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M E M O R AN D U M

February 4, 2003

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Washington, D.C.

To:

Anthony Tangeman, Deputy Executive Associate Commissioner, Office of Detention and
Removal, Immigration and Naturalization Service

From:

American Bar Association Delegation to El Centro Service Processing Center in California 1

File no:
Copies to:

Report on Observations during a General Tour of the El Centro Service Processing Center

Subject:

I.

Introduction

This memorandum evaluates and summarizes facts and findings gathered at the INS
Service Processing Center in El Centro, California. The information was gathered via observation of the
facility by the delegation and interviews with detainees and facility staff on January 17, 2003.
The Immigration and Naturalization Service (INS) promulgated the “INS Detention
Standards” in November 2000 to insure the “safe, secure and humane treatment of individuals detained by
the INS.” The thirty-six Standards contained in the Detention Operations Manual cover a broad spectrum
of issues ranging from visitation policies to grievance procedures and food service. These standards apply
to INS Service Processing Centers (“SPCs”), Contract Detention Facilities (“C.D.F.”), and state and local
government used by the INS through Intergovernmental Service Agreements (“I.G.S.A.”). The Detention
Standards went into effect at INS SPCs on January 1, 2001, and were to have been implemented at each
facility by January 2003. The Standards constitute a “floor” not a “ceiling” for treatment of INS
detainees. In other words, they are meant to establish the minimal requirements that INS must adhere to
in the operation of its facilities. Each District Office or Officer in Charge (“OIC”) of a facility may, in his
or her discretion, promulgate policies and practices affording INS detainees more enhanced rights and
protections than those provided for by the Standards.
Overall, the delegation felt that the staff of the El Centro SPC are taking steps toward
implementation of the Standards. However, the following problems were noted by the delegates during
the course of our visit:

1

•

Understocked, understaffed and outdated law library with inadequate computer or
word-processing support.

•

Insufficient private phone access and free phone calls to counsel.

The delegation was comprised of Latham & Watkins attorneys
b6

DC\570220.1

b6

b6

b6

,

b6

and

b6

b6

.

II.

•

Insufficient private meeting facilities with counsel and other visitors.

•

Incorrect contact information for “Free Legal Services” and government agencies.

•

Strip-search policy for non-contact visits.

•

Inadequate visitation facilities.

•

Questionable safeguards in place to protect against retaliation.

•

Questionable disciplinary procedures and inadequate explanation thereof.

The El Centro Facility

The El Centro Service Processing Center (“El Centro SPC”), is located in El Centro,
California, about 120 miles east of San Diego, and just north of the Mexican border. El Centro SPC is an
INS facility that houses only men, mainly those with prior criminal histories. 2 Detainees are separated
into eight barracks (not including the Special Management Unit (“SMU”)), according to the detainee’s
security classification, which is determined at initial processing.
El Centro SPC has a capacity of 543 detainees. On the day we visited, the population was 435,
with 12 men in the SMU. 3 The facility principally functions as a holding facility for convicted felons who
have served their jail time and who are being processed for deportation. Assistant Officer in Charge b6, b7C
b6, b7C reported that the average length of stay is 15.4 days, with most detainees removed from the United
States, and others released either to relatives or on their own recognizance. In addition to criminal
detainees, however, there are a variety of other detainees who are being held for a variety of reasons. For
these other detainees, the typical length of stay varies from a number of months to over a year. Some
detainees have stayed at El Centro SPC longer than two years. We were told there are no asylum seekers
being held at El Centro SPC. 4
Detainees arrive at the facility from a number of sources, primarily after serving sentences in state
or federal correctional facilities in California, and also from the Border Patrol. El Centro SPC also houses
material witnesses at the facility, primarily from smuggling cases. According to INS staff, the countries

2

There was some conflict between the INS personnel we interviewed on the exact nature of the El
Centro population. OIC b6, b7C reported that the “vast majority” of detainees are criminals,
and that there are no persons detained who are solely asylum-seekers. Other INS personnel stated
that the Level One detainees are “administrative detainees,” not criminals, and that some are
seeking asylum. OIC b6, b7C did not know where asylum seekers who pass credible fear
interviews at Border Patrol are sent; he guessed San Diego, but also described that facility as far
more secure than El Centro.

3

According to data provided by the Public Health Service, in Fiscal Year 2002, the average daily
population in the El Centro SPC was 503, with a total of 7,012 new arrivals and 6,857 releases.
This data is attached at Tab A.

4

At least one detainee we spoke to claimed to be seeking asylum while being held for overstaying
his visa. Interview with
January 17, 2003.
b6, b7C
2

DC\570220.1

most represented among detainees are Mexico, El Salvador, Guatemala and Honduras. There are also
Chinese, African, and Middle-Eastern detainees. 5
El Centro SPC is a secure facility, surrounded by fences with concertina wire. It is reported,
however, that the San Diego facility, operated by Corrections Corporation of America (“CCA”), is even
more secure. 6 The detainees’ schedules are highly regulated, and they may not move from one part of the
facility to another without being escorted by a guard (every building appears to be separated from the
others by remote-operated locked double gates akin to a sally port). There is a processing facility, a law
library, a dining facility, a recreation yard with a soccer field and basketball court, and an indoor
recreation facility that includes the mail station and a barbershop. The front office houses the check-in
point, and the visitation facility. The entire facility is monitored by cameras.
The Standards require that each facility “develop a site-specific detainee handbook to serve as an
overview of, and guide to, the detention policies, rules, and procedures in effect at the facility. The
handbook will also describe the services, programs, and opportunities available through various sources
including the facility.” 7 The handbook is supposed to constitute a comprehensive guide to life in the
facility and include, at a minimum, the information specified in Section III, A through J of the Detainee
Handbook Standard, of the Standards. The purpose of the handbook requirement is to give detainees
notice of all applicable rules, policies, and privileges of the facility.
El Centro SPC staff purportedly gives each detainee a handbook upon arrival, which appears to
comply with the above standard. 8 In addition, the Detainee Handbook is periodically updated, and a new,
revised edition was in process at El Centro. The Handbook is available only in English and Spanish, even
though detainees with other native languages are housed at El Centro SPC.
INS personnel could recall only one escape in recent years. It was by a Chinese gymnast who
leaped over the perimeter fence. He was later apprehended after a large search.

5

According to INS staff, the overwhelming majority of detainees speak either English or Spanish,
and all materials are prepared in both languages. We did not encounter any detainees who did not
speak either Spanish or English. Nevertheless, the staff’s attitude towards communication with
detainees who do not speak English or Spanish appeared to be somewhat cavalier, and written
materials in other languages are apparently not provided. Instead, the INS staff relies on other
detainees to translate, or, on occasion, uses the AT&T language line for translation.

6

Indeed, OIC b6, b7C told us that one detainee, with whom we were anticipating an interview,
had recently been transferred to San Diego for fighting with other detainees.

7

See Detention Operations Manual, Detainee Services (5)(I).

8

See El Centro SPC Detainee Handbook (October 1, 2001) (“Detainee Handbook”), attached at
Tab B.
3

DC\570220.1

III.

Observation of Implementation of Legal Access Standards

The remainder of this memorandum focuses on portions of the Standards relating particularly to
areas of legal access, as well as general concerns raised out of observations during the general tour. INS’
stated goal in promulgating these Standards was: To insure the “safe, secure, and humane treatment” of
INS detainees. In particular, the memorandum focuses on El Centro SPC’s Standards concerning access
to counsel and legal rights, including the following: (1) Visitation; (2) Telephone Access; (3) Legal
Materials; and (4) Group Rights Presentations. The memorandum also addresses other concerns observed
during the course of the visit including: Recreation Issues; Medical Care and Religious Issues.

A.

Visitation

The range of permissible visitors at El Centro SPC includes: attorneys, legal representatives,
friends, family, and media. There are no “contact” visits at the El Centro SPC.

1.

Visitation by Attorneys

a.

Visitation Times

According to the Standards, legal visitation should be allowed seven (7) days a week for a
minimum of eight (8) hours on weekdays, and four (4) hours on weekends. Legal visitations should not
be terminated for meals or routine official counts. Procedures should be in place to permit the detainee to
receive a meal, or recreation, after the interview.
The Detainee Handbook on its face fails to meet all of the criteria. It provides that legal
representatives may visit detainees between the hours established by the officer in charge seven (7) days a
week and, if necessary, the detainees may meet with legal representatives during meal hours and will be
provided with a menu tray or a sack meal. The attorney visitation hours are Monday through Friday,
9:00 a.m. through 11:00 a.m., 1:00 p.m. through 3:30 p.m., and 7:00 p.m. through 9:30 p.m. 9 The Facility
staff purports to be flexible with respect to lengthy attorney visits during meals or head counts. However,
Detention Operations Supervisor b6, b7C (“Officer b6, b7C ) indicated that there would be some occasions
where the visit would be interrupted for a meal or head count. 10 Officer b6, b7C also stated that the visits
with those in the SMU or Disciplinary Facility would not be limited except for those that present a
security risk or a threat (the so-called “51/50 detainees”).
The Handbook adds that visits by attorneys during the weekend may be restricted due to the
quantity of regular visitation requirements. Outside counsel who occasionally represent detainees at the El
Centro Facility state that they have not had significant problems with their access to their clients at the

9

According to the Detainee Handbook, visits by attorneys during the weekend may be restricted
due to quantity of regular visitation requirements. See id. at 14.

10

b6
Attorney
who represents detainees at El Centro SPC and who we contacted after
the tour, confirmed that visitation, to some degree, “depends on head counts and meals.”

4
DC\570220.1

facility. 11 Attorney
noted, however, that often the biggest obstacle to visitation is the
b6
b6
staff’s inability to find the detainee.
explains that the Facility staff’s failure to locate detainees for
b6
hearings has resulted in terminations of his cases.
adds that the Service people there are “nice,
b6
added
just that there are accountability problems in a facility of that size.” 12 Attorney
that the printouts listing the detainees are sometimes not current, which creates difficulty in finding
recently inducted detainees, and that the Facility often needs assistance in finding its own detainees. 13

b.

Attorney Access

The Standards provide that attorneys without bar cards must be granted access, if they show other
available documentation to demonstrate bar membership. An attorney or an accredited representative
should not have to submit a G-28 for a pre-representation interview. And, upon presentation of a letter of
authorization from a supervising attorney, legal assistants, law students, or law graduates, and nonattorneys with appropriate identification should be allowed entry. Mental and medical health
professionals, and interpreters, with appropriate identification, should also be allowed entry.
Officer In Charge b6, b7C (“OIC b6, b7C ”) confirmed that an attorney can call ahead to
determine if a detainee is at that facility on a 24-hour basis. OIC b6, b7C also stated that no G-28 is
necessary, as long as appropriate identification is given and that all the other legal representatives can visit
the detainee if there is proof of authorization from a supervising attorney firm. Legal assistants are
permitted to visit the detainees unaccompanied by their supervising attorney.

c.

Security Concerns

The Standards provide that, in INS owned-and -operated SPC facilities, detainees should not be
strip searched after legal visitation, unless there is reasonable suspicion that a detainee is concealing
contraband.
At El Centro SPC, according to Officer b6, b7C detainees are not strip searched after a legal
b6, b7C
visitation, “because the visits are non-contact.” However, Officer
explained that the
b6, b7C
detainees are, as a rule, strip-searched after legal visitation. Officer
said that the Plexiglas
between visitors and detainees was being melted through with a lighter, or some other burning device, and
contraband was being passed through the glass. Needless to say, the presence of a hole in the Plexiglas
b6, b7C
presents “reasonable suspicion for a search.” However,
suggested that the strip searches were
routine. Some detainees confirmed that strip searches take place after any and all visits, including

11

b6
Two attorneys who regularly service the detainees, Mr. b6
and Mr.
(also
listed as a “Free Legal Services Provider”), expressed that they had no real complaints with their
ability to visit their clients (other than those comments described herein).

12

Officer b6, b7C confirmed that the only complaint that he was aware of (with respect to legal
representation) was that an attorney was not made aware of the detainee’s transfer to CCA, San
Diego.

13

See Notes of Interview with

b6

5
DC\570220.1

attorney visits. The Detainee Handbook defines the types of searches conducted at the El Centro
facility. 14
Attorneys are not permitted to take photographs, instead, INS officials will take photographs at
the attorney’s request.

d.

Access to Contact Information for Legal Services

The Detainee Handbook states that a list of free legal organizations will be posted in all detainee
housing areas and other appropriate areas. This list shall be updated quarterly. 15 Similarly, the Standards
provide that information lists with pro bono and non-governmental agency information should be
provided in the detainee’s language, updated, posted clearly, and accompanied by instructions on how to
contact such agencies. The delegation was provided a list, in English, of “Free Legal Service Providers”
that has been updated as of January 1, 2003. 16
A current list of available legal representatives is also posted in the detainee housing areas, and
given to each detainee upon arrival. However, several detainees mentioned that some of the law offices
that are listed as “free” are not free. As a result, they required payment before delivering legal services. In
b6, b7C
the interview with
Mr. b6, b7C claimed that one of the attorneys on the list collected
b6
explained that one need only do a
$1,000 in fees for purportedly incomplete work. 17 Attorney
few pro bono cases a year to be placed on the “Free Legal Service Providers” list. 18

e.

Visitation Conditions

The Standards provide that facilities should allow detainees to meet privately with their current,
or prospective, legal representatives and legal assistants, and to meet with their consular officials. The
policy concerning legal service visitation is also outlined in the Detainee Handbook.
At El Centro SPC, attorneys meet with detainees in the same areas as do family members: in one
of the five (5) small booths provided in the visitation area. The visitation area is cramped, dimly lit, and
dilapidated. Carpet was noted hanging off of the walls in at least two (2) of the visitation booths, a
condition that elicited a shrug from the guards on-hand. 19 The booths have a speaking grill with a thick
pane of Plexiglas between the visitors and the detainees. This area is apparently where multiple family
members can visit one detainee, although this would be difficult.

14

See Detainee Handbook (October 1, 2001) at 15.

15

See Detainee Handbook (October 1, 2001) at 14.

16

Notably, although Catholic Charities is listed as a legal services provider, it no longer provides
representation at El Centro SPC.

17

b6, b7C

interview.

18

See Mr.

b6

notes.

19

See Mr.

b6

notes.
6

DC\570220.1

The narrow counter space and the dim lights of the visiting rooms present an immediate hindrance
to legal representation. 20 All meeting rooms are observable by the El Centro facility staff, but
nevertheless offer some degree of privacy.

2.

Visitation by Family, Friends, and the Media

a.

Visitation Times and Duration

The Standards provide that Facilities should permit authorized persons to visit detainees within
secure and operational constraints. To maintain detainee morale and family relationships, INS encourages
visits from family and friends. Additionally, facilities should permit members of the media and nongovernmental organizations to have access to non-classified and non-confidential information about the
facility’s operation. The Standards provide that visiting hours should be clearly posted and permitted
during set hours on weekends and holidays. Special arrangements should be available for family
members who are unable to visit during regular visiting hours. Visits should be for at least 30 minutes.
Standards, p. 12.
The visitation schedule was posted at the front door and is listed in the Detainee Handbook.
According to the Handbook, visiting hours for general visitation are 7:00 p.m. through 9:30 p.m. Monday
through Friday. On weekends and holidays the hours are 9:00 a.m. through 11:30 a.m., 1:00 p.m. through
3:00 p.m., and 7:00 p.m. through 9:30 p.m. 21 Special visits during other days and hours may be scheduled
by appointment. The staff purported to be “flexible” with visiting times for family members and tried to
keep visitation close to the times for moving detainees, meal times or count times, all of which must be
coordinated. No cameras are allowed in the detainee areas. According to Officer b6, b7C if normal visiting
hours are a hardship for family members, arrangements can be made for special visits. Family members
can also leave money for a detainee’s account (up to $40 may be held on the detainee’s person, and the
balance is put into the detainee’s account).
The Standards require that visits should be for at least 30 minutes. In this respect, the Detainee
Handbook provides that, if there is a significant quantity of visitors, the time limits may be reduced to
allow all concerned an opportunity to visit. 22 It also provides that the number of visitors who may visit a
detainee may be limited to prevent overcrowding in the visiting areas. The visitation duration, according
to Officer b6, b7C may sometimes be limited if there are too many people visiting on the same day (e.g.,
visitation periods may be lowered to 20 minutes to accommodate all of the detainees).

20

b6
b6
On January 21, 2003, observer
spoke with attorney
one of the
attorneys listed as “Free Legal Service Providers,” who corroborated that the visitation rooms are
both hot in the summer and are dark. See Free Legal Services Handout.

21

See Detainee Handbook (October 1, 2001) at 14.

22

See Detainee Handbook (October 1, 2001) at 13.
7

DC\570220.1

b.

Other Limits on Visitors

The Handbook states that if the visitors bring children 17 years of age or under, they are expected
to remain under the direct supervision of the adult visitors so they will not disturb others who have
visitors. 23 Persons age 16 or 17 may visit when accompanied by a parent or legal guardian, or with
written permission of a parent or legal guardian. Telephone numbers must be provided to confirm status.
An adult must accompany persons under the age of 16. 24
The Standards do not purport to limit the types of visitors that a detainee may have. “Other than
limitations due to visiting room capacity, no limitation should be imposed on the number of visitors per
detainee. Immediate family, relatives, friends and associates may visit.” However, according to the
Detainee Handbook, the El Centro Facility purports to limit visitations by persons on active probation,
parole, or other forms of conditional release. These persons must obtain permission, prior to visitation,
from the individual or agency supervising the conditional release, and from the officer in charge of the El
Centro Facility or his designee. 25 The Handbook goes on to state that persons with criminal records shall
not be automatically excluded from visiting. Rather, the nature and extent of an individual’s criminal
record, plus his or her history of recent criminal activity shall be weighed against the benefits of visitation.
This will be a determining factor in whether or not visitation is allowed. 26 Finally, persons shown by
substantial evidence to be of harmful affect to the detainee, or to constitute a threat to Facility security,
shall be excluded.
Officer b6, b7C reported that there are other immediate family members detained at the same facility.
The detainees have opportunities to visit with these other detainees, sometimes for periods spanning
several hours, if they happen to be in processing together.

c.

Security Concerns

The Detainee Handbook provides that the visitors and any handheld items they carry are subject
to a search. 27 The Handbook also provides that the detainee will be strip searched upon admission to the
Facility and when there is reasonable cause to believe that the detainee may have contraband concealed on
his or her person. 28 Searches are routine requirements when leaving the visiting area after a visit.
However, a strip search is only otherwise contemplated “on workers who go outside of the Facility.” 29 In
addition, “Frequent, unannounced searches of detainees, detainee’s quarters, and other areas of the

23

See Detainee Handbook (October 1, 2001) at 13.

24

Id., p. 13.

25

See Detainee Handbook (October 1, 2001) at 14.

26

Id.

27

Id.

28

See Detainee Handbook (October 1, 2001) at 15.

29

Id.
8

DC\570220.1

Facility shall be conducted as often as necessary to ensure the safety and security of the Facility.” 30 The
Standards, on the other hand, provide that detainee’s at INS facilities may be subject to a pat-down search
before a contact visit and may be subject to a strip search after a contact visit.
Whether or not detainees are searched, and to what extent they are searched, after visits from
family members, was not determined by the delegation. One of the detainees we interviewed, b6, b7C
b6, b7C stated that the visitation periods are sometimes longer than 30 minutes, but he is strip searched
after having non-contact visitation with his attorney or his family. Detainee b6, b7C also claimed that
guards have sexually harassed his wife during visitation. 31
The Standards provide that a facility disciplinary system should not allow for deprivation of
access to legal or family visitation. However, although not outlined in the Detainee Handbook, El Centro
SPC staff report that visitation rights may be revoked as punishment for infractions.

B.

Telephone Access

The Standards provide that facilities shall permit detainees to have reasonable and equitable
access to telephones.
The delegation observed that phone booths were present in some of the recreation areas, with
nearby bulletin boards listing various telephone numbers, consular telephone numbers, instructions to use
the telephones, and telephone rates. 32 Overall, El Centro SPC appears to have an adequate number of
phones. There are at least two indoor phones and two outdoor phones in each unit. 33 There were also
approximately ten phones in the recreation area. The telephones were equipped with debit card systems,
with instructions in English and Spanish. 34 Detainees are able to purchase debit cards to make local calls
for $0.17 per minute. 35
There were, however, several problems with the phone systems in the El Centro facility. First, the
INS Standards dictate that detainees should be able to make free calls through pre-programmed
technology to consular offices, free legal service providers, local courts, government offices and family
members (in case of emergency). The detainees we interviewed consistently indicated that no free phone
calls are available. Although the facility did post the phone numbers to consular offices, many of the
numbers did not work or were blocked when we tried to call collect. The facility also posted a list with
phone numbers for free legal service providers. Again, many of these numbers - including Catholic

30

Id.

31

Imran interview.

32

See Mr.

b6

Notes

33

See Ms.

b6

Notes

34

See Mr.

b6

Notes

35

See Ms.

b6

Notes
9

DC\570220.1

Charities, Immigration Court and the ABA - were blocked “by a high toll policy” or were simply
restricted.
INS standards require that detainees should be able to discuss their legal cases on the phone in a
private environment. The phones in the El Centro facility do not provide such privacy. The phones are in
a visible, open environment, surrounded by other detainees and/or guards. INS officials assured us that
no detainee phone calls are monitored (legal or otherwise). However, detainees we interviewed stated that
a recording breaks-in on every call made from within the facility warning the parties that the call may be
monitored.
The INS officials indicated that El Centro SPC does have an answering service available for
attorneys to leave legal messages for detainees, or for family members to use in case of emergencies. An
officer checks the service two to three times daily and delivers messages to the detainees. One detainee
b6, b7C
(
) complained that messages are not delivered. 36

C.

Legal Materials

The Standards mandate that the El Centro facility shall establish and maintain a law library. 37
The library must be adequately lighted, reasonably quiet, and large enough to support legal research and
writing. It must also contain an adequate number of tables and chairs to accommodate all detainees who
wish to use the facility. Finally, the library should provide one typewriter or computer per five detainees,
as well as sufficient writing materials and texts to enable detainees to conduct research and prepare legal
documents.
Plainly, the El Centro library does not meet many requirements set forth in the Standards. While
the library is large enough to accommodate up to 25 detainees, it is not sufficiently equipped to support
legal research and writing. 38

1.

Materials Identified in Attachment A-2 of the Standards

The Standards require the El Centro library to maintain the legal materials listed in Attachment
A-2 of the Access to Legal Materials chapter of the Detention Operations Manual. These materials must
be updated regularly and supplemented with timely information regarding significant regulatory and
statutory changes affecting the detention and deportation of aliens. A current list of available texts and
materials should be posted in the library. To ensure these requirements are met, the facility must

36

See Ms.

37

Detention Operations Manual, Detainee Services Chapter 1: Access to Legal Material.

38

See Mr.

b6

b6

Notes
Notes
10

DC\570220.1

designate an employee with responsibility for inspecting, updating and maintaining the library materials in
good order. 39
The El Centro library does not contain several texts listed on Attachment A-2. 40 Examples of
missing materials include:
1.
2.
3.
4.
5.
6.
7.
8.
9.

Constitution of the United States of America: Analysis and Interpretation;
Bender’s INA Regulation Service;
Immigration Law and Crimes;
Guide for Immigration Advocates;
Country Reports on Human Practices;
Human Rights Watch – World Report;
Immigration and Naturalization Service Basic Law Manual;
Lawyer’s Committee Handbook on Representing Asylum Applicants; and
Federal Habeas Corpus, Practice & Procedure.

Moreover, many of the existing research references have not been consistently updated.
Examples of out of date materials include:
1.
2.
3.
4.
5.

United States Code, Title 8, Aliens and Nationality (1998);
Code of Federal Regulations, Title 8, Aliens and Nationality (1997);
Bender’s Immigration and Nationality Act Service (1999);
Hard Copies of BIA decisions (most recent decision dated 2000); and
Cal. Penal Code (2001).

Based on the quantity of materials missing from the library’s collection, it is clear that the
facility’s library officer has not promptly replaced missing texts, nor has he regularly updated existing
materials. Indeed, the officer appeared to know little about the library. For example, he was unaware of
the procedures for stocking and maintaining materials in accordance with the Standards. For reasons
unknown, outdated material can be seen placed in the shelf next to current material.
b6, b7C
b6, b7C
According to detainees
and
who regularly work in the library
assisting other detainees, the facility has ignored repeated complaints regarding the lack of current legal
texts and materials. 41 In response, facility officials stated that they recently ordered many of the missing
materials noted above.

39

Detention Operations Manual, Detainee Services Chapter 1: Access to Legal Materials.

40

Given the time constraints, we were unable to verify whether the library contains legal reference
numbers18-30 on Attachment A-2.

41

b6
See Mr.
’ notes. Detainee b6, b7C also claims he has formally complained about the
herein-noted inadequacies of the library, to no avail.

11
DC\570220.1

Given the state of the library’s collection, it appears that materials are not promptly ordered and
replaced when missing, nor are materials updated regularly. We were unable to discern on this visit if, or
how, requests for additional legal materials are handled. 42

2.

Library Conditions

The El Centro library is adequately lit and located in a quiet area off a hallway without much
apparent traffic. 43 It contains three large tables capable of comfortably seating up to 15 detainees. The
library maintains adequate supplies of paper and pencils. .
In addition, the library has only three computers (one of which was broken and apparently has
been broken for nearly a year), which is an inadequate number for a facility of this size, and short of the
optimal implementation of one typewriter or computer for every five detainees, as specified in the
Standards. The software installed on the computer, Microsoft WordPad, is also extremely tedious for the
preparation of form pleadings (it has no formatting capabilities). We were unable to determine the policy
and frequency of repairs of broken computers, or restocking of supplies. 44
There is no indication that detainees are prevented from working together on legal documents.
Detainees are allowed to retain papers with them in the residential units; their storage bins can
accommodate a fair amount of materials. We heard no complaints of insufficient access to personal
storage.

3.

Photocopies and Mail

Detainees are provided with photocopies of materials upon request. While the Handbook limits
legal materials in a detainees’ immediate possession to four inches of paper, there is no indication that
staff members review confidential materials or arbitrarily limit the number of copies provided to a
detainee. 45 With respect to legal materials, the notice posted in the law library indicates that detainees are
allowed three copies; the staff member working in the library indicated that requests for additional copies
are honored. 46
Under the Standards, indigent detainees should be provided with two envelopes and three regular
stamps for legal mail. Specifically, the Standards provide that “[t]he facility will provide indigent
detainees with free envelopes and stamps for mail related to a legal matter, including correspondence to a

42

See Mr.

43

See Mr.

44

See Mr.

45

b6
See Mr.
notes. One detainee,
inches of legal material.

46

See Mr.

b6
b6
b6

b6

notes.
notes.
notes.
b6, b7C

notes.
12

DC\570220.1

noted that he is only allowed to keep four

legal representative, potential legal representative, or any court.” 47 According to Mr.
provides postage and envelopes to indigent detainees upon request. 48

4.

b6, b7C

the facility

Access to the Library, Equipment and Holdings

The Standards mandate that an adequate number of typewriters and/or computers, carbon paper,
writing implements, writing tablets and non-toxic liquid paper be available for use by the detainees.
The Standards mandate that each facility devise a flexible schedule, in order to permit all
detainees’ use of the law library for a minimum of five hours per week. These five hours cannot cause a
detainee to miss a meal, recreation time or any other planned activity. Detainees are provided with free
stationery. As stated previously, it is questionable whether the law library at the El Centro facility
provides its detainees with access to the equipment necessary to draft and produce legal documents.
According to the schedule posted in the library, every detainee has access to the library for one
hour each day. 49 In addition, those detainees needing additional time are generally accommodated,
although there is no written procedure for reviewing such requests. Detainees are not forced to choose
between library time and recreation activities. The law library is open from 7:05 a.m. to 2:40 p.m. 50

5.

Assistance for Illiterate and Non-English Speakers

The Standards provide that detainees who are not proficient in English, or who need other
assistance in preparing legal documents, should have the opportunity to seek such assistance from other
detainees, or pro bono counsel.
The detainees acknowledged that they are permitted to work together in preparing legal
documents. However, they regard the facility’s failure adequately to maintain the library as an attempt to
ensure they do not prevail in legal proceedings against the INS. 51 Thus the library was cited as one of the
detainees’ principal complaints. 52

6.

Notaries, Certified Mail, and Miscellaneous Needs Associated with

Legal

Matters
The Standards require that “[t]he facility shall provide assistance to any unrepresented detainee
who requests a notary public, certified mail or other such services to pursue a legal matter” if the detainee

47

The Delegation did not have sufficient time to obtain answers to questions relating to mail access.
Detention Operations Manual, Section 1(O) “Envelopes and Stamps for Legal Material.”

48

See Mr.

49

Schedule Dated 11/24/02.

50

Schedule Dated 11/24/02.

51

See Mr.

52

Interviews with detainees

b6

b6

notes.

notes.
b6, b7C

and

b6, b7C

13
DC\570220.1

, January 17, 2003.

is unable to meet the need through family members or community organizations. 53 Due to time
constraints, the delegation was unable to assess this portion of the Standards.

D.

Group Rights Presentations

The Standards provide that facilities shall permit authorized persons to make presentations to
groups of detainees for the purpose of informing them of U.S. immigration law, and procedures consistent
with the security and orderly operation of the INS facility. All facilities must cooperate fully with
authorized persons seeking to make such presentations.
According to El Centro SPC staff, no organizations had requested to make presentations for some
time. The last organization to make a group presentation was Catholic Charities, but that group had not
appeared for some time. There was no indication that there would be resistance to a group
rights/presentation; however, it does not appear to have been requested recently.
OIC b6, b7C confirmed that group legal presentations are rarely given; however, a video has
been developed on legal rights (“Know Your Rights”) and is available for viewing, however none of the
detainees interviewed had seen or heard of the “Know Your Rights” video. The Handbook contemplates
that group legal rights presentations will occur, stating that notifications will be posted in the housing unit
to announce group legal rights presentations. When these presentations become available, a sign-up sheet
will be provided in each housing unit. Presentations are open to all detainees, regardless of the presenter’s
intended audience, except when a particular detainee’s attendance would pose a security risk.

IV.

Other General Observations Unrelated to the Legal Access Standards

A.

Recreation

The Standards require generally that “all facilities shall provide INS detainees with access to
recreational programs and activities, under conditions of security and supervision that protect their safety
and welfare.” 54 In addition, the Standards provide that “[e]very effort shall be made to place a detainee in
a facility that provides outdoor recreation. If a facility does not have an outdoor area, a large recreation
room with exercise equipment and access to sunlight will be provided.” 55 Where outdoor recreation is
available, each detainee must have access to at least one hour per day of recreation, five days a week,
weather permitting. 56

53

Detention Operations Manual, Section 1(P) “Notaries, Certified Mail, and Miscellaneous Needs
Associated with Legal Matters.” The Delegation did not have sufficient time to obtain answers to
these questions or verify compliance with the Standards.

54

Detention Operations Manual at Section 27, I.

55

Id. at III.A.1.

56

See id. at III.B.1.
14

DC\570220.1

B.

•

Detainees recreate with other detainees of the same classification. 57

•

Recreation is available to detainees held in segregation as well on the same terms,
although such detainees may not recreate with the general population, nor in
certain instances, with other detainees held in segregation. 58 However, if a
detainee has committed a serious disciplinary infraction, such as attacking
another detainee, he may suffer a one- to three-day deprivation of recreation
rights. 59

Medical Care

The Standards set forth a broad policy that “detainees … have access to medical services that
promote detainee health and general well-being.” 60 The Standards require that detainees be provided with
an initial medical screening and have access to primary care, and emergency care. 61 Although emergency
dental care is required, “[r]outine dental treatment may be provided to detainees from whom dental
treatment is inaccessible for prolonged periods because of detention for over six months.” 62 The facilities
in El Centro are operated by U.S. Public Health Services personnel. Public Health Service personnel
provided us with a copy of the El Centro health care manual. 63

1.

General Access to Health Care

•

The procedure for making sick calls is outlined in the Detainee Handbook, but the
kinds of medical care available are not described in detail. For detainees
suffering from chronic conditions requiring regular non-emergency care (such as
diabetes), Lt. b6, b7C indicated that the facility provides regular examinations
and/or medication. 64 However, one detainee we interviewed complained that he
had tried and failed to get medication for painful, chronic herpes blisters. 65

•

In emergency medical situations, the practice in El Centro is for the detainee to
inform the housing officer. If the complaint is thought to be legitimate, an
emergency medical team will rush to the detainee’s location.

57

See id.

58

See id.

59

See id.

60

Detention Operations Manual at Section 24, I.

61

See id. at III.A.

62

Id. at III.E.2.

63

See Tab C.

64

See Ms.

65

b6, b7C

b6

notes.

interview.
15

DC\570220.1

66

See id.

67

See id.

68

See id.

69

See id.

70

See id.

71
72
73
74

75
76

•

Detainees are not screened for HIV or AIDS as a general policy. According to
Lt. b6, b7C detainees who have AIDS, or are HIV positive, are sometimes
transferred to other INS facilities for specialty care. 66

•

A social worker is on staff from Monday to Friday to provide counseling to
detainees. 67 In addition, the facility may provide antidepressants or other
psychotropic drugs to detainees free of charge, 68 if they are determined to be
medically necessary. At least two “rubber rooms” are available for the
containment of detainees on suicide watch, one in the processing area, and one in
the Special Management Unit. 69

•

The El Centro facility is reportedly being renovated to make it entirely
wheelchair accessible within the next several years. 70 One detainee we
interviewed walked with a cane and said he had a broken hip. 71 He complained
that he was not receiving adequate medical treatment and complained that the
showers and other housing accommodations were not equipped for handicap
access. 72

•

At least two detainees 73 complained that the living conditions in the facility are
not sanitary, and result in outbreaks of diseases and pests such as lice and
scabies. 74 The detainees also reported that pants and shirts of detainees may only
be washed once per week or are otherwise not available. 75 One detainee,
felt that, only if a detainee has a job, may he have his
b6, b7C
76
clothes washed every day. None of the delegates themselves noted particular

Interview.

b6, b7C

See id.
b6, b7C

interview;

b6, b7C

interview.

Scabies is an intensely pruritic and highly contagious infestation of the skin caused by a mite
affecting humans and other animals. Sarcoptes scabiei var hominis is the etiologic agent causing
human scabies. It lives its entire life on the human host. See
http://www.emedicine.com/emerg/topic517.htm
b6, b7C

interview;

b6, b7C

Interview with detainee

interview.
b6, b7C

January 17, 2003.
16

DC\570220.1

conditions that were unsanitary (although our visit was brief, scripted, and
anticipated well in advance).

2.
•

C.

Grievances
Grievances may be filed with respect to health care services at the facility.
b6, b7C
According to Lt. b6, b7C the book of grievances is kept by Capt.
the
77
Health Services Administrator. In Lt. b6, b7C six months employed at the
facility, about seven or eight grievances had been filed. 78 No specific procedure
for filing grievances regarding access to or quality of medical care is set forth in
the Detainee Handbook. However, the general procedure for filing grievances of
all kinds is set forth in the Detainee Handbook. 79 One detainee complained that
he filed numerous medical grievances that were not answered. 80

Religious Issues
•

At the El Centro facility, detainees have access to at least some religious services.
The Detainee Handbook for the facility states that “[a]ll detainees shall have
access to religious resources, services, instruction, and counseling on a voluntary
basis.” It goes on to state that the “primary religious faith at the facility, as
represented by a majority of detained aliens, is Catholic.” 81 Therefore, “Mass is
conducted on Sunday evening,” and an “auxiliary unit of the Catholic support
program enters the facility at various times throughout the week…[to provide]
inspirational music….and [hold] … seminars or discussion groups.” 82
Nonetheless, one detainee we interviewed complained that Catholic religious
services were not given regularly. 83

•

For “minority religions,” the Detainee Handbook states that detainees may
request access to representative religious leaders. However, the detainee must
place his request with a “primary religious provider for the facility,” and the
“[r]eligious providers attempt to ensure that representatives from minority

77

See id.

78

See id.

79

See Detainee Handbook (October 1, 2001) at 27.

80

b6
interview. Mr. b6 specifically complained that he cannot timely receive medication
for his herpes blisters, and that his slips to visit medical are sometimes not acknowledged.

81

Id. at 11.

82

Id.

83

b6

interview.
17

DC\570220.1

religions are available upon substantial requests.” 84 In other words, a Muslim
detainee, for example, would have to ask the local priest to put him in touch with
a Muslim spiritual leader. One detainee we interviewed complained that the staff
“have no consideration that Muslims need to do a congregation prayer on
Fridays.” 85
•

Detainees are allowed to retain such articles as crosses, bibles, and other religious
items, as required under the Standards. 86 However, at least one detainee we
interviewed expressed difficulty in obtaining or keeping Muslim prayer rugs. 87

•

Detainees may also request special religious diets. If approved, the dining staff
consults with religious authorities to see what is required and draws up a menu. 88
Approval is not automatic. The Detainee Handbook states that “[s]pecial diets, as
required for … adherence to religious dietary law, are provided upon receipt of a
special diet card…. Religious diets shall be served for special occasions. The
facility will utilize regular menu items unless specifically approved by the
Assistant Officer in Charge.” 89 One detainee we interviewed indicated that he
had requested a Buddhist vegetarian diet but was refused. 90 He said that officials
had told him there were no more religious diets, although he was aware of special
Muslim diets being served. 91

Detainee Classification 92

D.

•

According to the Handbook, all detainees are classified upon arrival. 93 Detainees
are classified from Level One through Level Three, with Level Three being the
most dangerous felons. Detainees wear different color uniforms depending on
classification. INS personnel at the facility had a difficult time distinguishing

84

See Detainee Handbook (October 1, 2001) at 11.

85

See

86

See Detention Operations Manual at Section 28, III.K.

87

Detainee b6, b7C said, in his interview, that the Facility will not allow him to keep a prayer rug
and that the INS refused to keep custody of prayer rugs that were offered as donations by a
Muslim chaplain. See b6, b7C Questionnaire.

88

See Ms.

89

See Detainee Handbook (October 1, 2001) at 8.

90

b6, b7C

Questionnaire.

b6, b7C

b6

notes.

interview.

91

See id.

92

See Mr.

93

Handbook at 4.

b6

notes.

18
DC\570220.1

between Level One and Level Two detainees, but indicated that a detainee’s
classification could be increased based on behavior within the facility. Level
Three detainees are kept segregated from the rest of the population at all times,
which leads to some restrictions on the activities of Level Three detainees. 94 At
least one Level Three detainee complained that the classification system was
arbitrary, and he was unaware of any mechanism for challenging his
b6, b7C
a detainee’s classification level is
classification. 95 According to OIC
reviewed every 60-90 days. Some detainees reported that the classification
decision appears to be made on the basis of available space, since the detainees
are separated into different barracks on the basis of classification. 96
Special Management Unit (Administrative Segregation) 97

E.

•

The Handbook describes the SMU for both administrative detention and
disciplinary detention. 98 The El Centro facility’s SMU has a capacity of 18 men,
each kept in a separate, small cell behind a solid metal door. Twelve men were in
the SMU when we visited. 99 Officials informed us that the majority of the
detainees in the SMU were being detained there for administrative segregation,
although some were being isolated for disciplinary reasons.

•

Officials informed us that homosexuals and transgendered individuals are placed
in administrative segregation as a matter of policy for their own protection. 100 In
addition, detainees who are members of gangs (as evidenced by tattoos or other
gang insignia) are routinely segregated. 101 The staff also routinely separates
individuals who have mental health problems, for daily monitoring. 102 Medical
reasons for segregation include heroin withdrawal symptoms and, according to

94

interview (a Level Three detainee, he reported that he has not been allowed to
participate in a Muslim prayer group with Level One and Level Two detainees).

95

Id. Mr. b6, b7C reported that he had been transferred to El Centro after serving a sentence in a
state correctional facility, where he was categorized as a Level One prisoner. The Handbook
states that a “detainee may appeal his initial classification level to the CDEO through the
Classification Officer. This may be appealed to the OIC whose decision is final.” Handbook at 4.

96

b6, b7C

b6, b7C

Interview.

97

See Mr.

98

Handbook at 5-7.

99

See Ms.

100

See id.

101

See id.

102

See id.

notes.

b6

b6

notes.

19
DC\570220.1

one detainee we interviewed, lice. 103 At least one cell of the SMU is a “rubber
room” used for detainees at risk of harming themselves. 104
•

F.

At El Centro SPC, detainees in disciplinary segregation have fewer privileges
than those in administrative segregation, a policy that complies with the
Standards. 105 Within the SMU, detainees are segregated according to a number
of factors, such as the risk of harm to others or to themselves from mingling with
other SMU detainees. SMU detainees in segregation have their meals brought to
them from the dining hall. Food is passed to SMU detainees through a slot in the
door. SMU detainees are recreated on the same terms (although separately) from
the general population. 106 The SMU has a shower. There is a fenced-in outdoor
area with phones, where SMU detainees can go, one at a time.

Grievance and Disciplinary Procedures 107

1.

Discipline

•

The disciplinary procedure described in the Detainee Handbook consists of a
listing of the different categories of offenses and their possible sanctions. These
categories include “Greatest” (e.g., killing, rioting, or hostage taking), “High”
(e.g., including engaging in sexual acts or extortion), “High Moderate” (e.g.,
indecent exposure, stealing or insolence towards a staff member), and “Low
Moderate” (e.g., malingering, smoking where prohibited, using abusive or
obscene language). The possible sanctions are many, and range anywhere from
the initiation of criminal proceedings, disciplinary transfer, or disciplinary
segregation to monetary restitution, loss of privileges, restriction to housing unit,
a reprimand, or a warning.

•

During our initial conference, Officer b6, b7C stated that the facility strives to
informally resolve minor or “Low Moderate” rules infractions. He explained that
a point system is used to account for minor infractions, which varies from three to
seven points depending on the conduct at issue. According to the facility’s
internal procedures, formal disciplinary action is not initiated for minor
infractions unless the detainee (a) continues to violate the same rule,

103

See id.;

104

See id.

105

See id.; Detention Operations Manual at Section 31.III.D.2.

106

b6
See Ms.
notes. However, one guard indicated that recreation might be denied
for one to three days in the event of a serious disciplinary infraction, such as attacking another
detainee. See id.

107

See Mr.

b6, b7C

Interview.

b6

notes.
20

DC\570220.1

(b) accumulates twenty points, or (c) does not respond to the informal resolution
procedures. 108
•

While the Detainee Handbook outlines many types of prohibited conduct and the
corresponding sanctions, it fails adequately to describe three important facets of
the disciplinary process. 109 First, it does not explain the informal point system
governing minor offenses. Second, the Handbook does not reference the
investigation, hearing, and appeal procedures. Finally, it does not provide notice
of the detainee’s rights during the disciplinary process. Because the facility relies
on the Detainee Handbook as its primary means of informing the detainees of the
disciplinary rules and procedures, these omissions should be corrected.

•

INS staff advised us that detainee rights and the disciplinary procedures are
posted in the barracks, but we did not see any such postings. Detainees are given
written notice of any disciplinary charges, and any incidents are investigated
within 24 hours. A staff representative is available to assist the detainees in the
disciplinary procedure, and while legal representatives supposedly are allowed to
help, INS staff could not think of a single instance where a detainee had legal
assistance in a disciplinary proceeding.

•

INS staff described the detainees as very well behaved, because they do not want
to lose privileges within the facility and/or because they do not want to jeopardize
potential release. 110 According to Officer b6, b7C in a “bad month,” there might be
a total of four disciplinary proceedings. Fights are rare. Most infractions deal
with interfering with the daily count. Minor infractions of this type are logged,
and the detainees are kept on a point system under which they can lose privileges
or be moved to a different classification.

2.

Grievance Procedure

The Standards provide that each facility must develop standard operating procedures that address
grievances and must guarantee against any reprisals. An informal procedure should be in place for a
detainee to present his or her concern to any staff member at any time.
•

The Detainee Handbook also advocates informal resolution of grievances, which
the Handbook describes as an interaction between the detainee and the on-duty

108

See Standard Operating Procedures: Disciplinary Policy, (August 1, 2002) at 5.

109

See Detainee Handbook, (October 1, 2001) at 17-26.

110

b6, b7C
According to OIC
all detainees are reviewed every 90 days, in accordance with the
Supreme Court’s holding in Zadvydas. A detainee’s behavior within the facility is a factor in the
release decision.

21
DC\570220.1

supervisory detention enforcement officer. According to the staff of El Centro
SPC, grievances are handled at the lowest level possible. The detainee must first
contact the shift supervisor and state the grievance. If dissatisfied with the result,
the detainee may submit a written grievance form (available in the library) within
five (5) days of the day of the event, or the conclusion of an informal grievance.
The formal grievance form goes from the shift supervisor to the on-duty
supervisory detention enforcement officer (for processing by the appropriate
department head) and from there to a committee. The committee will purportedly
convene to study the grievance within five (5) working days of the “appeal.” If
unsatisfied with the result of the committee, the detainee may appeal the decision
to the OIC for a final decision.
•

One detainee claimed that he had filed approximately 40 grievances in the past
eight months, and only five had been addressed at all, and that INS staff will
often refuse to sign the grievance forms (the form has a space for the signature of
the Housing Unit Officer). 111

•

If the detainee claims that the issue is sensitive, he may send a sealed envelope
directly to the OIC marked “Sensitive,” which must include an explanation for
circumventing the chain of command. The detainees also have the option to file a
grievance directly with the Assistant District Director of Detention and Removals
through the mail, an address for whom is provided in the Detainee Handbook. In
such cases, the detainee must explain the reason for not filing the complaint in the
institution.

•

If the detainee has a complaint of officer misconduct, he may also complain
directly to the Department of Justice, a phone number and address for which is
provided in the Handbook. A complaint can also be filed with the Department of
Justice Office of Inspector General; however, when a delegate attempted to use
the number, it was blocked. 112

•

In preparing the grievance, a detainee may obtain assistance from another
detainee, housing officer or facility staff or outside legal counsel. However, no

111

interview. Facility staff made it clear on several occasions that Mr. b6, b7C is seen
as a problem detainee. Indeed, Mr. b6, b7C was transferred to the San Diego CCA facility for
more than two months as punishment.

112

b6
See Ms.
notes. These forms (Form OMB No. 1115-OS1, Form I-847 (11-6-95) are in
Spanish and English. However, they were not posted in as many places as purported by
Officer b6, b7Cor the rest of the staff.

b6, b7C

22
DC\570220.1

detainee may submit a grievance on another detainee’s behalf. 113 Copies of the
grievance are maintained for three (3) years. The staff also stated that the
grievances are logged in a logbook, however, we were unable to view the book
on our visit.

V.

•

The Handbook states that no harassment, punishment or disciplinary action will
result for a detainee who seeks resolution of legitimate complaints in good faith.
However, it states that it will return, unprocessed, those grievances that
demonstrate a pattern of abuse of the grievance system resulting in unnecessary
burdens at the expense of legitimate complaints, and continued abuse may result
in an adverse action initiated against the detainee. Assistant OIC b6, b7C
claimed that in his more than twenty years at El Centro, he had never seen an
instance of a staff member retaliating against a detainee for filing a grievance.
However, three out of the six detainees we interviewed—from different
classification groups—indicated that intimidation or retaliation is a probable
response to filing a grievance. 114 Apparently, the usual form of retaliation is
transfer to the CCA facility. 115

•

OIC b6, b7C commented that he is typically “inundated” with grievances. He
claims, however, that he has addressed or responded to every grievance filed. 116

Conclusion

The staff of El Centro SPC are taking steps to implement the Standards into the regular operating
procedures. There was visible room for improvement, however, with respect to the lack of multilingual
support, the inadequately stocked law library and attendant support, the documentation for contacting
attorneys and government agencies, and the visitation areas. El Centro SBC’s disciplinary and stripsearch policies are also questionable in light of the Standards.
In light of the similarity of complaints between different classifications of detainees, the
delegation also suspects that El Centro SPC has a retaliation problem. That is, the delegation suspects that
different forms of inappropriate punishment are meted out either for discipline or in retaliation for filing a
b6, b7C
grievance. The delegation is also dubious of OIC
statement that he meaningfully responds to

113

El Centro SPC staff will not accept the detainee’s need to obtain assistance as justification for
exceeding the time limit on submissions, unless staff caused the delay.

114

and b6, b7C interviews. Detainees b6, b7C and
were sent to the CCA facility because they had voiced grievanc

115

Id. Detainee b6, b7C added that, when he was in segregation, a guard told him that “if you
keep complaining we’ll send you places where you’ll never get your mail.”
interview.
b6, b7C

116

Four out of the six detainees we interviewed disagreed, stating that they received no response to
b6, b7C
many of their grievances or complaints. b6, b7C
, b6, b7C , and b6, b7C interviews.

b6, b7C

b6, b7C

23
DC\570220.1

b6, b7C

both indicated that they

all detainee grievances, given detainee statements and the sheer number that he claimed he was
“inundated with” on a regular basis. Extensive conversations with El Centro SPC staff did not compel a
contrary finding.

24
DC\570220.1

I.

Introduction...................................................................................................................................... 1

II.

The El Centro Facility...................................................................................................................... 2

III.

Observation of Implementation of Legal Access Standards ............................................................ 4
A.

B.
C.

D.
IV.

Other General Observations Unrelated to the Legal Access Standards......................................... 14
A.
B.

C.
D.
E.
F.

V.

Visitation............................................................................................................................. 4
1.
Visitation by Attorneys.......................................................................................... 4
a.
Visitation Times........................................................................................ 4
b.
Attorney Access........................................................................................ 5
c.
Security Concerns..................................................................................... 5
d.
Access to Contact Information for Legal Services ................................... 6
e.
Visitation Conditions ................................................................................ 6
2.
Visitation by Family, Friends, and the Media........................................................ 7
a.
Visitation Times and Duration.................................................................. 7
b.
Other Limits on Visitors ........................................................................... 8
c.
Security Concerns..................................................................................... 8
Telephone Access ............................................................................................................... 9
Legal Materials ................................................................................................................. 10
1.
Materials Identified in Attachment A-2 of the Standards ................................... 10
2.
Library Conditions............................................................................................... 12
3.
Photocopies and Mail........................................................................................... 12
4.
Access to the Library, Equipment and Holdings ................................................. 13
5.
Assistance for Illiterate and Non-English Speakers............................................. 13
6.
Notaries, Certified Mail, and Miscellaneous Needs Associated with
Legal Matters ....................................................................................................... 13
Group Rights Presentations .............................................................................................. 14

Recreation ......................................................................................................................... 14
Medical Care..................................................................................................................... 15
1.
General Access to Health Care ............................................................................ 15
a.
15
2.
Grievances ........................................................................................................... 17
Religious Issues ................................................................................................................ 17
Detainee Classification ..................................................................................................... 18
Special Management Unit (Administrative Segregation) ................................................. 19
Grievance and Disciplinary Procedures............................................................................ 20
1.
Discipline............................................................................................................. 20
2.
Grievance Procedure............................................................................................ 21

Conclusion ..................................................................................................................................... 23

25
DC\570220.1