U.S. Department of Homeland Security
Immigration and Customs Enforcement
Office of Professional Responsibility
Inspections and Detention Oversight
Washington, DC 20536-5501

Office of Detention Oversight
Compliance Inspection
Enforcement and Removal Operations
San Francisco
Yuba County Jail
Marysville, California

August 5–7, 2014

COMPLIANCE INSPECTION
YUBA COUNTY JAIL
SAN FRANCSICO FIELD OFFICE
TABLE OF CONTENTS
INSPECTION PROCESS
Report Organization .............................................................................................................1
Inspection Team Members ...................................................................................................1
EXECUTIVE SUMMARY ...........................................................................................................2
OPERATIONAL ENVIRONMENT
Detainee Relations ...............................................................................................................8
ICE 2000 NATIONAL DETENTION STANDARDS
Detention Standards Reviewed ............................................................................................9
Access to Legal Materials ..................................................................................................10
Admissions and Release ....................................................................................................11
Detainee Handbook ............................................................................................................12
Sexual Abuse and Assault Prevention and Intervention ....................................................13
Special Management Unit-Administrative Segregation ....................................................17
Staff-Detainee Communication .........................................................................................19
Use of Force .......................................................................................................................21

INSPECTION PROCESS
The U.S. Immigration and Customs Enforcement (ICE), Office of Professional
Responsibility (OPR), Office of Detention Oversight (ODO) conducts broad-based compliance
inspections to determine a detention facility’s overall compliance with the applicable ICE
National Detention Standards (NDS) or Performance-Based National Detention
Standards (PBNDS), and ICE policies. ODO bases its compliance inspections around specific
detention standards, also referred to as core standards, which directly affect detainee health,
safety, and well-being. Inspections may also be based on allegations or issues of high priority or
interest to ICE executive management.
Prior to an inspection, ODO reviews information from various sources, including the Joint Intake
Center (JIC), Enforcement and Removal Operations (ERO), detention facility management, and
other program offices within the U.S. Department of Homeland Security (DHS). Immediately
following an inspection, ODO hosts a closeout briefing at which all identified deficiencies are
discussed in person with both facility and ERO field office management. Within days, ODO
provides ERO a preliminary findings report, and later, a final report, to assist in developing
corrective actions to resolve identified deficiencies.

REPORT ORGANIZATION
ODO’s compliance inspection reports provide executive ICE and ERO leadership with an
independent assessment of the overall state of ICE detention facilities. They assist leadership in
ensuring and enhancing the safety, health, and well-being of detainees and allow ICE to make
decisions on the most appropriate actions for individual detention facilities nationwide.
ODO defines a deficiency as a violation of written policy that can be specifically linked to ICE
detention standards, ICE policies, or operational procedures. Deficiencies in this report are
highlighted in bold and coded using unique identifiers. Recommendations for corrective actions
are made where appropriate. The report also highlights ICE’s priority components, when
applicable. Priority components have been identified for the 2008 and 2011 PBNDS; priority
components have not yet been identified for the NDS. Priority components, which replaced the
system of mandatory components, are designed to better reflect detention standards that ICE
considers of critical importance. These components have been selected from across a range of
detention standards based on their importance to factors such as health and safety, facility
security, detainee rights, and quality of life in detention. Deficient priority components will be
footnoted, when applicable. Comments and questions regarding this report should be forwarded
to the Deputy Division Director, OPR ODO.

INSPECTION TEAM MEMBERS

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

Inspections & Compliance Specialist (Team Lead)
Inspections & Compliance Specialist
Management & Program Analyst
Contractor
Contractor
Contractor

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ODO
ODO
ODO
Creative Corrections
Creative Corrections
Creative Corrections
Yuba County Jail
ERO San Francisco

EXECUTIVE SUMMARY
ODO conducted a compliance inspection of the Yuba County Jail (YCJ) in Marysville,
California, from August 5 to 7, 2014. YCJ, which opened in 1962, is owned by Yuba County
and operated by the Yuba County Sheriff’s Department. ERO began housing detainees at YCJ in
2008 under an intergovernmental service agreement. Male and female detainees of all security
classification levels (Levels I through III) are detained at the facility for periods in excess of 72
hours. The inspection evaluated YCJ’s compliance with the 2000 NDS and the 2011 PBNDS
Sexual Abuse and Assault Prevention
Capacity and Population Statistics
Quantity
and Intervention (SAAPI) standard. 1
The ERO Field Office
Director (FOD), in San Francisco,
California, is responsible for ensuring
facility compliance with the 2000
NDS and ICE policies. There are no
ICE detention officers stationed
onsite at YCJ, but there is an ERO
Detention Service Manager (DSM)
located at the facility.

Total Bed Capacity

433

ICE Detainee Bed Capacity

220

Average Daily Population

414

Average ICE Detainee Population

197

Average Length of Stay (Days)

105

Male Detainee Population (as of 08/5/14)

179

Female Detainee Population (as of 08/5/14)

18

A Jail Administrator is responsible for oversight of daily facility operations and is supported by
(b)(7)epersonnel. Yuba County provides food and medical services at YCJ. The facility is
accredited by the California Board of Corrections.
In April 2012, ODO conducted an inspection of YCJ under the 2000 NDS. ODO reviewed 18
standards and found YCJ compliant with 12 standards. ODO found a total of ten deficiencies in
the remaining six standards.
During this inspection ODO reviewed 15 NDS and one PBNDS and found YCJ compliant with
nine standards. ODO found a total of 14 deficiencies, three of which relate to priority
components, 2 in the remaining seven standards: Access to Legal Materials (1 deficiency),
Admission and Release (1), Detainee Handbook (1), Sexual Abuse and Assault Prevention and
Intervention (5), Special Management Unit-Administrative Segregation (2), Staff-Detainee
Communication (3) and Use of Force (1). ODO made one recommendation 3 regarding facility
policy and procedures (deficiencies) and cited one best practice. 4
This report details all deficiencies and refers to the specific, relevant sections of the 2000 NDS.
ERO will be provided a copy of this report to assist in developing corrective actions to resolve
all identified deficiencies. ODO discussed preliminary findings with YCJ and ICE personnel
during the inspection and at a closeout briefing conducted on August 7, 2014.
1

The facility signed a contract modification to incorporate the 2011 SAAPI standard on December 31, 2012.
Deficient priority components were found in the following standard: Sexual Abuse and Assault Prevention and
Intervention.
3
Recommendations will be annotated in the report as “R.”
4
Best practices are annotated in this report as “BP.”
2

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Upon admission into YCJ, detainees undergo a security and medical screening, and are issued
personal hygiene items, clothing and bedding. Strip searches are only conducted when facility
staff establishes reasonable suspicion to do so. YCJ classifies detainees as minimum, medium or
maximum before assigning them to a housing unit. Classification levels are determined by the
facility using criminal history information provided by ICE. Although detainees receive a
facility handbook informing them about facility operations, programs and services, they do not
receive a video orientation reiterating the same topics.
YCJ has a dedicated library for both inmates and detainees to use. The room is well-lit, has
sufficient furnishings, and is equipped with adequate equipment and supplies to support legal
research and case preparation. The facility has two laptop computers for detainee use, one for
male detainees and the other for female detainees. The facility handbook informs detainees the
law library is available for use, and describes the procedure for requesting access to the law
library, but does not include the following: scheduled hours of access, the procedure for
requesting additional library time, and the procedure for notifying a designated employee that
library material is missing or damaged.
The facility handbook is offered in both English and Spanish and provides a thorough overview
of the programs and services provided by YCJ. However, in the event that revisions or updates
are made to the handbook, the facility does not have established procedures to communicate
those changes to security staff or detainees.
Upon coming into ICE custody, detainee personal property is inventoried, receipted and stored
by ICE at an offsite ICE location. Any U.S. currency that accompanies a detainee is directly
deposited into an electronic kiosk system, which creates a commissary account for the detainee.
Detailed information on the grievance process and appeal procedures is included in the facility
handbook. Procedures are in place for handling emergency grievances by bringing them to the
immediate attention of the Jail Administrator, who then initiates review and appropriate action.
Medical grievances are directed to the Health Services Administrator (HSA) for review and
response. ODO’s reviewed of the grievance log found 170 formal grievances were processed
during the 12 months preceding the inspection. There were 53 grievances concerning medical
issues; 21 concerning classification, 15 related to telephones, and 63 regarding a variety of issues
including mail, recreation, law library, and visitation. The remaining 18 grievances were
complaints about staff; however, a review of these grievances and the resulting investigations
found none constituted staff misconduct. The Supervisory Detention and Deportation Officer
(SDDO) confirmed any staff misconduct grievance would be directed to him for follow up. In
addition to reviewing the 18 complaints about staff, ODO sampled 32 additional grievances and
confirmed all were responded to within required timeframes.
The food service operation is staffed by Yuba County employees, including a food service
manager and (b)(7)e cook foremen. There are no detainees and(b)(7)ecounty inmate workers assigned
to the food service department. ODO verified all food service staff and inmate workers received
pre-employment medical clearance. ODO observed all staff and inmate workers wore clean
uniforms, hair nets, beard guards for facial hair, and gloves while handling food. A review of the
menu confirmed it is based on a 35-day cycle and certified annually by a registered dietician.

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ODO verified medical and religious diets are provided as approved. During the inspection, there
were 30 detainees receiving medical diets and 11 receiving religious diets.
Throughout the course of the inspection, ODO observed the sanitation of the facility was very
good, including in the housing units and shower areas. ODO confirmed a master index of
hazardous substances is maintained and includes material safety data sheets and documentation
of semi-annual review for accuracy. Documentation reflects fire drills are conducted monthly in
each area of the facility. The fire drill reports documented emergency keys are checked out and
tested during each drill. ODO’s inspection found required weekly and monthly fire and safety
inspections were conducted throughout the facility and were well documented. Exit diagrams
are posted throughout the facility. The facility was last inspected by the state fire marshal on
July 13, 2012.
Independent contractors and medical professionals employed by the Yuba County Sherriff’s
Department provide healthcare. The clinical medical authority is the clinical director, a contract
physician who is present at the facility Monday through Friday from 6:00 a.m. to at least 8:30
a.m. The clinical director also provides on call services 24 hours a day, seven days a week. The
HSA is not a medical professional, but served as an administrator with the local health
department prior to being hired by the sheriff to serve as the HSA for YCJ. Nursing staff
consists of (b)(7)efull-time registered nurse (RN) and (b)(7)e full-time licensed practical nurses
(LPN). In addition, there are (b)(7)eull-time certified medical assistants. Mental health services
are provided by licensed mental health counselors who share responsibility for onsite coverage
eight hours daily, seven days a week. A contract psychiatrist is at the facility twice weekly for a
total of ten hours, and is on call 24 hours a day, seven days a week. Dental services are provided
by a contract dentist onsite two days a week. All professional licenses were present and primary
source verified with the issuing agency for authentication purposes.
The clinic is compact with an administrative section, one examination/treatment room, a
pharmacy work room, and one-chair dental suite. A telephonic language translation service is
available in the clinic, and access numbers and codes are posted. YCJ has two negative air flow
cells for tuberculosis (TB) isolation. Detainees who require a higher level of medical care are
sent to the Rideout Hospital located in Marysville, approximately four miles away. Detainees
are screened by medical assistants upon arrival. All 29 records reviewed documented full
compliance with intake and TB screening requirements, and all included general consent for
treatment. Initial health appraisals are performed by the clinical director. Detainees access
health care services by completing sick call request forms printed in English and Spanish. Per
the HSA and local policy, sick call requests are obtained from nursing staff during medication
distribution. ODO verified the requests are dated and triaged for clinical priority within 24
hours. Nursing staff conduct sick call on a daily basis using physician-approved clinical
protocols. The HSA informed ODO there have been no detainee suicides attempts or suicide
watch placements during the 12 months preceding the inspection. Facility policy requires
notification of ERO for all detainee suicide watches, suicide attempts, and suicides, and states
only a mental health professional is authorized to discontinue a suicide watch with clinical
director approval. There are two rooms in the intake area designated for suicide watch. ODO’s
inspection confirmed these rooms are suicide-resistant and free of objects which could facilitate
a suicide attempt. A review of training files for all medical and(b)(7)erandomly selected
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correctional staff confirmed completion of initial and annual training. ODO confirmed the
lesson plan covers all elements required by the NDS.
ODO reviewed the facility’s written policies and procedures on sexual abuse and assault
prevention and intervention and found it does not contain the following: a procedure for required
reporting to the highest facility official or the Field Office Director; specific language regarding
how a confirmed or alleged victim’s future safety shall be addressed; language designating
specific staff to be responsible for detainee education regarding issues pertaining to sexual
assault; and, instructions on how to contact DHS/OIG or ICE/OPR to confidentially report sexual
abuse or assault. ODO’s review of the facility handbook found that while it provides general
information on filing sexual misconduct complaints, the handbook does not contain the
following required orientation information: prevention and intervention strategies; definitions of
detainee-on-detainee sexual abuse, staff-on-detainee sexual abuse and coercive sexual activity;
information about self-protection and indicators of sexual abuse; and, prohibition against
retaliation, including an explanation that reporting an assault shall not negatively impact the
detainee’s immigration proceedings. Further, the facility does not maintain documentation that
detainees receive notification, orientation and instruction on the facility’s SAAPI program. This
represents a deficient priority component. There were two allegations filed in the 12 months
preceding the inspection. ODO reviewed the files and found that for one of the cases, other
detainees reported that two detainees were engaging in a consensual sexual act. The facility did
not coordinate for an investigation of the incident. This represents a deficient priority
component. One of the detainees that was a participant in the incident was held in segregation
for longer than five days. In the second incident, a medical exam was not given to one of the
detainees in the alleged assault. This represents a deficient priority component.
YCJ operates a 40 bed Special Management Unit (SMU) for male detainees. Female detainees
are segregated in a housing unit supporting six cells. The units have a separate shower and
dayroom area. ODO’s inspection found the units well ventilated, adequately lit, and maintained
in a sanitary condition. There were six detainees in administrative segregation during the
inspection. ODO’s review of logs confirmed all services and privileges were provided as
required by the standard. ODO verified administrative segregation orders were completed and
approved by a supervisor prior to placement of five of the six detainees in administrative
segregation. However, there was no order for the sixth detainee, who was returned to
administrative segregation after nine days in general population.
A review of documentation of segregation status reviews found YCJ does not follow its own
policy or the standard. The standard requires that all facilities have written procedures for the
regular review of administrative segregation cases. The YCJ policy requires a status review by
classification staff every ten days. It does not require a status review within 72 hours of a
detainee’s placement on administrative segregation and weekly review for the first month as
specified in the standard. Status reviews of five of the six detainees in segregation at the time of
the review were not conducted within 72 hours of placement, and were not conducted every
seven days for the first month. Furthermore, although the facility policy requires review of
administrative segregation status every ten days, ODO found as many as 19 days elapsed
between assignment and first review, and as many as 12 days elapsed after the initial review
during the first 30 days on administrative segregation.
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Written procedures are in place to temporarily segregate detainees for disciplinary reasons.
Segregation orders, status reviews, basic living conditions, and privileges and services required
by the standard are addressed in the facility’s disciplinary segregation policy. Per the YCJ
disciplinary policy, the maximum disciplinary segregation term is 30 days. There were no
detainees on disciplinary segregation status during the inspection. Information on prior
disciplinary segregation assignments was not available, and ODO’s review of ten randomly
selected disciplinary actions on detainees for the year preceding the inspection found none
resulted in disciplinary segregation sanctions.
ERO staff conducts weekly scheduled and unscheduled visits at YCJ. A written schedule posted
in housing units informs detainees when deportation officers will be onsite. ODO reviewed
detention files and found that copies of completed ICE request forms were not present in any of
the files. Facility policy lists written procedures specifying how detainees can route requests to
ERO officials. However, the facility does not have specific procedures covering detainees with
special requirements that may need assistance preparing a request form. Likewise, the facility
handbook does not include instruction for detainees that need assistance in preparing an ICE
request form.
Detainees receive a facility handbook upon admittance to YCJ which contains telephone access
rules. Receipt of the handbook is documented in each detainee’s booking record. Additionally,
each housing unit contains a booklet describing in English, Spanish, and Chinese how detainees
may access and use the telephones. Facility staff regularly inspects telephones and repairs outof-order telephones in a timely manner. ERO staff checks all telephones weekly. Detainees may
purchase a calling card through the facility’s commissary or make collect calls for personal calls.
All telephone calls made from housing units are automatically recorded. Detainees may obtain
an unmonitored call to an attorney or legal representative by submitting a request. Unmonitored
legal calls are made in a private office within the facility.
ODO was informed there were no calculated and four immediate use of force incidents involving
detainees in the 12 months preceding the inspection. The use of force documentation reflected
post-incident medical examinations were conducted on all four detainees; however, in one case,
the examination was completed three hours after the incident and in another case, the
examination was completed five hours after the incident. Notification of the SDDO was
documented in all four cases and after-action reviews were completed by a team comprised of a
lieutenant, sergeant and deputy. ODO was informed after-action reviews are conducted on a
scheduled basis once a month. It is noted this system allows a significant period of time to
elapse between use of force incidents and the after-action review thereof.

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Yuba County Jail
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OPERATIONAL ENVIRONMENT
DETAINEE RELATIONS
ODO interviewed 25 randomly-selected detainees (15 males and ten females) to assess
conditions of confinement at YCJ. Interview participation was voluntary and none of the
detainees alleged any abuse, discrimination or mistreatment. The majority of detainees reported
being satisfied with facility services, including the issuance and replenishment of the hygiene
items, quality of food service, telephone access, and communication with ERO.
Detainee Handbook: Three detainees stated that they did not receive the facility handbook upon
admission into YCJ; however, ODO reviewed detention files and confirmed that detainees sign
for the books as part of the intake process. Copies of the facility handbook are located in the law
library and within housing units.
Medical Care: Five detainees stated that medical service was inadequate. One complained that
medical requests were not responded to in a timely manner and four complained that the quality
of medical care was inadequate. ODO’s medical expert examined the five cases and determined
that the facility provided timely treatment to the medical conditions and that the level of care met
or exceeded the standard in each of the five cases.

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ICE 2000 NATIONAL DETENTION STANDARDS
ODO reviewed a total of 15NDS and one PBNDS and found YCJ fully compliant with the
following nine standards:
1.
2.
3.
4.
5.
6.
7.
8.
9.

Detainee Classification System
Detainee Grievance Procedures
Environmental Health and Safety
Food Service
Funds and Personal Property
Medical Care
Special Management Unit-Disciplinary Segregation
Suicide Prevention and Intervention
Telephone Access

As the standards above were compliant at the time of the inspection, a synopsis for these
standards is not included in this report.
ODO found 14 deficiencies in the following seven standards.
1.
2.
3.
4.
5.
6.
7.

Access to Legal Materials
Admission and Release
Detainee Handbook
Sexual Abuse and Assault Prevention and Intervention (2011 PBNDS)
Special Management Unit-Administrative Segregation
Staff-Detainee Communication
Use of Force

Findings for these standards are presented in the remainder of this report.

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ACCESS TO LEGAL MATERIAL (ALM)
ODO reviewed the Access to Legal Material standard at YCJ to determine if detainees have
access to a law library, legal materials, and supplies and equipment to facilitate the preparation
of legal documents, in accordance with the ICE 2000 NDS.
YCJ has a dedicated library for both inmates and detainees to use. The room is well-lit, has
sufficient furnishings, and has adequate equipment and supplies to support legal research and
case preparation. The facility has two laptop computers for detainee use, one for male detainees
and the other for female detainees. The laptops are available to detainees when they are in the
library. During the inspection, both laptops contained a current version of LexisNexis and wordprocessing software. Detainees have access to paper, writing utensils, and envelopes. Legal
documents may be printed and copies are made with the assistance of a staff member.
Detainees may request use of the library by submitting a completed detainee request form.
Detainees are permitted to use the library a minimum of five hours per week, and are regularly
afforded significantly more time when needed. The library is open 24 hours/day, seven
days/week.
Illiterate and limited English proficient detainees may receive assistance with their legal
paperwork from other detainees with appropriate language, reading and writing abilities, as
needed. Indigent detainees are provided with free envelopes, stamps, notary services and
certified mail services for legal matters.
The facility handbook informs detainees the law library is available for use, and describes the
procedure for requesting access to the law library, but does not include the following: scheduled
hours of access, the procedure for requesting additional library time, and the procedure for
notifying a designated employee that library material is missing or damaged
(Deficiency ALM-1).

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY ALM-1
In accordance with the ICE 2000 NDS, Access to Legal Material, section (III)(Q)(2)(4)(6), the
FOD must ensure, “the detainee handbook or equivalent, shall provide detainees with the rules
and procedures governing access to legal materials, including the following information:
2.
4.
6.

the scheduled hours of access to the law library;
the procedure for requesting additional time in the law library (beyond the 5 hours per
week minimum);
the procedure for notifying a designated employee that library material is missing or
damaged.”

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ADMISSION AND RELEASE (AR)
ODO reviewed the Admission and Release standard at YCJ to determine if procedures are in
place to protect the health, safety, security and welfare of each person during the admission and
release process, in accordance with the ICE NDS. ODO reviewed policies, procedures and
detention files, observed the admission process, and interviewed staff and detainees.
Upon arrival at YCJ, detainees undergo screening interviews, complete questionnaires, receive
and sign a property receipt for facility-issued personal hygiene items, clothing, towels, and
bedding. Pat down searches are conducted on all detainees; strip searches are not performed
unless reasonable suspicion is established in accordance with facility policy and ICE’s strip
search policy.
Detainees are issued a handbook informing them about facility operations, programs, and
services. ICE handbooks and facility handbooks are issued to all detainees. While observing the
admission process, ODO found the facility continuously runs the orientation video to detainees
awaiting completion of being processed. However, the video did not inform the detainees about
the facility operations, programs and services (Deficiency AR-1).
ODO randomly selected and reviewed 15 active detention files and found all contained
paperwork generated during the admission process. Some of the forms include: an Order to
Detain of Release, Form I-203a, Classification Assessment Form, Address Property
Authorization sheet, Handbook Signature sheet, Property Control form, Booking Form, ICE
EARM, and Request forms. ODO randomly selected and reviewed 15 inactive detention files
and found all contained the necessary paperwork required for releasing a detainee from the
facility.

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY AR-1
In accordance with the ICE NDS, Admission and Release, section (III) (A) (1), The FOD must
ensure “The orientation process supported by a video (INS) and handbook shall inform new
arrivals about facility operations, programs, and services. Subjects covered will include
prohibited activities and unacceptable and the associated sanctions.”

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Yuba County Jail
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DETAINEE HANDBOOK (DH)
ODO reviewed the Detainee Handbook standard at YCJ to determine if the facility provides each
detainee with a handbook, written in English and any other languages spoken by a significant
number of detainees housed at the facility, describing the facility’s rules and sanctions,
disciplinary system, mail and visiting procedures, grievance system, services, programs, and
medical care, in accordance with the ICE 2000 NDS. ODO reviewed the facility handbook,
detention files, and interviewed staff and detainees.
Detainees are issued the facility handbook at the time of admission into YCJ. The handbook is
available in both English and Spanish. Detainees sign an acknowledgement form stating that
they received the facility’s handbook. ODO reviewed 15 randomly-selected detention files to
ensure that detainees receive the handbook. Acknowledgment forms were also present in
detention files indicating that detainees received the ICE National Detainee Handbook as well.
ODO reviewed the facility handbook and found that the handbook covers the following areas as
required by the standard: 1) overview of programs and services, 2) detainee rights and
responsibilities, 3) disciplinary procedures and sanctions, 4) contraband, 5) grievance and
appeals procedures, and 5) prohibited acts and behaviors. Aside from the above noted
inclusions, the handbook also includes sections that inform detainees about facility’s zero
tolerance sexual assault policy, library privileges, commissary and religious services, mail and
telephone usage, and recreation and visitation rules.
The facility makes revisions and updates to the detainee handbook as the need arises. However,
TCJ does not have established procedures for immediately communicating revisions to staff and
detainees (Deficiency DH-1). Corrective action was initiated by the facility during the
inspection. YCJ’s policy for “Maintenance of Policy Manual”, “Order #A-200” was revised to
establish procedures for communicating revisions of the facility handbook to staff and detainees.

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY DH-1
In accordance with the ICE 2000 NDS, Detainee Handbook section (III)(H), the FOD must
ensure that, “The handbook will not be immediately reprinted to incorporate every revision. The
OIC will instead establish procedures for immediately communicating such revisions to staff and
detainees: posting copies of the changes on bulletin boards in housing units and other prominent
areas; informing new arrivals during orientation process; distributing a memorandum to staff,
and so forth.”

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Yuba County Jail
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SEXUAL ABUSE AND ASSAULT PREVENTION AND INTERVENTION
(SAAPI)
ODO reviewed the Sexual Abuse and Assault Prevention and Intervention standard at YCJ to
determine if facilities act to prevent sexual abuse and assaults on detainees, provide prompt and
effective intervention and treatment for victims of sexual abuse and assault, and control,
discipline, and prosecute the perpetrators, in accordance with the ICE 2011 PBNDS. ODO
reviewed policies, the facility handbook, and staff training records, and interviewed staff and
detainees.
The facility signed a contract modification to incorporate the 2011 PBNDS Sexual Abuse and
Assault Prevention and Intervention on December 31, 2012. YCJ has a policy addressing inmate
sexual abuse prevention and intervention which includes the facility’s zero tolerance policy
toward the sexual abuse and sexual harassment of detainees. While the policy addresses many
areas required under the SAAPI standard, it does not contain the following: a procedure for
required reporting to the highest facility official or the Field Office Director; specific language
regarding how a confirmed or alleged victim’s future safety shall be addressed; language
designating specific staff to be responsible for detainee education regarding issues pertaining to
sexual assault; and, instructions on how to contact DHS/OIG or ICE/OPR to confidentially report
sexual abuse or assault (Deficiency SAAPI-1). During the onsite inspection, facility staff
readily agreed to incorporate all missing sections into future iterations of the policy.
All facility staff, including volunteers and contractors, receive training in sexual assault and
abuse prevention and intervention, including procedures for reporting incidents and allegations.
Review of staff training records demonstrates all staff are current on the training, and the most
recently received Prison Rape Elimination Act (PREA) training was in October 2013.
During a tour of the facility, ODO observed both ICE SAAPI and DHS Office of Inspector
General (OIG) hotline postings in all detainee housing areas and the intake area. ODO reviewed
the facility’s orientation video, and observed that the video does not contain any information
concerning sexual assault and abuse prevention and intervention. The only orientation
information detainees receive regarding sexual assault and abuse prevention and intervention is
contained in the facility handbook. ODO’s review of the facility handbook found that while it
provides general information on filing sexual misconduct complaints, the handbook does not
contain the following required orientation information: prevention and intervention strategies;
definitions of detainee-on-detainee sexual abuse, staff-on-detainee sexual abuse and coercive
sexual activity; information about self-protection and indicators of sexual abuse; and, prohibition
against retaliation, including an explanation that reporting and assault shall not negatively impact
the detainee’s immigration proceedings. Further, the facility does not maintain documentation
that detainees receive notification, orientation and instruction on the facility’s SAAPI program
(Deficiency SAAPI-2). 5 During the onsite inspection, facility management readily agreed to
enhance YCJ’s orientation program to incorporate instruction on sexual assault and abuse
prevention and intervention.

5

Priority Component

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While onsite, ODO reviewed both of the ICE detainee sexual assault allegations filed during the
12 months preceding the inspection. The first, from December 11, 2013, concerned two female
detainees in P tank who were alleged by other detainees to be engaging in consensual sexual
contact. The allegation was made to a deputy on December 11, 2013, at 7:15 p.m. The deputy
created an “information only” incident report at 10:23 p.m. that same night. The deputy
recommended the incident report be forwarded to the day shift classification supervisor, and that
the detainees be monitored until they could be moved. There is no documentation that the
allegations were reported to ICE/ERO and this is noted as a concern. The YCJ policy on sexual
abuse prevention and intervention also requires that any allegation to staff of sexual assault or
attempted sexual assault be reported immediately to a supervisor and ERO. As noted, this did
not occur.
According to housing records, on December 12, 2013, one of the detainees was placed in
administrative segregation on S-Unit and the other was moved to Q unit. Neither was
interviewed or informed of the reason for their moves and neither was allowed the opportunity to
refute the allegations. In fact, at the time of the allegation, no investigation of the reported
incidents was conducted (Deficiency SAAPI-3). 6 Without an investigation, YCJ would have no
information to determine if these acts actually happened or, if they did take place, whether they
were consensual. It was possible that one of the detainees was being coerced to participate in
sexual activity. As noted in section H of the SAAPI standard, “Care must be taken not to punish
a confirmed or alleged sexual assault victim. Victimized detainees should not be subject to
disciplinary action either for reporting sexual abuse or for participating in sexual activity as a
result of force, coercion, threats, or fear of force.” Absent an investigation, there was no
information to confirm that these incidents were indeed consensual.
A follow-up report was added on December 13, 2013, at 10:36 p.m. noting that the detainee who
was moved to Q unit was allowed to return to P-tank, again on the word of the other
inmates/detainees housed in P-tank but without any formal investigation. On December 20,
2013, a second “supplement” was added to the incident report by an unnamed officer. The
officer stated that, upon review of the grievances filed, the detainees were moved into
administrative segregation without being interviewed about the December 11, 2013 allegations.
On December 20, 2013, eight days after being placed on S Unit in administrative segregation
status, the detainee was released from administrative segregation and moved to R Unit
(Deficiency SAAPI-4).
According to the Joint Intake Case Management System (JICMS), this incident was reported to
the Joint Intake Center (JIC) on December 31, 2013, but the facility did not keep a record of
when a facility supervisor or ERO was notified. ODO notes that consensual sexual contact
between detainees does not require reporting to the JIC. On January 9, 2013, the detainee
housed on R Unit was returned to P-tank where the other detainee remained housed.
On January 19, 2014 both detainees were again removed from P-tank based on, “multiple reports
of sexual activity, bullying and attempting to control the tank.” This time, the detainee who had
previously been placed in administrative segregation was moved to Q unit and the detainee who
had previously been placed on Q unit was moved to administrative confinement status in S Unit.
6

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These movements were documented in an incident report and approved by a supervisor on the
same date.
The second allegation of sexual assault reviewed by ODO concerned a detainee who reported on
May 14, 2014, via an inmate request form, that another detainee in his housing unit sexually
harassed him for more than one month, and on May 14, 2014, the aggressor slapped his bottom
and fondled his genitals. The victim reported this incident to an officer who immediately
notified his supervisor and the supervisor directed the aggressor be moved to a different housing
unit. An investigation was conducted on May 16, 2014 including an interview with the victim.
Other detainees in the housing unit were interviewed and five of them provided statements which
corroborated the victim’s complaints. On May 19, 2014 at 4:42 p.m. records show the victim
was referred to mental health, “to evaluate as victim of sexual harassment”
According to JICMS, this incident was reported to the JIC on May 20, 2014, but the facility did
not keep a record of when ERO was notified and this is noted as a concern. This incident is still
an open case in JICMS. The incident statement concerning this incident does not reflect that
local law enforcement was notified or conducted an investigation, and documents the victim
stated he was not sure whether he wanted to press charges because an immigration judge had
recently ordered his deportation.
On May 21, 2014, the alleged perpetrator was released from YCJ and relocated to Rio Cosumnes
Correctional Center in Elk Grove, California. On the same date, seven days after reporting the
sexual assault to staff, the victim was seen by a mental health worker who noted he reported he
was, “OK” and did not want to talk to a counselor. A review of the victim’s medical record does
not reflect any medical exam relating to the May 14, 2014 incident (Deficiency SAAPI – 5). 7

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY SAAPI-1
In accordance with the ICE 2011 PBNDS, Sexual Abuse and Assault Prevention and
Intervention, section (V)(A), the FOD must ensure that each facility administrator shall have
written policy and procedures for a Sexual Abuse and Assault Prevention and Intervention
Program that includes, at a minimum: a procedure for required reporting to the highest facility
official or the Field Office Director; specific language regarding how a confirmed or alleged
victim’s future safety shall be addressed; language designating specific staff to be responsible for
detainee education regarding issues pertaining to sexual assault; and, instructions on how to
contact DHS/OIG or ICE/OPR to confidentially report sexual abuse or assault.
DEFICIENCY SAAPI-2
In accordance with the ICE 2011 PBNDS, Sexual Abuse and Assault Prevention and
Intervention, section (V)(F), the FOD must ensure the orientation program contains the following
information: prevention and intervention strategies, definitions of detainee-on-detainee sexual
abuse; staff-on-detainee sexual abuse and coercive sexual activity; information about selfprotection and indicators of sexual abuse; and, prohibition against retaliation, including an
explanation that reporting and assault shall not negatively impact the detainee’s immigration
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proceedings. Further, the facility does not maintain documentation of detainee participation in
the instruction session.
DEFICIENCY SAAPI-3
In accordance with the ICE 2011 PBNDS, Sexual Abuse and Assault Prevention and
Intervention, section (V)(A)(6), the FOD must ensure that facility staff coordinates with OPR for
investigation or referral of incidents of sexual assault to another investigative agency.
DEFICIENCY SAAPI-4
In accordance with the ICE 2011 PBNDS, Sexual Abuse and Assault Prevention and
Intervention, section (V)(H) , the FOD must ensure that victims shall not be held for longer than
five days in any type of administrative segregation, except in highly unusual circumstances or at
the request of the detainee.
DEFICIENCY SAAPI-5
In accordance with the ICE 2011 PBNDS, Sexual Abuse and Assault Prevention and
Intervention, section (V)( H), the FOD must ensure if sexual abuse or assault of any detainee
occurs, the medical and psychological needs of the detainee shall be promptly and effectively
addressed.

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SPECIAL MANAGEMENT UNIT-ADMINISTRATIVE SEGREGATION
(SMU-AS)
ODO reviewed the Special Management Unit-Administrative Segregation standard at YCJ to
determine if the facility has procedures in place to temporarily segregate detainees for
administrative reasons, in accordance with the ICE 2000 NDS. ODO toured the SMU, reviewed
policies, interviewed staff and detainees, and inspected detainee files for required documentation.
YCJ operates a 40 bed SMU for male detainees. Female detainees are segregated in the S
housing unit in a six cell area. All cells are double occupancy, but ODO was informed detainees
assigned to segregation are typically housed alone. The units have a separate shower and
dayroom area. Officers electronically record rounds made at random intervals over the course of
every 60 minute period. YCJ’s system for documenting rounds requires officers to use an
electronic “pipe” device to push sensors located at various locations near the cells. In addition,
officers are required to enter cells at least once a day and document they have done so by
pushing sensors located on the back wall of the cells. This requirement ensures that officers
actually see detainees and conditions within the cells. ODO’s inspection found the units well
ventilated, adequately lit, and maintained in a sanitary condition.
There were six detainees in administrative segregation during the inspection. ODO interviewed
five of the six detainees, the sixth being unavailable. The detainees expressed understanding of
why they were in administrative segregation and each requested to remain segregated. None
voiced any complaints about living conditions, access to recreation, medical care, law library,
showers, or other services and privileges. ODO’s review of logs confirmed all services and
privileges were provided as required by the standard.
ODO verified administrative segregation orders were completed and approved by a supervisor
prior to placement of five of the six detainees in administrative segregation. There was no order
for the sixth detainee, who was returned to administrative segregation after nine days in general
population. Upon her return, a new segregation order was not issued (Deficiency SMU-AS-1).
This detainee was returned to administrative segregation because she repeatedly disrobed in front
of other detainees. The remaining five detainees were segregated for protective custody reasons.
Two of the five were victims in altercations; one dropped out of a gang; one was the subject of
numerous complaints from other detainees concerning her behavior, including staying up all
night; and one stated he requested protective custody so he could be housed alone and more
effectively work on his legal case. ODO verified referrals for mental health evaluations were
completed as appropriate.
A review of documentation of status reviews found YCJ does not follow its own policy or the
standard. The standard requires that all facilities have written procedures for the regular review
of administrative segregation cases, and that the procedures be consistent with those specified for
Service Processing Centers and Contract Detention Facilities. The YCJ policy requires status
reviews by classification staff every ten days. It does not require status review within 72 hours
of a detainee’s placement on administrative segregation and weekly review for the first month as
specified in the standard. Status reviews of five of the six detainees in segregation at the time of
the review were not conducted within 72 hours of placement, and were not conducted every
seven days for the first month. Furthermore, although the facility policy requires review of
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administrative segregation status every ten days, ODO found as many as 19 days elapsed
between assignment and first review, and as many as 12 days elapsed after the initial review
during the first 30 days on administrative segregation (Deficiency SMU AS-2).

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY SMU-AS-1
In accordance with the ICE 2000 NDS, Special Management Unit (Administrative Segregation),
section (III)(B), the FOD must ensure, “A written order shall be completed and approved by a
supervisory officer before a detainee is placed in administrative segregation, except when
exigent circumstances make this impracticable. In such cases, an order shall be prepared as soon
as possible. A copy of the order shall be given to the detainee within 24 hours, unless delivery
would jeopardize the safety, security, or orderly operation of the facility.”
DEFICIENCY SMU-AS-2
In accordance with the ICE 2000 NDS, Special Management Unit (Administrative Segregation),
section (III)(C), the FOD must ensure, “All facilities shall implement written procedures for the
regular review of all administrative- detention cases, consistent with the procedures specified
below.
In SPCs/CDFs, a supervisory officer shall conduct a review within 72 hours of the detainee’s
placement in administrative segregation to determine whether segregation is still warranted. The
review shall include an interview with the detainee. A written record shall be made of the
decision and the justification. The Administrative Segregation Review Form (I-885) will be used
for the review. If the detainee has been segregated for the detainee's protection, but not at the
detainee's request, the signature of the OIC or Assistant OIC is required on the I-885 to
authorize continued detention.
A supervisory officer shall conduct the same type of review after the detainee has spent seven
days in administrative segregation, and every week thereafter for the first month and at least
every 30 days thereafter. The review shall include an interview with the detainee. A written
record shall be made of the decision and the justification.”

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STAFF-DETAINEE COMMUNICATION (SDC)
ODO reviewed the Staff-Detainee Communication standard at YCJ to determine if procedures
are in place to allow formal and informal contact between detainees and key ICE and facility
staff, and if ICE detainees are able to submit written requests to ICE staff and receive responses
in a timely manner, in accordance with the ICE 2000 NDS. ODO interviewed staff and
detainees, visually inspected housing units, and reviewed records.
ICE staff conducts weekly scheduled and unscheduled visits at YCJ. The days and times for
scheduled visits are posted in housing units, along with notices highlighting the Department of
Homeland Security, Office of Inspector General hotline. During visits ICE officials check on the
overall condition of the facility and respond to detainee requests. Visits are documented in the
facility’s electronic logbook. ODO reviewed Facility Liaison Checklists and telephone
serviceability worksheets to verify weekly checks are completed and that records are maintained.
Detainees can submit written ICE request forms to facility staff if they would like to speak with
ICE officials. Request forms are located within housing units, or can be requested from
corrections officers at any time. ICE officials maintain an electronic log to document detainee
requests. The electronic log captures the date of receipt; the detainee’s name and nationality; Anumber; name of the staff member who logged the request; the date the request was returned to
the detainee; other pertinent information; and the date the request was forwarded to ICE. ODO
reviewed the logs and found that while detainee requests are properly addressed and responded
to in a timely manner (within 72 hours) by ERO, copies of completed request forms are not filed
and maintained in the detainee’s detention file (Deficiency SDC-1).
Facility policy lists written procedures specifying how detainees can route requests to ICE
officials. However, the facility does not have established standard operating procedures covering
detainees with special requirements that may need assistance from another detainee, housing unit
officer, or other facility staff member in preparing a request form (Deficiency SDC-2).
Furthermore, the facility handbook does not include instruction for detainees that need assistance
in preparing an ICE request (Deficiency SDC-3).

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY SDC-1
In accordance with the ICE NDS, Staff-Detainee Communication, section (III)(B)(2), the FOD
must ensure that, “All completed Detainee Requests will be filed in the detainee’s detention file
and will remain in the detainee’s detention file for at least three years.”
DEFICIENCY SDC-2
In accordance with the ICE NDS, Staff-Detainee Communication, section (III)(B), the FOD must
ensure that, “The OIC shall ensure that the standard operating procedures cover detainees with
special requirements, including those who are disables, illiterate, or know little or no English.
Each facility will accommodate the special assistance needs of such detainees in making a
request.”

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DEFICIENCY SDC-3
In accordance with the ICE NDS, Staff-Detainee Communication, section (III)(B)(3), the FOD
must ensure the handbook states that, “the detainee has the opportunity to submit written
questions, requests, or concerns to ICE staff and the procedures for doing so, including the
availability of assistance in preparing the request.”

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USE OF FORCE (UOF)
ODO reviewed the Use of Force standard at YCJ to determine if necessary use of force is used
only after all reasonable efforts have been exhausted to gain control of a subject, while protecting
and ensuring the safety of detainees, staff and others, preventing serious property damage, and
ensuring the security and orderly operation of the facility, in accordance with the ICE 2000 NDS.
ODO toured the facility, inspected use of force equipment, interviewed staff, and reviewed
policies and procedures, and staff training records. ODO also reviewed documentation of use of
force incidents involving detainees during the 12 months preceding the inspection.
YCJ has a comprehensive use of force policy addressing all requirements of the NDS, including
confrontation avoidance, using force only as a last resort, and reporting requirements when force
is used. Per the policy, all calculated use of force incidents must be video recorded and the
control officer is responsible for ensuring the operability of the video recording equipment.
YCJ detention officers are trained in the use of force during initial and annual training. A review
of(b)(7)erandomly selected staff training records, including a supervisor, confirmed completion of
the training. The training director stated cell extraction training includes role play scenarios
involving use of verbal de-escalation techniques. The role plays are video recorded and critiqued
with the students. ODO cites this as a best practice (BP-1).
YCJ’s less than lethal force devices and protective gear are secured in the central control room.
Inspection found access to the room is controlled, and all staff who enter must sign into a log
book. The facility has oleoresin capsicum (OC) spray and tasers, though per policy, use of tasers
on detainees is prohibited. ODO notes detainees wear red uniforms to distinguish them from
inmates, allowing easy identification and compliance with this policy. Inventories of use of
force devices were present and current.
ODO was informed there were no calculated and four immediate use of force incidents involving
detainees in the 12 months preceding the inspection. The use of force documentation reflected
post-incident medical examinations were conducted on all four detainees; however, in one case,
the examination was completed three hours after the incident and in another case, the
examination was completed five hours after the incident (Deficiency UOF-1). Prompt
evaluation by medical staff ensures that any injuries are identified, documented, and treated.
Notification of the SDDO was documented in all four cases and after action reviews were
completed by a team comprised of a lieutenant, sergeant and deputy. ODO was informed after
action reviews are conducted on a scheduled basis once a month. It is noted this system allows a
significant period of time to elapse between use of force incidents and the after action review
thereof. For example, one of the immediate use of force incidents occurred on
December 4, 2013, but was not reviewed until January 15, 2014. Completion of after action
reviews as soon as possible following incidents ensures prompt identification of any issues or
concerns related to the use of force, and initiation of any necessary follow up or investigation.
ODO recommends that the facility consider changing its process to expedite completion of after
action reviews (R-1).

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STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY UOF-1
In accordance with the ICE 2000 NDS, Use of Force, section (III)(G), the FOD must ensure, “In
immediate use of force situations, staff shall seek the assistance of mental health or other medical
personnel upon gaining physical control of the detainee.”

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