INS Detention Standards Compliance Audit - Monroe County Detention Center, Key West, FL, 2007
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MEMORANDUM May 19, 2009 To: James T. Hayes, Jr., Director, Office of Detention and Removal, Immigration and Customs Enforcement From: American Bar Association Delegation to the Monroe County Detention Center b6 Copies to: ABA Commission on Immigration Subject: Report on Observational Tour of the Monroe County Detention Center, Key West, Florida The purpose of this memorandum is to summarize and report information obtained during the delegation's August 2, 2007 visit 1 to the Monroe County Detention Center ("MCDC" or the "Facility") in Key West, Florida. During the visit, the delegation had the opportunity to conduct interviews with six detainees and to speak to MCDC personnel. No officials from the Immigration and Customs Enforcement ("ICE") were present during the delegation's visit. I. ICE DETENTION STANDARDS In November 2000, the Immigration and Naturalization Service ("INS"), 2 promulgated the "INS Detention Standards" to ensure the "safe, secure and humane treatment" of immigration detainees (hereinafter referred to as the "Standards"). The thirty-nine Standards cover a broad spectrum of issues ranging from visitation policies to grievance procedures. These Standards apply to ICE-operated detention centers and other facilities that house immigration detainees pursuant to a contract or intergovernmental service agreement ("IGSA"). While the Standards went into effect at ICE-operated detention facilities on January 1, 2001, ICE sought to phase the Standards in at all of its contract and IGSA facilities by December 31, 2002. The Standards constitute a floor for the treatment of immigration detainees, rather than a ceiling. Therefore, each Field Office or Officer-in-Charge has discretion to promulgate polices and practices affording ICE detainees enhanced rights and protections, beyond those provided for by the Standards. 1 The delegation represented the American Bar Association and was comprised of Holland & Knight LLP attorney b6 b6 b6 and the following Holland & Knight Law Student Summer Associates: b6 b6 b6 b6 b6 , and . Holland & Knight attorney assisted with the preparation of this report. 2 Effective March 1, 2003, the INS ceased to exist as an agency of the Department of Justice. The INS' immigration enforcement functions were transferred to Immigration and Customs Enforcement ("ICE"), a division of the newlycreated Department of Homeland Security ("DHS"). II. INTRODUCTION A. The Delegation's Visit on August 2, 2007 On Thursday, August 2, 2007, the delegation met with several members of MCDC's staff b6, b7C in Key West, Florida. Operations Captain and Lieutenant b6, b7C led the delegation on a tour of the Facility and participated in a post-tour discussion. During the tour, b6, b7C the delegation also met with other MCDC personnel: Officer b6, b7C Deputy , b6 b6 Programs Assistant , Medical Director , and Director of Nurses b6 . The delegation appreciates the cooperation of these individuals as they were direct and accommodating during the Facility tour. This memorandum is based upon discussions with MCDC personnel, interviews with six immigration detainees, and the personal observations of the delegation members. In many instances, the detainees' reports were compatible with statements made by Facility personnel and the delegations' observation. In such cases, the delegation was able to more accurately determine whether MCDC policy and procedures successfully meet the Standards. However, in certain instances, the detainees' reports conflicted with statements made by Facility personnel. When the delegation could not reconcile the conflicting reports, it was unable to determine conclusively whether the Standards were met. B. General Information About the Monroe County Detention Center MCDC houses federal immigration detainees according to an IGSA with ICE. 3 According to MCDC personnel, the Facility has the capacity to hold more than 500 individuals. 4 MCDC has a current population of 522 inmates, ninety-eight of whom are women. 5 The thirtyfive immigration detainees are all women. 6 All of the women at MCDC, whether inmates or immigration detainees, live in one female housing unit (the "Housing Unit"). 7 Immigration detainees from many different countries live within the Housing Unit, including individuals from Haiti, Jamaica, the United Kingdom and some South American countries. 8 III. LEGAL ACCESS STANDARDS A. Visitation 1. Visitation by Attorneys The Standards require that facilities permit legal visitation seven days per week. 9 Attorneys should have access to their clients eight hours per day during the week and four hours 3 Notes of delegation member , on conversation with Lieutenant b6, b7C . Notes of delegation member , on conversation with Lieutenant . 5 Notes of delegation member , on conversation with Lieutenant . b6 6 Notes of delegation member , on conversation with Lieutenant b6, b7C 7 Notes of delegation member , on conversation with Lieutenant 8 Notes of delegation member , on conversation with Lieutenant 9 Detention Operations Manual, Detainee Services, Standard 17, Section III.I.2. 4 2 per day during the weekend. 10 The visits must be private and should not be interrupted for head counts. 11 Each IGSA facility should establish a procedure by which attorneys may call to determine whether a detainee is housed in the facility. 12 Facilities should permit visits from attorneys, other legal representatives, legal assistants, and interpreters.13 The Standards require ICE to provide the Facility with a list of pro bono organizations that provide services to detainees. 14 The facility must provide notification of visitation rules and hours in the handbook, and post these rules where detainees may easily see them. 15 MCDC substantially meets this section of the Standards; however, The "MCDC Inmate Handbook and Jail Rules" (the "Handbook") 16 does not contain any information related to attorney visitations. Attorneys are allowed to visit their clients seven days a week during the following times: 7:30-11:00 a.m., 1:00-4:00 p.m., and 8:00-11:00 p.m. (the periods between these times, e.g. 11:00 a.m. to 1:00 p.m., are referred to as "lockdown"). 17 The policy for legal visitation was posted in the Facility's lobby/entrance and is available on the Internet. 18 Attorneys may visit detainees so long as they present a bar card. 19 Attorney visits do not require prior notice to the Facility. 20 All other persons involved in the legal representation of a detainee (e.g., law students, law graduates, accredited representatives, legal assistants, interpreters) may also visit the Facility under the attorney visitation rules as long as they provide identification. 21 The Housing Unit has three attorney visitation areas.22 Detainees can meet with their attorneys in two rooms on the first floor and one room on the second floor. 23 The ICE library located on the first floor of the Housing Unit is sometimes used for attorney visitation. 24 Attorney visitation must always be supervised by a Facility guard. 25 All attorney visitation areas allow for contact visits. 26 There is no option for a noncontact visit. 27 Detainees are not typically subject to strip searches after attorney visits, 28 but 10 Detention Operations Manual, Detainee Services, Standard 17, Section III.I.2. Detention Operations Manual, Detainee Services, Standard 17, Section III.I.9. 12 Detention Operations Manual, Detainee Services, Standard 17, Section III.I.6. 13 Detention Operations Manual, Detainee Services, Standard 17, Section III.I.3. 14 Detention Operations Manual, Detainee Services, Standard 16, Section III.E. 15 Detention Operations Manual, Detainee Services, Standard 17, Section III.B. 16 The MCDC Handbook is not specific to immigration detainees and therefore does not reflect any policies or procedures that the Facility may have implemented which are specific to detainees and different from those for the general inmate population. 17 b6 Notes of delegation member , on conversation with Lieutenant b6, b7C Notice of Attorney Hours and Rules. 18 Notes of delegation member , on conversation with Lieutenant b6, b7C; Notice of Attorney Hours and b6 Rules. 19 Notes of delegation member , on conversation with Lieutenant b6 b6, b7C 20 Notes of delegation member , on conversation with Lieutenant 21 Notes of delegation member , on conversation with Lieutenant b6, b7C b6 22 Notes of delegation member , on conversation with Lieutenant b6 b6, b7C 23 Notes of delegation member , on conversation with Lieutenant 24 Notes of delegation member , on conversation with Lieutenant . b6 b6, b7C 25 Notes of delegation member , on conversation with Lieutenant . 26 b6 Notes of delegation member , on conversation with Lieutenant b6, b7C 11 3 guards do conduct pat-down searches of the detainees after attorney visits. 29 Attorneys cannot continue a visit with a detainee during lockdown. 30 However, MCDC staff have the discretion to accommodate attorneys who arrive during the dinner lockdown hours. 31 Officers supervising the evening shift at MCDC have discretion to permit an attorney to meet with a detainee subsequent to dinner, but before the end of lockdown at 8:00 p.m. 32 On occasions where supervising guards allow attorneys to meet with detainees before the end of the lockdown period, attorneys have been allowed to enter between 6:30 p.m. and 8:00 p.m. 33 Supervising guards are especially likely to accommodate attorneys for early entrance when they are traveling from far locations, such as Miami. 34 Attorneys may call MCDC to determine whether a client is being housed at the Facility. 35 While MCDC has the capability to search for detainees by name, they are not permitted to disclose information beyond whether the detainee is at the Facility. 36 Several pro bono legal organizations provide services to MCDC detainees, and their contact information is posted. 37 One detainee stated that she has not faced any problem with regard to attorney visitation. 38 She said that she has had confidential visits with her attorney in the visitation rooms in the Housing Unit. 39 A second detainee met with her attorney from the Florida Immigrant Advocacy Center (FIAC) in a one-on-one meeting. 40 This detainee stated that the meetings were not a problem, but other types of communication were very difficult. 41 She stated that she has never received any messages that her FIAC attorney left for her, and that they did not receive an application she mailed. 42 2. Visitation by Family and Friends To maintain detainee morale and family relationships, the Standards encourage visits from family and friends. 43 The Standards require that facilities establish written visitation hours and procedures, post them where detainees can see them, and make them available to the public. 44 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 27 Notes of delegation member , on conversation with Lieutenant b6, b7C b6 Notes of delegation member , on conversation with Lieutenant 29 Notes of delegation member , on conversation with Lieutenant 30 Notes of delegation member , on conversation with Lieutenant 31 Notes of delegation member , on conversation with Lieutenant 32 Notes of delegation member , on conversation with Lieutenant b6 b6, b7C 33 Notes of delegation member , on conversation with Lieutenant 34 Notes of delegation member , on conversation with Lieutenant 35 Notes of delegation member , on conversation with Lieutenant . 36 Notes of delegation member , on conversation with Lieutenant . 37 b6 Notes of delegation member , on conversation with Lieutenant b6, b7C. 38 Notes of delegation interview with MCDC detainee who chose to remain anonymous. 39 Notes of delegation interview with MCDC detainee who chose to remain anonymous. 40 Notes of delegation member on conversation with detainee 41 Notes of delegation member b6 b6, b7C , on conversation with detainee 42 Notes of delegation member on conversation with detainee 43 Detention Operations Manual, Detainee Services, Standard 17, Section I. 44 Detention Operations Manual, Detainee Services, Standard 17, Section III.A & B. 28 4 hardship. 45 Visits should be at least thirty minutes long, and longer when possible.46 If a facility does not provide for visits from minors, ICE should arrange for visits with children or stepchildren within the detainee's first thirty days at the facility, with continuing monthly visits. 47 Visits should be granted to detainees in both disciplinary and administrative segregation unless a detainee violates the visitation rules or threatens the security of the visitation room. 48 MCDC substantially meets this section of the Standards; however, visitation policies for family and friends are not posted, and the Handbook contradicts the Standards and MCDC policy. Visitors may visit detainees five days a week, from Saturday through Wednesday. 49 There are no visitations on Thursdays or Fridays, unless a special visit request is approved. 50 There are six booths that may be used for visitations in the Housing Unit, with a Plexiglas divider between the detainee and the visitor. 51 Contact visits are prohibited. 52 Children are able to visit detainees, provided that they are accompanied by a guardian, that they have a birth certificate, and that they are not on the inmate's victim list. 53 Visitors are generally given thirty minutes of visitation time; however, visitors who travel more than fifty miles, and who provide prior notice of their visit, are given forty-five minutes. 54 Ms. b6, b7C a detainee, confirmed that this rule is strictly followed and that her father, who made a special trip from New York to visit Ms. b6, b7C was limited to a forty-five-minute visit. 55 Another detainee said that others who have had visitors from the Broward County area have been limited to thirty-minute visits, even with advance notice to the Facility. 56 Given the distance of the Facility from other urban areas, these two detainees stated that this rule can be very hard on a detainee whose family has to travel great distances to visit. 57 The delegation noted that there did not appear to be any posting in the Facility entrance or in the Housing Unit regarding visitation policies for visits other than legal visits.58 MCDC does have a phone number to call for visitation hours, which the delegation tested. 59 Visitation is allowed for detainees in segregation unless their disciplinary sanction includes loss of visitation privileges. 60 45 Detention Operations Manual, Detainee Services, Standard 17, Section III.H.1. Detention Operations Manual, Detainee Services, Standard 17, Section III.H.1. 47 Detention Operations Manual, Detainee Services, Standard 17, Section III.H.2. 48 Detention Operations Manual, Detainee Services, Standard 17, Section III.H.5. 49 b6 b6, b7C Notes of delegation members and , on conversation with Captain . 50 Notes of delegation members , on conversation with Captain b6, b7C . 51 b6 Notes of delegation members and , on conversation with Captain b6, b7C 52 Notes of delegation members , on conversation with Captain b6, b7C . 53 b6 Notes of delegation members and on conversation with Captain . b6, b7C 54 Notes of delegation members and on conversation with Captain . 55 b6 b6, b7C Notes of delegation members and on conversation with detainee . 56 b6, b7C Notes of delegation members and on conversation with detainee . 57 Notes of delegation members b6, b7C and on conversations with detainees and b6, b7C . 58Observation of delegation members b6 b6 and . 59 b6 Observations of delegation member 60 Notes of delegation member b6 , on conversation with Captain b6, b7C . 46 5 The Handbook contradicts or lacks information from both the Standards and MCDC policy. There is no discussion in the Handbook as to the length of the visit or exceptions for longer visits. 61 Also, the Handbook states that the visitation rules will be posted at the Reception Station and on the Housing Bulletin Board, 62 but the delegation did not observe any postings for non-legal visits. 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.63 In order to meet this requirement, facilities must provide at least one telephone for every twenty-five detainees. 64 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. 65 MCDC does not fully meet this Standard; detainees reported that phones are turned off and inaccessible for long periods during the day, and reported delays of several days in receiving phone cards. The Housing Unit, which houses 98 women, 66 has six telephones, all of which are located within the "Dayroom"—a large, well-lit room off of which the detainees cells are located. 67 The phones are fixed on the walls. 68 MCDC officials stated that the telephones were accessible for use during open Dayroom periods, i.e., other than during "lock-down" hours, and that there were no time limits placed on calls. 69 This contrasts with what detainees stated. One detainee stated that the phones are often turned off at different times during the day and are generally only turned on for two or three hours per day. 70 She further reported that Facility personnel do not tell the detainees when the phones are turned on. 71 Another detainee also stated that they are not informed when the telephones are operational, thus making the use of the telephones quite difficult. 72 A second detainee stated that it is difficult to use the telephones because there are so many people trying to use the telephones at the same time. 73 This detainee characterized inability to use the phones as her major concern about MCDC. 74 A third detainee characterized difficulty in making phone calls as a main problem with MCDC given that there are only six 61 MCDC Handbook. MCDC Handbook at 25. Detention Operations Manual, Detainee Services, Standard 16, Section I & III.A. 64 Detention Operations Manual, Detainee Services, Standard 16, Section III.C. 65 Detention Operations Manual, Detainee Services, Standard 16, Section III.B. 66 Notes of delegation member b6 , on conversation with Lieutenant b6, b7C. 67 Observation of delegation member . b6 68 Observation of delegation member . 69 b6 Notes of delegation member , on conversation with Officer b6, b7C 70 Notes of delegation member , on conversation with detainee . b6, b7C b6 71 Notes of delegation member , on conversation with detainee . 72 b6 b6, b7C Notes of delegation member , on conversation with detainee . 73 Notes of delegation members and on conversation with detainee b6 b6 74 Notes of delegation members and on conversation with detainee 62 63 6 b6, b7C telephones for ninety-eight women in the Housing Unit and hours of usage are limited. 75 She advised that the telephones are shut off during "transfers" of inmates. 76 As an example, this detainee noted that, on the day prior to our visit, the telephones were shut off from 7 p.m. to 9 p.m., and then shut off again from about 9:30 p.m. to 10:15 p.m. 77 A fourth detainee asserted that she has been able to use the phones in the Facility but that the phones do not always work. 78 She states that the guards at the Facility always say they cannot do anything about the phones. 79 A detainee can buy a phone card for $21.50 to receive forty minutes of use. 80 One detainee stated that she receives less than forty minutes each time she buys the card even though she pays the full amount. 81 Detainees also reported problems using phone cards, which are available for purchase from MCDC under the "canteen" system, 82 which can lead to delays. Several detainees complained about the canteen system. One detainee reported that detainees place orders for items from the canteen on Sundays and then pay for their canteen orders on Mondays; 83 the detainees are supposed to receive their canteen items on Tuesdays or Wednesdays at the latest, but they often receive them even later. 84 On the Thursday of the delegation's visit, this detainee reported that detainees had yet to receive their canteen items for that week. 85 According to this detainee, this problem has occurred about three times in the six or seven weeks that she has been at MCDC. 86 A second detainee confirmed this report that the canteen items have not been arriving on time. 87 She stated that detainees place and pay for their orders on Monday and the detainees are supposed to receive the goods on Wednesday. Recently, however, detainees and inmates have not received the goods until Thursday or Friday. This problem is particularly troublesome with regard to calling cards, which the detainees need to contact their attorneys and family. Since detainees purchase calling cards from the canteen in order to make telephone calls, their late delivery can thus limit a detainee’s ability to make the telephone calls that she needs to make. 88 2. Direct Calls and Free Calls The Standards allow facilities to generally restrict calls to collect calls; 89 however, the facility must permit detainees to make direct calls to the local immigration court, the Board of Immigration Appeals, federal and local courts, consular officials, legal service providers, 75 Notes of delegation members and , on conversation with detainee b6 b6 Notes of delegation members and , on conversation with detainee 77 Notes of delegation members and , on conversation with detainee 78 Notes of delegation interview with MCDC detainee who chose to remain anonymous. 79 Notes of delegation interview with MCDC detainee who chose to remain anonymous. 80 Notes of delegation interview with MCDC detainee who chose to remain anonymous. 81 b6 Notes of delegation member on conversation with detainee . b6, b7C 82 Notes of delegation interview with detainee who chose to remain anonymous. 83 Notes of delegation member , on conversation with detainee . 84 Notes of delegation member , on conversation with detainee . b6 b6, b7C 85 Notes of delegation member , on conversation with detainee . 86 Notes of delegation member , on conversation with detainee . 87 Notes of delegation interview with MCDC detainee who chose to remain anonymous. 88 b6 b6, b7C Notes of delegation member on conversation with detainee . 89 Detention Operations Manual, Detainee Services, Standard 16, Section III.E. 76 7 b6, b7C . . . government offices, and to family members in case of emergency. 90 The facility shall not require indigent detainees to pay for these types of calls if local, nor for non-local calls if there is a compelling need. 91 In addition, the facility "shall enable all detainees to make calls to the [ICE]provided list of free legal service providers and consulates at no charge to the detainee or the receiving party." 92 MCDC meets this section of the Standards, although one detainee stated that there have been problems reaching consulates. However, using the pre-programmed phone system is difficult and no instruction is given to the detainees. Finally, the Handbook states that the phones in the housing areas allow collect or calling card calls only. 93 Posted next to at least one of the telephones was a list of three-digit preprogrammed codes; this information was only available in English. 94 This same information was posted on a main bulletin board in the Dayroom. 95 Phone numbers are posted on these lists for FIAC, the United Nations High Commissioner for Refugees ("UNHCR"), Catholic Charities, Legal Aid, the Board of Immigration Appeals, and other legal providers and immigration courts. 96 However, although there are seven Haitian detainees in the facility, 97 the phone number and code from the Haitian consulate was not among those listed. 98 One delegation member tested a phone and was able to place a call to the consulate of the Dominican Republic.99 However, it took this delegation member numerous attempts to figure out the very complicated and cumbersome procedure in order to make this call go through. 100 One detainee reported that she too had difficulties making phone calls, and that MCDC personnel do not offer to assist detainees. 101 She stated that a detainee basically has to rely on other inmates to teach her how to use the phones. 102 Another detainee has seen other detainees experience trouble contacting their consular and deportation officers. 103 According to the Handbook, if a detainee needs to call overseas because of a true emergency, and is indigent, the detainee needs to fill out an Inmate Request Form in order to have the call made for them free of charge.104 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, 90 Detention Operations Manual, Detainee Services, Standard 16, Section III.E. Detention Operations Manual, Detainee Services, Standard 16, Section III.E. 92 Detention Operations Manual, Detainee Services, Standard 16, Section III.E. 93 MCDC Handbook at 24. 94 Observation of delegation member 95 b6 Observation of delegation member 96 Observation of delegation member 97 b6, b7C Notes of delegation member , on conversation with detainee b6 98 Notes of delegation member , on conversation with Lieutenant b6, b7C 99 b6 Observation of delegation member . 100 b6 b6 Observations of delegation members and 101 b6, b7C Notes of delegation member on conversation with detainee b6 102 b6 b6, b7C Notes of delegation member , on conversation with detainee 103 Notes of delegation interview with detainee who chose to remain anonymous. 104 MCDC Handbook at 24. 91 8 . unless necessary for security purposes or to maintain orderly and fair access to telephones. 105 If time limits are necessary, calls should be no shorter than 20 minutes. 106 The Standards require that the facility ensure privacy for detainees' telephone calls regarding legal matters, and that calls shall not be electronically monitored absent a court order. 107 MCDC does not meet this section of the Standards: the Facility limits calls to fifteen minutes; does not have private areas from which phone calls can be made; and monitors and records all phone calls. One detainee reported that Facility personnel limit detainees to a maximum of fifteen minutes per calling period. 108 Detainees are unable to make private telephone calls because the phones where detainees make outgoing calls are all located in the Dayroom with no privacy safeguards. 109 The telephones are out in the open, and there are no partitions. 110 According to MCDC officials and the Handbook, all phone conversations made on the outgoing phones are recorded and monitored, regardless of whether they are made to an attorney. 111 4. Incoming Calls and Messages The Standards require that facilities take and deliver messages to detainees as promptly as possible. 112 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 the detainee to return the emergency call as soon as possible. 113 MCDC does not meet this section of the Standards; messages are not always delivered. Incoming messages are handled by an operator, but are delivered to the detainee at the discretion of the officer on duty. 114 Similarly, the procedure for making emergency calls is to refer them to the officer on duty on a case-by-case basis. 115 One detainee stated that she receives phone messages from her lawyer, but not from her family. 116 Another detainee stated that she has never received any messages that her FIAC attorney left for her. 117 105 Detention Operations Manual, Detainee Services, Standard 16, Section III.F. Detention Operations Manual, Detainee Services, Standard 16, Section III.F. 107 Detention Operations Manual, Detainee Services, Standard 16, Section III.J. 108 b6 b6, b7C Notes of delegation member on conversation with detainee . 109 Observation of delegation member b6 110 Observation of delegation member . 111 b6 Notes of delegation member on conversation with Lieutenant b6, b7C and Officer Handbook at 24. 112 Detention Operations Manual, Detainee Services, Standard 16, Section III.I. 113 Detention Operations Manual, Detainee Services, Standard 16, Section III.I. 114 Notes of delegation member on conversation with Officer b6 b6, b7C 115 Notes of delegation member on conversation with Officer 116 b6, b7C Notes of delegation member on conversation with detainee i. b6 117 b6, b7C Notes of delegation member on conversation with detainee . 106 9 b6, b7C MCDC 5. Telephone Privileges in the Administrative Segregation Unit The Standards provide that detainees in a Special Management Unit ("SMU") for disciplinary reasons shall be permitted to make direct and/or free calls, except under compelling security conditions. 118 MCDC meets this section of the Standards. Detainees at MCDC placed in the SMU for disciplinary reasons may have access to the phones unless their disciplinary violation involved failure to follow the rules regarding phone usage. 119 C. Access to Law 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." 120 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. 121 Each detainee shall be permitted to use the law library for a minimum of five hours per week. 122 The facility must post a listing of its holdings in the law library. 123 MCDC does not fully meet this section of the Standards; there is no list of holdings posted in the law library, and the Handbook states that only pro se inmates are provided with reasonable access to the library. The Housing Unit has a library off the dayroom referred to as the "ICE" library, which is open whenever the facility is not in “lock-down” mode. 124 There is a separate and larger general MCDC library elsewhere in the Facility which may be accessed by making an appointment, but which does not contain immigration materials. 125 According to MCDC officials, no more than two detainees are allowed in the ICE library at one time. 126 By restricting access to the law library to two detainees at any one time, it is possible that the Standard permitting each detainee a minimum of five hours per week in the library, is violated. All materials stay in the library and inmates may not "check out" materials. 127 Inmates are allowed to keep one "bin" full of their own legal materials or documents in their cell. 128 118 Detention Operations Manual, Detainee Services, Standard 16, Section III.G. b6 Notes of delegation member on conversation with Captain b6, b7C Detention Operations Manual, Detainee Services, Standard 1, Section I. 121 Detention Operations Manual, Detainee Services, Standard 1, Section III.G. 122 Detention Operations Manual, Detainee Services, Standard 1, Section III.G. 123 Detention Operations Manual, Detainee Services, Standard 1, Section III.C. 124 Notes of delegation member , on conversation with Lieutenant . b6 b6, b7C 125 Notes of delegation member on conversation with Lieutenant 126 b6 b6 b6, b7C Notes of delegation members and , on conversation with Deputy . 127 b6 b6 Notes of delegation members and , on conversation with Deputy b6, b7C , and detainee . b6, b7C 128 b6 b6 Notes of delegation members and , on conversation with Deputy b6, b7C 119 120 10 There is no list of library materials and the library contents, including paper supplies, are managed by ICE. 129 One detainee said that access to the library sometimes depends on the mood of the supervising officer. 130 Another detainee reported that the detainee library is closed on the weekends. 131 This closure presents a problem because immigration court hearings are often on Monday mornings, and detainees who receive relevant documents in the mail late in the prior week are unable to do further research based on these documents to prepare. 132 According to this detainee, as a result detainees are often disadvantaged because they do not have sufficient time to prepare for Monday court hearings. 133 The Handbook states that only inmates who are unable to obtain counsel to assist them, or "pro-se" inmates, will be provided “reasonable access to the legal materials that are in the law library.” 134 However, staff indicated that detainees generally have access to the law library. 135 According to the Handbook, before an inmate may access the library, such inmate must first complete an Inmate Request Form. 136 2. Library Conditions The Standards require that a facility provide a law library with sufficient space to facilitate detainees' legal research and writing. 137 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." 138 MCDC appears to meet this section of the Standards. The Facility limits access to the library to two detainees at one time; the law library is located in a very small space, with room for only two to three people. 139 The library has three computers, two chairs, a printer, a copier, and a bookshelf. 140 The library is somewhat removed from noise and foot traffic, so it does allow research to be done free of distractions. 141 3. Materials Identified in the Detention Standards 129 Notes of delegation members and , on conversation with Lieutenant b6, b7C b6 b6 b6, b7C Notes of delegation members and , on conversation with detainee 131 Notes of delegation member , on conversation with detainee . 132 b6 Notes of delegation member , on conversation with detainee . b6, b7C 133 Notes of delegation member , on conversation with detainee . 134 MCDC Handbook at 27. 135 Notes of delegation member b6 , on conversation with Lieutenant b6, b7C notes of delegation member , on conversation with Deputy b6, b7C . b6 136 MCDC Handbook at 27. 137 Detention Operations Manual, Detainee Services, Standard 1, Section III.A. 138 Detention Operations Manual, Detainee Services, Standard 1, Section III.A. 139 b6 Observations of delegation member . 140 b6 b6 Observations of delegation members and . 141 b6 Observation of delegation member . 130 11 The Standards require that all facility law libraries contain the materials listed in Attachment A to the chapter on Access to Legal Materials. 142 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. 143 Damaged or stolen materials must be promptly replaced. 144 MCDC fails to meet this section of the Standards; most of the required legal materials are unavailable. The bookshelf contained the Detention Standards, United States Constitution, FIAC forms, Black's Law Dictionary, Bender's Immigration Case Reporter (Volumes 11, 12, 13, 22, and 23, and Immigration Law and Procedure Reporter (Volumes 1, and 3-10). 145 The remainder of the items required by Attachment A were unavailable, and the delegation did not see any CD-ROMs at the facility. 146 When questioned about the limited resources, MCDC officials stated that the ICE library was maintained by ICE and all comments should be directed to ICE. 147 4. Library Equipment and Supplies The Standards require that facility law libraries provide an adequate number of typewriters and/or computers, writing implements, paper, and office supplies to enable detainees to prepare documents for legal proceedings. 148 Facilities must provide detainees with paper, envelopes, and writing implements free of charge. 149 Staff must inspect at least weekly to ensure equipment is in working order and to stock sufficient supplies. 150 MCDC does not meet this Standard; supplies including writing implements and envelopes have to be purchased. The ICE library contained one pack of white printing paper, but a detainee stated that paper is usually lacking in the ICE library. 151 There were no pens, pencils, envelopes, or stamps. 152 One detainee stated that while indigent detainees are provided with paper and pens, they must have money in their account or “pay the facility back.” 153 When questioned about this issue, MCDC officials stated that all supplies of this type may be purchased from the canteen and that indigent inmates could apply for free supplies. 154 The Handbook states that supplies are available for “pro-se inmates”; it does not include any provisions specifically for ICE detainees. 155 The Handbook states that indigent pro-se inmates 142 Detention Operations Manual, Detainee Services, Standard 1, Section III.C. Detention Operations Manual, Detainee Services, Standard 1, Section III.E. 144 Detention Operations Manual, Detainee Services, Standard 1, Section III.F. 145 b6 b6 Observations of delegation members and 146 Delegation observations. 147 Notes of delegation member on conversation with Lieutenant b6, b7C b6 148 Detention Operations Manual, Detainee Services, Standard 1, Section III.B. 149 Detention Operations Manual, Detainee Services, Standard 3, Section III.J. 150 Detention Operations Manual, Detainee Services, Standard 1, Section III.B. 151 b6 b6 Observations of delegation members and ; notes of delegation member b6, b7C on conversation with detainee 152 b6 b6 Observations of delegation members and . 153 b6 Notes of delegation member on conversation with detainee . b6, b7C 154 b6 Notes of delegation member on conversation with Deputy b6, b7C . 155 MCDC Handbook at 28. 143 12 b6 are allotted $15 per month for legal postage. 156 It also states elsewhere that inmates with $.34 or less in their account can check the indigent line on the Commissary Order Form, and they will then be provided with three envelopes, three sheets of paper, and one pencil on a weekly basis. 157 The Standards require all indigent detainees to get free postage for five pieces of legal mail per week—they do not specify a monetary limit. 158 The delegation tested the printer and two computers and they appeared to be in working order, but they may only be used for word processing functions. 159 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. 160 Enough copies must be provided so that a detainee can fulfill court procedural rules and retain a copy for his records. 161 Facility personnel may not read a document that on its face is clearly related to a legal proceeding involving the detainee. 162 MCDC meets this section of the Standards. Detainees in the Housing Unit may make copies in the ICE library free of charge, and there do not appear to be any limits on the number of copies that can be made. 163 However, the Handbook limits photocopies to "pro-se" inmates and makes no reference to detainees. 164 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 security risk. 165 MCDC meets this section of the Standards. Detainees are permitted to help each other prepare letters or other documents. 166 7. Notice to Detainees The Standards require that the detainee handbook provide detainees with the rules and procedures governing access to legal materials. 167 156 MCDC Handbook at 28. MCDC Handbook at 22. 158 Detention Operations Manual, Detainee Services, Standard 3, Section III.I. 159 b6 b6 Notes of delegation members and , who personally tested the equipment. 160 Detention Operations Manual, Detainee Services, Standard 1, Section III.J. 161 Detention Operations Manual, Detainee Services, Standard 1, Section III.J. 162 Detention Operations Manual, Detainee Services, Standard 1, Section III.J. 163 b6 b6 Notes of delegation members and , on conversation with Deputy b6, b7C . 164 MCDC Handbook at 27-28. 165 Detention Operations Manual, Detainee Services, Standard 1, Section III.K. 166 b6 b6 Notes of delegation members and , on conversation with detainee b6, b7C 167 Detention Operations Manual, Detainee Services, Standard 1, Section III.Q. 157 13 MCDC fails to meet this section of the Standards because the Handbook states that only "pro-se" inmates will have access to the library. 168 There is no discussion in the Handbook specific to detainees. D. Group Rights Presentations The Standards provide that facilities holding ICE detainees "shall permit authorized persons to make presentations to groups of detainees for the purpose of informing them of U.S. immigration law and procedures, consistent with the security and orderly operation of each facility." 169 Informational posters are to be prominently displayed in the housing units at least forty-eight hours in advance of a scheduled presentation. 170 While the presentations are open to all detainees, the facility "may limit the number of detainees at a single session." 171 "The facility shall select and provide an environment conducive to the presentation, consistent with security." 172 In addition, detainees shall have regular opportunities to view an "INS-approved videotaped presentation on legal rights." 173 MCDC substantially meets this section of the Standards; however, informational posters are not posted in advance of presentations. According to MCDC, FIAC is able to make presentations approximately once every six weeks. 174 The Facility performs background, criminal history and credentials checks on all persons who will give a presentation. 175 Two weeks before a scheduled presentation, an announcement is made to the detainees, but no informational posters are displayed in the housing units.176 One detainee stated that she heard about the group rights presentation and about FIAC through other detainees and "word of mouth" but she does not recall any general announcement having been made. 177 The presentations take place in MCDC's programming room, which is an environment conducive to the presentation since it is well-lit, has seating available, and can accommodate at least twenty detainees at one time. 178 The presentations are open to all detainees. 179 While the number of detainees at a single session may be limited, enough sessions are held such that all detainees interested in attending the presentation are able to attend. 180 The "Know Your Rights" video is aired on the televisions inside the Facility every weekend. 181 MCDC has an English and a Spanish version of this video presentation, and both 168 169 MCDC Handbook at 27. Detention Operations Manual, Detainee Services, Standard 9, Section I. 170 Detention Operations Manual, Detainee Services, Standard 9, Section III.I. 171 Detention Operations Manual, Detainee Services, Standard 9, Section III.C. 172 Detention Operations Manual, Detainee Services, Standard 9, Section III.E. 173 Detention Operations Manual, Detainee Services, Standard 9, Section III.I. 174 Notes of delegation member , on conversation with Lieutenant . 175 Notes of delegation member , on conversation with Lieutenant b6, b7C. 176 Notes of delegation member , on conversation with Lieutenant . 177 b6, b7C Notes of delegation member on conversation with detainee b6 178 Notes of delegation member , on conversation with Lieutenant . 179 Notes of delegation member , on conversation with Lieutenant . b6, b7C 180 Notes of delegation member , on conversation with Lieutenant . 181 Notes of delegation member , on conversation with Lieutenant . 14 . are shown weekly (one each day of the weekend). 182 Prior to airing the video, an announcement is made, and every television in the Facility is tuned into this video. 183 IV. OTHER PROVISIONS OF THE ICE DETENTION STANDARDS A. Correspondence and Other Mail The Standards distinguish between general correspondence and legal correspondence, which is referred to as special correspondence; they mandate that detainees are allowed to send and receive correspondence in a timely manner, subject to limitations required for safety, security, and orderly operation of the facility." 184 General correspondence is normally opened and inspected for contraband in the presence of the detainee. It may, however, be opened and even read outside the presence of the detainee if security reasons exist for doing so. 185 The rules are different for special correspondence, which includes all written communication to or from attorneys, legal representatives, judges, courts, government officials, and the news media. 186 If special correspondence is incoming it can be inspected for contraband only if done in the presence of the detainee. 187 If the special correspondence is outgoing, it may not be opened, inspected, or read. 188 MCDC fails to meet this section of the Standards because it does not distinguish between general correspondence and special correspondence, and all correspondence including special correspondence is read by officials outside the presence of detainees. An MCDC official stated that outgoing correspondence, whether general or special correspondence, is read by the officer on duty in the presence of the detainee, and then "authorized" for mailing by that officer. 189 A second level of review takes place at a more senior officer level before the correspondence leaves the Facility. 190 Incoming correspondence, regardless of whether it is labeled "attorney-client communication," is opened read by MCDC officials in the mail room, outside the presence of detainees. 191 Two detainees reported that they have successfully mailed correspondence to outside parties. 192 One of these detainees stated that she has greater success sending outgoing mail than in receiving incoming mail. 193 However, she stated that even though she mailed an application to FIAC, they did not receive it, which required her to ask for a new application to be sent to 182 Notes of delegation member , on conversation with Lieutenant . b6 b6, b7C Notes of delegation member , on conversation with Lieutenant . 184 Detention Operations Manual, Detainee Services, Standard 3, Section I. 185 Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & E. 186 Detention Operations Manual, Detainee Services, Standard 3, Sections III.B, E, & F. 187 Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & E. 188 Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & F. 189 Notes of delegation member , on conversation with Officer 190 Notes of delegation member b6 , on conversation with Officer b6, b7C 191 Notes of delegation member , on conversation with Officer 192 b6, b7C Notes of delegation member , on conversation with detainees b6 193 b6, b7C Notes of delegation member , on conversation with detainee . 183 15 and b6, b7C . her. 194 Another detainee stated that it takes five to six days for detainees to receive regular mail. 195 The Handbook states that "[o]utgoing and incoming mail will be inspected for contraband or security breeches [sic] in accordance with the Florida Model Jail Standards with the exception of legal mail. Incoming and outgoing legal mail inspections will only be conducted in the presence of the inmate. According to the Handbook, the officer is not allowed to read legal mail for content during these inspections."196 However, the Standards do not permit review of outgoing legal mail, even in the presence of a detainee. All privileged outgoing mail will not be opened, but it may be held for up to seventy-two hours for the Facility to confirm it is properly addressed. 197 One detainee stated that when she tried to send out pages copied from a legal book, she was denied an envelope because the officer said that it was not legal work. 198 There is no definition in the Handbook for “special correspondence”—the Handbook mentions, but does not define, “legal mail” or “privileged mail.” 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. 199 Every detainee should receive a copy of the handbook upon admission to the facility. 200 The handbook will be written in English and translated into Spanish and other prevalent languages as appropriate. 201 The handbook must include visitation hours and rules. 202 The handbook must notify detainees of the facility correspondence policy. 203 The grievance section of the handbook must provide notice of the opportunity to file both formal and informal grievances and the procedures for filing grievances and appeals. 204 The handbook must provide notice of the facility's rules of conduct and the sanctions imposed. 205 It must advise detainees of rights including the right to protection from abuse, right to freedom from discrimination, and right to pursue a grievance. 206 The handbook must also state that detainees have the opportunity to submit written questions, requests, or concerns to ICE staff and the procedures for doing so. 207 The Officer in Charge will provide a copy of the handbook to every staff member who has contact with detainees. 208 194 b6, b7C b6 Notes of delegation member , on conversation with detainee . b6 b6, b7C Notes of delegation member , on conversation with detainee . 196 MCDC Handbook at 26. 197 MCDC Handbook at 26. 198 b6 b6 Notes of delegation members and , on conversation with detainee 199 Detention Operations Manual, Detainee Services, Standard 6, Section I. 200 Detention Operations Manual, Detainee Services, Standard 6, Section I. 201 Detention Operations Manual, Detainee Services, Standard 6, Section III.E. 202 Detention Operations Manual, Detainee Services, Standard 17, Section III.B. 203 Detention Operations Manual, Detainee Services, Standard 3, Section III.B. 204 Detention Operations Manual, Detainee Services, Standard 5, Section III.G. 205 Detention Operations Manual, Detainee Services, Standard 5, Section III.A.5. 206 Detention Operations Manual, Detainee Services, Standard 5, Section III.A.5. 207 Detention Operations Manual, Detainee Services, Standard 15, Section III.B.3. 208 Detention Operations Manual, Detainee Services, Standard 6, Section III.H. 195 16 b6, b7C MCDC does not meet this section of the Standards; the Handbook does not have visiting hours, does not provide information on how to contact ICE, and does not advise detainees of their right to protection from abuse and discrimination. According to staff, the Handbook is distributed to detainees upon their admittance to the Facility. 209 However, two detainees stated that they were not given the Handbook on admittance. 210 The Handbook is not specific to detainees, but is prepared for the general inmate population. It is written in English and in Spanish. 211 The Handbook is distributed to all staff at the Facility 212 and the staff refers to the Handbook on a regular basis. 213 The Handbook does not provide a visitation schedule. 214 The Handbook does contain general procedures regarding correspondence, as discussed above, although the provisions with respect to special correspondence do not meet the Standards. 215 The Handbook also has several pages explaining the rules of conduct, prohibited conduct, and the penalties for failure to adhere to the rules. 216 There is no reference in the Handbook informing detainees to contact ICE with questions or concerns. In addition, there are no procedures advising detainees on how to contact ICE. ICE is only mentioned as an agency that should not be contacted using an Inmate Request Form. 217 The Handbook does discuss a procedure by which the detainee may appeal a disciplinary recommendation, 218 or bring forward a grievance. 219 There is not, however, any reference or statement in the Handbook that the detainees have rights, including the right to protection from abuse and right to freedom from discrimination. C. Recreation The Standards require all detainees to have access to recreational programs and activities, under conditions of security and safety. 220 Detainees should be housed in facilities with outdoor recreation. 221 Detainees should have access to "fixed and movable equipment," including opportunities for cardiovascular exercise, and games and television in dayrooms. 222 Under no circumstances will a facility require detainees to forego law library privileges for recreation privileges. 223 209 b6 Notes of delegation member , on conversation with Lieutenant b6, b7C b6, b7C b6 b6, b7C Notes of delegation member , on conversation with detainees and . 211 Notes of delegation member , on conversation with Lieutenant 212 b6 Notes of delegation member , on conversation with Lieutenant b6, b7C 213 Notes of delegation member , on conversation with Lieutenant 214 MCDC Handbook at 25. 215 MCDC Handbook at 25-26. 216 MCDC Handbook at 6-12. 217 MCDC Handbook at 12. 218 MCDC Handbook at 3. 219 MCDC Handbook at 12. 220 Detention Operations Manual, Detainee Services, Standard 13, Section I. 221 Detention Operations Manual, Detainee Services, Standard 13, Section III.A, which also provides that "all new or renegotiated contracts and IGSAs will stipulate that INS detainees have access to an outdoor recreation area." 222 Detention Operations Manual, Detainee Services, Standard 13, Section III.G. 223 Detention Operations Manual, Detainee Services, Standard 13, Section III.B. 210 17 MCDC meets this section of the Standards. The Housing Unit has one indoor recreation room (the Dayroom) with tables, benches and two televisions. 224 Connected to the Dayroom is an outdoor area (approximately 400 square feet) made of concrete with a wire mesh roof. 225 Use of the indoor and outdoor rooms is permitted when the Facility is not under "lockdown." 226 Detainees have access to natural sunlight either in the Dayroom or in the outside area. 227 Neither room provides equipment for muscular or cardiovascular exercise. 228 The Dayroom is well-lit and is kept at a comfortable temperature. 229 It has many tables and chairs, two TVs, telephones, a book shelf with a large number of novels, a ping pong table, and a few board games and puzzles. 230 The Housing Unit also has a multipurpose room upstairs which contains a television and books. 231 Classes and presentations can also be held in this multipurpose room. 232 The outdoor recreation area consists of a small basketball court with one basketball hoop, high walls, and some sunlight. 233 The women are free to go in and out of the outdoor recreation room as they please, so long as large groups do not begin to form and things do not get out of control. 234 There is one basketball available for use by the detainees, which is in good condition. 235 The Handbook indicates that recreational activities will be permitted, weather permitting, based upon a schedule tied to the specific housing unit. 236 "Horseplay," "fights, and other disturbances," can lead to a loss of such recreational privileges and possibly disciplinary action. 237 D. Access to Medical Care The Standards require that all detainees have access to medical services that promote detainee health and general well-being. 238 Each facility is required to have regularly scheduled times, known as "sick call," when medical personnel are available to see detainees who have requested medical services. 239 For a facility of over 200 detainees, there must be sick call five days per week. 240 Facilities must also have procedures in place to provide emergency medical 224 Notes of delegation members and , on conversation with Captain Notes of delegation members and , on conversation with Captain 226 Notes of delegation members b6 b6 and , on conversation with Captain 227 Notes of delegation members and , on conversation with Captain 228 Notes of delegation members and , on conversation with Captain 229 b6 b6 Observations of delegation members and . 230 Observations of delegation member b6 231 Observations of delegation member 232 b6 b6 Notes of delegation members and , on conversation with Captain 233 b6 Observations of delegation member . 234 b6 b6 Notes of delegation members and , on conversation with Deputy 235 b6 Observations of delegation member . 236 MCDC Handbook at 27. 237 MCDC Handbook at 27. 238 Detention Operations Manual, Health Services, Standard 2, Section I. 239 Detention Operations Manual, Health Services, Standard 2, Section III.F. 240 Detention Operations Manual, Health Services, Standard 2, Section I. 225 18 . . b6, b7C . . . b6, b7C b6, b7C care for detainees who require it. 241 With respect to emergency care, the Standards state that in a situation in which a detention officer is uncertain whether a detainee requires emergency medical care, the officer should immediately contact a health care provider or an on-duty supervisor. 242 If a detainee is diagnosed as having a medical or psychiatric condition requiring special attention (e.g., special diet), the medical care provider is required to notify the Officer in Charge in writing. 243 MCDC appears to meet this section of the Standards. However, detainees discussed delays in medical care and in receiving medication. Due to its limited resources and its contract with ICE, MCDC does not accept detainees with serious medical problems. 244 Before the detainee arrives at the Facility, medical personnel review the detainee's medical file. 245 If the medical personnel determine that the detainee does not have serious medical problems, then the Facility will accept the detainee. 246 If a detainee develops a serious medical condition subsequent to being admitted, MCDC will request that ICE remove the detainee. 247 According to MCDC officials, ICE has been responsive to such requests. 248 Medications are distributed daily by nurses to the detainees, who are prohibited from bringing their own medications into the Facility. 249 The medical staff consists of one dentist, two part-time doctors, one psychologist, one mental-health counselor, one physician assistant, and twenty-two nurses. 250 While doctors are on site four days a week, they are on call twenty-four hours a day, seven days a week. 251 Only doctors who work for Prison Health Services, which provides all medical services to the Facility, may provide services to detainees. 252 MCDC staff stated that the last time NCCHC visited the Facility, the health program complied with NCCHC standards. 253 The last visit was three years ago; NCCHC visits the Facility once every three years. 254 The Facility has an infirmary, which appeared clean and well lit.255 It also has individual units for both juveniles and female detainees, which units are capable of being covered for the detainees’ privacy. 256 There are three ways a detainee may be admitted to the infirmary: (i) at intake, a nurse may send a detainee directly to the infirmary; (ii) a doctor may admit a detainee to the infirmary; and (iii) detainees who are under a suicide watch are admitted to the 241 Detention Operations Manual, Health Services, Standard 2, Sections III.A, D, & G. Detention Operations Manual, Health Services, Standard 2, Section III.H. 243 Detention Operations Manual, Health Services, Standard 2, Section III.J. 244 b6 Notes of delegation member , on conversation with Lieutenant b6, b7C and Medical Director b6 b6 . 245 Notes of delegation member , on conversation with Lieutenant and Medical Director b6, b7C 246 b6 Notes of delegation member , on conversation with Lieutenant b6, b7Cand Medical Director 247 Notes of delegation member , on conversation with Lieutenant 248 b6 Notes of delegation member , on conversation with Captain b6, b7C . 249 Notes of delegation member , on conversation with Medical Director . 250 Notes of delegation member , on conversation with Medical Director . 251 Notes of delegation member , on conversation with Medical Director . b6 b6 252 Notes of delegation member , on conversation with Medical Director . 253 Notes of delegation member , on conversation with Medical Director . 254 Notes of delegation member , on conversation with Medical Director . 255 b6 Observations of delegation member . 256 b6 Notes of delegation member , on conversation with Lieutenant b6, b7C 242 19 infirmary. 257 The Facility also has a "chronic clinic" 258 where detainees are treated for AIDS, HIV, asthma, and diabetes. 259 Independent medical providers are permitted to visit the Facility and provide services only if Prison Health Services requests or approves the visit in advance. 260 Occasionally, after a physician evaluates a detainee at the Facility, the physician will suggest that the detainee visit an off-site specialist. 261 Off-site visits require special arrangements for transportation. 262 MCDC medical personnel try to keep such off-site medical visits to a minimum because of the limited resources available in the Keys. 263 When each detainee is admitted to the Facility, the medical staff conducts a medical intake. 264 If the medical staff determines that a detainee suffers from a medical condition, the staff will periodically check up on the detainee. 265 If the detainee does not appear to suffer from a medical problem, then within fourteen days of admittance, the medical staff will conduct a physical of the detainee. 266 If the physical demonstrates that the detainee does not suffer from medical conditions, then medical care will only be provided if the detainee requests it. 267 In order to seek medical care, detainees submit a medical request on a piece of paper and place the request in a lock-box, which is located in the Housing Unit and in the SMU. 268 Nurses review the submission every twenty-four hours. 269 If the medical staff cannot properly address the medical issue, they call a doctor. 270 For non–English speaking detainees, the Facility has access to local interpreters and the AT&T Language Line, to provide translation services. 271 Many of the detainees had concerns regarding the quality of medical care and responsiveness of the staff. One detainee reported that the medical staff "does not want to give too much" and that the doctors think the detainees or inmates complain too much. 272 This detainee had a persistent rash, and had to make repeated requests to see the medical staff before she was properly diagnosed with a wool allergy and given a non-wool blanket. 273 257 Notes of delegation member Notes of delegation member 259 Notes of delegation member 260 Notes of delegation member 261 Notes of delegation member 258 b6 b6 , on conversation with Lieutenant b6, b7C , on conversation with Medical Director . b6 , on conversation with Medical Director . on conversation with Director b6 b6 , on conversation with Director , and Director of Nurses b6 b6 262 Notes of delegation member . 263 Notes of delegation member b6 . 264 Notes of delegation member 265 Notes of delegation member 266 Notes of delegation member 267 Notes of delegation member 268 Notes of delegation member 269 Notes of delegation member 270 Notes of delegation member 271 Notes of delegation member 272 Notes of delegation member 273 Notes of delegation member b6 on conversation with Director b6 , and Director of Nurses b6 b6 , on conversation with Director b6 , and Director of Nurses b6 b6 b6 b6 b6 , on conversation with Medical Director , on conversation with Medical Director , on conversation with Medical Director b6 , on conversation with Medical Director , on conversation with Medical Director , on conversation with Medical Director , on conversation with Medical Director , on conversation with Lieutenant b6, b7C , on conversation with detainee Karen b6, b7C , on conversation with detainee Karen 20 . . . . . . . A second detainee indicated that she had requested to see a doctor more than two months before the delegation’s visit.274 The request was made consistent with the procedures (i.e., submitting a written request in a lock box) and yet she continued to wait, as no doctor had yet seen her. 275 She did, however, receive a TB test. 276 A third detainee stated that she was denied her seizure medicine for about three weeks. 277 During this time, she had to sleep on a top bunk in her cell, even though she requested a bottom bunk, and she was constantly afraid of falling during a potential nighttime seizure. 278 A fourth detainee concluded that the medical request system is faulty as she had yet to receive a proper response to her medical requests. 279 This detainee suffers from regular migraines and has previously been on medication for them. 280 While she has requested the same medication, she instead received a different medication. 281 She then submitted another request, but the doctors told her that she was probably just stressed and that she didn't need the medication. 282 She also stated that, with a problem like recurring migraines, it is pointless to submit a medical request when one starts to suffer from a migraine. 283 Inmates are not allowed to hold any medication, and officers are not equipped with even basic Tylenol or Aspirin for such problems. 284 She said the process of submitting a medical request and obtaining the proper medication usually takes approximately three days. 285 Thus, by the time a detainee suffering from a migraine receives the medication she has requested, the migraine will have run its course. 286 A fifth detainee stated that she was not satisfied with the medical attention she had received at the Facility. 287 She has not had a physical since she has been at the Facility. 288 This detainee is allergic to bread and corn ("starchy foods"), which she maintains is the overwhelming component of the daily food served. 289 She stated she has doctor's papers to verify her allergies. 290 She was able to visit the doctor once for her allergy problem. 291 Although she specifically requested Claritin, the doctor only gave her Benadryl and Ibuprofen, which did not 274 Notes of delegation member Notes of delegation member 276 Notes of delegation member 277 Notes of delegation members b6 on conversation with detainee . b6, b7C on conversation with detainee . on conversation with detainee . b6 and on conversation with detainee b6, b7C b6 and 275 b6 b6, b7C 278 Notes of delegation members . 279 Notes of delegation members 280 Notes of delegation members 281 Notes of delegation members 282 Notes of delegation members 283 Notes of delegation member 284 Notes of delegation member 285 Notes of delegation member 286 Notes of delegation member 287 Notes of delegation member 288 Notes of delegation member 289 Notes of delegation member 290 Notes of delegation member 291 Notes of delegation member , on conversation with detainee b6 b6, b7C b6, b7C b6 b6 b6 and and and and and and and and , on conversation with detainee , on conversation with detainee b6 , on conversation with detainee , on conversation with detainee , on conversation with detainee , on conversation with detainee b6 , on conversation with detainee , on conversation with detainee on conversation with detainee on conversation with detainee b6, b7C on conversation with detainee , on conversation with detainee . on conversation with detainee 21 . b6, b7C b6, b7C . . . . resolve her symptoms. 292 Since then she has written and submitted three to four requests to see the doctor for her food allergies, including one request she filed directly with ICE, but she has not received a response. 293 Because her food allergies have yet to be properly addressed, the detainee avoids eating the food provided by MCDC. 294 Notwithstanding, she always takes a food tray during meal times to avoid being placed on "suicide watch" for failing to eat and generally gives her food to fellow inmates. 295 E. Access to Dental Care The Standards require that detainees have an initial dental screening exam within fourteen days of the detainee's arrival, and require the facility to provide emergency dental treatment and repair of prosthetic appliances. 296 For detainees who are held in detention for over six months, routine dental treatment may be provided, including amalgam and composite restorations, prophylaxis, root canals, extractions, x-rays, the repair and adjustment of prosthetic appliances and other procedures required to maintain the detainee's health. 297 MCDC does not meet this section of the Standards; detainees do not receive an initial screening as required by the Standards. MCDC staff stated that there is a dentist on staff. 298 The Handbook indicates that the dentist is on call one day per week, and that requests to see the dentist must be made in writing. 299 Consistent with the Handbook, at least one detainee stated that the dentist only visits for a certain number of hours per week. 300 This detainee reported she has concerns regarding the quality of dental care provided at the Facility. 301 The detainee indicated that she has suffered from the discomfort associated with having three cavities. 302 Accordingly she made an appointment to see the dentist.303 During the visit, the dentist would only treat one of her cavities, as opposed to all three. 304 The dentist indicated that he only "has time to treat one tooth at a time." 305 To obtain treatment for the other two cavities, the detainee stated that she would have to make two more appointments, one tooth per month. 306 Another detainee said she has not been able to see a dentist. 307 292 Notes of delegation member on conversation with detainee Notes of delegation member on conversation with detainee b6 294 Notes of delegation member on conversation with detainee 295 Notes of delegation member on conversation with detainee 296 Detention Operations Manual, Health Services, Standard 2, Section III.E. 297 Detention Operations Manual, Health Services, Standard 2, Section III.E. 298 Notes of delegation member b6 , on conversation with detainee 299 MCDC Handbook at 17. 300 Notes of delegation member , on conversation with detainee 301 Notes of delegation member , on conversation with detainee 302 Notes of delegation member , on conversation with detainee 303 b6 Notes of delegation member on conversation with detainee 304 Notes of delegation member on conversation with detainee 305 Notes of delegation member on conversation with detainee 306 Notes of delegation member on conversation with detainee 307 Notes of delegation member b6 , on conversation with detainee 293 22 b6, b7C b6, b7C . b6, b7C . . . . . . . b6, b7C . F. Hunger Strikes The Standards require that all facilities follow accepted standards of care in the medical and administrative management of hunger-striking detainees. 308 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. 309 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]." 310 MCDC meets this section of the Standards. If an inmate or detainee declares a hunger strike, the medical staff assesses the mental state of the patient, and regularly monitors the patient, including his or her food intake, liquid intake, weight, and vital signs. 311 When the Facility housed male detainees, the detainees would frequently go on hunger strikes. 312 Consequently, the staff has some experience dealing with this issue. 313 However, the staff did not recall a time when a female detainee went on a hunger strike. 314 The Facility does not force feed detainees on a hunger strike; rather, when a detainee goes on a hunger strike, the Facility would contact ICE. 315 G. Detainee Classification System The Standards require that detention facilities use a classification system and physically separate detainees into different categories. 316 Detainees must be assigned to the least restrictive housing unit consistent with facility safety and security. 317 A detainee's classification is to be determined on "objective" criteria, including criminal offenses, escape attempts, institutional disciplinary history, violent incidents, etc. 318 Opinions, unconfirmed and unverified information, and physical characteristics and appearance are not to be taken into account. 319 Classification is required in order to separate detainees with no or minimal criminal records from inmates with serious criminal records. 320 Detainees with a history of assaultive or combative behavior are not to be housed with non-assaultive detainees. 321 The Standards state that all facility classification systems shall allow classification levels to be re-determined and include procedures by which new arrivals can appeal their classification 308 Detention Operations Manual, Health Services, Standard 1, Section I. Detention Operations Manual, Health Services, Standard 1, Section I. 310 Detention Operations Manual, Health Services, Standard 1, Section III.D. 311 Notes of delegation member , on conversation with Lieutenant 312 Notes of delegation member , on conversation with Lieutenant 313 b6 Notes of delegation member , on conversation with Lieutenant b6, b7C 314 Notes of delegation member , on conversation with Lieutenant . 315 Notes of delegation member , on conversation with Lieutenant 316 Detention Operations Manual, Detainee Services, Standard 4, Section I. 317 Detention Operations Manual, Detainee Services, Standard 4, Section III.F. 318 Detention Operations Manual, Detainee Services, Standard 4, Section III.D. 319 Detention Operations Manual, Detainee Services, Standard 4, Section III.D. 320 Detention Operations Manual, Detainee Services, Standard 4, Sections III.A & III.E. 321 Detention Operations Manual, Detainee Services, Standard 4, Section III.F. 309 23 levels. 322 Finally, the detainee handbook's section on classification must include (1) an explanation of the classification levels, with the conditions and restrictions applicable to each, and (2) the procedures by which a detainee may appeal his classification. 323 It is unclear whether MCDC fully meets this section of the Standards; female detainees are housed with inmates who have a history of violence. MCDC has an eight-tier classification system based on security risk. 324 Detainees are always classified as a "number four" because they fall under the "Detainer Warrants" category. 325 Beyond this default classification, MCDC does not further categorize detainees.326 The classification of detainees at MCDC is based on the experience and classification of other detention facilities, such as Krome, with individual detainees. 327 MCDC will not accept or maintain violent detainees at the Facility. 328 If a security issue arises, the Facility will contact ICE to have the detainee removed. 329 The Facility has never had to transfer a female detainee for security reasons. 330 All women inmates and detainees, except for those in segregation, are housed together in the Housing Unit. 331 Once officials at the Facility determine that an inmate or detainee held in segregation no longer poses a threat to the group, they reintroduce the inmate or detainee into the general population in the Housing Unit. 332 When officials believe that a female inmate or detainee is not capable of being reintroduced to the Housing Unit, they seek to transfer the inmate or detainee from MCDC. 333 MCDC officials stated that, because of the limited housing for female inmates and detainees at MCDC, female detainees share a housing unit with female inmates that have criminal records or a prior history of violence. 334 H. Detainee Grievance Procedures The Standards require that every facility develop and implement standard procedures for handling detainee grievances and encourage that the facility initially seek to resolve grievances informally before having to engage in a more formalized procedure. 335 Translating assistance 322 Detention Operations Manual, Detainee Services, Standard 4, Sections III.G & H. Detention Operations Manual, Detainee Services, Standard 4, Section III.I. b6 Notes of delegation member , on conversation with Programs Assistant ; Detention b6 Classification Tree. 325 b6 b6 Notes of delegation members and , on conversation with Programs Assistant b6 . 326 Notes of delegation member , on conversation with Programs Assistant . 327 b6 b6 Notes of delegation member , on conversation with Programs Assistant . 328 Notes of delegation member , on conversation with Programs Assistant . 329 b6 Notes of delegation member , on conversation with Programs Assistant . b6 330 b6 Notes of delegation member , on conversation with Programs Assistant . b6 331 b6 b6 Notes of delegation member , on conversation with Programs Assistant , and Lieutenant b6, b7C 332 b6 b6 Notes of delegation member on conversation with Programs Assistant , and Lieutenant b6, b7C 333 b6 Notes of delegation member on conversation with Programs Assistant and b6 Lieutenant b6, b7C 334 b6 Notes of delegation member on conversation with Programs Assistant and b6 Lieutenant b6, b7C 335 Detention Operations Manual, Detainee Services, Standard 5, Sections I & III.A. 323 324 24 for both formal and informal grievances must be provided upon request. 336 The Standards also require that each facility establish a reasonable time limit for: (1) “processing, investigating, and responding to grievances”; (2) “convening a grievance committee to review formal complaints”; and (3) "providing written responses to detainees who filed formal grievances, including the basis for the decision." 337 All grievances must receive supervisory review, include guarantees against reprisal, and allow for appeals. 338 All facilities must have a method for documenting detainee grievances. 339 The Standards require detainee handbooks to provide an explanation of the grievance procedures, including (1) the procedures for appealing decisions to ICE, and (2) the opportunity to file a complaint about officer misconduct directly with the Justice Department (including the phone number and address). 340 MCDC does not fully meet this section of the Standards: according to facility staff, there are no guarantees against reprisal for grievances, and one detainee reported she was retaliated against for filing a grievance. In addition, the Handbook does not include information for appealing to ICE. There appear to be two procedures by which detainees can present their grievances: (i) detainees may orally voice their concern to staff members and (ii) detainees may complete a grievance form. 341 When detainees voice their concerns orally, staff members try to resolve the issue before them. 342 If the problem is not resolved immediately, the staff member will fill out and submit a grievance form on behalf of the detainee.343 When detainees submit grievance forms, they can chose to fill out an internal grievance form that is submitted to supervising officials at MCDC, or they may fill out the “INS Detainee Request Form” which is sent directly to ICE. 344 The forms will be returned to the detainee with a written response provided on the bottom half of the form. 345 There is no formal tracking mechanism for the forms. 346 No information is provided as to the review process for the specific issues identified on the grievance form. 347 MCDC staff and other detainees provide assistance to those detainees that are unable to complete and file formal grievances. 348 This assistance has often included translation assistance for non–English speaking detainees. 349 According to facility staff, there are no guarantees against reprisals for filing grievances concerning staff at the facility. 350 However, detainees can request protective custody. 351 336 Detention Operations Manual, Detainee Services, Standard 5, Sections III.A.1 & 2. Detention Operations Manual, Detainee Services, Standard 5, Section I. 338 Detention Operations Manual, Detainee Services, Standard 5, Sections I & III.C & D. 339 Detention Operations Manual, Detainee Services, Standard 5, Section III.E. 340 Detention Operations Manual, Detainee Services, Standard 5, Section III.G. 341 Notes of delegation member on conversation with Lieutenant 342 Notes of delegation member on conversation with Lieutenant 343 Notes of delegation member on conversation with Lieutenant 344 Notes of delegation member on conversation with Lieutenant 345 Notes of delegation member on conversation with Lieutenant b6, b7C b6 346 Notes of delegation member , on conversation with Lieutenant 347 Notes of delegation member on conversation with Lieutenant 348 Notes of delegation member on conversation with Lieutenant 349 Notes of delegation member on conversation with Lieutenant 350 b6 b6 Notes of delegation members and , on conversation with Lieutenant b6, b7C 351 b6 Notes of delegation member on conversation with Lieutenant b6, b7C 337 25 The procedures described in the Handbook do not accurately reflect the actual grievance procedures. In addition, in the Handbook here is (i) no discussion advising detainees of the procedures for appealing a decision to ICE, (ii) no information on filing a complaint directly with the Department of Justice, and (iii) no contact information for the Department of Justice (or DHS OIG). 352 A number of detainees interviewed had concerns about the grievance process. One detainee filed a grievance after she was called "stupid" by a deputy. 353 The deputy found a problem when she inspected the detainee's cell, but would not inform the detainee as to the violation or whether it could be corrected. 354 Even though the detainee filed a written grievance, she had not received a response. 355 A second detainee had a major concern about one of the Facility guards, whom she referred to as "Major b6, b7C . 356 The detainee stated that she was retaliated against by this guard for filing a grievance. 357 She filed a grievance form seeking to speak to the guard's supervisor about Major b6, b7C, but said that the supervisor did not take her concern seriously, and embarrassed her by having a public discussion about it. 358 A third detainee submitted a grievance form regarding the lack of milk and soft bread in the detainees' diet. 359 The detainee felt that it was unfair that only detainees on kosher diets can get milk, 360 and maintains that all of the detainees signed the grievance seeking milk. 361 The detainee asserts that the written answer to the detainees' request stated that "if you don't like it, go back to your country." 362 The detainee saw the written answer attached to a copy of the original grievance form submitted by the detainee. 363 352 MCDC Handbook at 12. Notes of delegation member , on conversation with detainee b6 b6, b7C Notes of delegation member on conversation with detainee 355 Notes of delegation member on conversation with detainee 356 Notes of delegation member , on conversation with detainee 357 b6 Notes of delegation member , on conversation with detainee b6, b7C 358 Notes of delegation member , on conversation with detainee 359 Notes of delegation interview with MCDC detainee who chose to remain anonymous. 360 Notes of delegation interview with MCDC detainee who chose to remain anonymous. 361 Notes of delegation interview with MCDC detainee who chose to remain anonymous. 362 Notes of delegation interview with MCDC detainee who chose to remain anonymous. 363 Notes of delegation interview with MCDC detainee who chose to remain anonymous. 353 354 26 . . . I. Disciplinary Policy The Standards state that facility authorities "will impose disciplinary sanctions on any detainee whose behavior is not in compliance with facility rules and procedures" in order "to provide a safe and orderly living environment." 364 Each facility holding ICE detainees must have a detainee disciplinary system which has "progressive levels of reviews, appeals, procedures, and documentation procedures." 365 The disciplinary policy must clearly define detainee rights and responsibilities, and any disciplinary action taken must not be capricious or retaliatory. 366 The following sanctions may not be imposed: "corporal punishment; deviations from normal food services; deprivation of clothing, bedding, or items of personal hygiene; deprivation of correspondence privileges; or deprivation of physical exercise unless such activity creates an unsafe condition." 367 Detainees in disciplinary segregation shall ordinarily have access to visitation and the law library. 368 Officers who witness a prohibited act must prepare and submit an incident report. 369 The Standards provide that all incident reports filed by officers must be investigated within twenty-four hours of the incident. 370 The Detainee Handbook must notify detainees of the disciplinary process, the prohibited acts and disciplinary severity scale, and the procedure for appeals. 371 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. 372 MCDC substantially meets this section of the Standards; however, the Handbook states that visitation and law library access will be denied to individuals found guilty of a Disciplinary Report. 373 MCDC policy requires that all behavior that rises to the level of a "disciplinary infraction" be documented. 374 Minor infractions are documented by use of a "ticket". 375 If an inmate receives three tickets within a thirty-day period, the inmate is placed in the Administrative Segregation Unit ("ASU"). 376 Inmates and detainees who raise security concerns or violate institutional policy are held in the ASU, in what the officials at the Facility call "disciplinary lockdown." 377 Guards are permitted to issue two-hour "time-outs" for minor 364 Detention Operations Manual, Security and Control, Standard 5, Section I. Detention Operations Manual, Security and Control, Standard 5, Section III.A.1. 366 Detention Operations Manual, Security and Control, Standard 5, Sections III.A.1 & 2. 367 Detention Operations Manual, Security and Control, Standard 5, Section III.A.3. 368 Detention Operations Manual, Security and Control, Standard 5, Section III.C, and Standard 14, Sections III.D.15 & 17. 369 Detention Operations Manual, Security and Control, Standard 5, Section III.B. 370 Detention Operations Manual, Security and Control, Standard 5, Sections III.B & C. 371 Detention Operations Manual, Security and Control, Standard 5, Section III.I. 372 Detention Operations Manual, Security and Control, Standard 5, Section III.A.5. 373 MCDC Handbook at 4. 374 Notes of delegation members and , on conversation with Captain 375 b6 b6 Notes of delegation members and , on conversation with Captain b6, b7C 376 Notes of delegation members and , on conversation with Captain 377 b6 b6 Notes of delegation member , on conversation with Programs Assistant Lieutenant b6, b7C 365 27 , and infractions, and there is no need for the guard to document the infraction. 378 One detainee stated that she was placed in lockdown early because of the way she responded to Officer b6, b7C when the officer asked her a question. 379 Detainees who receive a formal disciplinary infraction are given a written notice of the infraction, removed from the Housing Unit, and placed in the ASU. 380 A detainee who has been placed in ASU receives notice of the alleged infraction within twenty-four hours. 381 If the detainee chooses to plead not guilty, then a hearing will be held within five business days. 382 b6 Hearings are held before three people, including one "certified" member, Mr. , and 383 The guard who issued the infraction is not allowed to two other rotating committee members. sit on the three-person panel. 384 Detainees can call witnesses but they are not provided with a representative to help defend themselves. 385 A detainee may also interview witnesses in her defense. 386 Detainees may choose whether or not to be present at hearings. 387 Interpreters are made available for the hearings. 388 If found guilty, detainees have five days to send an appeal to Captain b6, b7C who can then reduce, but not enhance, the punishment. 389 A preponderance of the evidence standard is applied at these hearings. 390 The range of punishments may include loss of visitation and disciplinary confinement (the maximum amount of time being thirty days). 391 b6 In the case of a mentally incompetent inmate, the psychiatry nurse, notifies the disciplinary officers that it serves no disciplinary purpose to issue an infraction. 392 b6 Staff serving mentally incompetent inmates include Nurse , the psychiatrist, Dr. b6 393 and a staff nurse who works six hours a week. The Handbook notifies the detainees of the disciplinary process, the prohibited acts and disciplinary severity scale, and the appeal procedure of disciplinary findings. In addition, the Handbook notifies detainees of the Facility's rules of conduct and the sanctions imposed for the violation of these rules. J. 378 Special Management Unit Notes of delegation members Notes of delegation member 380 Notes of delegation members 381 Notes of delegation members 382 Notes of delegation member 383 Notes of delegation member 384 Notes of delegation members 385 Notes of delegation members 386 Notes of delegation member 387 Notes of delegation members 388 Notes of delegation members 389 Notes of delegation members 390 Notes of delegation member 391 Notes of delegation member 392 Notes of delegation members 393 Notes of delegation members b6 379 b6 b6 b6 b6 b6 b6 b6 b6 b6 b6 and , on Conversation with Captain b6, b7C . b6, b7C , on conversation with detainee . and on conversation with Lieutenant b6 b6, b7C and on conversation with Lieutenant , on conversation with Lieutenant and Captain b6, b7C b6, b7C , on conversation with Lieutenant and Captain and , on Conversation with Captain b6 b6 and , on conversation with Lieutenant b6, b7C , on conversation with b6, b7C and , on conversation with Captain . b6 and , on conversation with Captain b6, b7C . and , on conversation with Captain . , on conversation with Captain b6, b7C , on conversation with Captain b6, b7C . and on conversation with Captain b6, b7C b6 and on conversation with Captain 28 The Standards require that each facility establish a Special Management Unit ("SMU") that will isolate certain detainees from the general population. 394 The Standards for Administrative and Disciplinary Segregation differ somewhat from one another, but both provide for legal access and other protections. 395 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. 396 The disciplinary committee may order placement in disciplinary segregation only when alternative dispositions would inadequately regulate the detainee's behavior. 397 All cells in the SMU must be well ventilated, appropriately heated, and sanitary, and must be equipped with beds. 398 Segregated detainees shall have the opportunity to maintain a normal level of personal hygiene. 399 Recreation shall be provided to detainees in segregation in accordance with the "Recreation" standard. 400 Access to the law library shall generally be granted to detainees in segregation. 401 Detainees generally retain visiting privileges while in disciplinary segregation, and may not be denied legal visitation. 402 Detainees in administrative segregation generally have the same telephone privileges as other detainees, 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. 403 Detainees in segregation shall have the same correspondence privileges as detainees in the general population. 404 MCDC appears to meet these Standards. The delegation was advised during its visit that the Facility has one SMU for female inmates called the "disciplinary confinement unit." 405 The ASU is not only used for disciplinary confinement, but also for administrative confinement and for protective custody reasons. 406 There is no discussion in the Handbook on how an individual may end up in the ASU, and no discussion as to any of the procedural due process rights a detainee may have to appeal a finding resulting in a confinement in ASU. 394 Detention Operations Manual, Security and Control, Standard 14, Section I. Detention Operations Manual, Security and Control, Standard 14, Section III.A. 396 Detention Operations Manual, Security and Control, Standard 14, Section III.A. 397 Detention Operations Manual, Security and Control, Standard 13, Section III.D.2, and Standard 14, Section III.D.6. 398 Detention Operations Manual, Security and Control, Standard 14, Section III.D.II. 399 Detention Operations Manual, Security and Control, Standard 13, Section III.D.8, and Standard 14, Section III.D.13. 400 Detention Operations Manual, Security and Control, Standard 13, Section III.D.18, and Standard 14, Section III.D.15.e. 401 Detention Operations Manual, Security and Control, Standard 13, Sections III.E.13 & 14, and Standard 14, Section III.D.17. 402 Detention Operations Manual, Security and Control, Standard 13, Section III.D.16. 403 Detention Operations Manual, Security and Control, Standard 14, Section III.D.19. 404 Detention Operations Manual, Security and Control, Standard 13, Section III.D.20, and Standard 14, Section III.D.18. 405 b6 Notes of delegation member , on conversation with Lieutenant b6, b7C 406 b6 b6 Notes of delegation members and , on conversation with Captain b6, b7C . 395 29 The ASU can house up to seventeen female inmates. 407 The cells in the ASU appeared to be well-ventilated, appropriately heated, and sanitary, and were equipped with beds. 408 The segregation day area has four tables with chairs, two telephones, one TV, one ping-pong table, one water fountain, and one officer who supervises the inmates. 409 There is also a large bulletin board in the segregation day area, where recreation, laundry, visitation, and library schedules are posted. 410 Female detainees in segregation use the outdoor recreation room in the Housing Unit according to a schedule that limits the number allowed at any one time; security concerns sometimes dictate that an individual use the room alone. 411 Inmates in segregation have one hour during the day shift and another hour during the night shift to use the recreation room, as well as to shower, clean their cell, and make telephone calls. 412 In general, Captain b6, b7C stated that detainees in segregation retain most of their privileges, such as visitation and the ability to make phone calls, unless the infraction stemmed from abuse of one of those privileges. 413 Inmates in segregation are reviewed every Wednesday. 414 Inmates are automatically released from segregation upon completion of their time served unless they receive another infraction during their time in segregation.415 K. Staff-Detainee Communication/ICE Presence at the Facility The Standards require that procedures be in place "to allow for formal and informal contact between key facility staff, ICE staff and ICE detainees and to permit detainees to make written requests to ICE staff and receive an answer in an acceptable time frame." 416 The Standards require that both weekly visits be conducted by ICE personnel and that "regular unannounced (not scheduled) visits" be conducted by the ICE OIC, the Assistant OIC, and designated department heads. 417 Unannounced visits to the facility's housing areas must be conducted on a regular basis. 418 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. 419 The Standards also require that detainees "have the opportunity to submit written questions, requests, or concerns to ICE staff," which "shall be delivered to ICE staff by authorized personnel (not detainees) without reading, altering, or delay." 420 All facilities that house ICE detainees must have "written procedures to route detainee 407 and 408 409 b6 b6 Notes of delegation members Observation of delegation member Observations of delegation members 410 Notes of delegation members 411 b6 Notes of delegation members 412 Notes of delegation members 413 Notes of delegation member b6 414 b6 Notes of delegation members , on conversation with Captain b6 . and b6, b7C . . , on conversation with Captain b6, b7C b6 , on conversation with Deputy b6, b7C , on conversation with Deputy , on conversation with Captain b6, b7C . b6 and , on conversation with Deputy b6, b7C and Captain b6 b6 and and and b6, b7C 415 b6 Notes of delegation member , on conversation with Captain b6, b7C Detention Operations Manual, Detainee Services, Standard 15, Section I. 417 Detention Operations Manual, Detainee Services, Standard 15, Section III.A. 418 Detention Operations Manual, Detainee Services, Standard 15, Section III.A.1. 419 Detention Operations Manual, Detainee Services, Standard 15, Section III.A. 420 Detention Operations Manual, Detainee Services, Standard 15, Section III.B. 416 30 requests to the appropriate ICE official" and must assist detainees "who are disabled, illiterate, or know little or no English." 421 Moreover, the Standards suggest that detainee requests be forwarded to the appropriate ICE office within seventy-two hours and "answered as soon as possible or practicable, but not later than seventy-two hours from receiving the request." 422 The Handbook must state that detainees may submit written questions and requests to ICE staff and the procedures for doing so. 423 MCDC does not meet this section of the Standards; facility staff read the written requests to ICE before sending them, and the MCDC Handbook does not inform detainees how to submit written requests to ICE. While MCDC does not have an ICE presence on site, ICE officials do visit the Facility once a week, usually on Wednesdays or Thursdays. 424 The Handbook does not include the procedure for detainees to contact ICE staff, 425 so detainees must be informed by staff. Detainees may contact ICE by phone or by filing an ICE grievance form. 426 MCDC faxes the detainees' written requests to ICE daily. 427 The guards at the Facility read the INS [ICE] Detainee Request Forms before they are faxed, which violates that Standard. 428 the guards make an effort to remediate the detainee's concern. 429 In those cases where MCDC staff believe that they have resolved the issue, the deputy writes an addendum to the detainee's grievance form to indicate that the staff at the Facility have already resolved the issue. 430 Although the deputies read the grievance forms and may attach addendums with their comments, the written requests are always faxed to ICE. 431 MCDC staff do not keep a record of the detainee requests sent to (or the responses received from) ICE. 432 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. 433 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." 434 Moreover, a facility's staff shall make "all reasonable efforts to accommodate" special food services required by a detainee's particular religion. 435 421 Detention Operations Manual, Detainee Services, Standard 15, Section III.B. Detention Operations Manual, Detainee Services, Standard 15, Section III.B.1. 423 Detention Operations Manual, Detainee Services, Standard 15, Section III.B.3. 424 Notes of delegation member , on conversation with Lieutenant b6 b6, b7C 425 Notes of delegation member , on conversation with Lieutenant 426 b6 Notes of delegation member on conversation with Lieutenant b6, b7C 427 b6 Notes of delegation member , on conversation with Lieutenant b6, b7C 428 Notes of delegation member , on conversation with Lieutenant 429 b6 Notes of delegation member , on conversation with Lieutenant b6, b7C 430 Notes of delegation member , on conversation with Lieutenant 431 b6 Notes of delegation member on conversation with Lieutenant b6, b7C 432 b6 Notes of delegation member , on conversation with Lieutenant b6, b7C 433 Detention Operations Manual, Detainee Services, Standard 14, Section I. 434 Detention Operations Manual, Detainee Services, Standard 14, Section I. 435 Detention Operations Manual, Detainee Services, Standard 14, Section III.M. 422 31 Detainees in confinement must also be permitted to participate in religious practices, consistent with the safety, security, and orderly operation of the facility. 436 MCDC appears to meet this section of the Standards. MCDC provides detainees with opportunities to participate in religious practices. 437 If a detainee practices a religion that is not common, the Facility attempts to accommodate the religious practices associated with such religion. 438 Clergy, such as Catholic priests and rabbis, frequently visit the Facility. 439 In addition, a non-denominational chaplain, who recently retired, visited the Facility for several years, the Facility is now looking for a replacement. 440 When visiting the Facility, clergy must abide by the regular visitation hours. 441 The Handbook indicates that all religious programs are administered by the Programs Department, and that a Chaplain is available and visits by community ministers may be arranged. 442 According to the Handbook, religious services are held weekly in each Facility for all inmates not on lockdown. 443 Those inmates in lockdown may complete an Inmate Request Form if they desire to have the chaplain visit with them. 444 Detainees with special religious diets may request special meals. 445 There is a written procedure detailed in the Handbook for the Programs Department to confirm with an outside person that the detainee practices a specific religion and requires a special diet. 446 Detainees are also permitted to fast as long as the fasting is approved and verified by the Programs Department. 447 While MCDC has on occasion modified a detainee's meals time to accommodate religious requirements (e.g., the Muslim faith), detainees do not often make such requests. 448 M. Voluntary Work Program The Standards require that all facilities with work programs provide an opportunity for physically and mentally capable detainees to "work and earn money." 449 Participation must be voluntary. 450 MCDC does not meet this section of the Standards; detainees are unable to earn money for their work. ICE detainees are not eligible for work-release assignments that inmates 436 437 Detention Operations Manual, Detainee Services, Standard 14, Section III.O. Notes of delegation member , on conversation with Lieutenant 438 b6 Notes of delegation member , on conversation with Lieutenant b6, b7C 439 Notes of delegation member , on conversation with Lieutenant 440 Notes of delegation member , on conversation with Lieutenant b6 b6, b7C 441 Notes of delegation member , on conversation with Lieutenant 442 MCDC Handbook at 24. 443 MCDC Handbook at 24. 444 MCDC Handbook at 24. 445 Notes of delegation member b6 on conversation with Lieutenant b6, b7C 446 MCDC Handbook at 20-21. 447 b6 Notes of delegation member , on conversation with Lieutenant b6, b7C 448 b6 Notes of delegation member on conversation with Lieutenant b6, b7C 449 Detention Operations Manual, Detainee Services, Standard 37, Sections I & III.A. 450 Detention Operations Manual, Detainee Services, Standard 37, Sections IIII.A & H. 32 may take. 451 Four women in the Housing Unit are given the status of "in-house trustees," and serve food, clean, do laundry, help with hallway detail and can work on the farm, but they do not receive compensation for the work and are not eligible for the “gain time” that inmates may earn. 452 N. Detainee Transfer When transferring a detainee, the Standards require ICE to take into consideration whether a detainee is represented before the immigration court, and the location of the attorney and the court. 453 The Standards require ICE to notify a detainee's legal representative of record that the detainee is being transferred. 454 Indigent detainees will be permitted to make a single domestic telephone call at government expense upon arrival at their final destination; nonindigent detainees will be permitted to make telephone calls at their own expense. 455 Records including the detainee's Alien File ("A-file") and health records (or transfer summary for IGSAs) must accompany the detainee.456 Prior to transfer, medical personnel must provide the transporting officers with instructions and any applicable medications for the detainee's care; medications must be turned over to an officer at the receiving field office. 457 A detainee's legal materials, cash, and small valuables shall always accompany the detainee to the receiving facility; larger items may be shipped. 458 MCDC meets this section of the Standards. Captain Phelps stated that when ICE detainees arrive at MCDC, they are allowed to make phone calls to inform their family or attorney of their arrival. 459 One detainee stated that when she was transferred from a West Palm Beach detention facility, she was able to call her family upon arriving at MCDC. 460 Detainees are limited to what they can bring and are told by ICE to leave any personal items in a "locker" at Krome or the ICE facility where they were processed. 461 Medical records are sent with the detainee and any medications are provided to the detainee by MCDC. 462 V. CONCLUSION MCDC meets the requirements of several of the ICE Detention Standards but fails to meet a number of others. The delegation makes the following recommendations so that the facility may fulfill its obligations under the Standards: Visitation 451 b6 Notes of delegation member on conversation with Deputy b6, b7C b6 b6 Notes of delegation members and on conversation with Deputy b6, b7C 453 Detention Operations Manual, Detainee Security and Control, Standard 4, Section I. 454 Detention Operations Manual, Detainee Security and Control, Standard 4, Section III.A. 455 Detention Operations Manual, Detainee Security and Control, Standard 4, Section III.G. 456 Detention Operations Manual, Detainee Security and Control, Standard 4, Sections III.D.1 and III.D.6. 457 Detention Operations Manual, Detainee Security and Control, Standard 4, Section III.D.D. [sic.] 458 Detention Operations Manual, Detainee Security and Control, Standard 4, Section III.E. 459 Detention Operations Manual, Detainee Security and Control, Standard 4, Section I. 460 b6 b6 b6, b7C Notes of delegation members and , on conversation with detainee 461 Detention Operations Manual, Detainee Security and Control, Standard 4, Section I. 462 Detention Operations Manual, Detainee Security and Control, Standard 4, Section I. 452 33 . MCDC should provide information in the Handbook regarding attorney visitation; MCDC should correct the inconsistency between the Handbook information regarding "family and friends" visitation and the stated policy applied at the Facility; Given the distance of the Facility from urban areas, MCDC should consider allowing for additional time when visitation rules pose a hardship for family members. Telephone Access MCDC should not limit phone calls to fifteen minutes, and should provide consistency regarding when the phones are available for use; MCDC should install privacy panels or otherwise place telephones so that detainees can make legal phone calls without being overheard by others; MCDC should not record or monitor, in any matter whatsoever, legal phone calls (absent a court order). If regular phone calls are monitored, MCDC should provide detainees with the procedure for obtaining an unmonitored call for legal purposes; MCDC should have a policy of delivering phone messages to detainees and not rely on individual staff to determine whether messages should be delivered. MCDC should attempt to deliver calling cards under the canteen system early in the week so that detainees can reach their legal counsel before regularly scheduled hearings, which usually occur on Mondays; MCDC should provide user-friendly instruction for detainees (and written procedures in the Handbook) regarding the use of the pre-programmed phone system. Access to Legal Materials MCDC should allow the Immigration Law Library to remain open on the weekends given that many regularly scheduled court hearings occur on Mondays; MCDC’s Immigration Law Library should provide access to all of the legal materials listed in the Standards and ICE should replace all damaged, destroyed, and stolen materials; For detainees, the Handbook should describe the hours and access for the Immigration Law Library (as opposed to the main MCDC library); MCDC should ensure that pens, pencils, envelopes and stamps are available and provide information in the Handbook regarding how both indigent and non-indigent detainees can obtain them; Indigent detainees should be provided with free envelopes and free postage according to the Standards (with no dollar limit) for legal correspondence; 34 Correspondence MCDC personnel should not read any legal mail sent to or from detainees and, if the Facility determines that incoming legal mail must be inspected, such inspections should only occur in the presence of the detainee. Dental Treatment MCDC should provide detainees with a dental screening exam within fourteen days of the detainee’s arrival at the facility. Detainee Grievance Procedures MCDC should inform detainees of the grievance process, and that process should also be described in the Handbook; In all cases, MCDC should provide written responses to detainees who file formal grievances, including the basis for the decision; All grievances should receive supervisory review and allow for appeals; The Handbook should provide an explanation of the grievance procedures, including (1) the procedures for appealing decisions to ICE, and (2) the opportunity to file a complaint about officer misconduct directly with the Justice Department (or appropriate departments, including DHS OIG), including the phone number and address. ICE Presence at the Facility MCDC should develop written operating procedures that inform detainees of how to contact ICE and that process should also be described in the Handbook; MCDC staff should transmit detainee requests to ICE without reading them. Voluntary Work Programs Detainees who are physically and mentally able to work should be provided the opportunity to participate in voluntary work to earn money. Need for Detainee-Appropriate Handbook MCDC should ensure that the Handbook is provided to all incoming detainees. The Handbook should correctly describe the policies, rules, services, programs, and rights applicable to immigration detainees through the Standards; the handbook should not contradict the Standards or otherwise mislead detainees as to their rights. 35 b6 b6 Delegation Report Source Standard 17, Visitation III.B. Notification. The facility shall provide written notification of visitation rules and hours in the detainee handbook …. The facility shall also post these rules and hours where detainees can easily see them. Inmate handbook Security and Control Standard 13, Special Management Unit (Administrative Segregation) III.D.13. The facility shall follow the “Visitation” standard in setting visitation rules for detainees in administrative segregation. Ordinarily, a detainee retains visitation privileges while in administrative segregation. … Detainees in administrative segregation may not be denied legal visitation, but reasonable security precautions will be taken where necessary. Standard 16, Telephone Access III.A. The facility shall provide detainees with reasonable access to telephones during established facility waking hours …. The inmate handbook does not contain any information related to attorney visitations. (p.3 ¶2) The inmate handbook states the visitation rules would be posted, but visitation policies for family and friends are not posted. (p.6 ¶1) The inmate handbook states that visitation will be denied to individuals found guilty of a Disciplinary Report. (p.27 ¶4) Detainees reported that phones are turned off and inaccessible for long periods during the day. (p.6 ¶4) Detainees reported delays of several days in receiving canteen items, which include phone cards. (p.7 ¶2) Detainee Detainee anonymous detainee Delegation observations; detainee i Detainee ; Lieutenant b6, b7C o b6, b7C No instruction is given to detainees on how to use the pre-programmed phone system for free legal service providers and consulates (p.8 ¶2) No consulate information provided for Haiti, even though 7 detainees are Haitian. (p.8 ¶2) The inmate handbook states that the phones in the housing areas only allow collect or calling card calls (actual practice is different). (p.8 ¶2) ; detainee b6, b7C Inmate handbook and delegation observations Inmate handbook b6, b7C Standard 16, Telephone Access III.E. 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 of free legal service providers and consulates at no charge to the detainee or the receiving party. ICE Response b6, b7C 4. ICE Standard* b6, b7C 3. b6 2. b6 1. b6 b6 Facility Name: MONROE COUNTY DETENTION CENTER, Key West, FL Date of Tour: August 2, 2007 Tour Participants: Holland & Knight LLP attorneys and summer associates , , , and *Standards are Detainee Services Standards unless otherwise indicated. Standards excerpts are typed verbatim. Issues are generally listed in their order from the Report. Report comments in bold are priority issues for ICE-ABA discussion. Inmate handbook ABA Commission on Immigration - Detention Standards Implementation Initiative 6/11/2008 1 The facility limits calls to fifteen minutes. (p.9 ¶2) Detainee Messages are not always delivered. (p.9 ¶4) Officer detainees b6, b7C 7. b6, b7C 6. ABA Commission on Immigration - Detention Standards Implementation Initiative Delegation observations b6, b7C The facility does not have private areas from which phone calls can be made. (p.9 ¶2) The facility monitors and records all phone calls. (p.9 ¶2) and and Lieutenant Officer , and Inmate handbook b6, b7C Standard 16, Telephone Access III.F. The facility shall not restrict the number of calls a detainee places to his/her legal representative, nor limit the duration of such calls by rule or automatic cut-off, unless necessary for security purposes or to maintain orderly and fair access to telephones. If time limits are necessary for such calls, they shall be no shorter than 20 minutes, and the detainee shall be allowed to continue the call if desired, at the first available opportunity. The facility may place reasonable restrictions on the hours, frequency and duration of the other direct and/or free calls listed above [i.e., “other” than calls to detainee’s legal representatives]. Standard 16, Telephone Access III.I. The facility shall take and deliver telephone messages to detainees as promptly as possible. When facility staff receives an 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 of security and safety. Standard 16, Telephone Access III.J. The facility shall ensure privacy for detainees’ telephone calls regarding legal matters. For this purpose, the facility shall provide a reasonable number of telephones on which detainees can make such calls without being overheard by officers, other staff or other detainees. Facility staff shall not electronically monitor detainee telephone calls on their legal matters, absent a court order. b6, b7C 5. 6/11/2008 2 The Handbook states that only inmates who are "pro-se" inmates will be provided “reasonable access to the legal materials that are in the law library.” (p. 11 &3, p.14 ¶1) However, staff indicated that detainees generally have access to the law library. (p.11 ¶3) Inmate handbook; Lieutenant , Deputy There is no list of holdings posted in the law library. (p.11 ¶1) Most of the required legal materials are unavailable. (p.12 ¶2) Supplies including writing implements and envelopes have to be purchased. (p.12 ¶4) Lieutenant b6, b7C b6, b7C Delegation observations Detainee i and Deputy b6, b7C The Handbook states that law library access will be denied to individuals found guilty of a Disciplinary Report. (p.27 ¶4) Inmate handbook Informational posters are not posted in advance of presentations. (p.14 ¶3) Lieutenant ABA Commission on Immigration - Detention Standards Implementation Initiative b6, b7C Standard 1, Access to Legal Material III.A. The facility shall provide a law library in a designated room with sufficient space to facilitate detainees’ legal research and writing. The law library shall be large enough to provide reasonable access to all detainees who request its use. III.Q. Notice to Detainees. The detainee handbook … shall provide detainees with the rules and procedures governing access to legal materials, including … that a law library is available for detainee use …. 9. Standard 1, Access to Legal Material III.C. The law library shall contain the materials listed in Attachment A. … The facility shall post a list of its holdings in the law library. 10. Standard 1, Access to Legal Material III.B. Equipment. The law library shall provide an adequate number of typewriters and/or computers, writing implements, paper and office supplies to enable detainees to prepare documents for legal proceedings. 11. Standard 1, Access to Legal Material III.M. Detainees housed in … Segregation units shall have the same law library access as the general population, unless compelling security concerns require limitations. 12. Standard 9, Group Presentations on Legal Rights III.C. At least 48 hours before a scheduled presentation, informational posters … shall be prominently displayed in housing units, and each housing unit control officer will hold a sign-up sheet. … Presentations are open to all detainees … except when a particular detainee’s attendance would pose a security risk. … The OIC may limit the number of detainees at a single session. b6, b7C b6, b7C 8. 6/11/2008 3 b6, b7C The facility does not distinguish between general correspondence and special correspondence, and all correspondence including special correspondence is read by officials outside the presence of detainees. (p.15 ¶3) Officer The inmate handbook does not have visiting hours, does not provide information on how to contact ICE, and does not advise detainees of their right to protection from abuse and discrimination. (p.17 ¶1) Inmate handbook Detainees do not receive an initial screening as required by the Standards. (p.22 ¶3) Detainee ABA Commission on Immigration - Detention Standards Implementation Initiative b6, b7C 13. Standard 3, Correspondence and Other Mail III.E. Inspection of Incoming Correspondence and Other Mail. Any such inspection [of incoming special mail] shall be in the presence of the detainee. Staff shall neither read nor copy special correspondence. III.F. Inspection of Outgoing Correspondence and Other Mail. Outgoing special correspondence will not be opened, inspected, or read. 14. Standard 6, Detainee Handbook Standard 17, Visitation III.B. Notification. The facility shall provide written notification of visitation rules and hours in the detainee handbook or equivalent, given each detainee upon admittance. The facility shall also post these rules and hours where detainees can easily see them. Standard 15, Staff-Detainee Communication III.B.3. Detainee Handbook. … The handbook shall state that the detainee has the opportunity to submit written questions, requests, or concerns to ICE staff and the procedures for doing so …. Security and Control Standard 17, Disciplinary Policy III.A.5. The detainee handbook or equivalent … shall advise detainees of the following: a. the right to protection from personal abuse, … b. the right of freedom from discrimination based on race, religion, national origin, sex, handicap, or political beliefs …. 15. Health Services Standard 2, Medical Care III.E. Dental Treatment. An initial dental screening exam should be performed within 14 days of the detainee’s arrival. 6/11/2008 4 Programs Assistant Lieutenant Detainees did not receive responses to their written grievances. (p.26 ¶2) Detainee There are no guarantees against reprisal for grievances. (p.25 ¶3) A detainee reported she was she was retaliated against by a guard for filing a grievance. (p.26 ¶3) The procedures described in the Handbook do not accurately reflect the actual grievance procedures and it does not include information for appealing to ICE. (p. ¶) Lieutenant ABA Commission on Immigration - Detention Standards Implementation Initiative Detainee ; b6, b7C b6, b7C 19. Standard 5, Detainee Grievance Procedures III.G. Detainee Handbook. … The grievance section of the detainee handbook will provide notice of the following: 4. The procedures for contacting the [ICE] to appeal the decision of the OIC of a CDF or an IGSA facility. 5. The policy prohibiting staff from harassing, disciplining, punishing or otherwise retaliating against any detainee for filing a grievance. 6. The opportunity to file a complaint about officer misconduct directly with the Justice Department… Female detainees are housed with inmates who have a history of violence. (p.24 ¶3) b6, b7C b6, b7C b6 16. Standard 4, Detainee Classification System III.E.1. Level 1 Classification. May not be housed with Level 3 Detainees. III.E.2. Level 2 Classification. May not include any detainee whose most recent conviction was for any offense listed under the "HIGHEST" section of the severity of offense guideline (APPENDIX 1 [includes: “Assaulting any person”]). … May not include any detainee with a pattern or history of violent assaults, whether convicted or not. III.F. The classification system shall assign detainees to the least restrictive housing unit consistent with facility safety and security. … 2. Levels one and two may be mixed, and high level twos and level threes may be mixed, when a facility is at or above full capacity. 3. Under no circumstances will a level two detainee with a history of assaultive or combative behavior be placed in a level one housing unit. 17. Standard 5, Detainee Grievance Procedures I. [S]tandard operating procedures (SOP) must establish a reasonable time limit for: … (iii) providing written responses to detainees who filed formal grievances, including the basis for the decision. 18. Standard 5, Detainee Grievance Procedures III.D. Retaliation. Staff will not harass, discipline, punish, or otherwise retaliate against a detainee lodging a complaint. Inmate handbook 6/11/2008 5 Facility staff read the written requests to ICE before sending them. (p.31 ¶2) Lieutenant Detainees are not eligible for work release assignments and are unable to earn money for their work. (p.33 ¶1) Deputy ABA Commission on Immigration - Detention Standards Implementation Initiative b6, b7C b6, b7C 20. Standard 15, Staff-Detainee Communication. III.B. All detainees shall have the opportunity to submit written questions, requests, or concerns to ICE staff …. The detainee request form shall be delivered to ICE staff by authorized personnel (not detainees) without reading, altering, or delay. 21. Standard 18, Voluntary Work Program I. Every facility with a work program will provide detainees the opportunity to work and earn money. 6/11/2008 6 b6, b7C b6, b7C