Holland + Knight

Tel 850 224 7000
Fax 850 224 8832

Holland & Knight LLP
315 South Calhoun Street
Suite 600
P.O. Drawer 810 (ZIP 323020810)
Tallahassee, FL 32301
Team Delegation
850 224 7000

October 23, 2006
To:
From:
Copies to:
Subject:

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

This memorandum summarizes and evaluates information gathered at the Wakulla
County Detention Facility (“the Jail” or “the facility”) in Crawfordville, Florida, during the
delegation’s September 26, 2006 visit to the facility. The information was gathered via
observation of the facility by the delegation, interviews with three detainees, and discussions
with Wakulla County Jail and Immigration and Customs Enforcement (“ICE”) personnel.
I. ICE DETENTION STANDARDS
In November 2000, the Immigration and Naturalization Service (INS),2 promulgated the
“INS Detention Standards” to ensure the “safe, secure and humane treatment” of immigration
detainees. The thirty-eight standards contained in the Detention Operations Manual cover a
broad spectrum of issues ranging from visitation policies to grievance procedures. 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 Officer-

1

The delegation was comprised of attorneys from the Tallahassee office of Holland & Knight LLP, including b6
b6
b6
b6
b6
and
.
2
Effective March 1, 2003, the INS ceased to exist as an agency of the Department of Justice. The INS’ immigration
enforcement functions were transferred to Immigration and Customs Enforcement (“ICE”), a division of the newlycreated Department of Homeland Security (“DHS”).
Atlanta • Bethesda • Boston • Chicago • Fort Lauderdale • Jacksonville • Los Angeles
Miami • New York • Northern Virginia • Orlando • Portland • San Francisco
Tallahassee • Tampa • Washington, D.C. • West Palm Beach

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, September 26, 2006
On Tuesday, September 26, 2006, the members of our delegation met with several
members of Wakulla County Jail’s staff and a representative from the ICE office in Miami,
b6, b7C
Florida. ICE Deportation Officer
escorted the delegation into the facility and,
b6, b7C
b6, b7C
thereafter, Jail Administrators Captain
and Lieutenant
led our
delegation on a tour of the facilities and participated in post-tour follow-up discussions. The
delegation also met with Wakulla County Jail Lieutenant
and ICE Deportation
b6, b7C
Officer b6, b7C along the tour. 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 Jail and ICE employees, as well
as observations of the facility and interviews with three immigration detainees. In some
instances, the detainees’ reports were consistent with statements made by facility personnel and
our observations. In such cases, the delegation was able to determine whether Jail policy and
procedures successfully meets the Standards. Where we were unable to reconcile the conflicting
reports, the delegation was unable to determine conclusively whether the Standards are being
met.
One serious issue identified by Jail personnel is their regular use of Tasers on
detainees.3 This and other issues are addressed below.
B. General Information About the Wakulla County Detention Facility
The Wakulla County Detention Facility houses federal immigration detainees according
to an intergovernmental service agreement (“IGSA”) with ICE. According to the Jail personnel,
the facility has a current population of 270 inmates, 65 of whom are immigration detainees. The
Jail houses mostly males. At the time of our visit, the facility personnel estimated that 30
women were housed there. The Jail receives a per diem of $56.30 per detainee per day. Lt. b6, b7C
and Lt. b6, b7C informed the delegation that the facility housed immigration detainees from
many different countries, including Jamaica, Cuba, and the Bahamas.
III. LEGAL ACCESS STANDARDS
A. Visitation
1. Visitation by Attorneys
The Standards require that facilities permit legal visitation seven days per week.4
Attorneys should have access to their clients eight hours per day during the week and four hours
per day during the weekend.5 The visits must be private, and should not be interrupted for head
counts.6 Facilities should establish a procedure by which attorneys may call to determine
3

See infra, Section IV.F.
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.2.
5
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.2.
6
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.9.
4

2

whether a detainee is housed in a particular facility.7 Detention centers should permit visits from
attorneys, other legal representatives, legal assistants, and interpreters.8
The Jail substantially meets this section of the Standards. Attorneys may visit the
detainees seven days per week, and are also offered the option of telephone conferences with
their clients.9 Law students and interpreters may meet with detainees as long as the individuals
provide proper identification.10
The information given in the “Wakulla County Sheriff's Office Detention Center INS
Detainee Handbook” (the “Wakulla County Jail Inmate Handbook”) is consistent with the
information that the facility staff provided during the tour. According to the Handbook, attorney
visits during mealtime are not permitted. However, if necessary, according to the Handbook the
detainee will be given the option to meet with his attorney or legal representative during meal
hours and will be provided with a menu tray.11 The attorney-client visits, however, are not
permitted during lock down/head count at 11 p.m.12
Generally, visits in the attorney booth are non-contact.13 There is a Plexiglas divider
between the detainee and the attorney in the attorney booth.14 Visits occurring in the law library
are contact visits.15 Visits in the law library are available to anyone by request.16 Attorneys are
not searched; however, detainees are subject to a strip search after a contact legal visit.17 Finally,
attorneys may call the Jail to determine whether their client is being housed at the facility.18
2. Visitation by Family and Friends
To maintain detainee morale and family relationships, the Standards encourage visits
from family and friends.19 The Standards suggest that facilities establish written visitation hours
and procedures, and make them available to the public.20 Visiting hours shall be set on
Saturdays, Sundays, and holidays.21 Visits should be at least 30 minutes long, and longer when
possible.22

7

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.6.
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.3.
9
b6
Wakulla County Jail Inmate Handbook, p. 8; notes of delegation member
on conversation with
b6,
b7C
b6,
b7C
Lt.
and Lt.
10
Notes of delegation member
, on conversation with Lt. b6, b7C and Lt. b6, b7C
b6
11
Wakulla County Jail Inmate Handbook, p. 8.
12
b6
Notes of delegation member
, on conversation with Lt. b6, b7C and Lt. b6, b7C
13
b6
Notes of delegation members
and
, on conversation with Lt. b6, b7C and Lt. b6, b7C
b6
14
Observations of delegation members.
15
b6
b6
Notes of delegation members
and
, on conversation with Lt. b6, b7C and Lt. b6, b7C
16
b6
Notes of delegation member
, on conversation with Captain b6, b7C .
17
Notes of delegation member
, on conversation with Lt.
and Lt.
.
b6, b7C
b6
b6, b7C
18
Notes of delegation member
, on conversation with Lt.
and Lt.
..
19
Detention Operations Manual, Detainee Services, Standard 17, Section I.
20
Detention Operations Manual, Detainee Services, Standard 17, Section III.A & B.
21
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.1.
22
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.1.
8

3

The Jail substantially meets this section of the Standards, although the family and
friends visitation hours are limited to a maximum of 2 hours per week.23 The visitation
schedule and rules are clearly posted at the entrance to the facility.24 Visiting hours are seven
days per week, from 8:00 a.m. until 11:00 a.m. for women, and from 1:00 p.m. until 4:00 p.m.
for men.25 The schedule ensures that each detainee may receive visitors either on Saturday or
Sunday.26 The visits are non-contact.27
The Jail restricts visitation to persons who appear on the detainee's visitation list.28
Visitation will be denied to persons who do not present identification.29 Minors may be included
on this list, and may visit if accompanied by an adult.30
B. Telephone Access
1. General Requirements
The Standards require that facilities provide detainees with reasonable and equitable
access to telephones during established facility working hours.31 In order to meet this
requirement, facilities must provide at least one telephone for every 25 detainees.32 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.33
The Jail meets this section of the Standards. Each housing unit has its own set of
phones: some units have a bank of 4 phones, and others have 2.34 The Jail has a total of 34
phones (31 located in the pods and 3 located in the isolation rooms).35 The telephone provider is
Paytel Communications, and the phone system provided is collect and preprogrammed.36 The
telephones are accessible from 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 11:00 p.m.37 The
telephones are turned off during all meals.38
The instructions for usage of the phones are provided via an automated telephone
program.39 Once a detainee picks up the receiver, an automated voice provides assistance to the

23

Wakulla County Jail Inmate Handbook, p. 7.
b6
Observations of delegation member
25
Wakulla County Jail Inmate Visiting Schedule; Wakulla County Jail Inmate Handbook, p. 8.
26
Wakulla County Jail Inmate Visiting Schedule; Wakulla County Jail Inmate Handbook, p. 8.
27
Notes of delegation member
on conversation with Lt. b6, b7C and Lt. b6, b7C
b6
28
Wakulla County Jail Inmate Handbook, p. 8.
29
Wakulla County Jail Inmate Handbook, p. 8.
30
Wakulla County Jail Inmate Handbook, p. 8.
31
Detention Operations Manual, Detainee Services, Standard 16, Sections I & III.A.
32
Detention Operations Manual, Detainee Services, Standard 16, Section III.C.
33
Detention Operations Manual, Detainee Services, Standard 16, Section III.B.
34
Observations of delegation members.
35
Notes of delegation member
on conversation with Captain b6, b7C .
b6
36
b6
Notes of delegation member
on conversation with Lt. b6, b7C and Lt. b6, b7C
37
Wakulla County Jail Inmate Handbook, p. 7.
38
Wakulla County Jail Inmate Handbook, p. 7.
39
b6
Notes of delegation member
on conversation with Lt. b6, b7C and Lt. b6, b7C observations of
delegation members.
24

4

detainee.40 Additionally, the phone numbers of local consulates are posted by each phone or
bank of phones in the facility.41
2. Direct Calls and Free Calls
The Standards allow facilities to generally restrict calls to collect calls;42 however, the
facility must 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 case of emergency.43 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.”44
The Jail substantially meets this section of the Standards; however, one detainee
stated that sometimes the phones do not work properly and he is unable to contact his
consulate or the Florida Immigrant Advocacy Center.45 Detainees are able to make calls to
legal service providers and to consulates at no charge.46 The detainees may make direct calls to
consulates and pro bono legal service providers, such as the Florida Immigrant Advocacy Center
("FIAC"), using the preprogrammed telephones.47 In addition, the detainees may request to use
additional phones located in the processing area of the facility to contact legal service
providers.48 Free legal service provider phone calls are not subject to charge.49
3. Telephone Access to Legal Representatives
The Standards require that the facility ensure privacy for detainees’ telephone calls
regarding legal matters.50 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. In addition, telephone calls on legal matters may not be electronically
monitored absent a court order.51
The Jail appears to meet this section of the Standards: there are no privacy
safeguards for the telephones in the housing units, and all calls are monitored. However,
detainees may request to make unmonitored calls in the processing area. Detainees are
40

b6
b6
b6
Notes of delegation member
,
,
, on conversation with Lt.
Lt. b6, b7C
41
Observations of delegation members.
42
Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
43
Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
44
Detention Operations Manual, Detainee Services, Standard 16.
45
b6
Notes of delegation member
on conversation with Detainee
b6, b7C
46
b6
b6
Observations of delegation members and notes of delegation members
and
conversation with Lt. b6, b7C and Lt. b6, b7C
47
b6
b6
Observations of delegation members and notes of delegation members
and
conversation with Lt. b6, b7C and Lt. b6, b7C.
48
b6
b6
Observations of delegation members and notes of delegation members
and
conversation with Lt. b6, b7C and Lt. b6, b7C
49
b6
b6
Observations of delegation members and notes of delegation members
and
conversation with Lt. b6, b7C and Lt. b6, b7C
50
Detention Operations Manual, Detainee Services, Standard 16, Section J.
51
Detention Operations Manual, Detainee Services, Standard 16, Section J.

5

b6, b7C

and

on
on
on
, on

normally unable to make private telephone calls, because the phones where detainees make
outgoing calls are all located in the housing units with no privacy safeguards.52 The telephones
are out in the open, and there are no partitions.53 All phone conversations made on the phones
located in the housing units are automatically recorded and monitored.54 However, Jail staff
informed the delegation that the detainees could request to make outgoing calls on telephones in
the processing area that are not monitored.55
4. Incoming Calls and Messages
The Standards require that facilities take and deliver messages from attorneys and
emergency incoming telephone calls to detainees as promptly as possible.56
The Jail meets this section of the Standards. The facility delivers messages from
attorneys and emergency incoming telephone calls to detainees.57 Staff officers will assist
detainees in making emergency telephone calls when access to telephone would not normally be
available.58
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,59 for calls regarding legal matters, calls to consular officials, and family
emergencies.60
The Jail does not fully meet this section of the Standards. Detainees at the Jail placed
in the SMU for disciplinary reasons only have access to the telephones for calls to attorneys upon
request.61
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.”62
1. Library Access

52

Observations of delegation members.
Observations of delegation members.
54
b6
b6
Notes of delegation members
, and
b6, b7C
b6, b7C
and
h, and conversation with Lt.
55
b6
b6
Notes of delegation members
and
53

, on conversation with detainees
and Lt. b6, b7C
on conversation with Lt. b6, b7C and Lt.
b6

b6, b7C

b6, b7C

56
57

Detention Operations Manual, Detainee Services, Standard 16, Section III.I.
b6
Notes of delegation members
and
on conversation with Lt.
b6
b6, b7C

58

Wakulla County Jail Inmate Handbook, p. 7.
Detention Operations Manual, Detainee Services, Standard 16, Section III.G.
60
Detention Operations Manual, Security and Control, Standard 14, Section III.D.19.
61
b6
Notes of delegation member
on conversation with Captain b6, b7C .
62
Detention Operations Manual, Detainee Services, Standard 1, Section I.
59

6

b6, b7C

and Lt.

The Standards suggest that each facility shall have a flexible schedule for law library use
that permits all detainees, regardless of housing or classification, to use the law library on a
regular basis.63 Each detainee shall be permitted to use the law library for a minimum of five
hours per week.64
The Jail meets this section of the Standards. The Handbook provides that a detainee
may use the library after approval of his or her written request.65 The Jail staff indicated that
there was no limitation on how often a detainee can use the library per week,66 but the Handbook
is silent on this issue. The Handbook states that detainees may use the law library for one hour
per visit.67 However, the log presented for review by the staff officials indicated that the
detainees were allowed to use the library for periods longer than one hour per visit.68
2. Library Conditions
The Standards require that a facility provide a law library with sufficient space to
facilitate detainees’ legal research and writing.69 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.”70
The Jail meets this section of the Standards. While the Jail's law library is small, it is
well lit and is well-isolated from noise and foot traffic.71 The library provides access to one
computer and one typewriter, and contains at least two other tables and several chairs in addition
to those housing the computer and the typewriter.72 Additionally, the library is located in an
enclosed room that is free of distractions and noise.73
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.74 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.75 Damaged or stolen materials
must be promptly replaced.76
The Jail does not fully meet this section of the Standards: it does not contain the
required materials. The Jail provides its immigration detainees with computer/internet access
63

Detention Operations Manual, Detainee Services, Standard 1, Section III.G.
Detention Operations Manual, Detainee Services, Standard 1, Section III.G.
65
Wakulla County Jail Inmate Handbook, p. 7.
66
b6
Notes of delegation member
, on conversation with Lt. b6, b7C
67
Wakulla County Jail Inmate Handbook, p. 7.
68
b6
b6
Observations of delegation members
,
, and
69
Detention Operations Manual, Detainee Services, Standard 1, Section III.A.
70
Detention Operations Manual, Detainee Services, Standard 1, Section III.A.
71
Observations of delegation members.
72
Observations of delegation members.
73
Observations of delegation members.
74
Detention Operations Manual, Detainee Services, Standard 1, Section III.C.
75
Detention Operations Manual, Detainee Services, Standard 1, Section III.E.
76
Detention Operations Manual, Detainee Services, Standard 1, Section III.F.
64

7

and Lt.
b6

b6, b7C

.

to LexisNexis.77 In addition, the detainees have access to hardbound legal resources.78 While
LexisNexis provide access to numerous legal materials, as well as current statutory and
regulatory information, most of the hardbound materials located in the library are not up to
date.79 In addition, the library does not contain all of the materials listed in Attachment A to the
chapter on Access to Legal Materials.80 The Florence Project's "Know Your Rights" packets are
not available in the library.81
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.82 Staff must inspect regularly to ensure equipment
is in working order and to stock sufficient supplies.83 In addition, indigent detainees must be
provided free envelopes and stamps for legal mail.84
The Jail substantially meets this section of the Standards; however, the LexisNexis
research computer may not be operational for extended periods of time. The Jail has one
computer for typing documents, one LexisNexis research computer, and one typewriter available
in its law library, for use by all inmates and detainees at the Jail.85 However, detainees Mario
Rivera Perez and O'Neil Smith indicated that the LexisNexis computer may not be operational
for extended periods of time.86 The Jail provides detainees with paper and office supplies to
enable detainees to prepare documents for legal proceedings.87 If a detainee is indigent, the
facility will provide the detainee with two stamped envelopes, a pencil and paper as part of an
indigent packet.88
5. Photocopies

77

b6
b6
Observations of delegation members and notes of delegation members
,
, and b6
b6
, on conversation with Lt. b6, b7C Lt. b6, b7C, and ICE Deportation Officer b6, b7C.
78
b6
b6
Notes of delegation members
and
, on conversation with Lt.
b6
b6, b7C , Lt. b6, b7C and ICE Deportation Officer b6, b7C .
79
b6
b6
Observations of delegation members; notes of
and
, on conversation with ICE
Deportation Officer b6, b7C.
80
b6
Notes of delegation member
, on conversation with ICE Deportation Officer b6, b7C ; Detention
Operations Manual, Detainee Services, Standard 1, Attachment A.
81
Notes of delegation member
on conversation with ICE Deportation Officer b6, b7C; observations of
b6
delegation members.
82
Detention Operations Manual, Detainee Services, Standard 1, Section III.B.
83
Detention Operations Manual, Detainee Services, Standard 1, Section III.B.
84
Detention Operations Manual, Detainee Services, Standard 1, Section III.N.
85
Observations of delegation members.
86
b6
b6, b7C
Notes of delegation member
on conversation with Detainees
and b6, b7C
b6, b7C

87

Notes of delegation member
88
Notes of delegation member

b6

on conversation with Lt.
on conversation with Lt.

8

b6, b7C

and Lt.
.
b6, b7C
and Lt.
.

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.89
The Jail meets this section of the Standards. Detainees at the Jail may make copies, at
no charge, upon request to the staff.90 There is no limitation on copies made.91
6. Assistance From Other Detainees
The Standards require that each facility permit detainees to assist other detainees in
researching and preparing legal documents upon request, except when such assistance poses a
security risk.92
The Jail meets this section of the Standards. Detainees are permitted to assist other
detainees with research and writing.93
7. Notice to Detainees
The Standards require that the detainee handbook provide detainees with the rules and
procedures governing access to legal materials, 94 including: procedures for requesting access to
the law library; procedures for requesting legal reference materials not located in the library; and
procedures for notifying a designated employee that library material is missing or damaged.95
The Standards also require that the facility post these policies and procedures in the library along
with a list of the law library's holdings.96
The Jail does not fully meet this section of the Standards: the Handbook does not
include required information, and information is not posted. The Handbook specifies that
detainees may use the library after approval of a written request.97 However, the Handbook does
not specify the procedures for requesting legal reference materials not located in the library or
for notifying a designated employee that library material is missing or damaged. In addition, the
library does not contain a posting of the notice policies or a listing of the library's holdings.98
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.”99 Informational posters are to be prominently displayed in the housing units at least

89

Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
Notes of delegation member
on conversation with Lt.
and Lt.
.
b6, b7C
b6
b6, b7C
91
Notes of delegation member
on conversation with Lt.
and Lt.
.
92
Detention Operations Manual, Detainee Services, Standard 1, Section III.Q.
93
b6
Notes of delegation member
on conversation with Lt. b6, b7C and Lt. b6, b7C
94
Detention Operations Manual, Detainee Services, Standard 1, Section III.Q.
95
Detention Operations Manual, Detainee Services, Standard 1, Section III.Q.
96
Detention Operations Manual, Detainee Services, Standard 1, Section III.Q.
97
Wakulla County Jail Inmate Handbook, p. 7.
98
b6
Observation of delegation member
99
Detention Operations Manual, Detainee Services, Standard 9, Section I.
90

9

forty-eight hours in advance of a scheduled presentation.100 In addition, detainees shall have
regular opportunities to view an “INS-approved videotaped presentation on legal rights.”101
The Jail substantially meets this section of the Standards; however, it does not show
the “Know Your Rights” video. According to the Jail personnel, there are no restrictions on
group rights presentations.102 The Jail officials informed us that the Florida Immigrant
Advocacy Center ("FIAC") makes a group rights presentation at the facility approximately once
per year.103 Prior to a scheduled presentation, the Jail posts flyers in the housing units to make
the detainees aware of the presentation.104 The presentation takes place in the Jail's law
library.105 However, the Jail does not currently show the “Know Your Rights” video created by
the Florence Project and distributed by ICE.106
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.107 General correspondence shall normally be opened and inspected for contraband in the
presence of the detainee, but may be opened and read outside the presence of the detainee if
security reasons exist for doing so.108 Special correspondence—which includes all written
communication to or from attorneys, legal representatives, judges, courts, government officials,
and the news media—is treated differently.109 Incoming special correspondence can be
inspected for contraband only in the presence of the detainee, but it can never be read or
copied.110 Outgoing special correspondence cannot be opened, inspected, or read.111 The
detainee handbook must specify how to address correspondence, the definition of special
correspondence and how it should be labeled, the procedure for purchasing postage and rules for
providing indigent detainees free postage, and other specific information.112 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.113

100

Detention Operations Manual, Detainee Services, Standard 9, Section III.C.
Detention Operations Manual, Detainee Services, Standard 9, Section III.I.
102
b6
Notes of delegation member
, on conversation with Lt. b6, b7C and Lt. b6, b7C
103
b6
b6
Notes of delegation member
and
, on conversation with Lt. b6, b7C and Lt. b6, b7C
104
Notes of delegation member
, on conversation with Lt.
and Lt.
b6
b6, b7C
b6, b7C
105
Notes of delegation member
, on conversation with Lt.
and Lt.
106
b6
Notes of delegation member
, on conversation with Lt. b6, b7C ICE Deportation Officer b6, b7C
and Lt. b6, b7C
107
Detention Operations Manual, Detainee Services, Standard 3, Section I.
108
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & E.
109
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B, E, & F.
110
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & E.
111
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & F.
112
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B.
113
Detention Operations Manual, Detainee Services, Standard 3, Section III.I, and Standard 1, Section III.N.
101

10

The Jail does not fully meet this section of the Standards: the Handbook does not
include all of the required information. The Jail provides all detainees with the Wakulla
County Jail Inmate Handbook which informs them of the facility’s correspondence policies.114
Incoming regular mail will be opened and inspected for contraband, while legal mail will be
opened in the presence of the detainee.115 However, the Handbook does not provide the
following information as required: 1) “the definition of special correspondence, including
instructions on the proper labeling for special correspondence . . . . [and a] statement that it is the
detainee’s responsibility to inform senders of special mail of the labeling requirement.”; 2) the
information that identity documents, such as passports and birth certificates, are contraband and
may be rejected by the facility; 3) instructions about “how to obtain writing implements, paper,
and envelopes”; and 4) “the procedure for purchasing postage (if any), and the rules for
providing indigent and certain other detainees free postage.”116 The Jail personnel informed the
delegation that indigent detainees are provided with two stamped envelopes and supplies by
notating on their commissary card their desire to receive the indigent packet.117 This information
b6, b7C
was consistent with the information provided in the Handbook and by detainee
b6, b7C

118

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.119 Every detainee
should receive a copy of the handbook upon admission to the facility.120 The handbook will be
written in English and translated into Spanish and other prevalent languages as appropriate.121
The handbook must notify detainees of the facility correspondence policy.122 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.123 The handbook must provide
notice of the facility’s rules of conduct and the sanctions imposed.124 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.125
The Jail does not fully meet this section of the Standards; the Handbook lacks
several required provisions. In addition to the missing information noted above regarding
correspondence, and noted below regarding classification and disciplinary policy, the Handbook
also does not include procedures for filing an appeal of grievances; does not specify sanctions to
114

b6
Notes of delegation member
on conversation with Lt. b6, b7C and Lt. b6, b7C; Wakulla County
Jail Inmate Handbook, p. 9.
115
Wakulla County Jail Inmate Handbook, p. 9.
116
Detention Operations Manual, Detainee Services, Standard 3, Section III.B.
117
b6
Notes of delegation member
, on conversation with Lt. b6, b7C and Lt. b6, b7C
118
b6
b6
b6
Notes of delegation members
,
and
, on conversations with Lt.
b6, b7C
b6, b7C , Lt. b6, b7C and detainee
Wakulla County Jail Inmate Handbook, p. 4.
119
Detention Operations Manual, Detainee Services, Standard 6, Section I.
120
Detention Operations Manual, Detainee Services, Standard 6, Section I.
121
Detention Operations Manual, Detainee Services, Standard 6, Section III.E.
122
Detention Operations Manual, Detainee Services, Standard 3, Section III.B.
123
Detention Operations Manual, Detainee Services, Standard 5, Section III.G.
124
Detention Operations Manual, Security and Control, Standard 5, Section III.A.5.
125
Detention Operations Manual, Detainee Services, Standard 15, Section III.B.3.

11

be imposed for rule violations; and does not include provisions advising that the detainees have
the opportunity to submit written questions, requests, or concerns to ICE staff and the procedures
for doing so.126 The Handbook is provided to all detainees,127 and is written in English and
Spanish.
C. Access to Dental Care
The Standards suggest that detainees have an initial dental screening exam within 14 days
of the detainee’s arrival and require the facility to provide a number of services, including
emergency dental treatment and repair of prosthetic appliances.128
The Jail does not fully meet this section of the Standards; the detainees do not
receive the initial dental screening.129 If dental care is needed, the Jail makes arrangements
with a local dentist to provide the necessary dental care, either in the facility or at his local
b6, b7C
office.130 Detainee
indicated that the Jail personnel do not respond in a timely
b6, b7C
manner to requests for dental care.131 Detainee
indicated that he had not received a
132
response for a request to see a dentist regarding a tooth ache.
D. Detainee Classification System
The Standards require that detention facilities use a classification system to physically
separate detainees in different categories.133 Detainees must be assigned to the least restrictive
housing unit consistent with facility safety and security.134 Classification is required in order to
separate detainees with no or minimal criminal records from inmates with serious criminal
records.135 Detainees with a history of assaultive or combative behavior are not to be housed
with non-assaultive detainees.136 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.137
The Jail does not fully meet this section of the Standards; the Handbook does not
explain the classification levels and the conditions and restrictions associated with each.138
All detainees and inmates are classified when they first arrive at the facility.139 Detainees are

126

See Wakulla County Jail Detainee Handbook.
b6
Notes of delegation member
on conversation with Lt. b6, b7C and Lt. b6, b7C
128
Detention Operations Manual, Health Services, Standard 2, Section III.E.
129
Notes of delegation member
, on conversation with Lt.
and Lt.
b6, b7C
b6, b7C
130
Notes of delegation member
, on conversation with Lt.
and Lt.
b6
131
Notes of delegation member
, on conversation with detainee
.
b6, b7C
132
Notes of delegation member
, on conversation with detainee
133
Detention Operations Manual, Detainee Services, Standard 4, Section I.
134
Detention Operations Manual, Detainee Services, Standard 4, Section III.F.
135
Detention Operations Manual, Detainee Services, Standard 4, Sections III.A & III.E.
136
Detention Operations Manual, Detainee Services, Standard 4, Section III.F.
137
Detention Operations Manual, Detainee Services, Standard 4, Section III.I.
138
Wakulla County Jail Inmate Handbook, pp. 4-5.
139
b6
Wakulla County Jail Inmate Handbook, p. 4; notes of delegation member
, on conversation with
Capt. b6, b7C .
127

12

classified within the facility generally in accordance with their risk.140 Detainees are sometimes
housed with criminal inmates due to overcrowding issues.141 Detainees are housed, recreated,
and fed according to other detainees in his or her classification.142
E. 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.143 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.”144 All grievances must receive supervisory review, include guarantees
against reprisal, and allow for appeals.145
The Jail apparently does not meet this section of the Standards; detainees report
that grievances are not answered. According to Lt. b6, b7C and Lt. b6, b7C if a detainee has a
grievance, he or she will ask an officer for a grievance form, which should be addressed to the on
duty shift lieutenant.146 Upon completing and signing the form, the detainee will give the form
back to the officer, who then provides it to the shift lieutenant.147 A copy of the grievance will
be maintained in the detainee's file for the remainder of his or her detention.148 However,
b6, b7C
b6, b7C
detainees
and
stated that they sometimes do not receive any
responses to grievances or other requests.
F. Disciplinary Policy and Use of Force
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.”150 The disciplinary policy must clearly define
detainee rights and responsibilities, and any disciplinary action taken must not be capricious or
retaliatory.151 “Corporal punishment may not be imposed.”152 Officers who witness a prohibited

140

b6
b6
b6
Notes of delegation members,
,
and
, on conversation with Lt.
and Lt. b6, b7C
141
b6
Notes of delegation member
, on conversation with Lt. b6, b7C and Lt. b6, b7C
142
Wakulla County Jail Inmate Handbook, pp. 4-5.
143
Detention Operations Manual, Detainee Services, Standard 5, Sections I & III.A.
144
Detention Operations Manual, Detainee Services, Standard 5, Section I.
145
Detention Operations Manual, Detainee Services, Standard 5, Sections I, III.C & D.
146
b6
Notes of delegation member
, on conversation with Lt. b6, b7C and Lt. b6, b7C Wakulla County
Jail Inmate Handbook, p. 10.
147
b6
Notes of delegation member
s, on conversation with Lt. b6, b7C and Lt.b6, b7C ; Wakulla County
Jail Inmate Handbook, p. 10.
148
Wakulla County Jail Inmate Handbook, p. 10.
149
b6
b6, b7C
Notes of delegation member
, on conversation with Detainees
and b6, b7C
b6, b7C

b6, b7C

150

Detention Operations Manual, Security and Control, Standard 5, Section I.
Detention Operations Manual, Security and Control, Standard 5, Section III.A.1 & A.2.
152
Detention Operations Manual, Security and Control, Standard 5, Section III.A.3.
151

13

act must prepare and submit an incident report.153 The Detainee Handbook must notify detainees
of the disciplinary process, the prohibited acts and disciplinary severity scale, and the procedure
for appeals.154 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.155
The Use of Force section of the Standards states that use of force is only authorized after
all reasonable efforts to resolve a situation have failed, and that as little force as necessary will be
used to gain control of the detainee and protect and ensure safety.156 This section also indicates
that force may not be used to punish a detainee under any circumstances.157 Non-lethal weapons
may only be authorized for use if the detainee is armed and/or barricaded or cannot be
approached without danger to self or others and “a delay in controlling the situation would
seriously endanger the detainee or others.”158 Finally, “Staff shall prepare detailed
documentation of all incidents involving the use of force, chemical agents, or non-lethal
weapons.”159
It is unclear whether the Jail meets this section of the Standards with respect to
Taser use; the Handbook does not meet the Standards. According to the Jail's personnel,
Jail personnel use Tasers “as required” on the facility's entire population (i.e., detainees
and jail inmates).160 The Wakulla County Jail Standard Operating Procedure 6.02 outlines when
the M-26 Advanced Taser may be used.161 Without further information regarding when Tasers
are used on detainees, we would ask that ICE review the Jail’s use of Tasers, as well as review
the documentation that the Standards require jails to keep for all uses of force, to determine
whether or not force is used in compliance with the Standards,162 and to clarify if and under what
circumstances ICE approves of using Tasers.
In addition, the Handbook does not contain adequate information. The Handbook
contains a "Rights and Responsibilities" section,163 but it does not contain provisions notifying
the detainees of the disciplinary process, the prohibited acts and disciplinary severity scale, and
the procedure for appeals.164
G. Special Management Unit
The Standards suggest that each facility establish a Special Management Unit (“SMU”)
that will isolate certain detainees from the general population.165 The Standards for
Administrative and Disciplinary Segregation differ somewhat from one another, but both provide
153

Detention Operations Manual, Security and Control, Standard 5, Section III.B.
Detention Operations Manual, Security and Control, Standard 5, Section III.L.
155
Detention Operations Manual, Security and Control, Standard 5, Section III.A.5.
156
Detention Operations Manual, Security and Control, Standard 17, Sections I, III.B
157
Detention Operations Manual, Security and Control, Standard 17, Section III.B.1.
158
Detention Operations Manual, Security and Control, Standard 17, Section III.H.
159
Detention Operations Manual, Security and Control, Standard 17, Section III.J.
160
b6
Notes of delegation member
on conversation with Lt. b6, b7C and Lt.
161
Wakulla County Jail Standard Operating Procedure 6.02 Section H, p. 4.
162
Detention Operations Manual, Security and Control, Standard 17, Section III.J.
163
Wakulla County Jail Inmate Handbook, pp. 13-14.
164
Wakulla County Jail Inmate Handbook, p. 9.
165
Detention Operations Manual, Security and Control, Standard 14, Section I.
154

14

b6, b7C

for legal access and other protections. All cells in the SMU must be well ventilated,
appropriately heated, and sanitary, and must be equipped with beds.166 Access to the law library
shall generally be granted to detainees in segregation.167 Detainees generally retain visiting
privileges while in disciplinary segregation, and may not be denied legal visitation.168 Detainees
in administrative segregation generally have the same telephone privileges as other detainees,169
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.170
The Jail meets this section of the Standards. The pods in the SMU have beds, have an
open Plexiglas door, and are well lit.171 Although the detainees in segregation do not have
immediate access to the preprogrammed telephone systems located in the SMU housing units,
such detainees may use such telephones upon having their request approved.172 Detainees are
allowed reading materials and are given access to the law library separately from the other
detainees.173
H. Staff-Detainee Communication/ICE Presence at the Facility
The Standards require that procedures be in place “to allow for formal and informal
contact between key facility staff and ICE staff and ICE detainees and to permit detainees to
make written requests to ICE staff and receive an answer in an acceptable time frame.”174 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.175 Unannounced visits to the facility’s housing areas must be
conducted on a regular basis.176 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.177 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.”178 All facilities that house ICE detainees must have “written procedures to route detainee

166

Detention Operations Manual, Security and Control, Standard 13, Section III.D.2, and Standard 14, Section
III.D.6.
167
Detention Operations Manual, Security and Control, Standard 13, Section III.D.18, and Standard 14, Section
III.D.15.e.
168
Detention Operations Manual, Security and Control, Standard 13, Section III.D.13 & 14, and Standard 14,
Section III.D.17.
169
Detention Operations Manual, Security and Control, Standard 13, Section III.D.16.
170
Detention Operations Manual, Security and Control, Standard 14, Section III.D.19.
171
b6
b6
b6
b6
Observation of delegation members
,
, and
.
172
Notes of delegation member
, on conversation with Lt.
and Lt.
b6, b7C
b6
b6, b7C
173
Notes of delegation member
, on conversation with Lt.
and Lt.
174
Detention Operations Manual, Detainee Services, Standard 15, Section I.
175
Detention Operations Manual, Detainee Services, Standard 15, Section III.A.
176
Detention Operations Manual, Detainee Services, Standard 15, Section III.A.1.
177
Detention Operations Manual, Detainee Services, Standard 15, Section III.A.
178
Detention Operations Manual, Detainee Services, Standard 15, Section III.B.

15

requests to the appropriate ICE official” and must assist detainees “who are disabled, illiterate, or
know little or no English.”179
The Jail appears to meet this section of the Standards; however the Handbook does
not contain information setting forth the procedures for detainees to contact ICE staff.
There are six (6) ICE officers present at the facility. An ICE officer makes weekly, unannounced
visits with the detainees.180 The ICE officers also visit the detainees pursuant to written
requests.181 The ICE officers also have a lot of informal contact with the detainees due to their
on-site presence at the facility.182
I. 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.183
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.”184 Moreover, a facility’s staff shall make “all reasonable
efforts to accommodate” special food services required by a detainee’s particular religion.185
Detainees in confinement must also be permitted to participate in religious practices, consistent
with the safety, security, and orderly operation of the facility.186
It is unclear whether the Jail meets this section of the Standards; facility staff stated they
make religious accommodations, but two detainees indicated the facility only allows
religious/church services for select detainees or women.187 It does not appear that the Jail is
providing “reasonable and equitable opportunities to participate in the practices of their
respective faiths.” The Jail does provide kosher meals to those who request them.188
J. 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.189 Indigent detainees will be permitted to make a single domestic telephone call at
179

Detention Operations Manual, Detainee Services, Standard 15, Section III.B.
b6
Notes of delegation member
on conversation with Lt. b6, b7C , Lt. b6, b7C and ICE Deportation
Officer b6, b7C
181
b6
b6
Notes of delegation member
,
and
on conversation with Lt.
b6
b6, b7C , Lt. b6, b7C and ICE Deportation Officer b6, b7C
182
b6
b6
b6
Notes of delegation member
,
, and
, on conversation with Lt.
b6, b7C , Lt. b6, b7C, and ICE Deportation Officer b6, b7C
183
Detention Operations Manual, Detainee Services, Standard 14, Section I.
184
Detention Operations Manual, Detainee Services, Standard 14, Section I.
185
Detention Operations Manual, Detainee Services, Standard 14, Section III.M.
186
Detention Operations Manual, Detainee Services, Standard 14, Section III.O.
187
b6
b6
b6
Notes of delegation members
,
and
, on conservation with Lt.
b6, b7C
and detainees
and
b6, b7C
b6, b7C
188
b6, b7C
b6
Notes of delegation member
, on conversation with detainee
189
Detention Operations Manual, Detainee Security and Control, Standard 4, Section I.
180

16

government expense upon arrival at their final destination; non-indigent detainees will be
permitted to make telephone calls at their own expense.190 Records including the detainee’s
Alien File (“A-file”) and health records (or transfer summary for IGSAs) must accompany the
detainee.191 A detainee’s legal materials, cash, and small valuables shall always accompany the
detainee to the receiving facility; larger items may be shipped.192
The Jail meets this section of the Standards. Detainees are allowed to make phone
calls on the preprogrammed telephones located in the housing units once they have been
processed.193 Indigent detainees are able to make a free call if they request it.194 When a
detainee is transferred to another facility, the Jail medical records and personal belongings are
transferred along with the detainee to the receiving facility.195
V. CONCLUSION
The Wakulla County Detention Facility meets the requirements of several of the ICE
Detention Standards but also fails to meet or does not completely meet a number of sections. Of
greatest concern is the Jail’s acknowledged use of Tasers. We ask that ICE review the Jail’s
use of Tasers and review the documentation that should accompany each such use.
To provide adequate telephone access to detainees, the Jail should not record or monitor,
in any matter whatsoever, legal phone calls (absent a court order), and should provide detainees
with easily accessible phones to use to make an unmonitored call for legal purposes. Reflecting
the needs of the multinational immigrant jail population, instructions regarding the use of the
phone system need to be in different languages.
To support the detainees’ access to legal materials, the Jail should obtain and provide
access to all of the legal materials listed in the Standards in their law library. Also, the Jail
should ensure that the computer, printer, typewriter, and LexisNexis computer are in good
working condition, and schedule timely repairs. The Jail may consider acquiring additional
computers for its library.
To provide sufficient guidance and information to the detainee, the Wakulla County Jail
Inmate Handbook needs to be expanded to include the required polices and procedures required
by the Standards, including, but not limited to the following:
•

Disciplinary policy and procedures, including levels of discipline and appeal rights
and procedures;

•

Grievance process and procedures, including a response deadline by Jail personnel,
and appeal process;

•

Procedures regarding detainee written requests (telephone calls, law library, medical
care, etc.) and a response deadline by Jail personnel;

•

Procedures for detainees to communicate with ICE staff.

190

Detention Operations Manual, Detainee Security and Control, Standard 4, Sections III.G.
Detention Operations Manual, Detainee Security and Control, Standard 4, Sections III.D.1 and III.D.6.
192
Detention Operations Manual, Detainee Security and Control, Standard 4, Sections III.E.
193
Notes of delegation member
on conversation with Lt.
and Lt.
.
b6
b6, b7C
b6, b7C
194
Notes of delegation member
on conversation with Lt.
and Lt.
.
195
b6
Notes of delegation member
, on conversation with Lt. b6, b7C and Lt. b6, b7C
191

17

b6

b6

b6

b6

Facility Name: WAKULLA COUNTY DETENTION FACILITY, Crawfordville, FL
Date of Tour: September 26, 2006
Tour Participants: Holland & Knight LLP attorneys
,
, and
*Standards are Detainee Services Standards unless otherwise indicated. Issues are generally listed in the order in which they appear in the Report.
Report comments in bold are priority issues for ICE-ABA discussion.
Of particular concern is the use of Tasers on detainees at Wakulla County Detention Facility—an issue identified by facility staff.

Standard 16, Telephone Access
ƒ I. Facilities holding INS detainees shall permit them to
have reasonable and equitable access to telephones.
ƒ III.E. [T]he facility shall permit the detainee to make
direct calls: … to consular officials; to legal service
providers ….
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. Facility staff shall not electronically monitor
detainee telephone calls on their legal matters, absent a
court order.
Standard 1, Access to Legal Material
ƒ 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.
Standard 1, Access to Legal Material
ƒ III.C. The law library shall contain the materials listed
in Attachment A.

ƒ

One detainee said that sometimes the telephones do
not work properly and he is unable to contact his
consulate or the legal service provider FIAC. (p.5
¶3)

Detainee

ƒ

The telephones are located in the housing units with
no privacy safeguards and all calls are monitored.
(p.5 ¶5, p.6 ¶1) However, staff stated that detainees
can request to make unmonitored calls on
telephones in the processing area. (p.6 ¶1)

Delegation
observations; Lt.
and Lt.

ƒ

The LexisNexis research computer may not be
operational for extended periods of time. (p.8 ¶3)

Detainees
and

ƒ

The library does not contain all of the materials
listed in Attachment A. (p.8 ¶1)

ICE Officer

b6, b7C

b6, b7C

ABA Commission on Immigration - Detention Standards Implementation Initiative

b6, b7C

4.

ICE Response

b6, b7C

3.

Source
b6, b7C

2.

Delegation Report

b6, b7C

1.

ICE Standard*

1/29/2007

1

5.

The Handbook does not specify the procedures
for requesting legal reference materials not
located in the library, or for notifying a
designated employee that library material is
missing or damaged. In addition, the library does
not contain a posting of the notice policies or list
of the library’s holdings. (p.9 ¶6)

Delegation
observations.

ƒ

The Jail does not currently show the Florence
Project’s “Know Your Rights” video. (p.10 ¶2)

Lt.

ƒ

The Handbook does not provide the required
information, including: the definition of special
correspondence and how to label it; the
information that identity documents are
contraband and may be rejected by the facility;
instructions on how to obtain writing
implements, paper, and envelopes, and the
procedures for obtaining postage, including free
postage for indigents. (p.11 ¶1)

Inmate
Handbook.

ABA Commission on Immigration - Detention Standards Implementation Initiative

b6, b7C

7.

ƒ

b6, b7C
b6, b7C

6.

Standard 1, Access to Legal Material
ƒ III.Q. Notice to Detainees. The detainee handbook …
shall provide detainees with the rules and procedures
governing access to legal materials, including … 5. the
procedure for requesting legal reference materials not
maintained in the law library; 6. the procedure for
notifying a designated employee that library material
is missing or damaged….
These policies and procedures shall also be posted in
the law library along with a list of the library’s
holdings.
Standard 9, Group Presentations on Legal Rights
ƒ III.I. Videotaped presentations. The facility shall play
INS-approved videotaped presentations on legal
rights, at the request of outside organizations. … The
facility shall provide regular opportunities for
detainees in the general population to view the
videotape.
Standard 3, Correspondence and Other Mail
ƒ III.B. The facility shall notify detainees of its policy in
correspondence and other mail through the detainee
handbook or equivalent … [and] shall specify: … 5.
The definition of special correspondence, including
instructions on the proper labeling for special
correspondence, without which it will not be treated as
special mail. … 7. A description of mail which may be
rejected by the facility … 8. How to obtain writing
implements, paper, and envelopes; and 9. The
procedure for purchasing postage (if any), and the
rules for providing indigent and certain other
detainees free postage ….

, Lt.
ICE Officer

1/29/2007

2

8.

In addition to the missing information regarding
correspondence and classification, noted
elsewhere, the Handbook does not include
procedures for filing an appeal of grievances;
does not contain provisions notifying detainees of
the disciplinary process or the prohibited acts
and disciplinary severity scale; does not specify
sanctions imposed for rule violations or the
procedure for appeals; and does not include
provisions advising detainees of the opportunity
to submit written questions and requests to ICE
staff or the procedures for doing so. (p.11 ¶3;
p.14 ¶4, p.16 ¶2)

Inmate
Handbook.

ƒ

Detainees do not receive an initial dental screening.
(p.12 ¶3)

Lt.

ƒ

The Handbook does not explain the classification
levels and the conditions and restrictions associated
with each. (p.12 ¶5)

Inmate Handbook.

ƒ

Detainees report that grievances sometimes are not
answered. (p.13 ¶3)

Detainees
and

and Lt.
.

b6, b7C
b6, b7C

ABA Commission on Immigration - Detention Standards Implementation Initiative

b6, b7C

ƒ

b6, b7C
b6, b7C

Standard 5, Detainee Grievance Procedures
ƒ III.G. Detainee Handbook. … The grievance section
of the detainee handbook will provide notice of the
following: … 2. the procedures for filing a grievance
and appeal …
Standard 15, Staff-Detainee Communication
ƒ III.B.3. Detainee Handbook. … The handbook shall
state that the detainee has the opportunity to submit
written questions, requests, or concerns to ICE staff
and the procedures for doing so ….
Security and Control Standard 5, Disciplinary Policy
ƒ III.A.5. The detainee handbook or equivalent … shall
provide notice of the … sanctions imposed for
violations of the rules.
ƒ III.L. The detainee handbook … shall notify detainees
of the following: 1. The disciplinary process; 2. The
prohibited acts and disciplinary severity scale; 3. The
procedure for appealing disciplinary findings.
9. Health Services Standard 2, Medical Care
ƒ III.E. Dental Treatment. An initial dental screening exam
should be performed within 14 days of the detainee’s
arrival.
10. 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.
11. Standard 5, Detainee Grievance Procedures
ƒ I. [S]tandard operating procedures (SOP) must establish a
reasonable time limit for: … (iii) providing written
responses to detainees who filed formal grievances,
including the basis for the decision.

1/29/2007

3

ƒ

According to Jail personnel, Jail personnel use
Tasers “as required” on detainees and inmates.
(p.14 ¶3)

ABA Commission on Immigration - Detention Standards Implementation Initiative

Lt.

b6, b7C
b6, b7C

12. Security and Control Standard 5, Disciplinary Policy
ƒ III.A.2. Disciplinary action may not be capricious or
retaliatory.
ƒ III.A.3. Staff may not impose or allow imposition of
the following sanctions: corporal punishment ….
Security and Control Standard 17, Use of Force
ƒ I. The use of force is authorized only after all
reasonable efforts to resolve a situation have failed.
ƒ III.H. The OIC may authorize the use of non-lethal
weapons if the detainee: 1. Is armed and/or
barricaded; or 2. Cannot be approached without
danger to self or others; and 3. A delay in controlling
the situation would seriously endanger the detainee or
others, or would result in a major disturbance or
property damage.
ƒ III.J. Staff shall prepare detailed documentation of all
incidents involving the use of force, chemical agents, or
non-lethal weapons

and Lt.
.

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