Detention Standards Implementation Initiative

ABA Commission on Immigration

Facility Name: Bristol County Jail, MA
Date of Tour: August 25th, 2004
Tour Participants: Holland & Knight LLP attorneys

(b)(6)

(b)(6)

ICE Standard

Delegation Observation

Standard 15, Telephone Access

 Section III. E – Even if telephone
service is generally limited to
collect calls, the facility shall permit 
the detainee to make direct calls to
[courts, the BIA, legal service
providers…]
 Section III. K – A detainee’s call to
a court, a legal representative, or for
the purposes of obtaining legal
representation will not be aurally
monitored absent a court order.
Standard 1, Access to Legal Materials

 Section III. M - detainees housed in
Administrative Segregation or
Disciplinary Segregation units shall
have the same law library access as
the general population, unless

compelling security concerns
require limitations
Standard 1, Access to Legal Materials
 Section III. G. - The use of the
library should not cause a detainee
to miss a meal, recreation time, or
any other planned activity; and



The male ward does not have access to free
direct calls, only collect call telephones are
installed (p6, line 26)
All calls, including legal calls are
monitored (p7, line 26) Provision for
unmonitored legal calls should be in place
and notification thereof

Source


Delegation
observations

Males have access to legal research on a
 Delegation
computer during waking hours, however,
observations
female detainees have very limited access
to a law library and this law library does
not contain any immigration legal materials
(p9, line 26)
Detainees in segregation do not have access
to immigration legal materials (p11, line
26)
Female detainees must choose between
 Delegation
recreation time and the law library (p9, line
observations
25)

ICE Response

Detention Standards Implementation Initiative
Standard 13, Recreation, Section III
B - Under no circumstances will the
facility require detainees to forgo
basic law library privileges for
recreational privileges

ABA Commission on Immigration

MEMORANDUM
To:

Victor Cerda, Acting Director
Office of Detention and Removal, Immigration and Customs Enforcement

From: American Bar Association Delegation to the Bristol County Jail1
Date: September 15, 2004
cc:

(b)(6)

ABA Commission on Immigration
Re:

Report on observations during a general tour of the Bristol County Jail facility

This memorandum summarizes and evaluates information gathered at the Bristol
County Jail (“BCJ” or “Jail”) in North Dartmouth, Massachusetts during the delegation’s
August 25, 2004 visit to the facility. The information was gathered via observation of the
facility by the delegations and interviews with immigration detainees and BCJ personnel.
I.

ICE DETENTION STANDARDS
In November 2000, the former Immigration and Naturalization Service (INS),2
promulgated the INS Detention Standards to ensure the “safe, secure and humane
treatment” of immigration detainees. The thirty-six standards contained in the Detention
Operations Manual cover a broad spectrum of issues ranging from visitation policies to
grievance procedures and food service. These standards apply to ICE-operated detention
centers and other facilities that house immigration detainees as part of a contract or
intergovernmental service agreement (“IGSA”).
The Detention Standards went into effect at ICE-operated detention facilities on
January 1, 2001. ICE intended to phase-in the standards in all of its contract and IGSA
facilities by December 31, 2002. The Detention Standards constitute a “floor” and not a
“ceiling” for treatment of immigration detainees. In other words, they are meant to
establish the minimal requirements that ICE must adhere to in its facilities. Each Field
Office or Officer in Charge (“OIC”) may, in his or her discretion, promulgate policies
and practices affording ICE detainees more enhanced rights and protections than those
provided for by the Standards.

1

The delegation was comprised of Holland & Knight LLP attorneys

(b)(6)

(b)(6)
(b)(6)

Effective March 1, 2003, the INS ceased to exist as an agency of the Department of Justice. The INS’
immigration enforcement functions were transferred to Immigration and Customs Enforcement (“ICE”), a
division of the Department of Homeland Security (“DHS”).

1

II.

INTRODUCTION
A.

The Delegation’s August 25th Visit

On Wednesday, August 25, 2004, the members of our delegation met with se
members of BCJ’s staff. Our delegation first met with BCJ Superintendent (b)(6), (b)(7)c
and Assistant Deputy Superintendent
During the cour
(b)(6), (b)(7)c
(b)(6), (b)(7)c
this meeting and our tour of the facilities, we met with Captain (b)(6), (b)(7)c social workers
and other BCJ personnel. The delegation
(b)(6)
appreciates the cooperation of these individuals. They were direct and accommodating
during our tour of the facility.
Our report is based on the discussions we had with these BCJ employees, as well
as observations of the facility and interviews with five immigration detainees. In many
instances, detainee reports were compatible with statements made by facility personnel
and/or our observations. In such cases, the delegation was able to determine conclusively
whether BCJ policy and procedures was consistent with the implementation of the
Standards. In certain instances, however, detainee reports conflicted with statements
made by facility personnel. Where we were unable to verify conflicting reports, the
delegation was unable conclusively to determine effective implementation.
B.

General Information About the Bristol County Jail Facility

The Bristol County Jail houses immigration detainees through an
intergovernmental service agreement with ICE. According to BCJ personnel, the Jail has
the capacity to hold approximately 1,100 inmates. We were informed that at the time of
our visit the Jail had a total population of 1,057 inmates, 119 of whom were immigration
detainees.
BCJ accommodates mostly male individuals, although there is a separate
women’s facility. According to BCJ personnel, at the time of our visit, the Jail housed 21
female immigration detainees. The immigration detainees come from over 70 different
nations.
BCJ receives $75.00 per day, per detainee housed at the facility. Assuming an
average daily total of 100 immigration detainees, BCJ receives approximately $225,000
per month under the IGSA contract. According to Superintendent Perroncello, the
average length of stay at BCJ for an ICE detainee is eight months.

2

III.

IMPLEMENTATION OF LEGAL ACCESS STANDARDS
A.

Legal Access/Visitation
1.

Visitation by Attorneys

The Detention Standards provide that facilities should allow detainees to meet
privately with their current or prospective legal representatives and legal assistants and to
meet with their consular officials.3
The BCJ facility has implemented this section of the Standards. According to
the BCJ Inmate Orientation, Handbook and Rules, attorneys are not restricted to the
normal hours of visitation.4 Attorneys are allowed to visit BCJ immigration detainees at
any time, seven days a week. BCJ tries to avoid visits during meal hours, given that this
is a very busy time for the Jail, but they will make exceptions for attorneys. In order for
an attorney to visit a detainee at BCJ, the attorney must present a bar card and announce
that he or she is representing an ICE detainee. The attorney may visit a client without
prior notice to the facility (i.e., the attorney need not arrange for the visit in advance),
although most attorneys send a letter announcing their intention to visit. According to
BCJ personnel, legal assistants, interpreters, and law students are also allowed to visit
detainees.
There are three attorney visitation rooms at the facility, one of which includes
video/teleconferencing equipment. All attorney visitation areas allow for contact visits.
Unlike the booths used for family visits, the attorney visitation rooms do not have
Plexiglas dividers to separate the detainees from their attorneys. One detainee reported
that she has been subject to strip searches after visits with her attorney. 5 She also
mentioned that she did not have the option of a non-contact visit as a means of avoiding a
strip search. None of the other detainees interviewed said that they had been strip
searched after an attorney visit.
2.

Visitation by Family and Friends

To maintain detainee morale and family relationships, the Detention Standards
encourage visitation with family and friends.6 To that end, the Standards require that all
detention facilities allow visitation and establish written visitation procedures. 7 The
Standards require a minimum of thirty minutes per visitation, under normal conditions,

3

Detention Operations Manual, Detainee Services, Standard 16, Section I.
“Attorneys shall be allowed to visit their clients as frequently as necessary, within reasonable limits.
Attorney (and clergy) visiting is encouraged for all inmates and will not be considered as a regular visiting
session.” BCJ Inmate Orientation, Handbook and Rules (“BCJ Inmate Handbook”), p. 4. The BCJ Inmate
Handbook is available in English, Spanish, and Portuguese.
5
(b)(6)
Notes of delegation members
6
Detention Operations Manual, Detainee Services, Standard 16, Section I.
7
Detention Operations Manual, Detainee Services, Standard 16, Section III.A.
4

3

and encourage more generous limits when possible.8 The facility must allow visitation
by immediate family members and other relatives, friends, and associates.9 As to minor
visitors, the Standards provide that:
At facilities where there is no provision for visits by minors, [ICE] will
arrange for a visit by children and stepchildren, on request, within the first
30 days. After that time, on request, [ICE] will consider a transfer, when
possible, to a facility that will allow such visitation. Monthly visits will be
continued on request if a transfer is not, [sic] approved, available or until
effected.10
Moreover, the ICE Model Detainee Handbook (although not provided to detainees at
BCJ) adds that visitors under 18 years of age “are expected to remain under the direct
supervision of” adult visitors.11 Visitors are to be allowed both during the week and on
weekends, and “to the extent practicable, the facility shall accommodate the scheduling
needs of visitors for whom weekends and holidays pose a hardship.”12 The ICE Model
Detainee Handbook does not provide for a minimum or maximum number of visitors
who can visit a detainee.
BCJ has almost fully implemented this section of the Standards. BCJ provides
for family and friend visitation, which are detailed in the BCJ Inmate Handbook.
Detainees appear to be given nearly four hours of visitation every week,13 which
surpasses the 30-minute minimum required under the Standards. Detainees are also
permitted to split their visitation time among several visitors, and they may see up to two
adult and two minor visitors during visiting hours.14
Under BCJ policy, however, only registered visitors are permitted to visit
detainees, and only five adult visitors may be registered at any one time.15 In addition,
minor children of detainees are only allowed if the BCJ has a notarized Minor Visit
Consent Form for the child. This policy may present a hardship for families containing
more than five adults, as well as for family members who want to visit but who are not
registered. It also makes visitation difficult for detainees who have more than two minor
children. A detainee must remove a person’s name from the visitor’s list in order to
8

Detention Operations Manual, Detainee Services, Standard 16, Section III.H.1.
Detention Operations Manual, Detainee Services, Standard 16, Section III.H.2.
10
Detention Operations Manual, Detainee Services, Standard 16, Section III.H.2.d.
11
Detention Operations Manual, Detainee Services, Attachment to Standard 5, Visitation Section.
12
Detention Operations Manual, Detainee Services, Standard 16, Section II, H.1.
13
Visiting hours, according to two detainees, are Wednesdays from 7:00 p.m. to 9:00 p.m. and Sundays
(b)(6)
from 1:00 p.m. to 2:45 p.m. Notes of delegation members
Another
detainee thought the visiting hours were Wednesdays from 2:00 p.m. to 5:00 p.m. and Sundays from 1:00
(b)(6)
p.m. to 9:00 p.m. Notes of delegation members
. Yet another detainee
(b)(6)
thought that family and friends could only visit on Wednesdays. Notes of delegation members
and
This restriction does not apply to attorneys or clergy.
(b)(6)
14
BCJ Inmate Handbook, p. 4.
15
“You will be allowed to have five (5) adult visitors, which will be screened by staff and approved by the
facility Deputy Superintendent. You may change these names on a quarterly basis by completing an Adult
Visit Form.” BCJ Inmate Handbook, p. 4.
9

4

include a previously unlisted person. Moreover, by only permitting detainees to alter
their visitor lists quarterly, the policy does not allow for guests unexpected by the
detainee, and changes to the visitor’s list take some time to go into effect. At least one
detainee has had problems getting visitors registered.16 It is unclear, furthermore,
whether arrangements can be made if normal visiting hours and visitation restrictions
pose an unusual hardship for family members, and if they can, whether detainees are
aware of this possibility. One detainee said that family members have this option, but it
is not mentioned in the BCJ Inmate Handbook.17 Moreover, she was the only detainee
interviewed who thought that special visiting arrangements could be made.
The delegation is also troubled by the fact that all visits with family and friends
are non-contact.18 While the delegation understands that contact visits pose a potential
security risk for the detainees and other inmates, the delegation is concerned that
detainees may not have contact with their children. Visitations are held in a room divided
by Plexiglas partitions into a number of visitation booths, with thick walls of Plexiglas
separating detainees from their visitors. Detainees and their visitors may speak to each
other only via the telephone handsets provided in each booth. This environment makes it
difficult for detainees to maintain some semblance of a normal parental relationship with
their children. Contact visits would allow children to feel closer to their parents and, in
accordance with the Standards, would help maintain detainee morale and family
relationships.19
B.

Telephone access

The Detention Standards require facilities holding ICE detainees to "permit them
to have reasonable and equitable access to telephones."20 In order to meet this
requirement, facilities must provide at least one telephone for every 25 detainees and
written telephone access rules to each detainee.21
BCJ has implemented this section of the Standards. Each housing unit has its
own set of telephones, providing approximately eight phones per sixty inmates. The
telephones are operational between the hours of 8:00am and 10:00pm. Detainees may
access the telephones at any time during the hours of operation except during "feed" and
"count" and other lockdown times. Detainees in segregated units also have access to
telephones.

16

(b)(6)
Notes of delegation members
(b)(6)
Notes of delegation members
18
Although this rule is not listed in the BCJ Inmate Handbook, Superintendent (b)(6), (b)(7)c told the
delegation that it was BCJ policy. This statement was reinforced by comments from the detainees. Notes
of delegation members
.
(b)(6)
19
Detention Operations Manual, Detainee Services, Standard 16, Section I.
20
Detention Operations Manual, Detainee Services, Standard 15, Sections I & III.A.
21
Detention Operations Manual, Detainee Services, Standard 15, Sections III.B. & C.

17

5

1.

Direct v. Collect Calls

According to the Standards, a facility may generally restrict telephone service to
collect calls, but it must permit detainees to make direct calls to a number of
organizations, including the local immigration court, the Board of Immigration Appeals,
Federal and State courts, consular officials, legal service providers, and relevant
government offices.22 Detainees must also be able to make direct calls to family
members when a "compelling need" arises.23 The facility shall not require indigent
detainees to pay for the types of calls listed above if they are local calls, nor for non-local
calls if there is a compelling need.24 Moreover, regardless of whether the detainee is
indigent, the facility must provide a detainee with the ability to make calls to the ICEapproved list of legal service providers and consulates at no charge to the detainee or the
receiving party.25
The delegation is concerned about the facility's implementation of this
section of the Standards. According to one detainee interviewed, there is a lack of
access to free telephone calls to these facilities.26 Apparently all of the telephones, at
least in the men's ward, are collect call only telephones. However, social workers did
assist some detainees in making collect calls from their offices. 27 Further, there is no
privacy even during telephone conversations with a detainee's attorney; the BCJ policy is
that all calls may be monitored.28 Superintendent (b)(6), (b)(7)c remarked, however, that in
reality calls generally are not monitored due to staffing reasons.29 At BCJ, the phones
only permit detainees to make domestic collect calls.30 Detainees can call the listed
facilities from the detainee officer's office, but only with his permission. The delegation
understands that many persons, companies and organizations do not accept collect calls
from BCJ, including many attorneys and most pro bono and immigration advocacy
organizations.31 Due to the way the phones are set up, detainees are also effectively
prohibited from calling their families overseas.32
2.

Privacy and Telephone Usage Restrictions for Legal Phone Calls

22

Detention Operations Manual, Detainee Services, Standard 15, Section III.E.
Detention Operations Manual, Detainee Services, Standard 15, Section III.E.
24
Detention Operations Manual, Detainee Services, Standard 15, Section III.E.
25
Detention Operations Manual, Detainee Services, Standard 15, Section III.E.
26
Notes of delegation members
and
b6
(b)(6)
27
Notes of delegation members
and
28
Notes of delegation member
(b)(6)
29
Notes of delegation member
30
Notes of delegation members
and
.
(b)(6)
b6
31
Notes of delegation members
and
.
32
Superintendent (b)(6), (b)(7)c commented, however, that detainees may call overseas for free in the case of
an emergency. This remark was unconfirmed by the detainees interviewed. Notes of delegation member
23

(b)(6)

6

The Standards provide two sets of rules regarding telephone usage restrictions.33
One set of rules governs calls regarding legal matters, while the other set governs calls
unrelated to legal matters. With respect to legal phone calls, the Standards provide:
The facility shall not restrict the number of calls a detainee places to
his/her legal representatives, nor limit the duration of such calls by rule or
automatic cut-off, unless necessary for security purposes or to maintain
orderly and fair access to telephones. If time limits are necessary for such
calls, they shall be no shorter than 20 minutes, and the detainee shall be
allowed to continue the call if desired, at the first available opportunity. 34
Further, the facility must ensure privacy for all detainee phone calls regarding legal
matters. The facility must provide a reasonable number of telephones on which detainees
can make such calls without being overhead by officers, other staff, or other detainees.35
The Standards also explicitly prohibit the facility and its personnel from monitoring or
recording telephone calls on legal matters, absent a court order.36
The BCJ facility has not implemented this section of the Standards. First,
BCJ conflicts with the Standards by preventing detainees from making legal phone calls
without being overheard by BCJ personnel and other detainees. The telephones in each
housing unit are not private, but are located in open areas. No privacy panels are
installed, nor are there areas designated for telephone calls to ensure privacy. At the very
least, there is no doubt that detainee phone conversations can be heard by other detainees
and inmates in the same housing unit. Second, all calls are monitored.37 The practice of
monitoring calls is particularly troubling to the delegation, as it would necessarily
interfere with attorney-client relationships and confidentiality. Third, although the
Standards allow for restrictions on the duration of legal phone calls, such restrictions are
allowed only if necessary for “security purposes or to maintain orderly and fair access to
telephones.” It is unclear whether such restrictions are necessary at BCJ. At the time that
the delegation toured the facility, none of the telephones were in use.
3.

Privacy and Telephone Usage Restrictions for Other Calls

As for telephone calls not related to legal matters, the facility may restrict the
number and duration for such calls for the following reasons only:
1.

availability (e.g. the usage demands of other detainees);

2.

orderly operation of the facility (e.g. scheduled detainee movements, court
schedules, meals, counts, etc.); and

33

Detention Operations Manual, Detainee Services, Standard 15, Section III.F.
Detention Operations Manual, Detainee Services, Standard 15, Section III.F.
35
Detention Operations Manual, Detainee Services, Standard 15, Section III.J.
36
Detention Operations Manual, Detainee Services, Standard 15, Section III.J.
37
Notes of delegation member
(b)(6)
34

7

3.

emergencies (e.g. escapes, escape attempts, disturbances, fires, power
outages, etc.).38

The Standards also provide that a facility may monitor all detainee phone calls of a nonlegal nature.39 If a facility monitors calls, it must notify detainees upon admission and
place a notice at each monitored telephone.40 The notice must state that detainee calls are
subject to monitoring and must provide the procedure for obtaining an unmonitored call
for legal purposes.41
The BCJ facility has not fully implemented this section of the Standards.
First, and as noted above, it is unclear whether telephone usage restrictions are necessary
at BCJ. The telephones did not seem to be in high demand when the delegation toured
the facility. Second, although the facility notifies detainees about BCJ's monitoring
policy, neither the BCJ Inmate Handbook nor the signs next to the telephones provide the
procedure for obtaining an unmonitored call for legal purposes.
4.

Incoming Calls and Messages

The Detention Standards require facilities to take and deliver messages from
emergency and non-emergency incoming telephone calls to detainees as promptly as
possible.42 If the facility receives an emergency telephone call for a detainee, the facility
is required to obtain the caller's name and telephone number and permit the detainee to
"return the emergency call as soon as reasonably possible."43 Moreover, the facility must
enable indigent detainees to make free return emergency calls.44
BCJ has not implemented this section of the Standards. BCJ does not have a
formal procedure in place for taking and delivering non-emergency phone messages to
the detainees. According to the detainees interviewed, only legal messages are delivered
consistently.45 One detainee reported that he receives all messages, both legal and nonlegal, in a timely fashion,46 but two others said that they do not receive any messages at
all.47 BCJ officials state that they accept and deliver phone messages to the detainees. It
is unclear, however, whether the facility allows indigent detainees to return these calls
free of charge.

38

Detention Operations Manual, Detainee Services, Standard 15, Section III.F.
Detention Operations Manual, Detainee Services, Standard 15, Section III.K.
40
Detention Operations Manual, Detainee Services, Standard 15, Section III.K.
41
Detention Operations Manual, Detainee Services, Standard 15, Section III.K.
42
Detention Operations Manual, Detainee Services, Standard 15, Section III.I.
43
Detention Operations Manual, Detainee Services, Standard 15, Section III.I.
44
Detention Operations Manual, Detainee Services, Standard 15, Section III.I.
45
Notes of delegation members
(b)(6)
.
b6
46
Notes of delegation members
(b)(6)
47
(b)(6)
Notes of delegation members
39

8

C.

Access to Legal Materials

The Detention Standards provide that all facilities shall permit detainees access to
a law library, and provide legal materials, facilities, equipment and document copying
privileges, and the opportunity to prepare legal documents.48
The BCJ facility has implemented some sections of the Standards regarding
access to legal materials. Access to legal materials, however, is not uniform between
male and female detainees. In general BCJ fails to provide immigration detainees
with meaningful access to legal materials.
1.

Access to the Library

The Detention Standards require that a facility devise a flexible schedule to
permit all detainees, regardless of housing or classification, to use the law library on a
regular basis for a minimum of five hours per week.49 The use of the library should not
cause a detainee to miss a meal, recreation time, or any other planned activity. 50
The BCJ facility appears to have implemented this section of the Standards.
The BCJ facility permits detainees to use the library every day of the week. However, as
stated above, the "library" consists of one computer workstation per housing unit. 51 Male
detainees can use the computer all day except during lockdown periods. There are about
eleven lockdowns per day and the longest lockdown occurs during lunch hours.
Superintendent Perroncello stated that the detainees could use the computer workstation
for eight to ten hours a day.52 Questions remain, however, because there is only one
computer per housing unit and there appears to be no organized method of signing up to
use the computer so that all detainees have equal access to it. On the other hand, female
detainees can have access to the library only during the recreation period and have to
choose between use of the library or recreation.53
2.

Library Conditions

The Standards require that the facility provide a law library in a designated room
with sufficient space to facilitate detainee's legal research and writing.54 The library shall
contain a sufficient number of tables and chairs in a well-lit room, reasonably isolated
from noisy areas.55 In addition, the BCJ Inmate Handbook states that inmate legal
resources are provided by "BCSO Computer Legal Research Systems… located in the
Inmate Law Library and in designated housing units or areas."56

48

Detention Operations Manual, Detainee Services, Standard 1, Section I.
Detention Operations Manual, Detainee Services, Standard 1, Section III.G.
50
Detention Operations Manual, Detainee Services, Standard 1, Section III.G.
51
Notes of delegation member
52
Notes of delegation member
(b)(6)
53
Notes of delegation member
54
Detention Operations Manual, Detainee Services, Standard 1, Section III.A.
55
Detention Operations Manual, Detainee Services, Standard 1, Section III.A.
56
BCJ Inmate Handbook, pg. 3.
49

.

9

BCJ has not implemented this section of the Standards. As stated above, there
is no Inmate Law Library and the computer workstations do not appear to have sufficient
space for a detainee to conduct legal research and write down notes. Superintendent
Perroncello mentioned that it was more cost effective to bring the library to the detainees
rather than to have a central library.57 The "library" that is available to the detainees,
however, is limited to one computer workstation with Lexis Nexis access. Each unit has
one computer regardless of the number of detainees housed in a unit.58 For example the
Gymnasium houses 54 detainees (as of August 25, 2004) and there is only one computer
for the use of all detainees.59 The female unit had a small "library" with one computer
available for all detainees. The delegation observed that a detainee could not have
privacy to do legal research or to review and read legal materials in a space isolated from
noisy areas.
3.

Materials Identified in the Detention Standards

The Detention Standards provide that the library shall contain materials listed in
Attachment A to the chapter on Access to Legal Materials and that ICE shall provide for
an initial set of these materials.60 These materials must be updated regularly and
information must be added on significant regulatory and statutory changes regarding
detention and deportation of aliens in a timely manner.61 Damaged or stolen materials
must be promptly replaced.62 In addition, the Standards require that the facility post a list
of holdings in the law library and designate an employee with responsibility for updating
materials, inspecting them weekly, and maintaining them in good working order. 63
The BCJ law library has not implemented this Standard; the delegation
observed that only one of the male housing units had some legal materials available.
The available legal materials include: Interpreter Releases, Administrative Decisions
Under INS laws, Black's Law Dictionary, and Bender's Immigration Legislative Case
Reporter. A list of the available holdings is posted near the computer workstation and
detainees and inmates have to request legal books from the facility's librarian, (b)(6)
64
The Gymnasium where 54 detainees are being held does not have any legal
(b)(6) .
research materials in print and a list of available materials is not posted near the computer
workstation.65
A brief review of the legal materials available in one of the male housing units
revealed that many required materials were outdated or entirely missing. For example,
texts on immigration law and defense, guides for immigration advocates, country reports
on human rights practices for asylum seekers, other asylum and refugee materials as well
57

(b)(6)
Notes of delegation membe
Observation of delegation member
(b)(6)
59
Observation of delegation member
60
Detention Operations Manual, Detainee Services, Standard 1, Section III.C.
61
Detention Operations Manual, Detainee Services, Standard 1, Sections III.D-F.
62
Detention Operations Manual, Detainee Services, Standard 1, Section III.F.
63
Detention Operations Manual, Detainee Services, Standard 1, Section III.E.
64
Statement of Guard. Statement of male detainee interviewed.
65
Notes of delegation member
(b)(6)

58

10

as the ICE Model Detainee Handbook and "Know Your Rights" were missing.66 The
computer did have a database with country reports on human rights but detainees who are
not computer literate are not able to access this material. Upon asking who was in charge
of updating the books, Superintendent (b)(6), (b)(7)c mentioned that ICE is in charge of
sending updates.67 Some of the immigration law books were last updated in 2001.68 No
BCJ employee is assigned to organize, update, and request legal materials.69 The role of
the librarian,
, is not clear in this regard. The delegation was told that the
(b)(6)
librarian is able to print cases for detainees and circulate books that detainees request and
(b)(6)
that detainees can also make book requests to social worker
.70
The Standards require that detainees housed in Administrative Segregation or
Disciplinary Segregation units shall have the same law library access as the general
population, unless compelling security concerns require limitations.71 BCJ has not
implemented this section of the Standards. Housing units ED/EE, used for inmates and
detainees awaiting disciplinary sanctions and to house inmates who have been
sanctioned, have one computer workstation for use by all detainees.72 A brief review of
the materials available in the computer revealed that there were no Lexis Nexis access or
immigration law materials of any kind.73 Thus a detainee placed in either of these
housing units would not have access to legal materials and it is not clear if the detainee
would be able to request and receive legal materials from the librarian because a list of
available materials was not posted near the computer workstation.
The female housing unit only had a set of Massachusetts General Laws available
and did not have any legal research materials in print related to immigration law. 74 The
delegation was informed that immigration materials are available to detainees upon
request from librarian
.75 With so many missing materials, the delegation
(b)(6)
believes that an immigr
nee with a valid defense to removal or a valid claim to
asylum would find it extremely difficult, if not impossible, to prepare his or her case pro
se.
4.

Equipment

The Detention Standards require that the law library provide an adequate number
of typewriters and/or computers, writing implements, paper and office supplies to enable
detainees to prepare documents for legal proceedings.76 As stated above, BCJ has only
one computer per housing unit. The computers are read-only, stand-alone computer

66

Notes of delegation member
Notes of delegation member
68
(b)(6)
Notes of delegation member
69
Notes of delegation member
70
Notes of delegation member
71
Detention Operations Manual, Detainee Services, Section III.M.
72
(b)(6)
Observation of delegation m
73
Notes of delegation member
74
(b)(6)
Notes of delegation member
75
Notes of delegation member
76
Detention Operations Manual, Detainee Services, Standard 1, Section III.B.
67

11

workstations. There were no writing implements, paper or office supplies around the
computers and a detainee is not allowed to save his/her research on a floppy disk.77
One of the male housing units and the female housing unit had each one
typewriter available for detainee use. Detainees housed in the Gymnasium do not have a
typewriter located nearby.78 The male detainee questioned confirmed that there was only
one typewriter for two housing units.79
The Standards also require the facility to appoint an employee with responsibility
to inspect the equipment and to stock sufficient supplies.80 The BCJ facility has not
implemented this Standard; the male housing units do not have a designated
employee responsible for the inspection and maintenance of the equipment.81 The
(b)(6)
BCJ facility has one librarian,
but it was not clear whether he is in charge of
inspecting the computers and making sure that there are sufficient supplies in stock and
(b)(6)
available to the detainees. BCJ social worker
informed the delegation
that the female housing unit has a volunteer librarian that is available to help detainees as
needed. It is not known, however, if the volunteer librarian is able to help detainees with
legal research.
5.

Photocopies

The Detention Standards provide that each facility shall ensure that detainees can
obtain photocopies of legal materials and that facility personnel may not read a document
that on its face is clearly related to a legal proceeding involving the detainee. 82 Enough
copies must be provided so that a detainee can fulfill court procedural rules and retain a
copy for his or her records.83
The BCJ facility meets this section of the Standards; however, concerns
remain. In order to obtain copies of any legal materials, detainees must fill out a copy
request form. The delegation was told that detainees did not pay for photocopies of legal
materials.84 There was a sign, however, on the female housing unit stating that copies
were 20 cents each. In addition, the male detainee interviewed confirmed that copies
were available at 20 cents with a sixty page limit.85 The delegation was told by the
guards and by Superintendent Perroncello that there was no limit on the number of
photocopies that detainees could request, clearly in conflict with the detainee's
declaration. On the other hand, female detainees interviewed stated that documents could

77

(b)(6)
Notes of delegation member
.
(b)(6)
Observation of delegation member
79
(b)(6)
Notes of delegation members
80
Detention Operations Manual, Detainee Services, Standard 1, Section III.E.
81
(b)(6)
Notes of delegation member
82
Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
83
Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
84
Notes of delegation members
(b)(6)
85
Notes of delegation member

78

12

be photocopied with BCJ social worker
allowed is unlimited.86
6.

(b)(6)

assistance and that the number

Assistance to Illiterate and Non-English Speakers

The Standards state that unrepresented illiterate or non-English speaking
detainees who wish to pursue a legal claim related to their immigration proceedings or
detention must be provided with more than access to a set of English language law
books.87
The BCJ facility does not meet this section of the Standards. All of the legal
materials available and non-legal materials available in the housing units are in English.88
The required Spanish-English Law Dictionary was missing from male and female
housing units.89 Other translation dictionaries were also missing. Superintendent
Perroncello mentioned that a large part of the detainee population was Brazilian, yet none
of the books available are in Portuguese.90 In addition, instructions on how to use the
computer workstation are in English, and all of the databases available in the computer
are in English as well.91 Thus a detainee that does not speak English is unable to utilize
any of the legal materials or access the computer workstations. Female detainees
interviewed mentioned that detainees help each other with translation and filling out
forms and requests but it is not clear if they are able to help each other with legal
documentation.92
D.

Group Rights Presentations

The Detention Standards provide that facilities shall permit authorized persons to
make presentations to groups of detainees for the purpose of informing them of U.S.
immigration law and procedures consistent with the security and orderly operation of an
ICE facility.93 At least 48 hours before a scheduled presentation, informational posters
shall be prominently displayed in the housing units.94 The facility shall permit presenters
to meet with small groups of detainees to discuss their cases following a group
presentation.95
The BCJ facility appears to have substantially implemented this section of
the Standards. No BCJ personnel and only one of the detainees could identify a
particular group rights presentation ("GRP").96 BCJ staff indicated that detainees were
advised by word-of-mouth of GRPs.97 This issue appears to be mitigated by the access
86

(b)(6)
Notes of delegation members
Detention Operations Manual, Detainee Services, Standard 1, Section III.L.
88
Notes of delegation member
89
Notes of delegation member
90
Notes of delegation member
(b)(6)
91
Notes of delegation member
92
(b)(6)
Notes of delegation member
and
93
Detention Operations Manual, Detainee Services, Standard 9, Section I.
94
Detention Operations Manual, Detainee Services, Standard 9, Section III.C.
95
Detention Operations Manual, Detainee Services, Standard 9, Section III.G.
96
Notes of delegation membe
(b)(6)
97
Notes of delegation membe

87

13

the detainees have to the BCJ social workers, who make the GRP known to the detainees.
According to BCJ personnel, there are no restrictions on GRPs.98 The detainee who
participated in the GRP recalled meeting with the presenters after the presentation.99
Another detainee noted that pro bono attorneys and paralegals come to the facility
periodically and meet with the detainees to discuss their cases.100 None of the detainees
interviewed or BCJ personnel were aware of “Know Your Rights” either as a group rights
presentation or video.
IV.

OTHER PROVISIONS OF THE ICE DETENTION STANDARDS
A.

Site-Specific Detainee Handbook

The Detention Standards require that all detention facilities have a site-specific
handbook for immigration detainees. The purpose of the handbook is to provide an
overview of, and guide to, “the detention policies, rules, and procedure in effect at the
facility,” as well as “the services, programs, and opportunities available through various
sources, including the facility, [ICE], private organizations, etc.”101 The handbook must
be translated into Spanish, and, if appropriate, into the next most-prevalent language(s)
among the facility’s detainees.102 All detainees are to receive a copy of the handbook
upon admission to the facility.103
BCJ has not fully implemented this section of the Standards. At intake,
immigration detainees are given copies of the BCJ Inmate Handbook.104 This handbook
meets the definition of a “site-specific handbook” and provides an adequate overview of
the policies, rules, and procedures generally in effect at BCJ. The handbook is available
in English, Spanish, and Portuguese.
Although the handbook correctly describes many of the rules and procedures
generally in effect at BCJ, the handbook does not adequately describe the policies, rules,
services, programs, and rights available to immigration detainees under the Detention
Standards. Indeed, in one instance, the BCJ Inmate Handbook misleads immigration
detainees as to their rights:


B.

although the Standards require free medical services and medication for
immigration detainees, the handbook states that all inmates (other than
indigent inmates) will be billed for medical services and medication and
that these charges will be deducted from their accounts (p. 2).
Recreation

98

Notes of delegation member
(b)(6)
Notes of delegation member
100
Notes of delegation membe
101
Detention Operations Manual, Detainee Services, Standard 5, Section I.
102
Detention Operations Manual, Detainee Services, Standard 5, Section III.E.
103
Detention Operations Manual, Detainee Services, Standard 5, Section I.
104
To the delegation’s knowledge, the BCJ Inmate Handbook is not modeled on the ICE Detainee
Handbook.
99

14

The Detention Standards require that all facilities provide immigration detainees
with access to recreational programs and activities, under conditions of security and
supervision that protect their safety and welfare.105 If, as at the BCJ, outdoor recreation is
available at the facility, "each detainee shall have access for at least one hour daily, at a
reasonable time of day, five days a week, weather permitting."106 All facilities shall also
have an individual responsible for the development and oversight of the recreation
program.107 "Under no circumstances will the facility require detainees to forgo basic
law library privileges for recreational privileges."108 The Standards include such
requirements as “[e]xercise areas will offer a variety of fixed and movable equipment;”
“recreational activities may include limited-contact sports;” and "[d]ayrooms in generalpopulation housing units will offer board games, television, and other sedentary
activities.”109
The BCJ facility partially meets the Standards regarding recreational
programs and activities. Male detainees are given two hours of outdoor recreation (one
hour morning and one hour afternoon) seven days a week.110 Female detainees are only
given one hour of outdoor recreation seven days a week.111 No fixed or movable
equipment, aside from various types of game balls (of limited supply), are provided for
outdoor recreation.112 The dayrooms did include a variety of board games, cards, and
pleasure books, although nearly all of the pleasure books are in English.113 BCJ
personnel volunteered that they have had trouble with their new television system.
Additionally, Superintendent (b)(6), (b)(7)c confirmed that the facility employed neither a
recreation specialist nor a recreation assistant.
According to BCJ personnel, detainees in specialized management units were
given one hour of outdoor recreation a day. Their outdoor area was a small caged area
that appeared too confining for anything other than in-place exercise.
Superintendent (b)(6), (b)(7)c indicated that they had just become aware that the
facility could not require the detainees to choose between recreation and basic law library
privileges and that they were in the process of implementing this aspect of this Standard.
C.

Medical Treatment

The Detention Standards require that all detainees have access to medical services
that promote detainee health and general well-being.114 Each facility is required to
perform an initial medical screening on new arrivals, and to have medical personnel and
105

Detention Operations Manual, Detainee Services, Standard 13, Section I.
Detention Operations Manual, Detainee Services, Standard 13, Section III.B.1.
107
Detention Operations Manual, Detainee Services, Standard 13, Section III.F.
108
Detention Operations Manual, Detainee Services, Standard 13, Section III.B.
109
Detention Operations Manual, Detainee Services, Standard 13, Section III.G.
110
Notes of delegation members
111
Notes of delegation members
(b)(6)
112
Notes of delegation member
113
Notes of delegation member
114
Detention Operation Manual, Health Services, Standard 2, Section I.
106

15

facilities available to provide for the medical needs of the detainees.115 Each facility is
required to have regularly scheduled times, known as sick call, when medical personnel
are available to see detainees who have requested medical services. 116 Facilities must
also have procedures in place to provide emergency medical care for detainees who
require it.117
BCJ appears to meet these Standards. It maintains a central health care facility
in its administration building. The full time staffing of the health center includes three
nurses, one physician, one nurse practitioner/physician assistant, one nurse manager,
three mental health clinicians, one director of nurses, and one administrator. In addition,
staff includes a phlebotomist, an x-ray technician two times per week, and a dentist and
dental assistant, three times per week.118 The health center has specialty clinics in
orthopedics and surgery on a monthly basis and a weekly optometry clinic. Every other
week, there is an infectious disease clinic.119 The evening staffing is three nurses; during
the nightshift, there is one nurse on duty.
A medical doctor, psychiatric professional and dentist are on call twenty-four
hours per day. The facility has emergency room arrangements with nearby St. Luke's
Hospital in New Bedford, MA; routine hospitalization is at Shattuck Hospital in Jamaica
Plain, MA.120
The facility's medical center is certified and accredited by the National
Commission on Correctional Health Care. The health care services are outsourced by
contract with Prison Health Services, a national firm specializing in provision of health
care in correctional facilities. 121
On intake, each ICE detainee is given a preliminary health screening, which
includes a questionnaire for determination of all current medications, and a complete
health history. In addition, each detainee gets a urinalysis, an oral screen, and a mental
health assessment. Any medications identified in the intake health questionnaire are
confirmed with the prescribing physician. The facility provides all confirmed continuing
medication to the detainees without charge. There is no charge for any other medical,
psychological or dental care provided to the detainees.122
Within fourteen days of intake, each detainee undergoes a complete physical
(b)(6)
examination by the medical director, Dr.
.123 The physical examination
includes CBC (complete blood count), RPR (syphilis test), and PPD (tuberculosis). HIV
test is offered on intake; detainees are not required to report whether they are HIV
115

Detention Operation Manual, Health Services, Standard 2, Section D.
Detention Operation Manual, Health Services, Standard 2, Section III.F.
117
Detention Operation Manual, Health Services, Standard 2, Sections III.A. & G.
118
Notes of delegation member
119
(b)(6)
Notes of delegation member
120
Notes of delegation member
121
Notes of delegation members
122
(b)(6)
Notes of delegation member
123
Notes of delegation members
116

16

positive. Those detainees who are HIV positive are not segregated or dealt with in any
fashion differently from other detainees.124
The procedure for a detainee to obtain medical attention is to fill out a "sick
slip."
The sick slip is given to the officer in charge of the residential unit, who
forwards it to the health center. On receipt of sick slip (or if requested spontaneously by
an officer in a residential unit), a nurse will be dispatched to the housing unit to conduct a
triage examination. Based on the on-site evaluation, the detainee will be directed to such
further care as appropriate. That may be simply on-site treatment by the nurse, or referral
to the health center for attention by a nurse practitioner-physician assistant, or the
medical director.126
125

One concern regarding medical care arises from comments made by two detainees
during interviews. A male detainee asserted that the time between submitting a sick slip
and being seen by a nurse is two weeks, and that an additional two weeks will elapse
before a physician can be seen (if that is the triage nurse’s recommendation).127 A female
detainee also stated that on one occasion she had to wait two weeks to be seen for a
complaint of chest pains.128 A two week delay in being seen after submission of a sick
slip is clearly inadequate, and inconsistent with the Standards.
Another concern relates to medications. One detainee was refused a renewal of a
prescription medication on the basis that the condition for which he was taking the
medication was not life-threatening.129 This, again, is inconsistent with the Standards.
There is nothing in the Detention Standards that limits allowable medication to those for
life-threatening health conditions.
D.

Dental Treatment

The Detention Standards require an initial dental screening exam within fourteen
days of the detainee’s arrival at the facility. 130 The facility must provide dental services,
including emergency dental treatment; for detainees held in detention longer than six
months, routine dental treatment must be provided. 131
The BCJ facility appears to have fully implemented these Standards.
According to BCJ personnel, detainees are provided with full dental care, with the
exception of routine dental cleaning. The demand for dental care is such that there is
approximately a two month waiting period for a dental visit; upon confirmation of a need
for a full dental appointment, there is approximately a five month waiting period.
124

Notes of delegation member
(b)(6)
Notes of delegation members
(b)(6)
.
126
Notes of delegation member
127
Notes of delegation members
(b)(6)
128
Notes of delegation members
129
Notes of delegation members
130
Detention Operation Manual, Health Services, Standard 2, Section III.E.
131
Detention Operation Manual, Health Services, Standard 2, Section III.E.
125

17

E.

Detainee Classification

The Detention Standards require that detention facilities use a classification
system and physically separate detainees in different categories.132 IGSA facilities, such
as BCJ, “may continue using the systems established locally, if the classification criteria
are objective and all procedures meet [ICE] requirements.”133 A detainee's classification
is to be made on "objective" information, including criminal offenses, escape attempts,
institutional disciplinary history, violent incidents, etc.134 Classification is required in
order to separate detainees with no or small criminal records from inmates with serious
criminal records.135
The BCJ facility has not fully implemented this section of the Standards. BCJ
classifies detainees in three levels. Level 1 (lowest risk), Level 2 (medium risk) and
Level 3 (High risk).136 Classifications are decided by the Classification Board with
whom the detainees meet upon arrival at the facility.137 All the female detainees are
housed together, however, and it appears that they are not classified, in contradiction of
the Detention Standards.138
Female detainees interviewed did not know their
classification and were not aware that a classification process existed.139 One of the
detainees interviewed stated that all female detainees are classified in the same category
and housed together.140 Female detainees do not mix with female inmates although
detainees interviewed stated that during lunch they can mingle with inmates at the food
line and eat at the same place separated by a barrier.141
Male detainees appear to be housed all together regardless of classification,
although the Gymnasium only houses ICE detainees and the first floor of another male
housing unit is comprised solely of ICE detainees.142 One of the interviewed detainees
stated that he believed that there was some co-mingling between detainees and
inmates.143
The BCJ facility does not explain the classification system in the BCJ Inmate
Handbook. The Handbook states that the upon arrival the detainee shall meet with the
classification board for an initial classification and housing placement.144 In addition the
handbook states that a classification review takes place every sixty days thereafter.145

132

Detention Operations Manual, Detainee Services, Standard 3, Section I.
Detention Operations Manual, Detainee Services, Standard 3, Sections I & III.A.
134
Detention Operations Manual, Detainee Services, Standard 3, Section I.
135
Detention Operations Manual, Detainee Services, Standard 3, Sections III.A & III.E.
136
Notes of delegation member
137
Notes of delegation member
(b)(6)
138
Notes of delegation member
139
Notes of delegation members
140
Notes of delegation members
141
Notes of delegation members
(b)(6)
142
Notes of delegation member
143
Notes of delegation members
144
BCJ Inmate Handbook, pg. 1.
145
BCJ Inmate Handbook, pg. 1.
133

18

The BCJ Inmate Handbook does not provide an explanation of the classification levels,
with the conditions and restrictions applicable to each.
F.

Voluntary Work Programs

The Detention Standards require all facilities with work programs to “provide
detainees the opportunity to work and earn money.”146 The Standards also state that
detainees must receive monetary compensation for work completed in accordance with
the facility’s standard policy.147
The BCJ facility has not fully implemented this section of the Standards. BCJ
officials indicated that detainees may participate in voluntary work programs in their
housing units. The work, however, is performed for no pay. Apparently, none of the
voluntary work programs (for criminal inmates or immigration detainees) provide any
compensation. As such, it appears that BCJ has a voluntary work program but with a
uniform no-pay policy.
G.

Detainee Grievance Procedures

The Standards require that the facility develop and implement standard
procedures for handling detainee grievances and encourage that the facility initially seek
to resolve grievances informally before having to engage in a more formalized
procedure.148 Translating assistance for both formal and informal grievances must be
provided upon request.149 The Standards also require that each facility establish a
reasonable time limit for: (1) “processing, investigating, and responding to grievances;”
(2) “convening a grievance committee to review formal complaints;” and (3) “providing
written responses to detainees who filed formal grievances, including the basis for the
decision.”150 All grievances must receive supervisory review, include guarantees against
reprisal, and allow for appeals.151 Further, the Standards require detainee handbooks to
provide an explanation of the grievance procedures, including (1) the procedures for
appealing decisions to ICE, and (2) the opportunity to file a complaint about officer
misconduct directly with the Justice Department (including the phone number and
address).152
The delegation is concerned with the facility’s implementation of this section
of the Standards. The BCJ Inmate Handbook does provide for an inmate grievance
procedure.153 Detainees should first attempt to resolve their problem or concern
informally. If the response is not satisfactory, the detainee may then file an Inmate
Grievance Form, which goes to the Inmate Grievance Coordinator. Detainees may file an
146

Detention Operations Manual, Detainee Services, Standard 17, Section I.
Detention Operations Manual, Detainee Services, Standard 17, Section III.K.
148
Detention Operations Manual, Detainee Services, Standard 8, Sections I & III.A.
149
Detention Operations Manual, Detainee Services, Standard 8, Sections III.A.1 & 2.
150
Detention Operations Manual, Detainee Services, Standard 8, Section I.
151
Detention Operations Manual, Detainee Services, Standard 8, Sections I & III.C.
152
Detention Operations Manual, Detainee Services, Standard 8, Section III.G.
153
BCJ Inmate Handbook, p. 4.
147

19

appeal of a Denied Grievance with the Superintendent.154 The BCJ Inmate Handbook
contains time limits for filing grievance, but it does not give any timeframe for a response
to a grievance. This policy is in conflict with the Standards, which provide for a time
(b)(6), (b)(7)c
limit for a facility’s response to all aspects of a grievance. Superintendent
however, commented that the typical grievance procedure, including any appeal,
normally takes seven days, and that he personally reviews each grievance form filed. 155
BCJ does have an actual grievance form, in conformance with the Detention
Standards. The form provides a space for the detainee to list his or her complaint, as well
as a requested remedy. This section also includes a box indicating whether the grievance
filer is an INS (ICE) detainee. The second section of the form contains the grievance
decision along with a place for the Grievance Coordinator to write a summary of his or
her findings. The detainee must sign the form once he or she reviews is, and must
indicate whether or not he or she intends to appeal the decision. The third section
contains the appeal decision. One detainee filed a grievance form and received a
satisfactory response, although she mentioned that she gave the form to the officer on
duty, who in turn passed it on to the lieutenant.156 She never mentioned an Inmate
Grievance Coordinator.
It does not appear that translating assistance is available for either formal or
informal grievances, nor was there any indication that BCJ personnel convene a
grievance committee to review formal complaints. Finally, although the BCJ Inmate
Handbook provides for a grievance procedure, neither the Handbook nor the grievance
form provides the procedures for appealing decisions to ICE or the opportunity to file a
complaint about officer misconduct directly with the Justice Department.
H.

Use of Force

The Detention Standards provide that use of force is authorized only after all
reasonable efforts to resolve a situation have failed.157 Officers shall use as little force as
necessary to gain control of the detainee; to protect and ensure the safety of detainees,
staff, and others; to prevent serious property damage; and to ensure the security and
orderly operation of the facility.158 Physical restraints can be used to gain control of an
apparently dangerous detainee only under specified conditions.159 The Standards require
that “all incidents of use of force be documented and forwarded to [ICE] for review” and
that all calculated uses of force be videotaped and made available to ICE. 160 In addition,
the Standards provide that under no circumstances shall force be used to punish a
detainee.161

154

BCJ Inmate Handbook, p. 4.
Notes of delegation member
(b)(6)
156
Notes of delegation members
157
Detention Operations Manual, Security and Control, Standard 15, Section I.
158
Detention Operations Manual, Security and Control, Standard 15, Section I.
159
Detention Operations Manual, Security and Control, Standard 15, Section I.
160
Detention Operations Manual, Security and Control, Standard 15, Section III.A.2.
161
Detention Operations Manual, Security and Control, Standard 15, Section III.B.
155

20

The BCJ facility appears to have implemented this section of the Standards.
No detainees we spoke with had any complaints regarding the improper use of force.
One detainee mentioned that detainees are shackled when they are transferred to and
from courts,162 and this statement was echoed by two other detainees, who said that they
have only been shackled during transports.163 Restraining detainees during transportation
can be viewed as necessary to protect and ensure the safety of detainees, staff, and others,
and is not in violation of the Standards.
Superintendent (b)(6), (b)(7)c told the delegation that the most frequent use of force
against detainees occurs as a result of a detainee disobeying the orders of a corrections
officer. He estimated that in the last six months BCJ used force against ICE detainees
approximately six times.164
What remains unclear, however, is whether BCJ documents all “use of force”
incidents and forwards the documentation to ICE. Furthermore, there was no mention of
BCJ videotaping all calculated uses of force against detainees and forwarding the footage
to ICE. Both of these procedures are required by the Detention Standards.
I.

Clothing and Personal Hygiene Products

The Detention Standards require facilities to have a policy and procedure for the
regular issuance and exchange of clothing, bedding, linens, and towels.165 According to
the Standards, "[a]ll new detainees shall be issued clean, temperature-appropriate,
presentable clothing during in-processing."166 New detainees shall also be issued "clean
bedding, linens and towel."167 As for "exchange requirements," the Standards state:
Detainees shall be provided with clean clothing, linen and towels on a
regular basis to ensure proper hygiene. Socks and undergarments will be
exchanged daily, outer garments at least twice weekly and sheets, towels
and pillowcases at least weekly.168
The Standards further add that "[i]ndividual facilities may institute their own clothing,
linen and towel exchange policy and procedures, provided the standards in this policy are
met."169
BCJ has technically implemented this section of the Standards. Inmates at
BCJ may launder their uniforms twice a week. The detainees can also launder their linen
twice a week. One detainee reported that the facility exchanges undergarments daily.170
162

Notes of delegation member
(b)(6)
Notes of delegation member
164
Notes of delegation member
165
Detention Operations Manual, Detainee Services, Standard 10, Section III.A.
166
Detention Operations Manual, Detainee Services, Standard 10, Section III.B.
167
Detention Operations Manual, Detainee Services, Standard 10, Section III.C.
168
Detention Operations Manual, Detainee Services, Standard 10, Section III.E.
169
Detention Operations Manual, Detainee Services, Standard 10, Section III.E.
170
Notes of delegation member
.
(b)(6)
163

21

Detainees also receive hygiene products from the jail, although one detainee mentioned
that deodorant was not included in the hygiene kit given to detainees.171 They may also
purchase additional hygiene products from the commissary. One detainee interviewed
reported that upon arrival at BCJ she received clothes that were much too big for her
petite frame. She filled out three requests for new, smaller, clothes, but has not received
any.172 Another detainee, however, said that she has encountered no problems in
receiving new clothing items upon request.173
J.

Religious Services

The Detention Standards require that detainees of different religious beliefs be
provided with reasonable and equitable opportunities to participate in the practices of
their respective faiths.174 According to the Standards, these “opportunities will exist for
all equally, regardless of the number of practitioners of a given religion, whether the
religion is ‘mainstream,’ whether the religion is ‘Western’ or ‘Eastern,’ or other such
factors. Opportunities will be constrained only by concerns about safety, security, the
orderly operation of the facility, or extraordinary costs associated with a specific
practice.”175
Moreover, a facility’s staff shall make “all reasonable efforts to accommodate”
special food services required by a detainee’s particular religion.176 Detainees in
confinement must also be permitted to participate in religious practices, consistent with
the safety, security, and orderly operation of the facility.177
The delegation interviewees represented only two religions: Islam and
Christianity. For these faiths, the facility met the Detention Standards by allowing the
detainees access to religious materials, religious services of some sort, and the
opportunity to have group sessions (e.g. bible studies). The interviewees also noted that
they did not face harassment based on their faith.178
The interviewees did raise some important concerns. First, a detainee who
practices Islam complained that the religious food choice was not adequate because it
was always a vegetarian choice.179 According to this detainee, the facility forced him to
be a vegetarian and he was concerned that this meatless diet was an unhealthy choice.
Besides having issues with the religious food choice, this detainee also noted that there
presently was no ICE-detainee access to an Imam even though an Imam visited with the
prisoners.
171

Notes of delegation member
(b)(6)
Notes of delegation member
173
Notes of delegation member
174
Detention Operations Manual, Detainee Services, Standard 14, Section I.
175
Detention Operations Manual, Detainee Services, Standard 14, Section I.
176
Detention Operations Manual, Detainee Services, Standard 14, Section III.M.
177
Detention Operations Manual, Detainee Services, Standard 14, Section III.O.
178
(b)(6)
Notes of delegation members
172

(b)(6)

179

Notes of delegation members

(b)(6)

22

K.

ICE Presence at the Facility

The Detention Standards require procedures to be in place "to allow for formal
and informal contact between key facility staff and ICE staff and ICE detainees and to
permit detainees to make written requests to ICE staff and receive an answer in an
acceptable time frame."180 The Standards require that both weekly visits be conducted
by ICE personnel and that "regular unannounced (not scheduled) visits" be conducted by
the ICE OIC, the Assistant OIC, and designated department heads. 181 The purpose of
such visits is to monitor housing conditions, interview detainees, review records, and
answer questions for detainees who do not comprehend the immigration removal
process.182 The Standards also require that detainees "have the opportunity to submit
written questions, requests, or concerns to ICE staff."183 All facilities that house ICE
detainees must have "written procedures to route detainee requests to the appropriate ICE
official" and must assist detainees "who are disabled, illiterate, or know little or no
English."184 Moreover, the Standards require that detainee requests be forwarded to the
appropriate ICE office within 72 hours and "answered as soon as possible or practicable,
but not later than 72 hours from receiving the request."185
ICE has implemented this section of the Standards at BCJ. An ICE officer
was present at the facility on the date of the delegation's visit, and a detainee indicated
that there are weekly ICE visits to the facility.186 Detainees may submit informal
complaints and inquiries directly to ICE personnel.187 There are procedures in place to
assist detainees who were disabled, illiterate or unable to communicate in English. The
detainees at BCJ reported having sufficient ICE contact. One reported that most
detainees are reasonably updated about the status of their cases and their detention.188
V.

RECOMMENDATIONS

The Bristol County Jail facility has not fully implemented a number of the sections of the
ICE Detention Standards. The delegation recommends the following proposals so that
the facility may fulfill its obligations under the Standards:
Visitation
 BCJ should permit contact visits between detainees and their children;

180

Detention Operations Manual, Staff-Detainee Communications, Section I.
Detention Operations Manual, Staff-Detainee Communications, Section III.A.
182
Detention Operations Manual, Staff-Detainee Communications, Section III.A.
183
Detention Operations Manual, Staff-Detainee Communications, Section III.B.
184
Detention Operations Manual, Staff-Detainee Communications, Section III.B.
185
Detention Operations Manual, Staff-Detainee Communications, Section III.B.1.
186
Notes of delegation member
187
Notes of delegation member
(b)(6)
188
Notes of delegation member
181

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alternate arrangements should be available for visitors who are unable to come
during regular visiting hours; the option to make alternate arrangements should be
made known to the detainees.

Telephone Access
 BCJ should install privacy panels or otherwise place telephones so that detainees
can make legal phone calls without being overheard by others; and
 BCJ should not monitor, in any manner whatsoever, legal phone calls (absent a
court order); BCJ should provide detainees with the procedure for obtaining an
unmonitored call for legal purposes.
Access to Legal Materials
 The BCJ facility needs to have a central library where detainees have room to
read and review legal materials and privacy in researching cases and immigration
law to help their situation;
 if a central law library is not feasible, BCJ should install more computers in each
housing unit; one computer workstation per fifty detainees is not sufficient;
 BCJ should update its legal materials, make printed materials more accessible to
all detainees, and provide access to all of the legal materials listed in the
Detention Standards; BCJ should also replace all damaged, destroyed, and stolen
materials;
 the library in the female housing unit should be equipped with immigration law
books and materials;
 female detainees should have more access to the library and the use of legal
materials and no one should be forced to choose between recreation time or use of
the library;
 if the library is limited to a computer workstation, then training should be given to
all detainees on how to use the computers and what information can be found
there;
 legal dictionaries and related materials should be available to detainees that are
not fluent in English; and
 BCJ should assign an employee to organize, update, and request legal materials.
Group Rights Presentations
 BCJ should comply with the Standards by prominently displaying posters
of upcoming group rights presentations; and
 BCJ should periodically show the "Know Your Rights" video created by
the Florence Project and distributed by ICE.
Recreation
 BCJ should ensure that no detainee must chose between recreation and
basic law library privileges;
Medical Treatment

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treatment should not be delayed to detainees with temporary or nonchronic medical conditions;
medicine should not be denied to detainees with non-life-threatening,
temporary or non-chronic medical conditions; and
BCJ personnel should provide appropriate diet trays to detainees with
special diet restrictions.

Dental Treatment
 BCJ should provide routine dental treatment to detainees who are held in
detention for over six months, including amalgam and composite
restorations, prophylaxis, root canals, extractions, x-rays, the repair and
adjustment of prosthetic appliances and other procedures required to
maintain the detainee’s health.
Detainee Classification
 BCJ’s Inmate Handbook should include (1) an explanation of the classification
levels, with conditions and restrictions applicable to each, and (2) the procedures
by which a detainee may appeal his or her classification; and
 detainees should be housed in accordance with their classification.
Voluntary Work Programs
 BCJ should provide detainees monetary compensation for work completed
pursuant to its voluntary work program.
Detainee Grievance Procedures
 BCJ should provide translating assistance for both formal and informal
grievances;
 BCJ should indicate to the detainees the timeframe for a response to a grievance;
 BCJ should convene a grievance committee to review formal complaints in a
timely manner; and
 the BCJ Inmate Handbook should provide an explanation of the procedures for
appealing decisions to ICE and the opportunity to file a complaint about officer
misconduct directly with the Justice Department (including the phone number and
address).
Use of Force
 BCJ should document all “use of force” incidents and forward the documentation
to ICE; and
 BCJ should videotape all calculated uses of force against detainees and forward
the footage to ICE for evaluation.
Religious Services

BCJ personnel should make “all reasonable efforts to accommodate”
special food services required by a detainee’s particular religion.

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