INS Detention Standards Compliance Audit - Dorchester Detention Center, Cambridge, MD, 2006
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MEMORANDUM To: John P. Torres, Director, Office of Detention and Removal, Immigration and Customs Enforcement From: American Bar Association Delegation to Dorchester Detention Center1 Copies to: (b)(6) American Bar Association Commission on Immigration Re: Report on Observational Tour of Dorchester Detention Center, Cambridge, MD Date: December 18, 2006 This memorandum summarizes and evaluates information gathered at the Dorchester Detention Center in Cambridge, Maryland (“DDC”), through discussions with DDC and local Immigration and Customs Enforcement (“ICE”) personnel, interviews with ICE detainees, and observations by delegation members during the delegation’s April 11, 2006, visit. 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-eight 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 requirements to which ICE must adhere in its facilities. Each Field Office or Officerin-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 Visit on April 1, 2006 On April 11, 2006, the members of our delegation toured the DDC, which is located at (b)(6), (b)(7)c 829 Fieldcrest Road, Cambridge, Maryland. We met with Warden who has (b)(6), (b)(7)c been the Warden of the DDC since 1993. We also met with of ICE’s Baltimore field office. Warden (b)(6), (b)(7)c provided a tour of the DDC facilities. The tour included visitation areas, the kitchen, the library, the indoor gym, segregation cells, and the medical wing 1 The delegation was comprised of attorneys from Dechert LLP: (b)(6) , (b)(6) 2 Effective March 1, 2003, the INS ceased to exist as an agency of the Department of Justice. The INS’s immigration enforcement functions were transferred to Immigration and Customs Enforcement, a division of the newly-created Department of Homeland Security (“DHS”). 12543971.4.BUSINESS for male inmates and detainees. We were also shown the detainee housing areas (the “pods”), from the vantage point of the hallways outside the pods. After the tour, we met with seven detained men and two detained women. We interviewed these detainees individually, without DDC or ICE personnel present. Where appropriate and where we have permission to do so, we attribute statements to the particular detainees that made them. B. General Information About the Facility The DDC has been housing detainees under contract with ICE since 1995.3 Warden (b)(6), (b)(7)c informed us that, at the time of our visit, DDC had a total population of 199 prisoners. Of this total, fifty-nine (59) were ICE detainees (49 men and 10 women).4 The rest of the prisoners were inmates serving prison sentences.5 Warden (b)(6), (b)(7)c stated that the DDC houses detainees from a wide variety of countries.6 (b)(6), (b)(7)c According to ICE Officer , these detainees were received from the Maryland, Delaware, and southern Pennsylvania area.7 Many of the detainees housed at the DDC have criminal records and were transferred from prison/jail facilities in the above area after serving sentences for criminal convictions.8 Warden (b)(6), (b)(7)c informed us that ICE pays the DDC $50 per day, per detainee under the current contract.9 Warden (b)(6), (b)(7)c stated that the DDC applies one set of rules to everyone, including inmates and detainees.10 III. OBSERVATIONS ABOUT THE IMPLEMENTATION OF LEGAL ACCESS STANDARDS A. Visitation (i) Visitation By Legal Representatives The Standards require that legal visitation be available seven (7) days a week for a minimum of eight (8) hours on weekdays and four (4) hours on weekends.11 Legal visits should not be terminated for meals or routine official counts.12 The DDC appears to substantially meet this section of the Standards, although visits may not take place during meals. The Dorchester Detention Center Inmate Informational Handbook, revised October 17, 2003 (the “Inmate Handbook”) states that a detainee is allowed 3 Notes of delegation membe on conversation with Warden Notes of delegation membe on conversation with Warden 5 Notes of delegation membe on conversation with Warden 6 Notes of delegation membe on conversation with Warden (b)(6) (b)(6), (b)(7)c 7 Notes of delegation membe on conversation with Officer 8 Notes of delegation membe on conversation with Officer 9 Notes of delegation membe on conversation with Warden 10 Notes of delegation memb on conversation with Warde 11 Detention Operations Manual, Detainee Services, Standard 17, Section III.I.2. 12 Detention Operations Manual, Detainee Services, Standard 1, Section III.I.9. 4 12543971.4.BUSINESS 2 private consultation with his/her attorney and that legal access will not be hindered.13 Attorneys are permitted to visit at any time other than during regular visitation hours or during meals.14 However, visitation beyond 8:00 p.m. is discouraged.15 There is no attorney visitation schedule posted, as it is up to attorneys to schedule visits.16 There is no particular contact person at the DDC for scheduling attorney visits.17 Interpreters are also permitted, and video conferencing has been set up for interpreters.18 According to Warden (b)(6), (b)(7)c , Catholic Relief Services is the only free legal service in the area.19 Its attorney representative comes once a week, and detainees may submit requests via a mailbox.20 Contact information for Catholic Relief Services is posted clearly in the visitation area.21 The public defender’s office visits daily.22 Visits are non-contact except on special occasions such as our visit to the Center.23 If a visit is contact, a strip search is performed afterwards.24 There are three non-contact visitation rooms, and we were shown a private room where the interviews are conducted.25 There is a slot for pushing one sheet of paper through at a time.26 However, two detainees did report problems with accessing legal documents (see further detail under “Access to Legal Materials”).27 Our interviews indicate that detainees are aware of the Catholic Relief Services representative and have submitted requests to her.28 We were not told of any problems with attorney visitation, other than the difficulty of obtaining representation or meeting with representatives from ICE.29 13 Dorchester Detention Center Inmate Informational Handbook, revised October 17, 2003 (hereinafter “Inmate Handbook”), at 8. 14 If a visit runs into a meal time, the visit is interrupted for the meal and can be d again after the meal. Notes of delegation member on conversation with Warden 15 Notes of delegation member on conversation with Warden 16 Notes of delegation member on conversation with Warden 17 Notes of delegation member on conversation with Warden 18 Notes of delegation member on conversation with Warden 19 Notes of delegation member on conversation with Warden (b)(6), (b)(7)c (b)(6) 20 Notes of delegation member on conversation with Warden 21 Delegation observations. 22 Notes of delegation member on conversation with Warden 23 Notes of delegation member on conversation with Warden 24 Notes of delegation member on conversation with Warden 25 Delegation observations. 26 Delegation observations. 27 (b)(6) (b)(6), (b)(7)c delegation member on conversations with detainees (b)(6), (b)(7)c 28 (b)(6) delegation member , on conversation with detainee (b)(6), (b)(7)c notes of delegation (b)(6) member , on conversation with . (b)(6), (b)(7)c 29 One detainee indicated that he was not formally represented and had made two requests in four weeks to the Catholic Relief Services’ representative to ascertain the status of his deportation case. Notes of delegation member , on conversation with detainee . (b)(6), (b)(7)c (b)(6) 12543971.4.BUSINESS 3 It is not clear that detainees can contact attorneys via telephone. One detainee stated that he had had difficulty contacting an attorney, and was told to make a written request.30 (ii) Visitation By Family Members The Standards require that visiting hours be clearly posted and permitted during designated hours, including on weekends and holidays, with the possibility of special arrangements for family members unable to visit during regular hours.31 The permitted duration of visits should be at least 30 minutes, and there should be no limits on the number of visitors other than as needed for room capacity concerns.32 In facilities with restrictions on visitation by minors, detainees are required to make a request and visitation should be allowed within 30 days, or the detainee may be transferred to a separate location to visit with the minor.33 The DDC does not fully meet this section of the Standards: visits are restricted to 15 minutes, rather than 30. The Inmate Handbook states that visits are permitted weekly with up to two visitors for 15 minutes.34 The visitation schedule is Wednesdays and Saturdays from 911:00 a.m. and 1-3:00 p.m.35 Minors are permitted to visit only on the first Saturdays of the month and must be accompanied by a parent or guardian (the child and parent/guardian counting as two visitors).36 “Special visits” are permitted for family emergencies or special situations, but detainees must have a 90-day period with no infractions to qualify for special situations visits.37 The visitation schedule is posted in the lobby of the DDC,38 and detainees are aware of the schedule. The 15-minute limit for visitation is a clear violation of the Standards. In addition, we were told by one of the detainees interviewed that the 15 minute limit applies to visitors traveling from great distances,39 however, a visitor could visit during the morning visitation hours and the afternoon visitation hours, technically visiting for a total of 30 minutes that day.40 One detainee informed us that if the visiting room is full, visits will be unexpectedly cut short, especially if a detainee receives visitors often.41 Although Warden (b)(6), (b)(7)c informed us that special visitation requests were permitted more often for ICE detainees, but one of the detainees with family in New York, Boston, and California indicated that special arrangements were not permitted in his case despite requests that had been made.42 All visits are non-contact.43 30 (b)(6) (b)(6), (b)(7)c Notes of delegation member , on conversation with detainee Detention Operations Manual, Detainee Services, Standard 17, Sections III.B & III.H.1. 32 Detention Operations Manual, Detainee Services, Standard 17, Section III.H. 33 Detention Operations Manual, Detainee Services, Standard 17, Section III.H.2. 34 Inmate Handbook at 8. 35 Inmate Handbook at 8. 36 Inmate Handbook at 8. 37 Inmate Handbook at 8. 38 (b)(6) Observations of delegation member . 39 Notes of delegation member on conversation with detainee 40 Notes of delegation membe on conversation with detainee (b)(6), (b)(7)c (b)(6) 41 Notes of delegation membe on conversation with detainee 42 Notes of delegation membe on conversation with detainee 43 Notes of delegation member on conversation with Warden (b)(6), (b)(7)c (b)(6) 31 12543971.4.BUSINESS 4 B. Telephone Access The Standards require that detainees be permitted to make free calls to consulates, and direct calls to courts and government offices; indigent detainees should be able to make these latter calls for free if there is a compelling need.44 If calls are monitored, a prominent multilingual notice of monitoring should be posted at the monitored phone, along with procedures to request an unmonitored phone with a legal representative.45 The DDC appears to substantially meet this section of the Standards; however, telephone calls are expensive and pre-programmed numbers do not connect to the appropriate consular office. Warden (b)(6), (b)(7)c informed us that telephone access is provided from 6:00 a.m. to 10:00 p.m. daily. The Inmate Handbook also provides that telephone access is provided from 7:00 a.m. to 10:00 p.m. daily.46 Phone calls are limited to 20 minutes; and DDC uses a collect call system.47 There are two phones per unit in the common area.48 At the time of our visit, calls were not monitored, nor was there an ability to monitor calls.49 However, Warden (b)(6), (b)(7)c informed us that a new software system was being installed for the telephones which would provide capability to monitor calls from telephones in the general visitation area and common area (not from telephones in the legal visitation area).50 In addition to making collect calls, international calls can be made with pre-paid cards.51 Warden (b)(6), (b)(7)c indicated the facility has a favorable contract rate for calls.52 However, one detainee noted that the prepaid cards are not inexpensive, and function only for international calls.53 There are pre-programmed numbers or information for reaching embassies, consulates and other similar entities provided in the common area.54 One of the detainees informed us that the pre-programmed numbers for consulates are for the New York consulates which refer the detainees to the DC consulate (whose numbers are not provided).55 44 Detention Operations Manual, Detainee Services, Standard 16, Section III.E. Detention Operations Manual, Detainee Services, Standard 16, Section III.J. 46 Inmate Handbook at 9. 47 Inmate Handbook at 9. 48 Delegation observations. 49 (b)(6) Notes of delegation member on conversation with Warden (b)(6), (b)(7)c. 50 It is not clear how the facility would address maintaining the privacy of calls from detainees to attorneys made from the general visitation area once the new system is in place. Notes of delegation member on (b)(6) conversation with Warden (b)(6), (b)(7)c 51 Notes of delegation member , on conversation with Warden (b)(6), (b)(7)c 52 Notes of delegation member , on conversation with Warden 53 (b)(6) Notes of delegation member on conversation with detainee 54 (b)(6), (b)(7)c Notes of delegation member , on conversation with (b)(6), (b)(7)c 55 Notes of delegation member on conversation with detainee 45 12543971.4.BUSINESS 5 Two detainees complained that phone calls could not be made successfully to cell phones so no family using cell phones could be contacted via phone.56 These detainees also stated that collect calls were expensive, with one detainee commenting that a local collect call costs $8.00.57 C. Access to Legal Material The Standards specify that 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.”58 DDC meets some sections of the Standards regarding access to legal materials. However, DDC does not meet other sections of the Standards and, on the whole, does not appear to provide detainees with the requisite access to legal materials. 1. Law Library Access The Standards specify that each facility shall have a flexible schedule for law library use that permits all detainees, regardless of housing or classification, to use the library on a regular basis.59 Each detainee shall be permitted to use the law library for a minimum of five hours per week.60 Detainees may not be forced to forgo their minimum recreation time to use the law library, and detainee requests for additional time in the library must be accommodated to the extent possible.61 DDC does not meet this section of the Standards: detained women are allowed access only to a cart of materials that does not include all available materials, segregated detainees are not permitted access to the law library, and detained men only have access one hour per week. Warden Williams stated that the law library is open for detainee use on Tuesday mornings, Wednesday mornings and afternoons and Thursday mornings, and that detainee requests for additional time are honored when made.62 Warden (b)(6), (b)(7)c ’ comments suggest that detainees are granted several hours of access per week. However, five detained men stated that law library access was limited to one hour per week, on Wednesdays.63 One detainee stated that, with library access limited to one hour a week, it took a very long time for him to type up materials for his legal proceedings.64 These detainees also explained that DDC staff required that detainee requests for law library access be made on Sunday to reserve time for one 56 Notes of delegation member (b)(6), (b)(7)c 57 Notes of delegation member on conversations with detainees b6 (b)(6), (b)(7)c on conversations with detainees (b)(6), (b)(7)c 58 Detention Operations Manual, Detainee Services, Standard 1, Section I. Detention Operations Manual, Detainee Services, Standard 1, Section III.G. 60 Detention Operations Manual, Detainee Services, Standard 1, Section III.G. 61 Detention Operations Manual, Detainee Services, Standard 1, Section III.G. 62 Notes of delegation member on conversation with Warden (b)(6), (b)(7)c (b)(6) 63 (b)(6), (b)(7)c Notes of delegation member on conversations with detainees (b)(6), (b)(7)c (b)(6) Boateng; notes of delegation membe n conversations with detainees ; notes of delegation member on conversation with detainee (b)(6), (b)(7)c (b)(6), (b)(7)c b6 64 b6 (b)(6), (b)(7)c Notes of delegation member , on conversation with detainee . 59 12543971.4.BUSINESS 6 . hour on the following Wednesday.65 One detainee indicated he had heard other people had made law library requests that had not been accommodated.66 Also, detainees did not appear to be aware that DDC would honor requests for additional time in the law library,67 which was the policy indicated by Warden (b)(6), (b)(7)c .68 Further, detained women are not permitted access to the law library facilities but instead are provided access only to a rolling cart of legal materials that is brought to their pods.69 As further described below, this cart of legal materials does not include the required collection of law library materials. One woman reported that her written request for access to the law library was never answered; she also said she was not aware of the hours of access to the library or the cart.70 Finally, while the Standards require that detainees “housed in Administrative Segregation or Disciplinary Segregation unit shall have the same law library access as the general population, unless compelling security concerns require limitations,”71 Warden (b)(6), (b)(7)c indicated that detainees in disciplinary or administrative segregation are not permitted to use the law library.72 2. Law Library Conditions The Standards require that a facility provide a law library with sufficient space to facilitate detainees’ legal research and writing.73 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.”74 DDC meets this section of the Standards. DDC’s general library area is part of a multipurpose room that is also used as a classroom.75 A curtain divides the room in half, with several tables on one side of the room and several desks on the other.76 The general library collection, which is comprised of numerous paperback books, fills several bookcases about 3 feet high on the side of the room where the tables and copying machine are located.77 The law library collection is in a locked room accessed at the back of the multi-purpose room. 78 Male detainees are able to access law library materials and work on the large tables or desks.79 65 Notes of delegation member , on conversations with detainees (b)(6), (b)(7)c (b)(6) 66 Notes of delegation member , on conversation with detainee . (b)(6), (b)(7)c Notes of delegation member , on conversations with detainee (b)(6) 68 Notes of delegation member , on conversation with Warden . (b)(6), (b)(7)c 69 Notes of delegation member , on conversation with Warden and Captain b6,b7c . 70 Notes of delegation member , on conversation with detainee (b)(6), (b)(7)c 71 Detention Operations Manual, Detainee Services, Standard 1, Section III.M. (b)(6), (b)(7)c 72 (b)(6) Notes of delegation member , on conversation with Warden 73 Detention Operations Manual, Detainee Services, Standard 1, Section III.A. 74 Detention Operations Manual, Detainee Services, Standard 1, Section III.A. 75 Observations of delegation member 76 Observations of delegation member (b)(6) 77 Observations of delegation member 78 Observations of delegation member 79 Notes of delegation member rvations and on conversation with Warden (b)(6), (b)(7)c and (b)(6) Captain(b)(6), (b)(7)c 67 12543971.4.BUSINESS 7 3. Materials Identified in the Standards The Standards state that all facility law libraries shall contain the materials listed in Attachment A to the section titled “Access to Legal Materials.”80 The facility must post a list of its holdings in the law library.81 The 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.82 Damaged or stolen materials must be promptly replaced.83 DDC does not fully meet this section of the Standards: a list of holdings was not posted in the library, and the wheeled cart of materials provided to detained women did not include all of the required materials. In addition, staff indicated that there are no formal procedures for cataloguing current and new library materials, or for ensuring that the required materials are available. DDC provides detainees with access to materials in a locked room at the back of the multi-purpose room containing the regular library, as described above.84 The locked room is filled with both immigration and general law materials that are available to the regular prison population.85 A wheeled cart on which three rows of immigrationrelated legal materials are stored was located in this room, as was a computer that is loaded with certain immigration-related legal materials.86 DDC staff indicated that the cart of immigrationrelated materials is wheeled to the female detainee pods when requested.87 The materials in the locked room, spread out across a number of shelves and on the wheeled cart, were not organized in a manner that permitted the delegation to assess the collection.88 There were numerous immigration volumes, including what appeared to be pocket parts, that were stacked on top of each other on shelf space in the locked room and had not been removed from their plastic wrappers.89 These and other immigration-related materials were not included on the wheeled cart, which was full to capacity, suggesting that female detainees simply were not provided access to such other materials.90 No list of materials available in the collection was visible in the room.91 A computer prepared by ICE staff outside of the facility was stored in the locked room.92 Upon request, DDC and ICE staff moved the computer out of the locked room into the multipurpose room, plugged in the computer, and permitted delegation members to inspect the computer. It appears that some Lexis software provided on CD had been loaded onto the 80 Detention Operations Manual, Detainee Services, Standard 1, Section III.C. Detention Operations Manual, Detainee Services, Standard 1, Section III.C. 82 Detention Operations Manual, Detainee Services, Standard 1, Section III.E. 83 Detention Operations Manual, Detainee Services, Standard 1, Section III.F. 84 (b)(6) Notes of delegation member on observations and on conversation with Warden Captain(b)(6), (b)(7)c 85 Observations of delegation member (b)(6) 86 Observations of delegation member 87 (b)(6), (b)(7)c Notes of delegation member on conversation with Warden (b)(6) 88 Observations of delegation m 89 Observations of delegation member (b)(6) 90 Observations of delegation member 91 Observations of delegation member 92 (b)(6) Notes of delegation member on conversation with Warden (b)(6), (b)(7)c 81 12543971.4.BUSINESS 8 (b)(6), (b)(7)c and computer.93 Delegation members were presented with two CDs labeled “BICE Library 9020, Release 17, 10/05,” which appeared to contain Lexis search software and a database of immigration-related legal materials, and were told that such CDs had been loaded onto the computer.94 ICE staff verified that this computer did not provide internet or any other connectivity; hence, detainees are limited to accessing materials available on the computer’s hard drive and CDs.95 Due to time constraints, the delegation was not able to ascertain the scope or range of materials available on such computer via the search software. DDC and ICE staff indicated that the law library collection was updated “automatically” because new items were constantly being sent to DDC for inclusion in its collection.96 However, these officials were unable to specify which materials were received automatically.97 These officials also stated that there was no formal process in place for cataloguing current and newly arrived materials at the facility, for verifying the scope and range of computer materials available via the research software, or for ensuring that the law library collection included all materials specified in Attachment A to the section titled “Access to Legal Materials.”98 4. Computer Access and Equipment The Standards specify that facility law libraries shall provide “an adequate number of typewriters and/or computers, writing implements, paper, and office supplies to enable detainees to prepare documents for legal proceedings.”99 DDC does not meet this section of the Standards: it is not clear that there is an adequate number of computers for detainee use, and women and segregated detainees do not have access to the computers. DDC has one computer available for use in its law library, as described above, for legal research, and DDC staff indicated that other computers were available for detainee use upon request.100 However, no printers were available for detainee use.101 One male detainee indicated that he was aware of the computer access offered to detainees in furtherance of their legal research, but he had never requested computer access.102 Another detainee was not aware that the library has a computer and said that he was not provided access to functioning typewriters or computers.103 Because detained women are provided only with access to a wheeled cart of legal materials,104 and segregated detainees are not provided any access to the law library, as described above,105 computer access is simply not available to women and segregated detainees. 93 Observations of delegation m (b)(6) Notes of delegation member on conversation with Captain(b)(6), (b)(7)c and ICE Officer (b)(6), (b)(7)c 95 Notes of delegation member on conversation with Captain and ICE Officer 96 (b)(6) Notes of delegation member on conversation with Warden 97 Notes of delegation member on conversation with Warden (b)(6), (b)(7)c 98 Notes of delegation member on conversation with Warden 99 Detention Operations Manual, Detainee Services, Standard 1, Section III.B. 100 Notes of delegation member on conversation with Warden (b)(6), (b)(7)c 101 Notes of delegation member on conversation with Warden 102 (b)(6), (b)(7)c Notes of delegation member on conversation with detainee 103 (b)(6) Notes of delegation member n conversation with detainee (b)(6), (b)(7)c 104 Notes of delegation member on conversation with Warden (b)(6), (b)(7)c 105 Notes of delegation member on conversation with Warden 94 12543971.4.BUSINESS 9 Paper and pens are available to detainees from DDC and are included in packages provided to indigent detainees.106 One detainee stated that the provided pens, which appear to be special prison107 issued, were difficult to use. 5. Assistance From Other Detainees The Standards specify that each facility shall permit detainees to assist other detainees in researching and preparing legal documents upon request, except when such assistance poses a security risk.108 DDC appears to meet this section of the Standards. The Inmate Handbook provides that inmates of the facility may obtain legal assistance from other inmates.109 It is not clear if detainees are aware of this policy, however. 6. 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.110 Enough copies must be provided so that a detainee can fulfill court procedural rules and retain a copy for his records.111 Facility personnel may not read a document that on its face is clearly related to a legal proceeding involving the detainee.112 DDC meets this section of the Standards. Detainees at DDC may make copies of legal materials.113 One detainee who requested that photocopies be made of certain legal documents reported no difficulties obtaining the photocopies, and was not required to pay for such copies.114 However, one detainee stated that it took three (3) weeks for him to obtain copies of documents for his legal proceedings.115 7. Personal Legal Materials The Standards specify that a facility shall permit detainees to retain all personal legal material upon admittance to the general population or segregation, unless such material creates a safety, security, and-or sanitation hazard.116 The facility may require detainees with a large amount of personal legal material to place some material in a storage area, with access permitted during designated hours.117 The facility must grant requests for access to such stored legal 106 Notes of delegation member , on conversation with Warden (b)(6) Notes of delegation member , on conversation with detainee 108 Detention Operations Manual, Detainee Services, Standard 1, Section III.K. 109 Inmate Handbook at 13. 110 Detention Operations Manual, Detainee Services, Standard 1, Section III.J. 111 Detention Operations Manual, Detainee Services, Standard 1, Section III.J. 112 Detention Operations Manual, Detainee Services, Standard 1, Section III.J. 113 Notes of delegation member on conversation with Warde (b)(6) 114 Notes of delegation member on conversation with detain 115 Notes of delegation member , on conversation with detainee (b)(6) 116 Detention Operations Manual, Detainee Services, Standard 1, Section III.K [sic]. 117 Detention Operations Manual, Detainee Services, Standard 1, Section III.K [sic]. 107 12543971.4.BUSINESS 10 (b)(6), (b)(7)c (b)(6), (b)(7)c material as soon as possible, but not later than 24 hours after receipt of the request, unless there are documented security concerns that preclude action within this time frame.118 It is unclear whether DDC meets this section of the Standards: although staff indicated that legal materials would be available for detainees, one detainee indicated that he could not access his documents, and another that she had trouble accessing her documents despite multiple requests. DDC staff indicated that excess legal documents would be placed in a detainee’s stored personal property and would be available for detainee access as needed pursuant to DDC procedures.119 The Inmate Handbook specifies that legal correspondence is exempt from the requirement that excess mail be placed in a detainee’s stored personal property.120 One detainee indicated that he was allowed to keep legal documents in his cell and reported no problems accessing and retaining such materials.121 Another detainee reported that he could not access his documents.122 According to this detainee, this is one of the most serious problems at DDC; he has requested his legal documents but they have not been provided.123 A third detainee had her legal documents placed in storage upon intake and has had trouble having access to them despite multiple requests.124 IV. OTHER PROVISIONS OF THE ICE DETENTION STANDARDS A. Correspondence and Other Mail The Standards provide that all facilities will ensure that detainees send and receive correspondence in a timely manner, subject to limitations required for the safety, security and orderly operation of the facility; and that the guidelines of each facility pertaining to correspondence and other mail will be widely distributed within the facility.125 1. Detainee Notification of Facility Policy The Standards provide that the facility shall notify detainees of its policy on correspondence and other mail through the detainee handbook or equivalent provided to each detainee upon admittance.126 At a minimum, the notification shall specify: (i) that a detainee may receive mail, the mailing address of the facility and instructions on how envelopes should be addressed; (ii) that a detainee may send mail, the procedure for sending mail, and instructions on how outgoing mail must be addressed; (iii) that general correspondence and other mail addressed to detainees shall be opened and inspected in the detainee’s presence, unless the OIC authorizes inspection without the detainee’s presence for security reasons; (iv) that special correspondence may only be opened in the detainee’s presence, and may be inspected for contraband, but not 118 Detention Operations Manual, Detainee Services, Standard 1, Section III.K [sic]. Notes of delegation member on conversation with Captain (b)(6), (b)(7)c (b)(6) 120 Inmate Handbook at 12. 121 Notes of delegation member , on conversation with detain 122 (b)(6), (b)(7)c (b)(6) Notes of delegation member n conversation with detainee 123 Notes of delegation member conversation with detainee 124 b6 Notes of delegation members and on conversation with detainee (b)(6) (b)(6), (b)(7)c . 125 Detention Operations Manual, Detainee Services, Standard 3, Section I. 119 12543971.4.BUSINESS 11 (b)(6), (b)(7)c read; (v) the definition of special correspondence, including instructions on the proper labeling for special correspondence, without which it will not be treated as special mail. The notification shall clearly state that it is the detainee’s responsibility to inform senders of special mail of the labeling requirement; (vi) that packages may not be sent or received without advance arrangements approved by the OIC and provide the procedure for obtaining such approval; (vii) a description of mail which may be rejected by the facility and which the detainee will not be permitted to keep in his/her possession, etc. The facility will make all reasonable efforts to provide key information to detainees in languages spoken by any significant portion of the facility’s population.127 DDC does notify the detainees of several of the provisions listed above regarding correspondence and other mail in the Inmate Handbook.128 However, several of the requisite policies (i.e., sections (ii), (iii), (v), (vi), and (vii) listed above) are not included in the Inmate Handbook.129 2. Inspection of Incoming and Outgoing Correspondence and Other Mail The Standards provide that facilities may open and inspect incoming general correspondence and other mail (including packages and publications) for contraband in the presence of the detainee.130 With respect to “special correspondence,” which includes the detainee’s written communications to or from private attorneys and other legal representatives, government attorneys, judges, courts, embassies and consulates, members of the U.S. Congress, and representatives of the news media, the Standards provide that facility staff shall neither read nor copy Special Correspondence.131 Inspection of incoming special correspondence is limited to the purposes of detecting physical contraband and confirming that enclosures qualify as special correspondence.132 Outgoing special correspondence will not be opened, inspected or read.133 The DDC appears to meet this section of the Standards. The Inmate Handbook states that “[a]ll incoming parcels and letters will be opened and checked for contraband.”134 It also states that “[l]egal items are exempt from this procedure” and that detainees “will open legal 126 Detention Operations Manual, Detainee Services, Standard 3, Section III.B. Detention Operations Manual, Detainee Services, Standard 3, Section III.B. 128 Inmate Handbook at 11. 129 Inmate Handbook at 11. 130 Detention Operations Manual, Detainee Services, Standard 3, Section III.E.1. 131 Detention Operations Manual, Detainee Services, Standard 3, Section III.E.2. 132 Detention Operations Manual, Detainee Services, Standard 3, Section III.E.2. 133 Detention Operations Manual, Detainee Services, Standard 3, Section III.F.2. 134 Inmate Handbook at 11. 127 12543971.4.BUSINESS 12 material in the presence of an Officer.”135 DDC personnel confirmed that the approach described in the Inmate Handbook is implemented in the facility.136 3. Postage Allowance The Standards provide that indigent detainees will be allowed to send a reasonable amount of mail each week, including up to five pieces of special correspondence and three pieces of general correspondence.137 All such mail related to a legal matter will be sent at government expense.138 The DDC does not appear to meet this section of the Standards: the Handbook indicates that indigent inmates are billed for materials. The Inmate Handbook states that the “indigent allowance/welfare package” includes 4 sheets of writing paper, 2 stamped envelopes and 1 pen (on a on-to-one exchange) and that “[i]nmates who are indigent will be allowed paper, pen and stamped envelopes though the commissary, in accordance to its rules.”139 However, the Handbook states that indigent inmate accounts will be billed $2.35 per packet received, to be charged when funds are received.140 4. Writing Implements, Paper and Envelopes The Standards provide that the facility shall provide writing paper, writing implements and envelopes at no cost to detainees.141 The DDC does not appear to meet this section of the Standards: there is no indication in the Inmate Handbook that detainees may obtain paper, writing implements, and envelopes free of charge. The Inmate Handbook indicates that inmates may purchase items from the commissary,142 and “[i]nmates who are indigent will be allowed paper, pen and stamped envelopes though the commissary, in accordance to its rules.”143 However, as stated above, the Handbook indicates that there is a charge to indigent inmate accounts for these materials.144 135 Inmate Handbook at 11. b6 Notes of delegation member on conversation with Captain(b)(6), (b)(7)cand another Captain at the facility. Specifically, the Captains confirmed that legal communications that are clearly marked as such are opened in the presence of the addressee and are searched for unauthorized material but are not read. 137 Detention Operations Manual, Detainee Services, Standard 3, Section III.I. 138 Detention Operations Manual, Detainee Services, Standard 3, Section III.I. 139 Inmate Handbook at 11. 140 Inmate Handbook at 11. 141 Detention Operations Manual, Detainee Services, Standard 3, Section III.J. 142 See Inmate Handbook at 10, “From the personal section of the commissary list you may purchase 2 each from that list not including envelopes, pen.…” 143 Inmate Handbook, Mail, at 11. 144 Inmate Handbook at 11. 136 12543971.4.BUSINESS 13 B. Inmate Handbook The Standards require that every Officer in Charge develop a site-specific detainee handbook to serve as an overview of detention policies, rules, and procedures.145 The handbook must notify detainees of the facility correspondence policy.146 The handbook must also state that detainees have the opportunity to submit written questions, requests, or concerns to ICE staff and the procedures for doing so.147 The Officer in Charge will provide a copy of the handbook to every staff member who has contact with detainees.148 The DDC does not meet this section of the Standards: the Inmate Handbook lacks required information for ICE detainees on correspondence, grievance procedures, and communications with ICE. There is no handbook specifically for ICE detainees; the Inmate Handbook includes one section on the last page marked “INS Detainees,” which simply states the contact information for the U.N. High Commissioner for Refugees (UNHCR).149 As mentioned above, the Inmate Handbook lacks important information for detainees on correspondence privileges, including correspondence for indigent detainees.150 As mentioned below, the Inmate Handbook lacks required, important information regarding grievance procedures;151 and it also does not include information regarding submitting questions or concerns to ICE staff.152 C. 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.153 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.”154 Moreover, a facility’s staff shall make “all reasonable efforts to accommodate” special food services required by a detainee’s particular religion.155 Detainees in confinement must also be permitted to participate in religious practices, consistent with the safety, security, and orderly operation of the facility.156 DDC does not fully meet this section of the Standards: it appears that Muslims are restricted in practicing their faith. While DDC provides a “non-denominational” religious 145 Detention Operations Manual, Detainee Services, Standard 6, Section I. Detention Operations Manual, Detainee Services, Standard 3, Section III.B. 147 Detention Operations Manual, Detainee Services, Standard 15, Section III.B.3. 148 Detention Operations Manual, Detainee Services, Standard 6, Section III.H. 149 Inmate Handbook at 15. 150 Inmate Handbook at 11. 151 Inmate Handbook at 7. 152 Inmate Handbook. 153 Detention Operations Manual, Detainee Services, Standard 14, Section I. 154 Detention Operations Manual, Detainee Services, Standard 14, Section I. 155 Detention Operations Manual, Detainee Services, Standard 14, Section III.M. 156 Detention Operations Manual, Detainee Services, Standard 14, Section III.O. 146 12543971.4.BUSINESS 14 service in the gymnasium on Sunday mornings.157 A Muslim service is permitted in the library on Fridays.158 However, those of Muslim faith are treated differently from those of Christian faith. One Muslim detainee explained that he was punished (put in disciplinary segregation for 24 hours) for praying outside of the Friday and Sunday services. The detainee explained that Muslims typically pray every morning, and that the DDC does not allow him to do so.159 In addition, he complained that officers removed the leather from his bound copy of the Koran “for security reasons,” but that other detainees and inmates have retained leather-bound copies of the Bible.160 D. 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.”161 Participation must be voluntary, and detainees may not work more than eight hours per day, and forty (40) hours per week.162 It is unclear whether the DDC meets this section of the Standards: information provided by facility staff differs from that provided by a detainee, who stated that only one detainee has been able to obtain work at the facility. According to Warden (b)(6), (b)(7)c , inmates and detainees are permitted to work in the facility if such work is approved by the Warden or his designee.163 The pay is $ 2.00 a day and is contingent upon certain conditions and requirements.164 One detainee, however, stated that there is only one detainee permitted to work in the facility and that he had asked for work but was not given the opportunity.165 E. Special Management Unit The Standards state that 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.166 Recreation shall be provided to detainees in disciplinary segregation in accordance with the “Recreation” standard.167 Access to the law library shall generally be granted to detainees in segregation.168 Detainees generally retain visiting privileges while in disciplinary segregation.169 Detainees in disciplinary segregation may make telephone calls relating to the detainee’s immigration case or other matters, calls to 157 Notes of delegation member , on conversation with Warden (b)(6) (b)(6), (b)(7)c Notes of delegation member , on conversation with Warden 159 Notes of delegation member on conversation with detainee (b)(6) b6 160 Notes of delegation member on conversation with detainee 161 Detention Operations Manual, Detainee Services, Standard 37, Sections I & III.A. 162 Detention Operations Manual, Detainee Services, Standard 37, Sections III.A & H. 163 Notes of delegation member on conversation with Warden (b)(6), (b)(7)c (b)(6) 164 Notes of delegation member on conversation with Warden 165 b6 (b)(6) Notes of delegation member conversation with detainee 166 Detention Operations Manual, Security and Control, Standard 14, Section III.A. 167 Detention Operations Manual, Security and Control, Standard 14, Section III.D.13. 168 Detention Operations Manual, Security and Control, Standard 14, Section III.D.15.e. 169 Detention Operations Manual, Security and Control, Standard 14, Section III.D.17. 158 12543971.4.BUSINESS 15 consular/embassy officials, and family emergency calls.170 Also, detainees in segregation shall have the same correspondence privileges as detainees in the general population.171 The DDC does not meet this section of the Standards: detainees in segregation do not have access to legal materials. The DDC Handbook does not specify the specific rules regarding disciplinary segregation.172 In our interview, Warden (b)(6), (b)(7)c made it clear that inmates/detainees subject to disciplinary segregation had “limited privileges.”173 According to Warden (b)(6), (b)(7)c , detainees in segregation are not given access to legal materials.174 F. Detainee Grievance Procedures The Standards require 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.175 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.”176 The detainee handbook must provide notice of the opportunity to file informal and formal grievances, the procedures for filing a grievance and appeal, the right to have the grievance referred to higher levels if the detainee is not satisfied, and the policy prohibiting staff from harassing, disciplining, punishing, or otherwise retaliating against any detainee for filing a grievance.177 All grievances must receive supervisory review, include guarantees against reprisal, and allow for appeals.178 The DDC does not fully meet this Standard: the Handbook does not indicate the process for filing an appeal, or state policy prohibiting retaliation for filing a grievance.179 The Inmate Handbook provides that written grievances may be submitted “after you have exhausted all other means by inmate request slips.”180 The Inmate Handbook does not indicate whether detainees receive written responses to grievances, whether grievances receive supervisory review, or whether there is an appeals process. Although one detainee indicated that he knew whom to contact regarding a grievance,181 another detainee had never filed a grievance because he had seen others denied (i.e., no favorable action taken on other grievances filed).182 170 Detention Operations Manual, Security and Control, Standard 14, Section III.D.19. Detention Operations Manual, Security and Control, Standard 14, Section III.D.18. 172 Inmate Handbook at 7. 173 Notes of delegation member on conversation with Warden (b)(6), (b)(7)c (b)(6) 174 Notes of delegation member on conversation with Warden 175 Detention Operations Manual, Detainee Services, Standard 5, Sections I & III.A. 176 Detention Operations Manual, Detainee Services, Standard 5, Section I. 177 Detention Operations Manual, Detainee Services, Standard 5, Section III.G. 178 Detention Operations Manual, Detainee Services, Standard 5, Sections I & III.C & D. 179 Inmate Handbook at 7. 180 Inmate Handbook at 7. 181 Notes of delegation member on conversation with detainee (b)(6) (b)(6) 182 Notes of delegation member on conversation with detainee 171 12543971.4.BUSINESS 16 G. Disciplinary Policy The Standards state that facility authorities “will 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.”183 Each facility holding ICE detainees must have a detainee disciplinary system which has “progressive levels of reviews, appeals, procedures, and documentation procedures.”184 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.”185 An intermediate level of investigation or adjudication must be established to adjudicate low or moderate infractions.186 The DDC appears to meet this Standard. In our interview, Warden (b)(6), (b)(7)c explained that inmates and detainees have the right to a hearing when there is a written-up disciplinary incident. 187 The DDC Handbook provides that the inmate (or detainee) can call witnesses.188 Disciplinary proceedings can result in the loss of privileges, solitary confinement, loss of “good time” credit, and other sanctions.189 The Handbook also provides that a hearing officer (“HO”) conducts a hearing on major rules violations.190 After the hearing, the HO determines whether the infraction has occurred and determines the appropriate punishment.191 An inmate or detainee that is unhappy with the result of his or her hearing can appeal the decision to the Warden.192 H. Medical Care The Standards state that a facility must provide detainees with initial medical and dental screenings, primary medical care, and emergency care.193 Facilities with 50 to 200 detainees should have sick call at least three days per week; and facilities with over 200 detainees should have sick call at least five days per week.194 Arrangements should be made with local facilities to provide health care not available on site.195 A physician or qualified medical officer should be available to examine detainees, and there should be a regular sick call schedule depending on the 183 Detention Operations Manual, Security and Control, Standard 5, Section I. Detention Operations Manual, Security and Control, Standard 5, Section III.A.1. 185 Detention Operations Manual, Security and Control, Standard 5, Sections III.A.2 & 3. 186 Detention Operations Manual, Security and Control, Standard 5, Section III.C. 187 b6 Notes of delegation member on discussion with Warden (b)(6), (b)(7)c 188 Inmate Handbook, Sanctions, at 7. 189 Inmate Handbook, Sanctions, at 7. 190 Inmate Handbook, Sanctions, at 6. 191 Inmate Handbook, Sanctions, at 7. 192 Inmate Handbook, Sanctions, at 7. 193 Detention Operations Manual, Health Services, Standard 2, Sections III.A & E. 194 Detention Operations Manual, Health Services, Standard 2, Sections III.F. 195 Detention Operations Manual, Health Services, Standard 2, Sections III.A. 184 12543971.4.BUSINESS 17 size of the facility.196 Also, translation services should be available when medical treatment is provided.197 It is unclear whether the DDC meets this Standard: according to detainees, sick call does not take place with the required frequency, treatment is slow, and translators are not available. According to the Inmate Handbook, detainees receive a physical examination by the facility’s physician within 14 days of arrival.198 The Inmate Handbook states that elective procedures to correct pre-existing medical/dental problems are generally not performed unless the detainee’s health is in jeopardy.199 During our tour, Warden (b)(6), (b)(7)c explained that there were two medical staff and that the medical staff visits every morning. The ability for detainees to meet with a physician is 201 not automatic; the nurses screen requests. However, according to Warden (b)(6), (b)(7)c , if multiple requests are made and denied by the nurse, a further review is conducted. He also noted that a mental health counselor is provided and two psychiatrists come in weekly, and that the Center is nationally recognized in the mental health area.203 According to the Inmate Handbook, routine sick calls are conducted twice weekly; there is a $2.00 sick call charge, which can be waived if an inmate is directed by medical staff to “follow-up the sick call,” or if there is a physical examination or a medical emergency.204 Two detainees indicated that in fact the nurse comes only once a week, and that detainees are instructed to write their requests but that responses are slow.205 According to the Standards, in the case of the Center, sick calls should be made at least three days per week (based on the number of detainees, or five days per week if all inmates are included).206 It is clear that the once or twice a week sick calls made by the Center do not meet the Standards. One detainee indicated that no translators are made available.207 Another detainee stated that it was difficult to see a physician since the nurse decides whether consultation is necessary.208 In response to a question whether this detainee had been denied medical attention, he responded that he had complained about his ears and that they needed to be flushed, but he was given drops which worked for only a few days, and that he had subsequently sought further 196 Detention Operations Manual, Health Services, Standard 2, Sections III.F. Detention Operations Manual, Health Services, Standard 2, Sections III.D. 198 Inmate Handbook at 10. 199 Inmate Handbook at 10. 200 Notes of delegation member on conversation with Warden 201 Notes of delegation member on conversation with Warden (b)(6) 202 Notes of delegation member on conversation with Warden 203 Notes of delegation member on conversation with Warden 204 Inmate Handbook at 9. 205 Notes of delegation member , on conversations with detainees (b)(6) 197 (b)(6), (b)(7)c (b)(6) (b)(6) 206 Detention Operations Manual, Health Services, Standard 2, Sections III.F. Notes of delegation member , on conversation with detainee (b)(6) 208 Notes of delegation member , on conversation with detainee 207 12543971.4.BUSINESS 18 (b)(6) treatment which was denied.209 This detainee also complained that recreation time would be denied to detainees if they were on prescription medication or such mild medication as Tylenol or Advil.210 I. Staff-Detainee Communication The Standards require 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 requests to ICE staff and receive an answer in an acceptable time frame.”211 The Standards suggest that both weekly visits be conducted by ICE personnel.212 Unannounced visits to the facility’s housing areas must be conducted on a regular basis.213 The Standards also require that detainees “have the opportunity to submit written questions, requests, or concerns to ICE staff,” which “shall be delivered to ICE staff by authorized personnel (not detainees) without reading, altering, or delay.”214 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.”215 The handbook must state that the detainee may submit written questions, requests, or concerns to ICE staff and the procedure for doing so.216 The DDC does not fully meet this Standard: the Handbook does not mention communication with ICE staff.217 In addition, detainees expressed difficulty obtaining information from ICE. We were told by Warden (b)(6), (b)(7)c that one or two ICE officers are generally at the DDC Center on a daily basis, except for Sundays, and that deportation officers come at least once every 2 weeks and a schedule is posted in the detainees’ cell block.218 However, more than one detainee complained that he was unable to find out about the status of his deportation case despite repeated requests.219 V. CONCLUSION Our overall impression of the DDC facility was that it was an orderly facility that was tightly run according to a set of rules that offered little, if any, flexibility. While many rules are in place, the DDC does not meet many of the specific provisions set forth in the Standards, and in some cases overtly does not aim to do so – the stated objective for the facility is for all inmates 209 Notes of delegation member on conversation with detainee b6 (b)(6) Notes of delegation member on conversation with detainee 211 Detention Operations Manual, Detainee Services, Standard 15, Section I. 212 Detention Operations Manual, Detainee Services, Standard 15, Section III.A. 213 Detention Operations Manual, Detainee Services, Standard 15, Section III.A.1. 214 Detention Operations Manual, Detainee Services, Standard 15, Section III.B. 215 Detention Operations Manual, Detainee Services, Standard 15, Section III.B. 216 Detention Operations Manual, Detainee Services, Standard 15, Section III.B.3. 217 Inmate Handbook. 218 Notes of delegation member , on conversation with Warden (b)(6), (b)(7)c (b)(6) 219 Notes of delegation member n conversations with detainees 210 (b)(6) 12543971.4.BUSINESS 19 (b)(6) and detainees to be treated equally. While equality is a good objective in many instances, in this situation it has the effect of ignoring legitimate differences between inmates and immigrants in administrative detention that are reflected by the Standards. Additionally, the ICE representatives at the DDC seem to tolerate and accept the objective held by Warden (b)(6), (b)(7)c and the DDC. There were many concerns raised by the interviewed detainees regarding Standards that were clearly not being met, and the unnecessary hardship detainees endure as a result. However, it appeared to the delegation members that the most consistent and important problem is lack of access to required legal materials in the law library. Also, the Inmate Handbook should include the required information for ICE detainees, including information regarding grievance procedures and appeals, and information on communicating with ICE. 12543971.4.BUSINESS 20 (b)(6) Facility Name: DORCHESTER DETENTION CENTER, Cambridge, MD Date of Tour: April 11, 2006 Tour Participants: Dechert LLP attorneys *Standards are Detainee Services Standards unless otherwise indicated. Standards excerpts are typed verbatim. Issues are generally listed in their order from the Report. Report comments in bold are priority issues for ICE-ABA discussion. Inmate detainee Standard 17, Visitation III.I.2. Hours. The facility shall permit legal visitation seven days a week, including holidays. … On regular business days, legal visitations may proceed through a scheduled meal period. Standard 16, Telephone Access III.E. … The facility shall enable all detainees to make calls to the [ICE]-provided list of free legal service providers and consulates at no charge to the detainee or the receiving party. Standard 1, Access to Legal Material III.A. The facility shall provide a law library in a designated room with sufficient space to facilitate detainees’ legal research and writing. III.B. Equipment. The law library shall provide an adequate number of typewriters and/or computers, writing implements, paper and office supplies to enable detainees to prepare documents for legal proceedings. Visits at the Dorchester Detention Center (DDC) are limited to 15 minutes, rather than 30, even for visitors who travel from great distances. (p.4 ¶¶3, 4) Although Warden stated that special visitation requests were permitted more often for ICE detainees, one detainee stated that his requests had been turned down. (p.4 ¶4) Legal visits are not permitted during meals, though may continue after a meal. (p.3 ¶1 & fn.14) One detainee stated that the pre-programmed numbers do not reach the appropriate consular office; the numbers are for New York consular offices, which refer the detainees to the DC consular offices. (p.5 ¶4) Women and detainees in segregation do not have access to the law library, and do not have access to the computers. (p.9 ¶4) There is only one computer available in the law library for legal research, though DDC staff indicated other computers are available upon request. (p.9 ¶4) Detainee ABA Commission on Immigration - Detention Standards Implementation Initiative Warden detainee Warden Warden Warden (b)(6), (b)(7)c (b)(6) 4. Standard 17, Visitation I. To maintain detainee morale and family relationships, [ICE] encourages visits from family and friends. III.H. The facility’s written rules shall specify time limits for visits: 30 minutes minimum, under normal conditions. ICE Response (b)(6), (b)(7)c (b)(6), (b)(7)c 3. Source (b)(6), (b)(7)c 2. Delegation Report (b)(6) 1. ICE Standard* 8/17/2007 1 7. ABA Commission on Immigration - Detention Standards Implementation Initiative s, Detainees Warden (b)(6) Standard 1, Access to Legal Material III.K [sic]. Personal Legal Materials. … The facility may require detainees with a large amount of personal legal material to place some of the material in a personal property storage area, with access permitted during designated hours.… The facility shall grant requests to such stored legal material as soon as possible, but not later than 24 hours after receipt of the detainee request, unless documented security concerns preclude action within this time frame. Warden ICE Officer (b)(6), (b)(7)c Delegation observations. (b)(6), (b)(7)c Detainee (b)(6) Standard 1, Access to Legal Material III.G. The facility shall…permit all detainees, regardless of housing or classification, to use the law library on a regular basis. Each detainee shall be permitted to use the law library for a minimum of five (5) hours per week. III.M. Detainees housed in … Segregation units shall have the same law library access as the general population, unless compelling security concerns require limitations. Women do not have access to the law library, and the cart of legal materials that is brought to their pods does not contain the required legal materials. (p.7 ¶2) No list of materials available was visible in the library. (p.8 ¶3) Facility and ICE staff stated that there is no formal process in place for cataloguing current and newly arrived materials in the facility, for verifying the range of computer materials available, or for ensuring that the law library contains all of the materials specified in Attachment A. (p.9 ¶2) Five detainees all stated (in separate interviews) that law library access is limited to one hour per week, on Wednesdays. One detainee stated that with such limited time each week it took a very long time to type up materials for his legal proceedings. (p.6 ¶5) Women do not have access to the law library, and the cart of legal materials that is brought to their pods does not contain the required legal materials. (p.7 ¶2) Warden indicated that detainees in administrative or disciplinary segregation do not have access to the library. (p.7 ¶3) Although staff indicated that legal materials would be available for detainees, one detainee indicated that he could not access his documents, and another that she had trouble accessing her documents despite multiple requests (p.11 ¶2) (b)(6), (b)(7)c (b)(6), (b)(7)c 6. Standard 1, Access to Legal Material III.C. The law library shall contain the materials listed in Attachment A. … The facility shall post a list of its holdings in the law library. III.E. … The facility shall designate an employee responsible for updating legal materials, inspecting them weekly, … and replacing them promptly as needed. (b)(6), b7c 5. 8/17/2007 2 8. 9. Standard 3, Correspondence and Other Mail III.B. The facility shall notify detainees of its policy in correspondence and other mail through the detainee handbook or equivalent … [and] shall specify: … 2. That a detainee may send mail, the procedure for sending mail, and instructions on how outgoing mail should be addressed; 3. That general correspondence and other mail addressed to detainees shall be opened and inspected in the detainee’s presence, unless the OIC authorizes inspection without the detainee’s presence for security reasons; 5. The definition of special correspondence, including instructions on the proper labeling for special correspondence, without which it will not be treated as special mail …; 6. That packages may not be sent or received without advance arrangements approved by the OIC and provide the procedure for obtaining such approval; 7. A description of mail which may be rejected by the facility …. Standard 3, Correspondence and Other Mail III.I. Postage Allowance. The OIC shall establish procedures to provide indigent detainees the postage allowance that is available at government expense. Indigent detainees will be permitted to mail a reasonable amount of mail each week, including at least five pieces of special correspondence and three pieces of general correspondence. III.J. The facility shall provide writing paper, writing implements, and envelopes at no cost to detainees. 10. Standard 6, Detainee Handbook I. Every OIC will develop a site-specific detainee handbook to serve as an overview of … the detention policies, rules, and procedures in effect at the facility. The handbook will also describe the services, programs, and opportunities available …. Every detainee will receive a copy of this handbook upon admission to the facility. The Inmate Handbook does not include: procedures for sending mail; that general correspondence shall be opened in the detainee’s presence; the definition of special correspondence and instructions on labeling; procedures for sending packages; and a description of mail that will not be accepted at the facility. (p.12 ¶2) Inmate Handbook. According to the Inmate Handbook, indigent inmates are billed $2.35 for the “indigent allowance/welfare package,” which contains writing paper, 2 stamped envelopes, and 1 pen, with the money deducted when funds are received. (p.13 ¶3) The Inmate Handbook indicates that items are available for purchase at the Commissary, and that even indigent detainees will be billed for such items; it does not mention that paper, writing implements, and envelopes may be obtained at no cost to detainees. (p.13 ¶5) The Inmate Handbook does not include specific information for ICE detainees, except for providing the address of UNHCR. As detailed above and below, the Inmate Handbook lacks required and important information regarding correspondence, grievance procedures, and communicating with ICE. (p.14 ¶2) Inmate Handbook. ABA Commission on Immigration - Detention Standards Implementation Initiative Inmate Handbook. Inmate Handbook. 8/17/2007 3 One Muslim detainee stated that he was put into disciplinary segregation for 24 hours for praying outside of the Friday and Sunday services. Muslims typically pray every morning, but the DDC does not allow him to do so. (p.15 ¶1) Warden Detaine 13. Security and Control Standard 13, Special Management Unit (Administrative Segregation) III.D. Conditions of Administrative Segregation. Detainees in administrative segregation shall receive the same general privileges as detainees in the general population, consistent with available resources and security considerations. Security and Control Standard 14, Special Management Unit (Disciplinary Segregation) III.D.15. When developing the schedule for law libraryaccess, the OIC will set aside blocks of time for the detainees in disciplinary segregation.… The facility may choose to provide segregated detainees upon-request access only. Violent and/or uncooperative detainees may be temporarily denied access to the law library …. 14. Standard 5, Detainee Grievance Procedures III.G. Detainee Handbook. … The grievance section of the detainee handbook will provide notice of the following: … 2. The procedures for filing a grievance and appeal, including the availability of assistance in preparing a grievance. … 5. The policy prohibiting staff from harassing, disciplining, punishing or otherwise retaliating against any detainee for filing a grievance. Warden stated that inmates and detainees are permitted to work in the facility if the work is approved. However, one detainee stated that only one detainee is permitted to work in the facility, and that his own request to work was denied. (p.15 ¶3) According to Warden , detainees in segregation to not have access to legal materials. (p.16 ¶2) The Inmate Handbook does not indicate the process for filing a grievance appeal, or state policy prohibiting retaliation for filing a grievance. (p.16 ¶4) Inmate Handbook. ABA Commission on Immigration - Detention Standards Implementation Initiative Detaine (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c 11. Standard 14, Religious Practices I. Detainees of different religious beliefs will be provided reasonable and equitable opportunities to participate in the practice of their respective faiths. III.B. When necessary for the security or good order of the facility, the OIC may limit attendance at or discontinue a religious activity. 12. Standard 18, Voluntary Work Program I. Every facility with a work program will provide detainees the opportunity to work and earn money. Warden 8/17/2007 4 Warden Inmate The Inmate Handbook does not mention communication with ICE staff. (p.19 ¶3) Detainees expressed difficulty obtaining case status from ICE, despite repeated requests. (p.19 ¶3) Inmate Handbook. ABA Commission on Immigration - Detention Standards Implementation Initiative Detaine (b)(6) There were 59 ICE detainees at the facility at the time of the delegation visit, and a total population of 199 detainees and inmates. (p.2 ¶2) According to the Inmate Handbook, sick call is only provided two times per week; but two detainees indicated that a nurse only comes once per week. These detainees indicated that sick call response times are slow. (p.18 ¶4) One detainee stated that no translators are made available. (p.18 ¶5) (b)(6) (b)(6) (b)(6) 15. Health Services Standard 2, Medical Care I. All detainees shall have access to medical services that promote detainee health and general well-being. III.A. Every facility will provide its detainee population with initial medical screening, cost-effective primary medical care, and emergency care. III.F. Each facility will have a mechanism that allows detainees the opportunity to request health care services provided by a physician or other qualified medical officers in a clinical setting. All facilities must have a procedure in place to ensure that all request slips are received by the medical facility in a timely manner…. Each facility will have regularly scheduled times, known as sick call, when medical personnel will be available to see detainees who have requested medical services…. Sick call will be regularly scheduled in accordance with the following minimum standards: … 2. Facilities with 50 to 200 detainees – a minimum of 3 days per week; 3. Facilities with over 200 detainees – a minimum of 5 days per week. 16. 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 form shall be delivered to ICE staff by authorized personnel (not detainees) without reading, altering, or delay. III.B.3. Detainee Handbook. … The handbook shall state that the detainee has the opportunity to submit written questions, requests, or concerns to ICE staff and the procedures for doing so …. 8/17/2007 5 DORCHESTER DETENTION .... CENTER , ',I'N'MA,'T,"E ", - . INFORMATIONAL HANDBOOK . . . . " . CMT# ~-- REVISED: OCTOBER 17, '2003 . . . " '! ~~ ",. ~ _.' ---- - ---- --------------------- - --------------------------------------------- -----'-.-~-;----------------------------------------.------------- -------------------------------------------- nTLE JDtroduetion I:Rtab Allowable PcnooalltaDs Allowable 11ems in Your Cell PersoDal aod F&."iJity Laundry Detention Center Issued Clothing TABLE OF CONTENT PAGENUMBD Properor Non-DisaimiDation Clastification CbISsificatojn Review Process aassiflt:alDiD Hearing Appeal IJll1!8fes BxertiDa Cedrol ProCedion From Abuse Head Count Procedure 1 1 1 2 3 3 3 3. 3 3 4 4 4 4 S.,A.V.B 4 RuJes BOd Rogu1atioDS SIIOCtioas 4 Grievaace Procedure SmnJdngPoJicy Propm. PaticipPP4uaItioDa1 and Substance Abuae Progtams Visitation vlBitaiob. Sdledule SpecjalV_ LoplV_ CoIaUatIon of Visitation 6 7 7 8 8 8 8 8 8 8 baatkln 8 Television 9 9 't~. Won: Rdease Prognm lobs Medical Services SictCall Ph)'sical ExanriDation Medicalioo Non-PIescriptio l&dicatioDs SpecaiI DieCs ReJigious Services Libniry o.""lIIiS1UU)' IndipDt Allowance I Welfilre Package 9 9 9 9 10 10 10 10 10 10 10 MagazinM I books Access to Media 11 11 11 11 12 12 12 12 Contraband Search Policy 12 12 Cell Searebes 12 General Housing Unit RequiremeDts 12 Meals Mail MoaIyOrder Mall Accumulation Newspepen. Perscmal Hygieue Sanilatiop. Maitmmance Problems Request Slips Access to Records iegaJ. Matters Parole Information Release Responae to F.mergeocy HairCuts ComnuuW;able Disease Policy INS tietaioees RBVISED DAn: 17 OCfOBER2003 12 13 13 13 13 13 13 13 14 14 14 15 (b)(6), (b)(7)c feSJpoIllStb.le fur any item more or dmi8ged. Page 2 DORCHESTER DETENTION CENTER ALWWABLE I[EMS FOR INMATES IN TftEIR CELLS ITEM AMOUNT Inmate handbook Eye glasses or conUlct lenses Hearing aid ' False teeth 1 Wedding Band 1 NO STONES NO SET AMOUNT 6 6 6 2 sets 6 Persanallegal nmteriaJs Undershorts (white ,Qr baSiC print) , Crewnedc short ~ ~ shht(White in color nO pockets) Socks (white'in color no'Stripes) Longjolms (OCT 1 thru MAR l) (white in color) Panties(fimaIe,oDIy,Whlie 'or basiC prim in coior) Bras(Females only)(No lJIlderWire bras, whi.t2 in colOr) Tennis shoes (No pumps. straps, bardpbistic or metal) removal 1 set 1 set 1 set 6 1 pair Shower shoes Mattress Sheets ..; 1 pair 1 2 Property Tub' , DDC oraDge 'sbirt; 1 1 DOC otaD&e pams 1 DOC orange shorts 1 Laundry bag 1 2 1 1 B~ Towel Face cloth ~ : Toiletpaper ConImissary food items Hygiene irems Pen ~DC issued blue ink) Pony 1ail rings Letterf~ offour pages for a total of80 pages) 2 rolls SO 2 of each 1 5 20 Newspaper 1 MagaziDesIbooks(lncting DOC library ,legal, and religious) 8 Pictures 20 total Soft glasses casekontBct lens case 1 Religious ~ cdver (100% cloth materials) 1 Religious handmade woven symboJs(string no wider ' 1 than liS" diaDieter ~ no ~~ 2"x2"x1l4" ,must be loose fitting around the neck} Any medication approved by,the DOC (still in proper 2 ~,.J!'? ~ then twO packetslcomainers of eaclfniedication), " Kitchen JssuedFIult ., . 2 pieces CONTRABAND: CONTRABAND IS DEFINED AS ANY ARTICLE WIDCH IS RECEIVED 'rBROUGHUNAUIHORIZED CHANNELS OR WHICH IS NOT ALLOWED IN THE INMATES POSSESSlONWHILB INCARCERATED IN THE DOC. IF AN INMATE IS FOUND TO HAVB CONTRABAND TIlEY WIIL BE SUBJECT TO SANCTIONS Otm.INED IN THE DDC POllCY AND PROCEDURES MANUAL. ANY ITEMS I cONTAINERS THAT ARE EMPTY OR MODIFIED WllJ., BE CONSIDERED CONTRABAm>. PERSONAL AND FACILITY LAUNDRY Page 3 Dirty laundxy. personal or fiwility. will be collected on the .l2..1u.& shift on the scheduled daY as listed: MONDAY POD A FRIDAY FEMALES AND MAX TuEsDAY POD B SATURDAY OPEN SUNDAY LlWO 0800;.1600 WEDNESDAY POD C THURSDAY POD D , ' Qwmtities and type articles must be accounted for on the personal laundry fOl'Dl prior to placing laundrY bags on the laundry cart. When cleaned, your _dry sbail be fetumed to you in each pod by a Correctional Officer using theideotifiamon 111lJI1bei'on the bag • The CO and you will initial the , laundry form fur receiving clean clothing and makfug sure all personal laundry is returned. Facility laundry wpl be exchanged for cI(Wllaundry by each inmate NO EXC)WIION II! DETENTION CENTER ISSUED ITEM AND CLOTBJNG MA'ITRESS $ 70.QO $ 3.50 TOWEL 2 SHEETS 2 BLANKETS $ 15.00 each PROPERTY TUB UNIFORM SHIRT $15.00 each S 8.00 ' $ 7.00 $10.00 $ 6.00 $ .2S FACECLOm S 1.50 " UNIFROMPANTS GYM SHORTS $ 7.00 LAUNDRY BAG CUP $ 2.50 S})ORK YOU WILL SIGN FOR AND BE HELD RESPONSIBLE FOR 'l1IESE ITEMS, IMPROPER WEARING OF DDC ISSUED CLOtIiING cAtisiNGDAMAGEs OR ANY ITEMs " DAMAGED WILL REStJLT IN YOU REPLACING THE ITEM AT THE CURRENT MARKET PRICE, AND/OR HAVING CRIMINAL CHARGES PLAClD AGAINST YOU• .' IDlBBle jDqgpJgc packet one of_ ~. ·'0" • soap, comb, toothpaste, ~ ~ shower, shoes, and Two(2) roDs ofmi1et paper - You must sign the razor sheet the preceding night to receive a tazOr. 1his will be issued and collected by the Correctiooal Officer. TWO (,2) roDs oftoilet paper wU1 be " issued weekly, ftom then on. you WD.L WEARPANTS, SHIRTS, OR T-sHIRTS, SHOBS AND , SOCKS ~ YOU EXlTYOuR CBt.L..~ staffWill fill out a medical screeniog roml, based on their observations and on iDfimDation yOu suppJy. AchisO Medical of problems needing . ' ' iimnediate attention. You are initia1ly placed in intalre until intei'viewed by ~on Processing Officer (APO). who will assign you a cell. If sentene~ to serve weebnds you may not see' an APO but will be assigned directly to a cell by s ~ Supervisor. an PROPERTY All valUables you. are cen an , ' not allowed to keep will be plaCed in your prope!'o/and a change ofci~ 'win be kept at this mcility. AU ~ items will be turned oVer to a fiunilY member or ftieod witbin the firSt , . 30 <1m of intake. You will be permitted 2 phone c:aUs at:your initial intake process. in order to m$:e.: arrangements for items to be picked up. Wben these items ~ picked Ui\ the person picking ~ up must sign for them. In cases where an inmate is from out of state. or has no personal ties to the ~ you will provide an address for these items to be 'shipped aiyOlir cxpeoSe. In cases of an indigeot~, the package will be sent C.O.D. Any and all items you are allowed to have wi1hin this mcrnty are your responsibility. You will be required to sign an inventorysheet to veritY what property is yours. Circumstasces not covered hi the above poliCy will be revieWed by the Warden. NON.DISCRIMINATION Discriminati.on is prohibitCd based on race, religion, physical handicap. sex, political belief 9l" national origin. CLASSmCATION WIthin 72hours after arrival at the DOC. excluding weekends and holidays, you will be ~ewed by an Administrative Processing Officer (APO) then you Will be assigned a cell; according to youi " charges, bond, or sen~e. criminal history and personal history and traits. . CLASSlFICATIONREvmw PROCESS Unless already assigned to an institutional job as a result ofyout initial classification intervi~, you will be re-assessed by an APe after in the ce.ttter for 1&Odays. The purpose of the reclassification is to review your custody level and determine if it should be changed as a result of changes in your • CLASSIFICATION REVIEW PROCESS CONT. Page 4 commitment status or institutional adjustment. If determined you are eligible for ,a status ~, you will be scheduled for a C1assi:fication Hearing Within two (2) ~ks. Ifdetermined yOu are ineligible for a status change~ you will be advised of the reasons for this decision. Please note, your custody level will be reviewed whenever there is a change in your status, or every 180days. CLASSIFICATION HEARING APPEAL , Following the APO InterviewlHear:in& ifyou object to ~e decision, you have the right to appeal to the Classification Coordinator wi1hin five(S.)days. The appeal must be submitted on an Inmate Request Slip and must include the specific reasons you disagree with the decision. Once received. 1Iie cOordinator ,,' will review yom .appeal and notify you in writing ofius deciSion within ten OQ) dayS Unless an investigation is necessary and exceeds the ten day limit. In such instance, a written ~e will be forwarded to you as soon as possIble. ' INMATES EXERTING CONTROL Imnates are prohibited from supervising. controlling; and exerting or assuming authority over other , ininates. Inmates may NOT control ~ property, etc. of other inmates. ' PROTJtCTION FROM ABUSE Disciplinary action will be 1aken against staft1imnates who abuse other staftTmmates. Abuse should be , reported promptly to the Warden by use oh grie~~ furm §l2.. " " HEAD COUNt PROCEDURE , '" " " ,. ' Upon the announcement ofI1lDlilte Hrad Count.. all inmates shall pioceed to their cell / ~ area and' remain th~ mitil the BDIlouncement, Jbe Conitt is Clear.. ' s.A.V.E. PROGRAM STOP ARREST AND VIOLENCE EARLY This ~on Center bas' eslablisbed the S.A.'V.E. Program to 'detef the Youth ofDot'cheslerCouoty ftom becoming involved in erimef'mcmceration. To fBcilitate the piograu1 the Warden;tpay ~ a total lock down. This PrOgram hopefuJ1y will save a:tamny member or in the future, so worlc with us to make this program a success. " mend RULES AND REGULATIONS In an institutional setting where many persons live and work ~er in a c:onfined area. exceptional care must pc taken to maintain reasonable order to ~ persons and property. Discipline is an ' absoI.-are ~ of facility life. The eommission of the following acts constitutes violations of DOC rules. ' " . ' M;\JOBBlJI,U 1. ASSAULT Assa1Jlt, Assault and Battery, Assault by threatening to do bodily harm, with or without a weapOn. 2. 3. 4. S. 6. SExuAL ACT$ Sexual acts, with or without consent, including, bu(not limited to Sodomy Perverted Unnatural Acts or Rape. " RIOT / D I S T t $ B J \ N C E , , Actively participation, committing or being involved as an. active participant in any maimer, ' in mntinous act, riot. or disturbance. The planning ot: or the hiding Or secreting ofthose involved in any mutinous act, riot, or disturbance, before or after the f8ct. WEAPONS Making or possessing any weapons or ~ articles, which have been modified into a Weapoq. ARSON Being involved in !lIlY manner with an act or attemptCd act of arson including but not limited " to the setting of a :tire in any area of the institution; pulling a filIse fire alarm.,or the , " possession of incendiary. EXTORTION I BLACKMAIL Any act of extortion; blackmail, coercion, bribery, or strong arm. i I RULES AND REGULATIONS Page 5 7. TaREATS Any written or oral communication which reasonably suggests a threat ofbarm or attempted harm to statt: other :inmates or property. S. INTERFERING I RESISTlNG Resisting Of interfering with any public or private employee in the lawful perforinance of hisIher duties within the institution. . 9. 10. 11. 12 13 14. ESCAPE Escape, including attempting to escape, failme to return from WOIk release as required, aiding any~, ~ escape or possession of implements which could reasonably be used to perpetrate an escape. ABSENCE :&om any court, leaving an assigned area without permission or being i:d any area without permission. ... WORK PROGRAM I WORK RELEASE Unauthorized lateness or absence :from. work, or assignments. DRUGS 1bc use, possession, sale or attempt to sen of any drug or narcotic or substance defined as a ~ned dangerous subsCance in Article 27 of~ Annotated Code ofMarylandt or the possession ofnay paraphema1ia used to administer the substance as defined by Maryland Law. ' ALCOHOL I INTOXlCANTS a. The use, possession, sale or attempt to sell intoxicants (alcohol or drugs) not prescribed or aui'horiDKl by the iDstitution's physician, or being intOxicated or under tbe influence of immdcants (iotoxiamts shaI1 include .I[iealted~ jiIoppl weed, or any other ~reasonab1y have thO e1tectotan ~). b. Refusing to submit to an authorized test for detec:tion of drug lind I or alcohoL CONTRABAND . , a. Refusal to ~ seard1ed or haye ~ ~ cen or loCken searched for contraband.. 15 16. . b. The possesstOD.. • ot: or the passmg • or re<:emDg .• ofcontlallend another . , .; ftom . . inmate - visitor . '. and/or employee regardless of the place of ~ whether it be the housing atea, work. area, or "¥isitbig area. Contraband is any article wbicb. inmates are 'not authorized to have in 1heir possession ~ prescnDed in 1he roles ofDDC or items authorized 1hat bave been ' modi:J:led in any way. FORCHNG/ALTmUNG FOrging and, I or altering of any official paper, document, letter, money receipt. etc., or being in possession of same. FALSE INFORMATION Knowingly or intentionally giving employees false information @lating to institutional matters. ' 17. OISOBEYING AN ORDER . ;, _ Disobeying a direct lawful order given by a DOC employee. acting in his I her official 18. REFU$ALTO WORK I ACCEPT HQUSING Re!lJsal to worlc, accept housing or carry out an institutional asslgmnent. 19. STEALING . Stealing or taken without proper petmission property from another inmate, an employee, authorized agent or visitor ofthe DOC and I or posstssion ofproperty belOnging to aoyone. ~. 20. 21. . else Witb.outproper~. DESTRUCUON OF PROPERTY ,Malicious and I or wilI:fuI destruction, alteration. 4efacing~ tampering or misuse of any county and I or personal property. equipment. materials, toOls or machinery belonging to someone else. . DISRESPECT Exhib~ demonstration, or conveyance by word ( oral or written ) gesture or deed including but not limited to vulgarity, insolence or 1hreat of any disrespect for any employee. visitor or guest. .. RULES AND REGULATIONS Page 6 SOLICITING I CONSP1RING 22. Soliciting, conspirin& being an accessory to and / or aiQing in the commission of any other major rule shall constitute a violation of that rote or rules. 23. SMOKING Uses of or possession of materials that could be used to smOke. 24. VIOLATION' , Ofany Federal, State. Local law. DOC rule, Regulation or Contract -.y MINOR RULES 1. 2. 3. RECEIVING STOLEN ITEMS J Receiving and / or giving away stolen or unauthorized items. ' RECKLESS BERAVIOR. . Intentional or reckless behavior or gross negligenCe which results in physical harm, property dainage or destruction. ' G~L~G an forms of gamb1iDg TELEPHONE, Unauth~ use ola telephone, Any and 4. S. HYGIENE ' ' Refusal to maintain personal cleanliness and I or cleanlinesS and good order in the hoosiDg area,. , , Inmate must ~Wet on their hOusipg level only. 6. 7. 8. 9. INAPPR.OPRIA~ DRESS, " " " ' Failure to complY widl the iDs1;itutionaf t:kesS cOde. IN AN UNAUTHORIZED CEU. Inmates are not pennittedin other inmates ceUs. CLOSING CELL DOORS. ' een doom are to be closed by COttectional Officers ONI.y~ Ifthe door is closed it will remain closed until tho next scheduled • ~~~'!~S=~JaylDgOde_or therailiDgs. , ' ," " , ", .... SANcrIONS 1. The ~ Officer (HO) may follow the beloW listed guidelines when holding a board bearing if the inmate is fuund guilty of a tm90r role violation. a. Loss of good conduct time for the C\llTCIlt month b. Loss of or inmate my an privileges , c. Removal / Suspension from Work Release d. ~ovall SUspeIision from Work Program Imnate status ct R.e-assignment to a gi'eater custody level f. P1acement in segregation , g. Iffuund guilty ofviobltion Major rules 20, 23 and / or minor rule 2 , an inmate may be required to pay all reasonable expenses associated with dte, repair and I or replacement of property damage or destroyed. ' h. ~ovall Suspension from inmate programs. i.e., education, AA. and N.A. classes. , i. CouriSeling and, or warning , j. Inmates are also subject to prosecution through courtS. in addition to clisciplinary action witbillDDC 2. The HO may recommend one or more of the following sanctions for each minor rule violation:; a. Placement in a Jess desirable'housing area' " b. Loss ofup to five (5) days ofprivileges c. Probation SANCl10NS Page 7 3. Loss of all privileges means: a. Commissary b. Personal Visits p. Recreation d. Self-help programs ( fur major role violations only) e. Any othi'l" privileges given to the gen~ population 4. Loss of good time m~: _ a. Loss of all good time earned during the montb.1he violation occurred. 5. Segregation time means: Placement in maximum. security (seg:A male i!mJates and maxjmmn for females). When the segrepti.op. time ~ completed: th~ must be reclassified before being placed in general pOpuladoh. Maie nDnates wilI~ pl8ced in~ B ap.d female inmateS ~ to be placed in female processing pending a recJassification hearing. 6. Probation'means: ., ,. . , p~ on probation means that if during the probation time the inmate violates ~ rules of the 13ci1ity he I ~ will be cbarged wi1h the rule violated plus be cbarged with role # 17, disobeying an order, and be required to serve any time remaining fur his I her original sanction that was ~ded.fo.r probation time at the ioitial1:Joard heating. 7. Time tables for discipJ.in8iy hearings; , a.1be inmate shall be served with a copy of the Jn1l'action widrln 43 ht:itJm ofthe date I time of theotfense, QI"withi1i43boms ofthe,~~~the·custodyofDDC. b. tfu.le;!s Wavered by tile iAmate riDe shall not hOld DisCiplinary Iieatjngs for 1he first 24hogrs afterthe~is ~ " ,,' , . ' c. Unless prevented by ~ ~ which'nm$t be~ the inmate shall appear before the _H~ omcer_~1Ile ~within 96400ts of the a.Ueged in:6:action excludiDg_W~ds and. HOlidays. ' ., _ , d. The accused inmate(s) has the ri8ht to repreSentation I wi1nesses at the hearing. e. Ifthc; inmate is fuund guilty at a DiscipJiDaIy Hearing they have fiB (5) Jmtinr ~ to appeal the decision of the Hearing 9fficer. Tho appeal ~ be submitted -on an Inmate ' Request Slip to the Chief ofSecurlty. , ;. _ _. " '. 8. The Warden l11ay. at his discretion, impose or reduce· any sanction he deeIDs aPPropriate. =::~:==CQnCerDingaC~/~~~·~~deoi~by, the Chief ofSecmity and believes there is suiIiciem: iDfornlation to mO<ti:fy or oVei1uJU said -~ must appeal to the Warden within me (S) days ofthe decision. IntQates desiriDg to tile a _. , Complaint/Grievance ConCerDing a DOC policy~ employee, etc., will do so, by obtaining a ~ I complaint form # 602 from the classification Coordinator. The ~ I complaint torm #601. may only be obtaiDed afterY9ll- haVe· exhausted an other ~eans by inmate request~. When ~ a request for a 602 form you must state details of'the grievance I complaint and aU attemptS that have been made to remedy the grievance I complaint. You will submit funn # 602 to the wanten fur investigation. SMOKING PollCY DOC is a smoke free facility. Inmate I Staff are prohibited from smoking or possessing smoking materials in all areas. PROGRAMS PARTICIPATION for DOC provicfus confinement convicted I pte-trial inmates, it is necessary to distinguish between the$e_ groups concerning rigb,ts to particIpate in walk assignments and programs. .._ ..' Convicted Inmates - may refuse to participate in activities. services aI1d programs with the ex~ption, of work assignp1~ essential ~o ~ the operation, safety and mainteliance of the institUtion, . ,programs specifically mandated by statue (law). baSic ecluC8tiori progialns. or programs Ordered by the sentencing court or based upon written agreement. Refusal to maintain the cleanliness I orderliness of living area or any order designed to ensure the security of the institution or which is mandated by the court will be documented and disciplinary D1easures will be initiated in accordance with policy. Page 8 Pre-triallnn(ates - will be required to maintain the cleanliness and oi'derliness oftheir tiving" areas and engage in any action. which ensures the secmity ofthe.fucility or which is mandated by the comt. Pretrial inmates will not be compen~ but may volunteer, to participate in any program, activity or PROGRAM PARTICIPATION - assignment except for the aforementiooed. Refusal to participate in programs, activities or asmgnments will not result in any form. of institutional penalty. Refusal to ~ in facility wdIk assignments, program mandated by the $tUe, te. medical, and ordered by the court. i.e. drug I alcohol therapy, etc, will be docum.~ by the appropriate employee and disciplinary measures will be initiated in aceordance with institUtional policy. . EDUCATIONAL AND SUBSTANCE ABUSE PROGRAMS Regardless of your security rating, you will ~ eligible to enroll in the education and lor substance abuse programs, except those who are a seeurity risk to the fuci1ity. These inmates Will be required to work independently in their housing unit areas. Inmates interested in enrolling in the education or substance abuse programs will submit an inmate request slip to the Programs Officer stating their . ~ . VISITATION During proce$Sing you were adViSed by tho PrOceSsing Officer you are ei1titled to receive weekly visits. You are authorized tml.(2). ~ f9r15 nrinv$A. No one lJIlder the age of 18 is permitted to ~ inmates, except, the ~ Saturday ofeadl montlt'Wben' minOt children wdei' the 8ge of is are permitted visit and must be ac:companied by a parent gliaIdiiiD. 'dUring the visit and shaH be C;ouoted as (2) visitors for that visit. You are entitled to 20 visitors per month (pro-rated). Once a COnversation has started on a visit it will be COUIlted as. a visit no matter how long,the visit lasts (Maximmn of~ or minutes). Visiting privJ1egeSlQay be ~ or ~ as a'di$cipHnary~.· When yoorname is called you sba11 be ready to leave the Pod imi:D.ediafely. FaibJreto do sO sba1l CAIIlcel di8t visit. Your visitor must sign in by 10:45 am or 2:45 pm, and visitltion will end at 11:00ain and 3:00pm. . • . ' • : ,:' •• ~ > ' ," VISITATION SCBJIDULE Wednesday & Saturday 9:O(}am to 11:0oam " All P~on 1:00pm to 3:00pm. AD P~on SPECIAL VlSITS . All spedal visits will be approved in writing by the Administrative L~ Th~ vbfits will be based Upon ~ emergencies or special situations atler verification has been m8de~ No sPecial D.O.C.time. yoU innst be incarcerated • 'ooswill be. made provm .,. tbr . inmates·· .. recetVJDt. ,. ,..... ,;. '. . . for a 90 day period with no infi'aCtions fornon~ Or Special ~oris~. ' . LEGAL VISITATIONS You will beanowed.pri~ ~on'~ your Probation officer, etc. You will be allowed IK;Ce$s to 1he courts, imd legal aid through correspondence.. We Will not hinder your Iega.l attorney. access. CANCELLATION OF VISITATION Visitation hours may be canceled in times of emergency or some other Bona F.ide reason: by the Warden or his designee. RECREATION DDC has recreation areas that are opened according to a schedule that allows each housing area to use the indoo~ I outdoor recreation areas twice a week. DDC also permits extended. time periods in the Day R.oom areas for Leisure Time activities and ~ encourage the use of such room for limited exercise and physical activities such as push ups; sit 'upS;lunning in p~. aerobic exerclses~ oDe alsc)'ptovides televisions most housing areas along with game tables with games to enhance Leisure Time a~vitieS. Recreation may be canceled. in times of emergency or sOme ottier Bona Fide reasOn by the Warden or . his designee. m TELEPHONES Page 9 Telephones are provided iri all pods fur use between the homs ofl:QQam and JO:OQpm daily. , Telephones are a privilege and can be suspended. These phones work on a conect call system, with a twetnY (20.) nrim:d:e timer. Use oftelephones will not interfere with the fucility programs or comts. Phone book wDl not be given to imnates. TELEVISIONS Television use is a privilege and may be withheld ifyou filiI to comply with any hollSing uoit regnJation. Televisions are available in each housing unit except in Max A. Female Max. Admin. Seg A and B, Medical holding, Detox, Male &. Female Processing. WORK RELEASE PROGRAM Only inmates sentenced by the courts, to Work ReleaSe (LlWO) may participate once they have met the criteria ofDDC. JOBS While incarce.rated in the DOC the opportunity to work may exist. Working in these prognu:ns is a. privilege which may ~ terminated based on yeur perfonnance I attitude. Inmates may work for AU1h.orized County Agencies and Qther jobs as approved by the Warden. or his designee. ro~ in any of these programs you should be seDtenced to the DOC and follow the listed 8lrldefin.es: a. Have DO detainers b. Obey Facility roles c. Be in good health (Medical Clea;rance) d. Have approval ofthe Classification ~ When working in this capacity you will receive $2.00 a day for this work. Work Program Inmate(s) (WPI) WOIk as worlcers in the facility. There must first be a vacancy and normally you must be: a. Sentenced to, the 1Bci1ity " b. Have the Medical Staff approVal c. Have DO 4isclPlli.:larY reporIs on file within the ~ 30dan ,' Ifyou are se1ecte4 as a WPland bIwe a~, your work will be confbJ.ed to the filcility intuior" When worldng as a WPI you will receive $2..00 as day for each day ,WOIked. The money is paid by the , agencies you wOJi: for. When ~ you dO~ bJl~ftee J;UI1 of1he &cility. You will work ~ the . , .. area to which you are assigned. Rest periodslbreaks and movement to other areas are controlled by the Shift Sttpervisor, Cor:rectional Officers or 1he facility employee in charge of1be area to wbich the WPI is assigned. wprs will not caay food or drinks out of1he area to which they are assigned. Levell Pre-trial or senteJlced, ~ Security:rating Level2 Pre-trial Or senten~ Min ,security rating or s2,500 bond or less Level3 Sentenced. Min SeCuri1;y rating with Outside clearance MEDICAL SERVICES DOC has an ac<:redited medical program. for inmates. You guidelines and direction of the iilcllity physician. are afforded medical care under the SICK CALL Routine sick call will be conducted at this fBe~ twice weekly. To make sick call you ~ do.the following: When the Medical Staff comes to your housing area you must advise them ofyonr Medical problem. and it will be reviewed. ' If an inmate chooses to use the sick call procedure a S2.OO... cbarge may be levied against the inmates account The charge shall be waived in the following ci:rcunmances: *the imnate is ~ by medical sfatIto folloW-up sick call *Physical examinations ' r , ·Medical emergencies ( as determined by medical 'staff) Each $2.00 charge incurred by a visit to sick call shall be deducted from the inmate's account. If an ~ has iQsuffi.eient funds In. hislher account the $2.00 cbarge(s) sba1l be entered in the' account and deducted only when it is determined by the administration of the Dorchester COtmty Detention Center that the imnate may have sick call charges ~d The Adm.inist.rati.on may also waive the $2.00 sick call charge at any time. SICK CALL CONT. Page 10 All inmates will be provided equal access to health care. Trea1:Inent necessary for health main~ will be provided. Elective procedores to correct pre-existing medicaIldental problen:is will generally not be performed if the inmate's health is not jeopardized. PHYSICAL EXAMINATION WIthin fourteen days oflncarCeration you will reCeive a physical ~ination by the faci1ii:y physician. The facility medical staff, in preparation for the exam will check your blood pressure and other test You will not be charged for this physical. MEDICATIONS ) The licility physician will prescribe all medications QD.d authorize treatment. You will be given the dosage prescribed on the medicine container labeL Medicine will be ~ in the~· ofmedical staft: Have a cup ofwater in band when II1ediations are given out. You may be asked to open your mouth to check to assure the medication has been swallowed. . NON·PRESCRIPTION MEDICATIONS Over the ~ medications will be main1aine<i by DOC Coinm.issarY personnel Indigent inmates who request over the counterJDed sha1l be refer.red to the medkal staft: and medication may be provi~ once they are designated bid.igeDt. , Sl'ECIAL DIETS Inmates requesting a special diet for medical reasons must submit a request to the medial staft: All other diet request must be submitted t9 the ChiefofSecurit;y in writiDg. RELIGIOUS SERVICES Yau are atforded the opportunity to practiCe religiOn while incarcerated. On ditferei1t daYs of the week, authorized people ftomlocal cliorches may come into the &eiIity fur services. Islam stUdies are n~ conducted on Fri~ Non ~oaal services 8r6 Conducted on Suiidays. Inmates are aBowed to possess one religious ~ade woven symbol ahd stririg ~ to be woWn together as one unit. The symbol shall not cputaiil toil or any other metal object. The string can be 'DO Jarger than liS" in diameI:i!a-; must be lose 1i.iting &round the neck ~ the symbOl must be'fio bigger than 2" x'21t X . , , , " W~ LIBRARY .DOC offers an iostitutionallibrary service. J;looks may beobtairied 1tom the h"braIy, which is mad~ awilable ,to each inmate housing area on a ~ basis. You are JIlIowed to check out thtee·books from the DDC hlnry. I1l11lS!fe$ are eXpected to take eare of the bookschoseD. and returri. them. as stated· in the hlmuy agreement. IfYOli damage books you wiD. be required to replace or repair said items.·DDC has a legal library, where you may CQnduct legal research. Inmates wishing to receive reading materiaI or copies of the Annotated COdes, may do so by completing an Inmate ReqUest Slip. There sha11 be a 20 cent per copy charge. COMMISSARY The DOC commissary is controlled and administered by the Chief of PrOgrams or des~~ The foIlowiQg is'a'Jist oftbe conunissaryprocedures: ' ' ' 1. Commissary orders will usually be delivered on Thursdays. Delivery time inay be extended to evening hours. Facility operations receive top priority, and commiMarY in not a top priority matter. 2. Commissary request slips will be distribUted to the inmate population on TuesdaY evening, and collected by Officers prior to 12:0Qpm that evening. any requestS not in by this time will not be honored. Yau must write your commitment numbers ~n your'commissary order form. . 3. Only inmates with fatids in their account may purChase iteins from the connniSsary~ Purchases Will be made in your name oniy. 4. Inmates are allowed to purchase 50 food items. From. the personal section of the commissaI}' list you may ~ 2 each :from that Jist not including envelopes, pen and personal hygiene items.. 5. Imn3tes are allowed to store Up to the limits offered on commissary. Food itemS may be stored unopened in the storage trays provided. . COMMISSARY CONT. Page 11 Money will not be t:rans:feIred from one inmate to another inmates account. NO EXCEPTIONS. 7. The privilege to purchase through commissary can be suspended for violations ofmles. 3. Commissary can be deIay~ postponed, or even canceled. any time by the Warden, Chief of Secmity, Chief ofPrograms of Shift Supervisor for reasons of security, health and welfBre of the inmate population • 9. Every effort will be made to keep adequate stock in the commissary. Every effort is being :made to give yoU the items you o¢er~; . 1O~ NO CREDIT IN COMMISSARY. Commissary alders will only be filled if adequate funds are iii 1he inmates account to cover the ~. Money ordels receiyed on the daY of . commissary will not be accredited to the imnate account until the next day. 11. Pw:cbases and CODtents oftbe commissary bag are to be verified and tickets are to be signed at the timo of delivery. 12. Yon can keep 1rack ofyour account balance by noting the amount on 1he money orders . received, against the money Spent in commissary (revieW yQUt' receipts). Purchase price and ~ce p1,'OVidedto you on~ each commissary day: . . 13. lJ.j~t packages are provided to inmates withOut funds. Inmates who pnMously had funds, 6. are are not considered. iIidigent l1Ilti1 seYtai (7) d@s \Vithoot t U n d i · 14. . Empty cODtainers ofitems pmcllasedthrough ronmdssary will be disposed of~ly~ if. not they will be consideted ~ and you will be charged with a violation ofrules. INDIGENT ALLOWANCE I WELFARE PACKAGE _en Inmate initially received at DDC with SlJHl or less are considered to be indigent Inmates with accounts having a balance oflL.OO. Of less for (D days will also be considered indigent. '!'hose_ inmates who are considered indigent will receive the following: 4 sheets ofwriting paper 1~ 2 stamped enVelopes 1. soap (bar) 1 smail deockrint stick 1 shampoo packet 1 pen (ONE m ONE I.XCJIANGE> -Your accoum maY be bi1led $ 2.35 per paoket received. When you rec;eive :funds the amount ~ibr the indigent P.JCk will automatically be deducted from)'QUI' account Indigent inmates who ~esto"e, 1he counter Utedicatlon Ii shall be refemd to medical staft: and medication may be provided by the ... medical staff once they are-designated indigent. , - MEAlS A State ofMaryIand approved dietitians menu is served three times a day, programined to provide a varied and balanced menu. Generally, meals. are served betweeI;l1he hours 0:( BreakIjm; 050Q..Q63(L Lunch: ] ]00;13OQ. Djpncr; 16QO-1130 bows daily. but QCCaSionally dUe to ~llable cireumstances, or emergencies the Scb.eduIe may change. You are given one tray that DJUSt be retonled at 1he end of tho meal. MAIL Mail is passed out Monday thru Friday except on Holidays. You are allowed to send and receive J;Il8il freely, subject only to the restrictions applicable under &cilitysecm:ity. All incoming parcelS aDd l~ _ will be opened and, checked for contrabaild Legal items are exempt ftotn this~. You will Open , legal material in the present ofaQ. Officer. All unauthorized items may be held or returned to sender. Inmates ~o ate iIidigent will be allowed paper. pen and stamped envel~ tbrough the commissary, in accordance to its rules. Your mailing addiess is: DORCHESTER DETENTION CENTER (INMATE NAME) 829 FIELDCREST ROAD CAMBRIDGE, MARYLAND 216l3-9455 MONEY ORDERS Money orders will be accepted in person within the first 48 hoon (excluding weekends and holidays), between the holll'S of 8:00 am and 4:00 pm., of your incarceration. After the first 48 hours money orders will only be accepted by mail MAIL ACCUMULATION Page 12 You may have 20 pictures up to So x 7" in me. Twenty (2Q) Jetters/cards total in your cell at one time. Each letter may be 4 pages for a tota1 of SO pageS. An over this amount will be placed in your personal property. Legal correspondence are exempt from this role. NEWSPAPERS Newspapers may be subscribed through the commissiuy. Once you have ordered ilewspape1'S and received it you must give the delivering officer any other newspaper. You may receive the papers only , on this exchange basis. Newspapers will be stOred in your property locker. Correctional S~will place your full name on the front of the newspaper. Newspapers sbaU not be loaned, borrowed or given to others. Newspapers shall be labeled QOntraband ifit is ai~ in aD.y filshion or ifoot in the legal owners possession. Any item Iabeiea con1raband may be destroyed. not MAGAZINES I BOOKS 'You will be permitted to have no more than eigb. (8) IDagaZines I books in your ~ this will include religioos materials and:materialsftomthe DDC LibrarY. Magazines or Itsoft"' back books must be labeled with your full name and mailed ~ to this facilitY from the pqb1isJ,ter. Any book: or magazine shatI be labeled CO$'aband ifit is ~ in 8o.y fitsbion or~ in the legal owners possession. Any items labeled contraband may be destroyed. Any inmate in violatiOn oftbis section may be subj~, to sanctions outlined in the sanctions section oftbis baiJ.db<)ok. Magazims, boo!a of ~whose contents solely depict sex acts or simulated sex acts will riot be ~ by this facility. ' ACCESS TO MEDIA . Access by news media representative must be in writiDg to the Warden. CONTRABAND Contraband is defined as any article which is receiVed through unauthorized channels or which is not allowed in your posse$Sion while inaucerated iii this fBcility. Ifan inmate is tbund to have contraband they will be subject to sanctions outlined in the rules and regulations section ofdUS' handbook. Any items / containers that are empty or modified will be considered Contraband. , SEARCHPOUCY You are searcl1ed • the time of itdake according to your legal status. In order to ensure the safety and security ofthis &ci1ity you are Subject to searches ofyoiir person and property .. anytime daring your period of incarceration. Searches will be conducted :in a DlIlDDer that will 'avoid uimecessary forCe or ~. CELL SEARCHES Periodically. and without prior notice, there will ~ unannolUlced searches of your living quarters by Officers. Y~u and other itin)Qtes may be pi8ced in the dayiQom, while other Officers condiict a detailed searclu~fyour 1iviDg quarters. Each of the imnateswill be indMduaUysearcbed and posstbly strip se&l'Ched. You will be subject to f8cility discipline aDd or criminal charges, if contraband (unauthorized items) is recovered from you. or found in your belongings or cells. GENERAL HOUSING UNIT REQUIREMENTS IfyOu are assigned an individual cell. no other ~s) are a.Ilowed in your cell. No articles or materials Of aoy sort are to be hung frQm windoW gate~ buDks,1ights or ceU'grateS.No picfures or other ' materials are to be attached to the walls in your cell dayfoomareas{s). FaihJ.re to comply with this shall result in aU articles I materials being confiscated and placed in your property or deemed contraband and may be destroyed. or PERSONAL HYGIENE When you leave your pod you required Wwear your unifurm and shoes,at all times. YQU are allowed to maintain a beard. mustache, long hair, aftos, p~ pony tails or bald heads, all of which are subject to the ~ctions imposed by the tac~ physidan. You are expected to maintain acceptable personal hygiene standards, and keep your clothing clean. NO BLEACH IS ALLOWED OR DISPENSED. See regulation tegard.ing showers under hygiene. are SANITATION. Page 13 For your benefit and other ~ you ~ required to keep your cell clean at all times. You will be provided cleaning materials. Tr3sh is not to be thrown on floors, sinks, commodes or shower areas. All trash is to be disposed of properly in waste receptacle. MAINTENANCE PROBLEMS Ifthere are any problems in your cell with the plumbmg, electric, heat. or other problem. requiring maintenance~ please let an Officer know, so it can be repaired. REQUEST SLIPS To maintain prOper Older in this taCnity, if you need ~ ask questions conCerning your'stay or have a . special request, ask a CorrecI;ional Officer. If1he Correctional Officer can not answer your questioo ask for a requeSt fotm. You must complete and return the request form immediately. 1be request Slip must be :tille!i in with ink and must be signed. Abuse ofthe request slip system may cancel the privilege by the Warden's office. ACCESS TO RECORDS An imnate:fj~gal ~e may feqUest, in :wrifing. to the Warden speclrymg the reason for the request fot,release of infotmation contained in an imnateS file. . LEGAL MATtERs Inmates shall be allowed to .obtain legal'assistance tbru the fo~owing means: 1. Inmate Phones 2. UDited States Postal ~ 3. Visitation 4. DDe Law Library (mQSt submit a request slip to Programs and Services) S. Assimmce :froni other inmates 6. Office of tile Public Defender P.O. Box 487. Cambridge, Md 21613 . 7. Parole andPrQbationP;O. Box 482, Cambridge. Md21613 S. Maryland Parole Commissiori . PAROLE lNFORMAnON Upon your being sen_oed. the Parole and Probation is notified oftbis status .~ by your requesting and completing of application for a parole hearing. To Receive one of these forms y~ JIlU$t fill out a request form to Cla§itication. The date of your Parole Hearing is based primarily upon 1he leogIh and starting date ofyour senteace. Priof to your parole bearing, the Parole and Probation will , a Parole Report wiD prepare . and the.APO . . .will prepare ~ iDstitutional adjustment..-.nrl' . ,,&"'1''':'!'" ~oth tep911S . . be submitted to the Parole Com1nission. p~ note you will only ,receive a ~le hearing if you are serving a scmtel1ce greater than 180' days any other than Contempt of Court or payable tines which preclude you:from a hearing. At,1he time or yourheariog, the Parole Examiner or Pat'()le Commissioner will consider such factols as. crintiDal history. iDstitutionat adjustment, the completion of anyedncational programs. your sobStanceabusoproblem, (ifany}.~d yOtirprior ~l~ent histoty. Ifapproved for parole or if8J:anted: Q. rehearing date, you may expect to reCeive a written decision within 30 dayS otyour beariDg.. IfyOur case is held for additional information, 1he time period will increase depending upon the type of data required. You may a parole decision unless you were heard by two (2) Parole Commissioners. Any decision of1he Parole Commission is final. You should know that once you have filed an appeal. the Parole.Commission is not bound by the original decision in your ease. This ~ tlIatyou could ~ve a Jarger set-off or be ~ parole. Questions concerning this matter should be directed to the Classification Unit an for offense aPpeal , RELEASE . _', . . '. Inmates serving time with known release dates. will be issued a check upon their telease. for the balance of funds in their account. Male inmates may check the classification office window, female bnnates may check the female h1lrary window. and male UWO inmates may check the posted list in the housing unit for projected release dates. Request for telease dates will not be accepted. Inmates not receiving a check at release has three (J) working days to come to the center to pick-up the check or the money will be rilailed to the last known add:ress;. Inmates posting bond or being released during RELEASE CONT. Page 14 other than ncm,nal business homs. must leave ~ accurate forwarding address, or return. the next nonnal working day; during regtWlr business hours, to secure a cheCk for the balance ofyour fundS. Upon release you will sign a release faim to indicate your satismction that all personal items, being held at this :&cility have been retmned to you. Jfany items are missing or damage, write a complaint to the allef ofPrograms and Services, and the matter will be investigated. Personal property left behind in the facility longer than forty-five (45) days after release will be properly disposed of. DOC only gives projected release dates. RltSPONSE TO EMERGENCIES DOC has emergency plan for tires, Jlll1;ural disasters. civil defense, chemical spills, power ouIage and ather emergency situation. Generally our plans (:an for you to be evacuated from the fiwility or to a safer more secW'e location within the fiIcility. If advised of an· emergenCy situation by Correctional Staff or by use ofthe Public Address System it is important you IiSteQ and fOllow instt'octiolls. If an evacuation is necessary you should quietly line Up in a single file line near the eDt indicated by the Cotrectional Officer. Y~ will then be guided to the closest evacoatioo location. In 1he case of a fire which would require your evacuation from the center you will be advised to follow the ins1ructi.ons of the Cotrectional Ofticea'. It is necessaty for Y9u to stay low and remain quit=t ~ (;abn -so you may hear the instruction of the Correctional Staff: in the event ofnatw:at dis8ster"(tomado, hurricane. earthquake. etc.) or civil defense emergency, evacuatton may be necessary. The ~ 8taffwill move you to the safest. most secure part of your area or another area oftile facility. You may be directed ~ take your mattress and ~ matmals. HOQSing UDit doors ~ cell dOOrs should be ci~ as you leave fur this emergency. The staff drills periodically in these emergencY plans 8nd you lie reqUired to . participate. Again it is important that you follow the directions of the Comctional Staft: maY HAIRCUTS The f8citity bas a barber that cuts hair once a week. The price is $6.00. Indigent inmaleS may have their hair cut once a month. Ifyou are indigent, the fee will be hl.lled to your account. Once :r~ receive . funds the amount will be. automatically· &ducted ti'Oiit your acCOunt. You inay haVe your own liceosed barber I beautician come to the :facility to cut yOur hair. You must request this through the Chief ofPrograms and ~ces. The Chief of PIS will schech,lle the date and time. 0_ COMMUNICABLE DISEASE POUCY . AIDS: hquired innnnDe d.iericy syndrome is cause by the vin1s known as. m\( TJlls virus causes damage to yqur bodts immune systeD:t. HOW IS THE AIDS VIRUS PASSED? The AIDS virus is passed when a ~ has seX- or shares needles with a person who bas the AIDS virus. Pregnant women Who have the. virus can also pass it to their unborn 8ABmSttt THERE IS NO EVIDENCE AT TIllS TIME 1HAT AIDS CAN BE SPREAD J;lY: Being around someone with AIDS on a daily basis. Touching utensils, diShes· or linens of an AIDS infected person. Donating blood, sneezing, coughing. or, sp~. By usiDg or touching tonet seats, bath tubs. ~owers. or door knob& HIm~b8king or other physical conduct. Hugging, talking or non-sCxua1 similar rontact COMMON SENSE PRECAUTIONS Wash hands with hot waterlsoap if you may have Come in contact with a per$01l with AIDS. Do not share needles. Do not baveSexual contact with anyone in the fQcltity. Do not shaie ramrs, toothbrushes, homemade tattoo ~bines or any items that blood could be present up<m.lfyou are concemedyou may have been exposed to AIDS submit a request slip to the nredicaI sta.ft; the medial staffwill counsel you to help decide ifyou need a blood test for mv antibody. This test is the first step in screening for AIDS. . Page 15 AIDS is usually spread through inmate ~ contact; infected blood or shared needles. You cannot tell by looking at someone ifthey have the.AIDS virus. Health authorities suggest that you presume everyone is infected with the virus and protect yourself . REMEMBER BEPATl11S "B" Is a disease cabsed by a virus which affects the liver. COMMUNICABLE DISEASE :POllCY HOW IS THE HEPA1TllS "8" VIRUS ~REA.1)? Hepatitis "8" can be spread ftom one (1) person through: Blood transfusions, sharing ~ contact with saliva of a person who has the disease, sex;ua1 contact with a person who bas hepatitis "8'\ frOm mother to unborn babie8t contact with dental or medicat equipment that has not been properly sterilized, contact with 1attoo and ear-piercing equipment that bas not been properly sterilized. A person with hepatitis "8" can spread the disease to others several ~ before any symptoms appear, even a "Carrier"(a person who has the hepatitis "]3" virus in bisIber blood, b1Jt has no $)'DlptOmS) spread the disease to others. can HOW CAN IT BE CONTROLLED? A person with hepatitis "B" must: Avoid sexua1 contact with others, wash bedding. towels, or other ~ that may be contaminated with blood or semen. Make sore others do not use razors, toothbrushes, etc. tbat may be contamiMted with blood. HOW IS IT TREATED? 'l1Iere is no specific fl'eatment for hepatitis "8", Usually a person recovers ftom. hepatitis "8" within a few weeks Ql" months. DariDg this thne using eondnms may decrea$e the risk ofp8ssiog the virus throughout sex. also you should avoid ba~ sex wil:bin the facility. INS DETAINIEES UNITED NATIONS mOH COMMISSIONER. ON REFUGEES: U.N.H.C.R.. 1715 K STREET NW SUITE 300 WASHINGTON DC 20006 PHOl'{E: 202-296-5191 HOURS 9:00 am to 5:00 pm Monday tbru Friday '. 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