MEMORANDUM

TO:

Victor Cerda, Acting Director, Office of Detention and
Removal, Immigration and Customs Enforcement via b6, b7C
b6, b7C , Immigration and Customs Enforcement

FROM:

American Bar Association Delegation to the Colquitt
County, Georgia, Jail1

COPY TO:
SUBJECT:

b6

, ABA Commission on Immigration

Report on Observational Tour of the Colquitt County
Jail, Moultrie, Georgia

This
memorandum
summarizes
and
evaluates
information
gathered at the Colquitt County Jail ("CCJ" or "the facility")
in Moultrie, Georgia, during the delegation's March 16, 2005,
visit to the facility.
The information was gathered via
observation of the facility by the delegation, interviews with
two detainees, and discussions with jail and Immigrations and
Customs Enforcement ("ICE") personnel.
ICE DETENTION STANDARDS
In November 2000, the Immigration and Naturalization Service
(INS), 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 pursuant to a contract or intergovernmental
service agreement ("IGSA").
The Detention Standards (the "Standards") went into effect at
ICE-operated detention facilities on January 1, 2001. ICE intended
to phase in the Standards at all of its contract and IGSA
facilities by December 31, 2002. The Standards constitute a "floor"
rather than a "ceiling" for the treatment of immigration detainees.
In other words, they are designed to establish the minimum
1

The delegation was composed of attorneys from the Atlanta office
b6
of Holland & Knight LLP, including
,
.
b6
b6
and
b6
b6
b6
b6
b6

requirements to which ICE must adhere in its facilities. Each Field
Office or Officer-in-Charge has discretion to promulgate polices and
practices affording ICE detainees more enhanced rights and
protections, beyond those provided for by the Standards.
Effective March 1, 2003, the INS ceased to exist as an
agency of the Department of Justice. The INS' previous
immigration
enforcement
functions
were
transferred
to
Immigration and Customs Enforcement ("ICE"), a division of the
newly-created Department of Homeland Security ("DHS").
INTRODUCTION
The Delegation's March 16 Visit
On Wednesday, March 16, 2005, the members of our delegation
met with several members of CCJ's staff and a representative from
b6, b7C
b6, b7C
the ICE office in Atlanta:
Lt.
and Sgt.
b6, b7C
b6, b7C
of the Colquitt County Sheriff's Office and
b6, b7C
of ICE. Jail Liaison Officer
led our delegation
on a tour of the facilities and participated in pre- and posttour discussions. The delegation also met with other CCJ
personnel along the tour. The delegation appreciates the
cooperation
of
these
individuals.
They
were
direct
and
accommodating during our tour of the facility and in response to
requests for additional information.
Our report is based on the discussions we had with these CCJ
and ICE employees, as well as observations of the facility and an
interview with two immigration detainees. In many instances, the
detainees' reports were compatible with statements made by
facility personnel and/or our observations. In such cases, the
CCJ
policy
and
procedures
successfully
implemented
the
Standards. However, in certain instances, the detainees' reports
conflicted with statements made by facility personnel. Where we
were unable to verify the conflicting reports, the delegation was
unable to conclusively determine Standards implementation.
General Information about the Colquitt County Jail
The Colquitt County Jail houses federal immigration detainees
according to an intergovernmental service agreement ("IGSA") with
ICE. According to the CCJ personnel, the facility has a current
population of about 200, 39 of whom were immigration detainees.
CCJ houses primarily males; at the time of our visit there
were 24 women but no women among the ICE detainees. The facility
personnel said that the facility housed immigration detainees
2

from many different countries, but the majority were from Latin
American countries.
It is unclear exactly how many of the immigration detainees
housed at CCJ have criminal records, although it appears from our
discussions with CCJ personnel and the detainees that many have
prior criminal records. Both detainees indicated that they had
prior criminal records, but that they had served their sentences
and were at CCJ only for immigration proceedings.
Both were
quite eager to return to their home countries.
IMPLEMENTATION OF LEGAL ACCESS STANDARDS
A.

Legal Access/Visitation
1.

Visitation by Attorneys

The
Standards
suggest
that
facilities
permit
legal
visitation seven days per week.2 Attorneys should have access to
their clients eight hours per day during the week and four hours
per day during the weekend.3
The visits must be private, and
should not be interrupted for head counts.4 Facilities should
establish a procedure by which attorneys may call to determine
whether a detainee is housed in a particular facility.5
Detention centers should permit visits for attorneys, other
legal representatives, legal assistants, and interpreters.6
CCJ has implemented most of this section of the Standards.
Because CCJ’s detainees are either awaiting deportation or are
only
temporarily
detained
at
the
facility
before
being
transferred to another location, the use of attorneys by
detainees is not very high.7
Accordingly, there is no formal
schedule of attorney visitation at CCJ.8 However, both the CCJ
employees and the detainees we interviewed confirmed that
2

Detention Operations Manual,
Section III.I.2.
3
Detention Operations Manual,
Section III.I.2.
4
Detention Operations Manual,
Section III.I.9.
5
Detention Operations Manual,
Section III.I.6.
6
Detention Operations Manual,
Section III.I.3.
7
Notes of delegation member
8
Notes of delegation member

Detainee Services, Standard 17,
Detainee Services, Standard 17,
Detainee Services, Standard 17,
Detainee Services, Standard 17,
Detainee Services, Standard 17,
b6

3

attorney visitation is openly permitted at the facility.9 Legal
visits to detainees may be made by attorneys, law students,
legal assistants, interpreters, and any other visitor who has a
legitimate legal reason to visit detainees.10
Attorneys are required to present their bar identification
cards upon arrival at the facility for a visit with a detainee.11
One "contact" room in the facility is designated for attorney
visits, but others can be made available if necessary.12
According to the CCJ employees we interviewed, one room is
Attorneys
sufficient for the current needs of the facility.13
are allowed to continue a visit through a count or a meal
break.14 Additionally, if a visit continues through a meal, the
detainee will have the option to get the meal after the visit
concludes.15
Detainees are subject to strip searches after
attorney visits, but only if CCJ employees have probable cause
Independent medical service
to conduct a strip search.16
providers and other experts are also allowed to visit detainees
and such visits are subject to the same conditions as attorney
visits.17
Our interview with the detainee revealed several possible
areas in which detainee standards are not being met by CCJ, or
at least a lack of communication. A detainee stated that he is
not aware of the hours of attorney visitation; however, he
admitted that he has never had to use an attorney at CCJ
himself.18
As a result, he could not answer many of the
questions about the actual procedure for attorney visits and any
restrictions on such visits.19 The detainee stated also that he
has been transferred to and from courts by bus with arm and leg
restrictions and sometimes without food during eight hour bus
rides (non-court transfers).20
Finally, the detainee was not
aware of any pro bono legal services in the area.21
The fact
9
10
11
12
13
14
15
16
17
18
19
20
21

Notes
Notes
Notes
Notes
Notes
Notes
Notes
Notes
Notes
Notes
Notes
Notes
Notes

of
of
of
of
of
of
of
of
of
of
of
of
of

delegation
delegation
delegation
delegation
delegation
delegation
delegation
delegation
delegation
delegation
delegation
delegation
delegation

member
member
member
member
member
member
member
member
member
member
member
member
member

b6

4

that attorney use at CCJ is low, combined with the fact that the
detainee we interviewed has not used an attorney himself while
detained at CCJ, could explain why the detainee did not know all
of the attorney visitation procedures.22
2.

Visitation by Family and Friends

The detainee we interviewed has never had visits from
family or friends.23 Indeed, because most of the detainees have
no family or friends in the area and are at CCJ for such a short
time, visitors are unlikely.
Accordingly, detainees did not
know much about the rules and regulations of CCJ in connection
with such visits.24 Aside from the fact that contact visits are
not allowed, there seemed to be no barriers.
B.

Telephone Access
1.

General Requirements

The Standards suggest that facilities provide detainees
with reasonable and equitable access to telephones during
established facility waking hours. In order to meet this
requirement, facilities must provide at least one telephone to
every 25 detainees.
This standard seems to have been met at CCJ. Each housing
unit has its own set of phones for ten to twenty detainees in a
unit.
Calls may be made from 8 a.m. to 5 p.m.
CCJ uses the
pre-programmed phone system for detainees’ free calls to the
consulate and a few legal services.
Officers stated that they
offer to program the detainee’s attorney’s phone number into the
pre-programmed phone so that the detainee may make free calls to
his attorney from the phone. The instructions for the preprogrammed phones are posted next to them in English only. The
phones in the housing units are separated by a partition but are
along a hallway. Although the phones are not in the main area,
they are not completely private. Legal calls are not monitored
or recorded.
2. Direct v. Collect Calls
The Standards allow facilities to restrict calls generally
to collect calls; however the facility must permit detainees to
22
23
24

Notes of delegation member
Notes of delegation member
Notes of delegation member

b6

5

make direct calls to the local immigration court and the Board
of Immigration Appeals, federal and local courts, consular
officials, legal services providers, government offices, and to
family members in case of emergency.
The facility shall not
require indigent detainees to pay for these types of calls if
local, nor with non-local calls if there is a compelling need.
In addition, the facility should allow detainees to make calls
to the ICE list of free legal service providers and consulates
at no charge to the detainee or the receiving party.
This standard is followed at CCJ.
The facility uses
Evercom as its telephone service provider for detainee calls.
Normally detainees must purchase debit cards to make phone
calls. Detainees are also allowed to call collect. Local calls
cost $2.70 for a twenty minute call.
Detainees are limited to
twenty minutes on phone calls before the phone cuts off. There
is no limit on legal calls or calls to the consulate, and if
detainees are using the pre-programmed system, the phone will
not cut off after twenty minutes.
Only a few legal service
providers are programmed into the phone and posted next to it.
These are the only legal service providers in the area and there
is less demand at this facility, due to the briefness of the
detainees’ detention.
One of the detainees interviewed stated
that this was the first facility he had been to where the preprogrammed system actually functioned as it was supposed to.
The detainee further stated that detainees may request to have a
private phone call with their attorneys if desired.
3.

Incoming Calls and Messages

The Standards suggest that facilities take and deliver
messages from attorneys and emergency incoming telephone calls
to detainees as promptly as possible. If the facility receives
an emergency phone call for a detainee, the Standards suggest
that the facility obtain the caller’s name and number and permit
the detainee to return the emergency call as soon as possible.
CCJ has met these standards.
The facility takes and
delivers phone messages from attorneys, as well as friends and
relatives.
The officer answering the phone inquires as to the
nature of the call. Unless it is an emergency or a call from the
detainee’s attorney, the detainee is given the message and must
return the call later using his collect-call phone card. There
is no formal procedure for taking and delivering emergency calls
and messages but officers stated that detainees are informed
immediately if there is an emergency.

6

4.

Telephone Privileges in Special Management Unit

The Standards provide that detainees in the Special
Management Unit for disciplinary reasons shall be permitted to
make direct and/or free calls, except under compelling security
conditions.
CCJ has implemented these standards. Detainees in the SMU
receive the same access to telephones as other detainees.
C.

Access to Law Library
1.

Access

The Standards suggest that each facility shall have a
flexible schedule for law library use that permits all detainees,
regardless of housing or classification, to use the law library
on a regular basis.25
Additionally, each detainee shall be
permitted to use the law library for a minimum of five hours per
week.26
CCJ has implemented this section of the Standards.
CCJ
permits all detainees to use the law library upon request.
It
should be noted, however, that due to the fact that CCJ holds
detainees who have either recently arrived whose proceedings are
concluded and who are awaiting deportation, very few detainees
ever use the library for legal research.
2.

Library Conditions

The Standards suggest that a facility provide a law library
with sufficient space to facilitate detainees’ legal research and
writing.27
Furthermore, it must be large enough “to provide
reasonable access to all detainees who request its use. It shall
contain a sufficient number of tables and chairs in a well-lit
room, reasonably isolated from noisy areas.”28

25

Detention Operations
Section III.G.
26
Detention Operations
Section III.G.
27
Detention Operations
Section III.A.
28
Detention Operations
Section III.A.

Manual, Detainee Services, Standard 1,
Manual, Detainee Services, Standard 1,
Manual, Detainee Services, Standard 1,
Manual, Detainee Services, Standard 1,

7

CCJ has implemented this section of the Standards.
CCJ
provides a law library, and it is well lit, has ample space, and
is isolated from noise and foot traffic.29 Specifically, the
library provides access to one computer, a table with four
chairs, typewriter, and a photocopy machine.
Additionally, the
library is located in an enclosed room that is as free of
distractions and noise as possible in a jail.

3.

Materials Identified in the Detention Standards

The Standards state that all facility law libraries should
contain the materials listed in Attachment A to the chapter on
Access to Legal Materials.30
These materials must be updated
regularly, and information must be added on significant
regulatory
and
statutory
changes
regarding
detention
and
Damaged or stolen
deportation of aliens in a timely manner.31
materials must be promptly replaced.32
CCJ has implemented this section of the Standards.
CCJ
provides its immigration detainees with computer access (no
internet access).
Loaded into the computer are two CDs
containing immigration cases. ICE also contracts with LexisNexis
to maintain all the materials listed in attachment A loaded
directly into the computer (see infra). LexisNexis updates these
b6, b7C
materials every five to six months.
of ICE is charged
with ensuring that all materials are available to the detainees,
and if any materials are lost or are not available, he is charged
with replacing those materials or obtaining them anew. CCJ also
maintains separate hard copies of the majority of the materials
required by the Standards as a backup for use by the detainees if
the computer is not functioning (see infra).
4.

Computer Access, Equipment and Holdings

The Standards suggest that facility law libraries provide
an adequate number of typewriters and/or computers, writing
implements, paper, and office supplies to enable detainees to

29

b6
Notes of delegation member
Detention Operations Manual, Detainee Services, Standard 1,
Section III.C.
31
Detention Operations Manual, Detainee Services, Standard 1,
Section III.E.
32
Detention Operations Manual, Detainee Services, Standard 1,
Section III.F.

30

8

prepare documents for legal proceedings.33
The Standards state
that the library should provide one typewriter or computer per
five detainees, and writing materials as needed.34
While the facility has taken steps to meet the requirements
set forth in this section of the Standards, it has not fully
implemented this section. CCJ has one computer and one
typewriter in its law library.35 As CCJ housed approximately 39
ICE detainees upon this visit, the sole computer and typewriter
did not meet the requirements set forth, supra.36 The delegation
was informed that the computer contained all of the materials
identified in the ICE law library, and guides demonstrated use
of
the
computer
by
accessing
these
materials
for
the
delegation.37 While we did not view every document, the computer
appeared to be equipped with Lexis/Nexis materials, immigration
law materials updated via disk every five to six months,
BIA
opinions which are updated every three months, and copies of
"Know Your Rights" in both English and Spanish.38 Detainees are
not allowed to save information on diskettes, although they can
save items directly on the hard drive, as long as these
documents are not "protected," meaning that the detainees cannot
insure that any documents stored on the computer will not be
read by CCJ officers.39 Additionally, there is no printer in the
library for detainees to print their materials, although ICE
officials noted that they were "in the process" of providing a
printer to the facility.40
Because CCJ holds mostly detainees
that are awaiting deportation very few, if any, ever utilize
these tools to prepare legal documents.
The delegation noted that physical copies of the books
required by the Standards were housed in one of the CCJ offices,
which, according to CCJ officials, prevented the materials from
being destroyed by detainees.41
It is unclear, however, if
detainees are aware that these books exist; the two who were
interviewed did not know about them.
33

Detention Operations Manual, Detainee Services, Standard 1,
Section III.B
34
Detention Operations Manual, Detainee Services, Standard 1,
Section III.B
35
b6
Notes of delegation member
36
Notes of delegation member
b6
37
b6
Notes of delegation member
38
b6
Notes of delegation member
39
b6
Notes of Delegation member
40
Id.
41
Id.
9

Detainees are allowed to retain their legal materials,
which, in the case of CCJ, consist of any copies a detainee
makes.42
CCJ allows a detainee to use "common sense" with the
retention of these materials, as long as the detainee can store
them all in his personal space.43 Boxes of materials, or amounts
large enough to constitute a "fire hazard" are not allowed to be
stored by detainees in their pods. However, CCJ allows detainees
to leave excess materials in storage as "personal property"
where they are available upon request.44
5.

Photocopies

The Standards provide that each facility shall ensure that
detainees can obtain photocopies of legal materials, when such
copies are reasonable and necessary for legal proceedings
involving the detainee.45 Enough copies must be provided so that
a detainee can fulfill court procedural rules and retain a copy
for his records.46
Facility personnel may not read a document
that on its face is clearly related to a legal proceeding
involving the detainee.47
CCJ has implemented this section of the Standards.
Detainees at CCJ may make copies without limitation of legal
documents as long as the request is reasonable.
Indigent
detainees are permitted to make copies free of charge.
6.

Group Rights Presentations

The Standards provide that facilities with ICE detainees
"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 the IGSA facility.48 Informational posters
are to be prominently displayed in the housing units at least
42

Notes of Delegation member
Notes of delegation member
44
Id.
45
Detention Operations Manual,
Section III.J.
46
Detention Operations Manual,
Section III.J.
47
Detention Operations Manual,
Section III.J.
48
Detention Operations Manual,
Section I.

b6, b7C

43

Detainee Services, Standard 1,
Detainee Services, Standard 1,
Detainee Services, Standard 1,
Detainee Services, Standard 9,

10

forty-eight hours in advance of a scheduled presentation.49
While presentations are open to all detainees, the facility "may
limit the number of detainees at a single session.50 "The
facility shall select and provide an environment conducive to
the presentation, consistent with security."51 In addition,
detainees shall have regular opportunities to view an "INSapproved videotaped presentation of legal rights."52
As CCJ has never had a request for a Group Rights
Presentation, we are unable to ascertain if this section of the
Standards has been substantially implemented.53 While the
facility has the "Know Your Rights" materials in hard copy and
on its sole computer, CCJ does not have a copy of the "Know Your
Rights" video because ICE did not have sufficient quantities to
distribute to all facilities.54
OTHER GENERAL OBSERVATIONS UNRELATED TO THE LEGAL ACCESS
STANDARDS
A.

Access to Medical Care

Each facility should maintain current accreditation by the
Facilities
National Commission on Correctional Health Care.55
should provide each detainee with an initial medical screening,
primary medical care, routine dental check-ups, and emergency
care.
Each facility should have an arrangement with a nearby
facility to provide health care services not provided at the
detention facility.
A physician or qualified medical officer
should be available to examine detainees.
At a minimum, the
sick calls for facilities with 50 or fewer detainees should be
scheduled at least one day per week.56 Additionally, an initial
dental screening exam should be performed within 14 days of the
detainee's arrival.57
49

Detention Operations Manual, Detainee Services, Standard 9,
Section III.C.
50
Detention Operations Manual, Detainee Services, Standard 9,
Section III.C.
51
Detention Operations Manual, Detainee Services Standard 9,
Section III.E.
52
Detention Operations Manual, Detainee Services, Standard 9,
Section III.I.
53
b6
Notes of delegation member
54
Id.
55
Detention Operations Manual, Standard 24.
56
Detention Operations Manual, Standard 24.
57
Detention Operations Manual, Standard 24.
11

While the facility does have on-site medical care available
for sick call more than once a week, it does not appear that the
facility complies with the Standards relating to initial medical
screenings and dental screenings. Those screenings occur at the
facilities from which the detainees are transferred.

b6, b7C
Sergeant
provided much of the information
concerning detainees' access to medical care. The facility
recently contracted with South Georgia Health to provide on-site
medical care. There is a nurse on staff from 7 a.m. until at
least 7 p.m. and a physician assistant is on-site twice a week.
There are no mental health counselors on site.

Any services that cannot be provided at the facility,
including mental health services, will be provided off-site via
a contract with the United States Public Health Service (USPHS).
The facility sends a request to USPHS, and USPHS, much like an
HMO, determines whether further treatment is necessary and, if
so, where the detainee should receive treatment. If the detainee
is denied treatment, he or she may appeal through the USPHS.
B.

Detainee Classification

The Standards suggest that detention facilities use a
classification system and physically separate detainees in
different categories.58
A detainee's classification is to be
determined on "objective" criteria, including criminal offenses,
escape attempts, institutional disciplinary history, and violent
incidents.59 Opinions, unconfirmed and unverified information,
and physical characteristics and appearance are not to be taken
into account.60 Classification is required in order to separate
detainees with no or minimal criminal records from inmates with
serious criminal records.61

58

Detention Operations Manual, Detainee Services, Standard 4,
Section I.

59

Detention Operations Manual, Detainee Services, Standard 4,
Section III.D.
60
Detention Operations Manual, Detainee Services, Standard 4,
Section III.D.
61
Detention Operations Manual, Detainee Services, Standard 4,
Sections III.A. and III.E.
12

It appears that the facility has substantially implemented
this section of the Standards.
The information we obtained
b6, b7C
concerning classification came from
, the ICE
Supervisory Detention Officer.
According to Johns, detainees
are classified as L-1 (purely administrative, i.e., overstayed a
visa), L-2 (low for a misdemeanor, high for drug trafficking or
felony), and L-3 (violent offenders) based on security risk.
There is no other method of classification used. L-1 and low L2 detainees are housed together; high L-2 and L-3 detainees are
housed together. Detainees who are HIV-positive are not
segregated. ICE detainees are not commingled with criminal
inmates.
C.

Immigration Court

b6, b7C
According to
from ICE, there is no immigration
court on-site because the detainees are housed at the facility
on a temporary basis awaiting transfer to another facility or
deportation.
There are pro bono legal services available to
detainees, telephone numbers for which are pre-programmed into
the phones the detainees may use.
Further, the detainees may
request to have their attorneys' numbers pre-programmed into the
phones.

D.

ICE Presence

The Standards suggest that procedures 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 inquiries to ICE staff and receive an answer in an
acceptable time frame."62
The Standards suggest 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.63
It appears that the facility has partially implemented this
portion of the Standards. The facility does not have an on-site
ICE presence, but ICE is available by phone.
ICE visits the
facility at least twice a week related to transports, and b6, b7C
b6, b7C
performs periodic unannounced site visits.
No visitation
schedule is provided to the facility staff or posted.
If a
detainee wishes to contact ICE staff, the detainee must fill out
b6, b7C
a request form.
Lieutenant
reads the request forms
62

Detention Operations Manual, Detainee Services, Standard 15,
Section I.
63
Detention Operations Manual, Standard 15, Section III.A.
13

before calling ICE because many of the detainees' requests can
be disposed of without involving ICE.
Detainee requests are
forwarded to ICE within 72 hours if not resolved in-house.
If
resolved in-house, the request is never forwarded to ICE.
b6, b7C
According to Lieutenant
the request is filed in the
detainee's file. If the request is forwarded to ICE, ICE keeps
a copy in the office, according to
.
b6, b7C

# 2736497_v1

14

, and

b6

*Standards are Detainee Services Standards unless otherwise indicated.
ICE Standard
Standard 17, Visitation
III.B. Notification. The facility shall provide
written notification of visitation rules and hours
in the detainee handbook …. The facility shall
also post these rules and hours where detainees
can easily see them.
Standard 17, Visitation
III.I.14. Pro Bono List. INS shall provide the
facility with the official list of pro bono legal
organizations, which is updated quarterly by
the EOIR. The facility shall promptly and
prominently post the current list in detainee
housing units and other appropriate areas.
Standard on Detainee Transfer and Security
III.H.2. Food During Transfer. During
transfers, food shall be provided to detainees in
accordance with the “Meals” section of the
Detention Standard “Transportation (Land
Transportation).” This standard requires,
among other things, that the transporting
officers will provide meals and snacks during
any long-distance transfer that exceeds six
hours.
Standard 1, Access to Legal Material
III.B. Equipment. The law library shall provide
an adequate number of typewriters and/or
computers . . . to enable detainees to prepare
documents for legal proceedings.

Delegation Observation

Source

Detainee indicated he was not aware of hours
of attorney visitation (p.4 ¶3).
Detainee also stated that he has never had to
use an attorney at CCJ (id.).

Detainee
interview

Detainee indicated he was not aware of any
pro bono legal services in the area (p.4 ¶3).
Detainee also stated that he has never had to
use an attorney at CCJ (id.).

Detainee
interview

Detainee indicated he was sometimes
transferred without food during eight hour bus
rides that were “non-court transfers” (p.4 ¶3).

Detainee
interview

The law library has one computer, for which
there is no printer, and one typewriter (p.9
¶2). There were 39 immigration detainees at
the time of the tour, of a population of about
200 (p.2 ¶5).

Delegation
observations

ICE Response

b6

b6

,

b6

b6

b6

b6

Facility Name: Colquitt County Jail, Moultrie, Georgia
Date of Tour: March 16, 2005
Tour Participants: Holland & Knight LLP attorneys

The facility does not provide initial medical
and dental screenings (p.12 ¶1).
Screenings occur at the facilities from which
the detainees are transferred (id.).

Delegation
observations;
information from
Sergeant

Facility houses “high L-2” detainees
(including those with drug trafficking or
felony convictions) with “L-3” detainees
(violent offenders) (p.13 ¶1).

Delegation
observations;
information from
ICE Supervisory
Detention Officer

To contact ICE staff, detainees must fill out
request forms. Lieutenant
r reads the
request forms before calling ICE. Requests
that are resolved in-house are never
forwarded to ICE (p.13 ¶4 – p.14).

Delegation
observations

b6, b7C

Delegation
observations

b6, b7C

The facility does not have a copy of the
“Know Your Rights” video because ICE did
not have sufficient quantities to distribute to
all facilities (p.11 ¶2).
The facility has never had a request for a
group rights presentation (id.).

b6, b7C

b6, b7C

Standard 9, Group Presentations on Legal Rights.
III.I. Videotaped presentations. The facility
shall play INS-approved videotaped
presentations on legal rights, at the request of
outside organizations. … The facility shall
provide regular opportunities for detainees in
the general population to view the videotape.
Health Services Standard 2, Medical Care.
III.A. Every facility will provide its detainee
population with initial medical screening, costeffective primary medical care, and emergency
care.
III.E. Dental Treatment. An initial dental
screening exam should be performed within 14
days of the detainee’s arrival.
Standard 4, Detainee Classification
III.E.2. Level 2 Classification. May not include
any detainee whose most recent conviction was
for any offense listed under the "HIGHEST"
section of the severity of offense guideline
(APPENDIX 1 [includes: “Assaulting any
person”]). … May not include any detainee
with a pattern or history of violent assaults,
whether convicted or not.
III.F. The classification system shall assign
detainees to the least restrictive housing unit
consistent with facility safety and security.
Standard 15, Staff-Detainee Communication.
III.B. All detainees shall have the opportunity
to submit written questions, requests, or
concerns to ICE staff …. The detainee request
shall be delivered to ICE staff by authorized
personnel (not detainees) without reading,
altering, or delay.

16

17