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FIRM / AFFILIATE OFFICES
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MEMORANDUM
January 10, 2008

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From:
Copies to:
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Washington, D.C.

John P. Torres, Director, Office of Detention and Removal, Immigration and
Customs Enforcement
American Bar Association Delegation to the Pike County Correctional Facility 1
b6
ABA Commission on Immigration
Report on Observational Tour of the Pike County Correctional Facility, Pike
County, Pennsylvania

This memorandum summarizes and evaluates information gathered at the Pike County
Correctional Facility (“PCCF” or “the facility”) in Lords Valley, Pennsylvania, during the
delegation’s July 31, 2007 visit to the facility. The information was gathered via observation of
the facility by the delegation, discussions with PCCF staff and Immigration and Customs
Enforcement (“ICE”) personnel, and review of materials provided by PCCF staff.
I.

ICE DETENTION STANDARDS

In November 2000, the Immigration and Naturalization Service (INS),2 promulgated the
“INS Detention Standards” to ensure the “safe, secure and humane treatment” of immigration
detainees. The thirty-nine standards contained in the Detention Operations Manual cover a broad
spectrum of issues ranging from visitation policies to grievance procedures. These standards
apply to ICE-operated detention centers and other facilities that house immigration detainees
pursuant to a contract or intergovernmental service agreement (“IGSA”).
The Detention Standards (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. In other words, they are designed to establish the
minimum requirements to which ICE must adhere in its facilities. Each Field Office or Officer1

The delegation was comprised of attorneys and summer associates from the New York office of Latham &
b6
b6
b6
b6
b6
P, including
,
,
, and
b6
.
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 newly
created Department of Homeland Security (“DHS”).

in-Charge has discretion to promulgate polices and practices affording ICE detainees more
enhanced rights and protections, beyond those provided for by the Standards.
II.

INTRODUCTION
A. The Delegation’s Visit, July 31, 2007

On Tuesday, July 31, 2007, the members of our delegation met with several members of
PCCF’s staff and a representative from the ICE office in Lords Valley, Pennsylvania. Lieutenant
b6, b7C
b6, b7C
a staff member at PCCF, and
ICE Supervisory and Detention
Deportation Officer, led our delegation on a tour of the facilities and participated in discussions.
The delegation also met with other PCCF personnel along the tour: Lieutenant b6, b7C (intake
officer), Nurse b6, b7C (medical staff), Mr. b6, b7C (food service director), Lieutenant b6, b7C
(staff training), Sergeant b6, b7C (library point of contact, but not the librarian), Officer b6, b7C
b6, b7C
b6, b7C
(guard in female unit), Warden
and Assistant Warden
. The
delegation appreciates the cooperation of these individuals; they were direct and accommodating
during our tour of the facility.
Our report is based on the discussions we had with these PCCF and ICE employees, as
well as our observations of the facility. All employees were extremely generous with their time
and patiently answered all of our questions. The Warden of the facility demonstrated a sincere
interest in providing a thorough tour, answered all of our questions, and was extremely helpful in
accommodating many of our requests. While our general impression of the facility was
overwhelmingly positive, there were instances where the Standards were not being met, and our
delegation was unable to interview detainees to determine if the experiences of the detainees are
consistent with the policies described by PCCF’s staff and the PCCF Inmate Handbook.3
B. General Information About the Pike County Correctional Facility
The Pike County Correctional Facility houses federal immigration detainees according to
an intergovernmental service agreement (“IGSA”) with ICE.4 According to the PCCF personnel,
the Facility has a current population of 270 inmates, 120 of whom are immigration detainees.5
PCCF houses mostly males.6 At the time of our visit, the facility personnel estimated that five to
ten female immigration detainees were housed there.7 Officer b6, b7C and Lt. b6, b7C told the
delegation that the facility housed immigration detainees from many different countries, but most
detainees were Hispanic.8 The majority of the detainees housed were awaiting removal
proceedings,9 and the average length of stay for a detainee was between thirty and ninety days.10

3

The delegation was unable to identify detainees who could meet with them during their visit.
Notes of delegation member
based on conversation with Lt. b6, b7C
5
Notes of delegation member
based on conversations with Officer b6, b7C and Lt.
b6
6
Notes of delegation member
based on conversation with Lt. b6, b7C
7
Notes of delegation member
based on conversation with Lt. b6, b7C
8
b6
Notes of delegation member
, based on conversation with Officer b6, b7C and Lt.
9
b6
Notes of delegation member
, based on conversation with Officer b6, b7C
10
b6
Notes of delegation member
based on conversation with Lt. b6, b7C .
4

2

b6, b7C

b6, b7C

III. LEGAL ACCESS STANDARDS
A. Visitation
1. Visitation by Attorneys
The Standards require that facilities permit legal visitation seven days per week.11
Attorneys should have access to their clients eight hours per day during the week and four hours
per day during the weekend.12 The visits must be private, and should not be interrupted for head
counts.13 Facilities should establish a procedure by which attorneys may call to determine
whether a detainee is housed in a particular facility.14 Detention centers should permit visits
from attorneys, other legal representatives, legal assistants, and interpreters.15 Visitation hours
must be provided in the handbook, and posted where detainees can easily see them.16 If standard
operating procedures at the facility require strip searches after contact visits with a legal
representative, then the facility must provide an option for confidential non-contact visits with
legal representatives and a mechanism to exchange documents.17
PCCF meets this section of the Standards. Attorneys may visit the detainees seven
days per week, twenty-four hours per day, in designated legal visitation rooms.18 Legal visitation
is not impacted by a detainee’s classification.19 A meal is provided to the detainee in the
visitation room if a meeting should continue through a meal.20 Interpreters may accompany
attorneys and meet with detainees through non-contact visitation.21 The “Pike County
Correctional Facility Inmate Handbook” (the “PCCF Inmate Handbook”) only addresses regular
visitation and contains no information on legal visitation.22
Attorneys are required to present bar I.D. cards, but the facility will search an online
database for bar verification if a state does not issue bar cards or an attorney’s card is expired.23
There are approximately three attorney visitation rooms.24 Legal visits are contact (but can be
conducted non-contact at a detainee’s request), and detainees are subject to a pat down search

11

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.2.
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.2.
13
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.9.
14
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.6.
15
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.3.
16
Detention Operations Manual, Detainee Services Standard 17, Section III.B.
17
Detention Operations Manual, Detainee Services Standard 17, Section III.I.11.
18
Notes of delegation member
based on conversation with Lt.
19
Notes of delegation member
based on conversation with Lt.
b6, b7C
b6
20
Notes of delegation member
based on conversation with Lt.
21
Notes of delegation member
based on conversation with Lt.
22
The PCCF Inmate Handbook is not specific to immigration detainees and 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. See PCCF Inmate Handbook.
23
b6
Notes of delegation member
, based on conversation with Lt. b6, b7C .
24
b6
Observations of delegation member
12

3

after a contact legal visit.25 Attorneys may call Pike County to determine whether their client is
being housed at the facility.26
2. Visitation by Family and Friends
To maintain detainee morale and family relationships, the Standards encourage visits
from family and friends.27 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.28 This includes procedures for handling incoming money for detainees.29 The visiting
area is to be “appropriately furnished and arranged, and as comfortable and pleasant as
practicable.”30 Visiting hours shall be set on Saturdays, Sundays, and holidays, and the
Standards encourage facilities to accommodate visitors at other times when they are facing a
particular hardship.31 Visits should be at least thirty minutes long, and longer when possible.32
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.33 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.34
It is unclear whether PCCF meets this section of the Standards; the Handbook may
limit visits to fifteen minutes each. The visitation schedule is clearly posted at the entrance to
the facility.35 Visiting hours are five days per week, Monday through Wednesday, Saturday, and
Sunday.36 Visitation is allocated according to the detainee’s sex and classification.37 The PCCF
Inmate Handbook appears to cap regular visitation at fifteen minutes of visitation per visitor,
with two visitors maximum, although it is unclear whether one visitor would receive thirty
minutes. The provision states in full: “Half hour visits up to two (2) people (15 minutes for each,
no exceptions).”38 Although this provision indicates that there are no exceptions, the Handbook
also states that visits may be extended at the discretion of the visitation officer.39 The schedule
ensures that each general population detainee may receive visitors on Saturday and Sunday.40
All visits are non-contact.41 Money left by a visitor for a detainee will be placed in the detainee’s

25

Notes of delegation member
, based on conversation with Lt.
b6
Notes of delegation member
, based on conversation with Lt.
27
Detention Operations Manual, Detainee Services, Standard 17, Section I.
28
Detention Operations Manual, Detainee Services, Standard 17, Sections III.A & B.
29
Detention Operations Manual, Detainee Services, Standard 17, Section III.D.
30
Detention Operations Manual, Detainee Services, Standard 17, Section III.G.
31
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.1.
32
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.1.
33
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.2.
34
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.5.
35
b6
Observations of delegation member
36
Pike County Inmate Visiting Schedule; PCCF Inmate Handbook, p. 19.
37
Notes of delegation member
based on conversation with Lt.
b6
38
PCCF Inmate Handbook, p. 20.
39
PCCF Inmate Handbook, p. 20.
40
Pike County Inmate Visiting Schedule; PCCF Inmate Handbook, p. 19.
41
b6
Notes of delegation member
, based on conversation with Lt.
26

4

b6, b7C

b6, b7C

b6, b7C

.

inmate account.42 If a detainee has minor family in another facility, PCCF will request that the
detainee be transferred to a family facility.43
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.44 In order to meet this
requirement, facilities must provide at least one telephone for every twenty-five detainees.45 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.46
PCCF substantially meets this Standard; however, telephone access rules were not
properly posted in one male and one female housing unit. Each housing unit has its own set
of phones and the number was approximately one phone per ten to fifteen detainees.47 The
telephones are accessible from after cleanup and daily unit inspection until five minutes before
lockdown.48
Telephone usage rules and instructions regarding usage of the phones are contained in the
PCCF Inmate Handbook and posted next to the phones.49 The delegation tested five phones for
functionality—all of them had a dial tone.50 The phone numbers of local consulates are posted
by most phones or banks of phones that the delegation observed.51
The delegation observed one female unit where detainees are housed that did not have the
telephone access rules posted.52 Officer b6, b7C indicated that two new bulletin boards had been
hung for this purpose; however the unit guard, Officer b6, b7C did not seem aware of this.53 The
delegation was also steered away from a male unit housing detainees that apparently did not yet
have the rules properly posted; apparently the unit had only recently started housing immigration
detainees, and previously had housed general population inmates.54
2. Direct Calls and Free Calls
The Standards allow facilities to generally restrict calls to collect calls;55 however, the
facility must permit detainees to make direct calls to the local immigration court and the Board
42

Notes of delegation member
based on conversation with Lt.
b6
b6, b7C
Notes of delegation member
based on conversation with Lt.
44
Detention Operations Manual, Detainee Services, Standard 16, Sections I & III.A.
45
Detention Operations Manual, Detainee Services, Standard 16, Section III.C.
46
Detention Operations Manual, Detainee Services, Standard 16, Section III.B.
47
b6
Observations of delegation member
48
PCCF Inmate Handbook, p. 18.
49
Observations of delegation member
b6
50
Observations of delegation.
51
Observations of delegation member
b6
52
Observations of delegation.
53
b6
Notes o
tion member
based on conversation with and between Lt. b6, b7C and
Officer b6, b7C .
54
b6
Notes of delegation member
based on conversation between Lt. b6, b7C and Officer b6, b7C
55
Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
43

5

of Immigration Appeals, federal and local courts, consular officials, legal service providers,
government offices, and to family members in case of emergency.56 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.57 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.”58
PCCF meets this section of the Standards; detainees are apparently able to make calls
to legal service providers and to consulates at no charge. Detainees are issued a telephone ID
number (PIN) during intake processing that they are to use to make telephone calls through a
debit system.59 Detainees may dial 4 for special services including reaching Pro Bono legal
services and consulates.60 The delegation observed signage posted near some of the phones that
advised of the ability to place direct calls.61 The delegation did not attempt to make any free
telephone calls.
3. Telephone Access to Legal Representatives
The Standards provide that the facility shall not restrict the number of calls a detainee
places to his/her legal representatives, nor limit the duration of such calls by automatic cutoff,
unless necessary for security purposes or to maintain orderly and fair access to telephones.62 If
time limits are necessary, they shall be no shorter than twenty minutes.63 The Standards require
that the facility ensure privacy for detainees’ telephone calls regarding legal matters by providing
a reasonable number of telephones for detainees to make calls without being overheard by
facility staff or detainees, and that calls shall not be electronically monitored absent a court
order.64
PCCF does not fully meet this section of the Standards: there are no privacy
safeguards on the telephones. Lt. b6, b7C informed us that detainees may use the phone for
as long as they like so long as no other detainee is waiting; 65 however, both the PCCF Inmate
Handbook and postings in the housing units indicate that the telephone may be used for a
maximum of twenty minutes.66 There is a large sign posted that detainees may request that a
legal call not be monitored.67

56

Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
58
Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
59
b6
Notes of delegation member
based on conversation with Lt.
60
Observations of delegation member
b6
61
Observations of delegation member
62
Detention Operations Manual, Detainee Services, Standard 16, Section III.F.
63
Detention Operations Manual, Detainee Services, Standard 16, Section III.F.
64
Detention Operations Manual, Detainee Services, Standard 16, Section III.J.
65
b6
Notes of delegation member
based on conversation with Lt.
66
Observations of delegation member
b6
67
Observations of delegation member
57

6

b6, b7C

.

b6, b7C

.

Detainees are unable to make private telephone calls from the telephones where they
make outgoing calls because the telephones are all located in the public dayrooms with no
privacy safeguards.68 The telephones are out in the open, and there are no partitions.69
4. Incoming Calls and Messages
The Standards require that facilities take and deliver messages to detainees as promptly
as possible.70 If the facility receives an emergency telephone call for a detainee, the Standards
require that the facility obtain the caller’s name and number and permit the detainee to return the
emergency call as soon as possible.71
PCCF does not appear to fully meet this section of the Standards; according to the
PCCF Inmate Handbook, incoming family emergency calls and messages are handled on a
case-by-case basis by the Shift Commander, rather than always being delivered.72
However, messages from attorneys are taken and delivered to detainees.73
5. Telephone Privileges in Special Management Unit
The Standards provide that detainees in the Special Management Unit (“SMU”) for
disciplinary reasons shall be permitted to make direct and/or free calls, except under compelling
security conditions.74
PCCF appears to meet this section of the Standards. Detainees at PCCF placed in
Restricted Housing Units for disciplinary reasons have access to one telephone to call their
attorneys.75 We were unable to determine whether telephone privileges may otherwise be
restricted.
C. Access to Library and Legal Material
All facilities with detainees “shall permit detainees access to a law library, and provide
legal materials, facilities, equipment and document copying privileges, and the opportunity to
prepare legal documents.”76
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

68

b6
Observations of delegation member
The delegation is unaware whether special
accommodations for private legal telephone calls may be made upon request.
69
Observations of delegation member
.
b6
70
Detention Operations Manual, Detainee Services, Standard 16, Section III.I.
71
Detention Operations Manual, Detainee Services, Standard 16, Section III.I.
72
PCCF Inmate Handbook, p. 18.
73
PCCF Inmate Handbook, p. 18.
74
Detention Operations Manual, Detainee Services, Standard 16, Section III.G.
75
b6
Notes of delegation member
, based on conversation with Lt. b6, b7C
76
Detention Operations Manual, Detainee Services, Standard 1, Section I.

7

regular basis.77 Each detainee shall be permitted to use the law library for a minimum of five
hours per week.78
PCCF meets this section of the Standards. PCCF permits the general population
detainees to use the library at any time other than scheduled lockdown.79 The PCCF Inmate
Handbook specifies that inmates can attend the library as per the posted schedules in the housing
units, and may submit a written request to the Programs Department for extra library time.80
Although the PCCF Inmate Handbook states that “[i]nmates in disciplinary status are authorized
to receive legal information upon request, but cannot attend the law library,” the delegation was
informed that Restricted Housing Unit detainees are permitted to use the library at night.81
2. Library Conditions
The Standards require that a facility provide a law library with sufficient space to
facilitate detainees’ legal research and writing.82 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.”83
PCCF meets this section of the Standards. The law library at PCCF is well lit, has
ample space, and is well-isolated from noise and foot traffic.84 The library provides access to
seven computers and contains another desk and chairs in addition to those housing the
computers.85
3. Materials Identified in the Detention Standards
The Standards require that all facility law libraries contain the materials listed in
Attachment A to the chapter on Access to Legal Materials.86 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.87 Damaged or stolen materials
must be promptly replaced.88
PCCF meets this section of the Standards. PCCF did not provide the delegation with a
list of library holdings, but the computers with LexisNexis provide access to all of the legal

77

Detention Operations Manual, Detainee Services, Standard 1, Section III.G.
Detention Operations Manual, Detainee Services, Standard 1, Section III.G.
79
Notes of delegation member
, based on conversation with Lt. b6, b7C
b6
80
PCCF Inmate Handbook, p. 28.
81
b6
PCCF Inmate Handbook, p. 28: notes of delegation member
, based on conversation with Lt.
78

b6, b7C

82

Detention Operations Manual, Detainee Services, Standard 1, Section III.A.
Detention Operations Manual, Detainee Services, Standard 1, Section III.A.
84
b6
Observations of delegation member
85
b6
Observations of delegation members
and
b6
86
Detention Operations Manual, Detainee Services, Standard 1, Section III.C.
87
Detention Operations Manual, Detainee Services, Standard 1, Section III.E.
88
Detention Operations Manual, Detainee Services, Standard 1, Section III.F.
83

8

materials listed in Attachment A.89 LexisNexis automatically provides PCCF with updated legal
materials every three to four months.90
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.91 Staff must inspect at least weekly to ensure
equipment is in working order and to stock sufficient supplies.92 In addition, indigent detainees
must be provided free envelopes and stamps for legal mail.93
PCCF appears to meet this section of the Standards. PCCF law library contains seven
computers for use by the detainees, although one of them was not plugged in.94 In addition, there
is a computer located in every housing unit.95 PCCF staff did not mention having weekly
equipment inspections, but the library is staffed by an inmate who will report any problems to
the program staff.96 The delegation did not observe any writing implements or office supplies in
the law library, but the staff reported that detainees are provided with pens upon request.97
Indigent detainees are provided with unlimited envelopes and postage for legal correspondence.98
However, the PCCF Inmate Handbook states that indigent inmates are only eligible to receive
three stamped envelopes twice a month.99
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.100 Enough copies must be provided so that a detainee can
fulfill court procedural rules and retain a copy for his records.101
PCCF meets this section of the Standards. Detainees at PCCF may make unlimited
copies of legal documents.102
6. Assistance From Other Detainees

89

Observations of delegation member
b6
b6
Notes of delegation member
, based on conversation with Lt.
91
Detention Operations Manual, Detainee Services, Standard 1, Section III.B.
92
Detention Operations Manual, Detainee Services, Standard 1, Section III.B.
93
Detention Operations Manual, Detainee Services, Standard 1, Section III.N.
94
b6
Observations of delegation member
95
Notes of delegation member
based on conversation with Lt.
96
Notes of delegation member
based on conversation with Lt.
b6
97
Notes of delegation member
based on conversation with Lt.
98
Notes of delegation member
based on conversation with Lt.
99
PCCF Inmate Handbook, p. 42.
100
Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
101
Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
102
b6
Notes of delegation member
based on conversation with Lt.
90

9

b6, b7C

b6, b7C

b6, b7C

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.103
PCCF meets this section of the Standards. PCCF law library is staffed by an inmate
who can assist users of the library.104 If that inmate is unable to help with a specific problem, the
detainee can put in a request to the program staff.105 The detainees can also ask other detainees to
assist them in researching, preparing legal documents, and translation.106
7. Notice to Detainees
The Standards require that the detainee handbook provide detainees with the rules and
procedures governing access to legal materials.107
PCCF meets this section of the Standards. The PCCF Inmate Handbook specifies the
procedure for using the library, requesting additional time and photocopying of legal
materials.108
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.”109 In addition, detainees shall have regular opportunities to view an “INS-approved
videotaped presentation on legal rights.”110
PCCF appears to meet this section of the Standards. According to PCCF personnel,
there are no restrictions on group rights presentations.111 The facility has received few requests
from presenters, but has honored all requests received. 112 These presentations have been held in
the programs rooms.113
All inmates and detainees are shown the same video when they arrive at PCCF.114 The
video contains sections that pertain specifically to the detainees.115 We could not verify whether
any of the sections discuss legal rights.
103

Detention Operations Manual, Detainee Services, Standard 1, Section III.K.
Notes of delegation member
based on conversation with Lt.
105
b6
Notes of delegation member
based on conversation with Lt. b6, b7C
106
Notes of delegation member
based on conversation with Lt.
107
Detention Operations Manual, Detainee Services, Standard 1, Section III.Q.
108
PCCF Inmate Handbook, p. 28.
109
Detention Operations Manual, Detainee Services, Standard 9, Section I.
110
Detention Operations Manual, Detainee Services, Standard 9, Section III.I.
111
b6
Notes of delegation member
, based on conversation with Officer b6, b7C , Lt.
Lt. b6, b7C .
112
b6
Notes of delegation member
based on conversation with Officer b6, b7C , Lt.
Lt. b6, b7C .
113
b6
Notes of delegation member
based on conversation with Officer b6, b7C , Lt.
Lt. b6, b7C
114
Notes of delegation member
, based on conversation with Lt.
.
b6
b6, b7C
115
Notes of delegation member
, based on conversation with Lt.
.
104

10

b6, b7C

and

b6, b7C

and

b6, b7C

and

IV. OTHER PROVISIONS OF THE ICE DETENTION STANDARDS
A. Correspondence and Other Mail
The Standards require that detainees be allowed to send and receive correspondence in a
timely manner, subject to limitations required for safety, security, and orderly operation of the
facility.116 General correspondence shall normally be opened and inspected for contraband in the
presence of the detainee, but may be opened and even read outside the presence of the detainee if
security reasons exist for doing so.117 Special correspondence—which includes all written
communication to or from attorneys, legal representatives, judges, courts, government officials,
and the news media—is treated differently.118 Incoming special correspondence can be
inspected for contraband only in the presence of the detainee, but it can never be read or
copied.119 Outgoing special correspondence may not be opened, inspected, or read.120 The
Standards also require that facilities provide indigent detainees with free envelopes and stamps
for mail related to a legal matter, including correspondence to a legal representative, potential
representative, or any court; indigent detainees must be permitted to mail at least five pieces of
special correspondence and three pieces of general mail per week.121 Finally, the Standards
require that facilities notify detainees of specific information regarding correspondence
policies.122
PCCF appears to substantially meet this section of the Standards; however, the
Handbook states that PCCF limits the number of free stamped envelopes that indigent
inmates may request to six per month, and states that indigence is only determined after
thirty days. PCCF detainees are able to send and receive correspondence daily.123 PCCF staff
open general correspondence without the detainee being present; they remove the stamp for
security reasons.124 The detainees are notified if any contraband is removed from incoming
mail.125 Special correspondence is opened only in the presence of the detainee.126 While PCCF
staff stated that indigent detainees receive unlimited postage for legal correspondence, the PCCF
Inmate Handbook states that indigent inmates may only request three stamped envelopes twice a
month, without making any reference to legal correspondence.127 In addition, the Handbook
states that there is a thirty-day waiting period before inmates may qualify as indigent.128 If this
time period is required for detainees before they may receive free postage, the delay may
seriously compromise their legal cases and appeals.
116

Detention Operations Manual, Detainee Services, Standard 3, Section I.
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & E.
118
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B, E, & F.
119
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & E.
120
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & F.
121
Detention Operations Manual, Detainee Services, Standard 3, Section III.I, and Standard 1, Section III.N.
122
Detention Operations Manual, Detainee Services, Standard 3, Section III.B.
123
Notes of delegation member
based on conversation with Lt.
.
124
Notes of delegation member
based on conversation with Lt.
.
125
Notes of delegation member
based on conversation with Lt. b6, b7C .
b6
126
Notes of delegation member
based on conversation with Lt.
.
127
Notes of delegation member
based on conversation with Lt.
; PCCF Inmate Handbook
128
PCCF Inmate Handbook, p. 42.
117

11

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.129 Every detainee
should receive a copy of the handbook upon admission to the facility.130 The handbook will be
written in English and translated into Spanish and other prevalent languages as appropriate.131
The handbook must include visitation hours and rules.132 The handbook must notify detainees of
the facility correspondence policy.133 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.134 The handbook must provide notice of the facility’s rules of
conduct and the sanctions imposed.135 It must advise detainees of rights including the right to
protection from abuse, right to freedom from discrimination, and right to pursue a grievance.136
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.137 The Officer in Charge will
provide a copy of the handbook to every staff member who has contact with detainees.138
PCCF appears to substantially meet this section of the Standards. The policy on
indigent postage in the Handbook, which does not meet the Standards, is discussed in
Section IV.A above; and deficiencies regarding classification, grievance procedures, and
disciplinary policy are discussed in Sections IV.G through IV.I below. The facility
distributes the PCCF Inmate Handbook to all inmates and detainees, regardless of their
classification.139 The 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. The handbook is written in
English and translated into Spanish, but not into other languages.140 The most current edition is
the seventh revision, last modified in August 2005. Overall, the handbook is quite
comprehensive, covering in detail almost all of the items listed in the Standards, especially with
regard to the grievance processes and avenues for appeal. 141 However, some notable omissions
are sections on attorney visitation hours and pro bono legal organizations. The facility is in the
process of revising the inmate handbook to incorporate more detainee-specific information.142
Because we did not interview any detainees, we are unable to verify whether the handbook is
distributed to the detainees upon arrival at PCCF, and moreover cannot evaluate how useful and
accessible they find the material.
129

Detention Operations Manual, Detainee Services, Standard 6, Section I.
Detention Operations Manual, Detainee Services, Standard 6, Section I.
131
Detention Operations Manual, Detainee Services, Standard 6, Section III.E.
132
Detention Operations Manual, Detainee Services, Standard 17, Section III.B.
133
Detention Operations Manual, Detainee Services, Standard 3, Section III.B.
134
Detention Operations Manual, Detainee Services, Standard 5, Section III.G.
135
Detention Operations Manual, Security and Control, Standard 5, Section III.A.5.
136
Detention Operations Manual, Security and Control, Standard 5, Section III.A.5.
137
Detention Operations Manual, Detainee Services, Standard 15, Section III.B.3.
138
Detention Operations Manual, Detainee Services, Standard 6, Section III.H.
139
Notes of delegation member
, based on conversation with Lt.
b6, b7C
b6
140
Notes of delegation member
, based on conversation with Lt.
141
PCCF Inmate Handbook, pp. 31-34.
142
b6
Notes of delegation member
based on conversation with Warden b6, b7C
130

12

C. Recreation
The Standards require that all detainees have access to recreational programs and
activities, under conditions of security and safety.143 Detainees should be housed in facilities
with outdoor recreation.144 If a facility only provides indoor recreation, detainees must have
access for at least one hour per day, including exposure to natural light.145 Detainees should
have access to “fixed and movable equipment,” including opportunities for cardiovascular
exercise, and games and television in dayrooms.146 Under no circumstances will a facility require
detainees to forego law library privileges for recreation privileges.147
PCCF substantially meets this section of the Standards; however PCCF does not
appear to provide fixed exercise equipment for detainees’ use. All detainees that are housed
within the general prison population are permitted two hours of outdoor recreation, weather
permitting, seven days per week.148 Detainees housed within the Restricted Housing Unit or the
Maximum Security Housing Unit are entitled to one hour of outdoor recreation, five days per
week.149 Detainees are not required to sacrifice their recreation time in order to spend time in the
library.150
Outdoor recreation areas permit detainees to play sports such as handball and
basketball.151 PCCF also has several indoor recreation areas that can accommodate up to thirtyfive people at any time,152 and is equipped with basketball hoops, pull-up bars, and foosball
tables.153 A variety of board games are available in each housing unit for detainees to use during
most hours of the day.154 Approved television programming is also available in the housing
units.155 However, the detainees did not appear to have access to any stationary exercise
equipment.156
PCCF also offers over ninety recreation, rehabilitation, and vocation programs per week
to all inmates and apparently also to all detainees in the general population.157 Recreational
programs include crafts, choir, meditation and relaxation classes, and creative writing, among

143

Detention Operations Manual, Detainee Services, Standard 13, Section I.
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.”
145
Detention Operations Manual, Detainee Services, Standard 13, Section III.B.
146
Detention Operations Manual, Detainee Services, Standard 13, Section III.G.
147
Detention Operations Manual, Detainee Services, Standard 13, Section III.B.
148
Notes of delegation member
based on conversation with Lt.
and Lt.
b6, b7C
149
b6,
b7C
Notes of delegation member
based on conversation with Lt.
and Lt.
b6
150
Notes of delegation member
based on conversation with Lt.
151
b6
Observations of delegation member
152
Notes of delegation member
, based on conversation with Lt. b6, b7C
b6
153
Observations of delegation member
154
b6
Observations of delegation member
155
Observations of delegation member
notes of delegation member
, based on
b6
conversation with Lt. b6, b7C .
156
b6
Observations of delegation members
and
.
b6
157
b6
Pike County Recidivism Reduction Programs brochure; notes of delegation member
, based on
conversation with Lt. b6, b7C
144

13

others.158 Detainees can also enroll in a variety of other programs that help develop the
detainee’s personal life skills.159
D. Access to Medical Care
The Standards require that all detainees have access to medical services that promote
detainee health and general well-being.160 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.161 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.162
PCCF meets this section of the Standards. All detainees at PCCF are screened for
medical issues upon their arrival at the facility.163 The medical staff is extremely concerned
about identifying tuberculosis early, and ensures all detainees receive a tuberculosis screening.164
Sick call hours are provided seven days per week.165 The medical department is staffed with
nurses twenty-four hours per day, seven days per week, in order to respond to medical
emergencies.166 First aid kits are positioned in every area of the prison and are consistent with
the American Correctional Association requirements.167
Routine, non-emergency medical care is available to all detainees.168 To receive care,
detainees must first complete a medical request form.169 If a detainee has a medical concern that
cannot be addressed by the in-house medical facility, outside care is available if the treatment is
authorized by ICE.170 For example, pregnant detainees are sent to an outside facility for
maternal care, and a family facility is available to house detainees with children if the child
cannot be left in the custody of another family member.171
All detainees are provided medication, prescription or otherwise, as needed.172 Written
records are maintained for all medications given to detainees.173 PCCF also has mental health
providers, two psychologists to observe detainees’ mental health, and an extensive suicide

158

Pike County Recidivism Reduction Programs brochure; notes of delegation member
conversation with Lt. b6, b7C
159
Pike County Recidivism Reduction Programs brochure.
160
Detention Operations Manual, Health Services, Standard 2, Section I.
161
Detention Operations Manual, Health Services, Standard 2, Section III.F.
162
Detention Operations Manual, Health Services, Standard 2, Section III.J.
163
Notes of delegation member
based on conversation with Nurse
164
Notes of delegation member
based on conversation with Nurse
165
Notes of delegation member
based on conversation with Nurse b6, b7C
b6
166
Notes of delegation member
based on conversation with Nurse
167
Notes of delegation member
based on conversation with Nurse
168
PCCF Inmate Handbook, p. 24.
169
PCCF Inmate Handbook, p. 24.
170
Notes of delegation member
based on conversation with Nurse b6, b7C
b6
171
Notes of delegation member
based on conversation with Nurse b6, b7C
b6
172
Notes of delegation member
, based on conversation with Nurse
b6
b6, b7C
173
Notes of delegation member
, based on conversation with Nurse

14

b6

based on

prevention program.174 Finally, PCCF has procedures in place to identify and treat patients that
are HIV positive.175
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.176 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.177
PCCF meets this section of the Standards. Detainees are screened by the dental staff
during their initial processing.178 All detainees may request and receive routine dental treatment
at any time by completing a medical request form.179 Dental counseling is available to all
detainees and outside consultants are available for specialty dental consultation in unusual
cases.180
Detainees are not entitled to receive dental cleanings unless they have been in custody at
PCCF for at least one year.181 The ICE Detention Standards state that “routine dental treatment”
should be provided for detainees who have been detained for more than six months.182 The
Standards do not expressly state that dental cleanings are part of routine dental treatment, but do
state that routine dental treatment includes “other procedures required to maintain the detainee’s
health.”183 Accordingly, detainees should be provided access to dental cleanings after six
months of detention if dental cleanings are considered a procedure required to maintain the
detainee’s health.
F. Hunger Strikes
The Standards require that all facilities follow accepted standards of care in the medical
and administrative management of hunger-striking detainees.184 Facilities must do everything
within their means to monitor and protect the health and welfare of the hunger-striking detainee
and must make every effort to obtain the hunger striker’s informed consent for treatment.185
PCCF meets this section of the Standards. The medical staff will consider any
detainee that refuses food for seventy-two hours (i.e., nine consecutive meals) to be on a hunger

174

Notes of delegation member
, based on conversation with Lt. b6, b7C .
b6
Notes of delegation member
, based on conversation with Nurse b6, b7C PCCF Inmate
Handbook, p. 26.
176
Detention Operations Manual, Health Services, Standard 2, Section III.E.
177
Detention Operations Manual, Health Services, Standard 2, Section III.E.
178
b6
Notes of delegation member
, based on conversation with Nurse b6, b7C .
179
PCCF Inmate Handbook, p. 25
180
PCCF Inmate Handbook, p. 25.
181
Notes of delegation member
based on conversation with Nurse b6, b7C
b6
182
Detention Operations Manual, Health Services, Standard 2, Section III.E.
183
Detention Operations Manual, Health Services, Standard 2, Section III.E.
184
Detention Operations Manual, Health Services, Standard 1, Section I.
185
Detention Operations Manual, Health Services, Standard 1, Section I.
175

15

strike.186 Once an inmate is determined to be on a hunger strike, the detainee is segregated from
the rest of the general population so that the medical staff can assesses the mental state of the
patient and regularly monitor the patient, including his or her food intake, liquid intake, weight,
vital signs, etc.187 Scheduled meals continue to be provided to any detainee on a hunger strike.188
G. Detainee Classification System
The Standards require that detention facilities use a classification system and physically
separate detainees into different categories.189 Detainees must be assigned to the least restrictive
housing unit consistent with facility safety and security.190 A detainee’s classification is to be
determined on “objective” criteria, including criminal offenses, escape attempts, institutional
disciplinary history, violent incidents, etc.191 Classification is required in order to separate
detainees with no or minimal criminal records from inmates with serious criminal records.192
Detainees with a history of assaultive or combative behavior are not to be housed with nonassaultive detainees.193
All facility classification systems shall allow classification levels to be re-determined and
include procedures by which new arrivals can appeal their classification levels.194 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.195
PCCF substantially meets this section of the Standards; however, the PCCF Inmate
Handbook does not explain the classification levels, or the conditions and restrictions
associated with each. All detainees and inmates are classified within fourteen to thirty days of
arriving at the facility.196 Classification is an “objective means of identifying and categorizing
[the detainee’s] various traits, behavioral characteristics, and potential risks.”197 However, the
PCCF Inmate Handbook does not explain the classification levels or the conditions and
restrictions associated with each. The PCCF Inmate Handbook states that an inmate may appeal
a classification within five days.198 The delegation was informed that the detainees’
classifications may be re-evaluated once a week.199

186

Notes of delegation member
based on conversation with Nurse
b6
Notes of delegation member
based on conversation with Nurse b6, b7C
188
Notes of delegation member
based on conversation with Nurse
189
Detention Operations Manual, Detainee Services, Standard 4, Section I.
190
Detention Operations Manual, Detainee Services, Standard 4, Section III.F.
191
Detention Operations Manual, Detainee Services, Standard 4, Section III.D.
192
Detention Operations Manual, Detainee Services, Standard 4, Sections III.A & E.
193
Detention Operations Manual, Detainee Services, Standard 4, Section III.F.
194
Detention Operations Manual, Detainee Services, Standard 4, Sections III.G & H.
195
Detention Operations Manual, Detainee Services, Standard 4, Section III.I.
196
b6
Notes of delegation member
based on conversation with Lt. b6, b7C
197
PCCF Inmate Handbook, p. 13.
198
PCCF Inmate Handbook, p. 14.
199
b6
Notes of delegation member
based on conversation with Lt. b6, b7C .
187

16

According to PCCF staff, detainees are classified based on their behavior in the prison,
although criminal records are also taken into account.200 The detainees are classified as either
Restrictive Housing Unit or General Population.201 The classifications represent the amount of
freedom the detainee is given in the facility and the different housing units where the detainees
are placed.202 Restricted Housing Unit inmates wear orange jumpsuits and must be accompanied
by a PCCF staff member, while General Population, in blue jumpsuits, may move about the
facility on their own.203
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.204 Translating assistance for
both formal and informal grievances must be provided upon request.205 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.”206 All grievances must receive supervisory review, include guarantees
against reprisal, and allow for appeals.207 The detainee handbook must provide notice of the
opportunity to file informal and formal grievances, the procedures for filing a grievance and
appeal, the right to have the grievance referred to higher levels if the detainee is not satisfied, and
the policy prohibiting staff from harassing, disciplining, punishing, or otherwise retaliating
against any detainee for filing a grievance.208
PCCF substantially meets this section of the Standards, but the Handbook requires
informal process before a formal grievance may be filed, and concerns remain about the
practical applicability of the grievance procedures to detainees. The PCCF Inmate
Handbook contains procedures for resolving informal grievances and formal/written
grievances.209 It also discusses the avenues for appeal and details the formation of Grievance
Committees to resolve ongoing problems.210 However, the PCCF Inmate Handbook does not
contain a section on Emergency Grievances. Moreover, Lt. b6, b7C indicated he was unable to
think of even a hypothetical situation requiring an emergency grievance which could not be
resolved informally at the guard level.211

200

Notes of delegation member
based on conversation with Lt.
Notes of delegation member
based on conversation with Lt.
b6
b6, b7C
202
Notes of delegation member
based on conversation with Lt.
203
Notes of delegation member
based on conversation with Lt.
204
Detention Operations Manual, Detainee Services, Standard 5, Sections I & III.A.
205
Detention Operations Manual, Detainee Services, Standard 5, Sections III.A.1 & 2.
206
Detention Operations Manual, Detainee Services, Standard 5, Section I.
207
Detention Operations Manual, Detainee Services, Standard 5, Sections I & III.C & D.
208
Detention Operations Manual, Detainee Services, Standard 5, Section III.G.
209
PCCF Inmate Handbook, p. 32.
210
PCCF Inmate Handbook, p. 33.
211
b6
Notes of delegation member
based on conversation with Lt. b6, b7C
201

17

.
.
.
.

Lt. b6, b7C went to great lengths to stress that virtually all grievances raised could be
resolved immediately and informally by the detainee’s direct supervisors.212 The PCCF Inmate
Handbook’s grievance section, Section 31(c), emphasizes in bold print that “an inmate must first
attempt informal resolution before filing a formal grievance.”213 Although the PCCF Inmate
Handbook also contains substantial material regarding the formal grievance procedures and
appeal processes,214 conversations with facility staff raised some concerns regarding the
availability of these formal procedures. In emphasizing that the overwhelming majority of
grievances were resolved in the informal manner, Lt. b6, b7C could not recall any grievance
that proceeded beyond informal resolution and required a formal written grievance.215 He
indicated he would need to consult the grievance logbook in order to do so.216 As no detainees
were interviewed during our visit, the statements made by Lt. b6, b7C raise some serious
concerns as to whether the option for a written grievance which exists formally in the PCCF
Inmate Handbook is in fact available to detainees in practice.
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.”217 Each facility holding ICE detainees must
have a detainee disciplinary system which has “progressive levels of reviews, appeals,
procedures, and documentation procedures.”218 The disciplinary policy must clearly define
detainee rights and responsibilities, and any disciplinary action taken must not be capricious or
retaliatory.219
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.”220 Officers who witness a prohibited act must prepare and submit an incident
report.221
The Detainee Handbook must notify detainees of the disciplinary process, the prohibited
acts and disciplinary severity scale, and the procedure for appeals.222 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.223

212

b6
Notes of delegation member
based on conversation with Lt. b6, b7C
PCCF Inmate Handbook, p. 32.
214
PCCF Inmate Handbook, pp. 31-34.
215
Notes of delegation member
based on conversation with Lt.
b6
b6, b7C
216
Notes of delegation member
based on conversation with Lt.
217
Detention Operations Manual, Security and Control, Standard 5, Section I.
218
Detention Operations Manual, Security and Control, Standard 5, Section III.A.1.
219
Detention Operations Manual, Security and Control, Standard 5, Sections III.A.1 & 2.
220
Detention Operations Manual, Security and Control, Standard 5, Section III.A.3.
221
Detention Operations Manual, Security and Control, Standard 5, Section III.B.
222
Detention Operations Manual, Security and Control, Standard 5, Section III.L.
223
Detention Operations Manual, Security and Control, Standard 5, Section III.A.5.

213

18

PCCF substantially meets this section of the Standards, but the PCCF Inmate
Handbook does not fully advise detainees of their right to protection from discrimination.
When a rules violation comes to the attention of a staff member, the staff may choose to counsel
or verbally reprimand the detainee or initiate a written report.224 For minor violations, such as
failure to follow cleaning procedures, possession of excess issue, or failure to wear proper attire,
the resulting punishment will likely be a verbal or written reprimand, the loss of privileges,
and/or up to twenty-four hours confinement in the detainee’s cell.225 For mid-level violations,
such as possession of contraband, use of abusive language or insolent behavior toward a staff
member, the resulting punishment will likely be “up to 7 days in the Restricted Housing Unit for
each offense, and/or the loss of privileges, as determined by the Disciplinary Board.”226 For
major violations, such as assault of any person, possession of illegal narcotics or theft,227 the
resulting punishment will likely be “up to 14 days in the Restricted Housing Unit for each
offense, and/or the loss of privileges, as determined by the Disciplinary Board.”228 Placement in
the Restricted Housing Unit is limited to not more than fourteen days for a single sanction or
sixty days for aggregate violations arising out of the same incident.229
Lt. b6, b7C and the PCCF Inmate Handbook outlined the due process procedures for
disciplinary sanctions. If the staff member chooses to write a written report regarding a rules
violation, the report is forwarded to the Shift Commander and a copy is provided to the
detainee.230 An investigation is conducted into each formally reported incident.231 If the Shift
Commander has a reasonable belief that an infraction has occurred and that a formal disciplinary
action is warranted, a hearing is scheduled within five business days. 232 The detainee will be
notified not less than twenty-four hours before the hearing, but may waive the notice and request
an immediate hearing instead.233 The detainee may also request a special representative from
among the staff to represent his interests before the Disciplinary Board.234 The hearing is
conducted as soon as practicable, and within five business days after finalization of the
investigation.235 The Disciplinary Board may not include any staff member involved in the
alleged violations or charges. 236 The detainee will have the opportunity “to be present, make a
statement, present documentary evidence, and call witnesses in his or her behalf” when deemed
reasonable by the Disciplinary Board.237 The detainee will be notified by the Disciplinary Board
224

PCCF Inmate Handbook, p.10.
PCCF Inmate Handbook, p. 9.
226
PCCF Inmate Handbook, p. 8.
227
PCCF Inmate Handbook, pp. 6-8.
228
PCCF Inmate Handbook, p. 6.
229
PCCF Inmate Handbook, p. 11.
230
mate Handbook, p. 10; notes of delegation member
225

b6

based on conversation with Lt.

b6

, based on conversation with Lt.

b6

, based on conversation with Lt.

b6, b7C

231
232

PCCF Inmate Handbook, p. 10.
PCCF Inmate Handbook, p. 10; notes of delegation member
b6, b7C

233

PCCF Inmate Handbook, p. 10; notes of delegation member
b6, b7C

234

Notes of delegation member
PCCF Inmate Handbook, p. 10.
236
PCCF Inmate Handbook, p. 10.
237
PCCF Inmate Handbook, p. 11

b6

based on conversation with Lt.

235

19

b6, b7C

of the right to appeal when the sanction is announced.238 The detainee may appeal the
Disciplinary Board’s decision to the Warden within five business days.239 The Warden must
make a decision regarding the appeal within ten business days and provide a written copy of the
decision to the detainee.240 The Warden also reviews all disciplinary sanctions, regardless of
whether an appeal is taken.241
The PCCF Inmate Handbook does notify the detainees of the disciplinary process, the
prohibited acts and disciplinary severity scale, and the appeal procedure of disciplinary
findings.242 In addition, the PCCF Inmate Handbook notifies detainees of the facility’s rules of
conduct and the sanctions imposed for the violation of these rules.243 The PCCF Inmate
Handbook advises the detainees that they may expect to have “protection from abuse, corporal
punishment, personal injury, disease, property damage and harassment,” and freedom of
religious choice.244 However, the PCCF Inmate Handbook does not advise detainees of their
right of freedom from discrimination based on race, national origin, sex, handicap, or political
beliefs.245
J. Special Management Unit
The Standards require that each facility establish a Special Management Unit (“SMU”)
that will isolate certain detainees from the general population.246 The Standards for
Administrative and Disciplinary Segregation differ somewhat from one another, but both provide
for legal access and other protections. A detainee may be placed in disciplinary segregation only
by order of the Institutional Disciplinary Committee, after a hearing in which the detainee has
been found to have committed a prohibited act.247 The disciplinary committee may order
placement in disciplinary segregation only when alternative dispositions would inadequately
regulate the detainee’s behavior.248
All cells in the SMU must be well ventilated, appropriately heated, and sanitary, and
must be equipped with beds.249 Segregated detainees shall have the opportunity to maintain a
normal level of personal hygiene.250 Recreation shall be provided to detainees in segregation in
accordance with the “Recreation” standard.251 Access to the law library shall generally be

238

PCCF Inmate Handbook, p. 12.
PCCF Inmate Handbook, p. 11.
240
PCCF Inmate Handbook, p. 11.
241
PCCF Inmate Handbook, p. 11.
242
PCCF Inmate Handbook, pp. 6-12.
243
PCCF Inmate Handbook, pp. 2-6.
244
PCCF Inmate Handbook, pp. 16-17.
245
Detention Operations Manual, Security and Control, Standard 5, Sections III.A.5.a & b; PCCF Inmate Handbook.
246
Detention Operations Manual, Security and Control, Standard 14, Section I.
247
Detention Operations Manual, Security and Control, Standard 14, Section III.A.
248
Detention Operations Manual, Security and Control, Standard 14, Section III.A.
249
Detention Operations Manual, Security and Control, Standard 13, Section III.D.2, and Standard 14, Section
III.D.6.
250
Detention Operations Manual, Security and Control, Standard 14, Section III.D.11.
251
Detention Operations Manual, Security and Control, Standard 13, Section III.D.8, and Standard 14, Section
III.D.13.
239

20

granted to detainees in segregation.252 Detainees generally retain visiting privileges while in
disciplinary segregation, and may not be denied legal visitation.253
Detainees in administrative segregation generally have the same telephone privileges as
other detainees,254 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.255 Detainees in segregation shall have the
same correspondence privileges as detainees in the general population.256
PCCF appears to meet this section of the Standards. Detainees held in segregation at
PCCF are held in Restricted Housing Units (RHUs).257 A detainees may be placed in the RHUs
for disciplinary segregation at the discretion of the staff for the purpose of maintaining control
and safety for both staff and inmates.258 A detainee may also be placed in the RHUs for
protective custody reasons upon request by the detainee or if recommended by a staff member
through the Shift Commander.259 The classification of all inmates, including detainees held in
segregation, is reviewed weekly.260 Detainees held in segregation are provided with beds,
sanitary facilities and meals on a regular schedule.261 They are allowed one hour of recreation
time per day, five days each week.262 They also have access to showers seven days per week and
are required to shower at least once every three days.263 Detainees in the RHUs may receive
visitors during designated hours unless the privilege of visitation has been restricted as part of
their sanctions.264 While the PCCF Inmate Handbook specifies that detainees “in disciplinary
status are authorized to receive legal information upon request, but cannot attend the law
library,”265 we were informed that such detainees are allowed to visit the law library at night
when it is not in use by the general population.266
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 and ICE staff and ICE detainees and to permit detainees to
252

Detention Operations Manual, Security and Control, Standard 13, Section III.D.18, and Standard 14, Section
III.D.15.e.
253
Detention Operations Manual, Security and Control, Standard 13, Sections III.D.13 & 14, and Standard 14,
Section III.D.17.
254
Detention Operations Manual, Security and Control, Standard 13, Section III.D.16.
255
Detention Operations Manual, Security and Control, Standard 14, Section III.D.19.
256
Detention Operations Manual, Security and Control, Standard 13, Section III.D.20, and Standard 14, Section
III.D.18.
257
b6
Notes of delegation member
based on conversation with Lt. b6, b7C
258
PCCF Inmate Handbook, p. 16.
259
PCCF Inmate Handbook, p. 16; notes of delegation member
based on conversation with Lt.
b6
s.
260
Notes of delegation member
based on conversation with Lt.
261
Notes of delegation member
based on conversation with Lt.
b6
b6, b7C
262
Notes of delegation member
based on conversation with Lt.
263
Notes of delegation member
based on conversation with Lt.
264
PCCF Inmate Handbook, pp. 19-20.
265
PCCF Inmate Handbook, pp. 28.
266
b6
Notes of delegation member
, based on conversation with Lt. b6, b7C

21

make written requests to ICE staff and receive an answer in an acceptable time frame.”267 The
Standards suggest 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.268 Unannounced visits to the facility’s housing areas must be
conducted on a regular basis.269 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.270 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.”271 All facilities that house ICE detainees must have “written procedures to route detainee
requests to the appropriate ICE official” and must assist detainees “who are disabled, illiterate, or
know little or no English.”272 Moreover, the Standards suggest that detainee requests be
forwarded to the appropriate ICE office within 72 hours and “answered as soon as possible or
practicable, but not later than 72 hours from receiving the request.”273
PCCF appears to substantially meet this section of the Standards; however, the ICE
staff apparently only check for written communication once per week, rather than every
seventy-two hours. In addition, the effectiveness of the communication could not be confirmed
b6, b7C
through actual interviews with detainees.
is an ICE Supervisory Detention and
Deportation Officer working in a detached building on the same property as PCCF.274 He
appears to work closely with the facility and is frequently present in the building.275 Detainees
may communicate confidentially with ICE staff by leaving notes in grey drop-boxes that are
located in each housing unit; however, the boxes are only checked once a week by ICE staff.276
This communication is kept separate from prison communication and is not open to regular
inmates.277 This communication is described more fully in the Rules and Regulations section of
the PCCF Inmate Handbook Section 1(e)(17).278
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.279
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
267

Detention Operations Manual, Detainee Services, Standard 15, Section I.
Detention Operations Manual, Detainee Services, Standard 15, Section III.A.
269
Detention Operations Manual, Detainee Services, Standard 15, Section III.A.1.
270
Detention Operations Manual, Detainee Services, Standard 15, Section III.A.
271
Detention Operations Manual, Detainee Services, Standard 15, Section III.B.
272
Detention Operations Manual, Detainee Services, Standard 15, Section III.B.
273
Detention Operations Manual, Detainee Services, Standard 15, Section III.B.1.
274
Notes of delegation member
based on conversation with Officer
275
Notes of delegation member
based on conversation with Officer b6, b7C
b6
276
Notes of delegation member
based on conversation with Officer
277
Notes of delegation member
based on conversation with Lt. b6, b7C
278
PCCF Inmate Handbook, p. 6.
279
Detention Operations Manual, Detainee Services, Standard 14, Section I.
268

22

by concerns about safety, security, the orderly operation of the facility, or extraordinary costs
associated with a specific practice.”280 Moreover, a facility’s staff shall make “all reasonable
efforts to accommodate” special food services required by a detainee’s particular religion.281
Detainees in confinement must also be permitted to participate in religious practices, consistent
with the safety, security, and orderly operation of the facility.282
PCCF appears to meet this section of the Standards. All detainees are allowed to
engage in religious services and that space in the facility is provided for these purposes.283 The
detainees are given the option to participate in holy day religious services and they are allowed to
keep religious items in their immediate possessions.284 A dietician in the facility that makes sure
the detainees are provided with special meals, consistent with dietary restrictions.285 Although
the facility requires detainees to shower every three days, they honor the non-shower
requirements of certain religions and they also honor the fasting requirements.286 Detainees do
not usually conduct their own services as they have clergy members and volunteers assisting
with the services, and detainees are prohibited from forcing their religious beliefs upon other
detainees.287 If a detainee wants to convert to a religion, there is a chaplain who will confirm
that the detainee is not lying or being coerced into conversion.288
M. 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.”289 Participation must be
voluntary.290
PCCF meets this section of the Standards. PCCF provides a voluntary work program
where detainees may volunteer to work if they are mentally and physically able.291 The medical
staff conducts physical and mental evaluations of the detainees to clear the detainees for work.292
The facility maintains a written chart with work assignments and the corresponding classification
levels as well as written procedures for detainees to follow when performing their respective
b6, b7C
assignments.293
who is in charge of the kitchen staff, explained that the detainees
work according to shifts and one shift is usually five to six hours per day.294 The detainees
receive remuneration for their work in the form of a $1/day stipend that is saved in each
detainee’s account, which may be used to purchase miscellaneous items, such as postal
280

Detention Operations Manual, Detainee Services, Standard 14, Section I.
Detention Operations Manual, Detainee Services, Standard 14, Section III.M.
282
Detention Operations Manual, Detainee Services, Standard 14, Section III.O.
283
Notes of delegation member
based on conversation with Lt.
284
Notes of delegation member
based on conversation with Lt.
285
Notes of delegation member
based on conversation with Lt.
b6
b6, b7C
286
Notes of delegation member
based on conversation with Lt.
287
Notes of delegation member
based on conversation with Lt.
288
Notes of delegation member
based on conversation with Lt.
289
Detention Operations Manual, Detainee Services, Standard 37, Sections I & III.A.
290
Detention Operations Manual, Detainee Services, Standard 37, Sections III.A & H.
291
Notes of delegation member
based on conversation with Lt.
.
b6, b7C
292
Notes of delegation member
based on conversation with Lt.
.
b6
293
Notes of delegation member
based on conversation with
b6, b7C
294
Notes of delegation member
based on conversation with
281

23

stamps.295 While at the facility, we witnessed detainees working in the kitchen area and the
library, and cleaning the hallways.296 It appeared that these detainees were working voluntarily
and were well informed of their responsibilities.297
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.298 The Standards require ICE to notify a detainee’s legal representative of record
that the detainee is being transferred.299 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.300 Records
including the detainee’s Alien File (“A-file”) and health records (or transfer summary for
IGSAs) must accompany the detainee.301 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.302 A detainee’s legal
materials, cash, and small valuables shall always accompany the detainee to the receiving
facility; larger items may be shipped.303
PCCF appears to substantially meet this section of the Standards; however, PCCF
does not appear to have an official policy allowing indigent detainees to make a free
domestic call when they are transferred to PCCF.304 According the Standards, all indigent
detainees should be provided at least one single domestic phone call at government expense so
they can alert someone that they have been transferred to a new facility.305 It was unclear from
Lt. b6, b7C
response whether a relevant policy exists.306 At first, he said it is difficult to
det
ether a detainee is indigent when a new detainee arrives at the facility.307 However,
he then implied that in exceptional circumstances, the facility may provide a detainee one phone
call at government expense if the detainee has not told anyone he or she has been transferred to
the facility.308 Thus, it appears that while PCCF may be willing to provide a free phone call to
indigent detainees, there may not be adequate procedures to guarantee this right by making the
decision of whether a detainee is indigent upon arrival and should be provided a free phone call.
All other procedures established by PCCF regarding detainee transfers meet the
Standards. If a detainee has an attorney, the ICE representative notifies the attorney when the
295

b6
Notes of delegation member
, based on conversation with
b6, b7C
Observations of delegation.
297
b6
Observations of delegation member
.
298
Detention Operations Manual, Security and Control, Standard 4, Section I.
299
Detention Operations Manual, Security and Control, Standard 4, Section III.A.
300
Detention Operations Manual, Security and Control, Standard 4, Sections III.G.
301
Detention Operations Manual, Security and Control, Standard 4, Sections III.D.1 & 6.
302
Detention Operations Manual, Security and Control, Standard 4, Section III.D.D [sic].
303
Detention Operations Manual, Security and Control, Standard 4, Sections III.E.
304
Notes of delegation member
, based on conversation with Lt. b6, b7C .
b6
305
Detention Operations Manual, Security and Control, Standard 4, Section III.G.
306
Notes of delegation member
, based on conversation with Lt.
307
b6
Notes of delegation member
, based on conversation with Lt. b6, b7C
308
Notes of delegation member
, based on conversation with Lt.

296

24

detainee is being transferred.309 Transfer summary sheets are prepared for each detainee being
transferred from PCCF, and this sheet includes information about the detainee’s medical
history.310 Required medications are transferred with detainees as necessary.311
Personal property is also transferred with detainees pursuant to the Standards.312 Small
valuables and legal materials accompany the detainee during transport.313 Large possessions are
shipped from PCCF to an address of the detainee’s choosing.314 If a detainee cannot afford to
ship the large possessions, the possessions will be stored on site at PCCF so long as the number
of possessions “is not excessive.”315
V.

CONCLUSION

The PCCF Detention Facility substantially meets the requirements of many of the ICE
Detention Standards but fails to fully meet a number of sections.
To provide adequate telephone access to detainees, PCCF should ensure that telephone
access rules are posted in the units where detainees are housed. PCCF should also take steps to
ensure that detainees may make private legal calls. PCCF should also make it a policy to notify
detainees of family emergency phone calls or messages.
To support the needs of indigent detainees, PCCF should not wait thirty days before
determining that a detainee qualifies as indigent (if PCCF follows the policy described in the
Handbook). PCCF should clarify the policy that allows indigent detainees one free, domestic
phone call upon arrival at PCCF so that indigent detainees may notify someone that they have
been transferred as soon as possible.
To provide a range of recreational activities to detainees, PCCF should provide stationary
exercise equipment for the detainees’ use.
To inform detainees of their rights and responsibilities, the PCCF Inmate Handbook
should be revised. The Handbook should correct the information regarding postage allowance
for indigent detainees. It should explain the levels of the detainee classification system and the
conditions and restrictions associated with each. It should also notify detainees of their right to
protection from discrimination. PCCF should also make sure that the formal grievance
procedure is accessible to detainees.
Finally, ICE should review written requests within seventy-two hours rather than once
per week.

309

Notes of delegation member
Notes of delegation member
311
Notes of delegation member
312
Notes of delegation member
313
Notes of delegation member
314
Notes of delegation member
315
Notes of delegation member
310

b6

, based on conversation with Officer b6, b7C
, based on conversation with Nurse b6, b7C .
, based on conversation with Lt.
, based on conversation with Lt.
, based on conversation with Lt. b6, b7C
, based on conversation with Lt.
, based on conversation with Lt.

25

and

b6

b6

,

b6

,

b6

b6

b6

Facility Name: PIKE COUNTY CORRECTIONAL FACILITY, Pike County, Pennsylvania
Date of Tour: July 31, 2007
Tour Participants: Latham & Watkins LLP attorneys and summer associates
,
b6

The delegation was unable to meet with detainees; the information contained in the report was obtained without detainee comments and observations.
*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.

1.

2.

4.

Delegation Report

Source

Standard 16, Telephone Access
ƒ 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.
Standard 16, Telephone Access
ƒ III.J. The facility shall ensure privacy for detainees’
telephone calls regarding legal matters. For this
purpose, the facility shall provide a reasonable number
of telephones on which detainees can make such calls
without being overheard by officers, other staff or
other detainees.
Standard 1, Access to Legal Material
ƒ III.N. The facility will provide indigent detainees with
free envelopes and stamps for mail related to a legal
matter….
Standard 3, Correspondence and Other Mail
ƒ III.I. Postage Allowance. Indigent detainees will be
permitted to mail a reasonable amount of mail each
week, including at least five pieces of special
correspondence and three pieces of general
correspondence.

ƒ

According to the Handbook, incoming family
emergency calls and messages are handled on a
case-by-case basis by the Shift Commander,
rather than always being delivered. (p.7 ¶3)

PCCF Inmate
Handbook

ƒ

Detainees are unable to make private telephone
calls from the telephones where they make
outgoing calls because the telephones are all
located in the public dayrooms with no privacy
safeguards. (p.7 ¶1)

Delegation
observations

ƒ

Lt.
PCCF Inmate
Handbook

Standard 13, Recreation
ƒ III.G. Exercise areas will offer a variety of fixed and
movable equipment.

ƒ

While PCCF staff stated that indigent detainees
receive unlimited postage for legal
correspondence, the PCCF Inmate Handbook
states that indigent inmates may only request
three stamped envelopes twice a month. (p.11
¶2)
The Handbook requires a thirty-day waiting
period before inmates may qualify as indigent. If
this time period is required for detainees before
they may receive free postage, the delay may
seriously compromise their legal cases and
appeals. (p.11 ¶2)
The detainees did not appear to have access to any
stationary exercise equipment. (p.13 ¶3)

ƒ

ABA Commission on Immigration - Detention Standards Implementation Initiative

ICE Response

b6, b7C

3.

ICE Standard*

PCCF Inmate
Handbook

Delegation
observations

4/24/2008

1

5.

6.

The PCCF Inmate Handbook does not explain the
classification levels or the conditions and
restrictions associated with each. (p.16 ¶4)

PCCF Inmate
Handbook

ƒ

PCCF Inmate
Handbook; Lt.

Security and Control Standard 5, Disciplinary Policy
ƒ III.L. The detainee handbook … shall notify detainees of
the following: … 5.b. The right of freedom from
discrimination based on race, religion, national origin,
sex, handicap, or political beliefs.
Standard 15, Staff-Detainee Communication.
ƒ 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.
ƒ III.B.1.b. The detainee requests shall be forwarded to the
ICE office of jurisdiction within 72 hours and answered as
soon as possible and practicable, but not later than within
72 hours after receiving the request.

ƒ

The PCCF Inmate Handbook’s grievance section
emphasizes in bold print that “an inmate must first
attempt informal resoluti
ling a formal
grievance.” (p.17 ¶3) Lt.
stated that the
overwhelming majority of grievances were resolved
in the informal manner, and could not recall any
grievance that proceeded beyond informal
resolution and required a formal written grievance.
Since the delegation did not meet with detainees, it
is not clear that the formal grievance procedure is in
fact available. (p.18 ¶1)
The PCCF Inmate Handbook does not advise
detainees of their right of freedom from
discrimination based on race, national origin, sex,
handicap, or political beliefs. (p.20 ¶2)
Detainees communicate with ICE staff by leaving
notes in drop-boxes that are located in each housing
unit; however, the boxes are only checked once a
week by ICE staff. (p.22 ¶2)

Officer

ABA Commission on Immigration - Detention Standards Implementation Initiative

PCCF Inmate
Handbook

b6, b7C

ƒ

b6, b7C

8.

ƒ

b6, b7C

7.

Standard 4, Detainee Classification System
ƒ III.I. The detainee handbook’s section on classification
will include the following: 1. An explanation of the
classification levels with the conditions and restrictions
applicable to each. 2. The procedures by which a detainee
may appeal his/her classification.
Standard 5, Detainee Grievance Procedures
ƒ III.A.1. Informal/Oral Grievance. … The detainee is free
to bypass or terminate the informal grievance process, and
proceed directly to the formal grievance stage.
ƒ III.G. Detainee Handbook. … The grievance section of the
detainee handbook will provide notice of the following:
1. The opportunity to file a grievance, both informal and
formal.

4/24/2008

2

ƒ

While PCCF may be willing to provide a free phone
call to indigent detainees, there may not be adequate
procedures to guarantee this right by making the
decision of whether a detainee is indigent upon
arrival and should be provided a free phone call. Lt.
said it is difficult to determine whether a
detainee is indigent when he or she arrives at the
facility. However, he added that in exceptional
circumstances, the facility may provide a detainee
one phone call at government expense if the
detainee has not told anyone he or she has been
transferred to the facility. (p.24 ¶3)

Lt.

b6, b7C

Security and Control Standard 4, Detainee Transfers
ƒ III.G. Indigent detainees being transferred will be
authorized a single domestic phone call at the
Government’s expense upon arrival at their final
destination. … Non-indigent detainees shall have access
to make calls at their own expense pursuant to the
Telephone Access Detention Standard.

b6, b7C

9.

ABA Commission on Immigration - Detention Standards Implementation Initiative

4/24/2008

3