INS Detention Standards Compliance Audit - Monmouth County Correctional Institute, Freehold, NJ, 2007

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

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53rd atThird

...................
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885 Third Avenue
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www.lw.com

LATHAM&WATKI N SLLP

MEMORANDUM
September 28,2007

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Washington. D.C.

CONFIDENTIAL

To:
From:
Copies to:

Subject:

John P_ Torres, Director, Office of Detention and Removal, Immigration and
Customs Enforcement
American Bar Association Delegation to the Monmouth County Correctional
Institute 1
Commission on Immigration
Report on Observational Tour ofthe Monmouth County Correctional Institute,
Freehold, NJ

This memorandum summarizes and evaluates information gathered at the Monmouth
County Correctional Institute ("MCCI" or "the facility") in Freehold, New Jersey, during the
delegation's August 1,2007 visit to the facility_ The information was gathered via observation
of the facility by the delegation, interviews with two detainees, and discussions with MCCI 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 spectruin of issues ranging from visitation policies to grievance procedures. These
standards apply to ICE-operated detention centers and other facilities that house immigration
detainees pursuant to a contract or intergovernmental service agreement ("IGSA").
The Detention Standards (the "Standards") went into effect at ICE-operated detention
facilities on January 1,2001. ICE intended to phase in the Standards at all ofits contract and
I

The delegation was comprised
Watkins LLP, J.11"1U.Ullll>

Effective
ceased to exist as an agency of the Department of Justice. The INS' immigration
enforcement functions were transferred to InmJigration and Customs Enforcement e'ICE"), a division of the newlycreated Department of Homeland Security ("DHS").

LATH AM& W AT K I~N SLLP
IGSA facilities by December 31, 2002. The Standards constitute a floor rather than a ceiling for
the treatment of immigration detainees. In other words, they are designed to establish the
minimum requirements to which ICE must adhere in its facilities. Each Field Office or Officerin-Charge has discretion to promulgate polices and practices affording ICE detainees more
enhanced rights and protections, beyond those provided for by the Standards.

ll.

INTRODUCTION
The Delegation's Visit, August 1,2007

several

On Wednesday, August 1,2007, in Freehold, NJ, the members of our delegation met with
ICE

tour of the facility.
Our report is based on the discussions we had with these MCCI and ICE employees, as
well as observations of the facility and interviews with two immigration detainees. In many
instances, the detainees' reports were compatible with statements made by facility personnel and
our observations. In such cases, the delegation was able to determine more accurately whether
MCCI policy arid procedures successfully meet the Standards. However, in certain instances, the
detainees' reports conflicted with statements made by facility personneL Where we were unable
to reconcile the conflicting reports, the delegation was unable to determine conclusively whether
the Standards are being met.

General Information About the Monmouth County Correctional Institute
The Monmouth County Correctional Institute houses federal immigration detainees
according to an intergovernmental service agreement ("IGSA") with ICE. According to the
MCCI personnel, the Facility has the capacity to hold 1,328 individuals. MCCI has a current
population of 1,296 inmates, 147 of whom are immigration detainees. MCCI houses mostly
estimated that eleven women were housed
males. At the time of our visit, the
the delegation that the facility housed
there. Warden Frazier and Officer
immigration detainees from many
countries but could not state with
.
country was the most represented amongst the detainee popUlation.
many of the MCCI's detainees are Spanish speakers. W
ofICE detainees stay at MCCI between 60 and 90 days.

ID.

LEGAL ACCESS STANDARDS
A. Visitation

1. Visitation by Attorneys

LATHAM&WATKINSup

The Standards require that facilities permit legal visitation seven days per week?
Attorneys should have access to their clients eight hours per day during the week and four hours
per day during the weekend. 4 The visits must be private. 5 Detention centers should permit visits
from attorneys, other legal representatives, legal assistants, and interpreters.6
MCCI meets this section of the Standards. The MCCI Inmate Handbook provides that
"members of the Clergy, Religious Leaders, and Attorneys shall be allowed to visit their clients
as frequently as necessary.,,7 Detainees may meet with their attorneys for eight hours per day
during weekdays if necessary, and on the weekends. 8 There are approximately six private
attorney visitation booths, including two booths for detainees to connect remotely with
courtrooms for hearings. 9
2. Visitation by Family and Friends
To maintain detainee morale and family relationships, the Standards encourage visits
from family and friends. JO The Standards require thatfacilities establish written visitation hours
and procedures, post them where detainees can see them, and make them available to the
publicY 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.12 Visits should be at least thirty minutes long, and longer when possible.1 3
MCCI meets this section of the Standards. The visitation schedule is clearly posted at
the entrance to the facility.14 Visiting hours are as follows:
Wednesday
12:00 -8:00 p.m.
Registration 12:15 - 1:30 p.m~ Male Visits (A-L)
1:45 - 3:00 p.m. Male Visits (M-Z)
3:30 - 4:00 p.m. Female Visits (A-Z)
Contact Visits 5:00 - 7:00 p.m.

DetentionOperations Manual, Detainee Services, Standard 17, Section III.1.2.

Detention Operations Manual, Detainee Services, Standard 17, Section III.1.2.

Detention Operations Manual, Detainee Services, Standard 17, Section III.1.9.

DetentionOperations Manual, Detainee Services, Standard 17, Section III.1.3.

MCCI Inmate Handbook, Section I{E)(7).

8 Notes
9

of delegation m e m b e _ conversation with

Observations of delegation

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

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

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

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

Obs~rvations of delegation

LATHAM&WATKI NSLLP

Thursday
12:00 - 8:00 p.m.
Registration 1:45 - 3:00 p.m. Male Visits (M-Z)
3:30 - 4:00 p.m. Male Visits (A-L)
12:15 - 1:30 p.m. Female Visits (A-Z)
Protective Custody 5:00 -7:00 p.m.
Friday
8:00 a.m. - 4:00 p.m.
Registration 8:30 a.m: - 12:00 p.m. Contact Visits
12:30 - 3:00 p.m. Protective Custody, ADSEG Visits (A-Z)
Saturday
8:00 a.m. - 4:00 p.m.
Registration 8:00 - 9:30 a.m. Male Visits (A-L)
10:30 - 11 :30 a.m. Male Visits (M-Z)
11 :30 - 12:00 p.m. Female Visits (A-Z)
Contact Visits 1:00 - 3 :00 p.m.
Sunday
8:00 a.m. - 4:00 p.m.
Registration 11:30 - 12:30 p.m. Male Visits (M-Z)
10:30 -11:30 a.m. Male Visits (A-L)
8:00 - 9:30 a.m. Female Visits (A-Z)
15
Contact Visits 1:00 - 3:00 p.m.
There is a conflict between the publicly available visiting hours regulations copied above,
which allow contact visits on Wednesdays and weekends, and the Handbook, which allows for
such visits only on Fridays.16 Visiting hours may be changed with permission ofthe Warden for
special circumstances. 17 The visiting areas appeared spacious and clean, with a relatively large
number of seats for visitors and inmates. 18
According to the schedule above, each detainee may receive up to five visitors for fifty
minutes. 19 Contact visits are available for inmates who have been in the facility ninety days?O
Minors may also visit the facility if accompanied by an adult.21

1Il1lmnaUl:m

also available at

MCCI Iiunate Handbook, p. S.

MCCI Inmate Handbook, p. 9.

Observations of delegation member

MCCI Inmate Handbook, p. 7; notes of delegation

Notes of delegation member • • • •

'Il'••

• • • on interview with detainee"

on conversation with Sherifflll!l

LATHAM&WATKI NSLLP

Inmates may leave the facility to attend a bedside visit or funeral of a sick relative, as
defined in the Handbook, if a court order is ohtained.22
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?3 In order to meet this
requirement, facilities must provide at least one telephone for every twenty-five detainees?4 The
Standards also require that telephone access rules be provided in writing to each detainee upon
admittance, and that the rules be posted where detainees may easily see them?S
MCCI meets this section of the Standards. Each male housing unit has its own set of
phones, providing approximately one phone per nine detainees?6 The telephones are accessible
during open dayroom periods, between the hours of 9:00 a.m. and 9:00 p.m?7 The one female
housing unit had three phones, also accessible between the hours of9:00 a.m. and 9:00 p.m~
(female detainees are housed with female inmates of the appropriate classification in a
dormitory-style unit).28
.
In the male and female housing units, telephone usage rules and instructions regarding
usage of the phones are posted on a bulletin board approximately twenty feet from the phones.
These instructions appeared to be in English only.29 The ~hone numbers oflocal consulates and
legal service organizations are also posted on this board.3

2. Direct Calls and Free Calls
The Standards allow facilities to generally restrict calls to collect calls;31 however, the
facility must permit detainees to make direct calls to the local immigration court and the Board
ofImmigration Appeals, federal and local courts, consular officials, legal service providers,
government offices, and to family members in case of emergency. 32 The facility shall not .
21

MCCI Inmate Handbook, p, 9.

MCCI Inmate Handbook, p.9.

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

Detention Operations Manual, Detainee Services, Standard 16, SectionIII.C.

25Detention Operations Manual, Detainee Services, Standard 16, Section IILB.
26

Observations of delegation member
There are eight phones available in each male detainee
housing unit, with approximately l36 male detainees split between the two housing units.

Notes of delegation membeI

Notes of delegation member
(tJ)(6)
member

29. Observations

ii@
on conversation with Officer

of delegation

Observations of delegation

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

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

observations of delegation

LATHAM&WATKI NSLLP

require indigent detainees to pay for these types of calls iflocal, nor for non-local calls if there is
a compelling need: 33 In addition, the facility "shall enable all detainees to make calls to the
[IeEJ-provided list offree legal service providers and consulates at no charge to the detainee or
. .
,,34
th e recelvmg party.
.
.

MCCI does not meet this section of the Standards: only one legal service provider
may be reached free of charge. The detainee housing unit contained a bulletin board with a list
of pre-programmed telephone codes for placing direct, free-of-charge calls to local consulates,
immigration courts and the Legal Aid Society.35 However, though the numbers for local legal
service providers other than the Legal Aid Society are posted, they do not have a preprogrammed telephone code and thus
are required to call collect or use a pre-paid
36
stated that they do not have such codes for those
calling card to contact them.
other service providers because ''those numbers are constantly changing" and it would require
too much work to update the pre-programmed codes accordingl~.37 The delegation observed
one pre-programmed call to a consulate. 8 According to Sergeant
detainees are able to arrange inter-facility telephone calls to immediate family
members through the facility's leE representative, who coordinates the call with MeeI's socia:!
services department. 39 The delegation was not able to verify whether detainees are able to make
such calls in practice.
3. Telephone Access to Legal Representatives
The Standards provide that the facility shall not restrict the number of calls a detainee
places to his/her legal representatives, nor limit the duration of such calls by automatic cutoff,
unless necessary for security purposes or to maintain orderly and fair access to telephones. 4o If
time limits are necessary, they shall be no shorter than twenty minutes. 41 The Standards require
that the facility ensure privacy for detainees' telephone calls re~arding legal matters, and that
.
calls shall not be electronically monitored absent a court order. 2

MCCI does not meet this section of the Standards: the facility does not enable
detainees to make private legal calls, and all calls are recorded. The facility imposes no time
limitation on outgoing telephone calls made by detainees.43 However, detainees are unable to
33 Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
34 Detention Operations Manual, Detainee Services, Standard 16, Section IILE.
notes of delegation member . .
36 Notes of delegation
37Notes of delegation
38 Observations of delegation
39 Notes of delegation member
40

n conversation with Sgt.

111M'.'

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

41 Detention Operations Manual, Detainee Services,Standard 16, Section III.F.
42 Detention Operations Manual, Detainee Services, Standard 16, Section lIU.
43 Notes of delegation member • •!I;!;,. . . . on conversation with S g t . " .

LATHAM&WATKINSLLP

make private telephone calls, because the phones where detainees make outgoing calls are all
are out in the open,
located in the public dayrooms with no privacy safeguards.44 The
and there are no p~itions.45 Moreover, a~cording to Sgt
. . aillhone conv~rsations
made on the outgomg phones are automatIcally recorded by the faCIlIty. When placmg
outgoing calls, a pre-recorded message informs detainees that the call "may be" monitored or
recorded, though according to SgtW'ii'''they are always recorded, without exception.47
There is no procedure in place that allows detainees to make a telephone call that is not
recorded.48 One detainee reported that a MCCI employee monitoring a call she made to a family
member actually spoke to her on the telephone line during her conversation and then
disconnected her call.49

.W,M

According to Sgt.
there are no opportunities at MCCI for detainees to have
private phone calls with attorneys, even if the calls are initiated by an attorney representing a
detainee and are set up in advance. 50

4. Incoming Calls and Messages
The Standards require that facilities take and deliver messages from attorneys and
emergency incoming telephone calls to detainees as promptly as possible. 51 If the facility
receives an emergency telephone call for a detainee, the Standards suggest that the facility obtain
the caller's name and number and permit such detainee to return the emergency call as soon as
possible.52
MCCI does not meet this section of the Standards. According to staff, incoming
phone calls and messages are generally not accepted at MCCI, with the ex.tion of
emergency -telephone calls or in other limited circumstances. sgtMUiiJiCexplained to
the delegation that the facility does not accept any incoming telephone calls, except in the case of
a family emergency or in other limited circumstances to be determined at the facility's
discretion. 53 In the case of a family emergency, one ofMCCl's social workers refers the call to
the appropriate detainee and provision is made for the detainee to receive or return the call at the
social worker's office. 54 The facility generally does not accept incoming phone calls and
44

Observations of delegation

45 Observations of delegation
46Notes of delegation
47

Notes of delegation

49 Notes

of delegation

Notes of delegation member

conversation with Sgt.

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

52 Detention Operations Manual, Detainee Services, Standard 16, Section IILL
detainees alluded to
member.'.
54

Notes of delegation

LATHAM&WATKINSup
messages from attorneys; instead, detainees must periodically make outgoing calls to their
attorneys or receive legal communications via mai1.55

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
.
56
. cond·ItlOns.
secunty
.
MCCI does not fully meet this section of the Standards: detainees in the SMU only
have access to a telephone for one hour per day. Detainees at MCCI placed in the SMUfor
disciplinary reasons have access to a cordless telephone handset which they can use to make
collect calls or calls with a personal calling card. 5 However, the facility limits use of this
portable phone to one hour per day, even in the absence of compelling security conditions. 58 .
Insofar as the Standards require that telephone calls to legal representatives shall not be limited
in number or duration "unless necessary for security purposes or to maintain orderly and fair
access to telephones,,,59 MCCl's one hour time limit for detainees in disciplinary segregation,
regardless of security concerns, does not meet the Standards.
C. Access to Library and Legal Material
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.,,6o
1. Library Access
The Standards suggest that each facility shall have a flexible schedule for law library use
that permits all detainees, regardless of housing or classification, to use the law library on a
regular basis.61 Each detainee shall be permitted to use the law library for a minimum of five
.
hours per week.62
.
MCCI does not fully meet this section of the Standards: detainees are generally only
permitted to use the library for three hours and twenty minutes 8er week. MCCI permits
all detainees to use the law library, regardless of their classification. MCCI does not, however,
meet the time allotments suggested in the Standards. Detainees at MCCI have access to the law
on conversation with Sgt. _MlitiM

Notes of delegation member

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

Notes of delegation

on conversation with

Notes of delegation

on conversation with

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

i;o

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

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

Notes of delegation member

conversation with

LATHAM&WATKI NSu.p

library for only three hours and twenty minutes per week (fifty minutes on Sundays and two
hours and thirty minutes on Thursdays).64 Detainees who are in disciplinary detention have
access to the law library for only three hours and twenty minutes per week (one hour and forty
minutes on Mondays and fifty minutes on Tuesdays and Wednesdays).65 Occasionally, detainees
66
may return to the law library outside of their normally scheduled hours. This "call back" time
is scheduled for five hours and fifty minutes per week (fifty minutes on Sundays through
Thursdays and two hours and thirty minutes on Thursdays).67
2. Library Conditions
The Standards require that a facility provide a law library with sufficient space to
68
facilitate detainees' legal research and writing. Furthermore, it must be large enough ''to
provide reasonable access to all detainees who request its use. It shall contain a sufficient
number of tables and chairs in a well-lit room, reasonably isolated from noisy areas.,,69

MCCI meets this section ofthe Standards. MCCI provides a law library that is well-lit
and has ample space?O There are numerous tables and chairs along the perimeter of the library,
as well as additional tables and chairs in the center ofthe room. 7! The law library is located in
an enclosed area that is free of distractions and noise.72

3. Materials Identified in the Detention Standards
The Standards require that all facility law libraries contain the materials listed in
73
Attachment A to the chapter on Access to Legal Materials. 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?4 Damaged or stolen materials
75
.
must be promptly replaced.

MCCI does not meet this section of the Standards: most of the legal materials
required under the Standards are not accessible to detainees. The Standards state that
facilities shall provide: United States Code, Title 8, Aliens and Nationality; Code ofFederal

MeeI Law Library Schedule.

Notes of delegation

MeeI Law Library Schedule.

on conversation with Sgt. . . .

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

Observations of delegation member

Observations ofdelegation member

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

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

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

LATHAM&WATKI NSL1.P

Regulations, Title 8, Aliens and Nationality; Bender's Immigration and Nationality Act Service,Bender's INS Regulation Service,- Administrative Decisions Under Immigration and Nationality
Laws,- Immigration Law and Defense,- Immigration Law and Crimes,-. Guide for Immigration
Advocates,- Country Reports on Human Practices,- Human Rights Watch - World Report,UNHCR Handbook on Procedures and Criteria for Determining Refogee Status,- Considerations
for Asylum Officers Acijudicating Asylum Claims for Women,- Immigration and Naturalization
Service Basic Law Manual; Lawyer's Committee Handbook on Representing Asylum Applicants,Federal Civil Judicial Procedures and Rules,- Legal Research in a Nutshell,- Legal Research &
Writing_- Some Starting Points,- Spanish-English LaW Dictionary,- Director;:, ofNonprofit
Agencies that Assist Persons in Immigration Matters and telephone books_ 6 However, none of
these sources are available in the law library at MCCL 77
When asked about these materials, Sgt.
that all immigration materials
could be found "on the wall at the back" ofthe library. Delegation members inspected all
bookshelves in the library, though, and could not locate the sources.79 Sgt. . . . .hen
stated that the immigration materials could be found on aLexis N exis CD-ROM loaded into all
of the library computers. 80 There were four computers in the library; three had signs taped over
them reading "For Library Personnel, No Inmate Use.,,81 The one com.uter not so designated
82
did not have the Lexis Nexis CD-ROM software uploaded. Sgt_M.¥ $;When attempted to
locate the software on one of the computers designated for library personnel use. 83 The CDROM was not loaded on that computer, either_ 84 Two inmates using one of the other library
personnel computers were able to open the Lexis-Nexis software, but a search of its contents
revealed that it did not store immigration decisions from the Board ofImmigration Appeals and
Judges as well·as the other source materials listed above. When asked about it, Sgt
was unable to provide an answer_ 85
.
The law library supervisor checks for damaged and missing materials_ 86 The law library
updates its materials yearly, including adding inserts for certain materials. 87

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

Observations of delegation memb,ersl• • • •

Notes of delegation member

Observations of delegation me:mblersl• • • • • • • • • • • • • • • • • • • • •iand

Notes of delegation membe• • • • • • •on conversation with Sgt . . . .

conversation with Sgt.•ti)It.¥liM

"iW

Notes of delegation

LATHAM&WATKI NSLLP
4. Library Equipment and Supplies
The Standards require that facility law libraries provide an adequate number of
typewriters andlor computers, writing implements, paper, and office supplies to enable detainees
to prepare documents for legal proceedings. 88 Staff must inspect at least weekly to ensure
equipment is in working order and to stock sufficient supplies. 89 In addition, indigent detainees
must be provided free envelopes and stamps for legal mai1. 90
MCCldoes not appear to fully meet this section of the Standards: providing only
one computer for use by 1,296 inmates and detainees does not appear adequate. MCCI has
four computers and three typewriters, though three of those computers are designated for "library
personnel" use. 91 However, two inmates were using one such comRuter during the delegation's
tour.92 Pens and paper are available to the detainees upon request. 3 Detainees may buy stamps
at face value, or, ifthe detainee is indigent, the stamps and envelopes are provided for free. 94
The law library supervisor makes sure that all of these supplies are stocked and available.95
5. Photocopies
The Standards provide that each facility shall ensure that detainees can obtain
photocopies of legal materials, when such copies are reasonable and necessary for legal
proceedings involving the detainee.96 Enough copies must be provided so that a detainee can
97
fulfill court procedural rules and retain a copy for his records. Facility personnel may not read
a document that on its face is clearly related to a legal proceeding involving the detainee.98
MCCI meets this section ofthe Standards. Detainees at MCCI may have copies made
for $0.10 per page.99 If a detainee is indigent, the copies are free. loa There is no limit to the
number of copies a detainee may request, unless the number seems excessive to the law library
supervisor. 101

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

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

Observations of delegation

Observations of delegation lUw!UlIw!"

Notes of delegation

Detention Operations

and

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

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

Notes of delegation

100

Notes of delegation

conversation with

101

Notes of delegation

conversation with

LATHAM&WATKI N SLLP

6. 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
. ns
. k .102
secunty

MCCI meets this seCtion of the Standards. Detainees are allowed to assist other
detainees with research at their own Will.103
7. Notice to Detainees
The Standards require that the detainee handbook provide detainees with the rules and
. access to IegaI matena
. I s. 104
procedures govemmg

MCCI does not meet this section of the Standards: the Handbook does not specify
the rules and procedures for utilizing the law library or for obtaining legal materials.lOs
The Handbook only says that law books are available in the law library and that detainees are
allowed to use the law library. 106
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 ofU .S.
immigration law and procedures, consistent with the security and orderly operation of each
facility."lo7 Informational posters are to be prominently displayed in the housing units at least
forty-eight hours in advance of a scheduled presentation. 108 While the presentations are open to
all detainees, the facility "may limit the number of detainees at a single session.,,109 "The facility
shall select and provide an environment conducive to the presentation, consistent with
security.,,110 In addition, detainees shall have regular opportunities to view an "INS-approved
videotaped presentation on legal rights."lII

MCCI does not fully meet this section of the Standards: there is no legal rights video
shown at the facility on a regular basis. According to MCCI personnel;legal rights
presentations take place whenever an organization requests to make such a presentation. I 12
102 Detention

Operations Manual, Detainee Services, Standard 1, Section III.Q.

103

Notes of delegation

104

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

conversation with Sgt.'• •

105

MCCI Inmate Handbook, pp. 18-19.

106

MCCI Inmate Handbook, pp. 12, 18.

107

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

108

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

109

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

110

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

111

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

112 Notes

of delegation m e m b e _ n conversation with Lt. '. . .

LATHAM&WATKI NSLLP

These presentations are announced in the living area,l13 or a sign-up sheet is passed around to the
detainees. 114 Any detainee may attend these presentations, which are often held in a
classroom. 115 There is no ICE-approved videotaped presentation on legal rights available for
detainees to view on a regular basis. 116 One detainee who had been at the facility for two and a
half months and another who had been there for six months both stated that they had never heard
about nor attended any "Know Your Rights'; presentations. 117

OTHER PROVISIONS OF THE ICE DETENTION STANDARDS
A. Correspondence and Other Mail

The Standards require that detainees be allowed to send and receive correspondence in a
timely manner, subject to limitations required for safety, security, and orderly operation of the
facility .118 General correspondence shall normally be opened and inspected for contraband in the
presence of the detainee, but may be opened and even read outside the presence of the detainee if
security reasons exist for doing so.lI9 Special correspondenc~which includes all written
communication to or from attorneys, legal re~resentatives, judges, courts, government officials,
and the news media-is treated differently~ 12 Incoming special correspondence can be
inspected for contraband only in the presence ofthe detainee, but it can never be read or
121
Outgoing special correspondence may not be opened, inspected, or read. 122 .
copied.
The detainee handbook must specify how to address correspondence, the definition of
special correspondence and how it should be labeled, and the procedure for purchasing postage
and rules for providing indigent detainees free postage. 123 The Standards also require that
facilities provide all detainees with writing paper, implements and envelopes at no cost, and
provide indigent detainees with free envelopes and stamps for mail related to a legal matter,
including correspondence to a legal representative, potential representative, or any court.124
Finally, the Standards re?uire th~t facilities notify detainees of specific information regarding
.
correspondence policies. 25

113

Notes of delegation

114

Notes of delegation

117 Notes

of delegation

118

Detention Operations Manual, Detainee Services, Standard 3, Section 1.

119

Detention Operations Manual, Detainee Services, Standard 3, Sections II1.B & E.

120 Detention
121

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

122 Detention
123

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

Detention Operations Manual, Detainee Services, Standard 3, Sections II1.B.

124 Detention
125

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

Operations Manual, Detainee Services, Standard 3, Section III.I, and Standard 1, Section III.N.

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

LATHAM&WATKINSLLP

MCCI does not fully meet this section ofthe Standards; the Handbook does not
include several required notifications, all general correspondence is opened outside of
detainees' presence, and writing implements are not free of charge. MCCI provides all
detainees with an Inmate Handbook. 126 However, this handbook does not provide the following
information as required: 1) "the definition of special correspondence, including instructions on
the proper labeling for special correspondence .... [and a] statement that it is the detainee's
responsibility to inform senders of special mail of the labeling requirement"; 2) the fact that·
identity documents, such as passports and birth certificates, are contraband and may be rejected
by the facility; 3) instructions on how incoming mail should be addressed; 4) a notification that
"general correspondence ... shall be opened and inspected in the detainee's presence, unless the
[Officer in Charge] authorizes inspection without the detainees presence for security reasons";
and 5) a notification that "special correspondence may only be opened in the detainee's
presence.,,127
According to
the facility opens and Inspects all general correspondence for
contraband outside of the recelVlng detainee's presence. 128 U.
said that a New Jersey
state law, passed in the wake of September 11, 2001, is the reason for thiS.129 Moreover, MCCI
does not appear to treat mail from the media or politicians as "special correspondence" as
130
required by the Standards.

;,,11

Lt.
that only indigent detainees are provided writing materials at no charge.
Although the standards require that facilities "shall provide writing paper, writing implements
and envelopes at no cost to detainees,,,131 all non-indigent detainees must pay for writing
materials and envelopes themselves by purchasing them through the Commissary.132
B. Detainee Handbook
The Standards require that every Officer in Charge develop a site-specific detainee
handbook to serve as an overview of detention policies, rules, and procedures, and specify that
every detainee will receive a copy of the handbook upon admission to the facilityY The
handbook must include visitation hours and rules. 134 The handbook must notify detainees of the
facility correspondence policy.135 The handbook must provide notice ofthe facility's rules of

126 Notes

ofdelegationmp.lmnf'TI

interviews with
:"'TVlr.,"~

127

Detention Operations

128

Notes of delegation

conversation with

129

Notes of delegation

conversation with

130 Detention

Operations
on conversation with

Standard 3, Section III.B.

Standard 3, Section IILE; notes of delegation membe4SM

J3J

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

\32

Notes of delegation

133

Detention Opemtions Manual, Detainee Services, Standard 6, Section I.

134

Detention Opemtions Manual, Detainee Services, Standard 17, Section III.B.

135

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

on conversation with Lt.N••

LATHAM&WATKI NSLLP

conduct and the sanctions imposed.136 It must advise detainees of rights including the right to
protection from abuse and harassment, right to freedom from discrimination, and right to pursue
.
137
a grIevance.
It is unclear whether MCCI fully meets this section of the Standards: one detainee
stated that she did not receive a copy of the handbook, and the handbook does not advise
detainees oftheir right to protection from abuse,harassment, and discrimination.
Corrections officials indicated that every inmate receives copies ofthe Handbook during
processing upon entry into the facility .138 One detainee indicated that she did not receive the
Handbook when she arrived at the facility;139 the other detainee we interviewed said that she
did. 140 The handbook includes information on visitation hours and rules, the mail policy, notice
of rules and sanctions, and the right to pursue grievances. 141 However, it does not advise
detainees of their right to protection from abuse and harassment or right to freedom from
discrimination. 142 Additional observations regarding information lacking in the Inmate
Handbook, including StaffwDetainee Communication, are included below.

C. Recreation
The Standards require that all detainees have access to recreational programs and
activities, under conditions of security and safety .143 Detainees should be housed in facilities
with outdoor recreation. l44 If a facility only provides indoor recreation, detainees must have
access for at least one hour per day, including exposure to naturallight. 145 Detainees should
have access to "fixed and movable equipment," including opportunities for cardiovascular
exercise, and games and television in dayrooms. 146 Under no circumstances will a facility
require detainees to forego law library privileges for recreation privileges. 147
MCCI meets this section of the Standards. MCCI has both outdoor recreation and
indoor recreation rooms with access to natural light. 148 There is an outdoor patio with a

136

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

137

Detention Operations Manual, Security and Control, Standard 5, Section I1I.A.5.

138

Notes of delegation

on interviews with Sheri~

139

Notes of delegation

on interview with detainee

140

Notes of delegation

on interview with detainee

141

MCCI Inmate Handbook, Sections l(B), (C), & (P), and Sections 3(F), (G), & (P)(l).

142

MCCI Inmate Handbook; Section 2.

143

Detention Operations Manual, Detainee Standards, Recreation, Section I.

144 Detention

.
145

Operations Manual, Detainee Standards, Recreation, Section lILA, which also provides that "all new
or renegotiated contracts and IGSAs will stipulate that INS detainees have access to an outdoor recreation
area."

Detention Operations Manual, Detainee Standards, Recreation, Section III.B.

146 Detention Operations

Manual, Detainee Standards, Recreation, Section III.G.

147

Detention Operations Manual, Detainee Standards, Recreation, Section III.B.

148

Observations of delegation

LATHAM&WATKINSup
basketball hoop that is shared between the two "pods" of male detainees.149 Following breakfast
and until evening, the two pods alternatively have access to the outdoor patio in four hour
intervals. 150 The women have similar access to a similar outdoorarea. 15
The male detainees also have free access to an indoor weight room that remains open for
the entire day.152 Both male and female detainees have a dayroom, where detainees can watch .
television, play board games, and use the pay phone. 153 Detainees have access to natural sunlight
at all times. 154
Detainees in segregation, for both disciplinary and administrative purposes, receive one
hour of outdoor recreation daily.155 Detainees in the lowest level of protective custody are
allowed outdoor recreation with limited interaction, while detainees held in the higher level of
protective custody or that are restricted due to disciplinary reasons only have access to an
outdoor five by fourteen foot cage. 156 These recreation areas do not provide equipment for
muscular or cardiovascular exercise.157 There is no recreation or outdoor access for detainees in
the infirmary. 158
D. Access to Medical Care
The Standards require that all detainees have access to medical services that promote
detainee health and general well being. 159 Each facility is required to have regularly scheduled
times, known as "sick call," when medical personnel are available to see detainees who have
160
For a facility of over 200 detainees, there must be sick call five
requested medical services.
days per week. 161 Facilities must also have procedures in place to provide emergency medical
care for detainees who require it. 162

MCCI meets this section of the Standards. All detainees at MCCI are screened for
medical issues upon their initial processing, which takes place on the day they arrive at the
149

Observations of delegation

150 Notes
151

Notes of delegation

152 Notes
153

of delegation
of delegation

Notes of delegation
Miriam Rodgers, on

154

Observations of delegation membe.~l• • • • • •

155

Notes of delegation

156

Notes of delegation

157 Observation
158 Notes

notes of delegation member

of delegation member

of delegation member • • • • •

159 Detention

Operations Manual, Health Services, Section L

160 Detention

Operations Manual, Hecilth Services, Section I1I.F.

161

Detention Operations Manual, Health Services, Section II.F.

162

Detention Operations Manual, Health Services, Section IILA, D, and G.

LATHAM&WATKINSLLP
facility.163 During the screening, detainees are given a PPD screening for tuberculosis ("TB,,).164
If a detainee is suspected of having TB, the detainee is held in an isolation room until an x-ray
confirms or negates the possibility ofTB infection. 165
There is a regularly scheduled sick call seven days a week, provided by CSS, the on-site
contract medical provider. 166 There is at least one doctor on staff seven days a week, and during
the day there are eight medical personnel on site. 167 Detainees are not required to indicate why
they are requesting sick call when they do so, and receive medical services the same day. 168 On
site medical personnel are able to provide IVs, recovery from surgery, isolation rooms for
suspected TB, etc. 169 An OB-GYN is made available to pregnant detainees. 170 There is an onsite pharmacy, and medications are distributed three times a day. 171 There is a 1-800 number
with translators available twenty-four hours a day, seven days a week to assist with non-English
speaking detainees. 172 However, according to one detainee, the translators are not always made
available to detainees. 173
On-site mental health care is provided from 8:00 a.m. unti14:00 p.m., Monday through
Friday. 174 There is at least one, and usually two to three mental health personnel on site. 175 The
detention officers arrange for hospitalization and off site mental health care when necessary. 176
The facility obtains signed and dated consent forms from detainees in non-emergency
situations. 177 Ifforced treatment is necessary, the facility involves ICE and the detainee's
attomey:178 The facility also maintains different medical logs to protect patient-detainees'
confidentiality. 179
,

163

Notes of delegation

164 Notes

on conversation with Lt.

of delegation

on conversation with Lt.

165

Notes of delegation

on conversation with Lt.

166

Notes of delegation

on conversation with Lt.

167

Notes of delegation'

on conversation with Health Services Administrator r.
on conversation with Lt.

168

Notes of delegation

169

Notes of delegation

on conversation with Lt.

170

Notes of delegation

on conversation with Health Services AdmirlisU'ato:

171

Notes of delegation mp.mh,f'r

on conversation with Health Services Admirlistrat()r

172

Notes of delegation

on conversation with L t . ' . l .

173

Notes of delegation

on'mterview with detainee

••

174 Notes

of delegation ~~~ .. ,~~

on conversation with Health Services .t\amll~lS,ralIJr

175 Notes

of delegation -~,- .. ,~-

on conversation with Health Services .n.U1Ullll~U

177 Notes

of delegation member

on conversation with

178

Notes of delegation member

on conversation with

179

Notes of delegation member

on conversation with

LATHAM&WATKJ NSLLP

E. Access to Dental Care
The Standards require that detainees have an initial dental screening exam within
fourteen days of their arrival, and require the facility to provide emergency dental treatment and
repair of prosthetic appliances. 180 For detainees who are held in detention for over six months,
routine dental treatment may be provided. 181
MCCI appears to meet this section ofthe Standards. The detainees receive an initial
dental screening by the nurse in the course oftheir initial medical screening. 182 If dental care is
.
provided, CCS provides on-site dentists. 183

F. Hunger Strikes
The Standards require that all facilities follow accefted standards of care and
administrative management of hunger-striking detainees. 18 Facilities must do everything within
their means to monitor and protect the health and welfare of the hunger-striking detainee and
must make every effort to obtain the hunger striker's informed consent for treatment. 185 In
IGSA facilities, the "OIC of the facility shall notify [ICE] that a detainee is refusing treatment.
Under no circumstances are IGSA facilities to administer forced medical treatment unless
granted permission from [ICE]." 186
MCCI meets this section of the Standards. If an inmate or detainee declares a hunger
strike, the medical staff then assesses the mental state of the patient, and regularly monitors the
patient, including his or her food intake, liquid intake, vital signs, etc. 187 If the hunger strike
lasts longer than seventy-two hours, the detainee is moved to the infirmary . .188 The facility
notifies ICE of the hunger strike, and does not administer forced feeding unless the court grants
189
.
an order to do so.
G. Detainee Classification System
The standards require that detention facilities implement the Detainee Classification
System (DCS).190 This classification system is meant to ensure that each detainee is placed in the
appropriate category and physically separated from detainees in other categories. 191 Each
ISO

Detention Operations Manual, Health Services, Health Care, Section lI1.E.

181

Detention Operations Manual, Health Services, Health Care, Section lI1.E.

182

Notes of delegation

on conversation with Lt.

183

Notes of delegation

on conversation with Lt.

184 Detention Operations

Manual, Health Services, Hunger Strikes, Section 1.

185

Detention Operations Manual, Health Services, Hunger Strikes, Section I.

186

Detention Operations Manual, Health Services, Hunger Strikes, Section IIID.

187

Notes of delegation tnem

188

Notes of delegation

on conversation with

189

Notes of delegation

on cOnversation with

190

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

191

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

on conversation with

LATHAM&WATKI NSllP

detainee is to be classified upon arrival, before being admitted into the general population. 192
The staffis to use the most reliable, objective information from the detainee's A-file or work193
folder during the classification process.
Detainees are to be assigned housing, offered
recreational activities, assigned work (at the detainee's request), and provided food service
194
according to their classification levels.
All facility classification systems shall ensure that a detainee may be reclassified any
195
time and the classification level redetermined.
All facility classification systems shall include·
procedures by which new arrivals can appealtheir classification levels. 1% Additionally, the
detainee handbook's section on classification will include an explanation of the classification
levels, with the conditions and restrictions applicable to each, and the procedures by which a
detainee may appeal hislher classification. 197

MCCI partially meets this section ofthe Standards. However, male detainees are
not housed based on classification, but instead are all housed together, although they are
housed in separate units from the inmates. 198 Female detainees, on the other hand, are housed
with female inmates, based on their classifications. l99 All inmates and detainees are classified
when they first arrive at the facility, and housed based on their classification level-minim1.im,
medium, or maximum?OO The classifications are based on a mixture of factors, such as their
criminal history and their behavior?OI Additionally, all inmates and detainees have the right to
202
appeal their classification level through a written request.
The inmate handbook gives both an
explanation of classification levels and the procedures by which a detainee may appeal his or her
classification?03
H. Detainee Grievance Procedures
The standards require that every facility develop and implement standard operating
procedures (SOP) that address detainee grievances. Each SOP must establish a reasonable time
limit for (i) processing, investigating, and responding to grievances; (ii) convening a grievance
committee to review formal complaints; and (iii) providing written responses to detainees who

192 Detention Operations Manual, Detainee Services, Standard 4, Section IILA.
193 Detention Operations Manual, Detainee Services, Standard 4, Section III.D.
194 Detention Operations Manual, Detainee Services, Standard 4, Section lILA.
195 Detention Operations Manual, Detainee Services, Standard 4, Section III.G.
196 Detention Operations Manual, Detainee Services, Standard 4, Section III.H.
·197 Detention Operations Manua~ Detainee SerVices, Standard 4,Section III.L
198 Notes of delegation
199 Notes of delegation
200Notes ofdelegaltio:nrrlernlber
201 Notes of delegation
202 Notes of delegation
203 MCCI Inmate Handbook, p. 4.

LATHAM&WATKJ NSLLP

filed fonnal grievances, including the basis for the decision?04 Each facility should make every
effort to resolve the detainee's complaint or grievance at the lowest level possible, in an orderly
205
Detainees must also be allowed to submit a fonnal, written grievance to
and timely manner.
the facility's grievance committee?06 Each inmate handbook should provide notice of the
opportunity to file both infonnal and formal grievances and the procedures for filing a grievance
1207
and appea.
.

MCCI appears to meet this section ofthe Standards. According to Captain_
if a detainee has a grievance he or she will request a Grievance Form?08 Upon completing the
fonn, the detainee will insert the fonn in a Grievance Box that is located in his or her housing
unit. 209 Captain,iiiM,Wdid mention, however, that the Grievance Box in the ICE housing unit
had only been installed two days prior to the tour?10 Once the grievance has been placed in the
grievance box, detainees will receive a written response, usually within one and, at most, two
days.2I1 If the detainee is not happy with the result, he may appeal to the warden.212 The
handbook provides that inmates with detailed notice of their grievance rights, grievance rules,
the grievance pro~eals process?13
Detainee ~ stated that she filed a grievance because she had not received
the proper depression medication?14 She stated that within two weeks she was receiving the
medication?15

1. 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.,,216 Each facility holding ICE detainees must
have a detainee disciplinary system which has "progressive levels of reviews, appeals,
procedures, and documentation procedures:,217 The disciplinary policy must clearly define

204

Detention Operations Manual, Detainee Services, Standard 5, Section L

205

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

206

Detention Operations Manual, Detainee Services, Standard 5, Section IILA.2.

207

Detention Operations Manual, Detainee Services, Standard 5, Section IILG:

208

Notes of delegation member

209 Notes

of delegation member

on conversation with

210

Notes of delegation member

on conversation with

211

Notes of delegation member

on conversation with

212

Notes of delegation member

on conversation with

213

MCCI Inmate Handbook; pp. 33-34.

214

Notes of delegation

on interview with detainee

215

Notes of delegation

on interview with detainee

216

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

217

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

LATHAM&WATKI NSLLP

detainee rights and responsibilities, and any disciplinary action taken must not be capricious or
retaliatory? I 8
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 r.rivileges; or deprivation of physical exercise unless such activity creates an
unsafe condition.',2 9 Officers who witness a prohibited act must prepare and submit an incident
report.220 The Standards provide that all incident reports filed by officers must be investigated
. h'm twenty-fiour hours 0 f the mCI
. ·dent. 221
Wit
. The Detainee Handbook must notifY detainees of the disciplinary process, the prohibited
acts and disciplinary severity scale, and the procedure for appeals?22 The handbook must also
notifY detainees of specific rights, including the right to protection from abuse, harassment, and
discrimination, the right to pursue a grievance, and the right to due process, including prompt
resolution of a disciplinary matter .123
The MCCI substantially meets this section of the Standards; however, the Inmate
Handbook does not inform detainees oftheir right to protection from abuse, harassment,
and discrimination. When a rules violation occurs, a written report is filed with the Floor .
Supervisor.224 According to the Inmate Handbook, reports of major rule infractions will be
investigated by a supervisor not involved with the report or infraction within forty-eight hours of
the time the disciplinary report is served upon the inmate?25 The detainee is entitled to receive a
copy of the charges within forty-eight hours of the incident, which must include the time, date
and place of the violation, the rule allegedly violated, the name of the person asserting the
violation and the names of all witnesses, if any.226 Cases determined serious will then be
referred to the Disciplinary Committee for a hearing.227 The detainee is then entitled to a
minimum of twenty-four hours to prepare for his hearing?28 The Disciplinary Committee will
consist of the following people: 1) the Custody Supervisor (who was not personally involved in
any way in the incident or violation and 2) two Civilian Designees.229 Decisions of the

218

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

219

Detention Operations Manual, Security and Control, Standard 5, Section IILA.3.

220

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

221

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

...

222 Detention

Operations Manual, Security and Control, Standard 5, Section IILL.

223

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

224

MCCI Inmate Handbook, p. 20; notes of delegation

22S

MCCI Inmate Handbook, p. 20.

226

MCCI Inmate Handbook, p. 22.

227

MCCI Inmate Handbook, .p. 20.

228

Notes of delegation member

229

MCCI Inmate Handbook, p. 20.

on conversation with Lt .

conversation with Lt.

LATHAM&WATKI NSup

Disciplinary Committee are fmal, unless an appeal is made in writing to the Captain.23o Appeals
must be made within forty-eight hours after a decision by the committee?31 Appeal forms will
be available on request?32
The detainee is entitled to his hearing within seven days after being served with a
disciplinary report, including weekends and holidays, unless such hearing is preventeo by
exceptional circumstances, unavoidable delays or reasonable postponements?33 Inmates are
notified of the hearing at least twenty-four hours in advance of the hearing?34 Inmates confined
in Pre-hearing Detention will receive a hearing within three days oftheir placement in Prehearing Detention, including weekends and holidays, unless such hearing is prevented by
exceptional circumstances, unavoidable delays or reasonable postponements?35 Inmates
confmed in Pre-hearing Detention will be given priority in scheduling their appearance before
the Disciplinary Board?36 Time spent in Pre-hearing Detention will be credited against any
subsequent. sentence imposed. 237 No delays in hearing a case will be permitted for the purpose of
punishment or discipline?38 A detainee will be provided the opportunity to be present during the
Disciplinary Hearing unless there are security reasons, which must be documented in the
detainee's record?39 A detainee has the right to be represented by a counsel substitute, either
staff or another detainee.24o He also has the right to call witnesses on his behalf and any reason
for denying the opportunity to call a witness must be stated in writing and filed in the detainee's
record?41 A detainee has the right to make a statement, provide documentary evidence and cross
examine his accuser and any adverse witnesses unless doing so would be unduly hazardous to
institutional safety or that of the witness. 242 The reasons for denying the detainee this right of
confrontation must be stated in writing and filed in his record?43
A hearing may be held ina detainee's absence ifthe detainee refuses to attend the
Disciplinary Hearing but documentation ofthis refusal must be reported in writing. 244 Should
any further investigation be required, the Disciplinary Hearing may be postponed by the

230

MCCI Inmate Handbook, p. 20.

231

MCCI Inmate Handbook,p. 20.

232 MCCI

Inmate Handbook, p. 20.

233

MCCI Inmate Handbook, p. 20.

234

MCCI Inmate Handbook, p. 20.

23S

MCCI Inmate Handbook, p. 2l.

236

MCCI Inmate Handbook, p. 21.

237

MCCI Inmate Handbook, p. 21.

238

MCCI Inmate Handbook,p. 21.

239 MCCI

Inmate Handbook,p. 21 ..

240

MCCI Inmate Handbook, p. 21.

241

MCCI Inmate Handbook, p. 21.

242

MCCI InmateHandbook, p. 21.

243

MCCI Inmate Handbook, p. 2l.

244 MCCI

Inmate Handbook, p. 21.

LATHAM&WATKI NSLLP

Disciplinary Board for up to forty-eight hours for Prehearing Detention cases and up to seven
days for all other hearings?45
The Floor Supervisor also has full authority to levy disciplinary action on any inmate for
non-serious offenses in lieu of a fonnal hearing by the Disciplinary Committee.246 Lt. " , 5
described this procedure, dubbed an "On-The-Spot" disciplinary proceeding by the Inmate
Handbook. Lt.U,ii!Wistated that a zone supervisor may take a detainee aside, ask for an
explanation regarding the event in question and render immediate "on the spot" punishment,
which can include locking the detainee's cell for up to four hours or revoking certain privileges
for up to five days?47 Those privileges include access to the weight room and the right to play in
48
various sporting tournaments held within MCCt2 The Handbook states that the following are
additional authorized sanctions for On-The-Spot Corrections: verbal reprimand, up to four extra
hours work duty, loss of radio or television privileges for a period of no more than five days, and
249
confiscation of offending items.
When asked if suspension of privileges also included the
suspension of visitation rights, L t . " stated that visitation rights would only be suspended
25o
if the incident meriting disciplinary action involved visitation.
The Handbook states that certain types of punishment are not permitted; punishments
may not restrict food, health and sanitary facilities, clothing, access to medical needs, reading
and correspondence, hygienic implements or exercise?51 Further, corporal punishment shall not
52
be pennitted at any time in MCCt2 However, as stated above, the Handbook does not notifY
detainees of their right to protection from abuse, discrimination, and harassment. 253

J. Special Management Unit
The Standards suggest that each facility establish a Special Management Unit ("SMV")
that will isolate certain detainees from the general population.254 The Standards for
Administrative and Disciplinary Segregation differ somewhat from one another, but both provide
for legal access and other protections. 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. 255 The disciplinary committee may order

245

MCCI Inmate Handbook, p. 21.

246

MCCI Inmate Handbook, p. 20.

247

Notes of delegation

on conversation with Lt.

248

Notes of delegation mpmh",r

on conversation with Lt.

249

MCCI Inmate Handbook, p. 28.

250

Notes of delegation member

on conversation with Lt.

251

MCCI Inmate Handbook, p. 30.

252

MCCI Inmate Handbook, pp. 30-31.

253

MCCI Inmate Handbook, Sections 1(M) & 2.

254

Detention Operations Manual, Security and Control, Standard 14, Section 1.

255

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

LATHAM&WATKI NSllP

placement in disciplinary segregation only when alternative dispositions would inadequately
regulate the detainee's behavior?56
All cells in the SMU must be well ventilated, appropriately heated, and sanitary, and
must be equipped with beds.257 Segregated detainees shall have the opportunity to maintain a
normal level of personal hygiene?58 Recreation shall be provided to detainees in segregation in
accordance with the "Recreation" standard.259 Access to the law library shall generally be
granted to detainees in segregation.260 Detainees generally retain visiting privileges while in
disciplinary segregation, and may not be denied legal visitation?61
Detainees in administrative segregation generally have the same telephone privileges as
other detainees,262 while detainees in disciplinary segregation shall be restricted to telephone
calls for calls relating to the detainee's immigration case or other legal matters, calls to
263
Detainees in segregation shall have the
consular/embassy officials, and family emergencies.
same correspondence privileges as detainees in the general population?64

MCCI partially meets this section ofthe Standards; however, detainees in
segregation only have telephone access for one hour per day. There are beds in the SMU,
and detainees continue to have access to correspondence, personal hygiene implements, the law
library and legal and personal visitation?65 Further, they are permitted one hour of outdoor
recreation daily.266 As detailed above, detainees' telephone access is restricted to one hour per
day, including legal calls?67 Calls are ended by an automatic cut_Off.268 The Standards require
269
greater access to legal ca11s.

256

Detention Operations Manual, Security and Control, Standard'14, Section IILA.

257

Detention Operations Manual, Security and Control, Standard 13, Section IIID.2, and Standard 14, Section
III.D.6.

258

Detention Operations Manual, Security and Control, Standard 14, Section IIID.11.

259

Detention Operations Manual, Security and Control, Standard 13, Section IILD.8, and Standard 14, Section
m.D.B.

260

Detention Operations Manual, Security and Control, Standard 13, Section IILD.18, and Standard 14, Section
m.D.1S.e.

261

Detention Operations Manual, Security and Control, Standard 13, Section IIID.13 & 14, and Standard 14,
Section m.D.17.

262

Detention Operations Manual, Security and Control, Standard 13, Section IILD.16.

263

Detention Operations Manual, Security and Control, Standard 14, Section IIID.19.

264

Detention Operations Manual, Security and Control, Standard 13, Section IILD.20, and Standard 14, Section
IILD.18.

265

Notes of delegation member

266

Notes of delegation member

on conversation with

267

Notes of delegation

conversation with

268

Notes of delegation

conversation with

269

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

LATHAM&WATKI NSLlP
placement in disciplinary segregation only when alternative dispositions would inadequately
regulate the detainee's behavior?56
All cells in the SMU must be well ventilated, appropriately heated, and sanitary, and
257
Segregated detainees shall have the opportunity to maintain a
must be equipped with beds.
normal level of personal hygiene. 258 Recreation shall be provided to detainees in segregation in
accordance with the "Recreation" standard?59 Access to the law library shall generally be
granted to detainees in segregation?60 Detainees generally retain visiting privileges while in
disciplinary segregation, and may not be denied legal visitation?61
. Detainees in administrative segregation generally have the same telephone privileges as
other detainees,262 while detainees in disciplinary segregation shall be restricted to telephone
calls for calls relating to the detainee's immigration case or other legal matters, calls to
consular/embassy officials, and family emergencies?63 Detainees in segregation shall have the
same correspondence privileges as detainees in the general population?64
MCCI partially meets this section of the Standards; however, detainees in
segregation only have telephone access for one hour per day. There are beds in the SMU,
and detainees continue to have access to correspondence, personal hygiene implements, the law
library and legal and personal visitation?65 Further, they are permitted one hour of outdoor
recreation daily.266 As detailed above, detainees' telephone access is restricted to one hour per
day, including legal calls.267 Calls are ended by an automatic cut-Off?68 The Standards require
greater access to legal calls.269

256

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

257

Detention Operations Manual, Security and Control, Standard 13, Section III.D.2, and Standard 14, Section
m.D.6.

258

Detention Operations Manual, Security and Control, Standard 14, Section III.D.11.

259

Detention Operations Manual, Security and Control, Standard 13, Section IILD.8, and Standard 14, Section
III.D.13.

260

Detention Operations Manual, Security and Control, Standard 13, Section IIID.18, and Standard 14~ Section
m.D.IS.e.

261

Detention Operations Manual, Security and Control, Standard 13, Section IIID.l3 & 14, and Standard 14,
Section III.D.17.

262

Detention Operations Manual, Security and Control, Standard 13, Section IILD.16.

263

Detention Operations Manual, Security and Control, Standard 14, Section IILD.19.

264

Detention Operations Manual, Security and Control, Standard 13, Section m.D.20, and Standard 14, Section
III.D.18.

265

Notes of delegation membe

(0)(6..1

266

Notes of delegation membe

267

Notes of delegation

268

Notes of delegation

269

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

•

conversation with

LATHAM&WATKI NSlL?

K. Staff-Detainee CommunicationlICE 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 detainees and to permit detainees to make written
requests to ICE staff and receive an answer in an acceptable time frame.,,270 The Standards
require that detainees have the opportunity to have informal access to and interaction with key
facility staff members on a regular basis.271 The Standards require both scheduled weekly visits
and "regular unannounced visits" by ICE officials.272 The purpose of such visits is to monitor
housing conditions, interview detainees, review records, and answer questions for detainees who
do not comprehend the immigration removal process.273 The Standards also require that
detainees have the opportunity to submit written questions, requests, or concerns to ICE staff
using a detainee request form, local IGSA form, or a sheet ofpaper.274 Finally, the detainee
handbook shall state that the detainee has the opportunity to submit written questions, requests,
or concerns to ICE staff and procedures for doing SO.275
MCCI does not fully meet this section of the Standards; there is no process in place
for submitting written questions, requests or concerns, and the Inmate Handbook does not
state that detainees may submit questions or concerns to ICE staff. An ICE officer makes
weekly scheduled and unannounced visits to the facility. Officer hlEiivisits the facility
every Monday unless Monday is a national holiday, in which case he visits on Tuesday.276 He
also visits the facility at least one more time each week at an unscheduled time.277 Additionally,
a different ICE officer visits the facility once a week.278 The schedule ofthese visits was posted
in each housing unit.279 While Officer",i*iid suggest that he might put up a "comment
box,"he said that when detainees had issues they came directly to him or to another officer and
did not use any sort of formal system?80 In addition, the detainee handbook does not state that
detainees have the opportunity to submit written questions, requests or concerns to ICE staff or
the procedures for doing so.
L. 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?81
270

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

271

Detention Operations Manual, Detainee Services, Standard IS, Section IILA.

272

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

273

Detention Operations Manual, Detainee Services, Standard IS, Section IILA.

274

Detention Operations Manua~ Detainee Services, Standard IS, Section III.B.

is, Section II1.B.3.

275

Detention Operations Manual, Detainee Services, Standard

276

Notes of delegation

on conversation with

277

Notes of delegation

on conversation with

278

Notes of delegation

on conversation with

279

Observations of delegation member Vera Gerrity.

280

Notes of delegation member Vera Gerrity, on conversation with

281

Detention Operations Manual, Detainee Services, Standard 14, Section 1.

LATHAM&WATKINSLLP

According to the Standards, these "opportunities will exist for all equally, regardless of the
number of practitioners of a given religion, whether the religion is 'mainstream,' whether the
religion is 'Western' or 'Eastern,' or other such factors. Opportunities will be constrained only
by concerns about safety, security, the orderly operation of the facility, or extraordinary costs
associated with a specific practice.',282 Moreover, a facility's staff shall make "all reasonable
efforts to accommodate" special food services required by a detainee's particular religion. 283
Detainees in confiriement must also be permitted to participate in religious practices, consistent
with the safety, security, and orderly operation of the facility?84
MCCI meets this section of the Standards. All detainees are handed a questionnaire
upon arriving at the facility that inquires about their reliiious preferences.285 When asked if the
delegation may see a copy of that questionnaire, Lt. iIiliJi9said that he would see what he could
do, but ultimately never produced one?86 MCCI provides Christian, Jewish, and Muslim
services and provides Christian services in both English and Spanish?87 The kitchen
accommodates both kosher and halal diets, and those who miss a meal time for religious fasting
purposes such as Yom Kippur or Ramadan are able to have that meal at a later time, when their
faith allows for it.288 MCCI has a chaplain on staff who also serves as a coordinator for bringing
in rabbis or imams to officiate· services for other faiths?89 Detainees in regular housing units as
well as SMUs are permitted to keep religious items such as prayer beads, religious texts and
skullcaps in their cells?90 A detainee who may not be able to attend general religious services
for disciplinary segregation reasons has the option Of requesting a private service.291 When
asked if a detainee who has a less 'mainstream' religious preference would be accommodated,
Lt.iW"Mresponded that unless it was "something nobody's ever heard of," MCCI would do
its best to provide accommodations?92 The Handbook specifically states that "personal
interviews with leaders of a recognized religious group can be arranged by submitting a writing
req~est to a social worker .',293 The Handbook fails to specifY how MCCI defines a "recognized
religious group."
M. Voluntary Work Program

282

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

283

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

284

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

285

Notes of delegation membe~ on conversation with Lt

286

Observations of delegation member• • • • • • •

287

Notes of delegation member

conversation with Lt.

288

Notes of delegation member

conversation with Lt.

289 Notes
290

of delegation member

Notes of delegation

conversation with Lt.
conversation with Lt.
conversation with Lt.

292

Notes of delegation member

293

MCCI Inmate Handbook, p. 15.

conversation with Lt.

LATHAM&WATKINSup
The Standards suggest that all facilities with work programs provide an opportunity for
physically and mentally capable detainees to ''work and earn money.,,294 Participation must be
voluntary, and detainees may not work more than eight hours per day, andforty hours per .
week?95

MCCI does not fully meet this section of the Standards: there are very few
opportunities to work in the facility should a detainee choose to do SO.296 Detainees are
provided the opportunity to work as one of the few "housemen" in his or her pod.297 The
detainees that work as "housemen" are selected on the basis of detainee requests, length of stay,
and disposition. 298 Housemen are compensated for their work, and generally work around six
hours per day?99 Unlike county inmates, detainees are not permitted to work in the kitchen.3OO
N. Detainee Transfer
The Standards require that indigent detainees be permitted to make a single domestic
telephone call at government expense upon arrival at their final destination; non-indigent
detainees will be permitted to make telephone calls at their own expense.301 Records including
the detainee's Alien File ~A-:file") and health records (or transfer summary for IGSAs) must
3
Prior to transfer, medical personnel must provide the transporting
accompany the detainee.
officers with instructions and any applicable medications for the detainee's care; medications
must be turned over to an officer at the receiving field office. 303 A detainee's legal materials,
cash, and small valuables shall always accompany the detainee to the receiving facility; larger
items may be shipped?04

MCCI appears to meet this Standard. Indigent detainees are able to make a free call
upon arrival when they are transferred to another facility.305 Detainee records and personal
property are transferred to the receiving institution, and detainees are informed of their
impending transfer shortly beforehand, although transportation details are not shared with the

294

Detention Operations Manual, Detainee Services, Voluntary Work Program, Sections 1& IILA.

295

Detention Operations Manual, Detainee Services, Voluntary Work Program, Sections 1& IILA.

296

Notes of delegation un,AU""A

297

Notes of delegation

298

Notes of delegation UA"UUJ'"

299

Notes of delegation member

300 Notes

of delegation

conversation with

on conversation with
on conversation with

301

Detention Operations Manual, Detainee Security and Control, Standard 4, Sections III.G.

302

Detention Operations Manual, Detainee Security and Control, Standard 4, Sections III.D.I and IIID.6.

303

Detention Operations Manual, Detainee Security and Control, Standard 4, Section III.D.D [sic].

304

Detention Operations Manual, Detainee Security and Control, Standard 4, SectionsIILE.

305

Notes of delegation member

conversation with

LATHAM&WATK I N SliP

detainee prior to the date of transport. 306 Meals are provided to the detainees if transfer takes
307
·
PI ace over meaI tImes.

CONCLUSION

The Monmouth County Correctional Institute meets the requirements of several of the
ICE Detention Standards but fails to meet a number of important sections.
To provide adequate telephone access to detainees, MCCI must ensure that detainees can
place free, direct calls to pro bono legal service providers other than just the Legal Aid Society.
MCCI should not record or monitor, in any matter whatsoever, legal phone calls (absent a court
order), and if regular phone calls are monitored, MCCI should provide detainees with the
procedure for obtaining an unmonitored call for legal purposes, in a private area. MCCI should
not limit telephone calls to attorneys made by detainees in a Special Management Unit to one
hour. MCCI should accept incoming calls for detainees and take messages of those calls for
detainees. Further, a posting near detainee telephones should provide a list, in Spanish, offree
pre-programmed numbers to all consulates, as well as relevant courts, immigration offices, and
all free legal service providers on the ICE-approved list. Reflecting the needs ofthe
multinational immigrant jail population, instructions regarding the use of the phone system need
to be in different languages.
To support the detainees' access to legal materials and legal representation, MCCI should
provide access to all of the legal materials listed in the Standards in the law library. MCCI
should also provide notice to detainees in the detainee handbook of the rules and procedures
governing access to legal materials in the facility.
To provide adequate privacy to detainees, MCCI officials should not open detainee mail
outside of the presence of its addressee. Filrther, MCCI officials should provide writing
implements to detainees free of charge so that detainees may freely draft correspondence.
ICE should require that the MCCI Inma~e Handbook be updated to inform detainees of
their right to protection from abuse, harassment, and discrimination.
To facilitate open lines of communication between detainees and ICE officials, MCCI
and ICE should create a process bywhich detainees can submit written questions, requests
and/or concerns to ICE offices and officials. Also, the handbook should inform detainees
regarding communication with ICE staff.
Finally, MCCI should provide more opportunities for detainees to work and earn money
during the time oftheir detention.

306

Notes of delegation

conversation with

307

Notes of delegation

conversation with

Facility Name: MONMOUTH COUNTY CORRECTIONAL INSTITUTE, FREEHOLD, NJ
Date of Tour: August 1,2007
. Latham & Watkins LLP attorneys and summer associates
uelwm:e Services Standards unless otherwise indicated. Standards excerpts are typed verbatim. Issues are generally listed in their order from the Report.
Report comments in bold are priority issues for ICE-ABA discussion.

ICE Standard*
1. I Standatd 16, Telephone Access
• 'rILE. The facility shall not require indigent detainees to
pay for [legal, court-related, consular, emergency calls] if
they are local calls, nor for non-local calls if there is a
compelling need. The facility shall enable all detainees to
make calls to the [ICE]-provided list offree legal service
providers and consulates at no charge to the detainee or
the receiving party.

Delegation Report
I •

2. I Standard 16, Telephone Access
• IlL!. The facility shall take and deliver telephone
messages to detainees as promptly as possible. When
facility staff receives ail emergency telephone call for a
detainee, the caller's name and telephone number will be
obtained and given to the detainee as soon as possible.
The detainee shall be permitted to return the emergency
call as soon as reasonably possible within the constraints

•

3. I Standard 16, Telephone Access
• III.J. The facility shall ensure privacy for detainees'
telephone callsregaiding legal matters. For this purpose,
the facility shall provide a reasonable number of
telephones on which detainees can make such calls
without being overheard by officers, other staff or other
detainees. Facility staff shall not electronically monitor
detainee telephone calls on their legal matters, absent a
court order; .

•

The detainee housing unit has a list of preprogrammed telephone codes for placing direct,.
free calls to local consulates, immigration courts
and the Legal Aid Society. However, although
the numbers for local legal service providers
other than the Legal Aid Society are posted,
they do not have a pre-programmed telephone
code and thus detainees are required to call

Source

ICE Response

Officer

Incoming phone calls and messages are
generally not accepted, with the exception of
emergency telephone cails or in other limited
circumstances determined at the facility's
discretion. (p. 7 ~4)
The facility generally does not accept incoming
phone calls and messages from attorneys. (p.7
~4)

•

The phones where detainees make outgoing calls
are all located in the public dayrooms with no
privacy safeguards. There are no opportunities
at MCCI for detainees to have private phone
calls with attorneys. (p.7 '~1, 2)
All phone conversations made on the outgoing
phones are. automatically recorded by the
facility. (p.7 '1)

11122/2007

ABA Commission on Iminigration - Detention Standards .Implementation Initiative

4. I Standard 16, Telephone Access
• III.G. Staff shall permit detainees inthe Special
Management Unit for disciplinary reasons to make direct
and/or free calls ... except under compelling security
conditions. These conditions shall be documented ....
Staff shall permit detainees in Special Management Unit
for other than disciplinary reasons ... to have telephone
access similar to detainees in the general population ....
Security and Control Standard 14 (Disciplinary Segregation)
• III.]).19. [D]etainees in disciplinary segregation shall be
testricteo to telephone calls for the foflowing purposes: a.
callS relating to the detainee's immigration case or other
legal matters ... ; b. calls to consular/embassy officials;
and c.
5. Standard 1, Access to Legal Material
• III.B. Equipment. The law library shall provide an
adequate number oftypewtitets and/or computers,
writing implements, paper and office supplies to enable
detainees to prepare documents for legal proceedings.

I •

•

Detainees in the SMU for disciplinary reasons
may use a cordless telephone handset, but only
for one hour per day, even In the absence of
compelling security conditions. (p.8 '3)

Only one computer is available in the library for
Use by all 1,296 detainees and inmates. Three
additional computers are designated for "library
personnel use," although inmates were using one of
those computers during the delegation's visit. (p.l1

Delegation
observations.

11/22/2007

ABA Commission on Immigration - Detention Standards Implementation Initiative.

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

•

None of the following Attachment A materials
are available in the MCCI law library: United
States Code, Title 8, Aliens and Nationality; Code
of Federal Regulations, Title 8, Aliens and
Nationality; Bender's Immigration and
Nationality Act Service; Bender's INS Regulation
Service; Administrative Decisions Under
Immigration and Nationality Laws; Immigration
Law and Defense,' Immigration Law and Crimes;
Guide for Immigration Advocates; Country
Reports on Human Practices; Human Rights
Watch - World Report; UNHCR Handbook on
Procedures and Criteria for Determining Refugee
Status; Considerationsfor Asylum Officers
Adjudicating Asylum Claims for Women,'
Immigration and Naturalization Service Basic
Law Manual,' Lawyer's Committee Handbook on
Representing Asylum Applicants; Federal Civil
Judicial Procedures and Rules; Legal Research
in a Nutshell; Legal Research & Writing: Some
Starting Points; Spanish-English Law
Dictionary; Directory of Nonprofit Agencies that
Assist Persons in Immigration Matters and
telephone books. (p.9 ~5)

Delegation
observations.

11/22/2007

ABA Commission on Immigration - Detention Standards Implementation Initiative

7. I Standard 1, Access to Legal,v"u"l1'"
III.G. The facility shalI ... pertnit all detainees, regardless
of housing or claSsification, to use the law library on a
regular basis. Each detainee shall be pennitted to use the
law library for a minimum of five (S) hours per week.
Detainees may not be forced to forgo their minimal
recreation time, as ptbvided in "Detainee Recreation,"
standard to use the law library.
• m.M. Detainees housed in .. , Segregation units shall
have the same law library acce~s as the general
population, unless compelling security concerns require
limitations.
Security and Control Standard 14, Special Management Unit
(Disciplinary Segregation)
m.D.IS. When developing the schedule for law libraryaccess, the OlC will s.et aside blocks oftime for the
detainees in disciplinary segregation .... The facility may
choose to provide segregated detainees upon-request
access only. Violent and/or uncooperative detainees may
denied access to the law
8. I Standard 1, Access to Legal Material
• III.Q. The detainee handbook ... shall provide detainees
. with the rules and procedures governing access to legal
materials, including ... 1. that a law library is available
for detainee use; ... 3. the procedure for requesting
access to the law
9. I Standard 9, Group Presentations on Legal Rights
• IILI. Videotaped presentations. The facility shall play
[ICE]-approved videotaped presentations on legal rights,
at the request of outside organizations .. ,. The facility
shall provide regular opportunities for detainees in the
to view

•

Detainees may use the law library for only three
hours and twenty minutes per week. (p.9 ~1)
However, occasionally, detainees may return to the
law library outside of their normally scheduled
hours. (p.9 4JI)
Detainees who are in disciplinary detention also
have access to the law library for only three
hours and twenty minutes per week. (p.9 4JI)

The Inmate Handbook does not specify the rules
and procedures for utilizing the law library or
for obtaining legal materials. The Handbook only
says that law books are available in the law library
and that detainees are allowed to use the law
.12
There is no legal rights video shown at the
facility on a regular basis. (p.13 ~1)

Law Library
Schedule.

Inmate Handbook.

11/22/2007

ABA Commission on Immigration - Detention Standards Implementation Initiative

Standard 3, Correspondence and Other Mail
• III.B. The facility shall notify detainees of its policy in
correspondence and other mail through the detainee
handbook or equivalent ... [and] shall specify: 1. That a
detainee may receive mail, .,. and instructions on how
envelopes should be addressed; '" 4. That [incoming]
special correspondence may only be opened in the
detainee's presence, and may be inspected for
contraband, but not read; ... 5. The definition of special
correspondence, including instructions on the proper
labeling for special correspondence, without which it
will not be treated as special mail. ... 7. A description of
whiCh mav be rei ected bv the
11 J Standard 3, Correspondence and Other Mail
• III.B.3. [G]eneral correspondence ... shall be opened and
inspected in the detainee's presence, unless the OIC
authorizes inspection with out the detainee's presence for
security reasons.

•

3, Correspondence and Other
IlLL Postage Allowance. Indigent detainees will be
permitted to mail a reasonable amount of mail each
week, including at least five pieces of special
correspondence and three pi eces of general
correspondence.
III.J. The facility shall provide writing paper, writing
and envelooes at no cost to detainees.

I •

•

The Inmate Handbook does not contain the
following information: 1) the definition of special
correspondence, and instructions on the proper
labeling for special correspondence, and a
statement that it is the detainee's responsibility to
inform senders of special mail of the labeling
requirement; 2) information that identity
documents are contraband and may be rejected by
the facility; 3) instructions on how incoming mail
should be addressed; or 4) notifications that
general and special correspondence shall be opened
and inspectedin the detainee's presence. (p.14 'Ill)

I Inmate Handbook.

facility opens and inspects all general
correspondence for contraband outside of the
receiving detainee's presence (apparently per a
New Jersey state law passed after 9/11). (p.14 'Il2)

Only indigent detainees are provided writing
materials at no charge. All non-indigent
detainees must pay for writing materials and
envelopes themselves by purchasing them
through the Commissary. (p.14 ~3)

11122/2007

. ABA Comniission on Immigration - Detention Standards Implementation Initiative

Standard 6, Detainee Handbook
• I. Every OlC will develop a site-specific detainee
handbook to serve as an overview of ... the detention
policies, rules, and procedures in effect at the facility.
The handbook will also describe the services, programs,
and opportunities available.... Every detainee will
receive a copy ofthis handbook upon admission to the
facility.
Security and Control Standard 5, Disciplinary Policy
• III.A.5. The detainee handbook or equivalent ... shall
advise detainees ofthe following: a. the right to
protection from personal abuse, corporal punishment,
unnecessary or excessive use of force, personal injury,
disease, property damage, and harassment; b. the right of
freedom from discrimination based on race, religion,
[Detainee Handbook, continued]
Standard 15, Staff-Detainee Communication
III.BJ. Detainee Handbook. ... The handbook shall
state that the detainee has the opportunity to submit
written questions, requests, or conCerns to ICE .staff and
the ntoceclllre~
Standard 4, Detainee Classification System
III.E. All facilities shall ensure that detainees are housed
according to their classification level.
HLP. The classification system shall assign detainees to
the least restrictive housing unit consistent with facility
15, Staff-Detainee Communication.
III.B. All detainees shall have the opportunity to submit
written questions, requests, or concerns to ICE staff ....
The detainee request form shall be delivered to ICE staff
by authorized personnel (not detainees) without reading,

I •

Officials indicated that all detainees receive an
Inmate Handbook. However, one detainee
Indicated that she did not receive the Handbook
when she arrived at the facility. (p.IS ~2)
The handbook does not advise detainees of their
right to protection from abuse and harassment
or right to freedom from discrimination. (p.IS
~2; p.23 ~3)

I •

The detainee handbook does not state that
detainees have the opportunity to submit
written questions, requests or concerns to ICE
staff or the procedures for doing so. (p.26 ~1)

I •

Male detainees are not housed based on
classification, but instead are all housed together in
separate units from the inmates. Female detainees
are housed with female inmates based on
classification. (p.l9 13)

I •

Inmate Handbook.

that when detainees have
issues [161 icE) tiley come to him or another
officer directly; there is no formal system for
written requests. (p.2S ~2).

ABA Commission on Immigration - Detention Standards Implementation Initiative

11/22/2007