN 'rAO~ L 10c,I .','e, and fiorIernl mo'or Transporting officers ~u'."v' y vehicle laws and" ,,10';0", wt this finding, . Every transporting officer required to drive a commercial size bus has a valid Commercial Driver's License (CDL) issued by the state of . I records for each vehicle Su Officers use a checklist during every vehicle inspection. ,no . renor' "~,,. 0; • Deficiencies are corrected before the vehicle goes back into • service. Transporting officers: • Limit driving time to 10 hours in any 15 hour period; • Drive only after eight consecutive off-duty hours; • Do not receive transportation assignments after having been on duty, in any capacity, for 15 hours; Drive a 50-hour maximum in a given work week; a 70-hour • maximum during eight consecutive days; • During emergency conditions (including bad weather), officers may drive as long as necessary and safe to reach a safe lO-hour limit. Two officers with valid CDLs required in any bus transporting detainees. • When buses travel in tandem with detainees, there are two qualified officers per vehicle. driver may : an empty vehicle. • An Before the start of each detail, the vehicle is I of all i being lis to boarding the vehicle by staff are searched immediately prior All ~ the bus or vehicle. The facility ensures that the number of detainees transported does not exceed the vehicles manufacturer's level. ,ffi, I to all 'vests are 1 The vehicle crew conducts a visual count once all passengers are on board and seated. • Additional visual counts are made whenever the vehicle makes a scheduled or unscheduled stop. in place addressing the use of restraining Policies and procedures _c en";nm~'on .,. Officers ensure that no one contacts the detainees. One officer remains in the vehicle at all times when detainees are • i Meals are provided during long distance transfers. • The meals meet the minimum dietary standards, as identified by dieticians utilized h ,Trl" YES No NA ~ D D ~ D D IS:] [J [J iL'>J U U ~ D D ~ D D ~ ~ U LJ LJ LJ ~ D D ~ D D ~ [J [J ~ D D ~ D D ~ D D ~ D D D~'''DV< StaffCDL licenses were verified. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 69 of75 TRANSPORTATION (LAND TRANSPORTATION) . ~~.~ •• THE IMMIGRATION AND NATURALIZATION SERVICE WILL TAKE ALL NECESSARY PRECAUTIONS TO PROTECT THE LIVES, SAFElY, AND , ~'D~"~ Of JR , _, THE GENERAL PUBLIC, AND THOSE IN ICE CUSTODY DURING THE TRANSPORTATION OF DETAINEES. STANDARDS HAVE BEEN ESTABLISHED FOR PROFESSIONAL TRANSPORTATION UNDER THE SUPERVISION OF EXPERIENCED AND TRAINED DETENTION ENFORCEMENT OFFICERS OR AUTHORIZED CONTRACT PERSONNEL. D STANDARD NA: CHECK r:::.::.OX IF ALL ICE TRANSPORTATION IS HANDLED ONLY BY THE ICE FIELD OFFICE OR SUB-OFFICE IN r The vehicle crew inspects all Food Service pickups before accepting delivery (food wrapping, portions, quality, quantity, thennos-transport containers, etc.). • Before accepting the meals, the vehicle crew raises and resolves questions, concerns, or discrepancies with the Food Service representative; • Basins, latrines, and drinking-water containers/dispensers are I and . I on a fix~d Vehicles have: • Two-way radios; • Cellular telephones; and • Equipment boxes stocked in accordance with the Use of Force Standard. , are clean and . The ' at all times. Personal property of a detainee transferring to another facility is: • Inventoried; • Inspected; and the detainee. • fel10wing contingencies are included in the written procedures for vehicle crews: • Attack • Escape • Hostage-taking • Detainee sickness • Detainee death • Vehicle fire • Riot • Traffic accident • Mechanical problems • Natural disasters • Severe weather list includes women or minors • ~ ACCEPTABLE DDEFICIENT D YES No NA ~ D D All food is provided by the facility and checked by officers before leaving. ~ D D Facility vehicles are equipped with two-way radios and cellular phones. ~. [J LJ ~ D D D D AT-RISK RFM . .' . . . D REPEAT FINDING REMARKS: b6,b7c I 1O-15..:Q2. AUDITOR'SSIGNATURE/DAr • b6,b7c V FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 70 of75 I i i USE OF FORCE POLICY: THE U.S. DEPARTMENT OF HOMELAND SECURITY AUTHORIZES THE USE OF FORCE ONLY AS A LAST ALTERNATIVE AFTER ALL OTHER EFFORTS TO RESOLVE A SITUATION HAVE FAILED. ONLY THAT AMOUNT OF FORCE NECESSARY TO GAIN CONTROL OF THE AND ENSURE THE SAFETY OF DETAINEES, STAFF AND OTHERS, TO PREVENT SERIOUS PROPERTYDAMAGEANDTO ENSURE INSTITUTION SECURITY AND GOOD ORDER MAYBE USED. PHYSICAL RESTRAINTS NECESSARY TO GAIN CONTROL OF ADETAINEE WHO APPEARS TOBEn. ; MAY BE """"WYED WHEN THE. : I Written policy authorizes staff to respond in an innnediate-use-offorce situation without a or direction. When the detainee is in an area that is or can be isolated (e.g., a locked cell, a range), posing no direct threat to the detainee or others, officers must try to resolve the situation without resorting to force. Written policy asserts that calculated rather than use of force is feasible in most cases. The facility: Procedures. to the ~ aun I use UI rurce. When a detainee must be forcibly moved and/or restrained, and there is time for a calculated use of force, staff uses the U se-of- NA IZI 0 0 IZI 0 0 IZI 0 0 IZI 0 0 IZI 0 0 IZI 0 0 IZI 0 0 Under stal are trained in the perlormance of the Use-of-Force IZI 0 0 IZI 0 0 IZI 0 0 IZI 0 0 All use-of-force incidents are documented and reviewed. • • • • Do not use force as punishment; Attempt to gain the detainee's voluntary cooperation before resorting to force; Use only as much force as necessary to control the .. The fucility has a use offorce continuum. The After Action Review Tearn consisting of the Warden, Asst Warden, Major and HSA reviews all use .<. detainee; and Use restraints only when other non-confrontational means, including verbal persuasion, have failed or are used for I as Team follows written to -J by the Facility policy explains the use offorce ucanu Force Team Teclmique. ~::: No Confrontation Avoidance others ;onfer before every' • YES "J p" that to Medication is not used for restraint Standard procedures associated with using four-point restraints include: • • • • • • • • Soft restraints (e.g., vinyl); the detainee appropriately for the temperature; A bed, mattress, and blanket/sheet; Checking the detainee at least every 15 minutes; Logging each check; Turning the bed-restrained detainee often enough to prevent soreness or stiflhess; Medical evaluation of the restrained detainee twice per eight-hour shift; and When qualified medical staff is not immediately , Stal the detainee ,,~ , Dressing Detainee is kept Wlder constant observation by an officer. Medical personnel check detainee hourly. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 71 of75 USE OF FORCE POLICY: 1lIEU.S. DEPARTMENT OF HOMELAND SECURITY AUTHORIZES THE USEOFFORCEONLY AS A LAST ALTERNATIVE AFTERALLOTHER '" EFFORTS TO RESOLVE A SITUATION HAVE FAILED. ONLY THAT AMOUNT OF FORCE NECESSARY TO GAIN CONTROL OF THE ., TO PROTECT AND ENSURE THE SAFETY OF DETAINEES, STAFF AND OTHERS, TO PREVENT SERIOUS PROPERTYDAMAGEAND TO ENSURE INSTITUTION SECURITY AND GOOD ORDER MAYBE USED. PHYSICAL RESTRAINTS NECESSARY TO GAIN CONTROL OF ADETAINEE WHO APPEARS TO BE DANGEROUS MAY BE EMPLOYED WHEN THE DETAINEE: D~'''DV< YES No NA The shift supervisor monitors the detainee's position/condition every two hours. ~ 0 0 • Helshe allows the detainee to use the rest room at these times under: : checks are logged. All I25J LJ LJ staff contacts medical staff In 0 0 ~ : is un~~;control. once the When the OlC authorizes use of non-lethal weapons: • Medical staff is consulted before staff use pepper spray/non-lethal weapons. ~ 0 0 , ,fF . .A;, ,I ~I, before use of a I is Special precautions are taken when restraining pregnant detainees. are cnn,,, Ite" • Medical Protective gear is worn when restraining w iu, open cuts or wounds. Staffdocuments every use offorce andlor non-routine application of restraints. It is: practice to review any use of force and the non-routine 101 ~ • ~~~ in self-defense, confrontation-avoidance and the use offorce to control detainees. . Specialized training is given and Officers are certified in all devices In SPCs. is the Use of Force fonn is used? In other fucilities : / CDFs) is this fonn or its t used? o DEFICIENT ~ ACCEPTABLE ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 OAT-RISK A local form is utilized for o REPEAT FINDING REMARKS: There has been no use of restraints in the past 12 months. b6,b7c b6,b7c AUDITOR'S SIGNATURE b6,b7c • ~ FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 72 of75 STAFF DETAINEE COMMUNICATIONS POLlCY: PROCEDURES MUST BE IN PLACE TO ALLOW FOR FORMAL AND INFORMAL CONTACT BETWEEN KEY FACILITY STAFF AND ICE STAFF PERMIT DETAINEES TO MAKE WRITTEN REQUESTS TO ICE STAFF AND RECEIVE AN ANSWER IN AN ACCEPTABLETIME C The ICE Field Office Director ensures that weekly announced and unannounced visits occur at the IGSA, and Deportation Staff conduct scheduled weekly visits with ; held in the IGSA. Scheduled visits are posted in ICE detainee areas. Visiting staff observe and note current climate and conditions of confinement at each !GSA. ICE information request Forms are available at the !GSA for use by ICE detainees. 'e ICE staff responds to a detainee request fi·om an IGSA within 72 hours. ICE detainees are notified in writing upon admission to the facility of their right to correspond with ICE staff regarding their case or conditions of confinement. o DEFICIENT ISJ ACCEPTABLE YES No NA ISJ 0 0 ISJ 0 0 0 ISJ 0 ISJ 0 0 ISJ 0 0 ~ U U ISJ 0 0 ISJ 0 0 OAT-RISK ICE staff visit the facility daily when ICE detainees are housed at the facility. Scheduled visits are not posted in the housing units by ICE staff since their visits are daily. requests are on a daily basis. Detainees have access to the ICE National Handbook that explains the VClj1l1lC>C o REPEAT FINDING .REMARKS: b6,b7c /10-15-09 NATURE b6,b7c b6,b7c \)Ii - - ' - I I I I , • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 73 of75 I I , DETAINEE TRANSFER STANDARD POLlCY: ICE WILL MAKE ALL NECESSARY NOTIFICATIONS WHEN ADETAINEE IS TRANSFERRED. IF ADETAINEE IS BEING TRANSFERRED VIATHE I PRISONER ALIEN TRANSPORTATION SYSTEM (JPATS), ICE WILL ADHERE TO JPATS PROTOCOLS. IN DECIDING WHETHER TO I •"''''Pl> ,~, '~L, ICE WILL TAKE INTO CONSIDERATION WHETHER THE DETAINEE IS REPRESENTED BEFORE THE IMMIGRATION COURT. IN SUCH CASES, THE FIELD OFFICE DIRECTOR WILL CONSIDER THE DETAINEE'S STAGE WITHIN THE REMOVALPROCESS, WHETHER THEDETAINEE'S ATTORNEY IS LOCATED WITHIN REASONABLE DRIVING DISTANCE OFTHE FACILITY, AND WHERE THE IMMIGRAnON COURT PROCEEDINGS ARE TAKING PLACE. D~~ADUO YES No NA When a detainee is represented by legal counselor a legal representative, and a 0-28 has been filed, the representative of record is notified by the detainee's Deportation Officer. • • facility. The The notification is recorded in the detainee's file; and When the A File is not available, notification is noted within DACS includes the reason for the transfer and the location of the new officer is ,when discretion I [gJ D D [gJ D D rx1 n n : the timing of the ere The detainee is infonned the day nfthe . "nrl I the ,fonn. ! I The attorney and detainee are notified that it is their responsibility to notifY farnily members a transfer. Facility policy mandates that • Times and transfer plans are never discussed with the detainee prior to transfer; The detainee is not notified of the transfer until immediately prior • to departing the facility; and • The detainee is not pennitted to make any phone calls or have ~ contact with any detainee in the general . detainee is provided with a completed Detainee Transfer Notification Form G-391 or equivalent authorizing the removal of a detainee from a facility is used. For medical transfers: • The Detainee Immigration Health Service (or IOSA) (DIHS) Medical Director or designee approves the transfer; • Medical transfers are coordinated through the local ICE office; and • A medical transfer summary is completed and accompanies the detainee. Detainees in ICE facilities having DIHS staff and medical care are transferred with a completed transfer summary sheet in a sealed envelope with the detainee's name and A-number, and the envelope is marked Medical Confidential. For medical transfers, transporting officers receive instructions regarding medical issues. Detainee's funds, valuables, and property are returned and transferred with the detainee to his/her new location. Transfer and documentary procedures outlined in Section C and D are followed. Meals are provided when transfers occur during nonnally schedule meal times. An A File or work folder accompanies the detainee when transferred to a ~ ""offioooo _ _ are forwarded to the receiving office via overnight mail no later than one business day fullowing the transfer. [gJ D D [gJ D D [gJ D D [gJ D D [gJ D D [gJ D D [gJ D D [gJ D D [gJ D D [gJ D D [gJ D D [gJ D D A sack lunch with sandwich, drink and fruit are FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 74 of75 r----------------------------------------- DETAINEE TRANSFER STANDARD POLICY: ICE WILL MAKE ALL NECESSARY NOTIFICATIONS WHEN ADETA1NEE IS TRANSFERRED. IF A DETA1NEEIS BEING TRANSFERRED VIA TIlE ;nee PRISONER ALIEN TRANSPORTATION SYSTEM (JPATS), ICE WILL ADHERE TO JPATS PROTOCOLS. IN DECIDING WHETHER TO A . IrF WIT J _TAKE INTO CONSIDERATION WHETHER THE DETAINEE IS REPRESENTED BEFORETIlE IMMIGRATION COURT. IN SUCH CASES, THE FIELD OFFICE DIRECTOR WILL CONSIDER THE DETAINEE'S STAGE WITHIN THE REMOVALPROCESS, WHETIlER TIlEDETA1NEE'S ATTORNEY IS WCATED WITHIN REASONABLE DRIVING DISTANCE OF THE FACILITY, AND WHERE THE IMMIGRATION COURT PROCEEDINGS ARE TAKING PLACE. I ~ ACCEPTABLE D DEFICIENT D YES I AT-RISK No I NA I D REPEAT FINDING REMARKS: b6,b7c 110-15-09 AUDITOR'S SIGNATURE 1 b6,b7c b6,b7c • • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 75 of75 OjJii.;V b6,b7c b6,b7c West SUBJECT: ,,-,,""''''U'.J.uu. FadHty rUllUIM""- Review UCltentmn Facility conducted 13-15,2009, in has been assigned. No Sierra Blanc~ A fInal rating action is required and this review is closed. The rating was based on Lead Compliance Inspector (LCI) Summary Memorandum and Field Director now initiate the following actions supporting documentation, in accordance Detention Management Control (DMCP): 1) the facility = = five business days IJ~ of this memorandum. Notit1catit)tl include Facility Review Form. G-324A Worksheet, copies ofthc Ponn G~324A, LCIMemorandum. and a of this memorand:mn. """,,>,en,,,, Operations, shall l. ...."'.".. wiU 2) SctlcamCtJ on or before UC1tO!Jler 13 matter, contact AS:~lstant ilnCCU)f JJ·"'~""U."''''''.! Management·.DivIsion b6,b7c b6,b7c cc: b6,b7c : 2-5514: 10/26/2009 b2High HEADQUARTERS EXECUTIVE REVIEW will have 30 dnys The signature below constitutes review of this report receipt of this to to an and b6,b7c b6,b7c Title Comments: The Review AuthQrity concurs with the recommended rating of "Good". No further action is required and this review is closed, FortuG-324A FOR OFFICIAL ONLY (LAW