INS Detention Standards Compliance Audit - Pamunkey Regional Jail, Ashland, VA, 2005

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

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555 Eleventh Street, N.W., Suite 1000
Washington, D.C. 20004-1304
Tel: (202) 637-2200 Fax: (202) 637-2201
www.lw.com
FIRM / AFFILIATE OFFICES

MEMORANDUM

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Washington, D.C.

December 13, 2005

To:
From:
File no:
Copies to:
Subject:

Wesley J. Lee, Acting Director, Office of Detention and Removal, Immigration and
Customs Enforcement
American Bar Association Delegation to the Pamunkey Regional Jail1
502130-0020
b6
ABA Commission on Immigration
Report on July 18, 2005 Observational Tour of the Pamunkey Regional Jail,
Ashland, Virginia

The delegation was comprised of attorneys and summer associates from the Washington, D.C. office of Latham &
b6
b6
b6
b6
Watkins, LLP, including
,
,
,
and
b6
b6

ICE DETENTION STANDARDS .................................................................................................3

II.

INTRODUCTION ..........................................................................................................................3

III.

OBSERVATIONS OF LEGAL ACCESS STANDARDS .............................................................4

LEGAL ACCESS/VISITATION....................................................................................................4
1.
VISITATION BY ATTORNEYS.........................................................................4
2.
VISITATION BY FAMILY AND FRIENDS......................................................5
TELEPHONE ACCESS .................................................................................................................6
1.
GENERAL REQUIREMENTS ............................................................................6
2.
DIRECT CALLS AND FREE CALLS ................................................................7
3.
INCOMING CALLS AND MESSAGES.............................................................8
4.
TELEPHONE USAGE RESTRICTIONS............................................................8
5.
PRIVACY FOR TELEPHONE CALLS ON LEGAL MATTERS ......................9
ACCESS TO LEGAL MATERIALS .............................................................................................9
1.
LIBRARY CONDITIONS ...................................................................................9
2.
LIBRARY HOLDINGS .....................................................................................10
3.
HOURS OF ACCESS.........................................................................................11
4.
LIBRARY SERVICES AND ASSISTANCE FROM OTHER
DETAINEES ......................................................................................................11
5.
PERSONAL LEGAL MATERIALS, LAW LIBRARY ACCESS
FOR DETAINEES IN SPECIAL MANAGEMENT UNITS,
ENVELOPES AND STAMPS FOR LEGAL DOCUMENTS...........................12
6.
NOTARIES, CERTIFIED MAIL, AND MISCELLANEOUS
NEEDS ASSOCIATED WITH LEGAL MATERIALS ...................................12
7.
NOTICE TO DETAINEES ................................................................................13
GROUP RIGHTS PRESENTATIONS.........................................................................................13

D.
IV.

OTHER GENERAL OBSERVATIONS UNRELATED TO THE LEGAL
ACCESS STANDARDS .............................................................................................................14

A.
B.

C.
D.
E.
F.
G.
H.
I.

RECREATION .............................................................................................................................14
ACCESS TO MEDICAL CARE ..................................................................................................14
1.
GENERAL..........................................................................................................14
2.
INITIAL SCREENINGS ....................................................................................15
3.
MEDICAL CARE...............................................................................................16
4.
DENTAL CARE.................................................................................................17
5.
MISCELLANEOUS STANDARDS ..................................................................17
DETAINEE CLASSIFICATION .................................................................................................18
VOLUNTARY WORK PROGRAM............................................................................................20
GRIEVANCE PROCEDURES ....................................................................................................20
RELIGIOUS PRACTICES...........................................................................................................21
DISCIPLINARY POLICY ...........................................................................................................21
STAFF-DETAINEE COMMUNICATION..................................................................................21
DETAINEE TRANSFER POLICY ..............................................................................................22

CONCLUSION.............................................................................................................................23

This memorandum summarizes and evaluates information gathered at the Pamunkey
Regional Jail (“PRJ” or “the Facility”) in Ashland, Virginia, during the delegation’s July 18,
2005 visit to the Facility. All information contained herein was gathered via observation of the
Facility by the delegation, discussions with PRJ and Immigration and Customs Enforcement
(“ICE”) personnel, detainee interviews and review of the Pamunkey Regional Jail Institutional
Operations Manual and the Pamunkey Regional Jail Inmate Handbook (“the Handbook”). Note
that at the time of our visit, there were only two immigration detainees, one of whom was
unwilling to share much information with us, and thus this report relies almost entirely on
representations of the ICE and PRJ personnel.
I.

ICE DETENTION STANDARDS

In November 2000, the Immigration and Naturalization Service (INS),2 promulgated the
“INS Detention Standards” (the “Standards”) to ensure the “safe, secure and humane treatment”
of immigration detainees. The thirty-eight standards contained in the Detention Operations
Manual cover a broad spectrum of issues ranging from visitation policies to grievance
procedures and food service. These standards apply to ICE-operated detention centers and other
facilities that house immigration detainees pursuant to a contract or intergovernmental service
agreement (“IGSA”).
The Standards went into effect at ICE-operated detention facilities on January 1, 2001.
ICE intended to phase in the Standards at all of its contract and IGSA facilities by December 31,
2002. The Standards constitute a “floor” rather than a “ceiling” for the treatment of immigration
detainees; they are designed to establish the minimum requirements to which ICE must adhere in
its facilities. Each Field Office or Officer-in-Charge has discretion to promulgate polices and
practices affording ICE detainees more enhanced rights and protections, beyond those provided
by the Standards.
II.

INTRODUCTION
The Delegation’s Visit, July 18, 2005

On Monday, July 18, 2005, the members of our delegation met with several members of
PRJ’s staff and a representative from the ICE office in Washington, D.C. Note that PRJ serves
primarily as a transfer facility that does not tend to house immigration detainees on a long-term
basis; most of its detainees are heading either to deportation or from initial apprehension to
Hampton Roads Regional Jail or Piedmont Regional Jail in Farmville, Virginia. Those two
facilities house a large number of immigration detainees awaiting Immigration Court hearings.
Accordingly, while as discussed in detail below we did not see any substantial issues of failure to
meet the Standards, nor did the staff at PRJ have extensive experience with application of those
Standards to immigration detainees. For the most part, it appears that following the Standards is
incidental to compliance with regulations implemented for the general criminal population.

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

b6, b7C
b6, b7C
b6, b7C
Captain
Sergeant
Lieutenant
Officer b6, b7C
b6, b7C
and ICE Deportation Officer/Jail Liaison Officer
led our delegation on a tour of the
Facility and participated in post-tour follow-up discussions. The delegation also met with other
PRJ personnel along the tour. The delegation appreciates the cooperation of these individuals.
They were direct and accommodating during the tour of the Facility and were responsive to posttour requests for additional information.

General Information About the Pamunkey Regional Jail
The PRJ houses federal immigration detainees pursuant to an intergovernmental service
agreement (“IGSA”) with ICE. According to PRJ personnel, the Facility presently holds 405
inmates, 362 of whom are male and 43 of whom are female.3 As of July 10, 2005, the Facility
held 147 immigration detainees.4 On July 11 and 12, 2005, 145 immigration detainees were
transferred to other facilities.5 As a result, only two immigration detainees were available for
interview. All detainees transferred in the month of July were either from Mexico or El
Salvador.6 ICE Officer b6, b7C explained that the majority of PRJ immigration detainees are
from Central and South American countries.7
III.

OBSERVATIONS OF LEGAL ACCESS STANDARDS
A.

Legal Access/Visitation
1.

Visitation by Attorneys

The Standards suggest that facilities permit legal visitation seven days per week.8
Attorneys should have access to their clients eight hours per day during the week and four hours
per day during the weekend.9 The visits must be private, and should not be interrupted for head
counts.10 Facilities should establish a procedure by which attorneys may call to determine
whether a detainee is housed in a particular facility.11 Detention centers should permit visits
from attorneys, other legal representatives, legal assistants, and interpreters.12

Notes of delegation member

b6
Notes of delegation member
Other than the coincidental timing, we have no reason to believe
the transfer was related to our upcoming tour. PRJ is not a permanent home for most detainees, who are
regularly housed at Piedmont Regional Jail or at Hampton Roads Regional Jail.

Notes of delegation member

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

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

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

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

on conversation with Officer

b6, b7C

PRJ appears to meet this section of the Standards. According to the conversations
with PRJ staff, attorneys may visit the detainees seven days per week.13 However, the Handbook
states that professional visits from attorneys will be authorized Monday to Friday, 8:00 a.m. to
9:30 p.m.14 It is unclear whether the detainees know that the Handbook provisions are
inapplicable. Professional visits from others such as law students, clergy members, or physicians
are allowable to the extent they conform to the Handbook rules on pre-approval.15 PRJ staff
explained that there are no general time limits on how long an attorney may visit with a detainee,
and if a meeting runs through a scheduled meal, the detainee will be provided with a sack meal.16
Attorneys are offered the option of telephone conference calls with their clients.17 According to
PRJ staff, attorneys typically initiate the calls,18 though detainee instructions for making outside
calls are available in the Handbook and are posted in the housing units.19
There are two private consultation rooms available for attorney visits with their clients.
Visitations in the consultation rooms are private to the extent that PRJ staff are not able to listen
in, but they are viewable from the corridors.20 After every contact visit in a consultation room,
detainees will be subject to strip-search. If detainees do not wish to be strip-searched, they can
opt for non-contact visits with their attorneys.21
2.

Visitation by Family and Friends

The Standards suggest that facilities establish written visitation hours and procedures,
and make them available to the public.22 This includes procedures for handling incoming money
for detainees.23 The Standards require that visiting hours be set on Saturdays, Sundays, and
holidays, and the Standards encourage facilities to accommodate visitors at other times when
they are facing a particular hardship. Visits should be at least 30 minutes and longer when
possible.24 If a facility does not provide for visits from minors, the ICE should arrange for visits

Notes of delegation member

PRJ Inmate Handbook, p. 16.

16
17
18

Notes of delegation member

on conversations with facility staff.

Notes of delegation member

on conversations with facility staff.

Notes of delegation member

on conversations with facility staff.
on conversations with facility staff.

Notes of delegation member

on conversations with facility staff.

Observations of delegation member

Notes of delegation member

based on conversation with Officer

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

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

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

b6, b7C

with children within the detainee’s first 30 days at the facility, with continuing monthly visits.25
If a detainee violates the visitation rules, s/he may have visitation privileges revoked.26
PRJ substantially meets this section of the Standards, but there are no weekend
visiting hours. The visitation schedule is clearly posted at the entrance of the Facility and is
available in the Handbook.27 Visiting hours are from Monday through Friday, 9 a.m. to 9:30
p.m., although visits are not allowed from 11 a.m. to 2 p.m. and 4 p.m. to 7:30 p.m. for lunch and
dinner breaks.28 This visitation schedule does not comport with the Standards, which requires
that visits be allowed on the weekends. Detainees are allowed to either have up to two adults or
one adult and two children visitors at any given time, and may have up to two visits per week on
any one day lasting up to thirty minutes.29 When visitors live up to 75 miles away from PRJ,
visits can be extended up to one hour.30 Detainees must schedule their visits a week in advance
in the visitation log.31 Upon arrival at PRJ, dress code instructions are clearly visible in the
lobby.
Visitors are able to send money in to detainees, which will be placed in an account for the
detainee.32 Detainees are also allowed to keep personal property such as small religious items
like the Bible or prayer rugs, legal documents, photographs, and personal correspondence, but
are not allowed to wear their wedding rings.33
B.

Telephone Access
1.

General Requirements

The Standards suggest that facilities provide detainees with reasonable and equitable
access to telephones during established facility waking hours.34 In order to meet this
requirement, facilities must provide at least one telephone for every 25 detainees.35 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.36

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

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

Observations of delegation member
15.

PRJ Inmate Handbook, p. 15.

PRJ Inmate Handbook, p. 16.

PRJ Inmate Handbook, p. 8.

Notes of delegation member

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

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

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

and Pamunkey Regional Jail (PRJ) Inmate Handbook, p.

on interview with anonymous detainee.

PRJ substantially meets this section of the Standards. The Handbook summarizes the
conditions of telephone use. These rules were not, however, posted elsewhere in the Facility
where detainees might easily find them.37
Detainees are separated into housing units that vary in size, the largest equipped to hold
perhaps 50-60 individuals. In each housing unit were four telephones available for inmate use.
In addition, there are a number of telephones (6-8) located in the “intake” portion of the Facility.
These phones are available upon request to detainees while they are awaiting initial classification
upon arrival. Also, while the telephones in the housing units are for outgoing calls only,
detainees’ lawyers may schedule a call to the detainee at a predetermined time during which the
Facility will bring the detainee to the intake room to receive the call.38
2.

Direct Calls and Free Calls

The Standards maintain that facilities should permit detainees to make direct calls to the
local immigration court and the Board of Immigration Appeals, federal and local courts, consular
officials, legal service providers, government offices, and to family members in cases of
emergency.39 These calls are not to be charged if the detainee is indigent, and all detainees
should be able to make calls to an ICE-provided list of free legal service providers and
consulates at no charge to the detainee or receiving party.40
PRJ does not fully meet this section of the Standards. While instructions on how to
use the telephones in the housing units were posted near the phones, there was no detailed list of
consulate numbers nor numbers for legal services providers in the housing unit we observed.41
There was a listing for a toll-free number for ICE. This information was posted both in English
and Spanish.42
PRJ staff explained that the phones did have consulate numbers pre-programmed into
them, though there was no individualized listing of such numbers by the phones.43 PRJ
personnel indicated that they had made available to detainees the phone numbers for
organizations offering legal services, such as the CAIR Coalition.44 Detainees are permitted to
contact Officer b6, b7C for assistance in placing such calls, and ICE has provided her office
with phone cards specifically for this purpose.45 This information was not posted near any of the

Observations of delegation team.

Notes of delegation member

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

Observations of delegation team.

Observation of delegation member

Notes of delegation member

on conversations with facility staff.

on conversation with Officer
b6

on conversation with Officer
on conversation with Officer

b6, b7C

phones we observed, however, indicating that detainees would be dependent on notification from
staff that such services are available.46
While telephone service for detainees (indeed, for all prisoners) is not limited to collect
calls alone, direct calling from the telephones located in the housing units is fairly expensive.
Local calls had a connection fee of $1.35 and cost $.18/minute. International calls had a $3.95
connection fee and cost $.89/minute.47 During our interview with one detainee, s/he repeatedly
mentioned that the cost of phone calls even within the state were prohibitively expensive. S/he
estimated that a call to his/her brother or lawyer in northern Virginia cost $20.00 or more for a
15-minute call.48 All calls are restricted to no more than 15 minutes.49
3.

Incoming Calls and Messages

The Standards suggest that facilities take and deliver messages from attorneys and
emergency incoming telephone calls to detainees as promptly as possible.50 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.51
PRJ partially meets, and partially exceeds, this section of the Standards. Incoming
phone calls and messages are generally not accepted at the Facility.52 In situations where an
attorney is seeking to make telephone contact with a client, the Facility will try either to bring the
detainee to the phone call at the time it is received or, alternatively, try to work out with the
attorney a scheduled call soon thereafter when the detainee can be brought to the front office to
receive the call.53 The Handbook states that if a message is “verified” as an emergency, it will be
delivered to an inmate.54
4.

Telephone Usage Restrictions

The Standards maintain that phone calls should not be unreasonably restricted and that
time limits, if necessary, should be no shorter than 20 minutes.55

Observations of delegation member

Interview with anonymous detainee.

PRJ Inmate Handbook at 13.

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

PRJ Inmate Handbook at 13.

Notes of delegation member

PRJ Inmate Handbook, p. 15.

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

on conversation with Officer

b6, b7C

PRJ does not fully meet this section of the Standards. PRJ places 15-minute time
limits on telephone calls made from the housing units.56 The Jail also deactivates telephones in
the housing units during meals and other logistical events.57 Our tour of a housing unit occurred
during lunchtime, when the phones had been deactivated and could not be tested.
5.

Privacy for Telephone Calls on Legal Matters

The Standards maintain that the facility should ensure privacy for detainees’ telephone
calls regarding legal matters. As a consequence, the facility should provide a reasonable number
of telephones on which detainees can make such calls without being overheard by officers, other
staff or other detainees.58
PRJ does not fully meet this section of the Standards. The only telephones available to
detainees were situated in public spaces, with no way to ensure detainee privacy. There were
small meeting rooms at the detainees’ disposal for face-to-face meetings with lawyers, and
conversations in these rooms are reportedly not monitored, but there were no telephones in these
rooms.
Telephone calls on legal matters are not supposed to be monitored under the Standards.59
While PRJ staff indicated that there was no policy to monitor such calls actively, the right to do
so is explicitly reserved in the Handbook.60 Moreover, PRJ staff indicated that there may be
some random monitoring of phone activity.61
C.

Access to Legal Materials

This section of the Standards aims to ensure that detention facilities provide detainees
“access to a law library, and provide legal materials, facilities, equipment and document copying
privileges, and the opportunity to prepare legal documents.”62 These standards are applicable to
intergovernmental service agreements (IGSAs) as “guidelines… provided they meet or exceed
the objective represented by each standard.”63
1.

Library Conditions

The Standards suggest that each facility provide “a designated room with sufficient space
to facilitate detainees’ legal research and writing.”64 The library should be large enough to
56

PRJ Inmate Handbook at 13.

PRJ Inmate Handbook at 14.

Observations of delegation member

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

Observations of delegation member

Notes of delegation member

on conversation with Officer

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

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

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

b6, b7C

facilitate use by all detainees who request its use, have an adequate number of tables and chairs
and be well-lit and relatively quiet.65 In addition, the Standards provide that the library make
available supplies, such as typewriters, computers, paper, and pens, to facilitate the preparation
of legal materials and that the facility assign a staff member to maintain the equipment and
supplies.66
PRJ substantially meets this section of the Standards. The Facility provides a small
well-lit room for the law library.67 The space has three bookshelves filled with legal materials, a
computer, which did not appear to work when tested and was not connected to a printer, and one
medium-sized table for research.68 The library is located adjacent to a main corridor, but was
very quiet during our visit.69 According to Facility staff, three to four people can use the library
at one time.70 Staff also gave the impression that there is a low demand for the law library.71
According to staff, few inmates request use of the law library.72 The current facilities available
at the law library are adequate given the small demand for the service, and small number of
detainees at the Facility. Detainees are not routinely provided access to typewriters or computers
to prepare legal documents, but typing is provided upon request and for a fee.73 According to
staff, detainees rarely request this service.74 In addition, all detainees are issued legal pads and
pens.75
2.

Library Holdings

Attachment A to the Standards provide a list of materials that should be included in the
law library. Facilities should also define procedures for updating and maintaining the materials
and receiving and requesting new materials.76
PRJ substantially meets this section of the Standards. The law library had copies of
most of the materials listed.77 There was not a copy of the Florence Project’s “Know your

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

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

Observations of delegation member

Notes of delegation member

on conversation with Sergeant

Notes of delegation member

on conversation with Sergeant

.
b6, b7C

and Office

.
b6, b7C

Notes of delegation member

on conversation with Sergeant

and Office

Notes of delegation member

on conversation with Officer

Notes of delegation member

on conversation with Officer

Notes of delegation member
Section 6-E.

on conversation with Officer

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

Notes of delegation member

b6, b7C

PRJ Inmate Handbook,

Rights” video.78 The library contained both English and Spanish language materials. The
Facility receives updated materials from ICE on an irregular schedule, usually every three to four
months.79 Inmates may request materials not available in the library by submitting a request
form to program staff.80 Program staff seemed willing to process these requests.
3.

Hours of Access

The Standards advise that the library schedule should allow all detainees use of the
library for a minimum of five hours per week. Library use should not conflict with recreation
time. The library schedule should also provide for maximum use of the library without
“interfering with the orderly operation of the facility.”81
PRJ substantially meets this section of the Standards; although normal library time
allotted is only one hour per week, detainees may request additional time. Detainees may
sign up in their housing unit to use the library for one hour, one day per week.82 This time does
not conflict with recreational time.83 Detainees may request additional time.84 Staff indicated
that few detainees request to use the library, therefore such requests are ordinarily granted and a
detainee may achieve more than five hours of library use per week.85
4.

Library Services and Assistance from Other Detainees

The Standards urge facilities to provide a mechanism for detainees to receive legal
materials not available in the law library and for detainees to photocopy legal materials.86 The
facility should allow detainees to assist fellow inmates with legal research, but not allow fellow
inmates to charge for these services.87 In addition, the facility should provide “more than access
to a set of English-language law books,” to illiterate or non-English speaking detainees, and
should establish procedures for assisting such detainees.88
PRJ fully meets this section of the Standards. Detainees can request additional
materials through the standard inmate request form. Program staff indicated a willingness to
acquire these materials, including non-English language materials, but noted that staff rarely
78

Notes of delegation member

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

Notes of delegation member
Sergeant b6, b7C

Notes of delegation member

Detention Operations Manual, Detainee Services, Standard 1, Section III.I & J.

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

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

on conversation with Officer
b6

on conversation with Officer

b6, b7C

on conversation with Officer

b6, b7C

on conversation with Officer
b6

on conversation with Officer

b6, b7C

on conversation with Officer

Officer

b6, b7C

and

received such requests.89 Photocopies are provided on request, and are usually processed within
twenty-four hours. Copies cost $0.25 per page and are charged to detainees’ accounts.90
Inability to pay will result in a negative balance, but will not prevent detainees from receiving
photocopies. Prisoners often volunteer to help other prisoners with non-English materials, and
staff helps facilitate this relationship.91 The Facility prohibits charging for legal assistance.92
5.

Personal Legal Materials, Law Library Access for Detainees in Special
Management Units, Envelopes and Stamps for Legal Documents

The Standards state that facilities should allow detainees to retain all personal legal
materials.93 In addition, the Standards require that detainees housed in administrative or
disciplinary segregation should have the same access to legal materials as other detainees.94 The
Standards suggest the facility provide detainees with free envelopes and stamps for mailing legal
documents.95
PRJ meets this section of the Standards. Detainees are allowed to retain all of their
legal materials in their housing units.96 In addition, detainees who pose a security risk are
allowed full access to the library. If a detainee who poses a security-risk wants to use the library,
the Facility posts a guard outside the library to maintain order.97 The Facility provides each
inmate with a specific amount of envelopes and stamps per month if indigent.98
6.

Notaries, Certified Mail, and Miscellaneous Needs Associated with
Legal Materials

The Standards specify that facilities should provide access to a notary public, certified
mail, or other similar services needed for legal matters.99
PRJ fully meets this section of the Standards. A detainee may have documents
notarized through the programs office for a fee.100
89

Notes of delegation member

on conversation with Officer
b6

b6, b7C

Notes of delegation member
Section 4-C.

Notes of delegation member

Pamunkey Regional Jail, Institutional Operations, Rules and Discipline, Section 3C-01-A-2-16.

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

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

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

Notes of delegation member

Notes of delegation member
Section 2.

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

100

Pamunkey Regional Jail, Institutional Operations, Inmate Rights, Section 3E-03.

on conversation with Officer
b6

on conversation with Captain

on conversation with Sergeant
b6

on conversation with Captain
on conversation with Sergeant

; PRJ Inmate Handbook,
b6, b7C

b6, b7C
b6, b7C
b6, b7C

PRJ Inmate Handbook,

Notice to Detainees

The Standards state that a facility should inform detainees of law library access
procedures, including the library’s hours of access and procedures for requesting access to the
law library, to additional time in the library, to legal materials not available in the library, and for
notifying staff if materials are missing or damaged. In addition, the library should post a list of
the library’s holdings and of library procedures in the law library.101
PRJ meets this section of the Standards. Information about the law library is provided
in the Handbook, which specifies how to gain access to the library and where to find a library
schedule.102 Staff mentioned that a schedule and sign up sheet for access to the library is
available in each housing unit.103 A binder listing the library holdings is available in the law
library.104
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 the IGSA
facility.”105 Informational posters are to be prominently displayed in the housing units at least
forty-eight hours in advance of a scheduled presentation.106 While the presentations are open to
all detainees, the facility “may limit the number of detainees at a single session.”107 “The facility
shall select and provide an environment conducive to the presentation, consistent with
security.”108 In addition, detainees shall have regular opportunities to view an “INS-approved
videotaped presentation on legal rights.”109
PRJ meets this section of the Standards. According to PRJ staff, there are no
restrictions on group rights presentations, although only the CAIR Coalition has requested to
make such presentations. The CAIR Coalition makes presentations once every two months.110
PRJ detainees are housed in dormitory style units, each containing a separate seating area.
Group rights presentations are held in the seating area of the units and are open to any detainee

101

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

102

PRJ Inmate Handbook, Section 4.

103

Notes of delegation member
Officer b6, b7C

104

Notes of delegation member

105

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

106

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

107

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

108

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

109

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

110

Notes of delegation member

on conversation with Sergeant

b6, b7C

on conversation with Officer

Captain

b6, b7C

and

housed in that unit.111 Typically, an authorized organization makes a presentation to the
assembled detainees and is subsequently available for individual questions from detainees
afterwards.112
IV.

OTHER GENERAL OBSERVATIONS UNRELATED TO THE LEGAL ACCESS
STANDARDS
A.

Recreation

The ICE policy on recreation requires facilities to provide detainees with “access to
recreational programs and activities, under conditions of security and supervision that protect
their safety and welfare.”113 If outdoor recreation is available, the Standards stipulate that each
detainee shall have access for at least one hour daily, five days per week.114
PRJ meets this section of the Standards. PRJ has an open-air courtyard that is enclosed
but exposed above.115 There, detainees are able to access the outdoors every day for one hour at
3:00 pm.116 On the weekends, due to staffing constraints, access to outdoor recreation is at the
guard’s discretion.117 There is a basketball court available to detainees in the courtyard, as well
as some other limited exercise equipment.118 There is no conflict between outdoor recreation
access and library access, as the library can be accessed at any time during the day upon request
and subject to availability.119
B.

Access to Medical Care
1.

General
a.

Personnel

The Standards mandate that all facilities employ a medical staff large enough to perform
basic exams and treatments for all detainees.120 The Standards further require that health care
staff have valid professional licensure or certification.121 The Standards also require that each

111

Notes of delegation member

on conversation with Officer
b6, b7C

112

Notes of delegation member

113

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

114

Detention Operations Manual, Detainee Services, Standard 13, Section III.B.1.

115

Observations of delegation members.

116

Notes on interview with anonymous detainee.

117

Notes on interview with anonymous detainee.

118

Observations of delegation members.

119

Observations of delegation members.

120

Detention Operations Manual, Health Services, Standard 2, Section III-A.

121

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

on conversation with Officer

facility enter into certain arrangements with nearby medical facilities or health care providers for
the provision of required health care that is not available within that facility.122
PRJ meets this section of the Standards. PRJ currently employs five full-time health
care professionals: one registered nurse, two licensed practical nurses, one paramedic and one
basic EMT. Interviews with health care staff revealed that PRJ typically employs six full-time
health care professionals and, accordingly, the Facility is currently seeking an additional health
care professional.123 Additionally, PRJ employs various “on-call” doctors, dentists and
counselors. According to interviews conducted with health care staff, there is a least one doctor,
dentist and counselor “on-call” at all times.124 Moreover, there are two doctors “on-call” during
daytime hours.125 Finally, according to PRJ staff, the Facility has agreements with nearby health
care facilities to provide certain services.126
b.

Facility

The Standards maintain that each facility must provide adequate space and equipment for
the provision of health care services.127 The Standards also require that such space should allow
detainees to receive health examinations and treatment in private.128
PRJ meets this section of the Standards. The PRJ infirmary provides more than
adequate space for the provision of health care services and includes several private examination
rooms for individual treatment. The infirmary also includes a waiting room with its own
restroom facilities.
2.

Initial Screenings

The Standards require that all new arrivals receive initial health screening within fourteen
(14) days of arrival at a facility.129 Initial health screenings must include a TB screening, as well
as screening for substance abuse and/or withdrawal.130 Along with a basic physical and
collection of medical history, an initial screening must include a dental screening exam and a
mental health assessment.131 The Standards also mandate that each facility provide translation
services in connection with initial health screenings.132 Facilities are encouraged to use

122

Detention Operations Manual, Health Services, Standard 2, Section III.A.

123

Notes of delegation member

124

Notes of delegation member

125

Notes of delegation member

126

Notes of delegation member

127

Detention Operations Manual, Health Services, Standard 2, Section III.B.

128

Detention Operations Manual, Health Services, Standard 2, Section III.B.

129

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

130

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

131

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

132

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

on conversation with Facility health care staff.
b6

on conversation with facility health care staff.

telephone translation services and, when appropriate, the Standards allow other detainees to be
used for translation purposes. 133
PRJ meets this section of the Standards. PRJ requires all detainees to undergo a
complete health assessment within fourteen days of detainment.134 For translation services, PRJ
staff indicated that the Facility uses an AT&T telephonic translation service and also relies on
other detainees to provide translation services, where appropriate.135
3.

Medical Care
a.

Sick Call

The Standards maintain that each facility must have a regularly scheduled Sick Call,
when medical personnel are available to see detainees who have requested medical services.136
Each facility must make Sick Call request slips available to detainees and must process such
requests slips in a timely manner.137 The Standards also require Sick Call to be scheduled a
minimum number of days per week, according to the specific size of each facility.138
PRJ meets this section of the Standards. The Facility conducts “Sick Call” on a
scheduled basis and it is performed by, or at the direction of, a registered nurse.139 Sick Call
request slips are available in all housing units and are to be picked up once a day by medical
department staff.140 PRJ staff indicated that the Facility conducts Sick Call two days per
week.141
b.

Emergency Care

The Standards require that facility health care staff be properly trained to handle medical
emergencies.142 The Standards also maintain that each facility have procedures allowing for 24hour emergency care.143
PRJ meets this section of the Standards. As previously mentioned, the Facility’s health
care staff includes both a paramedic and an EMT and at least one “on-call” doctor is available to

133

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

134

Pamunkey Regional Jail Institutional Operations, Section 4E-21; PRJ Inmate Handbook, p. 12.

135

Notes of delegation member

136

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

137

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

138

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

139

Pamunkey Regional Jail, Institutional Operations, Section 4E-26.

140

PRJ Inmate Handbook, pp. 10-11.

141

Notes of delegation member

142

Detention Operations Manual, Health Services, Standard 2, III.G.

143

Detention Operations Manual, Health Services, Standard 2, III.G.

on conversation with Facility health care staff.

the Facility at all times.144 Moreover, the Facility’s emergency medical care plan includes
provisions for (1) on-site emergency first aid and crisis intervention, (2) emergency evacuation
of a detainee from the Facility, (3) use of an emergency medical vehicle, (4) use of one or more
designated hospital emergency rooms or designated health facilities and (5) security procedures
providing for the immediate transfer of inmates when appropriate.145 Additionally, first aid kits
are available throughout the Facility.146
c.

Disbursement of Medication

The Standards maintain that medication must be disbursed to detainees according to
specific instructions and procedures.147
PRJ fully meets this section of the Standards. The Handbook states that Pill Call will
be conducted by medical staff or a trained staff member. Interviews with health care staff
revealed that Pill Call is conducted three times per day at the Facility.148 Moreover, PRJ also has
procedures allowing detainees to participate in a self-administered medication program, where
appropriate.149
4.

Dental Care

The Standards require that all detainees be provided with emergency dental treatments,
as well as routine dental treatment for those detainees who remain at a facility for more than six
months.150
PRJ appears to meet this section of the Standards. According to PRJ Institutional
Operations, PRJ provides emergency dental care, including the retention of an “on-call” dentist
for such purposes, and by providing all detainees with dental examinations within three months
of admission to the Facility.151
5.

Miscellaneous Standards
a.

Confidentiality

The Standards state that all detainee medical records should be kept confidential, to the
extent possible.152 The Standards also mandate that copies of detainee health records be released

144

Notes of delegation member

145

Pamunkey Regional Jail, Institutional Operations, Section 4E-08.

146

Pamunkey Regional Jail, Institutional Operations, Section 4E-25.

147

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

148

Notes of delegation member

149

Pamunkey Regional Jail, Institutional Operations, Section 4E-28; PRJ Inmate Handbook, pp. 12-13.

150

Detention Operations Manual, Health Services, Standard 2, Section III.E.

151

Pamunkey Regional Jail, Institutional Operations, Section 4E-23.

152

Detention Operations Manual, Health Services, Standard 2, Section III.M.

on conversation with Facility health care staff.

, on conversation with Facility health care staff.

to a detainee or an person designated by the detainee, upon receipt of written authorization by the
detainee.153
PRJ partially meets this section of the Standards. While the Facility keeps all medical
records confidential and separate from other detainee records, the Facility apparently only
permits detainee access to medical records through court order.154
b.

Informed Consent

The Standards maintain that no medical treatment should be administered against a
detainee’s will.155 Accordingly, facility health care providers are required to obtain signed and
dated consent forms from all detainees prior to any medical examination or treatment, except in
emergency situations.
PRJ meets this section of the Standards. PRJ procedures require the written consent of
detainees prior to medical treatment except in emergency situations or when a detainee is
otherwise unable to give consent.156
c.

Suicide Prevention and Intervention

The Standards maintain that all staff working inside detention facilities must be trained to
recognize signs and situations that potential indicate a suicide risk, to act to prevent suicides with
appropriate sensitivity, supervision and referrals and to provide any at-risk detainee with
preventative supervision and treatment.157
PRJ meets this section of the Standards. Facility procedures provide for assessment
and prevention of suicide risk beginning with a detainee’s initial health assessment and
continuing throughout his/her detainment.158 The Facility’s suicide prevention and intervention
progress is to be carried out by all employees who come into contact with the detainees.159
C.

Detainee Classification

The Standards suggest that detention facilities use a classification system and physically
separate detainees in different categories.160 A detainee’s classification is to be determined by
“objective” criteria, including criminal offenses, escape attempts, institutional disciplinary

153

Detention Operations Manual, Health Services, Standard 2, Section III.M.

154

Pamunkey Regional Jail, Institutional Operations, Section 4E-46.

155

Detention Operations Manual, Health Services, Standard 2, Section III.L.

156

Pamunkey Regional Jail, Institutional Operations, Section 4E-42.

157

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

158

Pamunkey Regional Jail, Institutional Operations, Section 4E-34.

159

Pamunkey Regional Jail, Institutional Operations, Section 4E-34.

160

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

history, violent incidents, etc.161 Opinions, unconfirmed and unverified information, and physical
characteristics and appearance are not to be taken into account.162 Classification is required in
order to separate detainees with no or minimal criminal records from inmates with serious
criminal records.163
Additionally, all facility classification systems must allow classification levels to be redetermined and include procedures by which new arrivals can appeal their classification
levels.164 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.165
PRJ does not fully meet this section of the Standards. PRJ has the capacity for
segregation as it possesses both “minimum” and “medium” security units.166 However, the
Facility is by and large unable to make appropriate classifications of detainees upon entry to the
jail because the Facility lacks the background information about the detainees needed to make
such assessments.167 When a detainee arrives at PRJ, the only information provided to the staff
is his/her name, country of origin, and alien number.168 Thus, the lack of proper information
makes it impossible for the staff initially to separate non-violent from violent detainees.
However, PRJ strives to classify and segregate detainees when evidence of criminal
history and violence is available.169 PRJ does not base such classifications on opinions or
unconfirmed information, or solely on physical characteristics and appearance.170 Opportunities
for classification and segregation tend to exist in two situations. First, PRJ apparently has
received many detainees who are members of an El Salvadoran gang called MS-13.171 If a
detainee identifies himself as a member of MS-13 and is deemed dangerous, he is segregated into
a “medium” security unit.172 However, PRJ officials do not automatically segregate a detainee
simply because s/he has gang tattoos or other markings. Instead, PRJ staff assesses whether the
detainee is an active gang member and dangerous through an interview.173 Second, detainees are
161

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

162

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

163

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

164

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

165

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

166

Observations of delegation member

167

Notes of delegation member

e, on conversation with Officer

168

Notes of delegation member

e, on conversation with Officer

169

Notes of delegation member

e, on conversation with Officer

170

Notes of delegation member

171

Notes of delegation member

e, on conversation with Captain

172

Notes of delegation member

e, on conversation with Captain

173

b6, b7C

e, on conversation with Captain
b6, b7C

Notes of delegation member
e, on conversation with Captain
As Captain
t explained, it would be unfair to segregate someone just because of his tattoo when he may have
he gang as a young person and since dropped out.

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

segregated into “medium” security when they commit a dangerous infraction while housed in the
“minimum” security portion of the Facility.174
The Inmate Handbook has a section on classification, but it does not include an explanation of
the classification levels with the conditions and restrictions applicable to each.175
D.

Voluntary Work Program

The Standards suggest that all facilities with work programs provide an opportunity for
physically and mentally capable detainees to “work and earn money.”176 Participation must be
voluntary, and detainees may not work more than eight hours per day, and 40 hours per week.177
PRJ does not meet this section of the Standards, however this may be due to the
temporary nature of PRJ. PRJ does not have in place any voluntary work program through
which detainees might earn money.178 PRJ staff implied that this could be a function of PRJ
being a temporary holding station where detainees are rarely held for more than a month.179
E.

Grievance Procedures

The Standards recommend that each facility develop operating procedures that
address detainee grievances including emergency grievances and guarantee against reprisals.180
The grievance procedure should also include provisions for translation and assistance to
detainees needing help with filing a grievance.181 A grievance procedure should also allow
informal oral reporting within five days of the incident.182
PRJ appears to meet this section of the Standards. The Inmate Handbook
describes a grievance procedure that allows for filing of formal complaints and informal
resolution, though it does not include provisions for oral reporting.183 Based on our interviews
with PRJ personnel, it appears that in practice the facility allows oral reporting of grievances.
PRJ personnel did not report any problems with the grievance procedure, however, the detainees
with whom we spoke had not used the grievance procedure.184

174

Notes of delegation member

175

PRJ Inmate Handbook at p. 10.

176

Detention Operations Manual, Detainee Services, Standard 18, Sections I & III.A.

177

Detention Operations Manual, Detainee Services, Standard 18, Sections III.A. & H.

178

Notes of delegation member

179

Notes of delegation member

180

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

181

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

182

Detention Operations Manual, Detainee Services, Standard 5, Section III.A.1.

183

PRJ Inmate Handbook at pp. 43-44.

184

Notes of delegation member
anonymous detainees.

on conversation with Captain

on conversation with Captain
based on conversations with Officer

b6, b7C

b6, b7C
b6, b7C

based on conversations with Officers

b6, b7C

and

Religious Practices

The Standards suggest that detainees of different religious beliefs be provided with
reasonable and equitable opportunities to participate in the practices of their respective faiths.185
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.”186
PRJ does provide opportunity for religious practice. According to PRJ staff, each
unit has a classroom that is used for worship services.187 It was further explained that worship
services for the Christian, Jewish, Muslim and Buddhist faiths are provided.188
G.

Disciplinary Policy

The Standards preclude discipline that uses corporal punishment, deviation from
normal food, or deprivation of clothing, bedding, personal hygiene products, physical exercise,
telephone access, correspondence, or access to law libraries.189 Detainees ordinarily retain
visiting privileges while in administrative or disciplinary segregation.190 Facilities shall have
graduated scales of offenses and disciplinary consequences.191 Disciplinary segregation is to be
limited to 60 days.192
PRJ does not fully meet this section of the Standards. Neither of the immigration
detainees at the Facility when we visited had been disciplined, so our review of PRJ’s
disciplinary policy is based on the Detainee Handbook and interviews of PRJ personnel. PRJ
appears to follow much of this section of the Standards, including an appropriate hearing and
appeals procedure. However, PRJ does not allow detainees in segregation to have any visitation
aside from legal visits, and does not allow detainees in segregation to go outside.193 Each
detainee in segregation is allowed one hour per day outside the cell to use the shower, phone and
read the papers.194
H.

Staff-Detainee Communication

185

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

186

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

187

Notes of delegation member

on conversation with Sergeant
b6

b6, b7C

188

Notes of delegation member

189

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

190

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

191

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

192

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

193

PRJ Inmate Handbook at 20; notes of delegation member

on conversation with Sergeant

b6, b7C

194

Notes of delegation member

on conversation with Sergeant

b6, b7C

A certain level of contact between ICE staff and the staff at a detention facility is
necessary to ensure proper oversight of detention conditions. The Standards suggest both
weekly ICE visits as well as unscheduled visits.195
PRJ meets this section of the Standards. PRJ staff confirmed that they have both the
office and cell phone numbers of ICE staff, and communicate with them regularly. They
estimate that they had contact with ICE roughly 3-4 times each week, and it is initiated from both
sides.
On our tour of the Facility, an ICE official joined our delegation.196 He works with the
PRJ and confirmed that representatives from ICE and the Facility’s staff are often in contact. He
also noted that an ICE officer lives in the surrounding area and is in touch with the Facility either
by phone or in person roughly three times each week.
I.

Detainee Transfer Policy

The ICE Detention Standard on Detainee Transfer requires the notification of
attorneys of detainees who have filed Forms G-28 after the transfer has been made.197 Transfers
may be made for the following reasons: medical need, EOIR change of venue, recreation,
security and other needs of ICE.198 Prior to transfer, the detainee’s A-file must be organized, and
include relevant forms and information.199 Detainees should be given the opportunity to place a
phone call after transfer, and should be fed during transfer if longer than six hours or if the
transfer is over a meal time.200
It appears that ICE meets part of this Standard at PRJ. We were unable to talk
to any detainees who had been transferred, thus all of our information about transfers came from
b6, b7C
ICE officer
. According to Officer b6, b7C ICE notifies attorneys after detainee
transfer by phone in most cases, and if not, by letter. If a family member calls, they will be
told that the detainee has been transferred, and the new facility will be identified after the
detainee has arrived there.202 The vast majority of PRJ immigration detainees are transferred to
Hampton Roads or Piedmont, neither of which are more than six hours away.203 If detainees are
transferred during meal times, they are fed on arrival at the new facility.204 Detainees who are

195

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

196

Notes of delegation member

197

Detention Operations Manual, Security and Control, Standard 4, Section III.A.1.

198

Detention Operations Manual, Security and Control, Standard 4, Section III.B.

199

Detention Operations Manual, Security and Control, Standard 4, Section III.D.

200

Detention Operations Manual, Security and Control, Standard 4, Section III.G & H.

201

Notes of delegation member

202

Notes of delegation member

on conversation with ICE Officer

based on conversation with
based on conversation with
b6, b7C

203

Notes of delegation member

based on conversation with

204

Notes of delegation member

based on conversation with

b6, b7C

coming from the Washington metropolitan area are fed at the Fairfax ICE facility.205 Detainees
may keep papers on their person when they are transferred.206
V.

CONCLUSION

The Pamunkey Regional Jail meets many of the ICE Detention Standards but also fails to
meet a number of sections.

205
206

•

To facilitate legal visitation, PRJ should make it clear to detainees that their
attorneys are free to visit them seven days a week by changing the Handbook to
conform to PRJ practice.

•

To facilitate visitation by family and friends, visitation should be allowed on
weekends.

•

PRJ should not cut off phone calls before 20 minutes have expired and should not
limit legal phone calls unless necessary. To provide adequate telephone access to
detainees, PRJ should look into lowering the costs for telephone calls. Presently,
the cost appears to be prohibitive to the extent that detainees wishing to make
calls cannot do so due to high costs.

•

PRJ staff should not record or monitor legal phone calls (absent a court order),
and if regular phone calls are monitored, PRJ should provide detainees with the
procedure for obtaining an unmonitored call for legal purposes.

•

To establish that detainees are properly classified, PRJ staff should put in place
procedures that will enable them to more adequately gain information about
detainees’ backgrounds and classify them accordingly.

•

PRJ staff should create a voluntary work program.

Notes of delegation member

based on conversation with
b6, b7C

Notes of delegation member

based on conversation with

ICE Standard*

Delegation Observation

Source

Standard 17, Visitation
III.H.1. Visits shall be permitted during set hours on
Saturdays, Sundays, and holidays.
Standard 16, Telephone Access
III.B. [T]he facility shall provide telephone access rules in
writing to each detainee upon admittance, and also shall
post these rules where detainees may easily see them.
Standard 16, Telephone Access
III.E. The facility shall enable all detainees to make calls
to the INS-provided list of free legal service providers and
consulates at no charge to the detainee or the receiving
party.
III.F. 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 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 ….
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.

Visits are not permitted on weekends. (p.6 ¶2)

Inmate
Handbook

Telephone access rules are not posted where they
can easily be found by detainees. (p.7 ¶1)

Delegation
observations

Staff explained that the phones had consulate
numbers pre-programmed into them. However,
there was no individualized listing of such numbers
or of numbers for legal services providers by the
phones. (p.7 ¶¶5, 4)
There is a 15-minute time limit on telephone calls
made from the housing units. (p.8 ¶2)

Officer

Incoming phone calls and messages are generally
not accepted at the Facility. However, staff will try
either to bring the detainee to the phone for a call or,
alternatively, try to schedule a call with the attorney
soon after a call when the detainee can be brought to
the front office to receive the call. (p.8 ¶4)
The Handbook states that if a message is “verified”
as an emergency, it will be delivered to an inmate.
(p.8 ¶4)

Inmate
Handbook;
Officer

ABA Commission on Immigration - Detention Standards Implementation Initiative

delegation
observations
Inmate
Handbook

b6, b7C

ICE Response

b6, b7C

Facility Name: Pamunkey Regional Jail, Ashland, VA
Date of Tour: July 18, 2005
Tour Participants: Latham & Watkins LLP attorneys and summer associates
,
and
e Detainee Services Standards unless otherwise indicated. Issues are listed in the order in which they appear in the Report.

Inmate
Handbook

6/20/2006

Officer

Detainees may sign up in their housing unit to use
the library for one hour, one day per week.
Detainees may request additional time. (p.11 ¶3)

Officers

The facility only permits detainees to access their
medical records through court order. (p.18 ¶2)

Pamunkey
Regional Jail
Operational
Standards

The Facility is generally unable to make appropriate
classifications of detainees upon entry to the
Facility because the Facility lacks the background
information about the detainees needed to make
such assessments. The only information provided to
the staff is name, country of origin, and alien
number. (p.19 ¶3)
PRJ strives to classify and segregate detainees when
evidence of criminal history and violence is
available. (p.19 ¶4)

Officer

b6, b7C

Delegation
observations

b6, b7C

Health Services Standard 2, Medical Care
III.M. Copies of health records may be released by the
facility health care provider directly to a detainee, or any
person designated by the detainee, upon receipt by the
facility health care provider of a written authorization
from the detainee.
10. Standard 4, Detainee Classification System
III.A.1. All detainees are classified upon arrival, before
being admitted into the general population. [ICE] will
provide CDFs and IGSA facilities with the data they need
from each detainee’s file to complete the classification
process.
III.F. The classification system shall assign detainees to
the least restrictive housing unit consistent with facility
safety and security.

The law library has one computer that delegation
members were unable to turn on, and which was not
connected to a printer. (p.10 ¶2)
Detainees are not routinely provided access to
typewriters or computers to prepare legal
documents; typing is provided for a fee. (p.10 ¶2)
The library does not have a copy of the Florence
Project’s “Know your Rights” video. (p.10 ¶4)

Detainee
Handbook;
Officer

b6, b7C

Delegation
observations

ABA Commission on Immigration - Detention Standards Implementation Initiative

b6, b7C b6, b7C
b6, b7C

Standard 1, Access to Legal Material
I. Facilities … shall permit detainees access to a library,
and provide legal materials, … and the opportunity to
prepare legal documents.
Standard 1, Access to Legal Material
III.G. Each detainee shall be permitted to use the law
library for a minimum of five (5) hours per week.

The only telephones available to detainees are
located in public spaces. (p.9 ¶3)
While PRJ staff indicated that there was no policy to
monitor legal calls actively, the right to do so is
explicitly reserved in the Handbook. Moreover,
PRJ staff indicated that there may be some random
monitoring of phone activity. (p.9 ¶4)

b6, b7C

Standard 16, Telephone Access
III.J. The facility shall ensure privacy for detainees’
telephone calls regarding legal matters. For this purpose,
the facility shall provide a reasonable number of
telephones on which detainees can make such calls
without being overheard by officers, other staff or other
detainees. Facility staff shall not electronically monitor
detainee telephone calls on their legal matters, absent a
court order.
Standard 1, Access to Legal Material
III.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.

and
and Sgt.

6/20/2006

The Inmate Handbook has a section on
classification, but it does not include an explanation
of the classification levels with the conditions and
restrictions applicable to each. (p.20 ¶6)

Inmate
Handbook

Captain

13. Standard 17, Visitation
III.H.5. A detainee shall ordinarily retain visiting
privileges while in administrative or disciplinary
segregation status.
Security and Control Standard 5, Disciplinary Policy
III.A.3. Staff may not impose or allow imposition of the
following sanctions: … deprivation of physical exercise
unless such activity creates an unsafe condition.

There is no voluntary work program through which
detainees might earn money. (p.20 ¶4) Staff
implied that this could be because PRJ is a
temporary holding station where detainees are rarely
held for more than a month. (p.20 ¶4)
PRJ does not allow detainees in segregation to have
any visitation aside from legal visits, and does not
allow detainees in segregation to go outside. (p.21
¶4)

Officer

Detainee
Handbook;
Sergeant
b6, b7C

ABA Commission on Immigration - Detention Standards Implementation Initiative

b6, b6,
b7Cb7C

11. Standard 4, Detainee Classification System
III.I. The detainee handbook’s section on classification
will include the following: 1. An explanation of the
classification levels with the conditions and restrictions
applicable to each.
12. Standard 18, Voluntary Work Program
I. Every facility with a work program will provide
detainees the opportunity to work and earn money.

6/20/2006