Facility Name: McHENRY COUNTY ADULT CORRECTIONAL FACILITY, Woodstock, IL
Date of Tour: July 27, 2006
Tour Participants: Latham & Watkins LLP attorneys and summer associates Cindy Sobel, Matthew Pryor, Katherine Brown, Dan Glad, Robby Sen, and Sarah Tomkowiak.
*Standards are Detainee Services Standards unless otherwise indicated. Issues are generally listed in the order in which they appear in the Report.
Report comments in bold are priority issues for ICE-ABA discussion; others are issues of concern to discuss if time permits.

1.

Standard 17, Visitation
ƒ III.I.3.b. Upon presentation of a letter of authorization from the
legal representative under whose supervision he/she is working,
an unaccompanied legal assistant may meet with a detainee
during legal visitation hours.
ƒ III.O.5. Medical and/or psychological examination by a
practitioner or expert not associated with INS or the facility can
provide a detainee with information useful in administrative
proceedings …. Therefore, the Deputy Director will generally
approve examinations for such purposes, if the requested
examination would not present an unreasonable security risk.
ƒ III.I.9. Routine official counts shall not terminate attorney
visits.
Standard 17, Visitation
ƒ III.H. The facility’s written rules shall specify time limits for
visits: 30 minutes minimum, under normal conditions.
Standard 16, Telephone Access
ƒ III.A. The facility shall provide detainees with reasonable
access to telephones during established facility waking hours
….
ƒ III.F. The facility shall not restrict the number of calls a
detainee places to his/her legal representative, nor limit the
duration of such calls by rule or automatic cut-off, unless
necessary for security purposes or to maintain orderly and
fair access to telephones. If time limits are necessary for
such calls, they shall be no shorter than 20 minutes ….

ƒ

ƒ

Legal assistants may not meet with a
detainee unless an attorney is present, and
independent medical service providers or
other experts may not meet with a detainee
without a court order. (p4. ¶1)
Legal visitation is cut off at mealtime and
during head counts, and there is no
opportunity to resume the visit
afterwards. (p4. ¶2)

ƒ

Detainees may only have one 15-minute
non-legal visit per week. (p.6 ¶2)

ƒ

All telephone calls made by detainees are
automatically disconnected after 15
minutes. (p.7 ¶4)

ABA Commission on Immigration - Detention Standards Implementation Initiative

Source

ICE Response

Visitation
Schedule, Lt.
(b)(6), (b)(7)c

3.

Delegation Report

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

2.

ICE Standard*

10/24/2006

1

ƒ

5.

Standard 1, Access to Legal Material
ƒ III.C. The law library shall contain the materials listed in
Attachment A.

ƒ
ƒ

7.

Standard 9, Group Presentations on Legal Rights
ƒ
III.C. At least 48 hours before a scheduled presentation,
informational posters shall be prominently displayed in the
housing units, and each housing unit control officer will
hold a sign-up sheet.
ƒ
III.I. Videotaped presentations. The facility shall play INSapproved 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.

ƒ

ƒ

ƒ

ƒ

Detainees are not able to print anything
other than their own letters, briefs, and
filings, i.e., no case law, statutes, or codes
may be printed. (p.11 ¶¶3, 4)
Since detainees are unable to print and
retain relevant codes, statutes, and case
law, they do not have access to copies of
these legal materials. (p.14 ¶2)

Delegation
observations,

There is no posted notice of
presentations. Officers may provide
verbal notification, but detainees
reported not receiving verbal notification
from officers. (p.15 ¶2)
There is not a “Know Your Rights” video
available for detainees to view. (p.15 ¶2)

ABA Commission on Immigration - Detention Standards Implementation Initiative

Detainee

Id.

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

ƒ

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

8.

Standard 1, Access to Legal Material
ƒ
III.L. Unrepresented illiterate or non-English speaking
detainees who wish to pursue a legal claim related to their
immigration proceedings or detention and indicate difficulty
with the legal materials must be provided with more than
access to a set of English-language law books.
Standard 1, Access to Legal Material
ƒ
III.J. The facility shall ensure that detainees can obtain
photocopies of legal material, when such copies are
reasonable and necessary for a legal proceeding involving
the detainee. This may be accomplished by providing
detainees with access to a copier or by making copies upon
request.

Delegation
observations,

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

6.

Detainees are unable to make private
calls because the phones where they can
make outgoing calls are located in
community living areas with no privacy
safeguards. Detainees may have private
phone calls with their attorneys only if
the calls are initiated by the attorney,
and are set up in advance. (p.9 ¶3)
Detainees have access to LexisNexis, but no
hardbound legal resources are available.
(p.12 ¶5)
It is unclear whether the secondary
resources listed in Attachment A are
available; no summary of holdings or
resources was available for the delegations
review. (p.13 ¶1)
The law library does not contain any
materials written in Spanish. (p.13 ¶7)

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

Standard 16, Telephone Access
ƒ 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.

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

4.

10/24/2006

2

9.

ƒ

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

Officer
Detainee
Handbook,
(b)(6)

ABA Commission on Immigration - Detention Standards Implementation Initiative

Detainees
(b)(6)

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

ƒ

(b)(6)

ƒ

Several detainees raised concerns about the
quality of medical care and the
responsiveness of the medical staff at the
facility. (p.20 ¶1)
Detainees reported that they did not receive
a dental screening either upon arrival or
within the first four to six months of
detention. (p.21 ¶1)
Detainees stated that the toothbrushes and
toothpaste provided are inadequate for basic
oral sanitation, and that their written
grievances regarding these items have gone
unanswered. (p.21 ¶1)
ICE Officer
stated that there is no
procedure to appeal detainee classification,
although the Handbook indicates that there
is an appeal process. Detainees said they
did not know how to appeal to change their
classification. (p.24 ¶2)

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

ƒ

Delegation
observations, Lt.
(b)(6), (b)(7)c

ƒ

Detainee
Handbook, Lt.

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

ƒ

ƒ

12. Standard 4, Detainee Classification System
ƒ III.I. The detainee handbook’s section on classification will
include the following: 1. An 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.

The Detainee Handbook states that
“outgoing special correspondence will
not be opened, inspected, or read.”
However,
stated that outgoing
mail, including special correspondence, is
opened and inspected for contraband.
(p.16 ¶3)
McHenry only has indoor recreation
available. (p.17 ¶5)
Neither recreation room contains any fixed
or movable equipment. (p.18 ¶2)
There is no set schedule for use of either
recreation room; instead, detainees request
access for periods of one hour. However,
detainees report that this system leads to
inadequate access to recreation facilities, as
their requests are often denied. (p.18 ¶2)

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

10. Standard 13, Recreation
ƒ III.A. Every effort shall be made to place a detainee in a facility
that provides outdoor recreation. … All new or renegotiated
contracts and IGSAs will stipulate that INS detainees have
access to an outdoor recreation area.
ƒ 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.
ƒ III.B.2. If only indoor recreation is available, detainees shall
have access for at least one hour each day and shall have access
to natural light.
ƒ III.G. Exercise areas will offer a variety of fixed and movable
equipment.
11. Health Services Standard 2, Medical Care
ƒ I. All detainees shall have access to medical services that
promote detainee health and general well-being.
ƒ III.A. Every facility will provide its detainee population with
initial medical screening, cost-effective primary medical care,
and emergency care.
ƒ III.E. Dental Treatment. An initial dental screening exam should
be performed within 14 days of the detainee’s arrival.

ƒ

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

Standard 3, Correspondence and Other Mail
ƒ III.F. Inspection of Outgoing Correspondence and Other
Mail. Outgoing special correspondence will not be opened,
inspected, or read.

10/24/2006

3

Detainees gave mixed reports on the
responsiveness of staff to grievances, some
stating that their grievances have gone
unanswered. (p.21 ¶1)

ƒ

One detainee reported an incident of
excessive punishment when he was put in
segregation for three days for carrying
chapstick that he purchased at the
commissary back into the facility after
court. He did not receive a hearing or
written report for this violation, and says
he would have appealed the punishment,
but did not know how. (p.29 ¶3)
Detainees are not permitted to retain most
personal property, including religious
jewelry, sacred ornaments and religious
headwear. (p.30 ¶2)

Detainee

One detainee reported that she did not
receive a handbook upon arrival or during
her subsequent time at the facility. (p.34 ¶2)
There is currently no Spanish version of the
handbook available to detainees. (p.34 ¶2)

Detaine

ƒ

ABA Commission on Immigration - Detention Standards Implementation Initiative

Officer

detainee

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

ƒ

(b)(6)

ƒ

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

15. Standard 14, Religious Practices
ƒ III. K. Detainees shall have access to personal religious
property, consistent with facility security. Detainee religious
property includes … rosaries and prayer beads, oils, prayer rugs
…. A detainee ordinarily shall be allowed to wear or use
personal religious items during religious services …. Religious
headwear … is permitted in all areas of the facility, subject to
the normal considerations of security and good order ….
16. Standard 6, Detainee Handbook
ƒ I. Every OIC will develop a site-specific detainee handbook to
serve as an overview of … the detention policies, rules, and
procedures in effect at the facility. … Every detainee will
receive a copy of this handbook upon admission to the facility.
ƒ 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….

ƒ

(b)(6)

13. Standard 5, Detainee Grievance Procedures
ƒ I. [S]tandard operating procedures (SOP) must establish a
reasonable time limit for: … (iii) providing written responses to
detainees who filed formal grievances, including the basis for
the decision.
14. Security and Control Standard 5, Disciplinary Policy
ƒ III.A.2. Disciplinary action may not be capricious or
retaliatory.

10/24/2006

4

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

MEMORANDUM
August 14, 2006

Brussels

New York

Chicago

Northern Virginia

Frankfurt

Orange County

Hamburg

Paris

Hong Kong

San Diego

London

San Francisco

Los Angeles

Shanghai

Milan

Silicon Valley

Moscow

Singapore

Munich

Tokyo

New Jersey

Washington, D.C.

To:

John P. Torres, Acting Director, Office of Detention and Removal, Immigration and
Customs Enforcement
From:
American Bar Association Delegation to the McHenry County Adult Correctional
Facility
Copies to:
(b)(6)
Associate Director, ABA Commission on Immigration
Subject:
Report on Observational Tour of the McHenry County Adult Correctional Facility
in Woodstock, Illinois

This memorandum summarizes and evaluates information gathered at the McHenry
County Adult Correctional Facility (“MCACF” or “the Facility”) in Woodstock, Illinois, during
the delegation’s July 27, 2006 visit to the Facility. The information was gathered via observation
of the Facility by the members of the delegation,1 interviews with six detainees, and discussions
with MCACF 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-eight Standards contained in the Detention Operations Manual cover a
broad spectrum of issues ranging from visitation policies to grievance procedures and food
service. These Standards apply to ICE-operated detention centers and other facilities that house
immigration detainees pursuant to a contract or intergovernmental service agreement (“IGSA”).
The Detention Standards (the “Standards”) went into effect at ICE-operated
detention facilities on January 1, 2001. ICE intended to phase in the Standards at all of its
contract and IGSA facilities by December 31, 2002. The Standards constitute a “floor” rather

1

The delegation members included Associates

(b)(6)

as well as Summer Associates

(b)(6)

2

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

than a “ceiling” for the treatment of immigration detainees. In other words, they are designed to
establish the minimum requirements to which ICE must adhere in its facilities. Each Field
Office or Officer-in-Charge has discretion to promulgate polices and practices affording ICE
detainees more enhanced rights and protections, beyond those provided for by the Standards.
II.

INTRODUCTION
A.

The Delegation’s July 27, 2006 Visit

On Thursday, July 27, 2006, the members of our delegation met with several
members of MCACF’s staff and two representatives from ICE. Lieutenants (b)(6), (b)(7)c and
(b)(6), (b)(7)c
, and Deportation Officer (b)(6), (b)(7)c led our delegation on a tour of the facilities.
The delegation also met with other MCACF personnel throughout the course of the tour,
(b)(6), (b)(7)c
including Chief
. The delegation very much appreciated the cooperation of these
individuals. They were direct and accommodating during our tour of the Facility.
Our report is based on the discussions we had with these MCACF and ICE
employees, as well as observations of the Facility and interviews with six immigration detainees.
In many instances, the detainees’ reports were compatible with statements made by Facility
personnel and/or our observations. In such cases, the delegation was able to more accurately
determine whether MCACF policies and procedures were consistent with the Standards.
However, in a few instances, the detainees’ reports conflicted with statements made by Facility
personnel. Where we were unable to verify the conflicting reports, the delegation was unable to
conclusively determine the extent to which MCACF complies with the Standards.
B.

General Information about the McHenry County Adult Correctional Facility

The McHenry County Adult Correctional Facility (“MCACF”) houses federal
immigration detainees according to an intergovernmental service agreement (“IGSA”) with
ICE.3 According to MCACF personnel, the Facility has the capacity to hold 650 individuals.4 As
of July 27, 2006, MCACF’s population was 483 inmates and detainees in total, 196 of whom
were immigration detainees.5 MCACF houses mostly males.6 At the time of our visit, facility
personnel estimated that only 26 female detainees were housed there.7 ICE Deportation Officer
(b)(6), (b)(7)c
informed the delegation that the facility houses immigration detainees from many different
parts of the world, including Latin America, China, Southeast Asia, Africa, and Eastern Europe.8
Facility personnel also said most of the detainees at MCACF had criminal records.9

3

Notes of delegation member

on conversation with Chief

4

Notes of delegation member

on conversation with Chief

5

Notes of delegation member

on conversation with Lt.

6

Notes of delegation member

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

(b)(6)

on conversation with Lt.

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

7

Notes of delegation membe

, on conversation with Lt

8

Notes of delegation member

on conversation with ICE Deportation Officer

9

Notes of delegation member

on conversation with Lt.(b)(6), (b)(7)c

2

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

III.

LEGAL ACCESS STANDARDS
A.

Legal Access/Visitation
1.

Visitation by Attorneys

The Standards suggest that facilities permit legal visitation seven days per week.10
Attorneys should have access to their clients eight hours per day during the week and four hours
per day during the weekend and on holidays.11 The visits must be private, and should not be
interrupted for head counts.12 Facilities should establish a procedure by which attorneys may
call to determine whether a detainee is housed in a particular facility.13 Detention centers should
permit visits from attorneys, other legal representatives, legal assistants, and interpreters.14
MCACF partially meets this section of the Standards. However, legal visitation
terminates during meals and head counts, with no opportunity to resume the visit
afterwards. According to facility staff, legal visitation is permitted at any time; 24 hours per
day, 7 days a week, so long as the facility is not on “lockdown” status.15 The information in the
“McHenry County Adult Correctional Facility ICE Detainee Handbook” (hereinafter “McHenry
Detainee Handbook”) differs slightly from that provided by facility staff, as the McHenry
Detainee Handbook notes that attorney visitation is allowed during “normal business hours.”16
Facility staff indicated that attorneys may visit their clients at any time, but must call ahead to
schedule a visit.17 Attorneys may also call the facility to determine whether a detainee is
currently housed at MCACF.18 Upon arrival at the facility, an attorney must present his or her
bar card before a contact visit with a detainee is permitted.19 The McHenry Detainee Handbook
also notes that “[a]ll attorneys must have filed a G28 form with ICE.”20 Furthermore, “[a]ll
attorneys… are subject to search.”21

10

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

11

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

12

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

13

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

14

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

15

Notes of delegation member

(b)(6)

, on conversation with Lt.(b)(6), (b)(7)c

16

McHenry County Adult Correctional Facility, ICE Detainee Handbook (hereinafter “McHenry Detainee
Handbook”) at 15.

17

Notes of delegation member

18

Notes of delegation member

19

Notes of delegation member

20

McHenry Detainee Handbook at 15.

21

McHenry Detainee Handbook at 15.

, on conversation with Lt.
(b)(6)

, on conversation with Lt.
, on conversation with Lt.

3

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

Attorneys, police officers, probation officers, interpreters, and other counselors may
meet with detainees in one of three “contact” rooms within the Facility.22 Legal assistants may
not meet with a detainee unless an attorney is present,23 and independent medical service
providers or other experts may not meet with a detainee without a court order.24 In contact
rooms, the detainee and the attorney are separated by a Plexiglas partition that contains an
opening through which they may exchange documents and other materials.25 The contact rooms
contain a window through which the officers may monitor the visit, but there is no audio
monitoring.26
According to facility staff, legal visitation is cut off at mealtime and during head
counts.27 There is no opportunity to resume the visit afterwards.28 However, the McHenry
Detainee Handbook indicates that “[c]onsideration will be given for Attorneys to continue
visiting with their clients during meal times if necessary.”29
Detainees are given a “pat down” search after contact visits.30 If an officer suspects
that the detainee received contraband during the visit, a more thorough search may be
conducted.31
2.

Visitation by Family and Friends

The Standards suggest that facilities establish written visitation hours and
procedures, and make them available to the public.32 This includes procedures for handling
incoming money for detainees.33 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.34 Visits should be at least 30 minutes long and longer when

22

Notes of delegation member

23

Notes of delegation member

24

Notes of delegation member

on conversation with Lt.
on conversation with Lt.
(b)(6)

25

Notes of delegation member
Lt.(b)(6), (b)(7)c

on conversation with Lt.
on observation of contact visitation rooms and conversation with

26

Notes of delegation member
Lt.(b)(6), (b)(7)c

27

(b)(6)

Notes of delegation member

on observation of contact visitation rooms and conversation with
on conversation with Lt.
(b)(6), (b)(7)c

(b)(6)

28

Notes of delegation member

29

McHenry Detainee Handbook at 15.

30

Notes of delegation member
(b)(6)

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

on conversation with Lt.

(b)(6)
, on conversation with Lt.(b)(6), (b)(7)cnotes of delegation members
(b)(6)
on interview with detainee

31

Notes of delegation member

32

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

33

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

34

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

(b)(6)

on conversation with Lt.(b)(6), (b)(7)c

4

possible.35 Visits should be granted to detainees in both disciplinary and administrative
segregation unless a detainee violates the visitation rules or threatens the security of the visitation
room.36
MCACF substantially meets this section of the Standards. However, the facility
only permits one 15-minute visit per week, which is insufficient. Copies of the visitation
schedule are available in the main lobby of the facility.37 For males, visiting hours are from 5:00
p.m. to 9:00 p.m., Monday, Wednesday, and Friday, and from 12:00 p.m. to 3:00 p.m. on
Saturday.38 For females, visiting hours take place on Thursday from 5:00 p.m. to 9:00 p.m., and
on Saturday from 9:00 a.m. to 10:30 a.m.39 Visitors must call the Front Desk of the Facility to
schedule a visit twenty-four hours in advance.40 The call-ahead policy is in place to better
manage the flow of visitors.41 Visitors are required to sign the visitor log.42 A detainee may
have up to four visitors present during one visit.43 There is no formal dress code for visitors—it
is at the discretion of the officers.44
All visitations with family and friends take place via “videoconferencing.”45 All
visitors pass through a metal detector before entering the videoconferencing room on the first
floor of the Facility.46 The room contains approximately twenty video monitors, each of which
is coupled with a telephone handset.47 A detainee who has a visitor is notified prior to the
visitor’s arrival.48 At the time of the scheduled visit, the detainee goes to the “video booth” in
the common area of his or her unit.49 The video booths are equipped in the same manner as the
35

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

36

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

37

(b)(6)
Notes of delegation member
on observation. A copy of the McHenry County Jail visitation
schedule (“Visitation Schedule”) is attached to this report.

38

Visitation Schedule.

39

Visitation Schedule.

40

Visitation Schedule; notes of delegation member

41

Notes of delegation member

42

(b)(6)

, on conversation with Lt.(b)(6), (b)(7)c

on conversation with Lt.(b)(6), (b)(7)c
(b)(6)

Notes of delegation member

on observation of visitation log and on conversation with Lt.

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

43

Notes of delegation member

, on conversation with Lt.
(b)(6)

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

44

Notes of delegation member
, on conversation with Lt.
p.15 (“Visitors must be in appropriate and socially accepted attire.”).

45

Notes of delegation member
Lt.
(b)(6), (b)(7)c

46

Notes of delegation member
conversation with Lt.(b)(6), (b)(7)c

47
48

Notes of delegation member
Notes of delegation member
(b)(6)

49

Notes of delegation member

McHenry Detainee Handbook,

(b)(6)

on observation of videoconferencing room, and conversation with

(b)(6)

, on observation of metal detector and videoconferencing room, and

(b)(6)

, on observation of videoconferencing room.

, on conversation with Lt.(b)(6), (b)(7)c
; notes of delegation members
, on interview with Detainee (b)(6), (b)(7)c.
(b)(6)

on conversation with Lt.(b)(6), (b)(7)c
.

5

videoconferencing room on the first floor, and are not enclosed.50 There is one video booth per
unit on the third floor of the facility (which consists entirely of male ICE detainees).51 One
detainee noted that the video screen cuts in and out frequently during visits, which is very
disruptive to visitation with friends and family members.52
The visitation schedule notes: “Inmates get one 15 min. visit per week. Any Inmate
who is a worker within the jail gets two 15 min. visits per week.”53 Visits were formerly 30
minutes long, but due to a strain on visitation space, the visits were cut down to 15 minutes.54
The Facility is currently looking into whether lengthening the visits is a viable option.55 The
McHenry Detainee Handbook does not list the length or frequency of visits.56
The delegation is concerned about the short length of visits with friends and family
members, as it is one-half of the length of time recommended by the Standards.57 Several
detainees interviewed by delegation members expressed dissatisfaction with the length of the
visits. One detainee noted that his sister traveled a long way to see him, and that the 2 minute
warning and termination of the 15 minute visit made the visit feel insufficient and rushed.58
Another detainee also expressed dissatisfaction with the 15 minute time limit on visits and the
video visitation system.59 A third detainee noted that if a visitor is late, even by a few minutes,
the visit is canceled by the officer at the reception desk.60
Minors are allowed to visit, as long as they are supervised by a parent or legal
guardian.61 Immediate family members who are held at the Facility “may be allowed to visit
with each other during normal visiting hours.”62 Detainees in administrative or disciplinary
housing are afforded visitation in accordance with the general visitation policies, provided they
do not create problems during the visit.63 Furthermore, “[a]ny disruptive conduct by either party

50

Notes of delegation member
Notes of delegation member

52

Notes of delegation members

53

Visitation Schedule.

54

Notes of delegation member

55

on observation of video booth in unit on third floor of facility.
(b)(6)

51

on conversation with Lt.(b)(6), (b)(7)c
on interview with Detainee

(b)(6)

on conversation with Lt.
(b)(6)

Notes of delegation member

(b)(6)

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

on conversation with Lt.

56

McHenry Detainee Handbook, p.15 (“Detainees can ask the Housing Unit Officer the length of the visit as well as
the frequency of the visits.”).

57

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

58

Notes of delegation members

59

Notes of delegation members

60

Notes of delegation members

61

Notes of delegation member
p.15.

, on interview with Detainee (b)(6), (b)(7)c

(b)(6)

on interview with Detainee

(b)(6)

, on interview with Detainee

(b)(6)
(b)(6)

62

McHenry Detainee Handbook, p.15.

63

Notes of delegation member

(b)(6)

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

on conversation with Lt.(b)(6), (b)(7)cMcHenry Detainee Handbook,

on conversation with Lt.(b)(6), (b)(7)c

6

[during a visit] will result in the termination of the visit and may have an adverse affect [sic] on
future visits.”64
Detainees may not receive any personal property during visitation, and they are
prohibited from keeping virtually any property in their cells, save any religious texts, such as a
Bible, Torah, or Koran.65 All of a detainee’s personal property is retained at a processing facility
in nearby Broadview.66 A detainee can receive money in his or her inmate account if a donor
mails funds to the Facility.67 Upon receipt, both the donor and the detainee are notified that the
account has been credited.68 MCACF is planning to implement a system in which visitors may
deposit money in an inmate’s account at a kiosk that will be located at the front of the facility.69
B.

Telephone Access
1.

General Requirements

The Standards require that facilities provide detainees with reasonable and
equitable access to telephones during established facility waking hours.70 To ensure reasonable
access, facilities must provide at least one telephone for detainee use for every 25 detainees held,
and maintain these detainee telephones in proper working order.71 The Standards also require
that facilities provide telephone access rules in writing to each detainee upon admittance, and
post these rules where detainees may easily see them.72 The Standards provide that facilities
shall not restrict the number of calls a detainee places to his/her legal representatives, nor limit
the duration of such calls by rule or automatic cutoff, unless necessary for security purposes or to
maintain orderly and fair access to telephones.73 If time limits for these calls are necessary, they
shall be no shorter than twenty minutes, and the detainee should be allowed to continue the call
at the first available opportunity.74
MCACF does not fully meet this section of the Standards; telephone calls are
cut off after 15 minutes. Each Pod has either four phones, two phones, or one phone,
depending on the number of detainees housed in the Pod.75 The total number of phones was
64

McHenry Detainee Handbook, p.15.

65

Notes of delegation member
(b)(6)
on conversation with Lt.(b)(6), (b)(7)c

on conversation with Lt.(b)(6), (b)(7)c
; notes of delegation member

(b)(6)

66

Notes of delegation member

67

Notes of delegation member

, on conversation with Lt.
, on conversation with Lt.
(b)(6)

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

68

Notes of delegation member

, on conversation with Lt.

69

Notes of delegation member

, on conversation with Lt.

70

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

71

Detentions Operations Manual, Detainee Services, Standard 16, Sections III.C & III.D.

72

Detentions Operations Manual, Detainee Services, Standard 16, Section III.B.

73

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

74

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

75

Notes of delegation member

(b)(6)

on conversation with Lt.

7

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

(b)(6)

approximately one phone per every fourteen detainees.76 If the phones are not in working order,
the detainees can inform the Housing Unit Officer on duty and receive assistance.77 The
Detainee Handbook notifies detainees of telephone access rules, and each phone has written
instructions for making collect calls and free calls to certain pre-programmed numbers.78
However, all telephone calls made by detainees are automatically disconnected after fifteen
minutes.79 The phones are turned on after the Pod’s daily inspection, usually around 9:30 a.m.,
and are generally available until approximately 10:30 p.m., except during mealtimes and
lockdown.80 However, the Housing Unit Officers will not turn on the phones if the Pod does not
(b)(6)
pass its daily inspection.81 Delegation member
requested to use one of the
82
phones, but her request was denied.
2.

Direct vs. Collect Calls

The Standards allow facilities to generally limit calls to collect calls.83 However,
facilities must permit detainees to make direct calls to the local immigration court and the Board
of Immigration Appeals, Federal and State courts where the detainee is or may become involved
in a legal proceeding, consular officials, legal service providers (in pursuit of legal representation
or consultation), government offices (to obtain documents relevant to his/her immigration case),
and in personal or family emergencies.84 Staff will allow detainees to make such calls as soon as
possible after the request.85 Facilities “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.”86
MCACF meets this section of the Standards. Outgoing calls are generally
limited to collect calls. Detainees the delegation interviewed reported that the costs are often
quite high and cellular phones cannot always receive collect calls.87 There is a three-page list
next to each set of phones (last updated on June 7, 2006), that provides instructions in English,
76

(b)(6)
Notes of delegation member
, on conversation with Lt.
total number of reported detainees (196) by total number of phones (14)).

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

77

Notes of delegation member

78

McHenry Detainee Handbook, p. 12-13; observations of delegation member

79

Notes of delegation member

80

(b)(6)

, on interview with detainee

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

.

(b)(6)

on conversation with Lt.
(b)(6)

Notes of delegation member

on conversation with Lt.

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

81

McHenry Detainee Handbook, p. 12; notes of delegation members
interview with Detainee
(b)(6), (b)(7)c

82

Notes of delegation member

83

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

84

Detentions Operations Manual, Detainee Services, Standard 16, Sections III.E.1-6.

85

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

86

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

(b)(6)

87

Notes of delegation member
delegation members
(b)(6)
members

(calculated by dividing the

(b)(6)
(b)(6)

(b)(6)

on

on conversation with ICE Deportation Officer(b)(6), (b)(7)c

, on conversation with ICE Deportation Officer (b)(6), (b)(7)c notes of
on interview with Detainee (b)(6), (b)(7)c notes of delegation
(b)(6), (b)(7)c
on interview with Detainee

8

Spanish, Vietnamese, Chinese, and Creole on how to make free pre-programmed calls to the
Department of Homeland Security, the Immigration Court Information System, free legal service
providers, and consulates in several different states and countries.88
3.

Privacy for Telephone Calls on Legal Matters

The Standards require that facilities ensure privacy for detainees’ telephone calls
regarding legal matters.89 Facility staff shall not electronically monitor detainee telephone calls
on their legal matters, absent a court order.90 Facilities shall have a written policy on the
monitoring of telephone calls.91 If detainees’ telephone calls are monitored, facilities shall notify
detainees in the detainee handbook or equivalent, and place a notice at each monitored telephone,
stating that detainee calls are subject to monitoring and providing the procedure for obtaining an
unmonitored call to a court, legal representative, or for the purposes of obtaining legal
representation.92
MCACF does not meet this section of the Standards; telephone calls are not
private. Detainees are unable to make private calls because the phones where detainees can
make outgoing calls are located in communal living areas, very close to one another with no
privacy safeguards or partitions.93 There are opportunities for detainees to have private phone
calls with their attorneys, but only if the calls are initiated by the attorney, and are set up in
advance.94 Then, the detainee is allowed to speak with the attorney using the telephones in the
holding area on the first floor, and thus some privacy is ensured.95 According to the Facility
staff, no phone calls are monitored.96
4.

Incoming Calls and Messages

The Standards advise that facility staff take and deliver messages from attorneys
and emergency incoming telephone calls to detainees as promptly as possible, and no less than
three times a day.97 If a facility receives an emergency telephone call for a detainee, the
Standards suggest that the facility obtain the caller’s name and number and permit the detainee
to return the emergency call as soon as possible.98 Indigent detainees shall be allowed to make a
88

Observations of delegation member

89

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

90

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

91

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

92

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

93

Observation of delegation member

94

Notes of delegation member

95

Notes of delegation member

96

Notes of delegation member

97

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

98

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

(b)(6)

(b)(6)

on conversation with Lt.
(b)(6)

on conversation with Lt.
on conversation with Lt.

9

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

free return emergency call.99 Upon a detainee’s request, facilities shall make special
arrangements permitting the detainee to speak by telephone with an immediate family member
detained in another facility.100 The facility shall liberally grant request for inter-facility family
calls to discuss legal matters, and afford privacy to these conversations to the extent possible.101
MCACF meets this section of the Standards. Facility staff takes and deliver
messages from attorneys and emergency messages from family members as promptly as
possible, usually that same day.102 If on-site ICE Deportation Officer (b)(6), (b)(7)c becomes aware
of a detainee’s family emergency, including an emergency involving a family member detained
in another facility, and the detainee makes a request to make a free call to a family member,
Officer(b)(6), (b)(7)cusually will grant the detainee’s request.103
5.

Telephone Privileges in Special Management Unit

The Standards provide that detainees in the Special Management Unit (“SMU”) for
disciplinary reasons shall be permitted to make direct and/or free calls, except under compelling
security conditions.104 These conditions shall be documented.105
MCACF meets this section of the Standards. Detainees in segregated areas for
disciplinary reasons are generally permitted to make one five minute call per week.106 Consulate
and legal telephone calls will not be restricted; however, detainees must complete a request form
if telephone privileges are restricted.107
C.

Access to Library and Legal Materials.
1.

Access to the 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.”108 The Standards state that each facility shall have a
99

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

100

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

101

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

102

(b)(6)
Notes of delegation member
, on conversation with ICE Deportation Officer (b)(6), (b)(7)c notes
(b)(6), (b)(7)c
of delegation member
on interview with Detainee
notes of delegation members
(b)(6)
(b)(6)
(b)(6)
(b)(6), (b)(7)c
and
, on interview with Detainee

103

Notes of delegation member

104

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

105

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

106

Notes of delegation member

107

McHenry Detainee Handbook at 12.

108

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

(b)(6)

(b)(6)

, on conversation with ICE Deportation Officer

, on conversation with Lt.(b)(6), (b)(7)c

10

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

flexible schedule for law library use that permits all detainees, regardless of housing or
classification, to use the law library on a regular basis.109 Each detainee shall be permitted to use
the law library for a minimum of five hours per week.110
MCACF substantially meets this section of the Standards, although legal
materials are only available on the computer and detainees are unable to print legal
materials from the computer. There are two distinct library areas at MCACF: the pod
computer and a law library. Each pod housing ICE detainees has a networked laptop computer
with which detainees may access online legal materials.111 The pod computer provides free
access to LexisNexis.112 English-language directions for basic searches are posted next to the
computer.113 Detainee classifications have no bearing on access to legal materials.114 Detainees
reported having no problems with securing sufficient time to use the pod computers.115
However, detainees are not able to print anything other than their own letters, briefs, and filings,
i.e., no case law, statutes, or codes may be printed.116
MCACF also has a law library,117 but it does not contain any relevant immigration
resources.118 Few if any detainees appear to use it.119 Detainees must submit a written request in
order to access the law library.120 One detainee reported that he was allowed into the library only
to be rushed out after five minutes.121
2.

Library Conditions

The Standards require that a facility provide a law library with sufficient space to
facilitate detainees’ legal research and writing.122 Furthermore, it must be large enough “to

109

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

110

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

111

Observations of delegation member

112

Notes of delegation member

113

Observations of delegation member

114

Notes of delegation member

(b)(6)

(b)(6), (b)(7)c
on conversation with Lt.
.

115

Notes of delegation member

(b)(6)

on conversations with Detainees

(b)(6)

(b)(6)

on conversation with Corrections Officer (b)(6), (b)(7)c
(b)(6)

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

116

(b)(6)
Observations of delegation member
notes of delegation member
Detainee
and Corrections Officer(b)(6), (b)(7)c
(b)(6), (b)(7)c

on conversations with

(b)(6)

117

Observations of delegation member

118

(b)(6)
Notes of delegation member
, on conversation with ICE Deportation Officer
library is geared to criminal proceedings.

119

Notes of delegation member

(b)(6)

(b)(6)

, on conversations with detainee

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

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

and Corrections Officer

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

120

McHenry Detainee Handbook at 14.

121

Notes of delegation member

122

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

(b)(6)

on conversation with Detainee

11

The law

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

.

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.”123
MCACF substantially meets this section of the Standards. The pod computer is
in a well-lit area, positioned on a large table suitable for use as a workspace.124 The pod
computer is in the living quarters of the detainees, and is only relatively isolated from noisy
areas,125 although a television is approximately twenty-five feet away from the computer.126 The
law library is well-lit, isolated from noisy areas, and provides a sufficient number of tables and
chairs.127
3.

Materials Identified in the Standards

The Standards require that all facility law libraries contain the materials listed in
Attachment A to the chapter on Access to Legal Materials.128 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.129 Damaged or stolen materials
must be promptly replaced.130
MCACF does not fully meet this section of the Standards. MCACF provides
its immigration detainees with computer access to LexisNexis; however, no hardbound
legal resources are available.131 While LexisNexis provides access to numerous legal
materials, as well as current statutory and regulatory information, it is unclear whether the
secondary resources listed as required by Attachment A are available on the computer. No
summary of holdings or resources was available for the delegation’s review.132
4.

Computer Access, Equipment and Holdings

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.133

123

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

124

Observations of delegation member

125

Observations of delegation member

126

Observations of delegation member

127

Observations of delegation member

128

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

129

(b)(6)

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

130

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

131

Notes of delegation member

, on conversation with Corrections Officer(b)(6), (b)(7)c
(b)(6)

132

Notes of delegation member

133

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

(b)(6), (b)(7)c
, on conversation with Lt.

12

MCACF meets this section of the Standards. There is one computer per pod.134
Adequate supplies are available at each workstation.135 One detainee noted reluctance among
officers to grant access to the LexisNexis-enabled computers.136 However, most detainees
reported they were able to access the computers without complication.137
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.138
MCACF meets this section of the Standards. Detainees are allowed to assist
each other with both legal research and substantive legal issues related to their cases.139
6.

Assistance to Non-English Speaking Detainees

The Standards provide that detainees “must be provided with more than access to a
set of English-language law books.”140
MCACF does not meet this section of the Standards. One detainee reported that
there are no books (neither legal nor non-legal) in Spanish in the law library--a severe detriment
to him because he could only read and write in Spanish.141
7.

Access to Personal Legal Materials

The Standards provide that detainees shall be allowed to “retain all personal legal
material.”142
MCACF does not meet this section of the Standards. The detainees’ inability
to print and retain relevant codes, statutes, and case law impairs their right to retain
materials.143
134

Observations of delegation member
(b)(6)

135

Observations of delegation member
Detainee (b)(6), (b)(7)c
136
137

Notes of delegation member

notes of delegation member

on conversation with Detaine

(b)(6)

Notes of delegation members

on conversation with

(b)(6)

on conversations with Detainees

(b)(6)

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

138

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

139

Notes of delegation member

140

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

141

Notes of delegation member

142

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

143

See Section C.1, supra.

(b)(6)

(b)(6)

on conversations with Detainees

on conversation with Detainee

13

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

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

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

,

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.”144 Informational posters are to be prominently displayed in the housing units at
least forty-eight hours in advance of a scheduled presentation.145 While the presentations are
open to all detainees, the facility “may limit the number of detainees at a single session.”146
“The facility shall select and provide an environment conducive to the presentation, consistent
with security.”147 In addition, detainees shall have regular opportunities to view an “INSapproved videotaped presentation on legal rights.”148
MCACF does not fully meet this section of the Standards; posters are not
posted and there is currently no Know Your Rights video available. According to facility
personnel, there are no restrictions on group rights presentations.149 MCACF has legal rights
presentations scheduled every two months and the presentations are always done by the National
Immigrant Justice Center (NIJC).150 An outside group can schedule a presentation by contacting
the ICE Field Office Director.151 The number of detainees at each presentation is limited;
however, there are four sessions held during the day.152 Each session lasts approximately 2
hours.153 The presentations are open to all detainees, including those in segregation.154 The
presentations are given in English, Chinese and Spanish.155 Many of the detainees interviewed
attended a legal rights presentation and had the opportunity to speak with a legal representative
afterwards.156
There is no written notice posted about when the presentations will take place.157
ICE Deportation Officer(b)(6), (b)(7)csaid he lets the detainees know verbally in advance of the
presentation. However, detainees have reported that they have only received notification from
144

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

145

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

146

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

147

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

148

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

149

Notes of delegation member

on conversation with

150

Notes of delegation member

on conversation with ICE Deportation Officer

151

Notes of delegation member

on conversation with ICE Deportation Officer

152

Notes of delegation member

on conversation with ICE Deportation Officer

153

Notes of delegation member

154

Notes of delegation member

on conversation with ICE Deportation Officer

155

Notes of delegation member

on conversation with ICE Deportation Officer

156

Notes of delegation member

on conversations with detainees

157

Notes of delegation member

on conversation with ICE Deportation Officer

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

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

on conversation with ICE Deportation Officer

14

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

other prisoners, not from MCACF officials.158 Further, there is not a “Know Your Rights” video
available for detainees to view.159 ICE Deportation Officer(b)(6), (b)(7)canticipates having a video
available in the near future.160
IV.

OTHER PROVISIONS OF THE ICE DETENTION STANDARDS
A.

Correspondence and Other Mail
1.

Inspection of Mail & Contraband

The Standards require that detainees be allowed to send and receive correspondence
and other mail in a timely manner, subject to limitations required for the safety, security, and
orderly operation of the facility.161 The quantity of correspondence a detainee may receive or
send at his/her own expense should not be limited.162 Incoming mail shall be distributed within
24 hours of receipt by the facility.163 Outgoing mail shall be delivered to the postal service no
later than the day after it is received.164
General correspondence shall normally be opened and inspected for contraband in
the presence of the detainee.165 Special correspondence—which includes all written
communication to or from attorneys, legal representatives, judges, courts, government officials,
and the news media—is treated differently.166 Incoming special correspondence can be
inspected for contraband only in the presence of the detainee, but it cannot be read or copied.167
Outgoing special correspondence cannot be opened, inspected, or read.168 When an officer finds
an item that must be removed from a detainee’s mail, he/she shall make a written record, and the
affected detainee(s) shall be notified and provided with a receipt for the confiscated or withheld
items.169
The Standards require that facilities provide detainees with writing paper, writing
implements, and envelopes at no cost to the detainees.170 Indigent detainees will be permitted to
158

(b)(6)
Notes of delegation member
on conversation with detainee
,
on
conversation
with
detainee
(b)(6), (b)(7)c
(b)(6)

159

Notes of delegation member

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

; notes of delegation member

on conversation with ICE Deportation Officer
(b)(6)

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

160

Notes of delegation member

161

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

162

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

163

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

164

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

165

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

166

Detention Operations Manual, Detainee Services, Standard 3, Sections III.E.2.

167

Detention Operations Manual, Detainee Services, Standard 3, Section III.E.2.

168

Detention Operations Manual, Detainee Services, Standard 3, Sections III.F.2.

169

Detention Operations Manual, Detainee Services, Standard 3, Section III.G & H.

170

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

on conversation with ICE Deportation Officer

15

mail at least five pieces of special correspondence and three pieces of general correspondence
each week.171 Finally, the Standards require that facilities notify detainees of specific
information regarding correspondence policies in their detainee handbook and post these rules in
each housing area.172
MCACF substantially meets this section of the Standards; however, outgoing
special correspondence is inspected. Outgoing mail is picked up from the detainees by the
Housing Unit Officers and delivered daily to the Post Office.173 Incoming mail is inspected by a
Housing Unit Officer and distributed to detainees the day it is received.174 According to Lt. (b)(6), (b)(7)c
all incoming and outgoing mail, including special correspondence, is opened and inspected for
contraband.175 The McHenry Detainee Handbook states that “All outgoing mail is to be turned
in with the envelope unsealed so that it may be inspected for contraband.”176 However, the
McHenry Detainee Handbook also states that “outgoing special correspondence will not be
opened, inspected, or read.”177 If contraband is found, the Housing Unit Officer records the item
in a logbook designed for that purpose, returns the item to the sender, sends a receipt to the
detainee, and informs both sender and detainee of which item was confiscated and why it was
confiscated.178 Incoming special correspondence is opened in front of the detainee but never
read.179
There is no limit on the amount of mail a detainee can send or receive,180 although
detainee are only allowed to keep ten letters or cards in their cells.181 Detainees can mail free of
charge up to five pieces of special correspondence and three pieces of general correspondence
per week. Detainees can purchase additional stamped envelopes from the facility
Commissary.182
Indigent detainees receive writing paper, writing implements, envelopes and
stamps at no cost.183 According to the McHenry Detainee Handbook, indigent detainees may
171

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

172

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

173

Notes of delegation member

174

Notes of delegation member

175

Notes of delegation member

176

McHenry Detainee Handbook at 4.

177

McHenry Detainee Handbook at 4.

178

Notes of delegation member

179

, on conversation with Lt.
(b)(6)

, on conversation with Lt.
, on conversation with Lt.
(b)(6), (b)(7)c

on conversation with Lt.
(b)(6)

Notes of delegation member

on conversation with Lt.
on interview with Detainee
(b)(6), (b)(7)c

(b)(6)

180

McHenry Detainee Handbook at 3.

181

McHenry Detainee Handbook at 3–4.

182

Notes of delegation member

on interview with detainee

notes of delegation members

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

(b)(6)

183

Notes of delegation member
(b)(6)

on conversation with Lt(b)(6), (b)(7)cnotes of delegation members
on interview with detainee
(b)(6), (b)(7)c

16

send all legal correspondence free of charge; however, the staff lieutenant, reported that indigent
detainees receive ten stamped envelopes each week to use for general or special
correspondence.184
Finally, the McHenry Detainee Handbook notifies detainees of specific information
pertaining to correspondence and other mail, including the definition of special correspondence,
the fact that detainees may not send or receive packages without advance approved
arrangements, the rules for providing indigent and certain other detainees free postage, and the
detainees’ addresses at the Facility.185
B.

Recreation

The Standards require that all detainees have access to recreational programs and
activities, under conditions of security and safety.186 Detainees should be housed in facilities
with outdoor recreation.187 If a facility only provides indoor recreation, detainees must have
access to the recreation area for at least one hour per day, including exposure to natural light.188
Detainees should have access to “fixed and movable equipment,” including opportunities for
cardiovascular exercise, and games and television in dayrooms.189
MCACF does not fully meet this section of the Standards: there is no outdoor
recreation, recreation time is apparently limited, and there is no fixed or movable exercise
equipment. MCACF has two indoor recreation rooms that include some exposure to natural
light;190 however, there is no outdoor recreation. ICE suggests that detainees be eligible for
transfer after six months from a facility without outdoor recreation.191 In accordance with this
policy, the ICE deportation officer informs all detainees that they are eligible for a transfer to a
facility with access to outdoor recreation after serving six months at MCACF.192 However,
according to ICE Deportation Officer(b)(6), (b)(7)cin several instances detainees who satisfy this six
month threshold have decided to remain at the McHenry County facility.193

184

McHenry Detainee Handbook at 4; notes of delegation membe

185

McHenry Detainee Handbook at 2–4.

186

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

(b)(6)

on conversation with Lt. (b)(6), (b)(7)c

187

Detention Operations Manual, Detainee Services, Standard 13, Section III.A, which also provides that “all new or
renegotiated contracts and IGSAs will stipulate that INS detainees have access to an outdoor recreation area.”
188

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

189

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

190

Notes of delegation member

on conversation with Lts.

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

(b)(6)

191

Notes of delegation member
on conversation with ICE Deportation Officer(b)(6), (b)(7)cDetention
Operations Manual, Detainee Services, Standard 13, Section III.C.
192
193

Notes of delegation member

on conversation with ICE Deportation Officer
(b)(6)

Notes of delegation member

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

on conversation with ICE Deportation Officer

17

Neither recreation room contains any fixed or movable equipment, which is in
violation of the Standards.194 Further, there is no set schedule for use of either recreation
room.195 Rather, detainees are permitted to go into the recreation facilities upon request and can
stay for an hour at a time, sometimes longer depending on the demands for the room.196 Several
of the detainees indicated that this system does not result in adequate access to the recreation
facilities as their requests to go into the recreational areas are often denied.197 One detainee
indicated that in her eight month stay at MCACF, she was only permitted to go to the recreation
facility once for half of an hour.198 She stated that she asked repeatedly for permission to go into
the recreation facility and was turned down.199
In addition to the recreation rooms, each Pod that houses detainees contains its own
dayroom.
The dayrooms are common rooms where the detainees can socialize, eat their
meals, use the phones, use the laptop computers for legal research, watch cable television and
play board games.201 The dayrooms however also do not have any fixed or movable exercise
equipment.202
200

C.

Access to Medical Care

The Standards provide that all detainees shall have access to medical care that
promotes health and well being.203 Upon arrival, each detainee should be given an initial
medical screening and thereafter should receive primary medical care, routine dental check-ups,
and emergency care.204 Each facility is required to have regularly scheduled “sick calls” when
medical personnel are available to examine detainees who have requested medical services.205 If
the facility has over 200 detainees, there must be sick calls 5 days per week.206 The facility is
required to have signed and dated consent forms that must be obtained from a detainee before
medical examination is given (unless in emergency circumstances).207 The Standards also
194

Observations of delegation member

195

Notes of delegation member

(b)(6)

on conversation with Lt.
(b)(6), (b)(7)c

(b)(6)

196

Notes of delegation member

197

Notes of delegation member

on conversation with Lt.
on interviews with detainee

and detainee(b)(6), (b)(7)c

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

198

Notes of delegation member

199

Notes of delegation member

200

Observations of delegation member

201

Notes of delegation member
(b)(6)
member

on interviews with detainee

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

on interviews with detainee

(b)(6)

.
.

(b)(6)

on conversation with Lts.

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

202

Observations of delegation member

203

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

204

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

205

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

206

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

207

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

(b)(6)

18

observations of delegation

require that translation services be provided for every detainee.208 Finally, copies of health
records may be released to a detainee and any person designated by the detainee with written
authorization.209
It is unclear whether MCACF meets this section of the Standards; detainees
reported that treatment is inadequate. While the employees of the facility assured us of the
quality of the medical care given to detainees, there was much dissent from the interviewed
(b)(6)
detainees regarding the quality of care received. Health Services Administrator
and
(b)(6)
physician Dr.
stated that all detainees receive initial physical exams during booking and
then receive yearly check-ups.210 They also stated that sick-calls were scheduled five days a
week and a nurse was on call 24-hours a day.211 Other staff includes one psychiatrist who comes
once a week, a nurse practitioner who comes four times a week, and Dr. (b)(6) who comes several
times a week.212 Emergency care is provided by a local hospital that is two miles from the
Facility.213 Medication is handed out three times a day.214
The McHenry Detainee Handbook states that a detainee who wishes to see a nurse
must fill out a “McHenry County Detainee Request Form” and turn it into the Housing Unit
Officer who will then forward it to the medical staff.215 Health Services Administrator Bute and
Dr. (b)(6) both asserted that requested procedures are approved within one day of submission to
the Division of Immigration Health Services (“IHS”) in Washington, D.C. and that general
medical care is good.216 However, several detainees raised concerns abut the quality of medical
care. One diabetic detainee described an incident where she complained about chest pains, was
treated twice with different medications, and was left with a numb left arm forcing her to stop
using the medication.217 Another detainee was dissatisfied that when he experienced problems
urinating for three weeks he simply received painkillers, and was concerned about Dr. (b)(6)

208

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

209

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

210

Notes of delegation member
Dr. (b)(6)

211

Notes of delegation member

(b)(6)

on conversation with Health Services Administrator

(b)(6)

and

on conversation with Health Services Administrator

(b)(6)

212

Notes of delegation member

(b)(6)

on conversation with Health Services Administrator

(b)(6)

(b)(6)

213

Notes of delegation member

on conversation with Health Services Administrator

(b)(6)

214

McHenry Detainee Handbook at 10 (noting that detainees in lockdown will be called out for their medications).

215

McHenry Detainee Handbook at 10.

216

Notes of delegation member
Detainee Handbook at 10.

(b)(6)

, on conversation with Health Services Administrator

217

(b)(6)

McHenry

(b)(6), (b)(7)c
Notes of delegation member
on conversation with detainee
(b)(6)
(who also claimed that the doctor is generally not good and has not helped her diabetes other than monitoring it once
a week with blood tests).

19

manner with detainees.218 Another detainee has been experiencing chronic pain in her arm, for
which Dr. (b)(6) prescribed Motrin.219 This same detainee has filed two separate requests to see a
specialist for the pain in her arm (up to three months before our visit to the Facility) and both of
the requests have gone unanswered.220
Consent forms are given to all detainees upon their arrival and cover medical care
received while at the Facility.221 For specific procedures detainees are required to sign
subsequent consent forms.222 Translation services are provided through the AT&T Language
Line, which provides translation services for all languages.223 Also, one free copy of health
records are available to all detainees, and are available to people authorized by the detainee for
$.05/page.224
D.

Access to Dental Care

The Standards require that an initial dental screening be performed within fourteen
hours of a detainee’s arrival.225 The facility should provide emergency dental treatment when
necessary (including procedures aimed at the immediate relief of pain, trauma, and acute oral
infection).226 Routine dental treatment is suggested for all long-term detainees (defined as those
whose stay exceeds six months).227
It is unclear whether MCACF meets this section of the Standards. The McHenry
Detainee Handbook states that “[d]ental treatment will be provided on an emergency basis
during the first 12 months [and if a detainee is] incarcerated for a period of more than 12 months,
routine dental care will be given subject to approval by ICE.”228 Health Services Administrator

218

Notes of delegation members

219

Notes of delegation members

on conversation with detainee

(b)(6)

on conversation with detainee

(b)(6)

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

220

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

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

Notes of delegation members

, on conversation with detainee

(b)(6)

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

221

Notes of delegation member

on conversation with Health Services Administrator

(b)(6)

222

Notes of delegation member

(b)(6)

on conversation with Health Services Administrator

(b)(6)

(b)(6)

223

Notes of delegation member

on conversation with Health Services Administrator

(b)(6)

224

Notes of delegation member
on conversation with Health Services Administrator (b)(6) ee also
(b)(6)
McHenry Detainee Handbook at 10 (stating the procedure by which detainees may request copies of medical
records).
225

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

226

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

227

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

228

McHenry Detainee Handbook at 11.

20

stated that the facility is attempting to get a dentist to come to the facility once a week.229
Health Services Administrator (b)(6) stated that all detainees receive a dental exam upon
admission and a dental check-up once a year.230 One detainee did state that he received a dental
exam upon arrival,231 but several other detainees stated that they never received any dental exam
in the four to six months since arriving at the facility.232 One detainee reported that upon arrival
he complained of a toothache and asked for dental care, but had to wait one month for his request
to be honored.233 Another detainee reported that he requested dental care for a toothache and
was seen within three to four days, but he believed the treatment he received was inadequate.234
Finally, many detainees complained that the toothbrushes and toothpaste they are given are
inadequate for basic oral sanitation.235 One detainee described the toothbrushes as a pre-pasted
finger cot that slips onto the detainee’s fingers and is used to brush the teeth.236 Another detainee
reported that she and her podmates have written grievances regarding the toothbrush/toothpaste
issues but have not received any response to date.237

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

E.

Hunger Strike

According to the Standards, specific procedures should be in place so that qualified
medical personnel can verify that a person on a hunger strike is acting according to his/her will
and is not exhibiting signs of mental illness.238 During a hunger strike, the detainee’s mental and
vital signs should be monitored every 24 hours.239 Facilities are also required to make every
effort to get informed consent from detainees on hunger strikes.240
MCACF meets this section of the Standards. If a detainee misses several meals in
a row, then McHenry contacts the medical department whose officers monitor meal intake.241
229

Notes of delegation member

on conversation with Health Services Administrator
(b)(6)

230

Notes of delegation member

231

Notes of delegation members

(b)(6)

on conversation with Health Services Administrator
on conversation with detainee

(b)(6)

232

Notes of delegation members
; notes of delegation members
(b)(6), (b)(7)c
notes of delegation member

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

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

(b)(6)

(b)(6)

(b)(6)

233

Notes of delegation members

234

Notes of delegation members

(b)(6)

Notes of delegation members
delegation members
delegation members

(b)(6)

on conversation with detainee

(b)(6)

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

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

235

236

Notes of delegation members

237

Notes of delegation members

on conversation with detainee
notes of
on conversation with detainee (b)(6), (b)(7)c notes of
(b)(7)c
on conversation with detainee

(b)(6)
(b)(6)

on conversation with detainee

(b)(6)

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

.

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

(b)(6)

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

238

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

239

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

240

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

241

Notes of delegation member

(b)(6)

.

on conversation with Health Services Administrator

(b)(6)

21

(b)(6)

Vital signs and mental state are monitored daily by both a physician and a mental health
counselor after three days of not eating (defined as consuming nothing but water).242 Forcefeeding only occurs if the detainee is severely dehydrated and cannot function on her own.243
F.

Detainee Classification System

The Standards require that detention facilities use a classification system and
physically separate detainees in different categories.244 Detainees must be assigned to the least
restrictive housing unit consistent with facility safety and security.245 A detainee’s classification
is to be determined on “objective” criteria, including criminal offenses, escape attempts,
institutional disciplinary history, violent incidents, etc.246 Classification is required in order to
separate detainees with no or minimal criminal records from inmates with serious criminal
records.247 Detainees with a history of assaultive or combative behavior are not to be housed
with non-assaultive detainees.248
All facility classification systems shall allow classification level to be re-determined
and include procedures by which new arrivals can appeal their classification levels.249 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.250
MCACF does not appear to meet this section of the Standards; there does not
appear to be a procedure to appeal a classification, and MCACF houses high-risk detainees
with lower-risk detainees. MCACF uses the classification determined at Broadview;251 the
Facility does not re-classify ICE detainees upon their arrival from Broadview.252 Both the
general inmate population and the ICE detainees are classified using three different Levels of
classification.253 Housing assignments are based on classification level.254 Males and females
242

Notes of delegation member
(b)(6)

243

on conversation with Health Services Administrator
(b)(6)

Notes of delegation member

(b)(6)

on conversation with Health Services Administrator

(b)(6)

244

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

245

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

246

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

247

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

248

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

249

Detention Operations Manual, Detainee Services, Standard 4, Sections III.G & H.

250

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

251

Notes of delegation member

252

253

on conversation with Lt.
(b)(6)

Notes of delegation member
on conversation with Lt.(b)(6), (b)(7)c Broadview is the central
processing center for immigration detainees.

Notes of delegation member
officer).

(b)(6)

on conversation with Lt.

22

(McHenry facility’s classification

are housed on separate floors (females are on the second floor, males are on the third floor of the
facility).255 ICE detainees are not housed with the general inmate population.256
The McHenry Detainee Handbook notes that “[a]ll detainees are classified upon
arrival,”257 and details the three Levels of classification. Level One classification applies to
detainees without any convictions for violent felonies.258 Detainees classified at Level Two
cannot have a “pattern or history” (both terms are further defined) of violent assaults, whether
convicted or not.259 Level Three classification applies to detainees who are considered in a
“high-risk category.”260 Detainees referred to the classifications either by number261 or by
color.262 The McHenry Detainee Handbook states that blue wristbands are for Level 1 detainees,
orange for Level 2, and a red for Level 3.263 One detainee indicated that his classification was
“red,” and that he lived with “red and orange” detainees,264 indicating that the MCACF houses
its highest risk detainees with lower-risk detainees.
ICE Deportation Officer(b)(6), (b)(7)cstated that a detainee is classified at Broadview based
primarily on his or her criminal history and escape attempts, with consideration given to the
detainee’s efforts at cooperation and any special medical conditions.265 He also referenced a
“worksheet” which is used to aid the classification of detainees.266 MCACF’s classification
officer noted that detainees are evaluated for re-classification if they have been at the facility for
between 45 and 60 days, or if there have been any problems.267
Facility staff indicated that appeals regarding classification go through Broadview,
and noted that the Facility will not re-classify a detainee unless ICE so orders.268 However, ICE
254

Notes of delegation member

on conversation with Lt

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

(b)(6)

255

Notes of delegation member
on conversation with Lt.
notes of delegation member
(b)(6)
on conversation with Lt.(b)(6), (b)(7)c
(b)(6), (b)(7)c

256

(b)(6)
Notes of delegation member
on conversation with Lt.
(b)(6)
on conversation with Lt.(b)(6), (b)(7)c

257

McHenry Detainee Handbook at 7.

258

McHenry Detainee Handbook at 7.

259

McHenry Detainee Handbook at 7.

260

McHenry Detainee Handbook at 7.

261

Notes of delegation members
delegation members

notes of delegation member

, on interview with detainee (b)(6), (b)(7)c ; Notes of
on interview with detainee
(b)(6), (b)(7)c

(b)(6)
(b)(6)

262

Notes of delegation members

263

McHenry Detainee Handbook at 22.

264

Notes of delegation members

265

Notes of delegation member

on conversation with ICE Deportation Officer

266

Notes of delegation member

on conversation with ICE Deportation Officer

on interview with detainee

(b)(6)

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

.

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

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

267

Notes of delegation member
officer).
268

on interview with detainee

(b)(6)

Notes of delegation member

(b)(6)

on conversation with Lt.

(McHenry facility’s classification

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

on conversation with Lt.

23

.

Deportation Officer Cruz indicated that there is no procedure to appeal a detainee’s
classification.269 The McHenry Detainee Handbook indicates that “[d]etainees may appeal their
classification by submitting a McHenry County Detainee Request Form to Classification.”270
The Handbook indicates that a “detainee must be in custody for a minimum of sixty (60) days
before reclassification.”271 Detainees do not appear to be aware of any appeals process. One
detainee indicated that he was dissatisfied with his classification as a Level 3, but was unaware
of any appellate procedures or whether an appeal was even possible.272 Another Level 3 detainee
also expressed dissatisfaction with his classification, as he has no history of violent crimes (he
has three non-violent felonies on his record).273 This detainee also was unaware of any means of
appealing his classification.274 He noted that there has not been any violence among his group of
Level 3 detainees in the five and one-half months that he has been at the facility.275
G.

Voluntary Work Program

The Standards suggest that all facilities with work programs provide an
opportunity for physically and mentally capable detainees to “work and earn money.”276
Participation must be voluntary, and detainees may not work more than eight hours per day, and
40 hours per week.277
MCACF substantially meets this section of the Standards. The McHenry
Detainee Handbook outlines a voluntary work program for detainees.278 However, the work
program detailed in the McHenry Detainee Handbook is not fully available to ICE detainees.279
The only positions for which ICE detainees are eligible to apply are block or section workers—
workers whose job assignments are general housekeeping duties in their housing block or
section.280 Officer(b)(6), (b)(7)cstated that ICE detainees are not eligible for work outside of their
housing pod because of the expense involved as well as lack of knowledge as to the detainee’s

269

Notes of delegation member

270

McHenry Detainee Handbook at 7.

271

McHenry Detainee Handbook at 7.

272

Notes of delegation members

273

Notes of delegation members

(b)(6)

on conversation with ICE Deportation Officer

terview with detainee

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

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

on interview with detainee
(b)(6)

274

Notes of delegation members

on interview with detainee

275

Notes of delegation members

on interview with detainee

276

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

277

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

278

McHenry Detainee Handbook at 13.

279

McHenry Detainee Handbook at 13 (directing that ICE detainees shall be allowed to work “in the kitchen,
laundry or section. . . .”).

280

Notes of delegation member

(b)(6)

on conversations with Corrections Officers

24

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

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

background and proclivities, both of which are investigated before an inmate at MCACF is
assigned to a work detail outside of the pod.281
Block workers with whom this delegation spoke generally seemed satisfied with
the program.282 Block workers work far less than the maximum eight hours daily or forty hours
weekly.283 Block workers earn the mandated $1.00 daily stipend.284 Block workers are also
eligible for special privileges: extra meal servings285 and additional visitation time.286
Appointment to the position of block worker is accomplished through submission
of a form to the Classification Officer.287 Factors bearing on selection for a position include the
detainee’s initiative and attitude.288 One detainee noted that while he has applied for a block
worker position, he has never been selected.289
H.

Detainee Grievance Procedures

The Standards require that every facility develop and implement standard
procedures for handling formal and informal detainee grievances.290 Translating assistance for
both formal and informal grievances must be provided upon request.291 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.”292 All grievances must receive supervisory review, include guarantees
against reprisal, and allow for appeals.293
MCACF policy appears to meet this section of the Standards. However,
detainees have experienced delays with the handling of their grievances. According to

281

Notes of delegation member

, on conversation with Corrections Officer(b)(6), (b)(7)c
(b)(6)

282

Notes of delegation member
, on conversation with detainee
member
on conversation with detainee (b)(6), (b)(7)c
(b)(6)
283

Notes of delegation member

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

notes of delegation

on conversations with Corrections Officer(b)(6), (b)(7)cand detainee

(b)(6)

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

284

Notes of delegation member

conversation with detainee
(b)(6)

285

Id.; notes of delegation mem

286

Notes of delegation member

287

McHenry Detainee Handbook at 28.

288

Notes of delegation member

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

on conversation with detai
(b)(6)

on conversation with detainee

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

on conversation with Corrections Officer

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

(b)(6)

289

Notes of delegation member

290

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

291

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

292

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

293

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

on conversation with detainee

25

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

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

Facility personnel, most grievances are handled informally.294 If a detainee has a grievance, he
can orally inform the Housing Unit Officer.295 The Housing Unit Officer or the on duty Sergeant
then tries to resolve the grievance within 24 hours.296 The detainees may bypass or terminate the
informal process and proceed to a formal grievance at any time.297
All written grievances are filed through a McHenry County Detainee Request
Form.298 According to the Handbook, a detainee may be provided assistance from another
detainee or facility staff in preparing a grievance.299 Upon completing the form, the grievance is
placed in an envelope, sealed by the Housing Unit Officer and then delivered to the on-duty
Sergeant.300 The on-duty Sergeant reviews all grievances and tries to resolve them within 72
hours.301 The ICE Deportation Officer also reviews the grievances and personally follows up
with detainees.302 The ICE Deportation Officer said most grievances get resolved much faster
than the 72-hour window.303 According to the McHenry Detainee Handbook, if a grievance
cannot be resolved, it is sent to a higher authority.304 The Facility has thirty days to attempt to
resolve the grievance.305 The detainee is supposed to receive a written response to a
grievance.306 The Handbook states that detainees can appeal the resolution of a grievance to the
Jail Administrator.307 Finally, the Handbook also states that the grievance policy prohibits staff
from “harassing, disciplining, punishing, or otherwise retaliating against any detainee for filing a
grievance.”308

(b)(6)

Detainee

The detainees’ experiences with the grievance process are mixed. Detainee
asserted that he fears retaliation from the officers if he files a request.309
(b)(6)
stated that he filed a formal complaint with Sergeant(b)(6), (b)(7)cin February

294

Notes of delegation member

295

Notes of delegation member

296

Notes of delegation member

297

McHenry Detainee Handbook at 21.

298

McHenry Detainee Handbook at 21; Observations of delegation member

299

McHenry Detainee Handbook at 21.

300

McHenry Detainee Handbook at 21.

, on conversation with Lt.
(b)(6)

, on conversation with Lt.(b)(6), (b)(7)c
, on conversation with Lt.

301

McHenry Detainee Handbook, pg. 21; notes of delegation member
Deportation Officer (b)(6), (b)(7)c
302

Notes of delegation member

(b)(6)

(b)(6)

.

on conversation with ICE

on conversation with ICE Deportation Officer
(b)(6), (b)(7)c

(b)(6)

303

Notes of delegation member

304

McHenry Detainee Handbook at 21.

305

McHenry Detainee Handbook at 21.

306

McHenry Detainee Handbook at 21.

307

McHenry Detainee Handbook at 21.

308

McHenry Detainee Handbook at 22.

309

Notes of delegation membe

on conversation with ICE Deportation Officer

(b)(6)

, on conversation with detainee

26

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

(b)(6), (b)(7)c
and has not received a response yet.310 Similarly, detainee
stated she filed a
grievance for the temperature being too low in her cell and has not received a response yet.311
However, according to detainee (b)(6), (b)(7)c the ICE Deportation Officer responds to
complaints often and quickly.312

I.

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.”313 Each facility holding ICE detainees must
have a detainee disciplinary system which has “progressive levels of reviews, appeals,
procedures, and documentation procedures.”314 The disciplinary policy must clearly define
detainees rights and responsibilities, and any disciplinary action taken must not be capricious or
retaliatory.315 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.”316 Officers who witness a prohibited act must prepare and submit
an incident report.317 In addition, the Standards provide that all incident reports filed by officers
must be investigated within twenty-four hours of the incident.318 The detainee handbook must
notify detainees of specific rights, including the right to protection from abuse, harassment, and
discrimination.319
MCACF does not fully meet this section of the Standards: incident reports are
not always required and, according to one report, punishment may be excessive. The
McHenry Detainee Handbook outlines the disciplinary policy of the facility.320 Facility staff said
they try to encourage the informal resolution of a disciplinary problem whenever possible.321
During the disciplinary process, assistance is provided to the detainee (i.e., translator if the
detainee does not speak English).322

310

Notes of delegation member

311

Notes of delegation member

(b)(6)

on conversation with detainee

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

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

(b)(6)

312

Notes of delegation member

313

Detention Operations Manual, Security and Control, Standard 5, Section I.

314

Detention Operations Manual, Security and Control, Standard 5, Section III.A.1.

315

Detention Operations Manual, Security and Control, Standard 5, Section III.A.1 & A.2.

316

Detention Operations Manual, Security and Control, Standard 5, Sections III.A.2 and III.A.3.

317

Detention Operations Manual, Security and Control, Standard 5, Section III.B.

318

Detention Operations Manual, Security and Control, Standard 5, Section III.B and III.C.

319

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

320

McHenry Detainee Handbook at 16.

321

Notes of delegation member

322

on conversation with detaine

on conversation with Lt.
(b)(6), (b)(7)c

(b)(6)

Notes of delegation member

on conversation with Lt.

27

There are two levels of severity for prohibited acts: a minor violation or major
violation.323 The McHenry Detainee Handbook has a partial list of minor violations that include:
use of abusive language, failure to comply with any order, gambling, possession of contraband,
and horseplay.324 Punishments for minor violations include: warning, restriction to cell for
twenty-three hours per day for up to three days (called an “in-section sanction”), loss of one or
more privileges for up to three days, and change in work assignment or living quarters.325 All insection sanctions are reviewed and approved by a Command Officer for fairness and
impartiality.326 The on-duty Sergeant reviews all minor violation sanctions.327 According to the
Handbook, no “Notice of Rule Violation” is required for minor violations, and detainees are
verbally notified of their sanctions.328 Corrections Officer(b)(6), (b)(7)cstated that minor violations never
result in corporal punishment, deviations from normal food services, deprivation of clothing,
bedding, or items of personal hygiene or deprivation of correspondence privileges.329
The second level of severity is a major violation which includes: attempted murder,
arson, assault or battery, fighting, attempting to escape, and indecent exposure.330 The likely
punishments for a major rules violation include criminal prosecution, segregation for up to
fifteen days, and loss of privileges for up to fifteen days.331 Corrections Officer(b)(6), (b)(7)creferred us
to the McHenry Detainee Handbook for an outline of the due process procedures for a major
violation.332 When a major violation is committed, the detainee is served with a “Violation of
Rules Form” within 72 hours of discovery of the alleged violation.333 This report is turned over
to the Disciplinary Board who then investigates the charges.334 A hearing is held within eight
days of the incident where the detainee can address the Board and have witnesses appear.335 The
detainee can appeal the decision of the Board to the Jail Administrator within three days of
receiving the Board’s findings.336

323

McHenry Detainee Handbook at 16.

324

McHenry Detainee Handbook at 16-17.

325

McHenry Detainee Handbook at 17.

326

McHenry Detainee Handbook at 17.

327

McHenry Detainee Handbook at 17.

328

McHenry Detainee Handbook at 17.

329

Notes of delegation member

330

McHenry Detainee Handbook at 18.

331

McHenry Detainee Handbook at 18-19.

332

Notes of delegation member

333

McHenry Detainee Handbook at 18.

334

McHenry Detainee Handbook at 19.

335

McHenry Detainee Handbook at 19-20.

336

McHenry Detainee Handbook at 20.

(b)(6)

on conversation with Lt.
(b)(6), (b)(7)c

(b)(6)

on conversation with Lt.

28

The McHenry Detainee Handbook notifies the detainees of the disciplinary
process, the prohibited acts and disciplinary severity scale, and the appeals procedure.337 In
addition, the McHenry Detainee Handbook notifies detainees of the facility’s rules of conduct
and the sanctions imposed for the violation of these rules.338 Finally, a later section of the
Handbook advises detainees of their “right to protection from personal abuse, corporal
punishment, unnecessary or excessive use of force, personal injury, disease, property damage,
and harassment,” and of their “right of freedom from discrimination based on race, religion,
national origin, sex, handicap, or political beliefs.”339
(b)(6)
Detainee
described one incident in which he felt the disciplinary
process was “capricious or retaliatory.”340 In February 2006, he was taken to his court hearing
and brought chapstick with him that he purchased through the commissary.341 Upon re-entry to
the facility, a guard took his chapstick saying it was contraband.342 When Mr. (b)(6) protested,
the guard told him, “if you keep on asking me, I’m gonna lock you down.”343 Mr. (b)(6) was
then put in segregation for three days.344 According to the McHenry Detainee Handbook,
segregation is only a punishment for a major violation.345 Mr. (b)(6) did not get a hearing or a
written report of his charges.346 Mr. (b)(6) says he would have appealed the punishment if he
knew how, but he did not.347 Although the appeals procedures are explained in the current
Handbook, which was revised in 2006, we do not know whether the information was included in
the previous handbook or would have been available to detainees at the time of Mr. (b)(6)
discipline.348

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.349
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
337

McHenry Detainee Handbook at 16-20.

338

McHenry Detainee Handbook at 16-20.

339

McHenry Detainee Handbook at 23, 24.

340

Notes of delegation member

on conversation with detaine

341

Notes of delegation member

on conversation with

342

Notes of delegation member

343

Notes of delegation member

on conversation with

344

Notes of delegation member

on conversation with detainee

345

McHenry Detainee Handbook at 18.

346

Notes of delegation member

347

Notes of delegation member

(b)(6)

on conversation with

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

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

on conversation with detainee
(b)(6)

348
349

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

on conversation with detainee

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

29

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.”350 Moreover, a facility’s staff shall make “all reasonable
efforts to accommodate” special food services required by a detainee’s particular religion.351
Detainees in confinement must also be permitted to participate in religious practices, consistent
with the safety, security, and orderly operation of the facility.352
MCACF substantially meets this section of the Standards, although no
ornaments of religion are allowed, including religious headwear. According to the McHenry
Detainee Handbook, all detainees at MCACF “shall have access to religious resources,
instruction, and counseling on a voluntary basis,”353 and MCACF strives to provide “religious
services conducted by members of various religions.”354 According to facility staff, these
opportunities exist for members of all faiths, regardless of whether or not the faith is
mainstream.355 Muslim detainees are allowed to pray daily, and MCACF provides extra towels
to be used as prayer rugs.356 Generally, detainees are allowed “one (1) softbound Religious book
of [the detainee’s] specified religion.”357 No jewelry is permitted,358 including any religious
jewelry.359 Detainees may not retain most personal property,360 including sacred ornaments and
headwear.361
At MCACF, “[a]ll clergy visits must be cleared through the Jail Chaplain’s
Office.”362 Detainees have been visited by the chaplain363 or participated in group meetings with
outside clergy.364 Detainees can also request assistance from or a meeting with the MCACF
chaplain by completing the Detainee Request Form.365

350

Notes of delegation member

351

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

352

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

353

McHenry Detainee Handbook at 13.

354

McHenry Detainee Handbook at 13.

355

Notes of delegation member

(b)(6)

on conversation with detainee

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

on conversation with Lt.
(b)(6), (b)(7)c

(b)(6)

356

Notes of delegation member

357

McHenry Detainee Handbook at 4. One detainee requested a Koran, and the text was
(b)(6)
Notes of delegation member
on conversation with detainee

on conversation with Lt.

358

McHenry Detainee Handbook at 5

359

Notes of delegation member

360

McHenry Detainee Handbook at 6.

361

Notes of delegation member

362

McHenry at Detainee Handbook at 13, 15.

363

Notes of delegation member

364

Notes of delegation member

365

(b)(6)

(b)(6)

on conversation with Lt.
(b)(6), (b)(7)c

on conversations with Lt.

Observations of delegation member

and detainee

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

on conversation with detainee

(b)(6)
(b)(6)

m in English.
(b)(6), (b)(7)c

on conversation with detainee
(b)(6)

30

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

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

MCACF has made efforts to accommodate the dietary requirements of various
religions. MCACF uses no pork products.366 Detainees note that they are able to observe holy
days, religious fasts,367 and dietary restrictions.368
K.

Special Management Unit

The Standards suggest that each facility establish a Special Management Unit
(“SMU”) that will isolate certain detainees from the general population.369 A detainee may be
placed in disciplinary segregation only by order of the Institutional Disciplinary Committee, after
a hearing in which the detainee has been found to have committed a prohibited act.370 Recreation
shall be provided to detainees in disciplinary segregation in accordance with the “Recreation”
standard.371 Access to legal material shall remain open and requests for access shall be
accommodated no more than twenty-four hours after receipt of the initial detainee request.372
Similarly, access to the law library shall be granted to detainees in segregation, and access by
request only is an option.373 Detainees in disciplinary segregation shall not be denied legal
visitation.374 Detainees in segregation shall have the same correspondence privileges as
detainees in the general population.375
McHenry County Adult Corrections Facility substantially meets this section of
the Standards. Segregated detainees remain in the SMU twenty-three hours a day. 376 A
segregated detainee is permitted to leave his/her cell for one hour each day when he/she can
engage in solitary recreational activities in either one of the recreation rooms or the Pod space
surrounding the SMUs. 377 As noted above, the MCACF does not have any outdoor recreation
areas or any fixed or movable equipment within its recreation areas.378 There is also no fixed or
366

McHenry Detainee Handbook at. 9.

367

(b)(6)
Notes of delegation member
on conversation with Lt. Cox (noting that the MCACF allows
detainees to observe Ramadan and alters meal times accordingly).

368

(b)(6), (b)(7)c
Notes of delegation member
on conversation with detainee
(noting that he recalls
(b)(6)
special meals served during Lenten Fridays and Holy Week). A box of frozen kosher food from “My Own Meal”
was stored in the kitchen, demonstrating the availability of kosher meals at MCACF. Observations of delegation
member
notes of delegation member
, on conversation with
(b)(6)
(b)(6)
(b)(6)
kitchen supervisor at MCACF.

369

Detention Operations Manual, Security and Control, Standard 14, Section I.

370

Detention Operations Manual, Security and Control, Standard 14, Section III.A.

371

Detention Operations Manual, Security and Control, Standard 14, Section III.D.13.

372

Detention Operations Manual, Security and Control, Standard 14, Section III.D.15.

373

Detention Operations Manual, Security and Control, Standard 14, Section III.D.15.e.

374

Detention Operations Manual, Security and Control, Standard 14, Section III.D.17.

375

Detention Operations Manual, Security and Control, Standard 14, Section III.D.18.

376

Notes of delegation member

on conversation with Lt.
(b)(6)

377

Notes of delegation member

378

Observations of delegation member

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

on conversation with Lt.
(b)(6)

31

movable equipment in the segregation Pods.379 Thus, segregated detainees have the same access
to recreation that non-segregated detainees have for one hour a day, but this access does not
satisfy the Standards.380
Detainees in segregation are permitted to make legal phone calls and make trips to
the law library upon request, assuming there are no other detainees in the library.381 Detainees in
segregation are also allowed to receive and send mail and to visit with attorneys.382
L.

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.”383 The Standards suggest that scheduled weekly visits be conducted by ICE
personnel.384 Additionally, ICE officers must conduct regular unannounced (not scheduled)
visits.385 The Standards also require that facilities provide detainees the opportunity to resolve
informal grievances by submitting written questions, requests, or concerns to ICE staff.386 These
requests shall be delivered to ICE staff by authorized personnel (not detainees) without reading,
altering, or delay.387 All facilities must have written procedures to route detainee requests to the
appropriate ICE official and must provide assistance to detainees who are “disabled, illiterate, or
know little or no English.”388 All requests shall be recorded in a logbook specifically designed
for that purpose.389 Finally, notice of the opportunity to submit written question, request, or
concerns to ICE staff and the procedures for doing so must be included in the detainee
handbook.390
MCACF meets this section of the Standards. ICE Deportation Officer (b)(6), (b)(7)c
has an office on the first floor of the facility, and he is at the facility three or four days a week.391
A flyer posted in each Pod notifies detainees that Officer(b)(6), (b)(7)cchedules weekly detainee

379

Observations of delegation member

380

Observations of delegation member

381

Notes of delegation member

(b)(6)

on conversation with Lts.
(b)(6), (b)(7)c

(b)(6)

382

Notes of delegation member

383

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

384

Detention Operations Manual, Detainee Services, Standard 15, Section III.A.2.

385

Detention Operations Manual, Detainee Services, Standard 15, Section III.A.1.

386

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

387

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

388

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

389

Detention Operations Manual, Detainee Services, Standard 15, Section III.B.2.

390

Detention Operations Manual, Detainee Services, Standard 15, Section III.B.3.

391

Notes of delegation member

on conversation with Lts.

(b)(6)

, on conversation with ICE Deportation Officer

32

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

visitation every Thursday.392 Officer(b)(6), (b)(7)cinformed the delegation that this flyer is outdated, as
he also makes unscheduled visits during other days of the week, since he recently increased the
number of days he works at MCACF.393 Detainees confirmed that they usually see Officer(b)(6), (b)(7)c
on Thursdays, and sometimes during the rest of the week.394
The McHenry Detainee Handbook provides notice of the opportunity to submit
written questions, requests, or concerns to ICE staff by filling out an ICE Detainee Request
Form.395 There are Detainee Request Forms available in English and Spanish in each Pod to file
an informal request with ICE.396 Housing Unit Officers pick up these requests daily and deliver
them to a box outside ICE Deportation Officer (b)(6), (b)(7)c office.397 Officer(b)(6), (b)(7)ckeeps a
logbook of all received requests and his responses.398
Two detainees interviewed by the delegation reported that they were aware of how
to fill out a Detainee Request Form and that their requests were resolved promptly.399
M.

Detainee Handbook

The Standards require that the facility must provide each detainee, upon admittance,
a copy of the detainee handbook or equivalent.400 The handbook also must 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.”401
Other handbook requirements are addressed in Standards including Correspondence and Other
Mail, Detainee Grievance Procedures, Disciplinary Policy, and Staff-Detainee Communication.
MCACF substantially meets this section of the Standards; however, it is unclear
whether the Handbook is provided to all detainees, and a Spanish language version is not
yet available. MCACF has a handbook exclusively for ICE detainees; the current handbook was
issued in May 2006.402 Further, pages twenty through twenty-two contain a detailed explanation

392

Observations of delegation member

393

Notes of delegation member

394

(b)(6)

, on conversation with ICE Deportation Officer

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

(b)(6)

Notes of delegation member

, on interviews with detainee

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

and detainee
(b)(6), (b)(7)c

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

395

McHenry Detainee Handbook at 2.

396

Observations of delegation member
with Detainee (b)(6), (b)(7)c
397
398

(b)(6)

Notes of delegation member

; notes of delegation member

(b)(6)

on conversation with ICE Deportation Officer
(b)(6)

Notes of delegation member

on interview
.
(b)(6), (b)(7)c

on conversation with ICE Deportation Officer

399

Notes of delegation member
, on interview with Detainee
(b)(6)
member
, on interview with Detainee (b)(6), (b)(7)c
(b)(6)

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

400

Detention Operations Manual, Detainee Services, Standard 15, Section III.B.3.

401

Detention Operations Manual, Detainee Services, Standard 15, Section III.B.3.

402

See McHenry Detainee Handbook.

33

.

notes of delegation

of how a detainee may file grievances both within the facility and outside of the facility.403 The
McHenry Detainee Handbook is exhaustive in its scope and contains information on myriad
topics.
Two problems with MCACF’s use of the Detainee Handbook were discovered in
detainee interviews. While our guides informed us that all detainees received a copy of the
handbook upon arrival,404 one detainee stated that she had yet to receive the handbook.405
Further, there is currently no Spanish language version of the handbook, although Deportation
Officer Cruz assured us that one is being created soon.406
N.

Funds & Personal Property

The Standards require that detainees be permitted to retain: small religious items,
religious and secular reading materials (soft cover), legal documents, ten 5x7 pictures,
prescription glasses, dentures, address books and a wedding ring.407 Further, all facilities must
provide for the control and safeguarding of detainees’ personal property, including storage of
funds, valuables, baggage and other personal property.408
MCACF substantially meets this section of the Standards. As noted in previous
sections, all detainees are initially processed at a facility in Broadview where their personal
property is inventoried and remains until either a family member comes to retrieve the items or
the items are returned to the detainee upon release.409 Further, detainees are permitted to keep:
legal papers, religious and secular reading materials, mail addressed to them, prescription
glasses, address books, up to ten non-Polaroid pictures and a wedding band.410 Detainees are
however not permitted to keep any small religious items.411
V.

CONCLUSION
MCACF meets many of the ICE Detention Standards but fails to meet a number of

sections.
Recommendations:

403

McHenry Detainee Handbook at 20-22.

404

Notes of delegation member

(b)(6)

on conversation with ICE Deportation Officer,

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

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

405

Notes of delegation member

on conversation with detainee

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

(b)(6)

406

Notes of delegation member

407

Detention Operations Manual, Detainee Services, Standard 8, Section III.B.

408

Detention Operations Manual, Detainee Services, Standard 8, Section III.C

409

Notes of delegation member

410

Notes of delegation member

411

Notes of delegation member

on conversation with ICE Deportation Officer

on conversation with ICE Deportation Officer
(b)(6)

, on conversation with Lts.
, on conversation with Lts.

34

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

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

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

and Lts.

MCACF should allow legal visits to proceed through meal times and provide
detainees with missed meals afterward. MCACF should allow family visits to last for 30
minutes, rather than the current 15 minutes.
To provide for adequate telephone access for detainees, MCACF should ensure that
detainees may have private telephone conversations with their attorneys, even when the attorneys
do not initiate the call.
To guarantee that inmates have access to proper legal research tools, MCACF
should provide legal reference books (in both English and Spanish) so that detainees may have
an alternative to LexisNexis on the computer. MCACF should also provide detainees with the
option of printing case law and statutes from LexisNexis and to keep personal legal files in their
cells.
To provide for proper group rights presentations, MCACF should post notices to
detainees about the time and place of group rights presentations. The “Know Your Rights” video
should be obtained and shown regularly.
To ensure that detainees have proper access to recreation activities and rooms,
MCACF should allow detainees to use the recreation rooms for one hour a day. Also, the
recreation rooms should contain some fixed or movable equipment so detainees can have greater
access to cardiovascular exercises.
To provide for proper classification procedures to detainees, MCACF should
ensure that there is an appeals process, and instruct detainees on how they can get re-classified.
In order for detainees to have proper access to grievance procedures, MCACF
should shorten its length of response time so that detainees are assured their grievances are being
responded to adequately.
Finally, to ensure that all detainees have proper notice of their rights and the
procedures of MCACF, the McHenry Detainee Handbook should be provided to all detainees
upon arrival, and be available in various languages (including Spanish).

35