INS Detention Standards Compliance Audit - Lerdo Detention Facility, Bakersfield, CA, 2008

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

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505 Montgomery Street, Suite 2000
San Francisco, California 94111-6538
Tel: +1.415.391.0600 Fax: +1.415.395.8095
www.lw.com
FIRM / AFFILIATE OFFICES

MEMORANDUM

October 21, 2008

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Washington, D.C.

James T. Hayes, Jr., Director, Office of Detention and Removal, Immigration and
Customs Enforcement
American Bar Association Delegation to the Lerdo Pre-Trial Facility1
b6
ABA Commission on Immigration
Report on Observational Tour of the Lerdo Pre-Trial Facility, Bakersfield,
California

This memorandum summarizes and evaluates information gathered at the Lerdo Pre-Trial
Facility (“LPTF”) in Bakersfield, California, during the delegation’s September 25, 2008 visit to
the facility. The information was gathered via observation of the facility by the delegation,
interviews with 6 detainees, and discussions with LPTF and Immigration and Customs
Enforcement (“ICE”) personnel.
I. ICE DETENTION STANDARDS
In November 2000, the Immigration and Naturalization Service (“INS”), 2 promulgated
the “INS Detention Standards” to ensure the “safe, secure and humane treatment” of immigration
detainees. The thirty-nine standards contained in the Detention Operations Manual (“DOM”)
cover a broad spectrum of issues ranging from visitation policies to grievance procedures. 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 (“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
1

The delegation was comprised of attorneys from the San Francisco office of Latham & Watkins LLP, including
b6
b6
b6
b6
b6
,
,
,
, and
.

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

minimum requirements to which ICE must adhere in its facilities. Each Field Office or Officerin-Charge (“OIC”) has discretion to promulgate polices and practices affording ICE detainees
more enhanced rights and protections, beyond those provided by the Standards.
On September 12, 2008, ICE published a revised set of performance-based standards.
The new Performance Based National Detention Standards (“PBNDS”) focus on the outcomes
the Standards are expected to accomplish, and include a number of new standards. 3 At the time
of our visit to LPTF we used the earlier version of the Standards to guide our observations.
Nevertheless, for purposes of this report, substantive distinctions between the Standards and the
PBNDS are identified in the footnotes of this report.
II. INTRODUCTION
A.

The Delegation’s Visit, September 25, 2008

On September 25, 2008, the members of our delegation met with two members of
b6, b7C
LPTF’s staff, Kern County officers Sergeant
(“Sergeant b6, b7C ”) and
b6, b7C
Lieutenant
(“Lieutenant b6, b7C ”), and a representative from the ICE office in
b6, b7C
Bakersfield, California, ICE Supervisory Detention and Deportation Officer
(“Supervisor b6, b7C ”). All three officers accompanied us on the tour of LPTF and participated
in post-tour discussions. The delegation appreciates the cooperation of these LPTF and ICE
b6, b7C
officers for accommodating our visit and the assistance of ICE employee
in
preparing our visit.
Upon our arrival, Sergeant b6, b7C provided our delegation with a copy of the Lerdo
Pre-Trial Facility Federal Inmate Orientation Hand Book (“Handbook”), the Inmate Grievance
Form, the Sick Call Request Form, as well as a copy of the form used for inmate intake and a list
of the phone numbers that are pre-programmed into the housing unit phones.
Our report is based on the discussions we had with the LPTF and ICE officers, the
materials we received upon arrival, our observations of the facility, and interviews with six
immigration detainees. In many instances, the detainees’ reports were compatible with
statements made by facility officers and our observations. In such cases, the delegation obtained
some confirmation that LPTF policies and procedures successfully meet the Standards in
practice. However, in certain instances, the detainees’ reports conflicted with statements made
by facility officers; thus, the delegation was unable to confirm if these Standards are in practice.
B.

General Information About LPTF

LPTF houses federal immigration detainees according to an IGSA with ICE. 4 ICE pays
LPTF a per diem of $63 per detainee. 5 According to LPTF officers, LPTF has the capacity to
hold 1,232 individuals, a maximum of 150 of which may be federal immigration detainees. 6
3

The PBNDS are available electronically at www.ice.gov/partners/dro/PBNDS/index.htm.

Notes of delegation member

, on conversation with Lieutenant
b6

, on conversation with Lieutenant
, on conversation with Lieutenant

b6, b7C

LPTF has a current population of 929 total inmates, 101 of whom are immigration detainees. 7
At the time of our visit, the facility officers estimated that eight female immigration detainees
were currently in residence. 8
LPTF is structured as seven pods, each with six units that hold thirty-two inmates. 9
There is a separate unit for Administratively Segregated inmates.10 During our visit, we were
able to walk through “Unit 5 of the H Pod.” 11 Supervisor b6, b7C told the delegation that the
facility houses immigration detainees from many different countries, including Mexico, El
Salvador, Guatemala, India, Fiji, Laos, and Vietnam. 12
Although LPTF is a “pre-trial” facility, all ICE detainees at the facility have a final order
of removal and are being detained pending appeal, petition for review, or final execution of their
removal order. 13 According to Supervisor b6, b7C , the national average duration for
confinement in ICE detention is around sixteen days, 14 but can be much longer due to the
difficulty in obtaining travel documents, particularly for detainees from Fiji, Laos, and
Vietnam. 15 At LPTF, it is common for individuals to be detained for many months or even
several years. 16
III.

PREVIOUS ABA REPORT ON LPTF

In 2006, the ABA composed a similar report on LPTF. 17 A review this document shows
that while some challenges still exist for the facility’s full implementation of the Standards,
LPTF has made substantial progress since 2006 in a number of areas. However, persisting
problems from the prior report are highlighted below.

Notes of delegation member

, on conversation with Lieutenant
b6

, on conversation with Lieutenant

b6, b7C

, on conversation with Lieutenant

Notes of delegation member

and Sergeant

b6, b7C

, on conversation with Sergeant
b6, b7C

Notes of delegation member
, on conversation with Sergeant
was representative of all the other pods.

Notes of delegation member

Notes of delegation members
Lieutenant b6, b7C

b6
b6

, on conversation with Supervisor
and

who affirmed that H pod
b6, b7C

, on conversations with Supervisor

b6, b7C

and

See GAO Report, Alien Detention Standards : Telephone Access Problems Were Pervasive at Detention
Facilities; Other Deficiencies Did Not Show a Pattern of Noncompliance, (July 2007) “According to ICE data, the
average length of stay in ICE adult detention custody for fiscal year 2007 as of April 2007 was 37.6 days.”
15

Notes of delegation member

Notes of delegation member
b6, b7C
.

ABA 2006 Report on Observational Tour of LPTF.

b6
b6

, on conversation with Supervisor
, on conversations with Supervisor

b6, b7C
b6, b7C

and detainee

b6, b7C



The 2006 ABA Report concluded that LPTF did not meet the Standard regarding the
Detainee Handbook – the Handbook was available only in English and did not include all
the necessary information for ICE detainees. 18
 This problem has not been resolved. The Handbook does not contain all of the
required information, and LPTF officers informed the delegation that there are still
no foreign language translations available.



The 2006 ABA Report stated that some detainees were unable to receive visitors on the
weekends and that visits were often shorter than thirty minutes. 19
 This problem has not been resolved. Some detainees’ designated visitation day is
on a Monday; requests for special accommodation are not honored, and visits are
still occasionally cut short.



The 2006 ABA delegation reported that LPTF did not fully satisfy the Standard related to
Telephone Access to Legal Representatives, because there are not sufficient privacy
safeguards, and electronic call monitoring may have the effect of inhibiting
communications with counsel. 20
 This problem has not been resolved. This year’s delegation confirmed that all
outgoing calls are electronically monitored, and that detainees are unable to make
private legal calls.



The 2006 ABA report noted that messages are not taken or delivered to detainees at
LPTF. 21
 It is unclear whether this problem has been fully resolved. Although LPTF
officers indicated during the 2008 tour that messages are taken as incoming calls
are received, several detainees noted that they never received the messages that
callers indicated that they had left for them.



The 2006 ABA Report noted that LPTF did not meet the Recreation Standards. 22
 The same problems involving the Recreation Standard persist in 2008.
Detainees do not have adequate time for outdoor recreation or the opportunity for
cardiovascular exercise.

ABA 2006 Report on Observational Tour of LPTF (hereinafter “2006 Report”), p. 13.

2006 Report on Tour of LPTF, p. 4.

2006 Report on Tour of LPTF, p. 6.

2006 Report on Tour of LPTF, p. 7.

2006 Report on Tour of LPTF, pp. 13-14.



The 2006 ABA Report indicated that LPTF does not meet the Classification Standard
because it was not clear that detainees were given any information about the procedure for
initial classification or the ability to appeal their classification. 23
 This problem has not been resolved. This year’s delegation observed that the
Handbook does not explain the various classification levels.

IV.

LEGAL ACCESS STANDARDS
A. Visitation
1. Visitation by Attorneys

The Standards require that facilities permit legal visitation seven days per week. 24 Legal
visits must be permitted for at least eight hours per day during the week and four hours per day
on weekends and holidays. 25 The visits must be private, should not be interrupted for head
counts, and may proceed through meals on regular business days. 26 Detention centers should
permit visits from attorneys, other legal representatives, legal assistants, and interpreters. 27
Visitation hours must be provided in the handbook, and posted where detainees can easily see
them. 28 If standard operating procedures at the facility require strip searches after contact visits
with a legal representative, then the facility must provide an option for confidential non-contact
visits with legal representatives and a mechanism to exchange documents. 29
LPTF meets this section of the Standards. Each pod is equipped with two vitiation
areas. Each visitation area has five general visitation booths, and two attorney visitation
booths. 31 There were two types of attorney visitation rooms. One had a divider that could be
opened completely to allow for physical contact and exchange of documents. 32 The second type
of visitation room had a glass panel with a small opening for the exchange of documents. 33
30

According to facility staff, attorneys are allowed to visit their clients twenty-four hours a
day, without prior notification to the facility. 34 According to the Handbook, however, legal
23

2006 Report on Tour of LPTF, p. 16.

Detention Operations Manual (“DOM”) Detainee Services, Visitation, Section III.I.2.

DOM Detainee Services, Visitation, Section III.I.2.

DOM Detainee Services, Visitation, Sections III.I.2 & 9.

DOM Detainee Services, Visitation, Section III.I.3.

DOM Detainee Services Visitation, Section III.B.

DOM Detainee Services Visitation, Section III.I.11.

Notes of delegation member

Observation of delegation member

Notes of delegation member

, on conversation with Sergeant

b6, b7C

b6
b6

on conversation with Sergeant

b6, b7C

visitation begins at 05:30 hours. 35 According to Sergeant b6, b7C , there is no time limit for
attorney visits. 36 The Handbook states that attorney access is unlimited. 37 The Handbook also
states, “denial of attorney visits will only occur under special circumstances,” but there is no
information on what would constitute a special circumstance. 38 To see a client, an attorney must
show personal identification and provide an active bar card. 39 Detainees are not interrupted
during attorney visitations for meals, and if a detainee misses a meal due to an attorney visit, that
meal is provided later. 40 Detainees are not searched after visits. 41 While LPTF officers can
visually observe the interaction between detainee and attorney, they cannot hear or otherwise
monitor the conversation. 42
2. Visitation by Family and Friends
To maintain detainee morale and family relationships, the Standards encourage visits
from family and friends. 43 The Standards require that facilities establish written visitation hours
and procedures, post them where detainees can see them, and make them available to the
public. 44 The visiting area is to be “appropriately furnished and arranged, and as comfortable
and pleasant as practicable.” 45 Visiting hours shall be set on Saturdays, Sundays, and holidays,
and the Standards encourage facilities to accommodate visitors at other times when they are
facing a particular hardship. 46 Visits should be at least thirty minutes long, and longer when
possible. 47 If a facility does not provide for visits from minors, ICE should arrange for visits
with children or stepchildren within the detainee’s first thirty days at the facility, with continuing
monthly visits. 48

Handbook, “Access to Counsel.”

Notes of delegation member

Handbook, “Access to Counsel.”

Notes of delegation member

Notes of delegation member
, on conversation with Sergeant
notes of delegation member
b6
b6, b7C
, on conversation with detainee
. The 2008 Performance Based
National Detention Standards (PBNDS) require each facility to have written procedures to govern detainee
searches (Visitation, I.J.11.).

b6
Notes of delegation member
, on conversation with Sergeant b6, b7C ; observations of delegation
b6
member
. Visual observation of attorney-detainee meetings is permitted under the PBNDS
(Visitation, I.J.9.).

DOM Detainee Services, Visitation, Section I.

DOM Detainee Services, Visitation, Sections III.A & B.

DOM Detainee Services, Visitation, Section III.G.

DOM Detainee Services, Visitation, Section III.H.1.

DOM Detainee Services, Visitation, Section III.H.2.

on conversation with Sergeant

b6, b7C

, on conversation with Sergeant
b6

, on conversation with Sergeant

b6, b7C

LPTF does not meet this section of the Standards: certain detainees are unable to
have visitors on weekends, and one detainee reported that requests to accommodate
weekend hours of vitiation are not honored. According to the Handbook, the general visitation
days for detainees are divided based on the last name of the inmate (detainees with last names A
through F are allowed visits on Saturday, G through M on Sundays, and N through Z on
Mondays). 49 The visitation schedule is clearly posted at the entrance to the facility. 50 According
to the Handbook, detainees are allowed two (2) thirty-minute visitations per week. 51 The two
visitations can occur one after another (for one hour total), or separately on the same day. 52 The
visitation areas each contain five booths where detainees can converse with visitors by phone
contact only. 53 The detainees are allowed to visit with two individuals at a time, and anyone can
visit, including minors. 54
Two detainees indicated that they were familiar with their assigned visiting hours because
the hours are posted. 55 One detainee indicated that because his visitation day is Monday and not
the weekend, it is extremely difficult for his family to visit. 56 The detainee explained that his
wife even requested permission for a special visit, but the request was denied. 57 Similarly,
another detainee noted that his visitation days previously fell on Sundays, but had recently been
rotated to Mondays without notice, and with no indication of whether there would be a
subsequent rotation. 58 Since his visitation day was moved, the detainee had not been able to
have visitors due to their inability to travel on a weekday. 59 One detainee indicated that even
though visiting time with family was supposed to be an hour long, it was generally shortened to
forty-five minutes because of the time it took to register visitors and set up the visitation. 60
B. Telephone Access
1. General Requirements
49

Handbook, “Visiting.”

Observation of delegation member

Handbook, “Visiting.”

Notes of delegation member

Observation of delegation members

Notes of delegation member

b6
Notes of delegation member
, on conversation with detainee b6, b7C . PBNDS state that while a
facility is not required to permit every detainee to have visits on both days of the weekend, the facility
administrator is encouraged to establish visiting hours for each detainee on both days of the weekend, and to try
to accommodate visitors who can only visit on a specific weekend day (Visitation V.I.1.).

Notes of delegation member

, on conversation with detainee
b6

b6
b6

and

b6, b7C

, on conversation with detainee
on conversation with detainees

, on conversation with detainee

b6, b7C
b6, b7C

.
and

b6, b7C

on conversation with detainee
b6

b6, b7C

Notes of delegation member

b6
Notes of delegation member
, on conversation with detainee
b6
b6, b7C
member
, on conversation with detainee
.

on conversation with detainee

b6, b7C

; notes of delegation

The Standards require that facilities provide detainees with reasonable and equitable
access to telephones during established facility waking hours.61 In order to meet this
requirement, facilities must provide at least one telephone for every twenty-five detainees. 62 The
Standards also require that telephone access rules be provided in writing to each detainee upon
admittance, and that the rules be posted where detainees may easily see them. 63 The facility
must maintain telephones in proper working order, and inspect them regularly. 64
LPTF partially meets this Standard: however, there is no regular inspection policy
for the phones. The unit observed by the delegation has two phones accessible to the 32
inmates. 65 Rules about telephone access are posted on the wall, adjacent to the two phones. 66
The telephones are accessible whenever detainees have access to the common room, generally
from 7 a.m. to 10 p.m. daily. 67
One detainee indicated that the phone system is not reliable, stating that it does not
function well and often cuts off calls randomly. 68 The same detainee also noted that there is
often a wait to use the phone and that he sometimes misses his regularly scheduled calls to his
wife, because he cannot access the phones. 69 One detainee indicated that phones were difficult
for him to use because county inmates often monopolize phone access. 70 While there is no
inspection policy for the phones, the detention officers made clear that the inmates alert the staff
promptly if the phones are not working properly. 71
2. Direct Calls and Free Calls
The Standards allow facilities to generally restrict calls to collect calls; 72 however, the
facility must permit detainees to make direct calls to the local immigration court and the Board
of Immigration Appeals (“BIA”), federal and local courts, consular officers, legal service
providers, government offices, and to family members in case of emergency. 73 The facility shall
61

DOM Detainee Services, Telephone Access, Sections I & III.A.

DOM Detainee Services, Telephone Access, Section III.C.

DOM Detainee Services, Telephone Access, Section III.B.

DOM Detainee Services, Telephone Access, Section III.D.

Observation of delegation member

.
b6

Observation of delegation member

Notes of delegation member

.
b6

, on conversation with Sergeant

b6, b7C

, on conversation with detainee
b6

.
b6, b7C

Notes of delegation member

b6
Notes of delegation member
on conversations with Sergeant b6, b7C and Lieutenant b6, b7C .
Under PBNDS, facility staff is responsible for ensuring on a daily basis that the telephones are operational.
Similarly, ICE field office staff members are required to verify the serviceability of all telephones at least
weekly (Telephone Access, V.A.4.).

DOM Detainee Services, Telephone Access, Section III.E.

, on conversation with detainee
b6

, on conversation with detainee

.
b6, b7C

not require indigent detainees to pay for these types of calls if local, or for non-local calls if there
is a compelling need. 74 In addition, 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.” 75
LPTF does not fully meet this section of the Standards: detainees cannot make
direct calls to all free legal service providers on the ICE-approved list. LPTF allows
detainees to make direct calls, free of charge, to the immigration court, the BIA, federal courts,
government offices, and various national consulates; however, LPTF does not allow detainees to
make free direct calls to most of the legal service providers on the list provided by ICE/DRO. 76
There is a posted list of pre-programmed free telephone options by each telephone in the
common room of a housing pod. 77 The pre-programming options require an alien number (“A
number”) to complete a call. 78 The list includes numbers to seventy-nine national consulates and
embassies, several numbers to immigration offices and courts, including the BIA, numbers to a
few federal district courts, the Ninth Circuit Court of Appeals, and a few legal service
organizations. 79 However, the list does not include most of the phone numbers for pro bono
legal service organizations that are on the ICE/DRO provided list, and it does not include any
numbers for attorneys. 80 Furthermore, at least one detainee we interviewed was unaware that
free legal service providers could be contacted using the pre-programmed numbers. 81 Another
detainee stated that these lists often fall off the wall or are removed by individuals housed in the
units, and are not replaced until an outside group tours the facility.82
3. Telephone Access to Legal Representatives
The Standards provide that the facility shall not restrict the number of calls a detainee
places to his or her legal representatives, nor limit the duration of such calls by automatic cutoff,
unless necessary for security purposes or to maintain orderly and fair access to telephones. 83 If
time limits are necessary, they shall be no shorter than twenty minutes. 84 The Standards require
that the facility ensure privacy for detainees’ telephone calls regarding legal matters by providing

DOM Detainee Services, Telephone Access, Section III.E.

Observation of delegation member

b6
Observation of delegation member
The [ICE]-provided list is available at
http://www.usdoj.gov/eoir/probono/freelglchtCA.htm.

Notes of delegation member

DOM Detainee Services, Telephone Access, Section III.F.

.
b6

.
.

b6
b6

on conversation with detainee
on conversation with detainee

b6, b7C
b6, b7C

a reasonable number of phones for detainees to make calls without being overheard by facility
staff or detainees, and that calls shall not be electronically monitored absent a court order. 85
LPTF does not meet this section of the Standards: there are no privacy safeguards
and all calls are recorded. 86 Detainees are unable to make private legal calls; both of the
accessible phones are located in the public day rooms afford very little privacy to detainees using
the phone. 87 The phones are near each other, and not partitioned. 88 According to LPTF officers,
all calls are recorded, but calls are only reviewed if the officers have some reason to suspect
illicit activity. 89 However, there is no way for a detainee to alert the staff that his or her call is a
privileged conversation with an attorney, and either have the recording mechanisms turned off,
or have a recorded call deleted. 90
4. Incoming Calls and Messages
The Standards require that facilities take and deliver telephone messages to detainees as
promptly as possible. 91 If the facility receives an emergency telephone call for a detainee, the
Standards require that the facility obtain the caller’s name and number and permit the detainee to
return the emergency call as soon as possible. 92
It is unclear if LPTF meets this section of the Standards: detainees reported phone
messages are not taken. Detainees are not allowed to receive incoming phone calls. 93 LPTF
officers stated that detainees are given incoming messages as they are received. 94 However,
there is no special method for returning emergency phone calls other than by making a collect
call or using a pre-paid calling card. 95 One detainee said that he has never received a message
from an official at LPTF in over a year, even though his wife has called the facility and

DOM Detainee Services, Telephone Access, Section III.J.

Notes of delegation member

Observation of delegation member
b6, b7C
detainee
.

; notes of delegation member

Observation of delegation member

b6
Notes of delegation member
, on conversation with Sergeant b6, b7C . Notably under the PBNDS,
adjacent to each phone should be a notice stating that detainee calls are monitored and describing the procedure
for obtaining an unmonitored call to a court or legal representative (Telephone Access, V.4.B.).

Notes of delegation member

DOM Detainee Services, Telephone Access, Section III.I.

Notes of delegation member

, on conversation with detainee

, on conversation with Sergeant

, on conversation with Lieutenant

b6, b7C
b6

, on conversation with

b6, b7C

Notes of delegation member

Observation of delegation member
with Lieutenant b6, b7C

, on conversations with Sergeant
b6

notes of delegation member

and Lieutenant

b6, b7C
b6

b6, b7C

, on conversation

attempted to leave messages. 96 Another detainee simply said that messages are not taken at
LPTF. 97
C. Access to Legal Material and Library
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.” 98
1. Library Access
The Standards state that each facility shall have a flexible schedule for law library use
that permits all detainees, regardless of housing or classification, to use the law library on a
regular basis. 99 Detainees in administrative or disciplinary segregation must have the same law
library access as others, except when compelling security concerns require limitations. 100 Each
detainee shall be permitted to use the law library for a minimum of five hours per week. 101
LPTF meets this section of the Standards. LPTF allows all detainees to access the law
library. 102 Only ICE detainees may access the law library; other inmates at LPTF use the Legal
Research Associates program to access legal materials. 103 The library is open from 7 a.m. to 3
p.m., Monday through Friday. 104 Library use by detainees is unlimited in theory, but in practice
it is subject to the number of requests to use the library in any given week. 105 One detainee’s
understanding of the rule is that detainees may access the law library twice per week for two
hours per visit. 106 Another detainee indicated that requests to use the library are usually granted,
and that he usually uses the library twice a week for two and a half hours at a time. 107 Detainees
do not have to choose between library time and recreation time. 108

Notes of delegation member

, on conversation with detainee

Notes of delegation member

on conversation with detainee

DOM Detainee Services, Access to Legal Material, Section I.

DOM Detainee Services, Access to Legal Material, Section III.G.

100

DOM Detainee Services, Access to Legal Material, Section III.M.

101

DOM Detainee Services, Access to Legal Material, Section III.G.

102

Notes of delegation member

103

Notes of delegation member

on conversation with Sergeant

Notes of delegation member

105

Notes of delegation member

106

Notes of delegation member

107

Notes of delegation member

b6, b7C

.
b6, b7C

on conversation with Sergeant
b6

, on conversation with Sergeant
, on conversation with detainee

b6, b7C

on conversation with Sergeant
b6

104

108

b6, b7C

.
b6, b7C

b6, b7C

, on conversation with detainee

b6, b7C

, on conversation with Sergeant

b6, b7C

Notes of delegation member

and Lieutenant

b6, b7C

The law librarian coordinates the library schedule each week, and pro se detainees are
given priority. 109 Administratively Segregated detainees are allowed to access the library one at
a time, and the law librarian coordinates their schedule as well. 110
2. Library Conditions
The Standards require that a facility provide a law library with sufficient space to
facilitate detainees’ legal research and writing. 111 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.” 112
LPTF meets this section of the Standards. The law library is located in a large room
and contains three long tables and nine chairs. 113 It is well-lit and appears to be isolated from
noisy areas. 114 Four detainees had favorable opinions about the law library and its offerings,
including the availability of functioning computers, typewriters, books, office supplies, and
unlimited free copies. 115
3. Materials Identified in the Detention Standards
The Standards require that all facility law libraries contain the materials listed in
Attachment A to the chapter on Access to Legal Materials, and must post a list of the materials
available. 116 These materials must be updated regularly, and information must be added on
significant regulatory and statutory changes regarding detention and deportation of aliens in a
timely manner. 117 Damaged or stolen materials must be promptly replaced. 118 Unrepresented
non–English speaking detainees must be provided with more than access to English-language
law books; facilities shall establish procedures such as helping detainees obtain assistance from
other detainees in using the law library and drafting legal documents, and assisting detainees to
contact pro bono legal service providers. 119

109

Notes of delegation member

, on conversation with Sergeant

.
b6, b7C

110

Notes of delegation member

111

DOM Detainee Services, Access to Legal Material, Section III.A.

112

DOM Detainee Services, Access to Legal Material, Section III.A.

113

Observation of delegation member

, on conversation with Sergeant

.
b6

114

Observation of delegation member

115

b6, b7C
b6
Notes of delegation member
, on conversations with detainees
b6, b7C ; notes of delegation member
b6
, on conversation with detainee
b6
b6, b7C
delegation member
, on conversation with detainee

116

DOM Detainee Services, Access to Legal Material, Section III.C.

117

DOM Detainee Services, Access to Legal Material, Section III.E.

118

DOM Detainee Services, Access to Legal Material, Section III.F.

119

DOM Detainee Services, Access to Legal Material, Section III.L.

and
b6, b7C

b6, b7C

; notes of

LPTF meets this section of the Standards: however, a detainee expressed problems
with the on-line materials and the list of materials available in the library is not posted. A
list of the library’s hard copy holdings is not posted, 120 but LPTF has a relatively up-to-date set
of hard copy legal resources, including Central California Local Court Rules, Federal
Supplement and Federal Reporter, California Criminal Code, West’s California Judicial Council
Forms, and the California Penal Code. 121 One detainee suggested that he thought the hard copy
materials were reasonably up to date, and that he uses them regularly to look up cases. 122
Another detainee indicated that the law librarian is resourceful and available to help locate cases
and other legal materials. 123 LPTF officers stated that the library no longer updates its hard
copy collection because the materials are now provided electronically. 124 The law librarian is
responsible for checking and updating the legal materials. 125
According to LPTF officers, compliance with the Standards is accomplished by providing
detainees with electronic access to the legal resources on the “BICE Lexis-Nexis Immigration
Law Library” CD. 126 Posted near the two computers is a list of the materials that are contained
on the CD, each computer has a copy of this CD. 127 LPTF officers stated that these CDs had
been recently updated. 128 Indeed, one detainee informed us that LPTF had just provided the CDs
in the law library as of the week of our tour. 129 The same detainee indicated that until the week
of our visit to LPTF, the law library had expired and non-working CDs. 130 According to the
same detainee, no training on how to use the CD materials had ever been provided, but the
materials were sufficiently easy to navigate and use. 131
4. Library Equipment and Supplies
The Standards require that facility law libraries provide an adequate number of
typewriters and/or computers, writing implements, paper, and office supplies to enable detainees
to prepare documents for legal proceedings. 132 Staff must inspect the library at least weekly to
120

Observation of delegation member

121

Observation of delegation members

and

122

Notes of delegation member

123

Notes of delegation member

124

Notes of delegation member

125

Notes of delegation member

126

Notes of delegation member

127

b6
Observation of delegation member
. Under PBNDS, a facility may substitute the Lexis-Nexis
publications on CD-ROM in lieu of obtaining and maintaining the paper-based publications in Attachment A (
Law Libraries and Legal Materials, V.E.2.b.(2).).

128

Notes of delegation member

129

Notes of delegation member

, on conversation with detainee
, on conversation with detainee

b6
b6
b6
b6

, on conversation with Lieutenant
, on conversation with Sergeant
, on conversation with Lieutenant

on conversations with Sergeant

b6, b7C

b6, b7C
b6, b7C

and Lieutenant

b6, b7C

on conversation with detainee

130

Notes of delegation member

on conversation with detainee

131

Notes of delegation member

on conversation with detainee

132

DOM Detainee Services, Access to Legal Material, Section III.B.

b6, b7C

.
.

b6, b7C

ensure equipment is in working order and to stock sufficient supplies. 133 In addition, indigent
detainees must be provided free envelopes and stamps for legal mail.134
LPTF meets this section of the Standards. The law library has two computers and two
typewriters available for detainee use. 135 The computers appear to be in good working order and
are equipped with navigational tools. 136 Demand for use of the two computers is high, and
according to LPTF staff, both computers are always occupied while a group is in the library. 137
Several detainees suggested that the computers work, and the detainees use them often. 138 LPTF
has requested three additional computers from ICE, and ICE has approved the request. 139
Writing implements, paper and office supplies are available from the law librarian. 140
There is no limit to the quantities of supplies a detainee may use, within reason. 141 In addition, if
a detainee is indigent, LPTF provides free envelopes and paper for legal correspondence, and the
mail is stamped free of charge. 142 There is no limit to the quantity of correspondence materials a
detainee may obtain unless a detainee makes an unreasonable request.143 The availability of
these supplies was confirmed by at least one detainee, who describes himself as a regular user of
the law library. 144 The law librarian is in charge of inspection of equipment and stocking of
supplies. 145
4. 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. 146 Enough copies must be provided so that a detainee can

133

DOM Detainee Services, Access to Legal Material, Section III.B.

134

DOM Detainee Services, Access to Legal Material, Section III.N.

135

Observation of delegation member

136

Observation of delegation member

137

Notes of delegation member

138

b6
b6

.
.
on conversations with Sergeant

and Lieutenant

b6, b7C

Notes of delegation member
on conversation with detainee
b6
b6, b7C
member
, on conversations with detainees
and

b6, b7C

139

Notes of delegation member

, on conversation with Lieutenant

b6, b7C

140

Notes of delegation member

, on conversation with Sergeant

141

Notes of delegation member

; notes of delegation
.

b6, b7C

.
.

, on conversation with Sergeant

.
b6, b7C

142

Notes of delegation member

, on conversation with Sergeant

143

Notes of delegation member

, on conversation with Sergeant

144

Notes of delegation member

145

Notes of delegation member

146

DOM Detainee Services, Access to Legal Material, Section III.J.

, on conversation with detainee

b6
b6

, on conversation with Sergeant

b6, b7C
b6, b7C

fulfill court procedural rules and retain a copy for his records. 147 Facility personnel may not read
a document that on its face is clearly related to a legal proceeding involving the detainee. 148
LPTF meets this section of the Standards. The photocopier sits in the law librarian’s
office, which is located in the library, but separated physically by a cage-like structure. 149
Detainees may request photocopies from the librarian, which cost ten cents per page and are
provided on an unlimited basis. 150 The copies are free if a detainee is indigent; however, free
copies are limited to one copy of a court opinion or statute and five copies of legal forms. 151
There is no limit to the quantity of legal documents that detainees may keep, other than what
could potentially constitute a fire hazard. 152 Two detainees indicated that it was easy to make
copies in the library and that they never had a problem keeping legal documents. 153
5. Assistance from Other Detainees
The Standards require that each facility permit detainees to assist other detainees in
researching and preparing legal documents upon request, except when such assistance poses a
security risk. 154
LPTF meets this section of the Standards. One detainee stated that, because of his
strong typing abilities, he often assists other detainees with preparing legal documents. 155
6. Notice to Detainees
The Standards require that the detainee handbook provide detainees with the rules and
procedures governing access to legal materials. 156 It should include that a law library is
available for detainee use; the scheduled hours of access to the law library; the procedure for
requesting access to the law library; the procedure for requesting additional time in the law
library beyond the five hours per week minimum; the procedure for requesting legal reference
materials not maintained in the law library; and the procedure for notifying a designated

147

DOM Detainee Services, Access to Legal Material, Section III.J.

148

DOM Detainee Services, Access to Legal Material, Section III.J.

149

Observation of delegation member

150

Notes of delegation member

151

Notes of delegation member

152

Notes of delegation member

153

Notes of delegation member
of delegation member

.
, on conversation with Sergeant

, on conversation with Sergeant

.
b6, b7C

, on conversation with Sergeant
b6
b6

, on conversation with detainee
, on conversation with detainee

154

DOM Detainee Services, Access to Legal Material, Section III.K.

155

Notes of delegation member

156

DOM Detainee Services, Access to Legal Material, Section III.Q.

, on conversation with detainee

.
.
; notes

b6, b7C
b6, b7C

b6, b7C

employee that library material is missing or damaged. 157 The rules and procedures must also be
posted in the library, along with a list of the library’s holdings. 158
LPTF does not meet this section of the Standards: the Handbook is missing much of
the required information on the law library. The Handbook provides a brief overview of the
law library rules and states that ICE detainees will be “afforded reasonable access” to the law
library. 159 The Handbook provides the procedure for requesting access to the law library, but
does not state that detainees are allowed at least five hours in the library per week or the
procedure for requesting additional time in the library. 160 Although it states that five requests to
use the library are allowed every sixty (60) days, it does not make clear what amount of time can
be requested on each individual request. 161 The Handbook does not list the scheduled hours of
access to the law library, 162 or the procedure for requesting legal reference materials not
maintained in the law library. 163 Additionally there is no information about notifying a
designated employee that library material is missing or damaged. 164 Furthermore, the rules and
procedures 165 and a list of the library’s hard copy holdings are not posted in the library. 166
D. Group Rights Presentations
The Standards provide that facilities holding ICE detainees “shall permit authorized
persons to make presentations to groups of detainees for the purpose of informing them of U.S.
immigration law and procedures, consistent with the security and orderly operation of each
facility.” 167 Informational posters are to be prominently displayed in the housing units at least
forty-eight hours in advance of a scheduled presentation. 168 While the presentations are open to
all detainees, the facility “may limit the number of detainees at a single session.” 169 “The facility
shall select and provide an environment conducive to the presentation, consistent with

157

DOM Detainee Services, Access to Legal Material, Section III.Q.

158

DOM Detainee Services, Access to Legal Material, Section III.Q.

159

Handbook, “Law Library.”

160

Handbook, “Law Library.”

161

Handbook, “Law Library.”

162

Handbook, “Law Library.”

163

Handbook, “Law Library.”

164

Handbook, “Law Library.”

165

Observation of delegation member

166

Observation of delegation member

167

DOM Detainee Services, Group Presentations on Legal Rights, Section I.

168

DOM Detainee Services, Group Presentations on Legal Rights, Section III.C.

169

DOM Detainee Services, Group Presentations on Legal Rights, Section III.C.

b6
b6

.
.

security.” 170 In addition, detainees shall have regular opportunities to view an “INS-approved
videotaped presentation on legal rights” at the request of outside organizations 171
LPTF does not meet the requirement on Group Rights presentations, LPTF does
not currently show or make available the “Know Your Rights” video. It is unclear if LPTF
meets the other aspects of the Standard. Rooms for group rights presentations are made
available upon request and there are no rules limiting presentations. 172 However, there have
been no requests to hold a group rights presentation for many years, so the delegation could not
confirm whether these accommodations are adequate in practice. 173
According to LPTF officers, the facility’s television system has switched from VHS to
DVD and LPTF only has a VHS copy of the “Know Your Rights” video. 174 Lieutenant b6, b7C
stated that he has contacted ICE for a DVD version of the video and when it arrives, he plans to
show it on a daily basis after breakfast, along with the facility orientation video. 175
Several detainees who have been at LPTF for over a year stated that they had never
attended a group rights presentation, or seen the “Know Your Rights” video. 176
III. OTHER PROVISIONS OF THE ICE DETENTION STANDARDS
A. Correspondence and Other Mail
The Standards require that detainees be allowed to send and receive correspondence in a
timely manner, subject to limitations required for safety, security, and orderly operation of the
facility. 177 General correspondence shall normally be opened and inspected for contraband in
the presence of the detainee, but may be opened and even read outside the presence of the
detainee if security reasons exist for doing so. 178 Special correspondence—which includes all
written communication to or from attorneys, legal representatives, judges, courts, government
officials, and the news media—is treated differently. 179 Incoming special correspondence can be

170

DOM Detainee Services, Group Presentations on Legal Rights, Section III.E.

171

DOM Detainee Services, Group Presentations on Legal Rights, Section III.I.

172

Notes of delegation member

173

Notes of delegation member

, on conversation with Lieutenant
, on conversation with Lieutenant
b6

b6, b7C

174

Notes of delegation member

, on conversation with Lieutenant

175

Notes of delegation member

, on conversation with Lieutenant

176

Notes of delegation member
b6, b7C

b6
, on conversations with detainees
b6
; notes of delegation member

b6, b7C
and
, on conversation with detainee

Deo Singh.
177

DOM Detainee Services, Correspondence and Other Mail, Section I.

178

DOM Detainee Services, Correspondence and Other Mail, Sections III.B & E.

179

DOM Detainee Services, Correspondence and Other Mail, Sections III.B, E, & F.

inspected for contraband only in the presence of the detainee, but it can never be read or
copied. 180 Outgoing special correspondence may not be opened, inspected, or read. 181
The detainee handbook must specify how to address correspondence, the definition of
special correspondence and how it should be labeled, and the procedure for purchasing postage
and rules for providing indigent detainees free postage. 182 The Standards also require that
facilities provide indigent detainees with free envelopes and stamps for mail related to a legal
matter, including correspondence to a legal representative, potential representative, or any court;
indigent detainees must be permitted to mail at least five pieces of special correspondence and
three pieces of general mail per week. 183 Finally, the Standards require that facilities notify
detainees of specific information regarding correspondence policies. 184
LPTF does not meet this section of the Standards: the amount of regular
correspondence afforded to indigent detainees is below that required by the Standards.
The Handbook does not provide the following information: 1) “the definition of special
correspondence, including instructions on the proper labeling for special correspondence . . . .
[and a] statement that it is the detainee’s responsibility to inform senders of special mail of the
labeling requirement”; 2) the fact that detainees may not send or receive packages without
advance approved arrangements; 3) the fact that identity documents, such as passports and birth
certificates, are contraband and may be rejected by the facility; 4) instructions about “how to
obtain writing implements, paper, and envelopes”; 5) “the procedure for purchasing postage (if
any), and the rules for providing indigent and certain other detainees free postage.” 185 Without
providing information regarding the foregoing matters, LPTF fails to meet the notification
requirements of this section of the Standards.
The Handbook states that all mail will be searched for contraband and does not require
that the detainee be present during the search. 186 Outgoing mail is not scanned unless there has
been a tip that it contains contraband or something illegal has previously been sent to the
detainee sending the mail. 187 Facility staff stated that legal mail will only be opened in front of
the detainee. 188 One detainee indicated that letters from his attorney were never opened.189
However, the Handbook states that “[m]ail may be read for security purposes,” and that “[a]ll
180

DOM Detainee Services, Correspondence and Other Mail, Sections III.B & E.

181

DOM Detainee Services, Correspondence and Other Mail, Sections III.B & F.

182

DOM Detainee Services, Correspondence and Other Mail, Sections III.B.

183

DOM Detainee Services, Correspondence and Other Mail, Section III.I, and Access to Legal Material, Section
III.N.

184

DOM Detainee Services, Correspondence and Other Mail, Section III.B.

185

Handbook, “Correspondence/Mail” and “Legal Mail.”

186

Handbook, “Correspondence/Mail.”

187

Notes of delegation member

188

Notes of delegation member

189

Notes of delegation member

, on conversation with Lieutenant
b6, b7C
b6

, on conversation with Lieutenant
, on conversation with detainee

b6, b7C

mail will be searched for contraband.” 190 It does not provide that the detainee be present during
the search of legal mail, as required by the Standards. 191
The Handbook states that detainees without money will be provided stationary and
postage for any legitimate legal mailings. 192 In practice, LPTF provides all detainees, regardless
of whether they are indigent or not, unlimited free envelopes and stamps for legal mail unless the
detainee abuses the privilege. 193 Indigent detainees receive two envelopes and pieces of paper
for non-legal mail. 194 Non-indigent inmates can purchase envelopes, paper, and stamps in the
commissary. 195
Members of the clerical staff sort incoming mail each day and the mail is distributed to
the detainee recipients every evening around 7 p.m. 196 One detainee confirmed that mail is
delivered every night. 197 Two detainees indicated that they have no problem sending mail to or
receiving mail from their attorneys, family, and friends. 198
B. Detainee Handbook
The Standards require that every Officer-in-Charge (“OIC”) develop a site-specific
detainee handbook to serve as an overview of detention policies, rules, and procedures, and
specify that every detainee will receive a copy of the handbook upon admission to the facility. 199
The handbook will be written in English and translated into Spanish and other prevalent
languages as appropriate. 200 The handbook must include visitation hours and rules. 201 The
handbook must provide detainees with the rules and procedures governing access to legal
materials. 202 The handbook must notify detainees of the facility correspondence policy. 203 The
grievance section of the handbook must provide notice of the opportunity to file both formal and
190

Handbook, “Correspondence/Mail.”

191

Handbook, “Correspondence/Mail.”

192

Handbook, “Legal Mail.”

193

b6
Notes of delegation member
, on conversation with Lieutenant b6, b7C . PBNDS requires a facility to
provide writing paper, implements and envelopes at no cost to all detainees (Correspondence and Other Mail,
V.K.).

194

Notes of delegation member

, on conversation with Lieutenant

195

Notes of delegation member

, on conversation with Lieutenant

196

Notes of delegation member

197

Notes of delegation member

, on conversation with detainee

198

Notes of delegation member
b6, b7C .

, on conversations with detainees

199

DOM Detainee Services, Detainee Handbook, Section I.

200

DOM Detainee Services, Detainee Handbook, Section III.E.

201

DOM Detainee Services, Visitation, Section III.B.

202

DOM Detainee Services, Access to Legal Material, Section III.Q.

203

DOM Detainee Services, Correspondence and Other Mail, Section III.B.

, on conversation with Lieutenant

.
b6, b7C

.
.

b6, b7C
b6, b7C

.
and

b6, b7C

informal grievances and the procedures for filing grievances and appeals. 204 The detainee
handbook’s section on classification must include (1) an explanation of the classification levels,
with the conditions and restrictions applicable to each, and (2) the procedures by which a
detainee may appeal his classification. 205 The handbook must provide notice of the facility’s
rules of conduct and the sanctions imposed. 206 It must advise detainees of rights including the
right to protection from abuse, right to freedom from discrimination, and right to pursue a
grievance. 207 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. 208 The Officer in
Charge will provide a copy of the handbook to every staff member who has contact with
detainees. 209
LPTF does not meet this section of the Standards: the Handbook is only available in
English and does not contain all of the required information. According to LPTF officers,
the Handbook is currently being translated into Spanish, but the translation has not been
completed and only the English version is distributed to detainees. 210
As explained in the other relevant sections of this report, the Handbook does not include
all of the information required for correspondence procedures. 211 The Handbook does not
explain each of the classification levels or describe the conditions and restrictions applicable to
each level. 212 It states only the criteria taken into consideration when assigning inmates to
housing units and the process for appealing a classification. 213 The Handbook does not advise
detainees of certain rights, such as the right to protection from abuse and right to freedom from
discrimination. 214 The Handbook does state that inmates may submit an appeal of a grievance
determination to ICE and forward it to the facility Federal liaison officer. 215 However, the
Handbook does not provide that detainees can submit written questions, requests, or concerns to
ICE staff nor does it outline the procedures for doing so. 216

204

DOM Detainee Services, Detainee Grievance Procedures, Section III.G.

205

DOM Detainee Services, Detainee Classification System, Section III.I.

206

DOM Security and Control, Disciplinary Policy, Section III.A.5.

207

DOM Security and Control, Disciplinary Policy, Section III.A.5.

208

DOM Detainee Services, Staff-Detainee Communication, Section III.B.3.

209

DOM Detainee Services, Detainee Handbook, Section III.G.

210

Notes of delegation member

211

See infra Section V.A.

212

Handbook, “Classification.” PBNDS requires the detainee handbook to merely describe the classification
system—an explanation of the levels and restrictions applicable to each level is not required (Detainee
Handbook, II.).

213

Handbook, “Classification..

214

Handbook, “Administrative.”

215

Handbook, “Inmate Grievance Process.”

216

Handbook, “Inmate Grievance Process.”

, on conversation with Lieutenant

b6, b7C

and Sergeant

b6, b7C

C. Access to Medical Care
The Standards require that all detainees have access to medical services that promote
detainee health and general well-being. 217 Each facility is required to have regularly scheduled
times, known as “sick call,” when medical personnel are available to see detainees who have
requested medical services. 218 For a facility of over 200 detainees, there must be sick call five
days per week. 219 Facilities must also have procedures in place to provide emergency medical
care for detainees who require it. 220 If a detainee is diagnosed as having a medical or psychiatric
condition requiring special attention (e.g., special diet, medical isolation, etc.), the medical care
provider is required to notify the Officer in Charge in writing. 221
LPTF substantially meets this section of the Standards: however, two detainees
complained regarding the level of care. A physician is on site in the medical clinic five days a
week and two physician assistants provide coverage on the weekends. 222 Additionally, two
psychologists are on site five days a week, as are several mental-health nurses. 223 For routine
medical or mental health needs, a detainee may submit a sick call slip. 224 Medical sick call is
available from 7 a.m. to 3 p.m., Monday through Friday. 225 According to the Handbook, mental
health staff members are available to provide assessment, psychiatric evaluations, follow-up,
crisis prevention, crisis counseling, and medication monitoring from 7 a.m. to 5 p.m., Monday
through Friday. 226 Members of the medical staff such as registered nurses are present twentyfour hours a day for emergencies. 227 Detainees who need immediate attention will be evaluated
by the nurse to determine whether they can be treated in the medical clinic or if they need
additional attention. 228 If a detainee needs hospital attention, he or she is taken to Kern Medical
Center, which is twenty miles away. 229
According to LPTF officers, certain non-emergent medical procedures may require preapproval before they may be provided to an inmate. 230 One detainee indicated that he submitted
a sick call request for a sore tooth and had to wait three months for treatment to be approved and
217

DOM Health Services, Medical Care, Section I.

218

DOM Health Services, Medical Care, Section III.F.

219

DOM Health Services, Medical Care, Section I.

220

DOM Health Services, Medical Care, Sections III.A, D, & G.

221

DOM Health Services, Medical Care, Section III.J.

222

Notes of delegation member

, on conversations with Lieutenant

and Sergeant
b6, b7C

223

Notes of delegation member

224

Notes of delegation member

225

Notes of delegation member

226

Handbook, “Correctional Mental Health (CMH).”

227

Notes of delegation member

228

Notes of delegation member

229

Notes of delegation member

230

Notes of delegation member

, on conversations with Lieutenant
, on conversations with Lieutenant
, on conversation with Sergeant

and Sergeant

, on conversation with Sergeant

, on conversation with Lieutenant

b6, b7C

.
b6, b7C

, on conversation with Sergeant
b6

and Sergeant

b6, b7C

, on conversation with Sergeant
b6

.
b6, b7C

.
.

b6, b7C

.
b6, b7C

rendered. 231 Another detainee informed us that ICE had refused his request for a vision care
appointment. 232 A third detainee indicated that he had no problem getting treatment; he filled
out a sick call slip and was seen the next day. 233
D. Access to Dental Care
The Standards require that detainees have an initial dental screening exam within
fourteen days of the detainee’s arrival, and require the facility to provide emergency dental
treatment and repair of prosthetic appliances. 234 For detainees who are held in detention for over
six months, routine dental treatment may be provided, including amalgam and composite
restorations, prophylaxis, root canals, extractions, x-rays, the repair and adjustment of prosthetic
appliances and other procedures required to maintain the detainee’s health. 235
LPTF does not fully meet this section of the Standards: a detainee stated that he did
not receive an initial dental screening exam. The LPTF medical clinic contains two dental
chairs and a dentist is on site twice a week. 236 Detainees can fill out a medical request form to
see the dentist, just as they can for treatment of other medical issues. 237 However, one detainee
stated that it took three months to obtain treatment for a sore tooth. 238 Another detainee
indicated that a nurse gave him a brief health questionnaire when he first processed at LPTF, but
he did not receive an initial dental screening. 239
E. Recreation
The Standards require that all detainees have access to recreational programs and
activities, under conditions of security and safety. 240 Detainees should be housed in facilities
with outdoor recreation, and be provided with access one hour per day, five days per week. 241 If
a facility only provides indoor recreation, detainees must have access for at least one hour per
day, including exposure to natural light. 242 Detainees should have access to “fixed and movable
equipment,” including opportunities for cardiovascular exercise, and games and television in

231

Notes of delegation member

232

Notes of delegation member

233

Notes of delegation member

234

DOM Health Services, Medical Care, Section III.E.

235

DOM Health Services, Medical Care, Section III.E.

236

Notes of delegation member

237

Notes of delegation member

238

Notes of delegation member

239

Notes of delegation member

240

DOM Detainee Services, Recreation, Section I.

241

DOM Detainee Services, Recreation, Section III.A, which also provides that “[a]ll new or renegotiated contracts
and IGSAs will stipulate that INS detainees have access to an outdoor recreation area[,]” and Section III.B.

242

DOM Detainee Services, Recreation, Section III.B.

b6
b6
b6

b6
b6

, on conversation with detainee

b6, b7C

, on conversation with detainee

b6, b7C

, on conversations with Lieutenant
, on conversation with Sergeant

b6, b7C

and Sergeant

b6, b7C

, on conversation with detainee
, on conversation with detainee

b6, b7C

, on conversation with detainee

b6, b7C
b6, b7C

dayrooms. 243 Under no circumstances will a facility require detainees to forego law library
privileges for recreation privileges. 244
LPTF does not fully meet this section of the Standards: detainees have insufficient
time for outside recreation, only three hours per week. LPTF inmates are on a rotational
schedule for access to a single outdoor recreational area; each inmate is given three hours of
outdoor recreation per week. 245 LPTF officers stated that efforts are made to provide detainees
with additional recreation time in order to accommodate time that may be spent in the law
library, infirmary, or visiting with attorneys during regularly scheduled recreation hours. 246
LPTF is located in a desert where summer temperatures can reach 100 degrees Fahrenheit or
more. LPTF officers acknowledged that often times detainees do not go outdoors during their
allotted recreation time because it is too hot. 247 The only equipment is a single basketball net,
allowing detainees few choices for cardiovascular exercise: playing basketball, handball, or
running. 248
The dayroom, located in the center of Unit 5 in H Pod, was the only indoor recreation
shown to the delegation, and contained a wall-mounted television and several tables with
chairs. 249 Inmates are permitted to socialize, watch television according to an agreed-upon
schedule of channel selection, play cards and board games, and read in the dayroom. 250 The
dayroom contains windows offering access to natural sunlight, but no access to outside air or
equipment for muscular or cardiovascular exercise. 251
F. Detainee Classification System
The Standards require that detention facilities use a classification system and physically
separate detainees into different categories. 252 Detainees must be assigned to the least restrictive
housing unit consistent with facility safety and security. 253 A detainee’s classification is to be
determined using “objective” criteria, including criminal offenses, escape attempts, institutional
disciplinary history, violent incidents, etc. 254 Opinions, unconfirmed and unverified information,

243

DOM Detainee Services, Recreation, Section III.G.

244

DOM Detainee Services, Recreation, Section III.B.

245

Notes of delegation member

246

Notes of delegation member

on conversation with Lieutenant

b6, b7C

, on conversation with Lieutenant

b6, b7C

, on conversation with Sergeant

b6, b7C

247

Notes of delegation member

248

Observation of delegation member
with Sergeant b6, b7C .

249

Observation of delegation member

250

Observation of delegation member

251

Observation of delegation member

252

DOM Detainee Services, Detainee Classification System, Section I.

253

DOM Detainee Services, Detainee Classification System, Section III.F.

254

DOM Detainee Services, Detainee Classification System, Section III.D.

notes of delegation member

.
b6

.
.

.
b6

, on conversation

and physical characteristics and appearance are not to be taken into account. 255 Detainees with a
history of assaultive or combative behavior are not to be housed with non-assaultive detainees, 256
and Level 1 (lowest risk) detainees may not be housed with Level 3 (highest risk) detainees. 257
All facility classification systems shall allow classification levels to be re-determined and
include procedures by which new arrivals can appeal their classification levels. 258 Finally, the
detainee handbook’s section on classification must include: (1) an explanation of the
classification levels, with the conditions and restrictions applicable to each; and (2) the
procedures by which a detainee may appeal his classification. 259
LPTF does not meet this section of the Standards: non-violent ICE detainees are
sometimes housed with violent county inmates and the criteria for classification are not
clear. All inmates at LPTF are classified upon arrival at the facility, and colored wristbands are
used to indicate an inmate’s classification. 260 The Handbook describes the elements included in
a classification determination, but it does not explain the color-based classifications or the
ramifications of being placed in any specific group. 261 The Handbook addresses an appeal of
classification, saying it can be done by request, once every thirty days. 262
Sergeant b6, b7C explained that LPTF divides inmates and detainees into categories
according to various colored wristbands: white, yellow, red, orange, and blue. 263 White
wristbands are issued to the general population. 264 Yellow wristbands are issued to high-profile
inmates, for instance those who have had a lot of media attention. 265 Orange wristbands are
issued to inmates with a history of assaultive or combative behavior. 266 Red wristbands are
issued to the inmates who pose the highest security risk. 267 Inmates in protective custody are
issued blue wristbands; protective custody extends to sex crime offenders, “snitches,” and

255

DOM Detainee Services, Detainee Classification System, Section III.D.

256

DOM Detainee Services, Detainee Classification System, Section III.F.

257

DOM Detainee Services, Detainee Classification System, Section III.E.

258

DOM Detainee Services, Detainee Classification System, Sections III.G & H.

259

DOM Detainee Services, Detainee Classification System, Section III.I.

260

Notes of delegation member

261

Handbook, “Classification.”

262

Handbook, “Classification.”

263

b6
Notes of delegation member
, on conversation with Sergeant b6, b7C . Under PBNDS, detainees
are to be assigned colored wristbands as follows: Dark Red to Level 3 (Highest Security) detainees; Bright
Orange for Level 2 (Medium Security) detainees; and Dark Blue for Level 1 (Lowest Security) detainees
(Classification System, V.C.).

264

Notes of delegation member

265

Notes of delegation member

266

Notes of delegation member

267

Notes of delegation member

, on conversations with Sergeant

, on conversation with Sergeant

, on conversation with Sergeant
, on conversation with Sergeant

b6, b7C

, on conversation with Sergeant
b6

and Lieutenant

b6, b7C

.
b6, b7C

.
.

b6, b7C

transgender or alternative lifestyle inmates. 268 There does not appear to be segregation among
protective custody inmates (e.g., to separate sex crime offenders from transgender inmates), but
blue wristband inmates are housed separately and do not mix with other classifications of
inmates. 269
Though the specific rules were unclear, some of the more violent offenders are kept in
separate housing unit or “D Pod” and not intermixed with the general population. 270 However,
county inmates and federal detainees are generally not segregated from one another. 271 Several
detainees noted that the intermixing of county inmates with federal detainees was a serious
problem because many detainees do not have a history of violence, while many of the inmates
are violent criminals and/or gang members. 272 At least one detainee stated that the mingling of
the two groups caused fights, and that phones were difficult to use because county inmates often
monopolized phone access. 273 Two detainees found that being housed with county inmates was
intimidating and frightening, as drug and gang problems exist. 274 In addition, detainees reported
the need for constant vigilance regarding the “gang rule” that governs where detainees can sit
and what is shown on TV, as well as fear of retaliation from gang members if the detainee files a
formal complaint. 275 Three weeks before our visit, a gang fight occurred and one of the
detainees was cut with a razor blade. 276
One detainee described a time when he was given a red band and housed with violent
inmates; he had been regularly complaining about the diabetic meals he was erroneously
receiving, and in a protest, threw his food tray on the ground. 277 On another occasion, the same
detainee stated that he was accused of having a handcuff key in his possession, and was assigned
a red band and housed with violent county inmates. 278 The use of reclassification as a retaliatory
action was cited as a concern; one detainee stated that there is a pervasive and often unspoken
understanding that complaints by detainees will be met with a changed inmate classification—

268

Notes of delegation member

, on conversation with Sergeant
b6, b7C

269

Notes of delegation member

270

Observations of delegation member

, on conversation with Sergeant
, on conversation with

271

Observations of delegation member

272

b6
Notes of delegation member
b6, b7C ; notes of delegation member

.
b6, b7C
, on conversations with detainees
b6
on conversation with detainee

273

Notes of delegation member

274

b6
Notes of delegation member
, on conversation with detainee
b6
b6, b7C
member
on conversation with detainee

Notes of delegation member
b6, b7C .

, on conversations with detainees

276

Notes of delegation member

, on conversation with detainee

277

Notes of delegation member

b6, b7C
b6, b7C

; notes of delegation

.
and

b6, b7C

, on conversation with detainee

b6, b7C

, on conversation with detainee
b6

Notes of delegation member

and

, on conversation with detainee

275

278

b6, b7C

namely, that the staff will classify a complaining detainee with a “red band” and move him to D
Pod with the gang members and other violent inmates. 279
G. Detainee Grievance Procedures
The Standards require that every facility develop and implement standard procedures for
handling formal and informal detainee grievances. 280 Translating assistance for both formal and
informal grievances must be provided upon request. 281 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.” 282 All grievances must receive supervisory review, include guarantees against
reprisal, and allow for appeals. 283 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. 284
LPTF partially meets this section of the Standards: however, no notice is given to
detainees in the Handbook regarding a grievance appeals process, and detainees expressed
serious concerns about the use of retaliatory discipline for filing a complaint. The
Handbook states that any inmate may submit a formal, written grievance, but that inmates are
encouraged to communicate verbally with staff to resolve grievance issues before submitting a
written complaint. 285 “Written grievances will be answered as soon as practical, not to exceed
10 days from the date of receipt (unless accompanied by written justification for the delay).” 286
The Handbook states that there will be no staff retaliation for filing a grievance but provides no
information about how specifically grievances are reviewed, responded to, or regarding the
existence of an appeals process. 287
One detainee indicated that he often files grievances without any difficulty but LPTF
officers hardly ever respond. 288 Another detainee indicated that six months ago he complained
to the staff about housing conditions and was told they would look into it, but he has yet to
279

Notes of delegation member

280

DOM Detainee Services, Detainee Grievance Procedures, Sections I & III.A.

281

DOM Detainee Services, Detainee Grievance Procedures, Sections III.A.1 & 2.

282

DOM Detainee Services, Detainee Grievance Procedures, Section I.

283

DOM Detainee Services, Detainee Grievance Procedures, Sections I & III.C & D.

284

DOM Detainee Services, Detainee Grievance Procedures, Section III.G.

285

Handbook, “Inmate Grievance Process.” The PBNDS encourage facility staff to resolve a complaint at the
lowest level possible (Grievance System, V.C.1.).

286

Handbook, “Inmate Grievance Process.”

287

Handbook, “Inmate Grievance Process.”

288

Notes of delegation member

on conversation with detainee

, on conversation with detainee

b6, b7C

receive a response. 289 One detainee stated that LPTF officers have torn up grievance forms in
front of him and threatened to send him to D Pod with the gang members if he continued to
request grievance forms. 290 LPTF officers described this detainee to us as a habitual
complainer. 291 Another detainee confirmed this fear, stating that there is a general worry that if
detainees say something about their concerns, they will be sent to Administrative Segregation.292
Yet another detainee stated that he is afraid to file a grievance because of a fear that the Sheriff
will tell the other inmates of the detainee’s complaint, causing retaliatory conduct by other
inmates. 293
H. 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.” 294 Each facility holding ICE detainees must
have a detainee disciplinary system which has “progressive levels of reviews, appeals,
procedures, and documentation procedures.” 295 The disciplinary policy must clearly define
detainee rights and responsibilities, and any disciplinary action taken must not be capricious or
retaliatory. 296
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.” 297 Detainees in disciplinary segregation may not be denied legal visitation,
and ordinarily retain other visiting privileges as well. 298 In addition, they will ordinarily have
access to the law library, although access may be temporarily denied for violent or uncooperative
detainees. 299 Officers who witness a prohibited act must prepare and submit an incident
report. 300 The Standards provide that all incident reports filed by officers must be investigated
within twenty-four hours of the incident. 301

289

Notes of delegation member

290

Notes of delegation member

, on conversation with detainee

b6, b7C

, on conversation with detainee

b6, b7C

291

Notes of delegation member

292

Notes of delegation member

, on conversation with Sergeant
, on conversation with detainee

b6, b7C

293

Notes of delegation member

294

DOM Security and Control, Disciplinary Policy, Section I.

295

DOM Security and Control, Disciplinary Policy, Section III.A.1.

296

DOM Security and Control, Disciplinary Policy, Section III.A.1 & A.2.

297

DOM Security and Control, Disciplinary Policy, Section III.A.3.

298

DOM Security and Control, Special Management Unit (Disciplinary Segregation), Section III.D.17.

299

DOM Security and Control, Special Management Unit (Disciplinary Segregation), Section III.D.15.

300

DOM Security and Control, Disciplinary Policy, Section III.B.

301

DOM Security and Control, Disciplinary Policy, Section III.B & C.

, on conversation with detainee

b6, b7C

The detainee handbook must notify detainees of the disciplinary process, the prohibited
acts and disciplinary severity scale, and the procedure for appeals.302 The handbook must also
notify detainees of specific rights, including the right to protection from abuse, harassment, and
discrimination, the right to pursue a grievance, and the right to due process, including prompt
resolution of a disciplinary matter. 303
LPTF substantially meets this section of the Standards; however, the Handbook
does not inform detainees of their rights to be free from abuse and harassment. The
Handbook describes the disciplinary process, prohibited acts and disciplinary severity scale for
minor, serious, and major rule violations, and the procedure for appeals. 304 However, it does not
notify detainees of all their rights, including the right to protection from abuse, harassment, and
discrimination, the right to pursue a grievance, and the right to due process, including prompt
resolution of a disciplinary matter. 305 The Handbook describes actions that result in a minor rule
violation, a serious rule violation, or a major rule violation. 306 For each type of violation, the
Handbook provides the associated form of discipline. 307 It also provides that an inmate can
appeal a disciplinary decision by submitting an Inmate Request Form and explaining the reason
for the appeal. 308
I. Staff-Detainee Communication/ICE Presence at the Facility
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.” 309 The
Standards require that scheduled weekly visits be conducted by ICE personnel and that “regular
unannounced (not scheduled) visits” be conducted by the ICE OIC, the Assistant OIC, and
designated department heads. 310 Unannounced visits to the facility’s housing areas must be
conducted on a regular basis—weekly at SPCs and CDFs. 311 The purpose of such visits is to
monitor housing conditions, interview detainees, review records, and answer questions for
detainees who do not comprehend the immigration removal process. 312 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)
302

DOM Security and Control, Disciplinary Policy, Section III.L.

303

DOM Security and Control, Disciplinary Policy, Section III.A.5.

304

Handbook, “Inmate Discipline.”

305

Handbook, “Inmate Discipline.”

306

Handbook, “Rules and Disciplinary Penalties.”

307

Handbook, “Rules and Disciplinary Penalties.”

308

Handbook, “Discipline Appeal Process.”

309

DOM Detainee Services, Staff-Detainee Communication, Section I.

310

DOM Detainee Services, Staff-Detainee Communication, Section III.A.

311

DOM Detainee Services, Staff-Detainee Communication, Section III.A.1.

312

DOM Detainee Services, Staff-Detainee Communication, Section III.A.

without reading, altering, or delay.” 313 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.” 314 The Standards suggest that
detainee requests be forwarded to the appropriate ICE office within seventy-two hours and
“answered as soon as possible or practicable, but not later than seventy-two hours from receiving
the request.” 315
LPTF does not meet this section of the Standards: there are no unscheduled ICE
visits and the LPTF Handbook contains no information about direct communication with
ICE staff. According to ICE personnel, an ICE representative visits the units housing federal
detainees weekly to answer questions and address any grievances, requests, or concerns that
detainees may have. 316 However, the Handbook does not provide that detainees can submit
written questions, requests, or concerns to ICE staff, nor does it outline the procedures for doing
so. 317 The ICE visitation schedule is posted in the recreation area of each unit. 318 An ICE
representative is scheduled to visit LPTF every Wednesday except for holidays. 319 The ICE
representative arrives at 9 a.m. to accept requests from detainees and visits the requesting
detainees’ units starting at 10 a.m. 320 According to ICE officials, detainees’ requests are usually
addressed on the same day they are made. 321
One detainee confirmed that ICE visits once a week to meet with the federal detainees
and discuss any problems the detainees might have. 322 The detainee stated that the ICE
representative will only meet with detainees who have previously filed a request form. 323 This
detainee has wanted to discuss his problems with the ICE representative but is too scared to file a
request form for fear of retaliation from the county inmates. 324 The detainee did write a letter to
the District Director of ICE, saying that he was concerned for his safety due to
b6, b7C
being housed with the county inmates. 325 At the time of the delegation visit, two weeks had
passed since he sent the letter, but he indicated that he had not yet received a response. 326
313

DOM Detainee Services, Staff-Detainee Communication, Section III.B.

314

DOM Detainee Services, Staff-Detainee Communication, Section III.B.

315

DOM Detainee Services, Staff-Detainee Communication, Section III.B.1.

316

Notes of delegation member

317

Detainee Handbook; observations of delegation.

318

Notes of delegation member

, on conversation with Supervisor

319

Notes of delegation member

, on conversation with Supervisor

320

Notes of delegation member

, on conversation with Supervisor

321

Notes of delegation member

, on conversation with Supervisor

322

Notes of delegation member

323

Notes of delegation member

, on conversation with detainee

324

Notes of delegation member

, on conversation with detainee

325

Notes of delegation member

, on conversation with detainee

326

Notes of delegation member

, on conversation with detainee

, on conversation with Supervisor

b6, b7C

, on conversation with detainee

b6, b7C

J. Religious Practices
The Standards require that detainees of different religious beliefs be provided with
reasonable and equitable opportunities to participate in the practices of their respective faiths. 327
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.” 328 Moreover, a facility’s staff shall make “all reasonable
efforts to accommodate” special food services required by a detainee’s particular religion. 329
Detainees in confinement must also be permitted to participate in religious practices, consistent
with the safety, security, and orderly operation of the facility. 330
LPTF does not fully meet this section of the Standards: religious dietary requests
are denied when there is a medical dietary requirement. LPTF has two chaplains on staff,
and volunteer chaplains regularly perform Sunday services in the Multipurpose Room. 331
However, one detainee stated that individuals in D Pod (which houses violent inmates) are
denied access to church. 332 Another detainee with dietary restrictions—religious veganism and
medical restrictions—indicated that LPTF no longer accommodates his veganism. 333 The
detainee said that for a while he was getting a diet that met both his medical and his religious
restrictions, but recently LPTF stopped giving him a vegan diet, and told him that both
restrictions could not be accommodated simultaneously. 334 The Handbook states, “medical
changes to your diet will remove you from religious diet eligibility.” 335
K. Detainee Transfer
When transferring a detainee, the Standards require ICE to take into consideration
whether a detainee is represented before the immigration court, and the location of the attorney
and the court. 336 The Standards require ICE to notify a detainee’s legal representative of record
that the detainee is being transferred. 337 Indigent detainees will be permitted to make a single
domestic telephone call at government expense upon arrival at their final destination; non327

DOM Detainee Services, Religious Practices, Section I.

328

DOM Detainee Services, Religious Practices, Section I.

329

DOM Detainee Services, Religious Practices, Section III.M.

330

DOM Detainee Services, Religious Practices, Section III.O.

331

b6
Notes of delegation member
, on conversation with Sergeant
b6
member
, on conversation with Lieutenant b6, b7C .

332

Notes of delegation member

333

Notes of delegation member

, on conversation with detainee

b6, b7C

on conversation with detainee
b6

; notes of delegation

.
b6, b7C

334

Notes of delegation member

335

Handbook, “Inmate Meals.”

336

DOM Detainee Security and Control, Detainee Transfers, Section I.

337

DOM Detainee Security and Control, Detainee Transfers, Section III.A.

on conversation with detainee

indigent detainees must have access to make telephone calls at their own expense. 338 Records
including the detainee’s Alien File (“A-file”) and health records (or transfer summary for
IGSAs) must accompany the detainee. 339 Prior to transfer, medical personnel must provide the
transporting officers with instructions and any applicable medications for the detainee’s care;
medications must be turned over to an officer at the receiving field office. 340 A detainee’s legal
materials, cash, and small valuables shall always accompany the detainee to the receiving
facility; larger items may be shipped. 341
LPTF substantially meets this section of the Standards: however, LPTF does not
contact a detainee’s attorney upon transfer. Attorneys are not notified if their client is
transferred from LPTF; they have to call the facility to determine if their client is still at LPTF or
wait for their client to call from the new facility. 342 According to one detainee, he was permitted
to make phone calls to family members, friends, and his attorney after he arrived at LPTF and
was settled in housing. 343 LPTF officers indicated that medications and medical records are
transferred to the new facility at the time the detainee is transferred. 344
One detainee informed us that upon his transfer to LPTF in September 2007, a large sack
with clothes and other personal belongings sent to him by his wife never arrived. 345 The
detainee has attempted to track down his belongings with ICE officers in San Francisco, and has
filed a claim for the value of the lost belongings, but thus far he has heard nothing regarding the
status of his possessions. 346
IV. CONCLUSION
LPTF meets the requirements of several of the ICE Detention Standards but fails to meet
a number of others.
LPTF should ensure that the Handbook is translated into Spanish and other commonly
spoken languages among detainees. The Handbook should be modified to include the following
information required by the Standards: details about law library access and the procedure for
requesting legal reference materials not maintained in the law library; information about the
procedures governing the sending and receipt of special and regular correspondence as well as
instructions for obtaining writing implements, paper, envelopes, and postage; a description of
classification levels and restrictions applicable to each level, and information about detainees’
338

DOM Detainee Security and Control, Detainee Transfers, Sections III.G.

339

DOM Detainee Security and Control, Detainee Transfers, Sections III.D.1 & III.D.6.

340

DOM Detainee Security and Control, Detainee Transfers, Section III.D.D [sic].

341

DOM Detainee Security and Control, Detainee Transfers, Sections III.E.

342

Notes of delegation member

343

Notes of delegation member

344

Notes of delegation member

345

Notes of delegation member

346

, on conversation with Lieutenant
b6

, on conversation with detainee
, on conversation with Lieutenant

b6, b7C
b6, b7C

on conversation with detainee
b6

Notes of delegation member

b6, b7C

.
b6, b7C

on conversation with detainee

ability to submit written questions, concerns, and requests to ICE staff and the procedures for
doing so. Finally, LPTF should modify the information contained in the Handbook regarding the
reading and searching of mail to bring it into compliance with the Standards.
LPTF should not record or monitor legal phone calls (absent a court order). Because
phone calls are regularly monitored, LPTF should provide detainees with the procedure for
obtaining unmonitored call for legal purposes. Furthermore, LPTF should establish privacy
safeguards for legal calls, such as providing partitions around the phones. LPTF should
implement a system for delivering incoming phone messages to detainees in a timely manner.
With respect to calls to free legal service providers, LPTF should update its list of preprogrammed free telephone options so that it is consistent with the ICE-provided list of free legal
service providers. Finally, LPTF should ensure that it posts all the numbers on the ICE/DRO
provided free legal service provider list.
Finally, although LPTF has made significant improvements with respect to the provision
of legal materials and computer access, the facility should make the “Know Your Rights” video
available to inmates.

ICE Standard*

Delegation Report

Source

Standard 17, Visitation
III.H.1. The facility shall establish a visiting schedule based
on the detainee population and the demand for visits. Visits
shall be permitted during set hours on Saturdays, Sundays,
and holidays. To the extent practicable, the facility shall
accommodate the scheduling needs of visitors for whom
weekends and holidays pose a hardship.
Standard 16, Telephone Access
I. Facilities holding [ICE] detainees shall permit them to
have reasonable and equitable access to telephones.



Detainees are only permitted visits on one day
per week; those with last names beginning with
N-Z are only permitted to have visitors on
Mondays. (p.7 ¶1)

Detainee Handbook
“Visiting”



Detainee reports that requests for scheduling
accommodations are not honored. (p.7 ¶2)
There is no regular inspection policy for phones;
detainees complain to officers when the phones
do not work. (p.8 ¶2)

Detainee



Detainee reports that the phone system is not
reliable and often disconnects calls. (p.8 ¶3)

Detainee



Detainees are not able to make free direct calls to
most of the organization listed on the ICE/DRO
approved legal service provider list. (p. 9 ¶2)

Delegation observations



A detainee stated that the telephone lists often
fall off the wall or are removed by individuals
housed in the units, and are not replaced until an
outside group tours the facility. (p.9 ¶2).

b6, b7C

ABA Commission on Immigration - Detention Standards Implementation Initiative

Detainee
b6, b7C

III.B. As described in the “General Provisions” standard,
the facility shall provide telephone access rules in writing
to each detainee upon admittance, and also shall post these
rules where detainees may easily see them.

Sergeant
Lieutenant

b6, b7C

III.D. The facility shall maintain detainee telephones in
proper working order. Appropriate facility staff shall
inspect the telephones regularly…promptly report out-oforder telephones to the repair service, and ensure that
required repairs are completed quickly.
Standard 16, Telephone Access
III.E. …[T]he facility shall permit the detainee to make
direct calls: 1. to the local immigration court and the
Board of Immigration Appeals; …3. to consular officials;
4. to legal service providers…. 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.



ICE
Response

b6, b7C b6, b7C
b6, b7C

Facility Name: LERDO PRE-TRIAL FACILITY, Bakersfield, CA
Date of Tour: September 25, 2008
Tour Participants: Attorneys from Latham & Watkins LLP, including
,
,
,
, and
.
*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.

b6, b7C

Detainee
Detainee

Standard 16, Telephone Access
III.J. The facility shall ensure privacy for detainees’
telephone calls regarding legal matters. For this purpose,
the facility shall provide a reasonable number of
telephones on which detainees can make such calls without
being overheard by officers, other staff or other detainees.
Facility staff shall not electronically monitor detainee
telephone calls on their legal matters, absent a court order.
Standard 1, Access to Legal Material
III.Q. The detainee handbook or equivalent, shall provide
detainees with the rules and procedures governing access to
legal materials, including the following information: 1. that a
law library is available for detainee use; 2. the scheduled hours
of access to the law library; 3. the procedure for requesting
access to the law library; 4. the procedure for requesting
additional time in the law library (beyond the 5 hours per week
minimum); 5. the procedure for requesting legal reference
materials not maintained in the law library; and 6. the
procedure for notifying a designated employee that library
material is missing or damaged. These policies and
procedures shall also be posted in the law library along with a
list of the law library's holdings.
Standard 9, Group Presentations on Legal Rights
III.I. The facility shall play [ICE]-approved videotaped
presentations on legal rights, at the request of outside
organizations. … The facility shall provide regular
opportunities for detainees in the general population to
view the videotape.



Detainees are not able to make private telephone
calls; there are no privacy safeguards or
partitions between telephones. (p.10 ¶1)

Delegation observations



All calls are electronically monitored, with no
mechanism for detainees to alert officers that the
call is privileged communication, either to have
the recording terminated or deleted. (p.10 ¶1)
The Detainee Handbook does not include
information on the following: that detainees are
allowed at least five hours in the library per week,
the procedure for requesting additional time in the
library, information about scheduled hours, or the
method for requesting additional legal materials.
(p.16 ¶1)

Sergeant



The rules and procedures for the library, and a list
of the library’s hard copy holdings are not posted in
the library. (p.16 ¶1)

Delegation observations



Detainees do not have an opportunity to view a
videotaped legal rights presentation because the
facility has a VHS copy of the presentation, but
only has the equipment to show DVD
presentations. (p.17 ¶1)

Lieutenant

ABA Commission on Immigration - Detention Standards Implementation Initiative

Detainee Handbook,
“Law Library”

b6, b7C



b6, b7C

Detainees reported problems with receiving
messages. (p.10 ¶3)

b6, b7C



b6, b7C

Standard 16, Telephone Access
III.I. The facility shall take and deliver telephone messages to
detainees as promptly as possible.

b6, b7C



The Detainee Handbook does not provide the
following information: 1) “the definition of special
correspondence, including instructions on the proper
labeling for special correspondence and a statement
that it is the detainee’s responsibility to inform
senders of special mail of the labeling requirement”;
2) the fact that identity documents, such as
passports and birth certificates, are contraband and
may be rejected by the facility; 3) instructions about
“how to obtain writing implements, paper, and
envelopes”; and 4) “the procedure for purchasing
postage (if any), and the rules for providing indigent
and certain other detainees free postage.” (p.18 ¶4)

Detainee Handbook,
“Correspondence/Mail”

III.E. All facilities shall implement procedures for inspecting
special correspondence for contraband. Any such inspection
shall be in the presence of the detainee.



The Detainee Handbook does not require that the
detainee be present during the search of legal mail,
although no reports of actual searches outside of
detainees’ presence were reported. (p.19 ¶2)
The Detainee Handbook is only available in
English. (p.20 ¶2)

Detainee Handbook,
“Correspondence/Mail”

The Detainee Handbook does not advise detainees
of their right to protection from personal abuse,
corporal punishment, unnecessary or excessive use
of force, personal injury, disease, property damage,
and harassment, or their right of freedom from
discrimination based on race, religion, national
origin, sex, handicap, or political beliefs. (p.20 ¶3)

Detainee Handbook,
Delegation observations

Standard 6, Detainee Handbook
III.E. The handbook will be written in English and translated
into Spanish and, if appropriate, into the next most-prevalent
language(s) among the facility's detainees.
10. Standard 5, Disciplinary Policy
III.A.5. …[T]he handbook shall advise detainees of the
following: a. The right to protection from personal abuse,
corporal punishment, unnecessary or excessive use of force,
personal injury, disease, property damage, and harassment; b.
The right of freedom from discrimination based on race,
religion, national origin, sex, handicap, or political beliefs; c.
The right to pursue a grievance in accordance with written
procedures (provided in the handbook).



ABA Commission on Immigration - Detention Standards Implementation Initiative

Lieutenant
Sergeant

b6, b7C
b6, b7C

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: 1. That a detainee may
receive mail, … and instructions on how envelopes should be
addressed; … 4. That [incoming] special correspondence may
only be opened in the detainee’s presence, and may be
inspected for contraband, but not read; … 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… passports, birth certificates, etc.,
are contraband…. 8. How to obtain writing implements, paper,
and envelopes; and 9. The procedure for purchasing postage
(if any), and the rules for providing indigent and certain other
detainees free postage ….

and

b6, b7C



A detainee reported that he did not receive an initial
dental screening exam, but rather a brief health
questionnaire. (p.23 ¶2)

Detainee



A detainee stated that it took three months to obtain
treatment for a sore tooth. (p.23 ¶2)

Detainee

12. Standard 13, Recreation
III.B.1. If outdoor recreation is available at the facility, each
detainee shall have access for at least one hour daily, at a
reasonable time of day, five days a week, weather permitting.



LPTF detainees are on a rotational schedule for
access to a single outdoor recreational area; each
inmate is given three hours of outdoor recreation per
week. (p.23 ¶1)

Lieutenant



The only exercise equipment available consists of a
single basketball net, limiting detainee choices for
cardiovascular exercise. (p.23 ¶2)
The Handbook describes the elements included in a
classification determination, but it does not explain
the color-based classifications or the ramifications
of being placed in any specific group. (p.24 ¶3)

Delegation observations



The handbook does not provide information
about the grievance appeals process. (p.26 ¶2)

Detainee Handbook,
“Inmate Grievance
Process”



Detainees expressed fear of being placed in
administrative segregation if they utilized the
grievance procedure. (p.27 ¶1)

Detainees



Detainee complained that officers destroyed his
grievance form and threatened to house him with
gang members for complaining. (p.27 ¶1)

Detainee

b6, b7C
b6, b7C

b6, b7C

and

b6, b7C

ABA Commission on Immigration - Detention Standards Implementation Initiative

Detainee Handbook,
“Classification”

b6, b7C

III. D. Staff will not harass, discipline, punish, or otherwise
retaliate against a detainee lodging a complaint. However,
if an individual establishes a pattern of filing nuisance
complaints or otherwise abusing the grievance system,
staff may refuse to process subsequent complaints.



b6, b7C

13. Standard 4, Detainee Classification System
III.I. The detainee handbook’s section on classification will
include…1. [a]n explanation of the classification levels, with
the conditions and restrictions applicable to each. 2. the
procedures by which a detainee may appeal his/her
classification.
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 …

b6, b7C

III.G.1. Exercise areas will offer a variety of fixed and
movable equipment…

b6, b7C

11. Standard 2, Medical Care
III.A. Every facility will provide its detainee population with
initial medical screening, cost-effective primary medical care,
and emergency care.
III.E. Dental Treatment. An initial dental screening exam
should be performed within 14 days of the detainee’s arrival.

b6, b7C



ICE officials do not conduct unscheduled visits to
the facility. An ICE official visits the facility
every Wednesday at 9 a.m. (p.29 ¶2)

Supervisor

III.B … 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,
including the availability of assistance in preparing the
request.
16. Standard 14, Religious Practices
I. Detainees of different religious beliefs will be provided
reasonable and equitable opportunities to participate in the
practices of their respective faiths.
M. When a detainee’s religion requires special food services,
either daily or during certain holy days or periods that involve
fasting, restricted diets, etc., staff will make all reasonable
efforts to accommodate them. This will require, among other
things, modifying menus to exclude certain foods or food
combinations, providing meals at unusual hours, etc.
O. Detainees in the Special Management Unit (administrative,
disciplinary, or protective custody) shall be permitted to
participate in religious practices, consistent with the safety,
security, and orderly operation of the facility.
17. Security and Control Standard 4, Detainee Transfers
I. In deciding whether to transfer a detainee, ICE will take into
consideration whether the detainee is represented before the
immigration court.
III.A.1. ICE shall notify the detainee’s representative of record
that the detainee is being transferred ….



The handbook does not address procedures for
communicating with ICE staff. (p.29 ¶2)

Detainee Handbook



A detainee stated that medical restrictions to his diet
removed him from “religious diet eligibility,” this is
LPTF policy according to the Detainee Handbook.
(p.30 ¶2)

Detainee
;
Detainee Handbook,
“Inmate Meals”



The facility does not advise the detainees’ attorneys
of their transfer. (p.31 ¶2)

Lieutenant

b6, b7C

ABA Commission on Immigration - Detention Standards Implementation Initiative

b6, b7C

15. Standard 15, Staff-Detainee Communication.
III.A.I. Policy and procedures shall be in place to ensure
and document that ICE [officials] conduct regular
unannounced (not scheduled) visits to the facility’s living
and activity areas to encourage informal communication
between staff and detainees and informally observe living
and working conditions…

KER COUNTY
SHERIFF'S OFFICE

LERDO PRE-TRIAL
FACILITY
FEDERAL INMATE
ORIENTATION HAND BOOK

The Lerdo Pretrial facility is located at 17695 Industrial
Farm Rd, Bakersfield, Ca. 93308. The facility has seven
pods which consist of general population, protective
custody, administrative segregation and high·risk
inmates. The facility has on·duty medical and psych
staff, an infirmary, and legal library services.

SMOKING IS NOT PERMITTED AT
THIS FACILITY.
ADMINISTRATIVE
BASIC DETAINEE RESPONSIBILITIES
1. FOLLOW & OBEY RULES, LAWS, POLICIES &
PROCEDURES
2. OBEY ALL ORDERS GIVEN BY STAFF MEMBERS AND
SECURITY PERSONNEL.
3. RESPECT STAFF AND OTHER INMATES AT ALL TIMES.
4. RESPECT GOVERNMENT PROPERTY AND THE
PROPERTY OF OTHERS.
5. KEEP YOURSELF, YOUR CLOTHING AND YOUR LIVING
AREA CLEAN AT ALL TIMES.
6. OBEY ALL SANITATION RULES, POLICIES AND
PROCEDURES.
ICE DETAINEES ONLY:

ELIGIBLE, YOU HAVE THE RIGHT TO BE RELEASED
ON BOND UNTIL YOUR SCHEDULED HEARING.

You are responsible to seek methods of
payment for your bond.

RIGHT TO APPLY FOR POLITICAL ASYLUM IF YOU
BELIEVE THAT YOU WILL BE PERSECUTED BECAUSE
OF RACE, RELIGION, NATIONALITY, MEMBERSHIP IN A
SOCIAL GROUP OR POLITICAL OPINION.

You are responsible to prepare and
submit proper forms accurately.
7. RIGHT TO REQUEST VOLUNTARY DEPARTURE, IF
STATUTORILY ELIGIBLE, PRIOR TO A HEARING, BUT IF
YOU REQUEST VOLUNTARY DEPARTURE YOU WAIVE
THAT RIGHT TO A HEARING.

You are responsible to inform an ICE
officer that you request voluntary departure.

Following Instructions: You will listen to and
obey any announcements, InstrUctions, or
orders.
Inmates may retain the following items in their
cells: Commissary, (10) letters, (2) books, (2)
periodicals and (1) newspaper. Inmates may
also have legal mall, as long as it doesn't
create a fire hazard. No items are to be hung on
the cell walls, windows or beds. Pictures are
prohibited.

1. RIGHT TO UNRESTRICTED, CONFIDENTIAL ACCESS
TO THE COURTS BY CORRESPONDENCE.

You are responsible to present honestly and
fairly your petitions, questions, and problems to
the court.

RIGHT TO LEGAL COUNSEL OF YOUR CHOICE BY
MEANS OF INTERVIEWS AND CORRESPONDENCE AT
NO COST TO THE U.S. GOVERNMENT.

You are responsible to obtain the services
of on attorney k)II&$tly :.in" rairly.
3.

RIGHT TO USE OF THE LAW LIBRARY REFERENCE
MATERIALS AND TO RECEIVE HELP FROM LEGAL
ASSISTANCE PROGRAM.

You are responsible to use these resources
and respect the rights of others in use of
the materials.
4. RIGHT TO ADMINISTRATIVE HEARING BEFORE AN
IMMIGRATION JUDGE TO DETERMINE YOUR STATUS.

You are responsible to seek and provide
evidence for your defense.

IF YOU ARE NOT AN EXCLUSION CASE AND ARE

INMATE CLOTHING I BEDDING ISSUE
All newly arriving prisoners that are to be housed
at Lerdo Pre-Trial, except those on suicide watch,
will be issued the following items of clothing and
bedding:
• two (2) pants
• two (2) shirts
. ::\lVO

(2)

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• one (1) bra (female)
• two socks (2-pajrs)
• one (1) pair of shoes
• one (1 )pair shower shoes
• one (1) towel
• two (2)sheets
• one (1)blanket
You will not be allowed to keep any personal
property except legal paperwork. (If you have
money, it will be added to your inmate trust fund
account.)

RELEASE OF INFORMATION
Sheriffs Office personnel will cooperate with the
news media, public or other governmental
agencies, but will release authorized information
only. Information about movement of inmates or
facility security procedures will not be released.
Upon request, personnel may release the
inmate's:
•
Name and booking number
•
Charges and bail amount (if bail is set)
•
Arresting agency
•
Date and time of arrest and booking
•
Court date and/or scheduled release date
•
Sentence
If the inmate is not currently in custody, staff may
release the person's:
• Name
• Date of release (only with booking number)
• Method of release (Bail, citation, etc.)
All other requests for information regarding
individual inmates will be referred to the Kern
County Sheriffs Office Arrest Records Section.

REQUESTS FOR INFORMATION
Any questions regarding the jail or services
available should be in writing on an Inmate
Request Form provided by jail staff. Once
completed, return the request slip to the floor
officer. Answers to the questions will be made
as soon as practical. Allow enough time for a
response before you submit another request for
the same information.

permitted. Disruptions during counts may result in
lockdowns being initiated.
VISITING
Visiting regulations will be posted in a place
accessible to the inmates and to the public.
Anyone not following these regulations may
lose their visitation privileges. All visitors shall
register at the reception counter, with vatid
identification. Valid 1.0. may be a government
issued driver'S license or identification card,
military issued I. D. card or a valid passport.
Visitors must be appropriately dressed (no tube
tops, tank tops, midriff and/or low cut blouses, or
short shorts or mini skirts, and must wear shoes).
No cell phones, cameras, purses, pictures, or
paperwork are allowed. Babies are allowed to
have one diaper, blanket, and a bottle. Small
children must be supervised at all times.
Inmates are allowed (2) thirty minute visits per
week. Visiting hours are:
Saturday and Sunday: 8:00 AM to 2:00 PM
Monday'S:

11:00 AM to 2:00 PM &
6:00 PM to 9:00 PM

The visiting week will begin on Sunday and will
end on Saturday.
Inmates with the last name beginning with "A"
through "F" will visit on Saturdays.
Inmates with the last name beginning with "G"
through "M" will visit on Sundays.
Inmates with the last name beginning with "N"
through HZ" will visit on Mondays.

INMATE COUNT
You will be instructed when and where to line up
for count. Count is conducted at lockdown
(10:00pm), at shift change in the morning
and in the evening, and at each meal pass.
Inmates must follow the directions of the pod
officer. During count, no movement or talking is

MARRIAGE REQUESTS
Detainees that are interested in getting married
must submit their request to the Federal Liaison
Sergeant. Requests need to be submitted on an
Inmate Request Slip. Marriage requests will be
reviewed on a case-by-case basis.

\)RRESPONDENCE I MAIL
Ijail may be read for security purposes. All
.utgoing mail must have the inmates return
fddress, including housing location and booking
)umber. Incoming mail must have the sender's
eturn address. Unacceptable items sent in the
nail will be returned to the sender. These items
nclude personal checks, stamps, blank "aper,
rood 1('::,1,::', po ,u,vS v, VUf.JIt;;;, vi 1-; '''''''';;', j, 'u.J,G... ,
Jreeting cards, books or magazines not sent from
:he publisher, or any item deemed to be a health or
3ecurity risk.

LAUNDRY
Ctean clothing/bedding exchange is conducted
once each week. All items may be exchanged at
tf1at time. It is a "one-for-one" exchange. If you are
absent during laundry pass, (court, medical
apPOintment, etc.) you may submit a request slip to
your floor officer for clean laundry.
1-'./\ IP.

(" 1\ p~

Inmates are allowed to send or receive an
Jnlimited amount of mail to or from any person,
neluding other inmates of the Kern County
Sheriffs Office. All mail will be searched for
:ontraband. Pornographic materials, packages,
;?ictures and gang related items are not allowed.
Magazines (2), newspapers (1) or books (2) must
be shipped directly from the publisher. Excess
books, magazines, and newspapers will be
removed from the housing area.

Inmates will be allowed to receive hair care
services once a month, unless there is a specific
court order to the contrary. Inmates may not give
or receive hair cuts from each other. Hair care
services will be conducted on Saturday and
Sunday. All hair care equipment shared among
inmates will be sterilized before and after each
use. Disciplinary isolation inmates will not receive
Inmates confined to the
hair care services.
Infirmary will be allowed hair care services with the
approval of the medical staff. Disposable razors
may be purchased from commissary for the
maintenance of facial hair. Inmates may shave,
prior to court, in their own cell.

LEGAL MAIL

ACCESS TO COUNSEL

1\11 inmates are entitled to send and receive legal
mail. Legal mail is not read and it is searched in
the presence of the inmate. If an inmate does not
have money, they will be provided stationary and
postage for any legitimate legal mailings.

Attorneys and their representatives shall have
unlimited visitation. Every effort will be made to
allow attorney visits at any time and in a timely
manner. Denial of attorney visits will only occur
when there are special circumstances that warrant
the denial. Attorneys shall register the date and
time of the visit with the visiting clerk. Visiting
begins at 0530 hours.

BOOKS, NEWSPAPERS AND PERIODICALS
Inmates will be allowed access to books and
Disciplinary
periodicals from the library cart.
isolation inmates will be denied library
privileges.
Books and periodicals may be
accepted by the facility as donations from civic
groups. Those books become the property of the
Detention Bureau. Inflammatory literature that may
incite misbehavior or criminal activity within the
facility is unauthorized material and will not be
allowed in the library.
Library books and
periodicals will be distributed every Saturday
between 0700 and 1500hrs.

RELIGIOUS OBSERVANCES
Religious services will be provided under the
direction of the Bureau Chaplain, to meet the
spiritual needs of inmates. The inmate's freedom
of religion, both to participate or to abstain will be
protected. If desired, inmates may make
arrangements through the Bureau Chaplain for
individual visits from the clergy of their choice.
Chaplain services include assistance with
personal problems and family troubles. Bibles
and religious reading materials are available if
you wish.

Services are conducted at the Lerdo Pre-Trial
Facility for general population male inmates on
Sunday mornings from 8:00-8:45 and 9:00-9:45.
Female general population inmates are from
10:00-10:45. Inmates in administrative
segregation or on disciplinary isolation will not be
allowed to attend church.

ICE Detainees Only:
Consular phone numbers are posted on the wall
next to the phones. Read the instructions and
follow the prompts on the phone. Detainees will not
be charged for these calls.

ACCESS TO TELEPHONE

Inmates who are not under disciplinary isolation
and who do not pose a security risk to the facility,
staff, or other inmates, will be allowed a minimum
of three hours of outdoor exercise and recreation
each week, according to a facility schedule.
Inmates housed in the infirmary, who have been
medically cleared, will be allowed access to the
exercise yard. PartiCipation in outdoor exercise
and recreation by inmates is voluntary.

Inmates will be allowed access to telephones from
approximately 0600 to 2200 hours each day,
except during periods of lockdown, facility
emergencies, and meals. The phones will be
activated each morning after the morning meal
cleanup is completed. There are two phones
located in each unit. Be respectful of others by not
tying up the phone lines when phone calls are in
high demand. Disciplinary isolation inmates will
not be aI/owed access to phones.
All phone calls made from the pod phones will be
collect. No incoming call can be received on
these phones. The Kern County Sheriff's
Department assumes no responsibility for costs
incurred by those persons who accepted collect
calls from prisoners. If you have money on your
books, debit phone cards may be purchased from
commissary. All phone calls are recorded with the
exception of legal phone calls. In case of an
emergency, a request slip needs to be filled out
and forwarded to the Federal Liason Sergeant for
review.
This inmate right may be suspended as a result
of discipline.
Inmates may also be prevented
from using the phones during certain hours of the
day such as in emergency incidents or when
necessary to maintain security of the facility.
-

If the phones are damaged or destroyed, a
substantial delay in the repair or replacement can
be expected. Remember: Use of the telephone is
a privilege. Failure to use common sense can
result in the loss of that privilege.

EXERCISE AND RECREATION

LIVING CONDITIONS I SANITATION
You are required to keep your bed and immediate
area neat and clean. The hanging of sheets,
towels, blankets or clothing from clotheslines,
overhead lights, vents or beds is not permitted, nor
are you allowed to attach items to the cell walls.
Television and games are provided in each
housing unit and are located in the dayroom. You
have the option to read, write, draw, play games,
watch TV., shower, make phone calls, eat or sleep
while in your housing unit.
INSPECTIONS OF PERSONS AND PROPERTY
You are subject to search upon admission into the
facility when there is reasonable cause to believe
you may have contraband concealed on your
person. Routine unscheduled searches of the
facility and the detainee's person and property will
be conducted as deemed necessary.
REQUEST SLIPS
These are duplicate forms provided by the floor
officer and are to be used when you have a
question regarding security, laundry, claSSification,
diSCiplinary appeals, to sign up for classes or when
you have an issue to discuss with your agency.

Detainees are required to keep themselves clean
at all times and are required to wear a shirt, pants
and shoes while out of their cell. Altering jail
clothing will not be tolerated. Hats and/or other
head covers are not permitted. Pants will be worn
at a point about the waist that prevents the crease
of the buttocks from showing (despite the length of
the shirt). Detainees will not walk about the facility
with their hands in the waistbands of their pants,
regardless of weather conditions.

off the telephone, television or confining inmates to
their cell. Inmate workers must obey all rules
associated with their worker status. Facility rule
violations and resultant penalties are categorized
as:
Minor Rule Violation
Oral reprimand
Up to (4) days disciplinary isolation
Loss of up to (7) days "good time" credit per
Minor Rule Violation.
Transfer to a higher level of security

INMATE DISCIPLINE

Inmates are to keep their bedding and personal
items arranged so that staff can clearly view the
housing area.

DRESS CODE

Facility and personal items issued to inmates are
to remain in the possession of the inmate.

Failure to follow any rule of the Kern County
Sheriff's Office while In custody may result in
the administration of disciplinary action.
Un-sentenced inmates may have their disciplinary
file forwarded to the sentencing court with a
recommendation or a reduction in good time
credits. A copy of the disciplinary file may also be
forwarded to a State Prison or any county or city
jail, upon the Inmate's release from the Kern
County jail system.

Misuse of telephone privileges is prohibited.

FORMS OF DISCIPLINE

Unauthorized changing of television channels is
prohibited.

Any security staff member may initiate disciplinary
action against an inmate for violation of facility
rules.
Disciplinary action will take one or a
combination of the following forms, depending
upon the severity of the misconduct and the
inmate's past violations.
• Or"11 reorimar'1d
•
Loss of privileges
• Transfer to a higher level of security
•
Loss of "good time" or "work time" credit
•
Disciplinary isolation
•
Disciplinary Diet

RULES AND DISCIPLINARY PENALTIES
Inmates committing a minor rule violation may be
handled with informal discipline such as shutting

Inmates are allowed to possess only issued types
and authorized quantities of clothing and linen.
Inmates must behave in a dignified manner during
visiting.

Unauthorized communication between inmates is
prohibited.
Commissary items will not be modified or altered
in any way.
'r"' . . . . ~f-:". . ~ ,.,:II
of their cell.

..... ~ ~rc~>::""''''''

-:-,",..,A

:~ .. ~;~

..l,r
....

\.,h-."","! ,.., ~_,'.,.J •.,

Inmates must address staff by title and last name.
When being moved inside the facility, inmates
must proceed promptly as directed.
Inmates are to refrain from causing un-necessary
noise at all times.
Inmates must keep their housing areas clean at
all times.

Commission of a felony, misdemeanor, public
offense or violation of a city or county ordinance
could result in criminal prosecution.

the facility will be done only after prior approval
of Facility Medical Staff.
OBPPM Section H
CORRECTIONAL MENTAL HEALTH (CMH)

Destruction, damaging, defacing or theft of county
property will result in criminal prosecution
*SANCTIONS LISTED ABOVE ARE PER VIOLATION.

DISCIPLINARY HEARINGS
Inmate disCiplinary hearings will be conducted in
accordance with the guidelines established by the
California Code of Regulations, Title 15, Detention
Bureau Policies and Procedures and Lerdo PreTrial Policies and Procedures. Inmates who
receive a write-up for a rule violation will be notified
of the pending disciplinary hearing. They will have
the opportunity, if they wish, to postpone the
hearing for 24 hrs. in order to prepare a defense.
LIMITATIONS ON DISCIPLINE
All discipline will be as consistent as possible and
will be in compliance with Title 15.
The violation and findings are forwarded to a
DiSCiplinary Sanctioning Officer for assignment
of a discipline penalty.
DISCIPLINE APPEAL PROCESS
If the Inmate does not agree with the findings of the
hearing officer or the discipline penalty, they may
appeal the decision by submitting an Inmate
Request Form. Inmates must check the appeal box
and explain why they are appealing the write-up.

HEALTH CARE SERVICES
All inmates are entitled to receive medical, dental
and reproductive services. Inmates may ask their
housing officer for a Sick Call slip to be seen by
medical staff. Exams will be done in the facility
when possible. A private physiCian may, at any
time practical, treat or examine any inmate in the
custody of the Sheriff. It shall be the inmate's
responsibility to pay all costs that arise out of
treatment by a private physician Exams outside

Psychiatric services are provided to inmates in
the Kern County Jail System. CMH provides
inmates with assessment, psychiatric evaluations
and follow-up, crisis prevention, crisis counseling
medication monitoring and court ordered
psychiatric evaluations. Inmates may ask their
housing officer for a Sick Call slip to be seen by
Mental Health Staff. Hours of operation are from
7:00am to 5:00pm.

INMATE MEALS
Breakfast begins at 3:30 AM so that inmates may
be processed for court. Lunch is served at
approximately 9:00 AM and dinner is served at
approximately 3:30 PM. No pork is served.
Inmates must be up to be counted and to receive
their meal. Inmates away from their housing unit
during meals will receive a replacement meal
upon their return. Questions regarding your diet
should be addressed to the kitchen.
When you receive your food during chow pass,
go directly to a table and sit down. If you are
supposed to receive a special diet tray and you
don't get it, tell the officer. If an inmate requires a
special diet due to medical problems, it must be
approved by medical staff.
If an inmate requires a special diet due to
religious reasons, it must be cleared by the
chaplain. Complaints and grievances regarding
your religious diet should be addressed to the
kitchen. If you see the doctor and request a
change in your diet of any kind, you will be
removed from the religious diet. Medical changes
to your diet will remove you from religious diet
eligibility.

)

Inmates are to keep themselves clean at all
times.

No activity or behavior associated with any criminal
gang will be permitted.

Inmates are to keep, their housing areas clean at
all times.

Upon release, all county issued property must be
returned to staff

Serious Rule Violations
Oral reprimand
Loss of privileges
Up to (6) days of disciplinary isolation
Transfer to a higher level of security
Loss of up to (12) days "good time" credit per
Serious Rule Violation.

Unauthorized area - inmates are not to enter any
housing area not assigned to them.

Inmates must immediately obey all orders from
staff.
Inmates must identify themselves by full name
and booking number when asked to do so.
Inmates will not argue with staff, this includes
ancillary staff.

Inmates must keep their booking slip in their
possession until they are placed in a housing unit.
Inmates must wear their wristbands at all times.
Gambling of any type is not allowed.
Inmates are not allowed to smoke at any facility.

Inmates must yield to officers.
Inmates are not to give or receive a tattoo or
possess related paraphernalia.
Major Rule Violation
Oral Reprimand
Loss of privileges
Up to (30) days of disCiplinary isolation
Transfer to a higher level of security
Loss of up to (45) days or all "good time" credit
per Major Rule Violation
Loss of unearned work time
DisCiplinary diet
Prosecution

Inmates are expected to get along with other
inmates, fighting is not allowed.
Inmates must respect the ownership of other
inmate's property.

County documents are for official use only.

Inmates are not to alter or possess any item
capable of causing a safety or health hazard, to be
used as a weapon or to defeat security devices.

Inmates are allowed to possess only the type and
quantities of items authorized by the Sheriff. All

Inmates must avoid placing themselves
situations which encourage sexual activity

confiscated.
Inmates are to take all medications as directed by
medical staff.

Fires of any type are not allowed in the facility.

Sinks and toilets are to be used for their intended
purposes.
Inmates must follow orders of escorting officers
when outside the facility.
Lying will not be tolerated.

Inmates shall not tamper with any electrical or
mechanical device.
Inmates are not to engage in any activity which
may endanger staff or other inmates, jeopardize
security, or interfere with the smooth operation of
the facility.

If you are currently on a religious diet and you no
longer desire to remain on that diet, you can
contact the chaplain's office by submitting an
Inmate Request Form. Once you are removed
from the religious diet, your diet will be changed
to the regular general population diet.
NOTE: Once you request to be removed from St
religious diet, YOU will not be permitted any fUlther

purchase commissary, however; they will be given
a welfare commissary bag once each week.
Keefe will provide a schedule for commissary
distribution. Schedules will be distributed and
posted in the in the housing units of each pod.

POSSESSION OF EXCESSIVE COMMISSARY

!
'---',,_

_ , I~' 1 ' - _~

LAW LIBRARY

ICE inmates will be afforded reasonable access to
the Law Library. Typewriters and/or computers are
available for preparation of legal documents
ONLY. The typewriter/computer is !!Q! to be used
for personal correspondence. An Inmate Request
Form, requesting to go to the Law Library, is
required. U.S. Marshal and Bureau of Prisons
inmates will be afforded access to Legal Research
Associates. Up to five requests can be made per
60 days. You can request the form from the
Housing Unit Floor Officer. Upon completion, all
requests are to be given to the Housing Unit floor
officers. LPTPPM F~341
COMMISSARY

The Lerdo Pre~Trial Facility will provide inmate
commissary weekly through Keefe Commissary
Services. Commissary Request Forms will be
passed to the inmates the day before the
scheduled distribution of commissary.
Inmates will be allowed to purchase only those
items listed on the Commissary Request Form.
Any items possessed by an inmate in excess of the
limits indicated on the Commissary Request Form
are considered contraband. Such excess items will
be destroyed.
Indigent inmates will be supplied with welfare
commissary. Keefe will determine if an inmate is
eligible for welfare commissary. The indigent
inmate will write "welfare" on the commissary
request form when submitting a request for welfare
commissary. Indigent inmates are those with $3.00
or less in their inmate trust fund account.
Disciplinary isolation inmates will not be allowed to

Possession of a commissary item that is in excess
of the limits indicated on the Commissary Request
Form will be:
• Seized and destroyed
• DiSCiplinary action will be imposed against the
inmate for possession of contraband.

INMATE GRIEVANCE PROCESS

Any inmate may submit a formal written grievance
relating to any condition of confinement. Written
grievances will be answered as soon as practical,
not to exceed 10 days from the date of receipt
(unless accompanied by written justification for the
delay).

Inmates are encouraged to communicate with
housing staff to resolve grievance Issues
Informally prior to submitting a written
grievance. If an inmate cannot obtain an
Informal resolution, he/she may utilize the
formal, written grievance procedure. Facility
Staff will accept aU written grievances. There
will be no staff retaliation for filing/pursuing a
grievance.
If you have a question regarding the grievance
process, contact the floor officer.
• Grievances involving Medical issues will be
referred to the appropriate Medical authority.
• Grievances written on conditions occurring
outside the inmate's normal housing facility
will be forwarded to the-appropriate authority
where the grievance occurred.
• Supervisory Staff will act upon any grievance

ATTORNEY VISITS

If you have made an appointment with
an attorney, legal representative or
paralegal, it is your responsibility to
cancel the appointment if you do not
wish to keep it. We will not cancel
appointments on your behalf.

FEDERAL INMATE ADDRESSES

Federal Bureau of Prisons (BOP)

Attn: Community Corrections Mgr.
501 "I" Street, Suite 9-400
Sacramento, CA 95814
U.S. Marshal Service

TERMINAL ILLNESS/DEA TH

If you would like special documents
prepared in the event of a terminal
illness/death, you may have a private
attorney prepare the documents for
you. It is your responsibility to locate
an attorney that is specialized in this
field. We will not contact or arrange
visits on your behalf.

For further details, refer to the
inmate orientation video.

Eastern District (USM)
1130 "0" Street
U.S. Courthouse, Room 4210
Fresno, CA 93721
Immigration & Customs Enforcement
(ICE)

(Bakersfield Office)
800 Truxtun Ave., Suite #109
Bakersfield, CA 93301
Immigration & Customs Enforcement
(ICE)

(San Francisco Office)
630 Sansome Street
San Francisco, CA 94111
Department of Homeland Security
Office of the Inspector General
245 Murray Drive, SE
Building 410
Washington, DC 20538
(800) 323-8603

**Thls handbook supersedes the
National

{,)~ta;nee Handbn~k**

containing an allegation of staff misconduct.
• Inmates may submit a written appeal
regarding the outcome of the grievance to
the level of authority one step above the
officer answering the grievance. Any inmate
may submit an appeal to I,C.E. and forward it
to the facility Federal liaison officer.
Staff retaliation for submitting a grievance is
prohibited.
Inmates may submit a complaint about officer
misconduct with the Department of Homeland
Security by calling toll free 800-323-8603.
CONTRABAND
Items which are considered to be a detriment
to the safe and orderly operation of the facility,
are prohibited. Contraband items include, but
are not limited to:
a.

b.
c.
d.
e.

f.
g

Any dangerous drug, intoxicating liquor of
any kind, deadly weapons, dangerous
instruments, items used to create
fires or explosives, or any other article that
would endanger the preservation of order
in the facility.
Any item that could be used as an aide to
escape.
Any item which could be used to disguise or
alter the appearance of an inmate/detainee.
Any item altered from its original state or
design.
Any article of clothing or item for personal
use or consumption which has not been
cleared through medical staff or laundry.
Any item used to conceal the light fixtures,
vents, windows, faucets, etc.
Any item used to display clothing or to "fish"
for items from other inmates is prohibited.

CLASSIFICATION
All inmates are classified upon arrival. You will be
classified and properly assigned to housing units
and activities according to the following categories:
•
Prior history
•
Sex
•
Criminal Sophistication
•
Seriousness and type of crime charged
• Assaultive/non-assaultive behavior
• Gang affiliation
•
Mental and medical status
• Other criteria that will provide for the
safety of other inmates and staff and
maintenance of facility security.

Administrative Segregation:
•
•
•
•
•

Serious disruption in general population
Inmates that require additional physical
confines
Security/High Risk
Violent Behavior
Medical Observation

Disciplinary Segregation:
•

Have received a sanction by the
Disciplinary Panel for prohibited acts

CLASSIFICATION APPEALS
Inmates may have their classification reviewed
every thirty (30) days. In order to appeal your
classification level, submit a request Slip to
"Classification." Be sure to mark the "Appeal" box
followed by a written explanation for your appeal.
WORK PROGRAMS
There is not a voluntary work program, at this
facility, for Federal inmates/detainees.
PERSONAL HYGIENE
You will be living in a unit with other individuals, so
personal hygiene is essential. You are expected to
bathe regularly and keep your hair clean. Soap,
toothpaste, toothbrushes, combs and a razor will
be issued to you through a "Fish Kit." All items can
be ordered through Commissary.

NOTES: