INS Detention Standards Compliance Audit - Dodge County Detention Facility, Juneau, WI, 2004

• May 27, 2016 • Locations: United States of America -> Wisconsin • Topics: Corrections Audits, Immigration

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Detention Standards Implementation Initiative

ABA Commission on Immigration

Facility Name: Dodge County Detention Facility
Date of Tour: June 24, 2004
Tour participants:

ICE Standard
Telephone Access
 III.B. “[The facility] shall post these
rules where detainees may easily see
them”


III.G “Staff shall permit detainees in the
Special Management Unit for
disciplinary reasons to make direct
and/or free calls” “Staff shall permit
detainees in Special Magament Unit for
other than disciplinary reasons…to have
telephone access similar to detainees in
the general population”
Disciplinary Segregation
 III.D.19 “Detainees in disciplinary
segregation shall be restricted to
telephone calls for the following
purposes: a) calls pertaining to the
detainees immigration case or other legal
matters…b) calls to consular/embassy
officials”
Access to Legal Materials
 III.G “The facility shall…permit all
detainees, regardless of housing or
classification, to use the law library on a
regular basis”
 III.N “Detainees housed in
…Segregation units shall have the same
law library access as the general
population, unless compelling security
concerns require limitations.”
 III.C “The library shall contain the
materials listed in Attachment A”

Tour Observation




(Latham & Watkins)

(b)(6)

Source

ICE Response
Was not
found
deficient in
2004 review.

The delegation did not observe any
notification near the phones of the
ability to place direct calls, nor was
there an indication that DCDF was
aware of any preprogrammed
technology. (p7, line 8)
Detainees in disciplinary segregation
do not have access to telephones (p8,
line 23)



According to delegation
observations and conversations
with Supervisor (b)(6), (b)(7)c



According to the DCDF Inmate
Handbook & Jail Rules at p22

Was not
found
deficient in
2004

The delegation observed that not all
detainees have access to the law
library, rather access was dependent on
classification (p9, line 17)
Detainees in disciplinary segregation
must provide a statute citation in
writing to receive a copy of the
information (p9, line 20)



According to delegation
conversations with facility staff
and the DCDF Inmate Handbook
& Jail Rules at p19

Was not
found
deficient in
2004

The delegation found that the
secondary resources, listed in the
attachment to the Standard are not



According to delegation
observations

Was not
found

Detention Standards Implementation Initiative

ABA Commission on Immigration
available (p10, line 16)



III.K “The facility shall permit detainees
to assist other detainees in research and
preparing legal documents upon request”



The facility prohibits detainees from
assisting each other in legal research or
case preparation (p11, line 11)



According to the DCDF Inmate
Handbook & Jail Rules at p19

deficient in
2004
Was not
found
deficient in
2004

Sears Tower, Suite 5800
233 S. Wacker Dr.
Chicago, Illinois 60606
Tel: (312) 876-7700 Fax: (312) 993-9767
www.lw.com
FIRM / AFFILIATE OFFICES

M E M O R AN D U M

August 31, 2004

To:
From:
Copies to:
Subject:

Boston

New Jersey

Brussels

New York

Chicago

Northern Virginia

Frankfurt

Orange County

Hamburg

Paris

Hong Kong

San Diego

London

San Francisco

Los Angeles

Silicon Valley

Milan

Singapore

Moscow

Tokyo
Washington, D.C.

Victor Cerda, Acting Director, Office of Detention and Removal, Immigration and
Customs Enforcement
American Bar Association Delegation to the Dodge County Detention Facility 1
(b)(6)
, ABA Commission on Immigration
Report on Observational Tour of the Dodge County Detention Facility, Juneau,
Wisconsin

This memorandum summarizes and evaluates information gathered at the Dodge County
Detention Facility (“DCDF” or “the facility”) in Juneau, Wisconsin, during the delegation’s June
24, 2004 visit to the facility. The information was gathered via observation of the facility by the
delegation, an interview with a detainee, and discussions with DCDF and Immigration and
Customs Enforcement (“ICE”) personnel.
I.

ICE DETENTION STANDARDS

In November 2000, the 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 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

The delegation was comprised of attorneys and summer associates from the Chicago office of Latham & Watkins
LLP, including
(b)(6)
2

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

establish the minimum 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.
II.

INTRODUCTION
A.

The Delegation’s June 24th Visit.

On Thursday, June 24, 2004, the members of our delegation met with several members of
DCDF’s staff and a representative from the ICE office in Juneau, Wisconsin. Jail Administrator
(b)(6), (b)(7)c
(b)(6), (b)(7)c
, and Supervisor
and ICE Deportation Officer/Jail Liaison
(b)(6), (b)(7)c
Officer
led our delegation on a tour of the facilities and participated in posttour follow-up discussions. The delegation also met with other DCDF 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 post-tour requests for additional
information.
Our report is based on the discussions we had with these DCDF and ICE employees, as
well as observations of the facility and an interview with one immigration detainee. In many
instances, the detainee’s reports were compatible with statements made by facility personnel
and/or our observations. In such cases, the delegation was able to more accurately determine
whether DCDF policy and procedures successfully implemented the Standards. However, in
certain instances, the detainee’s 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.
B.

General Information About the Dodge County Detention Facility.

The Dodge County Detention Facility houses federal immigration detainees according to
an intergovernmental service agreement (“IGSA”) with ICE. According to the DCDF personnel,
the Facility has the capacity to hold over 400 individuals with a current population of 392, twothirds of whom were immigration detainees.
DCDF houses mostly males. At the time of our visit the facility personnel estimated that
only 8 women were housed there.
Further, the facility personnel said that the facility housed immigration detainees from
many different countries, but the majority were from Latin American countries, especially
Mexico. Another large proportion of the detainees come from Asian countries.
It is unclear exactly how many of the immigration detainees housed at DCDF have
criminal records, although it appears from our discussions with DCDF personnel that many have
prior criminal records, while some do not. Detainee (b)(6), (b)(7)c indicated that he had a prior
criminal record, but that he had served his sentence and was at DCDF only for immigration
proceedings.

III.

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. 3
Attorneys should have access to their clients eight hours per day during the week and four hours
per day during the weekend.4 The visits must be private, and should not be interrupted for head
counts.5 Facilities should establish a procedure by which attorneys may call to determine
whether a detainee is housed in a particular facility.6 Detention centers should permit visits from
attorneys, other legal representatives, legal assistants, and interpreters.7
DCDF has implemented most of this section of the Standards. Attorneys may visit the
detainees seven days per week, and are also offered the option of telephone conferences with
their clients.8 The attorney must initiate these phone calls, and DCDF staff does not monitor
them.9 The facility has videoconferencing equipment so that a detainee and his attorney may
conduct court hearings without leaving the premises.10 Law students and interpreters may meet
with detainees as long as DCDF has advance knowledge of their visit.11 Independent medical
service providers and experts are allowed to visit detainees, but the staff doctor must approve the
visit.12
The information given in the “DCDF Inmate Handbook and Jail Rules” (the “DCDF
Inmate Handbook”) differs from the information that the facility staff provided during the tour. 13
According to the Handbook, attorney visits are not permitted during mealtime and lockdown.14
However, the facility staff explained that DCDF discourages attorney-client visits during
mealtime, but that the kitchen will provide a regular meal to the detainee should the meeting

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.2.

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.9.

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.6.

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.3.

DCDF Inmate Handbook, p. 3; Notes of delegation member

Notes of delegation member

(b)(6)

It should be noted here that the DCDF Inmate Handbook is not specific to immigration detainees and therefore
does not reflect any policies or procedures that the facility may have implemented which are specific to detainees
and different from those for the general inmate population.
14

DCDF Inmate Handbook, p. 3.

continue through a meal.15 They also stated that attorney-client visits are permitted during head
counts.16 As long as these practices are not overly discouraged, and the detainees feel
comfortable taking advantage of them, this is a positive sign of the facility’s efforts to implement
the Standards.
Each Pod has approximately two attorney visitation booths.17 All visits are non-contact,
unless special circumstances warrant a contact visit.18 There is a Plexiglas divider between the
detainee and the attorney.19 Attorneys are not searched, and detainees are only subject to a pat
down search after a legal visit.20
Attorneys may call DCDF to determine whether their client is being housed at the
facility.21 DCDF has the capability to search for detainees by name, although they are not
permitted to disclose information beyond whether the detainee is at the facility.22
There is also a discrepancy between the Inmate Handbook and the information the
facility staff gave regarding legal mail.23 According to the Handbook, an officer may open legal
mail in the presence of the detainee.24 However, the facility staff stated that they generally do
not open legal mail.25 If it is inadvertently opened, a staff member must prepare a report about
the incident that is submitted to the detainee.26
2.

Visitation by Family and Friends

The Standards suggest that facilities establish written visitation hours and procedures,
and to make them available to the public.27 This includes procedures for handling incoming
money for detainees.28 The visiting area is to be “appropriately furnished and arranged… as
comfortable and pleasant as practicable.”29 Visiting hours shall be set on Saturdays, Sundays,
15

Notes of delegation member

on conversation with Supervisor

Notes of delegation member

on conversation with Supervisor

Notes of delegation member

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

(b)(6)

Once again, this discrepancy might be explained if the DCDF maintains different policies for immigration
detainees.
24

DCDF Inmate Handbook, p. 11.

Notes of delegation member

Detention Operations Manual, Detainee Services, Standard 17, Section III.A & B.

Detention Operations Manual, Detainee Services, Standard 17, Section III.D.

Detention Operations Manual, Detainee Services, Standard 17, Section III.G.

(b)(6)

and holidays, and the Standards encourage facilities to accommodate visitors at other times when
they are facing a particular hardship.30 Visits should be at least 30 minutes and longer when
possible.31 If a facility does not provide for visits from minors, the ICE should arrange for visits
with children or stepchildren within the detainee’s first 30 days at the facility, with continuing
monthly visits.32 Visits should be granted to detainees in both disciplinary and administrative
segregation unless a detainee violates the visitation rules or threatens the security of the visitation
room.33
DCDF has implemented most of this section of the Standards. The visitation schedule
is clearly posted at the entrance to the facility.34 Visiting hours are seven days per week, from
9:00 a.m. until 11:00 a.m., and again from 6:00 p.m. until 8:00 p.m.35 However, visitation days
are allocated according to the first letter of each detainee’s last name such that each detainee may
receive visitors two days per week.36 The Inmate Handbook caps the number of visits to two per
week, and one per day.37 The schedule ensures that each detainee may receive visitors either on
Saturday or Sunday.38 DCDF generally confines visits to these hours, but supervisors may adjust
the schedule if a detainee’s visitors face a particular hardship.39 Although visits last 30
minutes,40 supervisors may extend the visit for up to one hour.41 All visits are non-contact.42
Depending on the reason for segregation and a detainee’s behavior, a detainee in
segregation may receive visitors.43
Although the Standards do not cap the number of visitors, DCDF requires each detainee
to submit a list of 12 individuals in order to receive them as visitors.44 The detainees may make

Detention Operations Manual, Detainee Services, Standard 17, Section III.H.1.

Detention Operations Manual, Detainee Services, Standard 17, Section III.H.2.

Detention Operations Manual, Detainee Services, Standard 17, Section III.H.5.

Notes of delegation member

DCDF Inmate Visiting Schedule; DCDF Inmate Handbook, p. 16.

DCDF Inmate Handbook, p. 17.

DCDF Inmate Visiting Schedule; DCDF Inmate Handbook, p

DCDF Inmate Handbook, p. 17; Notes of delegation member

DCDF Inmate Handbook, p. 17; Detention Operations Manual, Detainee Services, Standard 1, Section III.H.1.

Notes of delegation member

DCDF Inmate Handbook, p. 17.

(b)(6)

periodic changes to their list.45 Minors may be included on this list, and may visit if
accompanied by an adult.46
Visitors may leave money for a detainee’s commissary account or send money to the
detainee through the mail.47 Both the detainee and the individual providing the money will
receive a receipt for the deposit.48
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.49 In order to meet this
requirement, facilities must provide at least one telephone for every 25 detainees.50
This standard seems to have been met at DCDF. Each housing unit has its own set of
phones and the number was approximately one phone per 15 detainees. The telephones are
accessible during open dayroom periods depending on the detainee’s classification phase
ranking.51
Instructions regarding usage of the phones are posted next to the phones in both English
and Spanish. Similarly, the phone numbers of local consulates are posted by each phone or bank
of phones in the facility.
2.

Direct vs. Collect Calls

The Standards allow facilities to generally restrict calls to collect calls;52 however, the
facility must permit detainees to make direct calls to the local immigration court and the Board
of Immigration Appeals, federal and local courts, consular officials, legal service providers,
government offices, and to family members in case of emergency.53 The facility shall not
require indigent detainees to pay for these types of calls if local, nor for non-local calls if there is
a compelling need.54 In addition, the facility should allow all detainees to make calls to the ICE

DCDF Inmate Handbook, p. 17.

Notes of delegation membe

Detention Operations Manual, Detainee Services, Standard 16, Sections I & III.A.

Detention Operations Manual, Detainee Services, Standard 16, Section III.C.

DCDF Inmate Handbook and Jail Rules, p. 16.

Detention Operations Manual, Detainee Services, Standard 16, Section III.E.

(b)(6)

list of free legal service providers and consulates at no charge to the detainee or the receiving
party.55
DCDF has not fully implemented this section of the Standards. DCDF restricts phone
calls to collect calls.56 The detainees are allowed to buy phone cards,57 but all calls are limited to
15 minutes in duration and cost $4.25 per call.58 This limit places severe restrictions on the
detainees’ ability to make calls to legal organizations and immigration advocacy organizations.
It was unclear whether detainees are able to make any direct calls to legal service providers,
courts or consular officials. The delegation did not observe any notification near the phones of
the ability to place direct calls, nor was there an indication that DCDF was aware of any
preprogrammed technology.59 The delegation is concerned that this practice may sharply curtail
the detainee’s access to his or her legal rights and his or her ability to work on his or her own
immigration case. If the facility is equipped with preprogrammed technology for direct calls as
outlined in the Telephone Access Standard, this information should be clearly posted and
communicated to detainees.
Also, during an interview with one of the detainees it was reported that the 15 minute
limit severely restricts the ability to make calls as it often takes that long or longer to connect.60
The Standards also provide that 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 automatic
cutoff, unless necessary for security purposes or to maintain orderly and fair access to
telephones.61 If time limits are necessary, they shall be no shorter than 20 minutes.62
All phone calls made by the detainee are automatically disconnected after 15 minutes.63
Though the Standards make exceptions for security purposes or to maintain orderly and fair
access to the phones, it appeared that these considerations were not a priority. Consequently, the
unrestricted access to legal calls is not being met at DCDF.
In addition, the Standards suggest that the facility ensure privacy for detainees’ telephone
calls regarding legal matters.64 DCDF has not fully implemented this portion of the Standards
either. The phones where detainees make outgoing calls are all located in the public dayrooms
with no privacy safeguards whatsoever. They are out in the open and there are no partitions. At
55

Detention Operations Manual, Detainee Services, Standard 16,

DCDF Inmate Handbook and Jail Rules, p. 16.

Notes of delegation member

on interview with detainee

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

on conversation with Supervisor
(b)(6)

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

Notes of delegation member

on conversation with Supervisor

Notes of delegation member

on interview with detainee

Detention Operations Manual, Detainee Services, Standard 16, Section F.

DCDF Inmate Handbook and Jail Rules, p. 16.

Detention Operations Manual, Detainee Services, Standard 16, Section J.

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

the very least the phone conversations can be overheard by other detainees and inmates in the
Pod, as well as supervisors in the dayrooms. Also, the detainee that our delegation interviewed
stated that all phone conversations made on the outgoing phones were recorded and monitored. 65
It should be noted, however, that there are opportunities at DCDF for detainees to have
private phone calls with attorneys. These phone calls must be initiated by the attorney
representing the detainee and normally need to be set up in advance.66 The attorney
teleconferences are held in the library of the Pod where the detainee is housed and therefore
some privacy is ensured.67 Though this practice conforms more closely to the Standards, the
detainees’ inability to make private and direct calls to attorneys does not reflect the intent of the
Standards.
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.68 If the facility
receives an emergency telephone 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.69 However, incoming phone calls and messages are not accepted at DCDF,70 with the
exception of attorney teleconferences referenced above. Similarly, the procedure for emergency
calls is to refer them to the Shift Commander on a case-by-case basis. 71
4.

Telephone Privileges in Special Management Unit

The Standards provide that detainees in the Special Management Unit (“SMU”) for
disciplinary reasons shall be permitted to make direct and/or free calls, except under compelling
security conditions.72
DCDF has not implemented this portion of the Standards. Detainees at DCDF placed
in the SMU for disciplinary reasons do not have access to the telephones.73

Notes of delegation member

(b)(6)

on conversation with Supervisor
(b)(6), (b)(7)c

(b)(6)

Notes of delegation member

Detention Operations Manual, Detainee Services, Standard 16, Section III.I.

DCDF Inmate Handbook and Jail Rules, p. 16.

Detention Operations Manual, Detainee Services, Standard 16, Section III.G.

DCDF Inmate Handbook and Jail Rules, p. 22.

on conversation with Supervisor

Access to Legal Materials.

All facilities with detainees “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.”74
The DCDF has implemented some sections of the Standards regarding access to
legal materials. However, DCDF has not implemented other sections of these Standards
and, on the whole, fails to provide immigration detainees with the requisite access to legal
materials.
1.

Access to the Library

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.75 Additionally, each detainee shall be permitted to use the law library for a
minimum of five hours per week.76
DCDF has not implemented this section of the Standards. DCDF does not permit all
detainees to use the law library. Rather, library privileges depend on the detainee’s
classification. If the detainee’s classification prohibits use of the library, and if the detainee has a
specific cite to a statute, then the detainee may submit a written request that the statute be copied
for her or him.77 The DCDF Inmate Handbook indicates that use of the library will be limited by
“inmate demand, facility schedule and safety/security guidelines.”78
2.

Library Conditions

The Standards suggest that a facility provide a law library with sufficient space to
facilitate detainees’ legal research and writing.79 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.”80
DCDF has implemented this section of the Standards. DCDF provides several law
libraries, and each is well lit, has ample space, and is well-isolated from noise and foot traffic. 81
Specifically, each library provides access to at least two computers, and each contains at least
74

Detention Operations Manual, Detainee Services, Standard 1, Section I.

Detention Operations Manual, Detainee Services, Standard 1, Section III.G.

Dodge County Detention Facility Inmate Handbook and Jail Rules, p. 19.

Detention Operations Manual, Detainee Services, Standard 1, Section III.A.

Notes of delegation member

(b)(6)

two other desks and chairs in addition to those housing the computers.82 Additionally, these
libraries are located in enclosed rooms that are free of distractions and noise.83
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.84 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. 85 Damaged or stolen materials
must be promptly replaced.86
DCDF has not fully implemented this section of the Standards. DCDF provides its
immigration detainees with computer/internet access to Loislaw and LexisNexis—no hardbound
legal resources are available.87 While Loislaw and LexisNexis provide access to numerous legal
materials, as well as current statutory and regulatory information, most of the secondary
resources listed as required by Attachment A to the chapter on Access to Legal Materials are not
available under either Loislaw or LexisNexis. For instance, the Standards state that facilities
have certain resources, including: Legal Research in a Nutshell; Directory of Nonprofit Agencies
that Assist Persons in Immigration Matters; Legal Research & Writing; Rights of Prisoners; and
Human Rights Watch-World Report.88 None of these sources is available through either Loislaw
or LexisNexis.89
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 prepare documents for legal proceedings.90
DCDF has implemented this section of the Standards. DCDF has at least two
computers available in each of its law libraries, and also provides detainees with access to
typewriters. Although the delegation interviewed only one detainee, he acknowledged that he

Notes of delegation member

Detention Operations Manual, Detainee Services, Standard 1, Section III.C.

Detention Operations Manual, Detainee Services, Standard 1, Section III.E.

Detention Operations Manual, Detainee Services, Standard 1, Section III.F.

Notes of delegation member

Detention Operations Manual, Detainee Services, Standard 1, Attachment A.

Notes of delegation member

Detention Operations Manual, Detainee Services, Standard 1, Section III.B.

(b)(6)

on conversation with Supervisor

(b)(6)

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

had sufficient access to materials should he wish to draft legal documents or conduct legal
research.91
5.

Assistance From Other Detainees

The Standards suggest that each facility permit detainees to assist other detainees in
researching and preparing legal documents upon request, except when such assistance poses a
security risk.92
DCDF has not implemented this section of the Standards. DCDF’s Jail Administrator,
indicated that detainees would receive technical assistance with the computers
93
if needed. However, detainees are not allowed to assist other detainees with research, nor
“conduct legal research for other inmates.”94
(b)(6), (b)(7)c

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.95 Enough copies must be provided so that a detainee can
fulfill court procedural rules and retain a copy for his records.96 Facility personnel may not read
a document that on its face is clearly related to a legal proceeding involving the detainee.97
DCDF has implemented this section of the Standards. Detainees at DCDF may make
copies, for five cents apiece, of all “legal, professional, and religious documents.”98
7.

Correspondence and Other Mail

The Standards suggest that detainees be allowed to send and receive correspondence in a
timely manner, subject to limitations required for safety, security, and orderly operation of the
facility.99 General correspondence shall normally be opened and inspected for contraband in the
presence of the detainee, but may be opened and even read outside the presence of the detainee if
security reasons exist for doing so.100 Special correspondence—which includes all written
91

Notes of delegation member

Detention Operations Manual, Detainee Services, Standard 1, Section III.K.

Notes of delegation member

(b)(6)

Dodge County Detention Facility Inmate Handbook and Jail Rules, p. 19.

Detention Operations Manual, Detainee Services, Standard 1, Section III.J.

DCDF Inmate Handbook, p. 19.

Detention Operations Manual, Detainee Services, Standard 3, Section III.A.

100

Detention Operations Manual, Detainee Services, Standard 3, Sections III.B. & E.

communication to or from attorneys, legal representatives, judges, courts, government officials,
and the news media—is treated differently.101 Incoming special correspondence can be
inspected for contraband only in the presence of the detainee, but it can never be read or
copied.102 Outgoing special correspondence cannot be opened, inspected, or read.103 The
Standards also suggest that facilities provide indigent detainees with free envelopes and stamps
for mail related to a legal matter, including correspondence to a legal representative, potential
representative, or any court.104 Finally, the Standards suggest that facilities to notify detainees of
specific information regarding correspondence policies.105
DCDF has not fully implemented this section of the Standards. DCDF provides all
detainees with the DCDF Inmate Handbook and Jail Rules, as well as a postcard that detainees
may send family members to inform them of DCDF’s correspondence policies. However, these
notifications do not provide the following information as required: 1) “the definition of special
correspondence, including instructions on the proper labeling for special correspondence . . . .
[and a] statement that it is the detainee’s responsibility to inform senders of special mail of the
labeling requirement.”; 2) the fact that detainees may not send or receive packages without
advance approved arrangements; 3) the fact that identity documents, such as passports and birth
certificates, are contraband and may be rejected by the facility; 4) instructions about “how to
obtain writing implements, paper, and envelopes”; and 5) “the procedure for purchasing postage
(if any), and the rules for providing indigent and certain other detainees free postage.”106
Without providing information regarding the foregoing matters, DCDF fails to meet the
notification requirements of this section the Standards. Moreover, it was not clear to the
delegation whether the DCDF has implemented the other portions of the Standards regarding
correspondence and other mail.
D.

Group Rights Presentations.

The Standards provide that facilities holding 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.”107 Informational posters are to be prominently displayed in the housing units at least
forty-eight hours in advance of a scheduled presentation.108 While the presentations are open to
all detainees, the facility “may limit the number of detainees at a single session.”109 “The facility
shall select and provide an environment conducive to the presentation, consistent with
101

Detention Operations Manual, Detainee Services, Standard 3, Sections III.B., E. & F.

102

Detention Operations Manual, Detainee Services, Standard 3, Sections III.B. & E.

103

Detention Operations Manual, Detainee Services, Standard 3, Sections III.B. & F.

104

Detention Operations Manual, Detainee Services, Standard 3, Section III.N.

105

Detention Operations Manual, Detainee Services, Standard 3, Section III.B.

106

Detention Operations Manual, Detainee Services, Standard 3, Section III.B.

107

Detention Operations Manual, Detainee Services, Standard 9, Section I.

108

Detention Operations Manual, Detainee Services, Standard 9, Section III.C.

109

Detention Operations Manual, Detainee Services, Standard 9, Section III.C.

security.”110 In addition, detainees shall have regular opportunities to view an “INS-approved
videotaped presentation on legal rights.”111
The DCDF has substantially implemented this section of the Standards. According to
DCDF personnel, there are no restrictions on group rights presentations.112 The facility performs
background, criminal history and credentials checks on all speakers who are giving the
presentations.113 DCDF officials informed us that the Midwest Immigrant and Human Rights
Center schedules two presentations each year.114 Two weeks before a scheduled presentation, an
announcement is made to make the detainees aware of the presentation, but no informational
posters are displayed in the housing units. The presentations take place in DCDF’s programming
room, which is an environment conducive to the presentation since it is well-lit, has seating
available, and can accommodate at least twenty detainees at one time. 115 In addition, the
detainees do not have to sign up to attend the presentation. The presentations are open to all
detainees, including those in segregation.116 While the number of detainees at a single session
may be limited, enough sessions are held such that all detainees interested in attending the
presentation are able to attend.117 If a particular detainee’s attendance would pose a security risk,
he or she likely would not attend the presentation with the other detainees; instead, he or she may
attend the presentation in restraints or other officers would be present during the presentation.118
Further, the “Know Your Rights” video is aired on the televisions inside the facility every
weekend.119 Prior to the airing of the video, an announcement is made, and every television in
the facility is tuned into this video. DCDF has an English and a Spanish version of this video
presentation, and both are shown (one each day of the weekend) every week.120

110

Detention Operations Manual, Detainee Services, Standard 9, Section III.E.

111

Detention Operations Manual, Detainee Services, Standard 9, Section III.I.

112

Notes of delegation member
Administrator
(b)(6)

on conversation with Supervisor

and Jail

113

Notes of delegation member
Administrator
(b)(6)

on conversation with Supervisor

and Jail

114

Notes of delegation member
Administrator
(b)(6)

on conversation with Supervisor

and Jail

115

on observations during tour.

Notes of delegation member

116

Notes of delegation member
Administrator
(b)(6)

on conversation with Supervisor
(b)(6)

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

and Jail

117

Notes of delegation member
(b)(6)
Administrator

on conversation with Supervisor

and Jail

118

Notes of delegation member
(b)(6)
Administrator

on conversation with Supervisor

and Jail

119

Notes of delegation member
Administrator
(b)(6)

on conversation with Supervisor

and Jail

120

on conversation with Supervisor

and Jail

Notes of delegation member
Administrator
(b)(6)

The detainee whom the delegation interviewed had attended a group rights presentation,
but did not know which nonprofit organization conducted the presentation.
IV.

OTHER PROVISIONS OF THE ICE DETENTION STANDARDS
A.

Recreation

The Standards suggest that all detainees have access to recreation “under conditions of
security and safety.”121 Detainees should be housed in facilities with outdoor recreation.122 If a
facility only provides indoor recreation, detainees must have access for at least one hour per day,
including exposure to natural light.123 Detainees should have access to “fixed and movable
equipment,” including opportunities for cardiovascular exercise, and games and television in
dayrooms.124
DCDF has substantially implemented this section of the Standards. DCDF has two
types of indoor recreation rooms, but no outdoor recreation is provided. 125 One of the indoor
recreation rooms is an indoor room with no exposure to natural sunlight.126 Although there is a
basketball hoop, detainees are only permitted to play handball.127 DCDF staff members
explained that too many detainees were injured playing basketball, and that handball seems to be
a safer sport.128 There is no set schedule for use of this recreation room, and the amount of time
detainees are permitted to spend in the room is determined by their classification, how much time
they want in the room, and how many other inmates also want to use the room.129
The second type of recreation room is a dayroom.130 Dayrooms are common rooms for
the inmates where they are able to socialize, watch television, and play board games. 131 The
size and amenities of the dayrooms depend on the classification of the detainees housed in a
given Pod.132 Each detainee has access to natural sunlight either in his individual cell or in his
dayroom.133 Neither room provides equipment for muscular or cardiovascular exercise.134

121

Detention Operations Manual, Detainee Services, Standard 13, Section I.

122

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

123

Detention Operations Manual, Detainee Services, Standard 13, Section III.B.

124

Detention Operations Manual, Detainee Services, Standard 13, Section III.G.

125

Notes of delegation member

126

Notes of delegation member

127

Notes of delegation member

128

Notes of delegation member

129

Notes of delegation member

130

Notes of delegation member

131

Notes of delegation member

132

Notes of delegation member

133

Notes of delegation member

(b)(6)

There is no outdoor recreation.135 ICE suggests that detainees be eligible for transfer
after 180 days at a facility without outdoor recreation.136 In accordance with this policy, DCDF
notifies ICE after it has housed a detainee for 165 days in order to allow the detainee to relocate
if he so chooses.137
B.

Access to Medical Care

The Standards suggest that all detainees have access to medical services that promote
detainee health and general well-being.138 Each facility is suggested to have regularly scheduled
times, known as sick call, when medical personnel are available to see detainees who have
requested medical services.139 For a facility of over 200 detainees, a minimum of five days per
week is suggested.140 Facilities must also have procedures in place to provide emergency
medical care for detainees who require it.141 With respect to emergency care, the Standards state
that in a situation in which a detention officer is uncertain whether a detainee requires emergency
medical care, the officer should immediately contact a health care provider or an on-duty
supervisor.142 If a detainee is diagnosed as having a medical or psychiatric condition requiring
special attention (e.g., special diet), the medical care provider is required to notify the Officer-inCharge in writing.143
DCDF appears to have substantially implemented this portion of the Standards. The
facility contracts with a company called Health Providers Limited (“HPL”) to provide staffing
and medical care 7 days a week. The service is on call 24 hours a day. The DCDF Staff has
been very impressed with HPL’s very quick response time to after hours calls.144 The facility
displays the individuals’ various accreditations on the wall of the medical reception area.145
If there is a need for an outside medical visit, officials at DCDF first clear it with the staff
doctor, and then HPL will contact area facilities or a facility they have in Madison to administer

134

Notes of delegation member

135

Notes of delegation member

136

Notes of delegation member

137

Notes of delegation member

138

Detention Operations Manual, Health Services, Standard 2, Section I.

139

Detention Operations Manual, Health Services, Standard 2, Section I.

140

Detention Operations Manual, Health Services, Standard 2, Section I.

141

Detention Operations Manual, Health Services, Standard 2, Section III.A, D. and G.

142

Detention Operations Manual, Health Services, Standard 2, Section III.H.

143

Detention Operations Manual, Health Services, Standard 2, Section III.J.

144

Notes of delegation member

(b)(6)

on conversation with Supervisor

(b)(6)

on conversation with Supervisor

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

145

Notes of delegation member

(b)(6)

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

nd Jail Administrator

the appropriate treatment.146 The nearest hospital is approximately 8 miles away.147 For mental
health needs, the County Mental Health Association has psychiatrists on-call.148 The jail plans to
institute a job share program with HPL where a psychiatrist will work at DCDF while also
working at an outside HPL facility.149
All detainees at DCDF are screened for medical issues upon their initial processing. 150
Each detainee is questioned regarding prior health history, current health, medical history,
suicide risk, mental health, drug and/or alcohol dependence, TB, dental health, and
STD/communicable diseases.151 If flags are raised the individual is referred to medical for
attention. HIV is not routinely checked.152 Those who are initially flagged as having some
mental health issue, including suicidal tendencies, may be kept separately and monitored closely
by the staff.153
For non-English-speaking detainees, DCDF often uses other inmates to assist with
medical screening and other medical issues, through what DCDF calls the Inmate Labor
Interpreters program.154 The facility also has access to both a local phone service and the AT&T
Language Line, to provide translation services. The delegation has some concerns over
confidentiality when a translator is used, especially when it is an inmate. There is not a formal
confidentiality agreement used in the facility for translation. However, DCDF officials informed
the delegation that the Inmate Labor Interpreters use other inmates only for basic questions, not
during treatment.155

146

Notes of delegation member

on conversation with Supervisor

and Jail Administrator

on conversation with Supervisor

and Jail Administrator

on conversation with Supervisor

and Jail Administrator

on conversation with Supervisor

and Jail Administrator

on conversation with Supervisor

and Jail Administrator

(b)(6)

147

Notes of delegation member
(b)(6)

148

Notes of delegation member
(b)(6)

149

Notes of delegation member
(b)(6)

150

Notes of delegation member
(b)(6)

151

Notes of delegation member

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

(b)(6)

on conversation with Supervisor

and Jail Administrator

on conversation with Supervisor

and Jail Administrator

on conversation with Supervisor

and Jail Administrator

on conversation with Supervisor

and Jail Administrator

on conversation with Supervisor

and Jail Administrator

b6, b7c

152

Notes of delegation member

153

Notes of delegation member

(b)(6)

154

Notes of delegation member
(b)(6)

155

Notes of delegation member
(b)(6)

The DCDF Inmate Handbook states that “[p]rescription/non-prescription medications
will be distributed as ordered by the medical staff.”156 The Inmate Handbook also provides that
inmates “may request over-the-counter medications using the medication request slips provided
in [their] housing area. All requests for over-the-counter medications must be submitted to the
Pod Officer on duty PRIOR to medication distribution times. [Detainees] will have at least 10
minutes after [their] cell doors are opened in the morning to submit a medication request for
morning med distribution.”157
The DCDF does not have regular sick calls, as suggested in the Standards. Instead, to
see a nurse or doctor an inmate/detainee may submit a Request for Health Care form.158 Listed
in the Inmate Handbook and on the request form are the charges that will be incurred by an
inmate/detainee for a visit to the medical facility.159 If the visit is initiated by a DCDF
Corrections Officer, there will be no charge.160 All requests will be initially screened by a nurse
(it is unclear if this will be charged regardless of the action taken). The request slips are
processed by the Pod officer at the time they are submitted. Some cells are also equipped with a
call button, which when pressed alerts the officers that the inmate/detainee in the cell is
requesting medical attention. In addition, each Pod Officer’s station has a general first aid kit.
The staff receives first aid training at least once each year, in cardiopulmonary resuscitation
(CPR) as well as on the use of an automated external defibrillator (“AED”).
Finally, with regard to detainee medical records, HPL, as the service provider, handles,
owns, and maintains all the detainee/inmate medical records on-site. When a detainee/inmate is
transferred, DCDF medical staff provides a one page medical summary that the inmate will take
with them.161
C.

Access to Dental Care.

The Standards suggest that detainees have an initial dental screening exam within 14
days of the detainee’s arrival and require the facility to provide a number of services, including
emergency dental treatment and repair of prosthetic appliances.162 For detainees who are held in
detention for over six months, routine dental treatment may be provided, 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.163

156

DCDF Inmate Handbook, p.12.

157

DCDF Inmate Handbook, p.13.

158

A copy of the Request for Health Care form is attached.

159

DCDF Inmate Handbook, p.15.

160

Request for Health Care form.

161

Notes of delegation member

(b)(6)

on conversation with Supervisor

(b)(6)

162

Detention Operations Manual, Health Services, Standard 2, Section III.E.

163

Detention Operations Manual, Health Services, Standard 2, Section III.E.

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

and Jail Administrator

The DCDF has not fully implemented this section of the Standards. There is no onsite dentist at the DCDF,164 and therefore, the detainees do not receive the initial dental screening
as suggested under the Standards. If dental care is needed, the DCDF has a contract with a local
dentist, Dr. (b)(6) who provides the necessary dental care, either in the facility or at his local
office.165
D.

Hunger Strikes.

The Standards suggest that all facilities follow accepted standards of care in the medical
and administrative management of hunger-striking detainees.166 Facilities must do everything
within their means to monitor and protect the health and welfare of the hunger-striking detainee
and must make every effort to obtain the hunger striker’s informed consent for treatment. 167 In
IGSA facilities, the “OIC of the facility shall notify [ICE] that a detainee is refusing treatment.
Under no circumstances are IGSA facilities to administer forced medical treatment unless
granted permission from [ICE].”168
DCDF appears to have implemented this section of the Standards. If an inmate or
detainee declares a hunger strike, the inmate/detainee’s commissary privileges are revoked. 169
The medical staff then assesses the mental state of the patient, and regularly monitors the patient,
including his or her food intake, liquid intake, weight, vital signs, etc.170 DCDF personnel noted
that inmates will sometimes declare a hunger strike with the hope of being transferred back to the
Broadview facility – the ICE center where many detainees are initially held in the Chicago
area.171
After meals, if a tray comes back with all of the food on it, the staff will make a note on
the meal pass.172 If this behavior goes on for a 24 hour period, the detainee/inmate is referred to
medical staff. In the case of a detainee, the DHS liaison is notified, as well.173
E.

Detainee Classification

The Standards suggest that detention facilities use a classification system and physically
164

Notes of delegation member
(b)(6)

165

on conversation with Supervisor
(b)(6), (b)(7)c

(b)(6)

Notes of delegation member

and Jail Administrator

on conversation with Supervisor

(b)(6)

166

Detention Operations Manual, Health Services, Standard 1, Section I.

167

Detention Operations Manual, Health Services, Standard 1, Section I.

168

Detention Operations Manual, Health Services, Standard 1, Section III.D.

169

Notes of delegation member

170

Notes of delegation member

171

Notes of delegation member

172

Notes of delegation member

173

Notes of delegation member

(b)(6)

and Jail Administrator

separate detainees in different categories.174 A detainee’s classification is to be determined on
“objective” criteria, including criminal offenses, escape attempts, institutional disciplinary
history, violent incidents, etc.175 Opinions, unconfirmed and unverified information, and physical
characteristics and appearance are not to be taken into account.176 Classification is required in
order to separate detainees with no or minimal criminal records from inmates with serious
criminal records.177
Additionally, all facility classification systems shall allow classification levels to be redetermined and include procedures by which new arrivals can appeal their classification
levels.178 Finally, the detainee handbook’s section on classification must include (1) an
explanation of the classification levels, with the conditions and restrictions applicable to each,
and (2) the procedures by which a detainee may appeal his classification.179
DCDF has substantially implemented this section of the Standards. All detainees and
inmates are classified when they first arrive at the facility.180 All are initially issued khaki
colored pants and orange shirts to represent that they are new inmates. Within the first 72 hours,
further classification occurs to determine where the individual will be housed.181 However, the
Handbook does not explain the classification levels and the conditions and restrictions associated
with each.
DCDF uses the standards prepared by the National Institute of Corrections when
reviewing an inmate for classification. DCDF uses 3 “phases” for classification. These phases
represent the amount of freedom a detainee/inmate is given in the facility. There is no
commingling of Phase 1 and Phase 3, only detainees/inmates from a phase immediately
preceding or following another can be commingled.182
F.

Voluntary Work Program

The Standards suggest that all facilities with work programs provide an opportunity for
physically and mentally capable detainees to “work and earn money.”183 Participation must be
voluntary, and detainees may not work more than eight hours per day, and 40 hours per week.184

174

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

175

Detention Operations Manual, Detainee Services, Standard 4, Section III.D.

176

Detention Operations Manual, Detainee Services, Standard 4, Section III.D.

177

Detention Operations Manual, Detainee Services, Standard 4, Sections III.A & III.E.

178

Id. at Sections III.G. & H.

179

Id. at Section III.I.

180

DCDF Inmate Handbook, pg. 4 and notes of delegation member

181

DCDF Inmate Handbook, pg. 4 and notes of delegation member

182

Notes of delegation member

183

Detention Operations Manual, Detainee Services, Standard 37, Sections I & III.A.

184

Detention Operations Manual, Detainee Services, Standard 37, Sections III.A. & H.

(b)(6)

DCDF has substantially implemented this section of the Standards. Detainees are
provided an opportunity to work in the facility should they choose to do so.185 Unlike the
criminal inmates, however, they may not work outside of DCDF. 186 Detainees may work in the
laundry room and the kitchen, or serve as a translator, barber or maintenance worker. 187
Eligibility may depend on a detainee’s classification, and those with physical or mental
handicaps are afforded the opportunity to work.188 Detainees are compensated for their work.189
Although the Standards limit a detainee’s work schedule to eight hours per day, and 40 hours per
week, the Handbook does not have a set limitation on hours worked.190 When asked about the
(b)(6), (b)(7)c
maximum time detainees are permitted to work, Jail Administrator
suggested
that detainees would be capped at 50 hours per week, but she did not indicate that DCDF has
officially addressed this question.191
G.

Detainee Grievance Procedures

The Standards suggest that every 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.192 Translating assistance for
both formal and informal grievances must be provided upon request.193 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.”194 All grievances must receive supervisory review, include guarantees
against reprisal, and allow for appeals.195
The DCDF appears to have substantially implemented this section of the Standards,
but some concerns remain. According to DCDF Supervisor
if a detainee has a
(b)(6), (b)(7)c
grievance, he or she will ask an officer for an “Inmate Grievance Form.”196 The detainee will fill
out the form with the following information: type of grievance (original or appeal), his or her full
name, his or her Jail ID Number, the date the grievance form was filled out, his or her assigned

185

DCDF Inmate Handbook, p

186

Notes of delegation membe

187

DCDF Inmate Handbook, p

188

Notes of delegation membe

189

DCDF Inmate Handbook, p. 19.

190

DCDF Inmate Handbook, p. 18-19.

191

Notes of delegation member

192

Detention Operations Manual, Detainee Services, Standard 5, Sections I. & III.A.

193

Detention Operations Manual, Detainee Services, Standard 5, Sections III.A.1. & 2.

194

Detention Operations Manual, Detainee Services, Standard 5, Section I.

195

Detention Operations Manual, Detainee Services, Standard 5, Sections I. & III.C.

196

Notes of delegation member

(b)(6)

from information given by Jail Administrator

(Interview with

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

Housing Pod, and the circumstance or action believed to be unjust.197 Upon completing and
signing the form, the detainee will give the form back to the officer, who then seals it in an
envelope in front of the detainee.198 The officer logs the grievance so that it can be tracked.199 If
the officer cannot resolve the detainee’s grievance, the officer must go to the supervisor. 200 The
supervisor must respond to the grievance within five days, unless an investigation is needed.201
After the supervisor’s response, if the detainee is not satisfied, he or she can appeal the decision
to DCDF’s Deputy Jail Administrator.202 The Handbook states that the Deputy Jail
Administrator must respond within ten working days of receiving the appeal.203 If the detainee is
not satisfied with the Deputy Jail Administrator’s response, he or she can appeal the decision to
DCDF’s Jail Administrator.204 The Jail Administrator must receive the appeal within two days
of the detainee’s receipt of the Deputy Jail Administrator’s response and must respond within ten
working days.205 If the Jail Administrator’s response is unsatisfactory, the detainee can appeal
the decision to the State of Wisconsin by contacting the State Jail Inspector.206 DCDF personnel
informed us that the ICE would be notified immediately if the grievance concerned a human
rights issue.207
The Handbook provides that inmates should “first attempt to settle any dispute or
complaint on an informal basis with Dodge County Detention Facility Staff.”208 Only after the
dispute cannot be resolved on an informal basis may an inmate request a grievance form from the
staff.209 The Handbook does not provide notice of the availability of assistance in preparing a
grievance, although DCDF personnel informed us that assistance would be provided if necessary
(e.g., if the detainee did not speak English).210 The Handbook explains the procedures for

197

DCDF Inmate Grievance Form.

198

DCDF Inmate Grievance Form; Notes of delegation member
Supervisor (b)(6), (b)(7)c

on conversation with

(b)(6)

199

Notes of delegation membe

on conversation with Supervisor

200

Notes of delegation membe

on conversation with Supervisor

201

Notes of delegation membe

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

Notes of delegation membe
Handbook, p. 9.
203

Notes of delegation member
Handbook, p. 9.

DCDF Inmate

(b)(6)

on conversation with Supervisor

Notes of delegation member
Handbook, p. 9.
Notes of delegation member

(b)(6)

on conversation with Supervisor

(b)(6)

conversation with Supervisor

(b)(6)

208

DCDF Inmate Handbook, p. 8.

209

DCDF Inmate Handbook, p. 8.

210

Notes of delegation member

DCDF Inmate
(b)(6), (b)(7)c

DCDF Inmate Handbook, p. 9.

206

207

conversation with Supervisor

DCDF Inmate Handbook, p. 9.

204

205

conversation with Supervisor
(b)(6), (b)(7)c+

202

(b)(6)

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

DCDF Inmate
Administrator

resolving a grievance and the levels of appeal.211 The Handbook does state that the grievance
process is “available to express complaints without the fear of reprisal or punitive disciplinary
action.”212
There does not seem to be any indication that DCDF personnel convene a grievance
committee to review formal complaints. In addition, the DCDF Inmate Handbook does not
provide procedures for the opportunity to file a complaint about officer misconduct directly with
the Justice Department.
The detainee whom the delegation interviewed had never filed a grievance. He received
the DCDF Inmate Handbook containing the procedures for filing a grievance, but believes that
he cannot complain because he feels he will be viewed as a troublemaker.213 While certain
discrepancies may be explained by differences in the procedures for detainees and the general
inmate population, the detainee’s comments are particularly troubling if the detainees do not
have recourse under the DCDF’s actual policies, or if they effectively do not have such recourse;
if the detainees are discouraged from exerting their rights, even if the procedures protecting those
rights are technically available to them, the facility fails to meet the requirements of the
Standards.
H.

Religious Practices.

The Detention Standards suggest that detainees of different religious beliefs be provided
with reasonable and equitable opportunities to participate in the practices of their respective
faiths.214 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.”215 Moreover, a facility’s staff shall make “all reasonable
efforts to accommodate” special food services required by a detainee’s particular religion.216
Detainees in confinement must also be permitted to participate in religious practices, consistent
with the safety, security, and orderly operation of the facility.217
DCDF has not fully implemented this section of the Standards. Before a detainee is
transferred to DCDF, the Broadview Detainee Processing Center confiscates all of his or her
personal belongings, including religious effects. Therefore, detainees generally have no access

211

DCDF Inmate Handbook, pp. 8-9.

212

DCDF Inmate Handbook, p. 8.

213

Notes of delegation member

214

Detention Operations Manual, Detainee Services, Standard 14, Section I.

215

Detention Operations Manual, Detainee Services, Standard 14, Section I.

216

Detention Operations Manual, Detainee Services, Standard 14, Section III.M.

217

Detention Operations Manual, Detainee Services, Standard 14, Section III.O.

(b)(6)

on interview with

(b)(6)

to their religious belongings.218 However, DCDF personnel indicated that the Broadview facility
often allows detainees to keep a personal copy of a religious text (Bible, Koran, etc.) should the
detainee wish to bring this to the DCDF. Thus, it is not clear whether or not this section of the
Standards has been implemented, and it may be beyond the DCDF’s control.
Further, DCDF may not be providing “reasonable and equitable opportunities to
participate in the practices of their respective faiths.” While DCDF does provide Christian and
Islamic services, as well as access to the Bible and Koran in English and Spanish, no other types
of religious services or materials are offered.219 Bolstering this conclusion is the statement of the
one detainee the delegation interviewed. He indicated that the facility did not offer any Buddhist
religious services, nor provide access to any Buddhist texts or books. 220 Staff did indicate,
however, that at the request of a detainee or outside religious group/member,221 special
arrangements could be made for other religious services.222
I.

Special Management Unit

The Standards suggest that each facility establish a Special Management Unit (“SMU”)
that will isolate certain detainees from the general population.223 A detainee may be placed in
disciplinary segregation only by order of the Institutional Disciplinary Committee, after a
hearing in which the detainee has been found to have committed a prohibited act.224 The
disciplinary committee may order placement in disciplinary segregation only when alternative
dispositions would inadequately regulate the detainee’s behavior.225
All cells in the SMU must be equipped with beds which are securely fastened to the cell
floor or wall.226 Segregated detainees shall have the opportunity to maintain a normal level of
personal hygiene.227 Recreation shall be provided to detainees in disciplinary segregation in
accordance with the “Recreation” standard.228 Access to legal material shall remain open and
requests for access shall be accommodated no more than 24 hours after receipt of the initial
detainee request.229 Similarly, access to the law library shall be granted to detainees in
218

Notes of delegation member

219

Notes of delegation member

220

Notes of delegation member

.
(b)(6)

.
, on interview with detainee

(b)(6)

221

An outside religious group or member may request permission to conduct religious ceremonies, however, a
criminal and background check are performed before permission is granted.
222

Notes of delegation member

223

Detention Operations Manual, Security and Control, Standard 12, Section I.

224

Detention Operations Manual, Security and Control, Standard 12, Section III.A.

225

Detention Operations Manual, Security and Control, Standard 12, Section III.A.

226

Detention Operations Manual, Security and Control, Standard 12, Section III.D.6.

227

Detention Operations Manual, Security and Control, Standard 12, Section III.D.11.

228

Detention Operations Manual, Security and Control, Standard 12, Section III.D.13.

229

Detention Operations Manual, Security and Control, Standard 12, Section III.D.15.

(b)(6)

segregation, and access by request only is an option.230 “As a rule, a detainee retains visiting
privileges while in disciplinary segregation.”231 Also, a detainee in disciplinary segregation shall
not be denied legal visitation.232
In accordance with the “Telephone Access” standard, detainees in disciplinary
segregation shall be restricted to telephone calls for calls relating to the detainee’s immigration
case or other matters, calls to consular/embassy officials, and family emergencies.233 Also,
detainees in segregation shall have the same correspondence privileges as detainees in the
general population.234
DCDF has not fully implemented this section of the Standards. First, there are no
beds in the SMU.235 Second, detainees in segregation are denied telephone privileges.236 Third,
they are allowed reading materials but are not given access to the law library. 237
However, DCDF has implemented some of this section of the Standards. Detainees in
segregation are allowed to receive and send mail. They are also allowed to visit with clergy,
counselors, and attorneys.
J.

Disciplinary Policy

The Standards suggest that facility authorities “impose disciplinary sanctions on any
detainee whose behavior is not in compliance with facility rules and procedures” in order “to
provide a safe and orderly living environment.”238 Each facility holding ICE detainees must
have a detainee disciplinary system which has “progressive levels of reviews, appeals,
procedures, and documentation procedures.”239 Any disciplinary action taken must not be
capricious or retaliatory and the following sanctions may not be imposed: “corporal punishment;
deviations from normal food services; deprivation of clothing, bedding, or items of personal
hygiene; deprivation of correspondence privileges; or deprivation of physical exercise unless
such activity creates an unsafe condition.”240 In addition, the Standards provide that all incident
reports filed by officers must be investigated within twenty-four hours of the incident.241 An
230

Detention Operations Manual, Security and Control, Standard 12, Section III.D.15.e.

231

Detention Operations Manual, Security and Control, Standard 12, Section III.D.17.

232

Detention Operations Manual, Security and Control, Standard 12, Section III.D.17.

233

Detention Operations Manual, Security and Control, Standard 12, Section III.D.19.

234

Detention Operations Manual, Security and Control, Standard 12, Section III.D.18.

235

Notes of delegation member

(b)(6)

, on conversation with Supervisor

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

236

DCDF Inmate Handbook, p. 22.

237

DCDF Inmate Handbook, p. 22.

238

Detention Operations Manual, Security and Control, Standard 3, Section I.

239

Detention Operations Manual, Security and Control, Standard 3, Section III.A.1.

240

Detention Operations Manual, Security and Control, Standard 3, Sections III.A.2 and III.A.3.

241

Detention Operations Manual, Security and Control, Standard 3, Section III.B. and III.C.

intermediate level of investigation or adjudication must be established to adjudicate low or
moderate infractions.242
The DCDF has substantially implemented this section of the Standards. According to
DCDF’s programming director, (b)(6), (b)(7)c the facility’s disciplinary process is based on a
Wisconsin statute.243 During this process, assistance will be provided if needed (i.e., if the
detainee does not understand English).244 When a rules violation occurs, a written report is
filed.245 If the violation is considered minor, then an officer will talk with the detainee and come
up with a punishment based on the minor violation.246 For minor violations, such as use of
profanity, failure to follow cleaning procedures, or abuse of jail-issued items, 247 the resulting
punishment will likely be a verbal or written reprimand,248 twenty-four hours or less in punitive
segregation,249 or the loss of privileges.250 For major violations, such as unauthorized organized
activity, assault on staff or inmate, or failure to take medication at issue,251 the resulting
punishment will likely be “loss of good time for up to two days per violation,” up to ten days in
segregation per violation, over twenty-four hours confinement in the detainee’s cell, or
restrictions on or loss of privileges for over twenty-four hours.252
Supervisor (b)(6), (b)(7)c also outlined the due process procedure for a major rule violation.
When a major rule violation occurs, the reporting officer first notifies the Shift Supervisor of the
violation.253 Within twenty-four hours, the detainee can have a hearing, which is conducted by
four corrections officers, who are “program specialists.”254 The decision resulting from the
hearing can be appealed three times.255 First, the detainee can appeal to a Supervisor.256 The
Handbook specifies that the Supervisor must render a decision within five days of receiving the

242

Detention Operations Manual, Security and Control, Standard 3, Section III.C.

243

Notes of delegation member

244

Notes of delegation member

245

Notes of delegation member

on conversation with Supervisor

246

Notes of delegation member

on conversation with Supervisor

247

DCDF Inmate Handbook, p.23.

248

DCDF Inmate Handbook, p. 21.

on conversation with Supervisor
(b)(6), (b)(7)c

(b)(6)

249

Notes of delegation member
Handbook, p. 21.

on conversation with Supervisor

Notes of delegation member
Handbook, p. 21.
DCDF Inmate Handbook, p.23.

252

DCDF Inmate Handbook, p. 21.

253

Notes of delegation membe

254

Notes of delegation membe

255

Notes of delegation membe

256

Notes of delegation membe

DCDF Inmate

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

(b)(6)

250

251

conversation with Supervisor

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

DCDF Inmate

on conversation with Supervisor
on conversation with Supervisor
(b)(6)

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

on conversation with Supervisor
on conversation with Supervisor

appeal.257 If the detainee is not satisfied with the Supervisor’s decision, then he or she can
appeal the decision to the Deputy Jail Administrator.258 The Handbook specifies that the Deputy
Jail Administrator must receive the appeal within two days of receiving the Supervisor’s
response and that the Deputy Jail Administrator has ten working days to respond to the appeal.259
If the detainee is again unsatisfied with the decision, he or she can appeal to the Jail
Administrator.260 This appeal must be received within two days of receiving the Deputy Jail
Administrator’s response and the Jail Administrator has ten working days to render a decision.261
Further, the decision of the Jail Administrator is final.262
The Handbook does notify the detainees of the disciplinary process, the prohibited acts
and disciplinary severity scale, and the appeal procedure of disciplinary findings. 263 In addition,
the Handbook notifies detainees of the facility’s rules of conduct and the sanctions imposed for
the violation of these rules.264 However, the Handbook does not advise the detainees of their
“right to protection from personal abuse, corporal punishment, unnecessary or excessive use of
force, personal injury, disease, property damage, and harassment” or their “right of freedom from
discrimination based on race, religion, national origin, sex, handicap, or political beliefs.”265
The detainee the delegation interviewed stated that he had never been shackled or
submitted to restraints, other than the times when he was transported to and from the facility. At
those times, he would be handcuffed and have shackles around his legs along with a chain
around his waist.266
K.

ICE Presence at the Facility.

The Detention Standards suggest 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 requests to ICE staff and receive an answer in an acceptable time
frame.”267 The Standards suggest 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.268 The purpose of such visits is to monitor housing
257

DCDF Inmate Handbook, p. 22.

258

Notes of delegation member

259

DCDF Inmate Handbook, p. 22.

260

Notes of delegation member

261

DCDF Inmate Handbook, p. 22.

262

DCDF Inmate Handbook, p. 22.

263

DCDF Inmate Handbook, p. 21-24.

264

DCDF Inmate Handbook, p. 23-24.

265

Detention Operations Manual, Security and Control, Standard 3, Section III.A.5.a. and III.A.5.b.

266

Notes of delegation membe

267

Detention Operations Manual, Detainee Services, Standard 15, Section I.

268

Detention Operations Manual, Standard 15, Section III.A.

(b)(6)

on conversation with Supervisor

on interview with

(b)(6)

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

conditions, interview detainees, review records, and answer questions for detainees who do not
comprehend the immigration removal process.269 The Standards also suggest that detainees
“have the opportunity to submit written questions, requests, or concerns to ICE staff.”270 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.”271 Moreover, the Standards suggest 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.”272
DCDF appears to have substantially implemented this section of the Standards. An
ICE officer makes weekly, unannounced visits to the DCDF.273 Each week, he comes at a
different time. The ICE officer will also come whenever he is requested.274 The DCDF provides
specific immigration forms for the detainees to fill out if they want to speak to someone from
ICE.275 There are stacks of forms for the detainees to fill out in each Pod, which are identified
and explained to the detainees during their orientation. 276 It was unclear to the delegation
whether DCDF has written procedures for this, but the officers suggested that the detainees were
aware of this option and that the officers knew how to and were diligent in processing the
requests.277

CONCLUSION

The Dodge County Detention Facility has implemented many of the ICE Detention
Standards but has also failed to implement a number of sections.
To facilitate legal visitation, DCDF should allow (and not discourage) legal visits to
proceed through meal times and provide detainees with missed meals afterwards.
To provide adequate telephone access to detainees, DCDF should ensure that detainees
can place free, direct calls to pro bono legal service providers and others. DCDF should not cut
269

Detention Operations Manual, Standard 15, Section III.A.

270

Detention Operations Manual, Standard 15, Section III.B.

271

Detention Operations Manual, Standard 15, Section III.B.

272

Detention Operations Manual, Standard 15, Section III.B.1.

273

Notes of delegation membe

(b)(6)

on conversation with Supervisor

Jail Administrator

274

Notes of delegation member

(b)(6)

on conversation with Supervisor

Jail Administrator

275

Notes of delegation member

276

Notes of delegation member

(b)(6)

on conversation with Supervisor

Jail Administrator

277

Notes of delegation member

(b)(6)

, on conversation with Supervisor

Jail Administrator

(b)(6)

on conversation with Supervisor
(a Detainee Written Request Form is attached).

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

Jail Administrator

off phone calls before 20 minutes have expired and should not limit legal phone calls unless
necessary. DCDF should not record or monitor, in any matter whatsoever, legal phone calls
(absent a court order), and if regular phone calls are monitored, DCDF should provide detainees
with the procedure for obtaining an unmonitored call for legal purposes. Further, a posting near
detainee telephones should provide a list of free pre-programmed numbers to all consulates, as
well as relevant courts, immigration offices, and all free legal service providers on the ICEapproved list. Reflecting the needs of the multinational immigrant jail population, instructions
regarding the use of the phone system need to be in different languages.
To support the detainees’ access to legal materials and legal representation, DCDF should
continue to provide detainees with sufficient paper, envelopes, and stamps to meet their legal
needs and allow detainees to type and print submissions to the court using a computer and/or
typewriter. DCDF should provide access to all of the legal materials listed in the Detention
Standards in their law library. Further, DCDF should allow other detainees to assist illiterate
and non-English speaking detainees with the preparation and research of legal materials and
should post directions for using the computer and the immigration programs in languages other
than English.
Lastly, in order to fully provide legal access for all detainees, detainees in segregation
should be given access to telephone for legal calls and to the law library.