P3 Q, {Jifiiforcemem amt Remoml Opt-muons of Homeland Securin sun 12"? Street. sw \R'ashington. DC 2(1536 US. Immigration and Customs Enforcement MEMORANDUM FOR: Christopher Shanahan Field Of?ce Director 1! I F. IJ FROM: Assistant Director for Custody Management SUBJECT: Hudson County .lail Annual Review The annual review ol?the Hudson County Jail conducted on .lanuary lit-20, 20l2. in Kearny. NJ has been received. A linal rating of Meets Standards has been assigned and this review is closed. The rating was based on the Lead Compliance Inspector Summary Memorandum and supporting documentation. The Field Office Director must initiate the thilou-ing actions in accordance with the Detention helanagemenl Control Program (DMCF): l) The icld Of?ce Director. linl'orccment and Removal Operations. shall notify the facility within ?ve business days ofreceipt ofthis memorandum. Noti?cation shall include copies ol'the Form Detention Facility Review Form. the (1-3249; Worksheet, Summary I and a copy oi?this memorandum. Should you or "our stal?i?haye any questions regarding this matter. please contact Deputy Assistant Director. Custody Management Division at (202) c) cc: Of?cial File FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) . ICE 2012FOIA03030.007892 Condition of Confinement Inspection Worksheet (This document must be attached to each G-324A Detention Review Form) This Form is to be used for Inspections of Facilities used over 72 Hours Performance-Based National Detention Standards Inspection Worksheet for Over 72 Hour Facilities 5-11-09 update Name Intergovernmental Service Agreement (IGSA) ICE Service Processing Center (SPC) ICE Contract Detention Facility (CDF) Hudson County Department of Corrections Address (Street and Name) 30-35 South Hackensack Ave City, State and Zip Code Kearny, New Jersey 07032 County Hudson Name and Title of Chief Executive Officer (Warden/Superintendent/Facility Administrator) (b)(6), (b)(7)(c) Director Name and Title of Lead Compliance Inspector (b)(6), (b)(7)(c) Date[s] of Review From 1/18/2012 to 1/20/2012 Type of Review Headquarters Operational Special Assessment Other 1 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007893 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 Introduction to the G324A Over 72hour Facility Detention Inspection Worksheets What is “Performance-Based”? Unlike “policy and procedures” that focus solely on what is to be done, performance-based policy starts with a focus on the results or outcomes that the required procedures are expected to accomplish. Each National Detention Standard has been revised to produce Expected Outcomes that are clearly stated. Each standard reflects the overall mission and purpose of the agency and contributes to the goal that has been articulated. Expected Practices found in the National Detention Standards (NDS) represent what is to be done to accomplish the Expected Outcomes that will meet the Purpose and Scope of the Detention Standard. Outcome Measures (key indicators) are identifiers used to verify whether a facility is accomplishing the goals, of the outcomes expected. The original 38 NDS have been revised into 41 performance-based standards. During the development four new standards were added to include: News Media, Searches of Detainees, Sexual Abuse and Assault Prevention and Intervention and Staff Training. The two standards on Special Management Units were condensed into one standard. The new performance-based standards have incorporated American Correctional Association (ACA) Adult Local Detention Facility standards, which are the industry benchmark. Worksheet Overview There are two sets of Detention Review Worksheets that are used to assess facility compliance with the National Detention Standards (NDS). Both sets of these worksheets are derived from the policy and procedures set forth in the NDS. The G324A is for use with facilities that house detainees for over 72 hours, while the G324B is for use with facilities that house detainees for less than 72 hours. The G324B is for use with facilities that house detainees less than 72 hours and does not contain the same amount of requirements as the G324A in the following NDS: Correspondence and Other Mail, Escorted Trips for Non-Medical Emergencies, Law Libraries and Legal Material, Legal Rights Group Presentations, Marriage Requests, Recreation, and Voluntary Work Program. These standards were not included in the prior version of the G324B, due to the short term nature of detention in facilities that are used for 72 hours or less. These sections are now included in the G324B but only to the extent that facilities seek applicability and are not mandated by ICE. For example, voluntary work programs are not required, but if detainees work, compliance with the NDS is required. Mandatory components in several of the standards have been indicated in the worksheets. Mandatory items are those which must be met in order for the facility to receive a “Meets Standards” rating for that standard. These mandatory components typically represent life safety issues. A “Does Not Meet Standards” on one of these components is very serious. Failing to meet one of the mandatory components means that the overall facility review rating will be “Does Not Meet Standards”. 2 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007894 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 The Outcome Measures Worksheet section is completely new for the performance-based NDS. The Outcome Measures Worksheets will be completed by facility staff prior to arrival of the review team at the facility to be reviewed. Ideally, this information will be maintained on a continuous basis by the facility as part of a key indicators database to provide a perpetual record for monitoring facility performance. The Reviewer in Charge (RIC) will review facility outcome measures data and provide analysis of the data to describe facility performance and trends. Worksheet Completion Reviewers are required to complete each item within each section of the G324A and G324B Detention Review Worksheets. Worksheets are in a uniform format with 5 columns with NDS purpose and scope cited at the top of the worksheet. Column 1 contains the NDS standard assessment component. Columns 2-4 are provided for the ratings assigned to each component that is assessed. While there is a column titled N/A or not applicable, the N/A rating should be used rarely and only when applicable. The remarks section is provided for reviewers to include details on each rating that may raise a question such as the “Does Not Meet Standard” or “N/A” ratings. A Remarks section is also provided at the end of the outcome measures section for summary comments and analysis of outcome measures data. The information included in the worksheet components remarks sections and in the final summary remarks section should be considered for inclusion in the reviewer report that summarizes the overall facility review process. Outcome Measures Completion The Outcome Measures Worksheets will be completed by facility staff prior to arrival of the review team. Ideally, this information will be maintained on a continuous basis by the facility as part of a key indicators database to provide a perpetual record for monitoring facility performance. Data should be verified as accurate by the facility before including it in the database. Outcome measure data is intended to assess facility issues related to the NDS, so care should be taken to focus on ICE related issues. For example when computing the average daily population (ADP), assess and provide information on the ICE population. The RIC will review facility outcome measures data and provide analysis of the data to describe facility performance and trends. In a few instances outcome measures are not provided for some the NDS because after careful consideration of the standard the assessment process has been determined to be more process oriented in nature. 3 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007895 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 Table of Contents SECTION I – SAFETY Emergency Plans Environmental Health and Safety Transportation (By Land) SECTION II – SECURITY Admission and Release Classification System Contraband Facility Security and Control Funds and Personal Property Hold Rooms in Detention Facilities Key and Lock Control Population Counts Post Orders Searches of Detainees Sexual Abuse and Assault Prevention and Intervention Special Management Units Staff-Detainee Communication Tool Control Use of Force and Restraints SECTION III – ORDER Disciplinary System SECTION IV – CARE Food Service Hunger Strikes Medical Care Personal Hygiene Suicide Prevention and Intervention Terminal Illness, Advance Directives, and Death SECTION V – ACTIVITIES Correspondence and Other Mail Escorted Trips for Non-Medical Emergencies Marriage Requests Recreation Religious Practices Telephone Access Visitation Voluntary Work Program SECTION VI – JUSTICE Detainee Handbook Grievance System Law Libraries and Legal Material Legal Rights Group Presentations SECTION VII – ADMINISTRATION & MANAGEMENT Detention Files News Media Interviews and Tours Staff Training Transfer of Detainees 4 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007896 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 Performance-Based National Detention Standards Section I SAFETY 1 2 3 Emergency Plans Environmental Health and Safety Transportation (By Land) 5 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007897 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 1. No Detainee or detainee groups exercise control or authority over other detainees. 2. Detainees are protected from: • Personal abuse • Corporal punishment • Personal injury • Disease • Property damage • Harassment from other detainees 3. Staff is trained to identify signs of detainee unrest. • What type of training and how often? 4. Staff effectively disseminates information on facility climate, detainee attitudes, and moods to the Facility Administrator. N/A Does Not Meet Standard Components Meets Standard PART 1 – 1. EMERGENCY PLANS This Detention Standard ensures a safe environment for detainees and employees by having in place contingency plans to quickly and effectively respond to any emergency situations that arise and to minimize their severity. Remarks There are no written policies available which specifically outline the requirements of this component. However, the Training and Administrative Lieutenants stated that new officers are trained in the academy to manage detainees in a manner where detainees do not exercise control over other detainees. The officers are assigned throughout the institution where detainees are present. Officers are trained to be alert and to protect detainees from personal abuse, harassment and other issues identified in this component. The Training Lieutenant stated the officers receive training in the academy that teaches them how to watch for signs of detainee unrest. Specifically, officers are trained in identifying when detainees are preparing for a disturbance or other major types of incidents such as a food strike or passive/resistance disturbance. Non-uniformed staff receives up to three days of new employee institutional familiarization before they are permitted to work with detainees. Refresher training is provided annually. All staff are required to report any unusual detainee activity to their supervisor. Administrative staff reviews the daily logs for pertinent information and reported trends each work day. 6 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007898 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 1 – 1. EMERGENCY PLANS This Detention Standard ensures a safe environment for detainees and employees by having in place contingency plans to quickly and effectively respond to any emergency situations that arise and to minimize their severity. Remarks 5. There is a designated person or persons responsible for emergency plans and their implementation. Sufficient time is allotted to the person or group for development and implementation of the plans. The institution has developed a Special Operations Group (SOG) team. This fifteen member team is trained to respond to all major emergencies and calculated use of force incidents. The team receives 16 hours minimum of training per month. The response of the facility is to contain the emergency as much as possible and notify the SOG team to respond. 6. Each emergency plan is assigned a number and is strictly accounted for. A list identifying the location of each emergency plan is maintained by the Chief of Security or equivalent. There are no specific or individual emergency plans. Plans are incorporated into the facility policies. Therefore, there is no means available to account for each plan. 7. All staff receives training in the emergency plans during their orientation training as well as during their annual training. Staff are trained in the academy and annual refresher training on emergency plans and associated incidents. 8. The General Section of the emergency plans discusses alternate routes to the facility for staff to use in the event the primary route is impassable. The facility policy outlines the steps for evacuating detainees from the facility in the event of a fire but does not outline alternate plans for staff to use to get to the facility. 9. The plans address the following issues: The plans are not separated and are incorporated into the facility policies. The intent of this component is met in that only staff can access and review policy. The plans (policies) have not been reviewed/updated since November 2010. With the current project to place policies into an electronic format, the Director has approved the current policies until the completion of this project. • Confidentiality • Accountability (copies and storage locations) • Annual review procedures and schedule • Revisions 10. Contingency plans include a comprehensive general section with procedures applicable to most emergency situations, including procedures for handling detainees with special needs. The facility has a policy which outlines specific procedures applicable to most emergency responses. There are procedures in policy for handling detainees with special needs. 7 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007899 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 1 – 1. EMERGENCY PLANS This Detention Standard ensures a safe environment for detainees and employees by having in place contingency plans to quickly and effectively respond to any emergency situations that arise and to minimize their severity. Remarks 11. Contingency plans include a procedure for notification of neighbors residing in close proximity to the facility. This component is only applicable to SPCs and CDFs and is not applicable to IGSAs. The facility is situated in an industrial complex section of the city. There are no written procedures in place to notify any individuals in close proximity to the facility. 12. The facility has cooperative contingency plans with applicable: This component is only applicable to SPCs and CDFs and is not applicable to IGSAs. The facility works closely with the Hudson County Sheriff's Office and other local law enforcement agencies. However, the facility could not provide documentation showing any Memorandums of Understanding or mutual aid. • Local law enforcement agencies • State agencies • Federal agencies 13. The facility conducts mock emergency exercises with agencies or departments with which they share mutual aid agreements and Memoranda of Understandings. The exercises should test specific emergency plans to assess their effectiveness. This component is only applicable to SPCs and CDFs and is not applicable to IGSAs. All emergency response drills are done by the SOG team. They receive monthly mandatory training on various emergencies. 14. All staff receives copies of the Facility Hostage policy and procedures. This component is only applicable to SPCs and CDFs and is not applicable to IGSAs. There is hostage training provided in the academy (for uniformed staff) and through institution familiarization for new (nonuniformed) employees. 15. This component is only applicable to SPCs and CDFs and is not applicable to IGSAs. The facility does not have any specific instructions for screening former hostages within a specific time frame once released from captivity. (b)(7)e Within 24 hours after release, hostages are screened for medical and psychological effects. (b)(7)e 8 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007900 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 1 – 1. EMERGENCY PLANS This Detention Standard ensures a safe environment for detainees and employees by having in place contingency plans to quickly and effectively respond to any emergency situations that arise and to minimize their severity. Remarks 16. The facility maintains a list of translator services in the event one is needed during a hostage crisis. This component is only applicable to SPCs and CDFs and is not applicable to IGSAs. The ICE language line is available in the event of an emergency. The facility has numerous bilingual staff who speak various eastern European and Spanish languages. 17. Emergency plans include emergency medical treatment for staff and detainees during and after an incident. This component is only applicable to SPCs and CDFs and is not applicable to IGSAs. Medical staff are present in the facility 24-hours per day. Medical staff receives training in emergency responses. The facility uses a fivetiered emergency alarm system. One phase of this system is for medical emergencies. The Administrative Lieutenant states there are outside resources available in the event of a major emergency with multiple casualties. 18. The Food Service Department maintains at least 3days’ worth of emergency meals for staff and detainees. This component is only applicable to SPCs and CDFs and is not applicable to IGSAs. The food service department indicated there is approximately one week’s worth of food at all times on site. 19. Written plans illustrate locations of shut-off valves and switches for utilities (water, gas, electric). This component is only applicable to SPCs and CDFs and is not applicable to IGSAs. The facility does not have any written emergency plans or instructions that illustrate utility shut-off valves or switches. 20. Written plans include a Staff Work Stoppage procedure. This procedure is available for limited supervisory review. There is a facility policy covering the steps to take in the event of a staff work stoppage. 9 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007901 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 1 – 1. EMERGENCY PLANS This Detention Standard ensures a safe environment for detainees and employees by having in place contingency plans to quickly and effectively respond to any emergency situations that arise and to minimize their severity. Remarks 21. (MANDATORY) Written procedures cover: • Work/Food Strike • Fire • Environmental Hazard • Detainee Transportation System Emergency • ICE-wide Lockdown • Staff Work Stoppage • Disturbances • Escapes • Bomb Threats • Adverse Weather • Internal Searches • Facility Evacuation • Detainee Transportation System Plan • Hostages (Internal) • Civil Disturbances Written plans are available for a work/food strike, staff work stoppage, escapes, bomb, riot, fire, and disturbances. The SOG trains in responding to all emergencies. 22. The Emergency Plans specify a procedure for postemergency debriefings and discussions. There is a structured command center outlined in the emergency plans for the facility. It is staffed by key institution staff and postemergency debriefings are conducted by administrative and outside law enforcement officials. PART 1 – 1. EMERGENCY PLANS Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) Emergency preparedness is part of the initial orientation and correctional officer academy training provided to all new staff. Staff are not trained annually on the facility’s emergency preparedness except for the 15-member SOG team. Staff receives training in identifying signs of mounting tension among the detainee population during their initial academy and institution orientation. The emergency plans are incorporated into the facility policies and are not independently separated for quick reference in the event of an emergency. The facility relies heavily on the response from the SOG team to all emergencies. All staff are trained to contain an emergency incident until the arrival of supervisors and the SOG team. Video cameras are not available for the recording of emergencies. The facility has indicated there are cameras on order awaiting authorization. There are cameras throughout the institution that are recording events in the facility around the clock. (b)(6), (b)(7)(c) 01/20/2012 10 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007902 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 Reviewer’s Signature / Date 1. (MANDATORY) The facility has a system for storing, issuing, and maintaining inventories of hazardous materials. 2. Constant inventories are maintained for all flammable, toxic, and caustic substances used/stored in each area of the facility. 3. The manufacturer’s Material Safety Data Sheet (MSDS) file is up-to-date for every hazardous substance used. • The files list all storage areas, and include a plant diagram and legend. • The MSDSs and other information in the files are available to personnel managing the facility’s safety program. 4. All personnel using flammable, toxic, and/or caustic substances follow the prescribed procedures: • Wear personal protective equipment. • Report hazards and spills to the designated official. 5. The MSDS are readily accessible to staff and detainees in the work areas. 6. Hazardous materials are always issued under proper supervision. • Quantities are limited. • Detainees are trained. • Staff always supervises detainees using these substances. 7. All "flammable” and “combustible" materials (liquid and aerosol) are stored and used according to label recommendations. N/A Does Not Meet Standard Components Meets Standard PART 1 – 2. ENVIRONMENTAL HEALTH AND SAFETY This Detention Standard protects detainees, staff, volunteers, and contractors from injury and illness by maintaining high facility standards of cleanliness and sanitation, safe work practices, and control of hazardous substances and equipment. Remarks Accurate inventories are maintained for hazardous chemicals. Inventories in food service and mechanical services were accurate. Flammable cabinets were checked and found to be accurate. A master index of hazardous chemicals in the facility is available in the Maintenance Supervisor's Office; however, this file does not contain a comprehensive, up-to-date list of emergency phone numbers nor plant diagram. Personal protective equipment is available. Spill containment is used where bulk chemicals are stored and dispensed. Material Safety Data Sheets are available in food service and housing units. Detainees in the dorm areas are issued diluted chemicals for cleaning purposes. Detainees do not use hazardous chemicals. Flammables are stored in approved flammable cabinets. 8. Lighting fixtures and electrical equipment are installed in storage rooms and other hazardous areas and meet the National Electrical Code requirements. 9. All toxic and caustic materials stored in their original containers in a secure area. Chemicals are stored in their original containers in locked storage areas 10. Excess flammables, combustibles, and toxic liquids are disposed of properly in accordance with MSDS. No disposal of these types of flammables, combustibles, and toxic liquids were noted during this inspection. 11 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007903 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 11. Staff directly supervise and account for products with methyl alcohol. Staff receives a list of products containing diluted methyl alcohol, for example, shoe dye. All such products are clearly labeled as such. "Accountability" includes issuing such products to detainees in the smallest workable quantities. N/A Does Not Meet Standard Components Meets Standard PART 1 – 2. ENVIRONMENTAL HEALTH AND SAFETY This Detention Standard protects detainees, staff, volunteers, and contractors from injury and illness by maintaining high facility standards of cleanliness and sanitation, safe work practices, and control of hazardous substances and equipment. Remarks No products containing methyl alcohol were noted during this review. 12. Every employee and detainee using flammable, toxic, or caustic materials receives advanced training, in accordance with OSHA standards, in their use, storage, and disposal. Right to Know Act Training is provided for all staff. Detainees were not assigned to the Food Service Department during this review. Only diluted non-hazardous chemicals are used in the units for cleaning purposes. 13. (MANDATORY) The facility complies with the most current edition of applicable codes, standards, and regulations of the National Fire Protection Association (NFPA) and the Occupational Safety and Health Administration (OSHA). The facility is fully equipped with a fire detection and suppression system. The annual inspection of the facility was completed on December 1, 2011 by the Hudson County Fire Marshal. 14. A technically qualified staff member conducts fire and safety inspections. Fire and safety inspections/reporting are not being conducted by a qualified individual as required by NFPA-101. Weekly fire and safety inspections by qualified departmental staff are not being conducted. 15. The Safety Office (or officer) maintains files of inspection reports, including corrective actions taken. Documentation is not available indicating the Safety Office is maintaining inspection reports, including corrective action that is taking place. 12 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007904 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 16. (MANDATORY) The facility has an approved fire prevention, control, and evacuation plan. N/A Does Not Meet Standard Components Meets Standard PART 1 – 2. ENVIRONMENTAL HEALTH AND SAFETY This Detention Standard protects detainees, staff, volunteers, and contractors from injury and illness by maintaining high facility standards of cleanliness and sanitation, safe work practices, and control of hazardous substances and equipment. Remarks The facility does not have a comprehensive fire control plan that has been approved by the authority having jurisdiction. During this review, a memorandum was received from the County Fire Marshal dated January 19, 2012 instructing the facility to continue utilizing the current policy on Fire Drill/Safety until such time as the electronic policies are ready for review. While this memorandum is not an approved fire plan, it does instruct the facility to continue with the existing plan until the facility plan can be reviewed, thereby providing an interim approval. 17. The plan requires: • Monthly fire inspections. • Fire protection equipment strategically located throughout the facility. • Public posting of emergency plan with accessible building/room floor plans. • Exit signs and directional arrows. • An area-specific exit diagram conspicuously posted in the diagrammed area. Monthly fire inspections are not conducted. Several posted areaspecific exit diagrams do not include Spanish instructions, location of emergency equipment or "you are here" wordage. 18. Fire drills are conducted and documented quarterly in all facility locations including the administrative area. Monthly fire drills are conducted in all areas of the facility on a rotating basis to assure all shifts participate in a drill on an annual basis, but this is not all areas on a quarterly basis. Additionally, emergency keys are not drawn and used to unlock one set of emergency exit doors not in daily use. NFPA recommends a limit of four and one half minutes for drawing keys and unlocking emergency doors. 19. A sanitation program covers barbering operations. Sanitation instructions and requirements are outlined by the certified barber who instructs the detainees who cut hair. 13 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007905 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 1 – 2. ENVIRONMENTAL HEALTH AND SAFETY This Detention Standard protects detainees, staff, volunteers, and contractors from injury and illness by maintaining high facility standards of cleanliness and sanitation, safe work practices, and control of hazardous substances and equipment. Remarks 20. The barbershop has the facilities and equipment necessary to meet sanitation requirements. Disinfectants and neck straps are available. Haircuts are given in the housing units by detainees that have received training from a certified barber. However, the housing units do not have all of the facilities and equipment necessary to meet the sanitation requirements. 21. The sanitation standards are conspicuously posted in the barbershop. Barbershop Sanitation Regulations are not posted in the housing units where a haircut is given. 22. Written procedures regulate the handling and disposal of used needles and other sharp objects. Facility policy outlines these procedures. 23. All items representing potential safety or security risks are inventoried and a designated individual checks this inventory weekly. Inventories were checked and found to be accurate and in compliance with this component. 24. Standard cleaning practices include: • Using specified equipment; disinfectants and detergents. cleansers; • An established schedule of cleaning and follow-up inspections. 25. Spill kits are readily available. Standard cleaning practices and established schedules are outlined in facility policy. Spill kits are available in the medical department. 26. A licensed medical waste contractor disposes of infectious/bio-hazardous waste. 27. Staff is trained to prevent contact with blood and other body fluids and written procedures are followed. Training records document that staff receive this training. 28. Do the methods for handling/disposing of refuse meet all regulatory requirements? 29. A Licensed/Certified/Trained pest-control professional inspects for rodents, insects, and vermin. • At least monthly. • The pest-control program includes preventive spraying for indigenous insects. 30. Drinking water and wastewater is routinely tested according to a fixed schedule. Pest control procedures are conducted on a weekly basis. Potable water is furnished by the Town of Kearny and the testing is conducted by the city, not the facility. 14 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007906 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 31. Emergency power generators are tested at least every two weeks. • Other emergency systems and equipment receive testing at least quarterly. • Testing is followed-up with timely corrective actions (repairs and replacements). N/A Components Does Not Meet Standard Meets Standard PART 1 – 2. ENVIRONMENTAL HEALTH AND SAFETY This Detention Standard protects detainees, staff, volunteers, and contractors from injury and illness by maintaining high facility standards of cleanliness and sanitation, safe work practices, and control of hazardous substances and equipment. Remarks There are four emergency generators that are tested weekly and under load monthly. However, the fire detection/suppression system is not inspected/tested on a quarterly basis as required by NFPA 25 and NFPA 72. 32. The Facility appears clean and well maintained. 33. Hazardous material storage rooms meet the security and structural requirements of the standard. Storage cabinets meet the physical requirements specified in the standard. 34. The Health Services Administrator has implemented a program supporting a high level of environmental sanitation. 35. The Health Services Administrator conducts medicalfacility inspections daily. Each inspection includes noting the condition of floors, walls, windows, horizontal surfaces, and equipment. Documentation is not available indicating this inspection is being completed. 36. The assigned staff member shall: Conduct special investigations and comprehensive surveys of environmental health conditions, and provide advisory, consultative, inspection, and training services regarding environmental health conditions. Fire and safety inspections/reporting are not being conducted by a qualified individual as required by NFPA-101 37. The assigned staff member is responsible for developing and implementing policies, procedures, and guidelines for the environmental health program. These guidelines are intended to evaluate and eliminate or control as necessary, sources of injuries and modes of transmission of agents or vectors of communicable diseases. The facility has developed policies, procedures and guidelines for the environmental health program. 38. Environmental health and safety conditions shall be maintained at a level that meets recognized standards of safety and hygiene, including those from the: • American Correctional Association, • Occupational Safety and Health Administration, • Environmental Protection Agency, • Food and Drug Administration, • National Fire Protection Association's Life Safety Code, and • National Center Prevention. for Disease Control and PART 1 – 2. ENVIRONMENTAL HEALTH AND SAFETY 15 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007907 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) The facility does have a system for maintaining an accurate inventory of chemicals. Several inventories were spotchecked and found to be accurate. Material Safety Data Sheets are available throughout the facility and spot checks indicated they are current. A master index of hazardous chemicals in the facility is maintained in the Maintenance Supervisor's Office; however, this file does not contain a comprehensive, up-to-date list of emergency phone numbers nor plant diagram. No documentation could be found that indicated weekly fire and safety inspections by qualified departmental staff members are being conducted. Additionally, fire and safety inspections/reporting are not being conducted by a qualified individual as required by NFPA-101. The facility does not have a comprehensive fire control plan that meets NFPA requirements which has been approved by the authority having jurisdiction. During this review, a memorandum was received from the County Fire Marshal dated January 19, 2012 instructing the facility to continue utilizing the current policy on Fire Drill/Safety until such time as the electronic policies are ready for review. While this is not an approved comprehensive fire control plan, it does provide the facility the authority to continue with their existing plan until such time as the plan can be approved, thereby providing an interim approval. Several area-specific exit diagrams do not in include Spanish instructions, location of emergency equipment or "you are here" wordage. A review of logs in the control center indicates the facility is conducting fire drills on a monthly basis. However, during the drills, emergency keys are not drawn and used to unlock one set of emergency exit doors not in daily use. NFPA recommends a limit of four and one half minutes for drawing keys and unlocking emergency doors. Haircuts are given in the housing units. Detainees who give haircuts are trained by a local barber who has left basic hair cutting instructions in writing. Recognized Barbershop Sanitation Regulations are not posted in the housing units where the haircuts are given. There are four emergency generators that are tested weekly and one a month under load. The fire detection/suppression system is tested annually; however, quarterly testing is not completed as required by NFPA 25 and NFPA 72. The Health Services Administrator does not conduct daily inspections as required by this standard. Sanitation within the housing units appeared to be good; however, common areas and hallways throughout the facility need additional cleaning efforts. Water temperatures taken in dorm areas were found to be incompliance at 118 degrees. 01/20/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 16 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007908 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 1 – 3. TRANSPORTATION (BY LAND) This Detention Standard prevents harm to the general public, detainees, and staff by ensuring that vehicles are properly equipped, maintained, and operated and that detainees are transported in a secure, safe and humane manner, under the supervision of trained and experienced staff. Standard NA: Check this box if all ICE Transportation is handled only by the ICE Field Office or Sub-Office in control of the detainee case. Remarks 1. Transporting officers comply with applicable local, state, and federal motor vehicle laws and regulations. Records support this finding of compliance. 2. Every transporting officer required to drive a commercial size vehicle has a valid Commercial Driver's License (CDL) issued by the state of employment. 3. Supervisors maintain records for each vehicle operated. 4. Documentation indicating annual inspection of vehicles and annual inspection in accordance with state statutes is available for review. 5. Documentation indicating safety repairs are completed immediately and vehicles are not used until they have been repaired and inspected is available for review. 6. Officers use a checklist during every vehicle inspection. • Officers report deficiencies affecting operability. • Deficiencies are corrected before the vehicle goes back into service. 7. Transporting officers: • Limit driving time to 10 hours in any 15 hour period when transporting detainees. • Drive only after eight consecutive off-duty hours. • Do not receive transportation assignments after having been on duty, in any capacity, for 15 hours. • Drive a 50-hour maximum in a given work week; a 70-hour maximum during eight consecutive days. • During emergency conditions (including bad weather), officers may drive as long as necessary to reach a safe area−exceeding the 10-hour limit. 8. (b)(7)(e)officers with valid Commercial Drivers Licenses, (CDL’s) required in any vehicle transporting detainees. • When buses travel in tandem with detainees, there are(b)(7)(e)qualified officers per vehicle. • An unaccompanied driver transports an empty vehicle. 9. The transporting officer inspects the vehicle before the start of each detail. 10. Positive identification of transported is confirmed. all detainees being 17 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007909 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 1 – 3. TRANSPORTATION (BY LAND) This Detention Standard prevents harm to the general public, detainees, and staff by ensuring that vehicles are properly equipped, maintained, and operated and that detainees are transported in a secure, safe and humane manner, under the supervision of trained and experienced staff. Standard NA: Check this box if all ICE Transportation is handled only by the ICE Field Office or Sub-Office in control of the detainee case. Remarks 11. All detainees are searched immediately prior to boarding the vehicle by staff controlling the bus or vehicle. 12. The facility ensures that the number of detainees transported does not exceed the vehicle manufacturer’s occupancy level. 1 (b)(7)e 14. The vehicle crew conducts a visual count once all passengers are on board and seated. • Additional visual counts are made whenever the vehicle makes a scheduled or unscheduled stop. 15. Policies and procedures are in place addressing the use of restraining equipment on transportation vehicles. 16. Officers ensure that no one contacts the detainees. remains in the vehicle at all times (b)(7)e when detainees are present. 17. Meals are provided during long distance transfers. • The meals meet the minimum dietary standards, as identified by dieticians utilized by ICE. 18. The vehicle crew inspects all Food Service meals before accepting delivery (food wrapping, portions, quality, quantity, thermos-transport containers, etc.). • Before accepting the meals, the vehicle crew raises and resolves questions, concerns, or discrepancies with the Food Service representative. • Basins, latrines, and drinking-water, containers, dispensers are cleaned and sanitized on a fixed schedule. 19. Vehicles have: (b)(7)e 20. The vehicles are clean and sanitary at all times. 18 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007910 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 1 – 3. TRANSPORTATION (BY LAND) This Detention Standard prevents harm to the general public, detainees, and staff by ensuring that vehicles are properly equipped, maintained, and operated and that detainees are transported in a secure, safe and humane manner, under the supervision of trained and experienced staff. Standard NA: Check this box if all ICE Transportation is handled only by the ICE Field Office or Sub-Office in control of the detainee case. Remarks 21. Personal property of a detainee transferring to another facility: • Is inventoried. • Is inspected. • Accompanies the detainee. 22. The following contingencies are included in the written procedures for vehicle crews: • Attack • Escape • Hostage-taking • Detainee sickness • Detainee death • Vehicle fire • Riot • Traffic accident • Mechanical problems • Natural disasters • Severe weather • Passenger list is not exclusively men or women or minors PART 1 – 3. TRANSPORTATION (BY LAND) Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) All ICE detainee transportation is conducted by ICE. / 01/20/2012 (b)(6), (b)(7)(c) Reviewer’s Signature / Date 19 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007911 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 Performance-Based National Detention Standards Section II SECURITY 4 Admission and Release 5 Classification System 6 Contraband 7 Facility Security and Control 8 Funds and Personal Property 9 Hold Rooms in Detention Facilities 10 Key and Lock Control 11 Population Counts 12 Post Orders 13 Searches of Detainees 14 Sexual Abuse and Assault Prevention and Intervention 15 Special Management Units 16 Staff-Detainee Communication 17 Tool Control 18 Use of Force and Restraints 20 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007912 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 1. Admission processing includes an orientation of the facility. The orientation includes; unacceptable activities and behavior, and corresponding sanctions. How to contact ICE. The availability of pro-bono legal services and how to pursue such services. Schedule of programs, services, daily activities, including visitation, telephone usage, mail service, religious programs, count procedures, access to and use of the law library and the general library; sick-call procedures, and the detainee handbook. N/A Does Not Meet Standard Components Meets Standard PART 2 – 4. ADMISSION AND RELEASE This Detention Standard protects the community, detainees, staff, volunteers, and contractors by ensuring secure and orderly operations when detainees are admitted to or released from a facility. Remarks According to the ICE Senior Immigration Enforcement Agent (SIEA), the formal orientation is provided to all ICE detainees at the Varick Street Facility in New York City prior to their transfer to this facility. ICE staff interviewed indicated that ICE detainees are given a complete orientation and they are provided with a copy of the ICE National Detainee Handbook at the Varick Street Facility in New York City. Upon their arrival at this facility detainees are allowed to watch an orientation video that is in both English and Spanish. The requirement to provide an orientation to all detainees that includes unacceptable activities and behavior and corresponding sanctions, or how to contact ICE or pro-bono services is not applicable to IGSAs. The requirement for detainee orientation to provide a schedule of programs, services, daily activities, visitation, telephone usage, mail service, religious programs, count procedures, access to and use of the law library, the general library and sick call procedures is not applicable to IGSAs. However, at this facility all of the above information is provided in the facility handbook which is given to each detainee upon their arrival at this facility and it is explained in an orientation video that is played at 9:00AM each morning in each housing unit. 21 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007913 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 2 – 4. ADMISSION AND RELEASE This Detention Standard protects the community, detainees, staff, volunteers, and contractors by ensuring secure and orderly operations when detainees are admitted to or released from a facility. Remarks 2. Medical screenings are performed by medical staff or persons who have received specialized training for the purpose of conducting an initial health screening. The initial medical screening is completed by medical staff at the Varick Street Facility in New York City prior to the detainee's transfer to this facility. Detainees are transferred to this facility from Varick Street within twelve (12) hours of their arrival at Varick Street according to the ICE SIEA. Upon the detainee's arrival at this facility another initial health screening is completed by a staff member who has been trained on how to ask the questions on the medical screening form. 3. When available, accompanying documentation is used to identify and classify each new arrival. In SPCs and CDFs, new detainees shall remain segregated from the general population during the orientation and classification period. All detainees are identified and classified at the Varick Street Facility prior to their transfer to this facility. The detainees have the documentation from Varick Street needed to identify the detainee upon their arrival at this facility. The requirement to have all new detainee arrivals segregated from the general population during the orientation and classification period is not applicable to IGSAs. However, upon the detainee's arrival at this facility, they are sent to the appropriate classification housing unit and are not kept separate because they have already been identified and classified at Varick Street. This includes detainees that have protective custody needs or those that need to be placed in Administrative Segregation due to custody concerns. 22 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007914 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 2 – 4. ADMISSION AND RELEASE This Detention Standard protects the community, detainees, staff, volunteers, and contractors by ensuring secure and orderly operations when detainees are admitted to or released from a facility. Remarks 4. All new arrivals are searched in accordance with the “Detainee Search” standard. An officer of the same sex as the detainee conducts the search and the search is conducted in an area that affords as much privacy as possible. According to facility policy an officer of the same sex as the detainee conducts the search and the searches consist of "pat down" and the detainee is afforded as much privacy as possible. Men and women detainees are kept separate from one another during the admissions process. 5. Detainees are subjected to a strip search only when reasonable suspicion has been established and not as routine policy. Non-criminal detainees are never subjected to a strip search but are patted down unless cause or reasonable suspicion has been established. All strip searches are documented on G-1025, or equivalent, with proper supervisory approval. ICE detainees are only stripped searched when there is reasonable suspicion. At this facility, in keeping with PBNDS, strip searches are conducted when there has been a contact visit or when the detainee is returning from outside the facility, such as a court appearance, because the detainee has had in these situations an opportunity to conceal contraband. However, normal, routine searches consist of pat downs. The requirement to document all strip searches on a G-1025 or equivalent, with proper supervisory approval is not applicable to IGSAs and at this facility if a strip search is conducted it is documented. 6. The “Contraband” standard governs all personal property searches. IGSAs and CDFs use or have a similar contraband standard. Staff prepares a complete inventory of each detainee’s possessions. The detainee receives a copy. All identity documents are inventoried and given to ICE staff for placement in the A-file. All funds and valuables are safeguarded in accordance with ICE Policy. 7. Staff completes Form I-387 or similar form for CDFs and IGSAs for every lost or missing property claim. Facilities forward all I-387 claims to ICE. At this facility all of the detainee's possessions are inventoried upon their arrival at this facility. All identity documents are given to ICE staff, according to the ICE SIEA for placement in the detainee's A-file. According to facility staff and the ICE SIEA, if the missing or lost property was logged at Varick Street prior to the detainee's transfer to this facility, then the claim is forwarded to ICE. If the missing or lost property was logged by staff at this facility, then the facility deals with the missing property. 8. Detainees are issued appropriate and sufficient clothing and bedding for the climatic conditions. 23 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007915 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 2 – 4. ADMISSION AND RELEASE This Detention Standard protects the community, detainees, staff, volunteers, and contractors by ensuring secure and orderly operations when detainees are admitted to or released from a facility. Remarks 9. All releases are coordinated with ICE. This component is only applicable to SPCs and CDFs. However, at this facility all releases are coordinated by ICE with the facility. 10. Staff completes paperwork/forms for release as required. According to facility staff and the ICE SIEA, ICE completes the forms for all ICE detainee releases and provides them to the facility. The facility completes its own local form for all releases, once they receive the appropriate forms from ICE. 11. Each detainee receives a receipt for personal property secured by the facility. Copies of the receipts for personal property were observed during this inspection. 12. The facility has a system to maintain accurate records and documentation for admission, orientation, and release. 13. ICE staff enters all information pertaining to release, removal, or transfer of all detainees into the Enforce Alien Detention Module (EADM) within 8 hours of action. This component is only applicable to SPCs and CDFs. However, even entries into the Enforce Alien Detention Module (EADM) can be made at this facility; these entries are routinely made at the Varick Street Facility according to the SIEA. 14. All orientation material shall be provided in English, Spanish, and other language(s) as determined by the Field Office Director. The orientation material in the facility detainee handbook is in English and Spanish. PART 2 – 4. ADMISSION AND RELEASE Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) Most of the admissions processing actually takes place at the Varick Street Facility in New York City. Detainees are transferred from the Varick Street Facility to this facility within twelve hours of their arrival at Varick Street. There is an additional admission processing that takes place at this facility, however, the medical screening as well as the classification is conducted at Varick Street. The A-files are generated and kept at Varick Street and are not transferred when the detainee is transferred to this facility. However, this facility does create a detention file as soon as the detainee arrives at this facility. 24 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007916 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 (b)(6), (b)(7)(c) 01/20/2012 Reviewer’s Signature / Date N/A Does Not Meet Standard Components Meets Standard PART 2 – 5. CLASSIFICATION SYSTEM This Detention Standard protects the detainees, staff, contractors, volunteers, and the community from harm, and contributes to orderly facility operations, by requiring a formal classification process for managing and separating detainees that is based on verifiable and documented data. Remarks 1. SPC and CDF facilities use the required Objective Classification System. IGSAs use an objective classification system or similar system for classifying detainees. The requirement to use the "Objective Classification System" is specific to SPCs and CDFs and is not applicable to IGSAs. However, a review of the classification form and the facility policy regarding classification indicates that an objective classification system is used to classify ICE detainees. 2. The facility classification system includes: ICE detainees are classified upon their admissions process at the Varick Street Facility and they are transferred to this facility within twelve hours of their arrival at the Varick Street Facility. Therefore, ICE detainees are not classified upon their arrival at this facility as they have already been classified. The classification forms are sent with the detainee to this facility and the classification forms were reviewed during this inspection. Detainees are immediately placed in the appropriate level housing unit upon their arrival at this facility; therefore, they do not have to be kept separated from one another because they have not been classified. The Varick Street classification is reviewed upon the arrival of the detainee at this facility and it can be changed by the classification committee which meets daily. • Classifying detainees upon arrival. • Separating individuals who cannot be classified upon arrival from the general population. • The first-line supervisor or designated classification specialist reviews every classification decision. 25 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007917 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 2 – 5. CLASSIFICATION SYSTEM This Detention Standard protects the detainees, staff, contractors, volunteers, and the community from harm, and contributes to orderly facility operations, by requiring a formal classification process for managing and separating detainees that is based on verifiable and documented data. Remarks 3. The intake/processing officer reviews work-folders, Afiles, etc., to identify and classify each new arrival. The intake/processing officer reviews the work-folder and all of the available documentation in the folder for each new detainee upon the detainee's arrival at this facility. An A-file is not available at this facility for the intake/processing officer to review because the A-file is retained at the Varick Street Facility. 4. Staff uses only information that is factual, and reliable to determine classification assignments. Opinions and unsubstantiated/ unconfirmed reports may be filed but are not used to score detainee classification. A review of the classification form during this inspection which is used to calculate the classification score indicates that only factual and reliable information is used to determine classifications for detainees. 5. Housing assignments are based on classificationlevel. Detainees are housed based upon their classification score at this facility. There is only one housing unit at this facility for females but this facility only houses level II and III female detainees. Any female detainee classified as a level I is transferred out of this facility. 6. A detainee's classification-level does not affect his or her recreation opportunities. Detainees recreate with persons of similar classification designations. According to the facility policy, the detainee's classification level does not affect the detainee's ability to recreate. 7. Detainee work assignments are based upon classification designations. 26 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007918 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 2 – 5. CLASSIFICATION SYSTEM This Detention Standard protects the detainees, staff, contractors, volunteers, and the community from harm, and contributes to orderly facility operations, by requiring a formal classification process for managing and separating detainees that is based on verifiable and documented data. Remarks 8. The classification process includes reassessment/ reclassification. The First Reassessment is to be completed 60 days to 90 days after the initial assessment. Subsequent reassessments are completed at 90 day to 120 day intervals. Special Reassessments are completed within 24 hours. The requirement to have subsequent classification reassessments completed at 90 to 120 day intervals is specific to SPCs and CDFs and is not applicable to IGSAs. If the detainee stays at this facility longer than 60 days subsequent classification actions may take place if needed but the facility policy does not require 90 and 120 day classifications. However, all detainees are re-classified 30 days after their arrival at this facility and according to the ICE, Supervisory Immigration and Enforcement Agent (SIEA) most detainees are transferred out of this facility within 60 days of their arrival. At this facility, Special Reassessments can be completed upon the identification for a reassessment. However, the facility policy does not address this requirement. 9. The classification system includes standard procedures for processing new arrivals' appeals. Only a designated supervisor or classification specialist has the authority to reduce a classificationlevel on appeal. The facility policy includes the ability for ICE detainees to appeal their classification designation. The requirement to only allow a designated supervisor or classification specialist to have the authority to reduce a classification level on appeal is specific to SPCs and CDFs and is not applicable to IGSAs. However, at this facility a classification committee meets every day and the committee includes a classification specialist and a supervisor. 10. Classification appeals are resolved w/in 5 business days. Detainees are notified of the outcome within 10 business days. The requirement to resolve an appeal within 5 business days is not applicable to IGSAs. However, at this facility classification appeals are resolved within 5 business days and the detainee is advised of the outcome within 10 business days. 27 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007919 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 2 – 5. CLASSIFICATION SYSTEM This Detention Standard protects the detainees, staff, contractors, volunteers, and the community from harm, and contributes to orderly facility operations, by requiring a formal classification process for managing and separating detainees that is based on verifiable and documented data. Remarks 11. Classification designations may be appealed to a higher authority such as the Facility Administrator or equivalent. This component is only specific to SPCs and CDFs and is not applicable to IGSAs. However, at this facility, a classification appeal may be sent to the facility director. 12. The Detainee Handbook or equivalent for IGSAs explains the classification levels, with the conditions and restrictions applicable to each. The facility handbook explains the classification levels. However, no restrictions are noted because all classification levels are given the same privileges and there are no differences in the restrictions. 13. In SPCs and CDFs detainees are assigned colorcoded uniforms and IDs to reflect classification levels. In IGSA’s a similar system is utilized for each level of classification. The requirement to assign a colorcoded uniform and IDs to reflect classification levels is specific to CDFs and SPCs and is not applicable to IGSAs. Detainees are not assigned color-coded uniforms at this facility. However, they are housed according to their classification levels. Level I's and II's can be housed in the same unit. Higher Level IIs and Level IIIs can be housed in the same housing unit. However, Level I's and III's cannot be housed in the same housing unit. This facility does not house Level I female detainees. Only Level II and III female detainees are housed at this facility and they are housed in the same housing unit. PART 2 – 5. CLASSIFICATION SYSTEM Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) All detainees are classified at the Varick Street Facility before being transferred to this facility. According to the ICE SIEA all ICE detainees are transferred to this facility within 12 hours. The classification forms used at Varick Street were reviewed during this inspection and they appear to rely on objective, factual information to classify each detainee. / 01/20/ 2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 28 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007920 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 2 – 6. CONTRABAND This Detention Standard protects detainees and staff and enhances facility security and good order by identifying, detecting, controlling, and properly disposing of contraband. Remarks 1. The facility follows a written procedure for handling contraband. Staff inventories, holds, and reports it when necessary to the proper authority for action/possible seizure. The requirement to have staff inventory, hold and report when necessary the holding of contraband for the proper authority to take action or seizure is not applicable to IGSAs and is specific to SPCs and CDFs. Staff perform inventories on all property received during the intake. If contraband is discovered within the housing units, it is confiscated and receipted to the detainee. 2. Contraband that is government property is retained as evidence for potential disciplinary action or criminal prosecution. This component is only applicable to SPCs and CDFs and is not applicable to IGSAs. If confiscated contraband is determined to be hard contraband, it is referred to an internal investigator to determine if charges will be placed on the detainee. Contraband is retained by the internal investigator to determine if administrative charges will be forthcoming. 3. Staff returns property not needed as evidence to the proper authority. Written procedures cover the return of such property. This component is only applicable to SPCs and CDFs and is not applicable to IGSAs. Detainees can receive property that has been confiscated if it is determined to be personal property. If the detainee is not permitted to retain this property, it will be given to the ICE representative to mail to a family member. 4. Altered property is destroyed following documentation and using established procedures. All altered government property is destroyed if it is not considered evidence. 29 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007921 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 2 – 6. CONTRABAND This Detention Standard protects detainees and staff and enhances facility security and good order by identifying, detecting, controlling, and properly disposing of contraband. Remarks 5. Before confiscating religious items, the Facility Administrator or designated investigator contacts a religious authority. This component is only applicable to SPCs and CDFs and is not applicable to IGSAs. There have been no reported instances of this occurring. However, the Administrative Lieutenant stated the Chaplains will be contacted to make a determination prior to confiscation. 6. Staff follows written procedures when destroying hard contraband that is illegal. Facility staff does not destroy any confiscated property. All confiscated property is given to an ICE agent for further disposition. 7. Hard contraband that is illegal (under criminal statutes) is retained and used for official use, e.g. training purposes. The requirement to retain hard contraband for official use such as training is not applicable to IGSAs and is only specific to SPCs and CDFs. Hard contraband is secured, if used for training and may also be secured for possible prosecution by the district attorney. All other soft contraband is given to ICE for mailing to family members or other disposition. • If yes, under specific circumstances and using specified written procedures. Hard contraband is secured when not in use. • Soft Contraband is mailed to a third party or stored in accordance with the Detention Standard on Funds and Personal Property. 8. Detainees receive notification of contraband rules and procedures in the Detainee Handbook and notified when property is identified and seized as contraband. Detainees receive a copy of the detainee handbook. They are provided with a receipt for contraband that is confiscated 9. Facilities with Canine Units only use them for contraband detection. Canines are only used for contraband detection. They are not used for force, control, or intimidation of detainees. PART 2 – 6. CONTRABAND Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) Detainees are provided with a copy of the handbook which outlines permissible property. The handbook also describes the meaning of contraband and the consequences for possessing it. Facility staff report there is minimal confiscation of contraband from the detainees. Canines are used for narcotics detection only. If the canines would be used in a housing unit, the detainees would first be removed from the unit. 30 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007922 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 Staff are required to consult the facility pharmacist or other medical staff when uncertain about whether a prescribed medication represents contraband and to verify if the medicine is theirs. 01/20/2012 (b)(6), (b)(7)(c) Reviewer’s Signature / Date 31 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007923 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 2 – 7. FACILITY SECURITY AND CONTROL This Detention Standard protects the community, staff, contractors, volunteers, and detainees from harm by ensuring that facility security is maintained and that events that pose a risk of harm are prevented. Remarks 1. The facility administrator or assistant administrator and department heads visit detainee living quarters and activity areas weekly. Facility administrative staff and their representatives visit the housing units regularly. 2. At least one male and one female staff are on duty where both males and females are housed. There is a sufficient number of female and male staff working in the facility at all times, on all shifts. 3. Comprehensive annual staffing analysis determines staffing needs and plans. The County administration determines the level of staffing based on the requested needs assessment, on an as needed basis, from the Director of the facility. 4. Essential posts and positions are filled with qualified personnel. Essential posts and positions are filled with qualified personnel. They are trained for approximately 16 weeks plus an additional two weeks of in-house training. New staff are on a one-year probationary period. 5. Every Control Center officer receives specialized training. The control center officer receives on-the-job training prior to being posted in the Central Control post. 6. Policy restricts staff access to the Control Center. This component is only applicable to SPCs and CDFs and is not applicable to IGSAs. The facility limits the personnel who are permitted into the control room to the supervisors and authorized individuals only. 7. Detainees do not have access to the Control Center. This component is not applicable to IGSAs and is only applicable to SPCs and CDFs. Detainees do not have access to this area. 8. Communications are centralized in the Control Center. IGSAs are not required to comply with this component. This facility maintains all radio communications through the control room. 32 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007924 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 2 – 7. FACILITY SECURITY AND CONTROL This Detention Standard protects the community, staff, contractors, volunteers, and detainees from harm by ensuring that facility security is maintained and that events that pose a risk of harm are prevented. Remarks 9. Facility security and safety will be monitored and coordinated by a secure, well-equipped, and continuously staffed control center. There are experienced, well-trained staff assigned to the control room around the clock. The officers must receive on-the-job training from senior staff before they are permanently assigned to this post. 10. The Control Center maintain employee Personal Data Cards (Form G-74 or contract equivalent). This component is not applicable to IGSAs and is only applicable to SPCs and CDFs. Staff are required by policy to keep the institution updated on their personal telephone numbers. The control center has the ability to get photographs of staff if necessary. 11. Recall lists include the current home telephone number of each employee. Phone numbers are updated as needed. This component is not applicable to IGSAs and is only applicable to SPCs and CDFs. Policy requires staff to maintain a current phone number and provide it to the institution. (b)(7)e (b)(7)e 13. Information about routine procedures, emergency situations, and unusual incidents will be continually recorded in permanent post logs and shift reports. All posts have a log book. Every event that occurs on the post is documented inside the log book. 14. The front-entrance officer checks the ID of everyone entering or exiting the facility. The entrance officer takes photo identification from each visitor or official. The officer scans the photo of the visitor and prints out a selfadhesive visitor badge that is worn while the visitor is in the facility. The badges are returned at the end of the visit in exchange for the photo identification. The badge is good only for the date the visit occurs. 15. All visits officially recorded in a visitor logbook or electronically recorded. The time, date, person to be visited or purpose of the visit, and signature is entered into the log book. 33 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007925 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 2 – 7. FACILITY SECURITY AND CONTROL This Detention Standard protects the community, staff, contractors, volunteers, and detainees from harm by ensuring that facility security is maintained and that events that pose a risk of harm are prevented. Remarks 16. The facility has a secure, color-coded visitor pass system. A photo badge is created for all visitors. This replaces the intent of the color-coded visitor passes. 17. Officers monitor all vehicular traffic entering and leaving the facility. The requirement to have officers monitor vehicular traffic leaving the facility is not applicable to IGSAs and is specific to SPCs and CDFs. The Food Department Officer is responsible for identifying drivers in vehicles entering and leaving the facility. 18. The facility maintains a log of all incoming and departing vehicles to sensitive areas of the facility. Each entry contains: • The driver's name • Company represented • Vehicle contents • Delivery date and time • Date and time out • Vehicle license number • Name of employee responsible for the vehicle during the facility visit This information is documented in a log book. 19. Officers thoroughly search each vehicle entering and leaving the facility. This component is not applicable to IGSAs. Vehicles do not enter the secure perimeter of the facility and are therefore not searched. 20. The facility has a written policy and procedures to prevent the introduction of contraband into the facility or any of its components. The facility has a policy addressing this component and there are large signs at the entrance to the facility and inside the lobby area warning against bringing in contraband. 21. The front entrance has a sally-port type entrance, with interlocking electronic doors or grilles. All entrances do have a sallyport operation with interlocking doors. 22. The facility’s perimeter will ensure that detainees remain within and that public access is denied without proper authorization. The facility is secure within and the perimeter is also secure and keeps the public out. 23. Written procedures govern searches of detainee housing units and personal areas. Staff are required to document all searches of detainees, per facility policy. 24. Housing area searches occur at irregular times. This component is not applicable to IGSAs. Officers do search detainees at irregular intervals. 34 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007926 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 2 – 7. FACILITY SECURITY AND CONTROL This Detention Standard protects the community, staff, contractors, volunteers, and detainees from harm by ensuring that facility security is maintained and that events that pose a risk of harm are prevented. Remarks 25. Security officer posts located in or immediately adjacent to detainee living areas to permit officers to see or hear and respond promptly to emergency situations. Personal contact and interaction between staff and detainees is required and facilitated. Officers are assigned directly inside the units with the detainees and personal contact is required, facilitated in various facility policies. 26. There are post orders for every security officer post. Post orders are inclusive within the policy statement. There is a post order for each post in the facility. 27. Detainee movement from one area to another area is controlled by staff. All detainees are monitored or escorted throughout the facility. 28. Living areas are constructed to facilitate continuous staff observation of cell or room fronts, dayrooms, and recreation space. The detainees live in open dormitories. These dormitories are under direct supervision with an officer assigned inside the units with the detainees. The officers in the Special Management Unit are in the housing area. A control room officer is stationed in a protective area and maintains electronic control of the doors. 29. Every search of the SMU and other housing units is documented. The search of the Special Management Unit and housing units are logged into the unit log book. 30. The SMU entrance has a sally port. This component is not applicable to IGSAs and is only applicable to SPCs and CDFs. There is a sallyport door in the unit. 31. All tools entering SMU will be inspected and inventoried by the SMU officer prior to entering the housing unit. The officer inspects and inventories all tools entering and exiting this unit. 32. The facility has a comprehensive security inspection policy. The policy specifies: • Posts to be inspected • Required inspection forms • Frequency of inspections • Guidelines for checking security features • Procedures for reporting weak spots, inconsistencies, and other areas needing improvement The requirement to comply with the bulleted sections of this component is not applicable to IGSAs and they are specific to SPCs and CDFs. Per policy, the shift supervisor inspects posts during his tour of duty. Area sergeants and lieutenants also maintain frequent contact with the posts in the assigned areas. 35 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007927 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 2 – 7. FACILITY SECURITY AND CONTROL This Detention Standard protects the community, staff, contractors, volunteers, and detainees from harm by ensuring that facility security is maintained and that events that pose a risk of harm are prevented. Remarks 33. Every officer is required to conduct a security check of his/her assigned area. The results are documented. This component is not applicable to IGSAs and is only applicable to SPCs and CDFs. Officers conduct security checks each shift. The forms are turned in at the completion of the shift. 34. Documentation of security inspections is kept on file. Records are maintained for the security inspections conducted each shift. Per the Administrative Lieutenant, the supervisors keep the forms for at least three years. 35. Procedures ensure that recurring problems and a failure to take corrective action are reported to the appropriate manager. This component is not applicable to IGSAs and is only applicable to SPCs and CDFs. Work requests are required to be submitted for broken equipment. The facility manager has established a "hot line" for employees to call and report all broken or damaged property or equipment. 36. Tools being taken into the secure area of the facility are inspected and inventoried before entering and prior to departure. Tools are inspected and inventoried entering and exiting the facility by the entry point officers. Mechanical services staff utilize tool carts and perform inventories at the completion of each day. 37. Storage and supply rooms; walls, light and plumbing fixtures, accesses, and drains, etc. undergo frequent, irregular searches. These searches are documented. These specific areas and equipment are searched each shift. The results are documented in a log book and results of the inspection/search are documented on the daily search form. 38. Walls, fences, and exits, including exterior windows, are inspected for defects once each shift. These areas are examined each shift. A report is submitted and maintained in the supervisor’s office. 39. Daily procedures include: The outer buildings and fences are checked each shift. There is an • Perimeter alarm system tests. • Physical checks of the perimeter fence. • Documenting the results. 40. Visitation areas receive frequent, irregular inspections. (b)(7)e Officers are stationed in these areas to control contraband. Detainees are permitted to receive contact visits. Inspections are conducted at the completion of the visits. 36 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007928 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 2 – 7. FACILITY SECURITY AND CONTROL This Detention Standard protects the community, staff, contractors, volunteers, and detainees from harm by ensuring that facility security is maintained and that events that pose a risk of harm are prevented. Remarks 41. An officer is assigned responsibility for ensuring the security inspection process covers all areas of the facility. All officers submit a security inspection form. This is a check sheet where all areas in an officer’s immediate area are inspected and examined to ensure equipment and locking mechanisms are in working order. 42. The Maintenance Supervisor and Chief of Security or equivalent make monthly fence checks. There is a daily fence inspection. The results of the fence check are (b)(7)e documented. (b)(7)e FACILITY SECURITY AND CONTROL Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) The front entrance is a controlled access point, which has an officer stationed there at all times. There are two pedestrian entry (b)(7)e points, one for staff and one for visitors. Entrance into the secure perimeter is controlled by interlocking doors to prevent unauthorized entry or exit. Visitor entrance is controlled by a staff member who makes a positive identification of the visitor, has the visitor sign the log and the visitor has to leave personal possession in a locker and must pass through a metal detector. Staff assigned to the front entrance post is selected for their experience and professional appearance. Personal observation of the processing of visitors showed the officers in these posts are exercising courtesy, tact, and interacting effectively with the public. 01/20/2012 (b)(6), (b)(7)(c) Reviewer’s Signature / Date 37 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007929 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 2 - 8. FUNDS AND PERSONAL PROPERTY This Detention Standard ensures that detainees’ personal property is safeguarded and controlled, specifically including funds, valuables, baggage and other personnel property, and that contraband does not enter a detention facility. Standard NA: (IGSA ONLY) Check this box if all ICE detainee Funds, Valuables and Property are handled only by the ICE Field Office or Sub-Office in control of the detainee case. Remarks 1. Detainee funds and valuables are properly separated and stored. Detainee funds and valuables are accessible to designated supervisor(s) only. Funds are deposited by the detainee directly into a security box under direct supervision. The detainee signs and dates to verify the deposit. Valuables are vacuum sealed and placed in a metal security box. A supervisor is present during this process and valuables are only accessible with a supervisor present. 2. Detainees’ large valuables are secured in a location accessible to designated supervisor(s) or processing staff only. A property receipt form is placed in a vacuum-sealed container with the property and placed in the property room and the process is supervised by a supervisor. 3. Staff search and itemize the baggage and personal property of arriving detainees, including funds and valuables, using a personal property inventory form that meets the ICE standard, in the presence of the detainee unless otherwise instructed by the facility administrator. 4. (b)(7)(e)officers are present during the processing of detainee funds and valuables during admissions processing to the facility. (b)(7)(e)officers verify funds and valuables. This component is only applicable to SPCs and CDFs and is not applicable to IGSAs. Funds are verified by the supervisor. At least (b)(7)(e) are always present. 5. A property (valuables) receipt is used for small valuables and another property receipt is used for large articles. For IGSAs and CDFs, Is the facility using a personal property inventory form that meets the ICE standard? 38 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007930 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 6. Staff gives the detainee the original inventory form, filing copies in the detainee’s detention file and the personal property container. 7. Staff forwards an arriving detainee’s medicine to the medical staff. 8. Staff searches arriving detainees and their personal property for contraband. 9. Property discrepancies are immediately reported to the Chief of Security or equivalent. 10. Staff follows written procedures when returning property to detainees. N/A Does Not Meet Standard Components Meets Standard PART 2 - 8. FUNDS AND PERSONAL PROPERTY This Detention Standard ensures that detainees’ personal property is safeguarded and controlled, specifically including funds, valuables, baggage and other personnel property, and that contraband does not enter a detention facility. Standard NA: (IGSA ONLY) Check this box if all ICE detainee Funds, Valuables and Property are handled only by the ICE Field Office or Sub-Office in control of the detainee case. Remarks This component is only applicable to SPCs and CDFs and is not applicable to IGSAs. Forms are completed in triplicate and are dispersed as follows: white to the property room, yellow to the detainee file and pink to the detainee. This component is only applicable to SPCs and CDFs and is not applicable to IGSAs. Discrepancies are reported to the ICE Agent. The return of valuables is documented in the log book. Detainees sign the property receipt for clothing and larger articles, in accordance with policy. 11. CDF/IGSA facility procedures for handling detainee property claims are similar to the ICE standard. 12. The facility attempts to notify an out-processed detainee that he/she left property in the facility. • By sending written notice to the detainee’s last known address; via certified mail; • The notice states that the detainee has 30 days in which to claim the property, after which it will be considered abandoned. Instructions on the property receipt form inform the detainee he/she has 30 days to claim the property. 13. Staff obtains a forwarding address from each detainee. 14. It is standard procedure for(b)(7)(e) officers to be present when removing/documenting the removal of funds from a detainee’s possession. This component is only applicable to SPCs and CDFs and is not applicable to IGSAs. (b)(7)(e) are always (b)(7)(e) present. 15. Staff issue and maintain property receipts (G-589s) in numerical order. This component is only applicable to SPCs and CDFs and is not applicable to IGSAs. Property location numbers are used. 39 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007931 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 16. Staff complete and distribute the accordance with the ICE standard. G-589 in N/A Components Does Not Meet Standard Meets Standard PART 2 - 8. FUNDS AND PERSONAL PROPERTY This Detention Standard ensures that detainees’ personal property is safeguarded and controlled, specifically including funds, valuables, baggage and other personnel property, and that contraband does not enter a detention facility. Standard NA: (IGSA ONLY) Check this box if all ICE detainee Funds, Valuables and Property are handled only by the ICE Field Office or Sub-Office in control of the detainee case. Remarks This component is only applicable to SPCs and CDFs and is not applicable to IGSAs. Property receipt forms are distributed in triplicate. 17. The processing officer records each G-589 issuance in a G-589 logbook. The record includes the initials and star numbers of receipting officers. This component is only applicable to SPCs and CDFs and is not applicable to IGSAs. The signature and badge number of the receiving officer is recorded. 18. Staff tags large valuables with both a G-589 and an I77. This component is only applicable to SPCs and CDFs and is not applicable to IGSAs. A property location number is placed on the detainee ID card. 19. The supervisor verifies the accuracy of every G-589. This component is only applicable to SPCs and CDFs and is not applicable to IGSAs. Supervisors verify the accuracy of the property inventory sheet. 20. The supervisor ensures that: • Detainee funds are, without exception, deposited into the cash box; • Every property envelope is sealed. • All sealed property envelopes are placed in the safe. • Large, valuable property is kept in the secured locked area. This component is only applicable to SPCs and CDFs and is not applicable to IGSAs. A supervisor verifies depositing of funds, sealing of envelopes and placing the property in secure locations. 21. Staff tags every baggage/facility container with an I77, completed in accordance with the ICE standard. This component is only applicable to SPCs and CDFs and is not applicable to IGSAs. A property receipt is placed with all property. 22. Staff secures every container used to store property with a tamper-proof numbered strap. This component is only applicable to SPCs and CDFs and is not applicable to IGSAs. All containers are vacuum sealed. 23. A logbook records detainee name, Anumber/detainee-number, baggage-check/ I-77 number, security tie-strap number, property description, date issued and date returned. This component is only applicable to SPCs and CDFs and is not applicable to IGSAs. The detainee’s name, jail identification number, property location, date issued and date returned is logged. 40 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007932 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 2 - 8. FUNDS AND PERSONAL PROPERTY This Detention Standard ensures that detainees’ personal property is safeguarded and controlled, specifically including funds, valuables, baggage and other personnel property, and that contraband does not enter a detention facility. Standard NA: (IGSA ONLY) Check this box if all ICE detainee Funds, Valuables and Property are handled only by the ICE Field Office or Sub-Office in control of the detainee case. Remarks 24. In SPCs, the Supervisory Immigration Enforcement Agent, accompanied by a detention staff member conducts a comprehensive weekly audit. This component is only applicable to SPCs and CDFs and is not applicable to IGSAs. Property audits are conducted by the property officer and county civilian staff members. 25. The Facility Administrator has established quarterly audits of baggage and non-valuable property as facility policy, the audits occur each quarter and audits are verified and entered in the log. This component is only applicable to SPCs and CDFs and is not applicable to IGSAs. Audits are performed by supervisors. 26. The facility positively identifies every detainee being released or transferred. This component is only applicable to SPCs and CDFs and is not applicable to IGSAs. Identification cards are used to properly identify detainees. 27. Staff routinely informs supervisors of lost/damaged property claims. Claims are properly investigated and missing or damaged property claim reports are filed. The requirement to have staff routinely inform supervisors of lost/damaged property claims are not applicable to IGSAs. The Internal Affairs Unit investigates all lost property reports and recommends to the Director corrective action to be taken. 28. Every lost/damaged property report completed in accordance with the ICE standard on an I-387 (or equivalent). The Facility Administrator receives a copy and staff place the original in the detainee’s Afile, retaining a copy in the detainee’s detention file. This component is only applicable to SPCs and CDFs and is not applicable to IGSAs. The Internal Affairs Unit investigates all lost property reports and recommends to the Director corrective action to be taken and appropriate documentation is placed in the detainee's files. PART 2 - 8. FUNDS AND PERSONAL PROPERTY Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) The facility ensures that a detainee’s personal property is safeguarded and controlled, including funds, valuables, baggage and personal property. Funds are deposited by the detainee directly into a security box under direct supervision. The detainee signs and dates a receipt to verify the deposit. Valuables are vacuum sealed and placed in a metal security box. Clothing articles and larger personal property is vacuum sealed and placed in the property room. A supervisor is present during this entire process. Personal Property Receipts and Personal (valuables) Receipts are completed in triplicate with one copy remaining with the property, one placed in the detainee's file and the other copy given to the detainee. Upon release, the detainee is positively 41 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007933 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 identified before property is returned. The Internal Affairs Unit investigates all lost property reports and recommends to the Director corrective action to be taken. / 01/20/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) N/A Does Not Meet Standard Components Meets Standard PART 2 – 9. HOLD ROOMS IN DETENTION FACILITIES This Detention Standard ensures the safety, security, and comfort of detainees temporarily held in Hold Rooms pending further processing. The maximum aggregate time an individual may be confined in a facility’s Hold Room is 12 hours. Remarks 1. The hold room is situated in a location within the secure perimeter. This component is not applicable to IGSAs and is only applicable to SPCs and CDFs. The hold rooms are located in the intake section of the facility. The Intake Sergeant stated all ICE detainees are placed in the hold rooms immediately in front of the intake counter. This post is staffed around the clock and within auditory and visual observation of officers. 2. The hold rooms are clean, in good repair, well ventilated, well lit, and all activating switches located outside the room. An inspection of the rooms revealed an unsanitary condition in all of the rooms. Specifically, the walls were soiled and the area immediately surrounding the toilets was covered in old urine stains and other grime. Also, all the hold room floors needed to be swept and mopped. The Intake Sergeant indicated they have two orderlies assigned for sanitation purposes, but they are not provided with cleaning chemicals to sanitize the rooms. The Sergeant indicated the orderlies are given scrub pads with a soap additive for cleaning the rooms. 42 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007934 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 2 – 9. HOLD ROOMS IN DETENTION FACILITIES This Detention Standard ensures the safety, security, and comfort of detainees temporarily held in Hold Rooms pending further processing. The maximum aggregate time an individual may be confined in a facility’s Hold Room is 12 hours. Remarks 3. The hold rooms contain sufficient seating for the number of detainees held. This component is not applicable to IGSAs and is only applicable to SPCs and CDFs. With the exception of one hold room that is used for disruptive individuals and does not contain a bench or toilet, the remaining hold rooms each had a bench sufficient for seating the number of detainees per room. 4. No bunks/cots/beds or other related make shift sleeping apparatuses are permitted inside hold rooms. This component is not applicable to IGSAs and is only applicable to SPCs and CDFs. The Intake Sergeant stated detainees are not permitted to sleep in the hold rooms but cots, beds or mattresses are not permitted in the rooms. 5. Hold room walls and ceilings are escape and tamper resistant. This component is not applicable to IGSAs and is only applicable to SPCs and CDFs. The physical construction of the hold rooms are escape and tamperproof. The ceilings are also solidly constructed and more than nine feet high. There is security glazed glass from floor to ceiling on the front of the rooms and on the doors. 6. Detainees are not held in hold rooms for more than 12 hours. Detainees are not held in the hold rooms for more than 12 hours. A review of the detention log for January 18, 2012 had an entry for six ICE detainees that had been received at approximately 9:05 AM. The inspection of the hold rooms was conducted at 11:00 AM and the detainees had already been processed and escorted to their assigned quarters. The Intake Sergeant stated this was the normal amount of time taken to process the ICE detainees into the facility and to assign them living quarters. 43 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007935 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 2 – 9. HOLD ROOMS IN DETENTION FACILITIES This Detention Standard ensures the safety, security, and comfort of detainees temporarily held in Hold Rooms pending further processing. The maximum aggregate time an individual may be confined in a facility’s Hold Room is 12 hours. Remarks 7. Male and females detainees are segregated from each other at all times. There were no detainees in the hold rooms during the time of the inspection. The Intake Sergeant was interviewed and stated the detainees are separated by gender upon admission. As previously stated, the detainees are also housed in the rooms directly in front of the intake officers' working area and remain under constant visual and auditory observation. 8. Detainees are provided with basic personal hygiene items such as water, soap, toilet paper, cups for water, feminine hygiene items, diapers and wipes. All detainees are provided with basic hygiene items upon completion of the intake process. All detainees receive a shower and institution clothing upon their admittance to the facility. This is provided immediately following the medical screening which is the last step of the intake process. 9. If the hold room is not equipped with toilet facilities, an officer is posted within visual or audible range to allow detainees access to such on a regular basis. There are toilets in the hold rooms. 10. All detainees are given a pat down search for weapons or contraband before being placed in the hold room. The post orders for the assigned officers outline specific instructions on conducting pat down searches on detainees upon arrival to the facility. 11. When the last detainee has been removed, the hold room is inspected for the following:  Cleaning.  Evidence of tampering with doors, locks, windows, grills, plumbing or electrical fixtures is reported to the shift supervisor for corrective action or repair. The post orders for the officer assigned to this area directs he/she conduct a search of the hold room whenever a detainee is removed. However, the hold room doors remain open all the time and officers were not observed monitoring the activities of the occupants such as tampering with doors, grilles or other items outlined in this component. As previously noted, an inspection of the rooms revealed an unsanitary condition in all of the rooms 44 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007936 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 12. (MANDATORY) There is a written evacuation plan. • There is a designated officer to remove detainees from the hold rooms in case of fire and/or building evacuation, or other emergency. N/A Does Not Meet Standard Components Meets Standard PART 2 – 9. HOLD ROOMS IN DETENTION FACILITIES This Detention Standard ensures the safety, security, and comfort of detainees temporarily held in Hold Rooms pending further processing. The maximum aggregate time an individual may be confined in a facility’s Hold Room is 12 hours. Remarks IGSAs are not required to have a designated officer that will remove detainees from hold rooms in case of a fire and/or building evacuation or other emergency. However, a written evacuation exit plan is required to be conspicuously posted for the emergency evacuation of the hold rooms. There are instructions for evacuating the area in the officers post orders. The Administrative Lieutenant indicated the facility does not post specific instructions since they view it as a security concern. 13. An appropriate emergency service is called immediately upon a determination that a medical emergency exists. The Intake Sergeant stated the medical staff are assigned to the intake section around the clock and are physically present the majority of the time. She stated if a medical emergency exists, the procedure is to call for emergency assistance from medical staff. 14. Single occupant hold rooms contain a minimum of 37 square feet (7 unencumbered square feet for the detainee, 5 square feet for a combination lavatory/toilet fixture, and 25 square feet for a wheelchair turn-around area).  If multiple-occupant hold rooms are used, there is an additional 7 unencumbered square feet for each additional detainee. IGSAs are not required to comply with this component. However, at this facility there are no more than six detainees placed in each of the designated rooms immediately in front of the officers' work area. During the review, there were no detainees being processed, but it is evident there is adequate space if only six detainees are placed into these particular rooms. 15. In SPCs designed after 1998 the hold rooms are equipped with stainless steel combination lavatory/toilet fixtures with modesty panels. They are:  Compliant with the American Disabilities Act.  Small hold rooms (1 to 14 detainees) have at least one combi-unit.  Large hold rooms (15 to 49 detainees) are provided with at least two combi-units. 16. In SPCs designed after 1998 the hold rooms have floor drain(s). IGSAs are not required to comply with this component. However, this facility complies with this component in that each room has a combi-unit for no more than six detainees per room. IGSAs are not required to comply with this component. This facility does have floor drains in the hold rooms. 45 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007937 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 2 – 9. HOLD ROOMS IN DETENTION FACILITIES This Detention Standard ensures the safety, security, and comfort of detainees temporarily held in Hold Rooms pending further processing. The maximum aggregate time an individual may be confined in a facility’s Hold Room is 12 hours. Remarks 17. In SPCs designed after 1998, the door to the hold room swings outward and the door complies with the specifications outlined in the standard. IGSAs are not required to comply with this component. However, at this facility all hold room doors swing outward. The rooms are also equipped with security-glass and tamper-resistant locks. 18. Family units, persons of advanced age (over 70), females with children, and unaccompanied juvenile detainees (under the age of 18) are not placed in hold rooms. The Intake Sergeant stated children are not received into the facility. Elderly detainees are uncommon, but she stated they will expedite the receiving and intake process for elderly detainees in order to place them in a housing unit expeditiously. The facility policy does not provide special procedures to be taken for elderly detainees. 19. Minors (under 18) are confined apart from adults, except for immediate relatives or guardians. Juvenile detainees are not permitted in this facility. 20. Each detention facility maintains a detention log (manually or by computer) for each detainee placed in a hold cell.  The log includes the required information specified in the standard. IGSAs are not required to have a log that maintains the required information specified in the standard. However, this facility maintains a manual detention log with the officers entering pertinent information such as the detainee’s name and A-Number The time "in" is logged, but not the time "out". Also there are no other entries entered explaining the reason a detainee is in the intake area, i.e., LEO visit, awaiting video court, etc. 21. Officers provide a meal to any detainee detained in a hold room for more than six hours.  Juveniles, babies and pregnant women have access to snacks, milk or juice.  Meal are served to juveniles regardless of time in custody The facility provides all newly admitted detainees a snack (sandwich) and container of juice upon their arrival. Juveniles are not admitted in the facility. Per the Intake Sergeant, pregnant female detainees are expeditiously processed and will be provided additional food or drink upon request. 46 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007938 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 2 – 9. HOLD ROOMS IN DETENTION FACILITIES This Detention Standard ensures the safety, security, and comfort of detainees temporarily held in Hold Rooms pending further processing. The maximum aggregate time an individual may be confined in a facility’s Hold Room is 12 hours. Remarks 22. Any detainee with disabilities, including temporary disabilities, will be housed in a manner that provides for his or her safety and security. Detainees in wheelchairs are held on the outside of the hold rooms according to the supervisor. The detainee will be placed directly in front of the officers' work stations in order to monitor them more closely. They are also expeditiously processed. 23. The maximum occupancy for the hold room will be posted. The maximum occupancy rate is not posted on the room doors, or anywhere else in the immediate area of the intake section. 24. Before placing a detainee in a room, an officer shall observe each individual to screen for obvious mental or physical problems. The post orders instruct the officers to be alert for unusual behavior or other signs of physical or mental problems. If physical injuries are witnessed, the officers notify the supervisor and arrangements are required to be made to remove the detainee from the facility to a local community hospital for treatment. 25. Staff does not permit detainees to smoke in a hold room. The facility is a smoke-free environment and tobacco is considered contraband. Detainees are searched immediately upon arrival and before they are placed into a hold room. 26. Officers closely supervise hold rooms through direct supervision, to ensure:  Continuous auditory monitoring, even when the hold room is not in the officer’s direct line of sight, and  Visual monitoring at irregular intervals at least every 15 minutes, each time recording in the detention log, the time and officer's printed name and any unusual behavior or complaints under "Comments.”  Constant surveillance of any detainee exhibiting signs of hostility, depression, or similar behaviors. There is constant visual observation of ICE detainees upon their placement into a hold room. As previously stated, detainees are placed in rooms directly in front of the officers work stations for close monitoring. There is no documentation that fifteen minute checks are conducted, or if unusual behavior, if observed, is logged. PART 2 – 9. HOLD ROOMS IN DETENTION FACILITIES Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) Although sanitation levels in the hold rooms are below basic acceptable standards, temperatures and humidity in these rooms are 47 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007939 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 maintained at acceptable and comfortable levels. It was further observed that hold room doors were unlocked and in the open position during the review, even when occupied. The posted evacuation exit plan does not contain required information that would assist staff in evacuating the intake area in the event of a fire or emergency. Logs are not readily available explaining the reason detainees are being held in a hold room. There are instructions in the post orders on evacuating. (b)(6), (b)(7)(c) / 01/20/2012 Reviewer’s Signature / Date N/A Does Not Meet Standard Components Meets Standard PART 2 – 10. KEY AND LOCK CONTROL This Detention Standard maintains facility safety and security by requiring that keys and locks be properly controlled and maintained. Remarks 1. The security officer[s], or equivalent, has attended an approved locksmith training program. The locksmith has been a locksmith for over 19 years. He could not produce information that he has attended a locksmith training program. 2. The security officer, or equivalent, has responsibility for all administrative duties and responsibilities relating to keys, locks etc. The locksmith has duties to cut keys, repair and install locks and document preventive maintenance. 3. The security officer, or equivalent, provides training to all employees in key and lock control. The locksmith does not train staff in key control. The staff receives training in their initial academy. There is no ongoing, annual refresher training for employees once they begin employment. 4. The security officer, or equivalent, maintains inventories of all keys, locks and locking devices. The locksmith did not have inventories on all keys, locks or locking devices. The standard requires these inventories are maintained for the lock shop. The Administrative Lieutenant, however, does maintain accountability for keys assigned to security and administrative staff. 5. The security officer follows a preventive maintenance program and maintains all preventive maintenance documentation. There are no current preventive maintenance schedules or records maintained by the locksmith. A log book that previously recorded preventive maintenance had the last entry in June 2011. 6. Facility policies and procedures address the issue of compromised keys and locks. A policy is in place for key control and addresses procedures to take for compromised keys and locks. 7. The security officer, or equivalent, develops policy and procedures to ensure safe combinations integrity. There were no combination safes or locks noted during this review. 48 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007940 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 2 – 10. KEY AND LOCK CONTROL This Detention Standard maintains facility safety and security by requiring that keys and locks be properly controlled and maintained. Remarks 8. Only dead bolt or dead lock functions are used in detainee accessible areas. The housing units only have electronically controlled doors. There are no unauthorized locking mechanisms in the detainee housing units. 9. Non-authorized locks (as specified in the Detention Standard) are not used in detainee accessible areas. There are no thumb-locks, throw bolts, or hasps and padlocks in use in the detainee areas. 10. The facility does not use grand master keying systems. There is no grand master keying system in use at this facility. 11. All worn or discarded keys and locks cut up and properly disposed of. The locksmith stated he destroys all keys by cutting them up and disposing of them. However, there are no records to show which old keys have been surveyed. 12. Padlocks and/or chains are not used on cell doors. There were no chains or padlocks in use in the detainee housing units. 13. The entrance/exit door locks to detainee living quarters, or areas with an occupant load of 50 or more people, conform to • Occupational Safety and Environmental Health Manual, Chapter 3 • National Fire Protection Association Life Safety Code 101. 14. The operational keyboard sufficient to accommodate all the facility key rings including keys in use is located in a secure area. 15. Procedures in place to ensure that key rings are: • Identifiable • Numbers of keys on the ring are cited? • Keys cannot be removed from issued key rings 16. Emergency keys are available for all areas of the facility. There are multiple exit doors available for the evacuation of the detainees in the event of an emergency and they conform to the requirement of this component. (b)(7)e The institution has There are minimal keys (b)(7)e available for issue since the entire facility is controlled by electronic locks. Other staff are issued key rings they maintain in their possession. Key rings do not have an identifying chit or number of keys on the ring. Other single keys are in use in the building control room. Keys are available for all areas of the facility. Emergency keys for the detainee housing areas are maintained in the (b)(7)e (b)(7)e 49 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007941 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 17. The facility uses a key accountability system. N/A Does Not Meet Standard Components Meets Standard PART 2 – 10. KEY AND LOCK CONTROL This Detention Standard maintains facility safety and security by requiring that keys and locks be properly controlled and maintained. Remarks (b)(7)e Officers also count (b)(7)e keys assigned in the control room. However, three key rings in the maintenance area are not inventoried or otherwise accounted (b)(7)(e) 18. Authorization is necessary to issue any restricted key. The only restricted keys are in the (b)(7)e and require a supervisor to issue a key ring. (b)(7)e 19. Individual gun lockers are provided. • They are located in an area that permits constant officer observation. • In an area that does not allow detainee or public access. 20. The facility has a key accountability policy and procedures to ensure key accountability. The keys are physically counted daily. The gun lockers are located in a secure room (b)(7)(e) of the facility that is under constant observation (b)(7)(e) (b)(7)(e) and the room where the gun lockers are located are not accessible to the public or detainees. IGSAs are not required to physically count the keys daily. This facility does count the keys located in the central control and five main control rooms. However, there is no documentation the keys are counted on a daily basis. It was (b)(7)(e) 50 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007942 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 2 – 10. KEY AND LOCK CONTROL This Detention Standard maintains facility safety and security by requiring that keys and locks be properly controlled and maintained. 21. All staff members are trained and held responsible for adhering to proper procedures for the handling of keys. Remarks IGSAs are not required to comply with the bulleted section of this component. However, at this facility staff are trained in the proper care and handling of keys and locks upon their initial hiring. Facility policy states proper procedures to follow if reporting a lost key or key ring. All staff that carries a key ring home are required to return it and detainees are not permitted to handle keys. • Issued keys are returned immediately in the event an employee inadvertently carries a key ring home. • When a key or key ring is lost, misplaced, or not accounted for, the shift supervisor is immediately notified. • Detainees are not permitted to handle keys assigned to staff. 22. Locks and locking devices are continually inspected, maintained, and inventoried. There is no documentation showing that locks and locking devices are being inspected by the locksmith. However, the assigned officers are required to inspect the locks in their assigned areas of responsibility. The intent of this standard is to keep written records showing the perpetual inspection and subsequent care of the locks in the facility. 23. Each facility has the position of Security Officer. If not, a staff member appointed the collateral duties of security officer. The Administrative Lieutenant stated he is responsible for some aspects of maintaining accountability for the keys issued to staff. 24. The designated key control officer is the only employee who is authorized to add or remove a key from a ring. IGSAs are not required to comply with this component. 25. The splitting of key rings into separate rings is not authorized. IGSAs are not required to comply with this component. PART 2 – 10. KEY AND LOCK CONTROL Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) Staff are able to draw and use keys in the performance of their duties. They can also report broken locks and keys, and can have them repaired or replaced in an expeditious manner. 01/20/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 51 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007943 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 1. Staff conducts a formal count at least once each 8 hours (no less than three counts per day). At least one of these counts shall be a face to photo count. N/A Does Not Meet Standard Components Meets Standard PART 2 – 11. POPULATION COUNTS This Detention Standard protects the community from harm and enhances facility security, safety, and good order by requiring that each facility have an ongoing, effective system of population counts and detainee accountability. Remarks The facility conducts two counts each shift, three shifts per day. 2. Activities cease or are strictly controlled while a formal count is being conducted. IGSAs are not required to comply with this component. At this facility all detainees are instructed to get on their bunks for the count and to refrain from moving during the count. The officers' post orders also instruct the officers to cease all detainee movement during a count. 3. There is a system for counting each detainee, including those who are outside the housing unit. IGSAs are not required to comply with this component. At this facility detainees are counted in the area they happen to be in when the count begins, i.e., visiting room, medical appointment, etc. 4. Formal counts in all units take place simultaneously. IGSAs are not required to comply with this component. At this facility all count times are the same each day and announced at the same time each shift. 5. Officers do not allow detainee participation in the count. IGSAs are not required to comply with this component. Inmates do not participate in the counts. 6. A face-to-photo count follows each unsuccessful recount. IGSAs are not required to comply with this component. 7. Officers positively identify each detainee before counting him/her as present. IGSAs are not required to comply with this component. At this facility detainees will be identified only if there is a bad count. In this event, additional officers will report to the affected unit and assist in a face-tophoto count. 52 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007944 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 2 – 11. POPULATION COUNTS This Detention Standard protects the community from harm and enhances facility security, safety, and good order by requiring that each facility have an ongoing, effective system of population counts and detainee accountability. Remarks 8. Written procedures cover informal and emergency counts. The facility has a policy on conducting counts. The times and procedures are outlined in this policy for formal, informal and emergency counts. 9. The control officer (or other designated position) maintains an “out-count” record of all detainees temporarily out of the facility. The housing units are required to keep a running log entry on the detainees outside the unit when a count is called. The central control room maintains a running count of those detainees outside of their assigned housing units or facility when the count begins. 10. Security officers and any other staff with responsibilities for conducting counts are provided adequate initial and periodic training in count procedures, and that training is documented in each person’s training folder. In addition to their initial academy training of 16 weeks, security staff are required to receive on-the-job training in all security matters including count procedures and the training are electronically recorded by the Training Lieutenant. There are also count procedures outlined in the policy on counts. PART 2 – 11. POPULATION COUNTS Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) The facility conducts six official counts per day. The scope of this standard is to ensure accountability of designated detainees. The officers clear out the restrooms, classrooms and other areas of the dormitory and require the detainees to remain on their bunks during official counts. During the time when detainees are normally sleeping, officers are directed to use care in counting living, breathing flesh during the counts. They must also utilize a flashlight, but are cautioned to do so in a manner that satisfies the count requirements without waking up the detainees unless absolutely necessary. A written count slip is submitted to the control room officer and included in the paperwork for that particular count. (b)(6), (b)(7)(c) 01/20/2012 Reviewer’s Signature / Date 53 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007945 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 2 – 12. POST ORDERS This Detention Standard protects detainees and staff and enhances facility security and good order by ensuring that each officer assigned to a security post knows the procedures, duties, and responsibilities of that post. Remarks 1. Every fixed post has a set of Post Orders. All post orders are included in the policies of the facility. They are available on each security post. Officers must sign each day they have read and reviewed their post orders. 2. In SPCs and CDFs, Post Orders are arranged in the required six-part folder format. IGSAs are not required to comply with this component. At this facility, the post orders are maintained in a three ring binder on the posts. 3. Each set contains the latest inserts (emergency memoranda, etc.) and revisions. There were no addendums or revisions noticed during this review. The Administrative Lieutenant stated all staff are notified in writing of any changes to their post orders. 4. One individual or department is responsible for keeping all Post Orders current with revisions that take place between reviews. The Administrative Lieutenant is responsible for updating the policies and post orders. 5. Review, updating, and reissuing of Post Orders occurs regularly and at least annually. The post orders were last updated in November 2010. The facility is undergoing a major change in the process for posting and making available their policies. All the policies will be stored electronically online and staff will be able to conduct their reviews at that time. The facility began the new process before the annual review would have been due in November 2011. As a result of maintaining a current review signature from the approving authority, a separate memorandum was signed the week of this review approving the plans until the completion of the electronic project. 6. The facility administrator authorizes all Post Order changes. The Jail Director authorizes all of the post order changes and addendums. His review is documented on the signature sheet for each set of post orders. 54 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007946 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 2 – 12. POST ORDERS This Detention Standard protects detainees and staff and enhances facility security and good order by ensuring that each officer assigned to a security post knows the procedures, duties, and responsibilities of that post. Remarks 7. The facility administrator has signed and dated the last page of every section. IGSAs are not required to comply with this component. At this facility administrator signs the policy review sheet, instead of the last page of every section. All post orders are considered the same as policy statements. 8. A Post Orders master file is available to all staff. Staff can review all post orders. 9. Procedures keep Post Orders and logbooks secure from detainees at all times. These items are kept from the detainees at all times. 10. Copies of the applicable Post Orders are retained at the post only if secure from detainee access. Post orders are hidden from the detainees' view. 11. Supervisors ensure that officers understand the Post Orders, regardless of whether the assignment is temporary, permanent, or due to an emergency. Officers must review and sign post orders each day, regardless of whether the assignment is temporary or not. 12. In SPCs and CDFs, each time an officer receives a different post assignment, he or she is required to read, sign, and date those Post Orders to indicate he or she has read and understands them. 13. Anyone assigned to an armed post qualifies with the post weapons before assuming post duty. IGSAs are not required to comply with this component. Officers review and sign post orders daily. All armed staff attends range training every six months and must qualify at least annually with their assigned duty weapon, before assuming the duties of an armed post. 14. Post Orders for armed posts, and for posts that control access to the institution perimeter, clearly state that: (b)(7)e (b)(7)e 15. Post Orders for armed posts provide instructions for escape attempts. The use of force and firearms policies provides guidance for staff assigned to armed posts. The outer perimeter vehicle patrol, escort officers, SOG term members and other designated armed posts are required to review and be familiar with these instructions. 16. The Post Orders for housing units track the daily event schedule. IGSAs are not required to comply with this component. At this facility officers track all events in their log books. 55 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007947 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 17. Housing unit post officers record all detainee activity in a log. The Post Orders include instructions on maintaining the logbook. N/A Components Does Not Meet Standard Meets Standard PART 2 – 12. POST ORDERS This Detention Standard protects detainees and staff and enhances facility security and good order by ensuring that each officer assigned to a security post knows the procedures, duties, and responsibilities of that post. Remarks IGSAs are not required to comply with this component. At this facility each security post has a logbook assigned for documenting every incident that occurs in their area of responsibility. PART 2 – 12. POST ORDERS Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) Each security officer has written post orders that specifically apply to their assigned post and step-by-step procedures giving them guidelines to follow when assigned to their posts. The post orders are outdated, but are currently undergoing a major change in how they are made available. Specifically, the new post orders will be electronically available online for staff and authorized individuals. This process is expected to be completed in the coming year. Officers will also be able to review the post orders and maintain an electronic record of their review. (b)(6), (b)(7)(c) / 01/20/2012 Reviewer’s Signature / Date 56 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007948 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 2 – 13. SEARCHES OF DETAINEES This Detention Standard protects detainees and staff and enhances facility security and good order by detecting, controlling, and properly disposing of contraband. Remarks 1. There are written policy and procedures governing searches of housing areas, work areas and of detainees. A review of the facility policy indicates that there are written policies and procedures regarding the search of housing and work areas and of detainees. 2. Written policy and procedures require staff to employ the least intrusive method of body search practicable, as indicated by the type of contraband and the method of suspected introduction or concealment. The facility policy indicates that the least intrusive manner of searches is used by staff, unless there is reasonable suspicion that the detainee has concealed contraband in or on their person and then the appropriate administrative authorization is required for more intrusive methods of searches, such as a strip search. 3. Written policy and procedures require staff to avoid unnecessary force during searches and to preserve the dignity of the detainee being searched, to the extent practicable. 4. Written policy and procedures require staff to leave a searched housing area, work area and detainee property in its original order, to the extent practicable. 5. Detainees are pat searched and screened by metal detectors routinely to control contraband. Detainees are routinely pat searched but they are not routinely screened by a metal detector unless there is reason to believe that the detainee may have had an opportunity to conceal contraband. 6. Strip Searches are conducted only when there is reasonable belief or suspicion that contraband may be concealed on the person, or a good opportunity for concealment has occurred, and when properly authorized by a supervisor. Strip searches are only conducted when there is reasonable belief or suspicion that contraband may be concealed on the person. Additionally, strip searches are conducted when the detainee has had a contact visit or has been outside the facility and therefore had an opportunity to conceal contraband. 57 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007949 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 2 – 13. SEARCHES OF DETAINEES This Detention Standard protects detainees and staff and enhances facility security and good order by detecting, controlling, and properly disposing of contraband. Remarks 7. Body cavity searches are conducted by designated health personnel only when authorized by the facility administrator (or acting administrator) on the basis of reasonable belief or suspicion that contraband may be concealed in or on the detainee’s person. According to facility policy and interviews with facility staff, only medical staff can conduct body cavity searches, when there is reasonable belief that contraband may be concealed in or on the person and this type of search requires authorization by the Director. 8. “Dry cells” are used for contraband detection only when there is reasonable belief of concealment, with proper authorization, and in accordance with required procedures When there is reasonable belief that a detainee has concealed contraband on their person, the water in the cell is turned off after the proper authorization is obtained. 9. Contraband that may be evidence in connection with a violation of a criminal statute is preserved, inventoried, controlled, and stored so as to maintain and document the chain of custody. Illegal contraband is preserved by facility staff for possible criminal prosecution. 10. Canines are not used in the presence of detainees Canines are not used inside the housing units at this facility or in the presence of detainees. PART 2 – 13. SEARCHES OF DETAINEES Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) A review of the facility policy and interviews with staff indicate that this facility uses the least intrusive methods to conduct searches of detainees to deal with contraband detection. The staff at this facility do retain, log, and preserve illegal contraband for possible referral to the district attorney for prosecution. / 01/20/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 58 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007950 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 2– 14. SEXUAL ABUSE AND ASSAULT PREVENTION AND INTERVENTION This Detention Standard requires that facilities that house ICE/DRO detainees affirmatively act to prevent sexual abuse and assaults on detainees, provide prompt and effective intervention and treatment for victims of sexual abuse and assault, and control, discipline, and prosecute the perpetrators of sexual abuse and assault. Remarks 1. The facility has a Sexual Abuse and Assault Prevention and Intervention Program. Facility policy establishes procedures for the immediate referral of alleged victims of sexual abuse or assault to health care staff and for the prompt notification of the facility Director. The facility, however, does not have procedures to address the potential for sexual victimization or sexually assaultive behavior when assigning detainee housing. There are no procedures for informing detainees about preventing, identifying or reporting sexual abuse or assault, selfprotection, prohibitions against retaliation or the availability of treatment and counseling. Established procedures do not require training staff on sexual abuse or assault prevention and intervention. 2. For SPCs and CDFs, the written policy and procedure has been approved by the Field Office Director. This component is not applicable to IGSAs. The facility policy has not been approved by the Field Office Director. 3. Tracking statistics and reports are readily available for review by the inspectors. This component is not applicable to IGSAs. All allegations of sexual abuse or assault in this facility, however, are immediately referred to the Hudson County Prosecutor's Office. That office conducts all investigations and maintains all statistical reports. The facility logs and has access to a copy of the initial incident report, but is not given access to any follow up investigation or related information. 4. All staff is trained, during orientation and in annual refresher training, in the prevention and intervention areas required by the Detention Standard. Per the Operations Lieutenant, the facility does not provide training on sexual abuse and assault prevention and intervention. 59 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007951 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 2– 14. SEXUAL ABUSE AND ASSAULT PREVENTION AND INTERVENTION This Detention Standard requires that facilities that house ICE/DRO detainees affirmatively act to prevent sexual abuse and assaults on detainees, provide prompt and effective intervention and treatment for victims of sexual abuse and assault, and control, discipline, and prosecute the perpetrators of sexual abuse and assault. Remarks 5. Detainees are informed about the program in facility orientation and the detainee handbook (or equivalent). Per the Administrative Lieutenant, the facility detainee orientation program does not include information on sexual abuse or assault prevention. The facility detainee handbook does not include site-specific information to supplement the Sexual Abuse/Assault Prevention and Intervention Program information in the National Detainee Handbook. 6. The Sexual Assault Awareness Notice is posted on all housing unit bulletin boards. Per the Supervisory Immigration and Enforcement Agent (SIEA), and as confirmed per direct observation, English and Spanish versions of the Sexual Assault Awareness Notice are posted in the housing units. 7. The Sexual Assault Awareness Information brochure is available for detainees. (Required in SPCs and CDFs.) This component is not applicable to IGSAs. Sexual Assault Awareness Information brochures are not available to detainees in this facility. 8. Detainees are screened upon arrival for “high risk” sexual assaultive and sexual victimization potential and housed and counseled accordingly. Per interviews with the Administrative Lieutenant, the SIEA and medical staff, detainees are not screened for high risk sexual assaultive and sexual victimization potential and are not housed and counseled accordingly. One question about previous sexual assault is included in the medical intake screening. 9. All incidents of sexual abuse or assault by a detainee on a detainee have been documented in the past year. Per the Administrative Lieutenant, there have been no incidents of detainee on detainee sexual abuse or assault in the past twelve months. The initial report of any such incident would be logged by the facility and reported to the county prosecutor's office for investigation and follow up. One alleged female detainee on female detainee assault was investigated by facility staff and determined to be unfounded. 60 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007952 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 2– 14. SEXUAL ABUSE AND ASSAULT PREVENTION AND INTERVENTION This Detention Standard requires that facilities that house ICE/DRO detainees affirmatively act to prevent sexual abuse and assaults on detainees, provide prompt and effective intervention and treatment for victims of sexual abuse and assault, and control, discipline, and prosecute the perpetrators of sexual abuse and assault. Remarks 10. All incidents or allegations of sexual abuse or assault by staff on a detainee have been documented in the past year. Per the Administrative Lieutenant, there have been no allegations of staff on detainee sexual abuse or assault in the past twelve months. 11. There is prompt and effective intervention when any detainee is sexually abused or assaulted and policy and procedures for required chain-of-command reporting. Facility policy establishes procedures for prompt notification of the facility Director, and for the immediate referral of alleged victims of sexual abuse or assault to health care staff. Detainees referred to facility medical staff subsequent to an alleged sexual assault are promptly transported to a local hospital emergency room for medical, mental health and forensic evaluations. Upon the detainee's return to the facility, mental health staff will offer additional counseling. Per the Administrative Lieutenant, the alleged victim would be offered protective custody status. If the detainee declined the offer, the facility would ensure the alleged victim and perpetrator were not assigned to the same housing unit. 12. When there is an alleged sexual assault, staff conduct a thorough investigation, gather and maintain evidence, and make referrals to appropriate law enforcement agencies for possible prosecution. Per the Administrative Lieutenant, all allegations of sexual abuse or assault must be reported directly to the county prosecutor's office for investigation and follow up. In accordance with state law, the facility's authority is limited to logging and submitting the initial incident report. 61 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007953 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 2– 14. SEXUAL ABUSE AND ASSAULT PREVENTION AND INTERVENTION This Detention Standard requires that facilities that house ICE/DRO detainees affirmatively act to prevent sexual abuse and assaults on detainees, provide prompt and effective intervention and treatment for victims of sexual abuse and assault, and control, discipline, and prosecute the perpetrators of sexual abuse and assault. Remarks 13. When there is an alleged or proven sexual assault, the required notifications are promptly made. ICE is promptly notified of any alleged or proven sexual assault. The county prosecutor is notified of any substantiated allegation of sexual assault. The one allegation of detainee on detainee assault made in September 2011 was reported to ICE. The alleged victim recanted her allegation during the initial follow up by facility staff. The allegation was determined to be unsubstantiated and was not reported to the county prosecutor. 14. Victims of sexual abuse or assault are referred to specialized community resources for treatment and gathering of evidence. In accordance with facility policy and as confirmed by the Health Services Administrator, victims of sexual abuse or assault are promptly referred to a local hospital emergency room for medical, mental health and forensic evaluations and the gathering of evidence. 15. All records associated with claims of sexual abuse or assault is maintained, and such incidents are specifically logged and tracked by a designated staff coordinator. Per the Administrative Lieutenant, all allegations of sexual abuse or assault must be reported directly to the county prosecutor's office for investigation and follow up. In accordance with state law, the facility's authority is limited to the submission of the initial incident report. Investigation reports are maintained by the prosecutor's office and are not available to facility staff. SEXUAL ABUSE AND ASSAULT PREVENTION AND INTERVENTION Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) Facility policy establishes procedures for the immediate referral of alleged victims of sexual abuse or assault to health care staff and for the prompt notifications. The facility, however, does not have a Sexual Abuse and Assault Prevention and Intervention Program that establishes procedures for the prevention of sexual abuse and assault. Per the Operations Lieutenant, facility staff does not receive annual training on sexual abuse and assault prevention and 62 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007954 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 intervention. No information was presented to confirm new staff receives training on sexual abuse and assault prevention and intervention upon initial hire. Per the Administrative Lieutenant, the facility orientation program and detainee handbook do not notify and inform detainees about the facility's Sexual Abuse and Assault Prevention and Intervention Program. Detainees are not provided the name of a designated staff member, other than an immediate point-of-contact line officer, to whom victims of sexual abuse or assault can report the incident or situation. Per interviews with the Administrative Lieutenant, the Supervisory Immigration and Enforcement Agent (SIEA) and medical staff, detainees are not screened upon arrival for potential vulnerabilities to, or tendencies of acting out with, sexually aggressive behavior. Procedures have not been established to ensure that detainees with a history of sexual assault are consistently identified, monitored and counseled and that those at high risk for committing sexual assault are assessed by a mental health or other qualified professional and treated as appropriate. Procedures have not been established to ensure that detainees at risk for sexual victimization are consistently identified, monitored and counseled, that those identified as high risk for sexual victimization are assessed by a mental health or other qualified professional, and that those who are considered likely to become victims are placed in the least restrictive housing that is available and appropriate. One question about previous sexual assault is included in the medical intake screening. Per the Administrative Lieutenant, state law specifies that all allegations of sexual abuse or assault must be reported directly to the county prosecutor's office for investigation and follow up. The facility does not have the authority to conduct an investigation and is not given access to reports of the investigations completed by the prosecutor's office. The facility's involvement is limited to logging and submitting the initial incident report. Per the SIEA, there was one allegation of a detainee on detainee assault in September 2011. The allegation was reported to ICE. The alleged female victim claimed she was sexually assaulted by another female detainee. Per the Administrative Lieutenant, during the initial follow up by facility staff, the detainee recanted her original account of the incident. The allegation was determined to be unsubstantiated and was not reported to the county prosecutor. There were no other allegations of sexual abuse or assault in this facility in the past twelve months. The standard's rating was based on a review of facility policies, the facility detainee handbook and the ICE National Detainee Handbook, on interviews with the Administrative and Operations Lieutenants, the SIEA, a training officer and the Health Services Administrator, on observations in the housing units and on a review of available training records. (b)(6), (b)(7)(c) 01/20/2012 Reviewer’s Signature / Date 63 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007955 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 2 – 15. SPECIAL MANAGEMENT UNITS This Detention Standard protects detainees, staff, contractors, volunteers, and the community from harm by segregating certain detainees from the general population in Special Management Units (SMUs) with an Administrative Segregation section for detainees segregated for administrative reasons and a Disciplinary Segregation section for detainees segregated for disciplinary reasons. Remarks 1. Written policy and procedures are in place for special management units. The special management unit is in unit C-1 for males and A-1 for females. The facility has a discipline policy and post orders for the assigned officer. The post orders are considered policy in this facility. 2. A detainee is placed in protective custody status in Administrative Segregation only when there is documentation that it is warranted and that no reasonable alternatives are available. Classification staff can place a detainee in this section of the unit, if no reasonable alternatives are available and the classification system only uses objective information to classify a detainee. 3. A detainee will be placed in Disciplinary Segregation only after a finding by a Disciplinary Hearing Panel that the detainee is guilty of a prohibited act or rule violation classified at a “Greatest”, “High”, or “HighModerate” level, as defined in the Detention Standard on Disciplinary System. The discipline hearing panel, consisting of the hearing officer and two non-uniformed staff members conduct all hearings. 4. (MANDATORY) Health care personnel are immediately informed when a detainee is admitted to an SMU to provide assessment and review as indicated by health care protocols. Detainees are examined in the medical department before placement into the unit. 5. There are written policy and procedures to control and secure SMU entrances, contraband, tools, and food carts, in accordance with the Detention Standard on Facility Security and Control. 6. The number of detainees confined to each cell or room does not exceed the capacity for which it was designed. There are a maximum of two detainees per cell. 7. Cells and rooms are well ventilated, adequately lit, appropriately heated and maintained in a sanitary condition at all times. The sanitation was below standards and the cell light covers were covered. 8. Permanent housing logs are maintained in SMUs to record pertinent information on detainees upon admission to and release from the unit, and in which supervisory staff and other officials record their visits to the unit. Staff uses one log book to enter every activity for detainees. Showers, recreation, visitors, telephone calls, and meals are all logged into this bound ledger log book. 64 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007956 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 9. A permanent log is maintained in each SMU to record all activities concerning SMU detainees (meals served, recreation, visitors, etc.). In SPCs and CDFs, the SMU log records the detainee's name, A-number, housing location, date admitted, reasons for admission, tentative release date for detainees in Disciplinary Segregation, the authorizing official, and date released. 10. In SPCs and CDFs, a separate log is maintained in the SMU that all persons visiting the unit must sign and record:  The time and date of the visit, and  Any unusual activity or behavior of an individual detainee, with a follow-up memorandum sent through the facility administrator to the detainee's file. 11. A Special Management Housing Unit Record is maintained on each detainee in an SMU:  In SPCs form I-888 (Special Management Housing Unit Record) is prepared immediately upon the detainee’s placement in the SMU.  In CDFs and IGSA facilities form I-888 or a comparable form is used. In SPCs and CDFs:  By the end of each shift, the special housing unit officer records: o Whether the detainee ate, showered, exercised, and took any medication, and o Any additional information, for example, if the detainee has a medical condition, has exhibited suicidal or assaultive behavior, etc.  When a health care provider visits an SMU detainee, he or she signs that individual’s record, and the housing officer initials the record after all medical visits are completed and no later than the end of the shift. N/A Does Not Meet Standard Components Meets Standard PART 2 – 15. SPECIAL MANAGEMENT UNITS This Detention Standard protects detainees, staff, contractors, volunteers, and the community from harm by segregating certain detainees from the general population in Special Management Units (SMUs) with an Administrative Segregation section for detainees segregated for administrative reasons and a Disciplinary Segregation section for detainees segregated for disciplinary reasons. Remarks IGSAs are not required to have SMU log records that include the ICE detainee's name, A-number, housing location, date admitted, reasons for admission, tentative release date for ICE detainees in Disciplinary Segregation and the authorizing official and the date released. IGSAs are not required to comply with this component. IGSAs are not required to prepare a Special Management Housing Record upon the detainee’s placement in the SMU. At this facility all documentation is kept in one bound ledger and entries are made daily. IGSAs are not required to have a unit officer record whether the ICE detainee ate, showered, exercised and took any medication or if the detainee has a medical condition or whether the ICE detainee exhibited suicidal or assaultive behavior. However, there is no individual documentation kept at this facility as required by this component. All information is kept in one bound ledger. IGSAs are not required to have health care providers record their visits to the SMU, no later than the end of the shift. Visits are not recorded as required by this component. 65 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007957 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 2 – 15. SPECIAL MANAGEMENT UNITS This Detention Standard protects detainees, staff, contractors, volunteers, and the community from harm by segregating certain detainees from the general population in Special Management Units (SMUs) with an Administrative Segregation section for detainees segregated for administrative reasons and a Disciplinary Segregation section for detainees segregated for disciplinary reasons. Remarks 12. Upon a detainee’s release from the SMU, the releasing officer attaches the entire housing unit record to the Administrative Segregation Order or Disciplinary Segregation Order and forwards it to the Supervisor for inclusion in the detainee’s detention file. IGSAs are not required to comply with this component. However, at this facility all documents related to his stay in the special management unit are forwarded to records for final disposition. 13. There are written policy and procedures concerning the property detainees may retain in each type of segregation. The handbook details what property can be retained by detainees when they are in segregation. 14. There are written policy and procedures concerning privileges detainees may have in each type of segregation. (In Administrative Segregation, detainees generally receive the same general privileges as detainees in the general population, as is consistent with available resources and safety and security considerations.) Detainees in administrative detention can retain their property. The facility does not have the physical layout to provide control or safety for the number of detainees in administrative detention to participate in other normal activities shared by the general population. 15. Detainees in Administrative Segregation are provided opportunities to spend time outside their cells (over and above the required recreation periods), for such activities as socializing, watching TV, and playing board games and may be assigned to work details (for example, as orderlies in the SMU). Detainees in administrative segregation do not get more than five, one-hour periods per day. There are no day room tables, or televisions in this unit. 16. Detainees in SMUs are personally observed at least every 30 minutes in an irregular schedule and more often when warranted for some cases (violent, mentally disordered, bizarre behavior, suicidal). Detainee checks are conducted every 30 minutes with results logged into the unit log book. 17. The shift supervisor sees each segregated detainee daily, including weekends and holidays. There is an assigned supervisor that remains in the unit to handle any issues as they arise and therefore, can see the detainee daily. 18. The facility administrator (or designee) visits each SMU daily. It is reported the administrative leadership makes rounds through this unit daily. 66 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007958 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 2 – 15. SPECIAL MANAGEMENT UNITS This Detention Standard protects detainees, staff, contractors, volunteers, and the community from harm by segregating certain detainees from the general population in Special Management Units (SMUs) with an Administrative Segregation section for detainees segregated for administrative reasons and a Disciplinary Segregation section for detainees segregated for disciplinary reasons. Remarks 19. A health care provider visits every detainee in an SMU at least three times a week, and detainees are provided any medications prescribed for them. In SPCs and CDFs, a nurse, doctor or other appropriate health care professional visits the SMU at least once each workday and questions each detainee to identify any medical problems or requests. Any action taken is documented in a separate logbook, and the medical visit is recorded on the detainee’s SMU Housing Record (Form I-888). IGSAs are not required to have a nurse, doctor or other health care professional visit the SMU at least once each workday and question each ICE detainee to identify any medical problems or requests nor are IGSAs required to document any action taken in a separate log book and in the detainee's SMU Housing Record. At this facility nurses visit the unit twice per day and can deal with medication is provided to detainees. 20. Detainees in SMUs are provided three nutritionally adequate meals per day, ordinarily from the general population menu. Detainees receive their meals on satellite feeding trays three (3) times daily. The meals retain their heat from the insulated trays. 21. Detainees in SMUs may shave and shower three times weekly and receive other basic services (laundry, hair care, barbering, clothing, bedding, linen) on the same basis as the general population. Detainees receive three (3) showers per week and the other basic services. 22. Only for documented medical or mental health reasons are detainees denied such items as clothing, mattress, bedding, linens, or a pillow. If a detainee is so disturbed that he or she is likely to destroy clothing or bedding or create a disturbance risking harm to self or others, the medical department is notified immediately and a regimen of treatment and control instituted by the medical officer. This has not occurred at this facility in the past year. 23. Detainees in an SMU may write and receive letters the same as the general population. Mail is not restricted in any way for detainees in this unit. 24. Detainees in an SMU ordinarily retain visiting privileges. Detainees in administrative segregation may receive visits. Detainees in disciplinary segregation are only permitted clergy visits and legal visits. 25. Adequate documentation was generated for any restricted or disallowed general visits for a detainee in an SMU who violated visiting rules or whose behavior indicated the detainee would be a threat to the security or good order of the visiting room in the past year. There have not been any reported instances where this has occurred with a detainee. 67 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007959 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 2 – 15. SPECIAL MANAGEMENT UNITS This Detention Standard protects detainees, staff, contractors, volunteers, and the community from harm by segregating certain detainees from the general population in Special Management Units (SMUs) with an Administrative Segregation section for detainees segregated for administrative reasons and a Disciplinary Segregation section for detainees segregated for disciplinary reasons. Remarks 26. Adequate documentation was generated, for any restricted or disallowed general visitation for a detainee in Administrative Segregation status because the detainee was charged with, or committed, a prohibited act having to do with visiting guidelines or otherwise acted in a way that indicated the detainee would be a threat to the orderly operation or security of the visiting room in the past year. This has not occurred at this facility in the past year. 27. Under no circumstances is a detainee permitted to participate in general visitation while in restraints. Administrative Segregation detainees visit without restraints. 28. In SPCs and CDFs, detainees in protective custody and violent and disruptive detainees are not permitted to use the visitation room during normal visitation hours. IGSAs are not required to comply with this component. This has not occurred at this facility in the past year. 29. In SPCs and CDFs, violent and disruptive detainees are limited to non-contact visits and, in extreme cases, not permitted to visit. IGSAs are not required to comply with this component. However, this has not occurred at this facility in the past year. 30. Ordinarily, detainees in SMUs are not denied legal visitation. Detainees can receive legal visits. 31. There are policy and procedures for a situation where special security precautions for legal visitation have to be implemented and for advising legal service providers and assistants prior to their visits. This has not occurred at this facility in the past year. 32. Detainees in SMUs are allowed visits by members of the clergy, upon request; unless it is determined a visit presents a risk to safety, security, or orderly operations. This has not occurred at this facility in the past year. 33. Detainees in SMUs have access to reading materials, including religious materials. In SPCs and CDFs, the Recreation Specialist offers each detainee softbound, non-legal books on a rotating basis, provided no detainee has more than two books (excluding religious material) at any one time. Detainees are permitted reading material on a limited basis to maintain control of the amount of property permitted in the cells and this facility is in compliance with this component. 68 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007960 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 34. Detainees in SMUs have access to legal materials, in accordance with the Detention Standard on Law Detainees are Libraries and Legal Material. permitted to retain a reasonable amount of personal legal material in the SMU, provided it does not create a safety, security and/or sanitation hazard. Detainee requests for access to legal material in their personal property are accommodated as soon as possible and always within 24 hours of a detainee’s request. N/A Does Not Meet Standard Components Meets Standard PART 2 – 15. SPECIAL MANAGEMENT UNITS This Detention Standard protects detainees, staff, contractors, volunteers, and the community from harm by segregating certain detainees from the general population in Special Management Units (SMUs) with an Administrative Segregation section for detainees segregated for administrative reasons and a Disciplinary Segregation section for detainees segregated for disciplinary reasons. Remarks Detainees can retain legal property. 35. Detainees in Administrative Segregation or Disciplinary Segregation have the same law library access as the general population, unless compelling and documented security concerns require limitations. Detainees must request the material from the social worker. The information will be delivered to their cells. Supervisory staff state that a detainee may be escorted to the law library in the event he/she needed to access the LexisNexis system. 36. Policy and procedures provide for legal material to be brought to individuals in Disciplinary Segregation under certain circumstances. Social workers receive requests for legal materials and are responsible for delivering the items. 37. Any denial of access to the law library is always:  Supported by compelling security concerns,  For the shortest period required for security, and  Fully documented in the SMU housing logbook.  ICE/DRO is notified every time law library access is denied. There have been no requests to use a law library at this facility in the past year. ICE will be notified in the event this does occur. All information and events is logged into the unit log book. 38. Recreation for detainees in the SMU is separate from the general population. All detainees receive single recreation. They are not physically placed into a recreation pen with another detainee. 39. The facility has policy and procedures to ensure detainees who must be kept apart never participate in activities in the same location at the same time. (For example, recreation for detainees in protective custody is separated from other detainees.) All detainees receive single recreation periods. The staff will not recreate detainees at the same time if they are considered a security threat to one another. 40. Detainees in the SMU are offered at least one hour of recreation per day, scheduled at a reasonable time, at least five days per week. Where cover is not provided to mitigate inclement weather, detainees are provided weather-appropriate equipment and attire. Daily recreation occurs five consecutive days per week. There is only inside recreation. There are no outside capabilities to exercise detainees outdoors. 69 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007961 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 2 – 15. SPECIAL MANAGEMENT UNITS This Detention Standard protects detainees, staff, contractors, volunteers, and the community from harm by segregating certain detainees from the general population in Special Management Units (SMUs) with an Administrative Segregation section for detainees segregated for administrative reasons and a Disciplinary Segregation section for detainees segregated for disciplinary reasons. Remarks 41. The recreation privilege is denied or suspended only if it would unreasonably endanger safety or security. Ordinarily, a detainee is denied recreation privileges only with the facility administrator’s written authorization that documents why the detainee poses an unreasonable risk even when recreating alone. For an immediate safety or security situation, the shift supervisor may verbally authorize denial of an instance of recreation. When a detainee in an SMU is deprived of recreation (or any usual authorized items or activity), a report of the action is forwarded to the facility administrator. This has not occurred at this facility in the past year. No detainees have been denied recreation. In the event recreation is denied, the SMU supervisor states he will advise the Director in writing. 42. The case of a detainee denied recreation privileges is reviewed at least once each week, as part of the reviews required for all detainees in SMU status. The reviewer documents whether the detainee continues to pose a threat to self, others, or facility security and, if so, why. This has not occurred at this facility in the past year. 43. Denial of recreation privileges for more than 15 days requires the concurrence of the facility administrator and the health authority. It is expected that such denials shall rarely occur, and only in extreme circumstances. The facility notifies ICE/DRO when a detainee is denied recreation privileges for more than 15 days. This has not occurred at this facility in the past year. 44. Ordinarily, detainees in Administrative Segregation have telephone access similar to detainees in the general population, in a manner consistent with the special security and safety requirements of an SMU. Detainees in Disciplinary Segregation may be restricted from using telephones to make general calls as part of the disciplinary process; however, ordinarily, they are permitted to make direct and/or free and legal calls as described in the Detention Standard on Telephone Access, except for compelling and documented reasons of safety, security, and good order. All detainees are permitted to use the telephone, even if in disciplinary status. The only exception is if the detainee’s instant infraction involved the telephone. This was per the discipline hearing officer. 70 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007962 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 2 – 15. SPECIAL MANAGEMENT UNITS This Detention Standard protects detainees, staff, contractors, volunteers, and the community from harm by segregating certain detainees from the general population in Special Management Units (SMUs) with an Administrative Segregation section for detainees segregated for administrative reasons and a Disciplinary Segregation section for detainees segregated for disciplinary reasons. Remarks 45. Ordinarily, a written order is completed and approved by a supervisor before a detainee is placed in Administrative Segregation. If exigent circumstances make that impracticable, the order is prepared as soon as possible. A copy of the order is given to the detainee within 24 hours, unless delivery would jeopardize the safety, security, or orderly operation of the facility. If the segregation is for protective custody, the order states whether the detainee requested the segregation and whether the detainee requests a hearing. The order remains on file in the SMU until the detainee is released from the SMU, at which point the releasing officer records the date and time of release on the order and forwards it to the chief of security or supervisor for the detainee’s detention file. (An Administrative Segregation Order is not required for a detainee awaiting removal, release, or transfer within 24 hours.) Detainees are provided with a written copy of their administrative detention (known as a lock-up order) within 24 hours. 46. There are implemented written procedures for the regular review of all detainees in Administrative Segregation. A supervisor conducts a review within 72 hours of the detainee’s placement in Administrative Segregation to determine whether segregation is still warranted. The review includes an interview with the detainee, and a written record is made of the decision and the justification. In SPCs and CDFs, the Administrative Segregation Review Form (I-885) is used. If a detainee is segregated for the detainee's protection, but not at the detainee's request, continued detention requires the authorizing signature of the facility administrator or assistant facility administrator on the I-885. When a detainee has spent seven days in Administrative Segregation, and every week thereafter for the first 60 days and at least every 30 days thereafter, a supervisor conducts a similar review, including an interview with the detainee, and documents the decision and justification. A reviewing authority who concludes a detainee should be removed from Administrative Segregation, submits that recommendation to the facility administrator (or designee) for approval. Detainees are reviewed in the special management unit by the ICE SIEA. The ICE SIEA files the I-885 each week with SIEA's supervisors for the ICE detainees in this unit. 71 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007963 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 47. A copy of the decision and justification for each review is given to the detainee, unless, in exceptional circumstances, this provision would jeopardize security. The detainee is given an opportunity to appeal a review decision to a higher authority within the facility. 48. After seven consecutive days in Administrative Segregation, the detainee may exercise the right to appeal to the facility administrator the conclusions and recommendations of any review conducted. The detainee may use any standard form of written communication (for example, detainee request form), to file the appeal. N/A Does Not Meet Standard Components Meets Standard PART 2 – 15. SPECIAL MANAGEMENT UNITS This Detention Standard protects detainees, staff, contractors, volunteers, and the community from harm by segregating certain detainees from the general population in Special Management Units (SMUs) with an Administrative Segregation section for detainees segregated for administrative reasons and a Disciplinary Segregation section for detainees segregated for disciplinary reasons. Remarks Detainees are reviewed in the special management unit by the ICE SIEA. A copy is provided to the detainee. Detainees can appeal their status at any time to the facility administration. Detainees are provided with a grievance form to file appeals. 49. If a detainee has been in Administrative Segregation for more than 30 days and objects to this status, the facility administrator reviews the case to determine whether that status should continue, taking into account the views of the detainee. A written record is made of the decision and the justification. A similar review is done every 30 days thereafter. ICE detainees are reviewed in the special management unit by the ICE SIEA. Long term close custody cases may be housed in the special management unit until they are transferred. Regardless, they are reviewed by facility administrative staff. 50. When a detainee has been held in Administrative Segregation for more than 30 days, the facility administrator notifies the Field Office Director, who notifies the ICE/DRO Deputy Assistant Director, Detention Management Division. Detainees are reviewed in the special management unit by the ICE SIEA. The ICE SIEA files the I-885 each week with his/her supervisors for the ICE detainees in this unit. 51. When a detainee is held in Administrative Segregation for more than 60 days, the Field Office Director notifies, in writing, the Deputy Assistant Director, Detention Management Division, for consideration of whether it would be appropriate to transfer the detainee to a facility where he or she may be placed in the general population. The on-site local SIEA stated that notification is made each week of all detainees in administrative segregation status. The SIEA indicated that the SIEA's immediate supervisor is notified and the FOD on a segregation report weekly. 52. A detainee is placed in Disciplinary Segregation only by order of the Institutional Disciplinary Panel (IDP), or equivalent, after a hearing in which the detainee has been found guilty of a prohibited act. The maximum of a 60 day sanction in Disciplinary Segregation for a violation associated with a single incident. Detainees are not placed in disciplinary segregation longer than 30 days at a time. They are removed from the unit after 30 days for a minimum of 24 hours before they are readmitted to serve more sanctioned disciplinary segregation time. 72 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007964 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 2 – 15. SPECIAL MANAGEMENT UNITS This Detention Standard protects detainees, staff, contractors, volunteers, and the community from harm by segregating certain detainees from the general population in Special Management Units (SMUs) with an Administrative Segregation section for detainees segregated for administrative reasons and a Disciplinary Segregation section for detainees segregated for disciplinary reasons. Remarks 53. After the first 30 days in Disciplinary Segregation, the facility administrator sends a written justification to the Field Office Director, who may decide to transfer the detainee to a facility where he or she could be placed in the general population. Detainees do not spend more than 30 days in disciplinary segregation. 54. Before a detainee is placed in Disciplinary Segregation, a written order is completed and signed by the chair of the IDP (or equivalent). A copy is given to the detainee within 24 hours (unless delivery would jeopardize safety, security, or the orderly operation of the facility). The IDP chairman (or equivalent) prepares the Disciplinary Segregation Order (I-883 or equivalent), detailing the reasons for Disciplinary Segregation and attaching all relevant documentation. When the detainee is released from the SMU, the releasing officer records the date and time of release on the Disciplinary Segregation Order, and forwards the completed order to the chief of security or supervisor for insertion into the detainee’s detention file. A local document is provided to the detainee explaining his/her status and the imposed sanction. When a detainee is released, the relevant documentation is maintained in the discipline hearing officer’s files. 55. The facility has implemented written procedures for the regular review of all Disciplinary Segregation cases. A supervisor interviews and reviews the status of each detainee in Disciplinary Segregation every seven days and documents his or her findings on a Disciplinary Segregation Review Form (I-887). At each formal review, the detainee is to be given a written copy of the reviewing officer’s decision and the basis for this finding, unless institutional security would be compromised. The reviewer may recommend the detainee’s early release upon finding that Disciplinary Segregation is no longer necessary to regulate the detainee’s behavior. Early release and return to the general population requires approval of the facility administrator. All review documents are placed in the detainee's detention file. There is no formal in-person review of detainees in disciplinary segregation status. There is no record maintained for detainees who have been sanctioned and reviewed in the special management unit. PART 2 – 15. SPECIAL MANAGEMENT UNITS Meets Standard Does Not Meet Standard N/A Repeat Finding 73 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007965 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 Remarks: (Record significant facts, observations, other sources used, etc.) The facility houses male detainees in administrative segregation (also referred to as Close Custody Unit) status in C-1 on the lower tier. Females are housed in A-1. Detainees in administrative segregation have access to programs and services offered by the facility. They are permitted personal property as long as it does not interfere with the security of the unit. Detainees on disciplinary segregation are housed on C-1 on the upper tier. Detainees are allowed recreation five days per week and can access the telephone during the recreation period. Religious clergy do visit the detainees in this unit and detainees may request to meet with a clergy member of their denomination. There was one ICE detainee in administrative segregation and three ICE detainees in disciplinary segregation during this review. The locally assigned ICE SIEA performs the in-person reviews of all protective custody that require segregation and administrative detention detainees. The SIEA provides a copy of this review to the detainee and sends in a weekly report to the ICE Field Office. / 01/20/2012 (b)(6), (b)(7)(c) Reviewer’s Signature / Date 74 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007966 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 PART 2 – 16. STAFF-DETAINEE COMMUNICATION This Detention Standard enhances security, safety, and orderly facility operations by encouraging and requiring informal direct and written contact among staff and detainees, as well as informal supervisory observation of living and working conditions. N/A Does Not Meet Standard Components Meets Standard It also requires the posting of Hotline informational posters from the Department of Homeland Security Office of the Inspector General. Remarks 1. The ICE/DRO Field Office Director ensures that weekly announced and unannounced visits occur. Interviews with ICE staff and review of the weekly announced and unannounced visit log indicates that visits are required and that they are occurring. 2. Detention Staff and Deportation Staff conduct scheduled weekly visits with detainees. The log noting the visits was observed during the weekly visits. 3. Scheduled visits are posted in ICE/DRO detainee housing areas. The schedule for visits was posted in the housing units and was observed during this inspection. 4. Visiting ICE staff observes and note current climate and conditions of confinement. The log noting the current climate and conditions of confinement was reviewed during this inspection. 5. ICE/DRO Detainee Request Forms are available for use by ICE/DRO detainees. The forms were observed during this inspection. The ICE SIEA's log had copies of the forms that ICE detainees had submitted and the SIEA's responses were reviewed during this inspection. 6. The facility treats detainee correspondence to ICE/DRO staff as Special Correspondence. According to the Administrative Lieutenant all correspondence to ICE is treated as Special Correspondence. However, there is almost no correspondence to ICE from this facility because the ICE, SIEA is stationed at this facility; therefore, requests for interviews and grievances are dealt with immediately according to facility and ICE staff. 7. A secure box is located in an accessible location for detainee’s to place their Detainee Request Forms. Secure boxes for Detainee Request Forms were observed in the housing units during this inspection. 8. Only ICE staff are able to retrieve the contents of the secure box containing Detainee Request Forms, According to the ICE, SIEA, ICE has the only keys to these boxes and the Request Forms are picked up daily. 75 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007967 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 PART 2 – 16. STAFF-DETAINEE COMMUNICATION This Detention Standard enhances security, safety, and orderly facility operations by encouraging and requiring informal direct and written contact among staff and detainees, as well as informal supervisory observation of living and working conditions. 9. ICE/DRO staff responds to a detainee request from a facility within 72 hours and document the response in a log. N/A Components Does Not Meet Standard Meets Standard It also requires the posting of Hotline informational posters from the Department of Homeland Security Office of the Inspector General. Remarks A review of the Detainee Request Forms that had been completed indicated that they had been responded to within 72 hours of the date that the form had been submitted. 10. ICE/DRO detainees are notified in writing upon admission to the facility of their right to correspond with ICE/DRO staff regarding their case or conditions of confinement. 11. OIG Hotline Informational Posters are mounted in all appropriate common areas (recreation, dining, etc.) and, in SPCs and CDFs, in all housing areas. The OIG Hotline Information Posters were observed in the housing units during the inspection. 12. Daily telephone serviceability checks are documented in the housing unit logbook. The ICE telephone check log was reviewed during this inspection and it reflected that different telephones in different housing units were checked daily. PART 2 – 16. STAFF-DETAINEE COMMUNICATION Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) A review of the appropriate logs, detainee requests for interview forms, and interviews with ICE and facility staff indicate that the ICE SIEA conducts weekly announced and announced visits at this facility. The responses to the requests for interview appeared appropriate as did the entries in the log. 01/20/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 76 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007968 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 2-17. TOOL CONTROL This Detention Standard protects detainees, staff, contractors, and volunteers from harm and contributes to orderly facility operations by maintaining control of tools, culinary utensils, and medical and dental instruments, equipment, and supplies. Remarks 1. (MANDATORY) There is an individual who is responsible for developing a tool control procedure and an inspection system to insure accountability. The facilities supervisor is responsible for all tools in the facility. 2. If the warehouse is located outside the secure perimeter, the warehouse receives all tool deliveries. If the warehouse is located inside the secure perimeter the facility administrator shall develop sitespecific procedures, for example; storing tools at the rear sally port until picked up and receipted by the tool control officer. The tool control officer immediately places certain tools (band saw blades, files and all restricted tools) in secure storage. IGSAs are not required to comply with this component. The facility area is separated from the secure portion of the institution and this is where all tools are stored. This is known as the "shops area" of this facility. The facility supervisor requisitions all tools and assigns them out. 3. (MANDATORY) The use of tools, keys, medical equipment, and culinary equipment is controlled. The tools are issued to staff only, marked or otherwise controlled by authorized staff in the medical and food service departments. While keys were not inventoried as required in the Key and Lock Standard, keys are under the control of the appropriate staff at all times and detainees are not allowed to handle keys at any time. 4. A metal or plastic chit is taken in exchange for all tools issued, and when a tool is issued from a shadow board the receipt chit shall be visible on the shadow board. IGSAs are not required to comply with this component. However, at this facility staff tools are issued to an assigned employee that secures the tools in a lockable cart. Maintenance personnel perform all maintenance in the facility. 5. Tool inventories are required for: • Facility Maintenance Department • Medical Department • Food Service Department • Electronics Shop Inventories are required in the medical, food service and maintenance areas. • Recreation Department • Armory 6. Tool Inventories are conspicuously posted on all tool boards, tool boxes and tool kits. IGSAs are not required to comply with this component. However, at this facility tool inventories are available. 77 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007969 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 7. The facility has a policy for the regular inventory of all tools. • The policy sets minimum time lines for physical inventory and all necessary documentation. • ICE facilities use AMIS bar code labels when required. 8. The facility has a tool classification system. Tools are classified according to: • Restricted (dangerous/hazardous) • Non Restricted (non-hazardous). 9. Department heads are responsible for implementing proper tool control procedures as described in the standard. N/A Does Not Meet Standard Components Meets Standard PART 2-17. TOOL CONTROL This Detention Standard protects detainees, staff, contractors, and volunteers from harm and contributes to orderly facility operations by maintaining control of tools, culinary utensils, and medical and dental instruments, equipment, and supplies. Remarks Tools are inventoried monthly and quarterly. An inventory sheet is signed by the assigned staff member. IGSAs are not required to classify tools as restricted and nonrestricted. However, at this facility all tools are considered restricted. Detainees are not permitted to handle tools or assist in repairs. IGSAs are not required to comply with this component. 10. There are policies and procedures in place to ensure that all tools are properly marked and readily identifiable. There is a tool control policy. It outlines procedures for marking and inventorying tools and reporting lost or missing tools. 11. The facility has an approved tool storage system. IGSAs are not required to store tools on shadow boards that resemble the tool, or shadow boards that have a white background, or that restricted tools are shadowed in red and non-restricted tools shadowed in black. This facility does have an approved tool storage system and there is a system of accountability. All tools are maintained in lockable carts. There is an inventory present in the carts. • The system ensures that all stored tools are accountable. • Tools are stored on shadow boards in which the shadows resemble the tool. • Shadow boards have a white background. • Restricted tools are shadowed in red. • Non-restricted tools are shadowed in black. • Commonly used tools (tools that can be mounted) are stored in such a way that missing tools are readily noticed. 12. Tools removed from service have their shadows removed from shadow boards. IGSAs are not required to comply with this component. 13. Tools not adaptable to a shadow board are stored in a locked drawer or cabinet. IGSAs are not required to comply with this component. Shadow boards are not used. Tools not adaptable to shadow boards remain in the shop area, away from the secure environment of the facility. 78 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007970 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 2-17. TOOL CONTROL This Detention Standard protects detainees, staff, contractors, and volunteers from harm and contributes to orderly facility operations by maintaining control of tools, culinary utensils, and medical and dental instruments, equipment, and supplies. Remarks 14. Sterile packs are stored under lock and key. IGSAs are not required to comply with this component. However, at this facility, these items are under lock and key. 15. Each facility has procedures for the issuance of tools to staff and detainees. Detainees do not ever handle tools. The procedures are outlined in the facility policy. 16. There are policies and procedures to address the issue of lost tools. The policy and procedures include: The facility has a policy on steps to take when a tool is lost. • Verbal and written notification. • Procedures for detainee access. • Necessary documentation/review for all incidents of lost tools. 17. Broken or worn out tools are surveyed and disposed of in an appropriate and secure manner. The facilities supervisor stated he has never surveyed a tool. Procedures required for surveying tools and equipment are outlined in the County policies. Since the supervisor and his assigned foremen are under the control of the County Department of Roads and Public Works, they are governed on how to survey equipment and tools no longer useful to the mission of the correctional facility. 18. All private or contract repairs and maintenance workers under contract with ICE, or other visitors, submit an inventory of all tools prior to admittance into or departure from the facility. The inventory is reviewed and verified prior to the contractor entering/departing the facility. Inventories are conducted and maintained until the vendor departs the facility. Completed inventory forms are filed in the supervisor’s office. 19. Hoses longer than three feet in length are classified as a restricted tool. IGSAs are not required to comply with this component. At this facility there were no hoses on inventories. 20. Scissors used for in-processing detainees are tethered to the furniture (e.g. table, counter, etc.) where they are used. IGSAs are not required to comply with this component. PART 2-17. TOOL CONTROL Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) The maintenance department staff are assigned the tools inside the facility as they perform the bulk of the work within the facility. 79 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007971 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 These employees work for the County Department of Roads and Public Works. Tools are assigned to the foremen who maintain lockable individual carts. The facility keeps maintenance foremen on-site around the clock, seven days per week for all repair and maintenance work. An employee is available to receive repair and maintenance calls and dispatches foremen to perform the work. (b)(6), (b)(7)(c) / 01/20/2012 Reviewer’s Signature / Date 80 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007972 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 2 – 18. USE OF FORCE AND RESTRAINTS This Detention Standard authorizes staff to use necessary physical force, after all reasonable efforts to otherwise resolve a situation have failed, and only for protection of self, detainees, or others, for prevention of escape or serious property damage, or to maintain the security and orderly operation of the facility. Remarks 1. (MANDATORY) The facility has a Use of Force Policy. The facility has a Use-of-Force policy. 2. Written policy authorizes staff to respond in an immediate-use-of-force situation without a supervisor’s presence or direction. Policy authorizes staff to use force in emergency situations. The (b)(7)e facility has a that has (b)(7)e been delegated all duties related to use-of-force. This team conducts training monthly and is standby to respond for any emergencies. 3. When the detainee is in an area that is or can be isolated (e.g., a locked cell, a range), posing no direct threat to the detainee or others, policy requires that staff must try to resolve the situation without resorting to force. 4. Written policy asserts that calculated rather than immediate use of force is feasible in most cases. Facility policy requires security staff to attempt informal resolution to resolve an incident. 5. The facility subscribes to the Confrontation Avoidance Procedures. • Ranking detention official, health professional, and others confer before every calculated use of force. A staff member will conduct confrontational avoidance in an attempt to resolve the incident and gain the detainee's compliance. 6. When a detainee must be forcibly moved and/or restrained and there is time for a calculated use of force, staff uses the Use-of-Force Team Technique. • prescribed Under staff supervision. Staff are trained to remain with the detainee and keep him isolated as long as he does not pose a direct threat. Staff are trained to attempt to resolve situations without resorting to force by using the Use of Force Continuum. Staff will wait and remain with the detainee until the team is prepared. 7. Staff members are trained in the performance of the Use-of-Force Team Technique. Only the (b)(7)etrains in team use-offorce techniques. All other staff receives cell extraction training in the new hire academy. 8. All use-of-force incidents are documented and reviewed. The camera system used throughout the facility is reviewed when a useof-force incident occurs and incidents are documented and reviewed. 81 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007973 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 9. All use of force incidents are properly documented and forwarded for review use of force documentation at a minimum, shall include the medical examination through the conclusion of the incident. All calculated uses of force incidents must be audio visually recorded in its entirety from the beginning of the incident to its conclusion. Any breaks in recording, e.g., dead batteries, tape exhausted, are fully explained on the video. N/A Does Not Meet Standard Components Meets Standard PART 2 – 18. USE OF FORCE AND RESTRAINTS This Detention Standard authorizes staff to use necessary physical force, after all reasonable efforts to otherwise resolve a situation have failed, and only for protection of self, detainees, or others, for prevention of escape or serious property damage, or to maintain the security and orderly operation of the facility. Remarks The incident and use of force is recorded through the facility camera system. Additionally, cameras will be purchased, but it has not arrived yet. 10. Staff: • Does not use force as punishment. • Attempts to gain the detainee's voluntary cooperation before resorting to force • Uses only as much force as necessary to control the detainee. • Uses restraints only when other nonconfrontational means, including verbal persuasion, have failed or are impractical. There have been no reported instances of a detainee being subjected to a use-of-force scenario. 11. Medication may only be used for restraint purposes when authorized by the Medical Authority as medically necessary. The facility is aware only medical staff may authorize the use of medication to restrain a detainee. 12. (MANDATORY) Use-of-Force Teams follow written procedures that attempt to prevent injury and exposure to communicable disease(s). The teams are issued protective gear and are given training on protecting themselves from blood and body fluids and they are required to comply with written procedures. 13. Standard procedures associated with using four/five point restraints include: • Soft (nylon/leather) restraints. • Dressing the detainee appropriately for the temperature. • A bed, mattress, and blanket/sheet. • Checking the detainee at least every 15 minutes. • Logging each check. • Repositioning detainee often enough to prevent soreness or stiffness. • Medical evaluation of the restrained detainee twice per eight-hour shift. • When qualified medical staff are not immediately available, staff position the detainee "face-up." A restraint chair is available for placing a detainee in four/five point restraints. The chair has not been used at this point, but all team members are aware of the procedures associated with its use. 82 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007974 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 2 – 18. USE OF FORCE AND RESTRAINTS This Detention Standard authorizes staff to use necessary physical force, after all reasonable efforts to otherwise resolve a situation have failed, and only for protection of self, detainees, or others, for prevention of escape or serious property damage, or to maintain the security and orderly operation of the facility. Remarks 14. The shift supervisor monitors the detainee's position/condition every two hours. He/she allows the detainee to use the restroom at these times under safeguards. There have been no incidents requiring a detainee to be placed into a restraint chair. The (b)(7)e Lieutenant is cognizant of the policy on rotating and supervising detainees in restraints. 15. All detainee checks are logged. Fifteen minute checks would be documented into a log book. 16. In immediate-use-of-force situations, officers contact medical staff once the detainee is under control. Medical is always contacted when a detainee is subjected to immediate use-of-force situations. 17. When the Facility Administrator authorizes use of non-lethal weapons: • Medical staff is consulted before staff use pepper spray/non-lethal weapons. • Medical staff reviews the detainee's medical file before use of a non-lethal weapon is authorized. The(b)(7)e consults with medical staff prior to any use of less-thanlethal weapons. The only authorized less-than-lethal weapon in use is OC spray. 18. Intermediate Force Weapons, when not in use are stored in areas where access is limited to authorized personnel and to which detainees have no access. All equipment is stored in secure locations 19. If Intermediate Force Weapons are stored in the Special Management Unit (SMU), they are stored and maintained the same as Class R tools. Intermediate force weapons are not stored in the special management unit. 20. Special precautions are taken when restraining pregnant detainees. • Medical personnel are consulted Medical personnel are on site during use-of-force situations. 21. Protective gear is worn when restraining detainees with open cuts or wounds. Protective gear is used when detainees are subjected to use-offorce scenarios. 22. Staff documents every use of force, including what type of restraints was used during the incident. Documentation is completed when use-of-force scenarios occur. 23. It is standard practice to review any use of force and the non-routine application of restraints. An after-action review is conducted by administrative leadership after a use-of-force move. 24. All officers receive training in self-defense, confrontation-avoidance techniques and the use of force to control detainees. • Specialized training is given to officers ensuring they are certified in all devices approved for use. Specialized training is provided for confrontation avoidance techniques. 83 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007975 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 2 – 18. USE OF FORCE AND RESTRAINTS This Detention Standard authorizes staff to use necessary physical force, after all reasonable efforts to otherwise resolve a situation have failed, and only for protection of self, detainees, or others, for prevention of escape or serious property damage, or to maintain the security and orderly operation of the facility. Remarks 25. All staff authorized to use OC spray receive training not only in its use, but also in the decontamination of individuals exposed to it. This training must be documented in the staff training record. The 26. The use of canines is restricted to contraband detection purposes only. Canines are only used for narcotics and weapons (firearms) interdiction in the visitor parking lots and lobby areas. 27. The officers are thoroughly trained in the use of soft and hard restraints. All officers are trained in the acad n the use of restraints. The(b)(7)e receives additional training throughout the year on a monthly basis. 28. In SPCs, the Use of Force form is used. In other facilities (IGSAs / CDFs) this form or its equivalent is used. IGSAs are not required to use a Use of Form. (b)(7)e (b)(7)e PART 2 – 18. USE OF FORCE AND RESTRAINTS Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) The facility has a that is responsible for all emergency responses in the facility. (b)(7)e Supervisors are trained to contain all problems and then call the (b)(7)e members in. These team members train in use-of-force scenarios, but have not had to conduct a cell extraction or other similar use-of-force scenario on any detainees. The (b)(7)e subscribes to the philosophy of an independent security company specializing in use-of-force training and other correctional facility emergency management techniques. The private vendor’s use-of-force techniques are not similar to the ICE standards. However, the are familiar and have trained with the (b)(7)e use-of-force team concept. The(b)(7)e has (b)(7)e not had to conduct any use-of-force moves against detainees. There are currently no means to measure their ability to conduct ICE approved techniques since no documented cell extractions. There are also no past records to review. The institution does not have a hand-held video recorder. However, one has been reportedly requisitioned, but it has not arrived. 01/20/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 84 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007976 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 Performance-Based National Detention Standards Section III ORDER 19 Disciplinary System 85 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007977 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 3 – 19. DISCIPLINARY SYSTEM This Detention Standard promotes a safe and orderly living environment for detainees by expecting detainees to comply with facility rules and regulations and imposing disciplinary sanctions to control the behavior of those who do not. Remarks 1. The facility has a written disciplinary system using progressive levels of reviews and appeals. There is a written disciplinary system outlined in New Jersey State Code 10A. This law governs the disciplinary system in the facility. 2. The facility rules state that disciplinary action shall not be capricious or retaliatory. The facility rules state the disciplinary system will not be capricious or retaliatory. 3. Written rules prohibit staff from imposing or permitting the following sanctions: • corporal punishment • deviations from normal food service • clothing deprivation • bedding deprivation • denial of personal hygiene items • loss of correspondence privileges • deprivation of legal access and legal materials • deprivation of physical exercise 4. The rules of conduct, sanctions, and procedures for violations are defined in writing and communicated to all detainees verbally and in writing. 5. The following items are conspicuously posted in Spanish and English or other dominate languages used in the facility: • Rights and Responsibilities • Prohibited Acts • Disciplinary Severity Scale • Sanctions 6. When minor rule violations or prohibited acts occur, informal resolutions are encouraged. Staff receives training in the academy on what sanctions they are authorized to impose on detainees. The facility relies on the New Jersey Code 10A as their guide for disciplining detainees in their facility. The detainees are presented with the detainee handbook. The required information is available in this document. They also receive orientation on their rights and responsibilities. The rights and responsibilities are posted in the housing units. The detainee handbook also has the rights, rules, and responsibilities listed in it. Officers can informally resolve minor infractions at the lowest level possible. 86 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007978 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 7. Incident Reports and Notice of Charges are promptly forwarded to the designated supervisor. 8. Incident Reports are investigated within 24 hours of the incident. The Unit Disciplinary Committee (UDC) or equivalent does not convene before investigations end. 9. An intermediate disciplinary process is used to adjudicate minor infractions. N/A Does Not Meet Standard Components Meets Standard PART 3 – 19. DISCIPLINARY SYSTEM This Detention Standard promotes a safe and orderly living environment for detainees by expecting detainees to comply with facility rules and regulations and imposing disciplinary sanctions to control the behavior of those who do not. Remarks IGSAs are not required to comply with this component. At this facility security officers send their disciplinary reports to a supervisor for further review and disposition. Reports are investigated within 24 hours. The discipline hearing panel adjudicates all discipline reports. There is no intermediate disciplinary process adjudicating reports in this facility. 10. A disciplinary panel (or equivalent in IGSAs) adjudicates infractions. The panel: • Conducts hearings on all charges and allegations referred by the UDC • Considers written reports, statements, physical evidence, and oral testimony • Hears pleadings by detainee and staff representative • Bases its findings on the preponderance of evidence • Imposes only authorized sanctions There is a disciplinary panel consisting of the hearing officer and two non-uniformed staff members that hear all reports. 11. A staff representative is available if requested for a detainee facing a disciplinary hearing If a detainee asks for a representative, one is appointed to him to assist in preparing his response to the charges. 12. The facility permits hearing postponements or continuances when conditions warrant such a continuance. Reasons are documented. Detainees are permitted to ask for a postponement if reasons are reasonable. The reasons would be documented. 13. The duration of punishment set by the Facility Administrator, as recommended by the disciplinary panel does not exceed established sanctions. The maximum time in disciplinary segregation does not exceed 60 days for a single offense. The hearing officer can only sanction a detainee to a maximum of 30 days in disciplinary segregation. The detainee must be removed from disciplinary segregation for at least 24 hours before he could resume a new sanction. 87 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007979 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 3 – 19. DISCIPLINARY SYSTEM This Detention Standard promotes a safe and orderly living environment for detainees by expecting detainees to comply with facility rules and regulations and imposing disciplinary sanctions to control the behavior of those who do not. Remarks 14. Written procedures govern the handling of confidential-source information. Procedures include criteria for recognizing "substantial evidence". The hearing officer stated he has not had to use confidential informant information. He indicated it would have to be a substantial part of a case before he would consider this type of information. 15. All forms relevant to the incident, investigation, committee/panel reports, etc., are completed and distributed as required. The disciplinary packet is maintained in the discipline hearing officer’s office. Copies of the final reports are routed for the Directors review. The detainee receives a copy of the final decision. PART 3 – 19. DISCIPLINARY SYSTEM Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) The facility follows the guidelines on discipline that is outlined in the New Jersey Code 10A when imposing sanctions on detainees. The hearing officer reported there are few reports generated from the detainee population. The average length of time for placing a detainee in disciplinary segregation is three days. The hearing officer uses two independent staff members, typically social workers in the facility, to make up a three person hearing panel. (b)(6), (b)(7)(c) / 01/20/2012 Reviewer’s Signature / Date 88 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007980 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 Performance-Based National Detention Standards Section IV CARE 20 Food Service 21 Hunger Strikes 22 Medical Care 23 Personal Hygiene 24 Suicide Prevention and Intervention 25 Terminal Illness, Advance Directives, and Death 89 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007981 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 4 – 20. FOOD SERVICE This Detention Standard ensures that detainees are provided a nutritionally balanced diet that is prepared and presented in a sanitary and hygienic food service operation. Remarks 1. The food service program is under the direct supervision of a professionally trained and certified Food Service Administrator (FSA). The Responsibilities of cooks and cook foremen are in writing. The FSA determines the responsibilities of the Food Service Staff. The Food Service Administrator has received Aramark corporate training. There are(b)(7)(e)3) Assistant Food Service Administrators (b)(7)(e) full time employees and a twenty hour-per week dietitian employed at the facility. The food service operation is open 24 hours daily. Food service staff's responsibilities are in writing as determined by the administrator. 2. The Cook Foreman is on duty on days when the FSA is off duty and vice versa. The Food Service Administrator works Monday through Friday with weekends and holidays covered by the assistance administrators. 3. The FSA provides food service employees with training that specifically addresses detainee-related issues. In ICE Facilities this includes a review of the "Food Service" standard 4. (MANDATORY) Knife cabinets close with an approved locking device and the on-duty cook foreman maintains control of the key that locks the device. Knives and keys are inventoried and stored in accordance with the Detention Standard on Tool Control (b)(7)e The (b)(7)e knives are inventoried and logged out when in use. The policy did not require that these key be inventoried; however, during this review a log was created and the key for the knife cabinets is now inventoried, therefore, this policy and practice was corrected. 5. All knives not in a secure cutting room are physically secured to the workstation and staff directly supervises detainees using knives at these workstations. Staff monitor the condition of knives and dining utensils. Knives used in the kitchen area are physically secured to a workstation with a steel cable and padlock. The keys for the padlocks are not inventoried. The requirement to have staff monitor the condition of the knives and dining utensils is not applicable to IGSAs. At this facility the condition of the knives is monitored by food service staff. 6. Special procedures (when necessary) govern the handling of food items that pose a security threat. Yeast is not used in the facility, other foods items that pose a security threat are secured in a locked cabinet. 90 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007982 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 7. Operating procedures include daily (shakedowns) of detainee work areas. searches N/A Components Does Not Meet Standard Meets Standard PART 4 – 20. FOOD SERVICE This Detention Standard ensures that detainees are provided a nutritionally balanced diet that is prepared and presented in a sanitary and hygienic food service operation. Remarks Daily searches of detainee’s workers in the food service area are conducted by assigned correctional officers. 8. The FSA monitors staff implementation of the facility population count procedures. These procedures are in writing. Staff is trained in count procedures. Assigned correctional officers are responsible for conducting population counts and follow established written procedures. 9. (MANDATORY) There is adequate health protection for all detainees and staff in the facility, and for all persons working in food service. Detainees and other persons working in food service are monitored each day for health and cleanliness by the food service supervisor or designee. Detainee clothing and grooming comply with the "Food Service" standard. Although the Voluntary Work Program allows, ICE-detainees currently are not working in food service. County inmates assigned to food service are screened and cleared by medical staff prior to being assigned to the food service department and evaluated daily by assigned staff. Staff receives preemployment physicals during their in hiring process. 10. The FSA annually reviews detainee-volunteer job descriptions to ensure they are accurate and up-todate. ICE detainees are not assigned to work in food service at this time. However, the FSA does review the job descriptions of non-ICE detainees to ensure that they are accurate. 11. The Cook Foreman or equivalent instructs newly assigned detainee workers in the rules and procedures of the food service department. Although detainees currently do not work in food service, county inmates are assigned. Non-ICE detainee workers do not sign any type of initial work orientation prior to starting work. Monthly safety training is conducted. 12. During orientation and training session(s), the Cook Supervisor (CS) explains and demonstrates: • Safe work practices and methods. • Safety features of individual products/ pieces of equipment. • Training covers the safe handling of hazardous material[s] the detainee are likely to encounter in their work. 13. The Cook Foreman documents all training in individual detainee detention files. ICE-detainees are not assigned to work in food service at this time. However, non-ICE detainees are trained ICE-detainees are not assigned to work in food service at this time. However, non-ICE detainees are trained. 91 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007983 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 4 – 20. FOOD SERVICE This Detention Standard ensures that detainees are provided a nutritionally balanced diet that is prepared and presented in a sanitary and hygienic food service operation. Remarks 14. Detainees at SPCs and CDFs are paid in accordance with the “Voluntary Work Program” standard. Detainee workers at IGSAs are subject to local and State rules and regulations regarding detainee pay. The requirement to pay ICE detainees in accordance with the "Voluntary Work Program" standard is not applicable to IGSAs. ICE-detainees do not work in food service at this time. 15. Detainees are served at least two hot meals every day. No more than 14 hours elapse between the last meal served and the first meal of the following day. Facility policy requires that the food service contractors serve three meals a day, two of which are hot. Breakfast is served between 6 and 8 a.m., lunch is served between 10 and 12:00 p m. and dinner is served between 2 and 4:30 p m., ensuring that there are no more than 14 hours between meals. 16. For cafeteria-style operations, a transparent "sneeze guard" protects both the serving line and salad bar line. The facility does not utilize a cafeteria-style program for feeding detainees. Detainee meals are served with hot trays in the housing units. The facility does have a staff dining area equipped with a sneeze shield on the serving line. 17. The facility has a standard 35-day menu cycle. IGSAs use a 35 day or similar system for rotating meals. The requirement to have standard 35-day menu cycle is not applicable to IGSAs. A 42-day menu cycle is used. 18. (MANDATORY) A registered dietitian shall conduct a complete nutritional analysis that meets U.S. Recommended Daily Allowances (RDA), at least annually, of every master-cycle menu planned by the FSA. The dietitian must certify menus before they are incorporated into the food service program. If necessary, the FSA shall modify the menu in light of the nutritional analysis to ensure nutritional adequacy. The menu will need to be revised and re-certified by the registered dietician in that event. The current menu is certified to meet nutritional guidelines requirements established by the American Correctional Association. The analysis was completed on December 12, 2011 by the Aramark Correctional Services Dietitian. 19. The FSA has established procedures to ensure that items on the master-cycle menu are prepared and presented according to approved recipes. Recipe cards from Aramark Correctional Services are used. 20. The Cook Foreman has the authority to change menu items if necessary. • If yes, documenting each substitution, along with its justification, with copy to the FSA When a change is necessary, documentation in writing is submitted to the appropriate county officials. 21. All staff and volunteers know and adhere to written "food preparation" procedures. 92 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007984 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 4 – 20. FOOD SERVICE This Detention Standard ensures that detainees are provided a nutritionally balanced diet that is prepared and presented in a sanitary and hygienic food service operation. Remarks 22. A Common Fare menu available to detainees, at no charge, whose dietary requirements cannot be met on the main. • Changes to the planned Common Fare menu can be made at the facility level. • Hot entrees are offered three times a week. • The Common Fare menus satisfy nutritional recommended daily allowances (RDAs). • Staff routinely provides hot water for instant beverages and foods. o Common Fare meals are served with: o Disposable plates and utensils. o Reusable plates and utensils. • The Common Fare menu is based on a 14-day cycle. Changes can be made at the facility level. Hot entries are offered more than 3 times weekly. The current Common Fare Menu is approved by the Aramark Dietitian. Hot water is sent to the units in insulated dispensers. Disposable sporks and clean trays are furnished. Colorcoded cutting boards are used. Staff use separate cutting boards, knives, spoons, scoops, etc., to prepare the Common Fare diet items. 23. Detainees whose religious beliefs require the adherence to particular religious dietary laws are referred to the Chaplain or FSA. No pork is served at the facility. Requests for Kosher Diets are approved when appropriate by the Rabbi. 24. A supervisor at the command level must approve a detainee’s removal from the Common Fare Program. 25. The Facility Administrator, in conjunction with the chaplain and/or local religious leaders provides the FSA a schedule of the ceremonial meals for the following calendar year. 26. The Common Fare Program accommodates detainees abstaining from particular foods or fasting for religious purposes at prescribed times of the year. • Muslims fasting during Ramadan receive their meals after sundown. • Jews who observe Passover but do not participate in the Common Fare Program receive the same Kosher-for- Passover meals as those who do participate. • Main-line offerings include one meatless meal (lunch or dinner) on Ash Wednesday and Fridays during Lent. A common fare program is available at the facility for detainees who observe special religious holy days. Muslims are offered the breakfast meal prior to sunrise with the lunch and dinner meal served after dark. Kosher meals are provided for all of the Jewish faith during Passover. Meatless meals are provided upon request on Ash Wednesday and Fridays during Lent. 27. The food service program addresses medical diets. 28. Satellite-feeding programs follow guidelines for proper sanitation. Satellite-feeding program procedures are outlined in facility policy. 93 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007985 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 29. Hot and cold foods are maintained at the prescribed, "safe" temperature(s) as served. See Detention Standard on Food Service for guidance. N/A Does Not Meet Standard Components Meets Standard PART 4 – 20. FOOD SERVICE This Detention Standard ensures that detainees are provided a nutritionally balanced diet that is prepared and presented in a sanitary and hygienic food service operation. Remarks Temperatures were checked of plated foods during the lunch meal on January 18, 2012 and found to be in compliance with applicable standards. Once plated, meals are immediately delivered to the housing units for consumption. 30. All meals provided in nutritionally adequate portions. 31. Food is not used to punish or reward detainees based upon behavior. 32. The food service staff instruct detainee volunteers on: • Personal cleanliness and hygiene; • Sanitary techniques for preparing, storing, and serving food, and; • The sanitary operation, care, and maintenance of equipment. Although ICE-detainees currently do not work in food service, county inmates are assigned. Non-ICE detainee workers do not sign any type of initial work orientation prior to starting work. Sanitation in the food service area needs improvement. Equipment, utensils, steam pots, walls and floors need additional cleaning efforts. 33. Everyone working in the food service department complies with food safety and sanitation requirements. 34. (MANDATORY) The facility implements written procedures for the administrative, medical, and/or dietary personnel conducting the weekly inspections of all food service areas, including dining, storage, equipment, and food-preparation areas. There is no documentation that medical and/or dietary personnel conduct weekly inspections in food service area as mandated by PBNDS during the past year. Additionally, there was no written policy regarding this mandated PBNDS requirement. However, the facility wrote a memorandum, during this inspection, indicating that weekly inspections would occur. However, the practice of weekly inspections, as required by PBNDS could not be met. Facility policy does mandate a weekly inspection by the kitchen liaison and periodic inspections had been completed by the Food Service Administrator. However, this did not meet the requirements of this Mandatory section of the Food Service Standard as stated in PBNDS. 94 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007986 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 4 – 20. FOOD SERVICE This Detention Standard ensures that detainees are provided a nutritionally balanced diet that is prepared and presented in a sanitary and hygienic food service operation. Remarks 35. Reports of discrepancies are forwarded to the Facility Administrator or designated department head and corrective action is scheduled and completed. Documentation was not available indicating reports are being submitted. 36. (MANDATORY) Standard procedure includes checking and documenting temperatures of all dishwashing machines after each meal, in accordance with the Detention Standard on Food Service. Dishwasher temperatures are taken and documented following each meal in accordance with Detention Standards. 37. (MANDATORY) Staff documents the results of every refrigerator/ freezer temperature check, in accordance with the Detention Standard on Food Service. Refrigerator and freezer temperature check logs are posted as required by policy. 38. The cleaning schedule for each food service area is conspicuously posted. The cleaning schedule is posted in the common area. 39. Procedures include inspecting all incoming food shipments for damage, contamination, and pest infestation. 40. Storage areas are locked when not in use. All storage areas in food service are secured when not occupied by staff. 41. Food service personnel conduct shakedowns along with detention staff. 42. In SPCs only: The ICE supervisor on duty ensures that ICE officers participate in dining room supervision. This component is only applicable to SPCs and CDFs and is not applicable to IGSAs. Supervision is provided by correctional staff. 43. Menus are certified by a registered dietitian prior to being incorporated into the Food Service Program. The current menu is certified to meet nutritional guidelines requirements established by the American Correctional Association. The analysis was completed on December 12, 2011 by the Aramark Correctional Services Dietitian. 44. In SPCs only: the FSA prepares quarterly cost estimates for the Common Fare Program. This quarterly estimate is factored into the quarterly budget. This component is only applicable to SPCs and CDFs and is not applicable to IGSAs. Quarterly budget estimates are completed by the Food Service Administrator. 45. When required, only food service staff prepare the sack lunches for detainee transportation. Sack meals are prepared for detainees appearing in court, in transfer status and in holding rooms. 46. Air curtains or comparable devices are used on outside doors where food is prepared, stored, or served to protect against insects and other rodents. Air curtains are installed on all outside entrance doors. 47. Staff complies with the ICE requirements for "food receipt and storage. 48. Stock inventory levels are monitored and adjusted to correct overage and shortage problems. 95 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007987 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 49. Staff complies with all ICE Housekeeping, Storeroom/Refrigerator requirements. Identify and explain any shortcomings. N/A Components Does Not Meet Standard Meets Standard PART 4 – 20. FOOD SERVICE This Detention Standard ensures that detainees are provided a nutritionally balanced diet that is prepared and presented in a sanitary and hygienic food service operation. Remarks All storeroom, coolers and freezers were visited during this review and were found to be neat with items stored on pallets. Dates were checked on food items stored and found to be current. 50. Dining room facilities and operating procedures will provide sufficient space and time for detainees to eat meals in a relatively relaxed, unregimented atmosphere. Detainees are served meals in the housing units and are allowed sufficient time to eat. 51. (MANDATORY) An independent, external source shall conduct annual inspections to ensure that the food service facilities and equipment meet governmental health and safety codes. Corrective action is taken on deficiencies, if any. An inspection of the facility was completed by the Bergen County Department of Health on June 9, 2011. 52. Personnel inspecting the food service department shall note needed corrective action(s), if any, in a written report to the Facility Administrator. 53. Only those toxic and caustic materials required for sanitary maintenance of the facility, equipment, and utensils shall be used in the food service department. Material Safety Data Sheets (MSDSs) will be maintained on all flammable, toxic, and caustic substances used. Only chemicals approved to be used in a food service program were present. Material Safety Data Sheets are available for all chemicals and accurate chemical inventories are maintained. 54. (MANDATORY) The FSA is responsible for pest control in the food service department, including contracting the services of an outside exterminator. Weekly pest control procedures are conducted. FOOD SERVICE Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) The PBNDS Mandatory Component in the Food Service Standard that requires the facility implement written procedures for the administrative, medical and/or dietary personnel conducting weekly inspections for all food service areas, including dining, storage, equipment, and food preparation areas was not met during this PBNDS Inspection. The PBNDS Food Service Standard states in part in Section13. "Mandatory Inspection - The facility shall implement written procedures requiring administrative, medical, and/or dietary personnel to conduct the weekly inspections of all food service areas, including dining, storage, equipment, and food-preparation areas." Also, "All of the food service department equipment (ranges, ovens, refrigerators, mixers, dishwashers, garbage disposal, etc.) require frequent inspections to ensure their sanitary and operable condition. Staff shall check refrigerator and water temperatures daily and record the results. The FSA or designee will verify and document requirements of food and equipment temperatures. The FSA or CS shall inspect food service areas at least weekly." The Food Service Administrator has received Aramark corporate training. There are three (3) Assistant Food Service Administrators, twenty six (26) full-time employees and a twenty (20) hour-per week dietitian employed at the facility. The food 96 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007988 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 service operation is open 24 hours daily. Food service staff's responsibilities are in writing and have been determined by the administrator. The knives are inventoried and logged out when in use. Knives are secured with a steel cable and padlock system. The policy did not cover the key for the knife cabinet and it was not inventoried, however, during this review a log was created and the key for the knife cabinets is now inventoried. (b)(7)e Detainees do not work in food service at this time. A check of the facility voluntary work program indicates detainees can volunteer to work in food service. County inmates assigned to food service are screened and cleared by medical staff prior to being assigned to the food service department. Three meals are served daily, two that are hot. Breakfast is served between 6 and 8 a m., lunch is served between 10 and 12:00 p m. and dinner is served between 2 and 4:30 p m., leaving no more than 14 hours between meals. The menus are certified by the dietitian to meet nutritional guidelines requirements established by the American Correctional Association. A common fare program is available at the facility for detainees who observe special religious holy days. Muslims are offered the breakfast meal prior to sunrise with the lunch and dinner meal served after dark. Kosher meals are provided for all of the Jewish faith during Passover. Meatless meals are provided upon request on Ash Wednesday and Fridays during Lent The facility does not utilize a cafeteria-style program for feeding detainees. Detainee meals are served with hot trays in the housing There is no documentation that medical and/or dietary personnel conduct weekly inspections in food service area. Facility policy does mandate a weekly inspection by the kitchen liaison. Periodic inspections are completed by the Food Service Administrator. Sanitation in the food service area needs improvement. Equipment, utensils, steam pots, walls, floors and ceiling vents need additional cleaning efforts. All storeroom, coolers and freezers were visited during this review. All were found to be neat and orderly with items stored on pallets. Dates were checked on food items in the coolers and found to be current. Weekly pest control procedures are conducted. Even though there was corrective action taken on several issues related to Food Service during the inspection, weekly mandated inspections were not taking place during the past year. As stated in Component 34, the facility wrote a memorandum during the inspection that weekly inspections would take place. However, there was no documentation that provided the proof of practice that weekly inspections had taken place during this past year. / 01/20/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 97 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007989 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 4 – 21. HUNGER STRIKES This Detention Standard protects detainees’ health and well-being by monitoring, counseling and, when appropriate, treating any detainee who is on a hunger strike. Remarks 1. When a detainee has refused food or observed to have not eaten for 72 hours, it is standard practice for staff to refer him or her to the medical department. In accordance with established policy, and as confirmed by Health Services Administrator (HSA), medical staff are notified and immediately evaluation a detainee when that detainee refuses a fourth consecutive meal or declares a hunger strike. 2. Facility immediately reports via the chain of command a hunger strike to ICE/DRO. In accordance with facility policy, and as confirmed by the HSA and as confirmed by the Supervisory Immigration and Enforcement Agent (SIEA), ICE is notified immediately of any detainee hunger strike. 3. The facility has established procedures to ensure staff respond immediately to a hunger strike. Procedures established in facility policy require staff to report any detainee refusing more than three meals to the medical department and to an immediate supervisor. Medical procedures include inquiry as to the reason for the hunger strike, an initial and follow-up medical evaluations, counseling as to the physical effects of starvation, and referral to and evaluation by mental health staff. 4. Policy and procedure require that staff isolate a hunger-striking detainee from other detainees. In accordance with facility policy and as confirmed by the HSA, when a detainee has refused food for 72 hours, or sooner if clinically indicated, that detainee is placed in a single occupancy room in the medical unit infirmary. 5. Medical personnel are authorized to place a detainee in the Special Management Unit or a locked hospital room. As established per facility policy and confirmed by the HSA, medical personnel are authorized to place a hunger striker in a secure medical infirmary room. 98 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007990 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 4 – 21. HUNGER STRIKES This Detention Standard protects detainees’ health and well-being by monitoring, counseling and, when appropriate, treating any detainee who is on a hunger strike. Remarks 6. Medical staff records the weight and vital signs of a hunger-striking detainee at least once every 24 hours. In accordance with facility policy, a hunger striker's vital signs and weight are checked and documented at least once every twenty-four hours. Per the HSA, in practice a detainee's vital signs are checked once each eight-hour shift. 7. The facility medical authority obtains a hunger striker’s consent before medical treatment. As confirmed per a review of detainee medical records, each detainee signs a general consent for medical treatment during the medical intake screening process. A procedure-specific consent would be obtained if the hunger striker needed any medically-invasive procedure. 8. A signed Refusal of Treatment form is required of every detainee who rejects medical evaluation or treatment, or two staff/provider signatures indicating detainee refusal to sign form. In accordance with facility policy, any detainee refusing medical evaluation or treatment is required to sign an Inmate Refusal of Medical Treatment form and is referred to mental health staff for counseling. If the detainee refuses treatment and refuses to sign the form, the refusal is documented by two staff signatures. Use of these forms was confirmed per a review of detainee medical records. 9. Unless otherwise directed by the medical authority, staff delivers three meals per day to the detainee's room, regardless of the detainee's response to a verbally offered meal and document those meal offers. Facility policy requires the delivery of three regular meals per day. Per the HSA, meal acceptance or refusal is documented in a log book by detention officers and on a Hunger Strike Flow Record by medical staff. 10. Staff maintains the hunger striker’s supply of drinking water/other beverages. Per the HSA, staff provide drinking water and/or other beverages at least once every two hours. 11. During a hunger strike, staff removes all food items from the hunger striker’s living area. In accordance with facility policy and as confirmed by the HSA, all food except for that provided by staff is removed from the hunger striker's room. 99 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007991 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 4 – 21. HUNGER STRIKES This Detention Standard protects detainees’ health and well-being by monitoring, counseling and, when appropriate, treating any detainee who is on a hunger strike. Remarks 12. Staff is directed to record the hunger striker’s fluid intake and food consumption on the Hunger Strike Monitoring Form I-839 or equivalent. In accordance with facility policy and as confirmed by HSA, a hunger striker's fluid intake and food consumption are documented on a facility Hunger Strike Flow Record. 13. The medical staff has written procedures for treating hunger strikers. Facility policies addressing hunger strikes establish procedures for an initial and follow-up medical evaluations, counseling as to the medical risks of a continued hunger strike, referral to mental health staff, monitoring of fluid and food intake, at least daily checks of a detainee's weight and vital signs, laboratory testing as clinically indicated and follow up evaluations by the physician. 14. Staff documents all treatment attempts in the medical record, including attempts to persuade the hunger striker by counseling him or her of the medical risks. In accordance with procedures established in facility policy and as confirmed by the HSA, all treatment attempts, including encouraging the detainee to eat and counseling on the medical risks of a continued hunger strike, are documented in the medical record. 15. All staff receives orientation and annual training on recognizing the signs of a hunger striker and on the procedures for referral for medical assessment. Medical staff receives training in hunger-strike evaluation and treatment and remain up-to-date on these techniques. Per the Operations Lieutenant and as confirmed per a review of staff training sign-in sheets, staff receives annual training on recognizing the signs of a hunger strike and on the procedures for referral for medical assessment. The curriculum for the training provided at the pre-service academy was not available for review to confirm that hunger strike training is included in this academy training. As confirmed per a review of training documentation maintained by the HSA, medical staff receives annual training on hunger strike evaluation and treatment. PART 4 – 21. HUNGER STRIKES Meets Standard Does Not Meet Standard N/A Repeat Finding 100 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007992 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 Remarks: (Record significant facts, observations, other sources used, etc.) Policies and procedures for identifying and responding to a hunger strike are in place. Training on the identification and medical evaluation and treatment of hunger strikers is provided. Per the Supervisory Immigration and Enforcement Agent, one ICE detainee declared a hunger strike in May, 2011. The current health services contractor, CFG Health Systems (CFG), began providing services at this facility shortly thereafter, but was not given access to the electronic medical records maintained by the previous contract provider. The medical record of the one reported hunger striker was therefore not available for review. Per the Health Services Administrator, there have been no detainee hunger strikes in this facility since CFG began providing services. As there were thus no pertinent detainee medical records available for review, the inspector was unable to confirm if the actual practices of this facility fully comply with this standard. The standard’s rating was based on a review of established policies and forms, on interviews with Health Services Administrator, the Operations Lieutenant, a training officer and the Supervisory Immigration and Enforcement Agent, on a review of staff training documentation and on observations in the medical unit. 01/20/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 101 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007993 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 1. The facility operates a health care facility in compliance with state and local laws and guidelines. N/A Does Not Meet Standard Components Meets Standard PART 4 – 22. MEDICAL CARE This Detention Standard ensures that detainees have access to a continuum of health care services, including prevention and health education, so that their health care needs are met in a timely and efficient manner. Remarks Per a review of the credential files maintained by Health Services Administrator (HSA), medical staff licenses are current. A current pharmacy license and Drug Enforcement Administration (DEA) pharmacy and provider certificates were posted in the facility pharmacy room. As confirmed per a review of written reports, a licensed pharmacist conducts on-site inspections of the facility pharmacy room once every three months to ensure consistent compliance with state pharmacy law. As confirmed per review of a posted CLIA (Clinical Laboratory Improvement Amendment) waiver certificate, the facility is also certified through the Centers for Medicare & Medicaid Services to collect medical specimens and run simple laboratory tests. Per the HSA, the medical services operation is inspected annually by the New Jersey Department of Corrections Health Services Unit. 102 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007994 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 4 – 22. MEDICAL CARE This Detention Standard ensures that detainees have access to a continuum of health care services, including prevention and health education, so that their health care needs are met in a timely and efficient manner. Remarks 2. The facility’s in-processing procedures of arriving detainees include medical screening. In accordance with facility policy, and as confirmed per direct observation and a review of detainee medical records, registered nurses (RNs) conduct an intake medical screening on each detainee during in-processing. Per a review of twenty-one detainee medical records, intake screenings are consistently timely completed on each detainee. Per a review of quality assurance monitoring logs, the majority of these screenings are completed within two hours of a detainee's arrival. 3. (MANDATORY) The essential positions needed to perform the health services mission and provide the required scope of services are described in a staffing plan that is reviewed at least annually by the health authority. The current facility staffing plan includes(b)(7)(e)full-time equivalent (FTE) staff. Health care services are provided under the administrative oversight of CFG Health Systems (CFG), a contract provider. Facility employees include (b)(7)(e) RNs, (b)(7)(e) licensed practical nurses (LPNs) and several medical records clerks. In addition to administrative staff, CFG provides(b)(7)(e) physicians(b)(7)(e) FTE nurse practitioners, a dentist and a dental assistant and pharmacy techs. CFG mental health providers include a psychologist, a psychiatrist and FTE mental (b)(7)(e) health counselors. The current staffing plan was developed by the HSA and the CFG Corporate Clinical Manager when CFG was awarded the contract and began providing services in May 2011. Per the HSA, the plan is currently under review. 103 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007995 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 4 – 22. MEDICAL CARE This Detention Standard ensures that detainees have access to a continuum of health care services, including prevention and health education, so that their health care needs are met in a timely and efficient manner. Remarks 4. (MANDATORY) Newly admitted detainees will be informed, orally and in writing (in a language they can understand), about how to access health services. Per the HSA, detainees are verbally informed about how to access health services during the medical intake screening process. The instructions are printed in the facility detainee handbook, available in English and Spanish, and given to each detainee upon arrival. Per the Administrative Lieutenant, instructions for accessing health care are also included in an orientation video broadcast via closed-circuit television each morning. Per the HSA and the Supervisory Immigration and Enforcement Agent (SIEA), the ICE Language Line, a phone-based interpretation service, is available for use when communicating with non-English speaking detainees. 5. Detainees will have access to and receive specified 24-hour emergency medical, dental, and mental health services. At least one nurse practitioner (NP), and(b)(7)(e)(b)(7)(e) to RNs and LPNs are on duty 24 hours a day, seven days a week to provide 24-hour emergency health services. A physician and an independently licensed mental health professional are on-call for consultation as needed when not on site. Per the HSA and the Operations Lieutenant, and as confirmed per a review of detention staff training sign-in sheets and medical staff credentialing files, all detention and medical staff are trained in first aid and certified in cardiopulmonary resuscitation (CPR)/automated external defibrillator (AED). Outside emergency medical response and transport services (EMS) are available as needed through a 911 call. A review of detainee medical records confirmed the provision of emergency medical services when needed. 104 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007996 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 4 – 22. MEDICAL CARE This Detention Standard ensures that detainees have access to a continuum of health care services, including prevention and health education, so that their health care needs are met in a timely and efficient manner. Remarks 6. New direct care staff will receive tuberculosis tests prior to their job assignment and periodically thereafter and will be offered the hepatitis B vaccine series. Per the HSA, new staff are given a tuberculosis (TB) test and are offered the hepatitis B vaccine series through the county's employee health center upon initial employment. Documentation of this testing and immunization was not available at the facility. As confirmed per a review of documentation maintained by the HSA, annual staff TB testing is provided at the facility. . 7. Health care services will be provided by trained and qualified personnel, whose duties are governed by job descriptions and who are properly licensed, certified, credentialed, and/or registered in compliance with applicable state and federal requirements. As confirmed per a review of documentation maintained by the HSA, job descriptions and copies of applicable licenses/certifications and credentials are on file in the medical unit. 8. The facility provides each detainee, upon admittance, a copy of the detainee handbook or equivalent, in which procedures for access to health care services are explained (in a language they can understand). Instructions for accessing health care are included in the facility detainee handbook, available in English and Spanish, and given to each detainee upon admission as documented on the detainee's property receipt. Per the SIEA, using the ICE Language Line, the handbook is read to detainees unable to understand English or Spanish. 9. In SPCs and CDFs, medical personnel credentialing and verification complies with the standards established by the NCCHC and Joint Commission. This component is not applicable to IGSAs. In this facility, however, medical personnel credentialing files are maintained in accordance with National Commission on Correctional Health Care (NCCHC) standards. Per the HSA, the facility is preparing for an initial NCCHC audit. 105 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007997 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 10. Within 12 hours of arrival, all newly admitted detainees receive initial medical, dental and mental health screening by a health care provider or a detention officer specially trained to perform this function. • When screening is performed by a detention officer, the facility maintains documentation of the officer’s special training. 11. (MANDATORY) If language difficulties prevent the health care provider/officer from sufficiently communicating with the detainee for purposes of completing the medical screening, the officer obtains translation assistance. N/A Does Not Meet Standard Components Meets Standard PART 4 – 22. MEDICAL CARE This Detention Standard ensures that detainees have access to a continuum of health care services, including prevention and health education, so that their health care needs are met in a timely and efficient manner. Remarks Per the HSA and as confirmed per a review of detainee medical records, health screenings covering medical, dental and mental health concerns are completed by registered nurses upon the detainee's arrival at the facility. These nurses have been trained by the dentist to complete the dental screening and by the psychologist to complete the mental health screening. Per a review of twenty-one detainee medical records, these intake health screenings are consistently timely completed. Per a review of quality assurance monitoring logs, the majority of these screenings are completed within two hours of a detainee's arrival. Spanish-speaking staff are available to communicate with non-English speaking detainees. Per the HSA, the ICE Language Line, a telephone-based interpretation service, is used as needed if staff interpreters are not available and for detainees unable to speak English or Spanish. 106 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007998 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 4 – 22. MEDICAL CARE This Detention Standard ensures that detainees have access to a continuum of health care services, including prevention and health education, so that their health care needs are met in a timely and efficient manner. Remarks 12. The facility has sufficient space and equipment to afford each detainee privacy when receiving health care. The medical facility includes four appropriately equipped treatment/exam rooms and two dental clinic rooms. Another examination room for intake screening is located in the Intake area. Private offices are available in the medical unit for mental health evaluations and for use by the HIV counselor. Satellite examination rooms are available on the housing units. Direct observations within the medical unit confirmed the provision of privacy during healthcare encounters. Officers providing supervision remain outside of the room unless security concerns require their immediate presence. Detainees waiting to be seen are not within sight or sound of those receiving treatment. 13. The medical facility has its own restricted-access area. The restricted access area is located within the confines of the secure perimeter. Access to the medical unit, located on the first floor within the secure perimeter, is limited to authorized staff and to detainees escorted to the unit for medical treatment. 14. The medical facility holding/waiting room. Detainees waiting to be seen by medical staff are held in a large room adjacent to the medical unit. A second smaller waiting room is located near the entrance to the medical unit and is used as needed to separate the detainees by gender. entrance includes a 15. The medical facility’s holding/waiting room under the direct supervision of custodial staff. As confirmed per direct observation, detention officers maintain supervision of all detainees escorted to the medical unit, including those in the waiting rooms. 16. Detainees in the holding/waiting room have access to a toilet and a drinking fountain. As confirmed per direct observation, a toilet and access to drinking water are available in each of the medical unit waiting rooms. 107 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.007999 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 17. Medical records are kept apart from other files. They are: • Secured in a locked area within the medical unit. • With physical access restricted to authorized medical staff. • Procedurally, no copies made and placed in detainee files. N/A Does Not Meet Standard Components Meets Standard PART 4 – 22. MEDICAL CARE This Detention Standard ensures that detainees have access to a continuum of health care services, including prevention and health education, so that their health care needs are met in a timely and efficient manner. Remarks As confirmed per direct observation, detainee medical records are stored in a secure medical records room within the medical unit. Per the HSA, the room is locked when medical staff are not in the room and when detainees are in the vicinity for medical treatment. Access to medical records is controlled by and limited to medical staff. Copies of medical records are made only pursuant to a detainee's signed release of information authorization and are not made for placement in non-medical detainee files. 18. (MANDATORY) A signed and dated consent form is obtained from a detainee before medical treatment is administered. As confirmed per a review of detainee medical records, each detainee signs a general consent for medical treatment during the medical intake screening process. A procedure-specific consent is required for any medically invasive procedure such as a dental extraction or minor surgery. 19. Detainees use the I-813 (or IGSA equivalent) to authorize the release of confidential medical records to outside sources. Per the HSA, a HIPAA (Health Insurance Portability and Accountability Act of 1996) compliant release of information form supplied by an attorney or an outside medical provider is signed by a detainee to authorize the release of confidential medical records to that outside source. No such authorizations were included in the medical records reviewed. 20. The facility health care provider is given advance notice prior to the release, transfer, or removal of a detainee. Per the HSA, notification of a detainee's release, transfer or removal from the facility is usually provided several hours in advance. The facility works closely with ICE Health Service Corps (IHSC) liaisons to prepare in advance for the transfer of detainees with significant health concerns. 108 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008000 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 4 – 22. MEDICAL CARE This Detention Standard ensures that detainees have access to a continuum of health care services, including prevention and health education, so that their health care needs are met in a timely and efficient manner. Remarks 21. A detainee's medical records will be transferred as appropriate. All detainees will be transferred with a copy of their transfer summary. A medical transfer summary is prepared for transfer with the detainee. The full medical record is maintained by the facility. . 22. Medical records are placed in a sealed envelope or other container labeled with the detainee's name and A-number and marked "MEDICAL CONFIDENTIAL.” As confirmed per a description of the process provided by the HSA, medical records prepared for transport with a detainee are placed in a sealed and appropriately labeled envelope. 23. Medical screening includes a Tuberculosis (TB) test. In accordance with facility policy and as confirmed by the HSA, a TB skin test is administered to each detainee during the medical intake screening process unless that detainee arrives with documentation of recent screening via a skin test or chest x-ray. Per a review of twentyone detainee medical records, fifteen detainees arrived with documentation of a recent TB screening. The remaining five were given a TB test during medical intake screening. 109 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008001 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 24. All detainees receive a mental-health screening upon arrival. It is conducted: • By a health care provider or specially trained officer; • Before a detainee’s assignment to a housing unit. 25. The facility health care provider promptly reviews all I794s (or equivalent) to identify detainees needing medical attention. N/A Does Not Meet Standard Components Meets Standard PART 4 – 22. MEDICAL CARE This Detention Standard ensures that detainees have access to a continuum of health care services, including prevention and health education, so that their health care needs are met in a timely and efficient manner. Remarks Per the HSA and as confirmed per a review of detainee medical records, the intake health screening conducted by a registered nurse upon a detainee's arrival, and before that detainee's assignment to a housing unit, includes a screening for mental health concerns. The RNs were trained by the psychologist to conduct these screenings. As confirmed per signatures on completed forms, a mental health professional reviews each completed mental health screening form within one business day. Per a review of twenty-one detainee medical records, these intake mental health screenings are consistently timely completed. The reviewed medical records also included documentation of prompt referral to, and follow up by, mental health staff when an urgent mental health concern was identified during the screening process. As confirmed per signatures on the completed forms, a nurse practitioner promptly reviews all medical intake screening forms. Per a review of detainee medical records, any detainee identified as having an active medical concern is promptly examined by the nurse practitioner. Completed mental health intake screening forms are reviewed by a mental health professional within one business day. Detainees with mental health concerns are referred to the psychologist for further evaluation. 110 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008002 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 4 – 22. MEDICAL CARE This Detention Standard ensures that detainees have access to a continuum of health care services, including prevention and health education, so that their health care needs are met in a timely and efficient manner. Remarks 26. (MANDATORY) Each facility’s health care provider conducts a health appraisal and physical examination on each detainee within 14 days of arrival. If there is documentation of one within the previous 90 days, the facility health care provider may determine that a new appraisal is not required. A nurse practitioner timely conducts a health appraisal and physical examination on each newly arrived detainee. Per a review of 21 detainee medical records, health appraisals and physical examinations were completed on 19 detainees within 24 hours. The remaining two detainees received health appraisals and examinations within 48 hours. 27. Detainees in the Special Management Unit have access to the same level of health care as detainees in the general population. Per the HSA, detainees in the special management unit have access to the same level of health care as the general population. As confirmed per a review of detaineespecific segregation logs maintained in the medical unit, medical staff make daily rounds in the special management unit, speaking directly with each detainee. Detainees also have access to nursing staff during twice daily medical administration rounds and have the ability to submit sick call requests via the kiosk communication system or per use of paper request slips. Those in need of treatment are seen in the medical satellite room in the unit or are escorted to the medical unit. 111 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008003 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 28. Staff provides detainees with health- services (sick call) request slips daily, upon request. • Request slips are available in the languages other than English, including every language spoken by a sizeable number of the facility’s detainee population. • Service-request slips are delivered in a timely fashion to the health care provider. N/A Does Not Meet Standard Components Meets Standard PART 4 – 22. MEDICAL CARE This Detention Standard ensures that detainees have access to a continuum of health care services, including prevention and health education, so that their health care needs are met in a timely and efficient manner. Remarks Kiosks located in detainee housing units allow detainees to electronically submit health services requests, in either English or Spanish, directly to medical staff. Per the HSA, requests are reviewed and triaged by medical staff twice each day. Those detainees with urgent concerns are escorted to the medical unit for immediate evaluation. Those with less urgent concerns are scheduled for sick call the following day, scheduled when applicable for a dental appointment or referred to mental health staff when requested. Detainees also access written responses through the kiosks. Copies of electronic requests and responses are placed in the applicable detainee's medical record. Paper sick call request slips, available in English and Spanish, are also available for use by those detainees who prefer not to use the kiosks. These paper requests are collected by nursing staff during medication administration rounds. A review of detainee medical records confirmed timely responses to sick call requests. 112 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008004 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 4 – 22. MEDICAL CARE This Detention Standard ensures that detainees have access to a continuum of health care services, including prevention and health education, so that their health care needs are met in a timely and efficient manner. Remarks 29. (MANDATORY) The facility has a written plan for the delivery of 24-hour emergency health care when no medical personnel are on duty at the facility, or when immediate outside medical attention is required. Medical staff, including nurse practitioners, are on duty 24 hours a day, seven days a week. Facility policies establish procedures for the delivery of 24-hour emergency health care when immediate outside medical attention is required. Medical staff are notified of a potential medical emergency and respond to the scene with a stretcher, emergency medical supplies, an AED and oxygen. Emergency treatment is provided, and, if clinically indicated, the detainee is transported, per ambulance (summoned by a 911 call) or facility vehicle as determined appropriate by medical staff, to a local hospital emergency room. Medical staff contact emergency room staff to provide medical summary information needed for continuity of care. 30. The plan includes an on-call provider. One or more nurse practitioners are on duty 24 hours a day, seven days a week. A physician is on-call for consultation as needed for medical emergencies. A psychologist or psychiatrist is on call for mental health emergencies. 31. The plan includes a list of telephone numbers for local ambulances and hospital services. EMS services are summoned per a 911 call. Phone numbers for the local hospitals are available in the medical unit. 113 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008005 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 4 – 22. MEDICAL CARE This Detention Standard ensures that detainees have access to a continuum of health care services, including prevention and health education, so that their health care needs are met in a timely and efficient manner. Remarks 32. The plan includes procedures for facility staff to utilize this emergency health care consistent with security and safety. Facility policies establish procedures for the coordination of medical and security responses to a medical emergency. Officers in Center Control monitor communications signifying the need for outside transport and notify the on-duty security supervisor. If transport to a community hospital, via facility vehicle or ambulance, is needed, transport officers are assigned, prepare the detainee for a secure transport, escort EMS responders to the scene of the emergency if applicable, and escort and maintain supervision of the detainee on the drive to and while at the hospital. Two officers are assigned to escort any detainee transported out of the facility. One officer remains with any detainee admitted to a community hospital. 33. (MANDATORY) Detention and health care personnel will be trained, at least annually, to respond to healthrelated situations within four minutes and to properly use first aid kits, available in designated areas. Per the Operations Lieutenant, new detention staff attending the academy are trained in first aid and certified in CPR/AED. As confirmed per a review of staff training sign-in sheets, all detention and health care staff receive refresher first aid training every year during in-service training. CPR/AED recertification is completed every two years and was in progress during the inspection. 34. Where staff is used to distribute medication, a health care provider properly trains these officers. All medications in this facility are administered by medical staff. 114 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008006 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 35. Pharmaceuticals and nonprescription medicines will be stored, inventoried, dispensed, and administered in accordance with sound standards and facility needs for safety and security. N/A Does Not Meet Standard Components Meets Standard PART 4 – 22. MEDICAL CARE This Detention Standard ensures that detainees have access to a continuum of health care services, including prevention and health education, so that their health care needs are met in a timely and efficient manner. Remarks Pharmaceuticals are dispensed by an off-site pharmacy provider and stored in a secure pharmacy room under the supervision of a pharmacy technician and with oversight by a licensed pharmacist. Inventories are maintained by the pharmacy technician. As confirmed per discussion with the HSA and observations during medication administration rounds and per a review of related documentation, medications are administered in accordance with accepted medical standards under the supervision of the HSA and the Director of Nursing. 115 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008007 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 36. (MANDATORY) Each facility has written policy and procedures for the management of pharmaceuticals that include: • A formulary of all prescription and nonprescription medicines stocked or routinely procured from outside sources. • A method for obtaining medicines not on the formulary. • Prescription practices, including requirements that medications are prescribed only when clinically indicated and that prescription are reviewed before being renewed. • Procurement, receipt, distribution, storage, dispensing, administration, and disposal of medications. • Secure storage and perpetual inventory of all controlled substances (DEA Schedule II-V), syringes, and needles. N/A Does Not Meet Standard Components Meets Standard PART 4 – 22. MEDICAL CARE This Detention Standard ensures that detainees have access to a continuum of health care services, including prevention and health education, so that their health care needs are met in a timely and efficient manner. Remarks Facility pharmaceutical policies establish procedures for the management of pharmaceuticals. The facility uses the ICE formulary for ICE detainees. Approval for use of off-formulary medications is obtained through submission of a Drug Prior Authorization Request Form. Per the HSA, responses are provided within 24 hours. Policy requires that medications be prescribed and renewed only when clinically indicated. The pharmacy technician is responsible for maintaining documentation on the procurement and receipt of medication. Dispensing and disposal of medication is the responsibility of the contract pharmacists. Nursing staff document medication administration on detainee-specific Medical Administration Records (MARs). Prescription medications, needles and syringes are secured in locked cabinets within the pharmacy room. Non-prescription medications are stored on shelves within this room. Perpetual inventories are maintained on all syringes and needles and on DEA Schedule II-V controlled substances, and verified accurate per counts three times each day at shift change. Spot checks by the inspector confirmed the accuracy of the inventory documentation. 116 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008008 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 37. All pharmaceuticals are stored in a secure area with the following features: • A secure perimeter; • Access limited to authorized medical staff (never detainees); • Solid walls from floor to ceiling and a solid ceiling; • A solid core entrance door with a high security lock (with no other access); and • A secure medication storage area. 38. In SPCs and CDFs, the pharmacy has a locking pass-through window. • Administration and management in accordance with state and federal law. • Supervision by properly licensed personnel. • Administration of medications by personnel properly trained and under the supervision of the health services administrator, or equivalent. • Accountability for administering or distributing medications in a timely manner and according to physician orders. N/A Does Not Meet Standard Components Meets Standard PART 4 – 22. MEDICAL CARE This Detention Standard ensures that detainees have access to a continuum of health care services, including prevention and health education, so that their health care needs are met in a timely and efficient manner. Remarks As confirmed by direct observation, all pharmaceuticals are stored in a pharmacy room within the secure medical unit. The room's construction includes solid floor to ceiling walls, a solid ceiling and a steel door with a high security lock. Access is limited to authorized medical staff. Medications needed for medication administration rounds are stored in locked medication carts stored in the pharmacy room when not in use. Bulk supplies of prescription medications are secured in locked cabinets within the pharmacy room. Non-prescription medications are stored on shelves within the pharmacy room. The portion of this component requiring a locking pass-through window is not applicable to IGSAs. The pharmacy room in this facility does not have a pass-through window as medications are administered in the housing units. The pharmacy is licensed, operates under the supervision of a licensed pharmacist with the assistance of a trained pharmacy technician and maintains DEA licensure. As confirmed per direct observation during medication administration rounds and a review of Medication Administration Records (MARs), medications are timely administered by appropriately licensed medical staff under the supervision of the HSA and in accordance with physician and other appropriately licensed provider orders. 117 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008009 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 39. Distribution of medication is in accordance with specific instructions and procedures established by the health care provider. Written records of all medication given to detainees are maintained. N/A Does Not Meet Standard Components Meets Standard PART 4 – 22. MEDICAL CARE This Detention Standard ensures that detainees have access to a continuum of health care services, including prevention and health education, so that their health care needs are met in a timely and efficient manner. Remarks Medications are administered by medical staff in accordance with facility policy and physicianapproved nursing protocols. Administration is documented on detainee-specific MARs as confirmed per direct observation during medication administration rounds in the housing units and a review of medical documentation. When completed, MARs are filed in the applicable detainee's medical record. 40. Medication may not be delivered or administered by detainees. • In facilities that are medically staffed 24 hours a day, the health care provider distributes medication. • In facilities that are not medically staffed 24 hours a day, medication may be distributed by detention officers, who have received proper training by the health care provider, only when medication must be delivered at a specific time when medical staff is not on duty. 41. The facility maintains documentation of the training given any officer required to distribute medication, and the officer has available for reference the training syllabus or other guide or protocol provided by the health authority. Detainees are not involved in the delivery or the administration of medications. Medical staff are on duty 24 hours a day and administer all medications. Officers in this facility do not distribute medications. All medications are administered by medical staff. 42. The Warden/Facility receives notification that a detainee that has special medical needs. Per the HSA and as confirmed per documentation in detainee medical records, medical staff provides notification to facility staff of a detainee's special medical needs per written memos to the Classification office. 43. Procedures are in place, consistent with the detention standard, for examinations by independent medical service providers and experts. Per the HSA, any detainee requesting an independent medical exam is referred to ICE. If the request is approved by ICE, the facility will make arrangements to accommodate an on-site visit by the independent medical provider or expert. 118 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008010 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 44. (MANDATORY) Each facility has a written plan (or plans) that address the management of infectious and communicable diseases, including prevention, education, identification, surveillance, immunization (when applicable), treatment, follow-up, isolation (when indicated), and reporting to local, state, and federal agencies. Plans include: • Coordination with public health authorities; • Ongoing education for staff and detainees; • Control, treatment, and prevention strategies; • Protection of individual confidentiality; • Media relations; • Management of tuberculosis, hepatitis A, B, and C, HIV infection, avian influenza, and • Reporting communicable diseases to local and/or state health departments in accordance with local and state regulations. 45. Detainees diagnosed with a communicable disease are isolated according to local medical operating procedures. N/A Does Not Meet Standard Components Meets Standard PART 4 – 22. MEDICAL CARE This Detention Standard ensures that detainees have access to a continuum of health care services, including prevention and health education, so that their health care needs are met in a timely and efficient manner. Remarks The facility infection control manual and facility policies establish procedures for the management of infectious and communicable diseases, inclusive of prevention, education, identification, surveillance, immunization, treatment and isolation. Per the HSA, the facility's contract lab services provider submits all required communicable disease reports, and the state Department of Health follows up with the facility. Facility medical staff also consult with the county health department on communicable disease concerns such as a recent outbreak of chicken pox. Education of staff and detainees, and control, treatment and prevention strategies are included in the plan. Facility policy addresses the confidentiality of medical information. The communicable disease plan specifically addresses the management of TB, hepatitis, HIV and other infectious diseases. The HSA receives communicable disease updates from the Hudson Regional Health Commission. All media contacts are referred through the chain of command. Detainees needing respiratory isolation are transported to an outside facility where negative pressure/respiratory isolation rooms are available. Single occupancy rooms in the medical unit infirmary are used as clinically indicated to isolation detainees diagnosed with communicable diseases such as chicken pox, fevers or infected open wounds. 119 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008011 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 4 – 22. MEDICAL CARE This Detention Standard ensures that detainees have access to a continuum of health care services, including prevention and health education, so that their health care needs are met in a timely and efficient manner. Remarks 46. All new arrivals receive TB screening in accordance with guidelines of the Centers for Disease Control (CDC). Unless a chest x-ray is the primary screening method, the PPD (mantoux method) is the primary screening method. (For a detainee on whom the PPD is contraindicated; a chest x-ray will be needed. Detainees not screened are housed separate from the general population. As confirmed per a review of detainee medical records, all newly arriving detainees are screened for TB per a PPD (mantoux method) skin test unless that detainee arrives with documentation of recent screening or a history of positive reactions to the PPD. Per a review of 21 detainee medical records, fifteen detainees arrived with documentation of a recent TB screening. The remaining five were given a TB skin test during medical intake screening. Testing was done before the detainee was placed in general population. 47. Detainees with symptoms suggestive of TB are placed in a negative pressure isolation room and promptly evaluated for TB disease. Detainees at facilities with no negative pressure isolation room are referred to an appropriate off-site facility. The facility does not have a negative pressure/respiratory isolation room. Per the HSA, any detainee identified as potentially infectious would be transferred to a facility with the capacity to provide respiratory isolation. 48. A transportation system will be available that ensures timely access to health care services that are only available outside the facility, including: prioritization of medical need, urgency (ambulance versus standard), and transfer of medical information. EMS transport is available per a 911 call in the event of a medical emergency. Per the HSA, Ambucar Ambulance is available for the transport of detainees with urgent, but not emergent medical conditions. A Medical Referral/Transportation Form is used to notify facility staff of scheduled outside medical appointments with transport per a facility vehicle. Per the HSA and as confirmed per documentation of completed trips, such transportation is consistently available when needed. As confirmed per a review of detainee medical records, applicable medical information is transferred with the detainee when outside medical resources are utilized. 120 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008012 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 4 – 22. MEDICAL CARE This Detention Standard ensures that detainees have access to a continuum of health care services, including prevention and health education, so that their health care needs are met in a timely and efficient manner. Remarks 49. Detainee who requires close, chronic or convalescent medical supervision will be treated in accordance with a plan approved by licensed physician, physician assist, nurse practitioner, dentist, or mental health practitioner that includes directions to health care and other involved personnel. Using CFG Chronic Disease Management Guidelines, the physician or nurse practitioner establishes a plan of treatment for detainees who require close, chronic and/or convalescent medical care. The dentist develops plans of care for those requiring dental treatment. The psychologist or psychiatrist establishes treatment plans for those with mental illness. As confirmed per a review of detainee medical records, health care staff provide treatment in accordance with the established treatment plans. 50. (MANDATORY) Female detainees have access to pregnancy testing and pregnancy management services that include routine high-risk prenatal care, addiction management, comprehensive counseling and assistance, nutrition, and postpartum follow-up. As confirmed per a review of six female detainee medical records, a pregnancy test was completed on each detainee upon arrival. Per the HSA, pregnant detainees are referred to an off-site specialty clinic for routine comprehensive high-risk prenatal and follow up care. Another outside medical resource is available for treating pregnant females on Methadone. Nutritional services are provided by the facility dietitian. A gynecologist on site six hours per week provides on-site medical monitoring. There were no pregnant ICE detainees in the facility during the inspection. 51. (MANDATORY) Detainees with chronic conditions (such as hypertension and diabetes) will receive periodic care and treatment that includes monitoring of medications, laboratory testing, and chronic care clinics, and others will be scheduled for periodic routine medical examinations, as determined by the health authority In accordance with facility policy and as confirmed per a review of detainee medical records, detainees with chronic conditions are evaluated and monitored by the medical providers through laboratory and other diagnostic testing and periodic medical examinations. Detainees with an identified chronic illness are enrolled in a chronic care clinic upon intake. A computerized scheduling system is used to ensure those enrolled are seen at least every three months. 121 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008013 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 4 – 22. MEDICAL CARE This Detention Standard ensures that detainees have access to a continuum of health care services, including prevention and health education, so that their health care needs are met in a timely and efficient manner. Remarks 52. The Facility Administrator, or other designated staff will be notified in writing of any detainees whose special medical or mental health needs requiring special consideration in such matters as housing, transfer, or transportation. Per the HSA and as confirmed per documentation in detainee medical records, notification regarding detainee special medical and/or mental health needs is provided through memos to the Classification office. 53. Detainees will have access to emergency and specified routine dental care provided under direction and supervision of a licensed dentist. Dental care is provided on site by and under the direction of a licensed dentist. Per the HSA, an oral surgeon also provides on-site services six hours each week. As confirmed per documentation in a detainee medical record, emergent dental care is available through a local community hospital. 54. (MANDATORY) Detainees with mental health problems will be referred to a mental health provider as needed for detection, diagnosis, treatment, and stabilization to prevent psychiatric deterioration while confined. Per interviews with medical staff, detainees identified through intake screening as being in possible need of mental health services, those whose behavior at any time suggests a possible mental health problem, and those requesting mental health services are promptly referred to mental health staff. Documentation of mental health referral, diagnosis, treatment and stabilization and follow-up were noted per a review of detainee medical records. 122 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008014 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 4 – 22. MEDICAL CARE This Detention Standard ensures that detainees have access to a continuum of health care services, including prevention and health education, so that their health care needs are met in a timely and efficient manner. Remarks 55. Crisis intervention services are available for detainees who experience acute mental health episodes. A psychologist, a psychiatrist and several mental health counselors provide on-site mental health services seven days a week. Detainees who experience acute mental health episodes are immediately referred to on-duty mental health staff. Per the HSA, if mental health staff are not on site to complete an immediate assessment, the detainee is admitted to the medical unit infirmary and placed on suicide watch pending evaluation by mental health staff. On-call mental health providers are available for consultation when the facility providers are not on duty. Documentation in detainee medical records confirmed prompt and ongoing clinical follow-up. 56. Medical and mental health interviews, examinations, and procedures will be conducted in settings that respect detainees’ privacy, and female detainees will be provided female escorts for health care by male health care providers. Per direct observation within the medical unit, medical and mental health encounters are conducted in private. Female officers or medical staff accompany female detainees receiving health care from male medical providers. 57. (MANDATORY) Any detainee referred for mental health treatment receives a comprehensive evaluation by a licensed mental health provider within 14 days of the referral. Per a review of detainee medical records, eight detainees referred to mental health services were initially seen within one to three days. Comprehensive evaluations were consistently completed within the required 14 days. One urgent referral was completed that day and five of the remaining seven were completed with 24 to 72 hours. 123 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008015 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 58. (MANDATORY) Restraints for medical or mental health purposes may be authorized only by a qualified medical or mental health provider, after reaching the conclusion that less restrictive measures are not successful. The facility has written procedures that specify: • The conditions under which restraints may be applied; • The types of restraints to be used; • How a detainee in restraints is to be monitored; • The length of time restraints are to be applied; • Requirements for documentation, including efforts to use less restrictive alternatives; and N/A Does Not Meet Standard Components Meets Standard PART 4 – 22. MEDICAL CARE This Detention Standard ensures that detainees have access to a continuum of health care services, including prevention and health education, so that their health care needs are met in a timely and efficient manner. Remarks Per the HSA, the facility does not use restraints for medical or mental health reasons. Any detainee identified as being in need of restraints for clinical reasons is transferred to Jersey City Medical Center. • After-incident review. • The medical authority or mental health provider completes a Post-Restraints Observation Report form DIHS-867 or similar form. 59. (MANDATORY) Involuntary administration of psychotropic medications to detainees complies with applicable laws and regulations and the authorizing physician or psychiatrist will: • Specify the duration of therapy; • Obtain an order authorizing the administration of the drug from a Federal District Court. • Document that less restrictive intervention options have been exercised without success; • Detail how the medication is to be administered; • Monitor the detainee for adverse reactions and side effects; and Per the HSA, involuntary psychotropic medications are not administered at this facility. Any detainee whose mental health condition might warrant involuntary psychotropic medication would be transferred to another facility. • Prepare treatment plans for less restrictive alternatives as soon as possible. 60. An initial dental screening exam should be performed within 14 days of the detainee’s arrival. If no on-site dentist is available, the initial dental screening may be performed by a physician, physician’s assistant, nurse practitioner or trained RN. As confirmed per a review of detainee medical records, an initial dental screening is conducted by registered nurses as part of the medical intake screening process. These nurses were trained by the dentist to conduct the screenings. Per a review of 21 detainee medical records, dental screenings were consistently completed during the medical intake screening process. 124 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008016 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 4 – 22. MEDICAL CARE This Detention Standard ensures that detainees have access to a continuum of health care services, including prevention and health education, so that their health care needs are met in a timely and efficient manner. Remarks 61. In each detention facility, the designated health authority and Facility Administrator determines the contents, number, location(s), use protocols, and procedures for monthly inspections of first aid kits. In accordance with facility policy and as approved by the facility Director and the HSA, first aid kits are located in the housing units and in the kitchen, laundry, Intake, Center Control and the Administration areas. The contents are specified in policy and include a variety of bandages, tape, and other first aid supplies and equipment. First aid kits are to be used by detention staff to provide initial first aid pending the arrival of medical staff. As confirmed per a review of documentation in the medical unit, first aid kits are inspected monthly. The contents are replenished as necessary. 62. An automatic external defibrillator should be available for use at the facility. Per documentation on file in the medical unit, AEDs are available in various locations within the facility including the housing unit control centers. One AED is located in the medical unit and brought to the scene of a medical emergency by responding medical staff. 63. If a detainee refuses treatment, ICE/DRO will be consulted in determining whether forced treatment will be administered, except in emergency circumstances, in which case, ICE/DRO will be notified as soon as possible. Per the HSA and as confirmed per a review of documentation in detainee medical records, a signed refusal of treatment is required from any detainee refusing medical treatment. Appropriate ICE staff would be consulted if the health care provider determines that continued refusal of treatment has the potential to cause significant harm and/or create a lifethreatening condition. 64. In SPCs and CDFs, the Facility Administrator and health services administrator will meet at least quarterly and include other facility and medical staff as appropriate. This component is not applicable to IGSAs. In this facility, however, as confirmed per a review of meeting minutes, monthly medical/ administrative meetings are scheduled. Attendees include facility administrative staff, CFG corporate administrative staff, onsite CFG administrative staff, medical and mental health providers and detention supervisors. 125 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008017 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 4 – 22. MEDICAL CARE This Detention Standard ensures that detainees have access to a continuum of health care services, including prevention and health education, so that their health care needs are met in a timely and efficient manner. Remarks 65. (MANDATORY) Biohazardous waste will be managed and medical and dental equipment decontaminated in accordance with sound medical standards and compliance with applicable local, state, and federal regulations. Biohazard waste is disposed of through a contract with Coast Medical. This waste is picked up by the contractor every other week. An autoclave in the dental clinic is used to sterilize non-disposable dental tools. Spore test monitoring logs confirmed the consistent effectiveness of the autoclave sterilization process. 66. (MANDATORY) The health authority will implement a system of internal review and quality assurance. As confirmed per a review of internal review and quality assurance documentation maintained by the Director of Nursing, monthly reviews of medical records and medical practices monitor compliance with expectations for intake screening, medication administration, TB testing, fourteen-day intake assessments, infirmary care, dental services, sick call, segregation rounds, medical order transcription and control of sharps. Results are discussed at staff meetings, and plans of action to improve performance are developed as necessary. PART 4 – 22. MEDICAL CARE Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) The medical unit in this facility includes four examination rooms, two dental clinics, an x-ray suite, a lab room, a medical records room, a pharmacy/medication room, offices and work stations for clinical staff and two waiting rooms. The unit also includes a ten cell/12 bed male infirmary and a three cell/five bed female infirmary. A medical examination room in the Intake area is available for medical intake screenings. Satellite medical rooms in the housing units are used for medical and mental health encounters. The facility also includes a medical housing unit for those with long term medical problems and a mental health housing and treatment unit. Facility medical policies are based on National Commission on Correctional Health Care standards. Facility health care services in this facility are provided by a combination of CFG Health Systems contract administrative and clinical staff, and facility nursing and clerical support staff. In addition to the full time nursing, physician, nurse practitioner, mental health and dental staff, on-site specialty care gynecology, orthopedic, infectious disease and oral surgery services are provided six hours each week. A county HIV counselor also provides on-site services. Other specialty care services are provided through a local hospital clinic and other community health care resources. Outpatient, infirmary-based care and medical housing are provided on site. Dental and x-ray services are provided on site. Laboratory specimens are collected on site and sent out for processing. Medications are provided through an off-site pharmacy. Outpatient and crisis intervention mental health services and 126 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008018 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 mental health housing is provided on site. Hospital-based medical and mental health emergency and inpatient care is available through community hospitals. Emergency transport and response services are available through community providers per a 911 call. All needed health care not available on site is provided through the use of community healthcare providers and services. Although the facility has a medical fee for service program, per the Health Services Administrator (HSA) and the Administrative Lieutenant, ICE detainees are exempt from these charges. The facility ICE detainee handbook does not mention medical co-pay fees, and there was no evidence of medical co-pay charges in detainee medical records. The standard’s rating was based on a review of established policies and procedures and the facility detainee handbook, on a review of 21 detainee medical records, other medical documentation and staff training records, on observations in the medical unit clinic and infirmary areas, on observations of health care encounters in the medical unit, intake area and detainee housing units and during medication administration rounds, and on interviews with medical and mental health staff, detention officers, lieutenants, a training officer, detainees and the Supervisory Immigration and Enforcement Agent (SIEA). Observations of detainee health care encounters confirmed responsiveness on the part of health care staff to detainee requests and concerns. Routine and urgent medical care is timely provided. Detainees with chronic healthcare concerns are treated and monitored. When interviewed, a physician indicated clinical resources are available to meet the needs of the detainee population. Facility medical staff have frequent communication with facility administration, county public health staff, ICE Health Service Corps representatives and local ICE staff. Per the SIEA, detainee complaints about medical care received by ICE are referred to and addressed by the HSA. No significant unresolved medical concerns were identified through a review of medical records, detainee grievances and detainee interviews. / 01/20/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 127 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008019 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 4 – 23. PERSONAL HYGIENE This Detention Standard ensures that each detainee is able to maintain acceptable personal hygiene practices through the provision of adequate bathing facilities and the issuance and exchange of clean clothing, bedding, linens, towels, and personal hygiene items. Remarks 1. There is a policy and procedure for the regular issuance and exchange of clothing, bedding, linens, towels, and personal hygiene items. The supply of these items exceeds the minimum required for the number of detainees. Facility policy establishes procedures for the issuance and laundering of clothing, bedding, linens and towels and the issuance of personal hygiene items. Per the Administrative Lieutenant, additional supplies of these items are stored outside the secure perimeter and exceed the minimum required. 2. All new detainees are issued clean, temperatureappropriate, presentable clothing during in-processing. Detainees receive, at a minimum: The portion of this component that specifies the number of each clothing item issued is not applicable to IGSAs. In this facility, per a review of completed detainee Property Receipts, each new detainee receives two uniform shirts, two uniform pants, two Tshirts, two pairs of underwear and one pair of shower shoes. Of the four property receipts reviewed, two detainees also received a pair of tennis shoes. Socks are not issued. Per observations in the housing units, the issued clothing was clean and temperature-appropriate. • One uniform shirt and one pair of uniform pants or one jumpsuit. • One pair of socks. • One pair of underwear (daily change). • One pair of facility-issued footwear. 3. Additional clothing is available for changing weather conditions and as is seasonally appropriate. This component is not applicable to IGSAs. Per facility policy, work coats are issued in this facility as seasonally appropriate. 4. New detainees are issued clean bedding, linens and towels, at a minimum: The portion of this component listing the number of specific items to be issued is not applicable to IGSAs. In this facility, as confirmed per a review of detainee Property Receipts, each new detainee is issued one towel, one face cloth, two sheets and one blanket. The linens are laundered before reissue. A mattress with a built-in pillow is provided for each detainee. Per policy, mattresses are disinfected before being reissued. • One mattress • One blanket • Two sheets • One pillow • One pillowcase • One towel • Additional blankets, based on local weather conditions. 128 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008020 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 5. The facility provides and replenishes personal hygiene items as needed. Gender-specific items are available. ICE detainees are not charged for these items. N/A Does Not Meet Standard Components Meets Standard PART 4 – 23. PERSONAL HYGIENE This Detention Standard ensures that each detainee is able to maintain acceptable personal hygiene practices through the provision of adequate bathing facilities and the issuance and exchange of clean clothing, bedding, linens, towels, and personal hygiene items. Remarks As confirmed per observation of the issued packets, each new detainee is issued a comb, toothbrush and toothpaste, deodorant, soap and packets of shaving cream. Replacements are available in the housing units at no charge to detainees. Feminine hygiene items are available for female detainees. 6. Toilet facilities are: • Clean Adequate in number and can be used without staff assistance 24 hours per day when detainees are confined in their cells or sleeping areas. ACA Expected Practice 4-ALDF-4B-08 requires that toilets be provided at a minimum ratio of one for every 12 male detainees or one for every 8 female detainees. For males, urinals may be substituted for up to one-half of the toilets. • 7. Bathing facilities are: • Clean Operable with temperatures between 100 and 120 degrees Fahrenheit. ACA Expected Practice 4-ALDF-4B-08 requires one washbasin for every 12 detainees. ACA Expected Practice 4-ALDF-4B-09 requires a minimum ratio of one shower for every 12 detainees. • 8. Detainees with disabilities are provided adequate facilities, support, and assistance needed for self-care and personal hygiene. Per observations in the housing units, toilet facilities are clean and accessible without staff assistance. Six toilets are available for use in each 64-bed housing unit, for a ratio of approximately one for every 11 detainees. No complaints regarding access to toilet facilities are heard. Per observations in the housing units, bathing facilities are clean. Each 64-bed housing unit has six sinks and six showers for a ratio of one for every 11 detainees. Per a check of the temperature in a housing unit during the inspection, the hot water was 118 degrees. Toilet and bathing facilities compliant with Americans with Disabilities Act (ADA) standards are available in each housing unit. Per the HSA and the Administrative Lieutenant, most detainees with disabilities, including those in wheelchairs, are house B1, the designated medical housing unit. Detainees needing short-term assistance with self-care and personal hygiene are housed in the medical infirmary. Detainees needing long-term assistance with activities of daily living would be transferred from the facility. 129 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008021 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 4 – 23. PERSONAL HYGIENE This Detention Standard ensures that each detainee is able to maintain acceptable personal hygiene practices through the provision of adequate bathing facilities and the issuance and exchange of clean clothing, bedding, linens, towels, and personal hygiene items. 9. Detainees are provided clean clothing, linen and towels. • Socks and undergarments - daily. • Outer garments - twice weekly. • Sheets - weekly. • Towels - weekly. • Pillowcases - weekly. Remarks Per the posted laundry schedule, ICE detainee clothing, including undergarments, is laundered twice each week on Wednesday mornings and Friday afternoons. Detainee linens are laundered weekly. As detainees are issued only two sets of undergarments, clean garments are not available daily. During detainee interviews, complaints were voiced about the lack of clean undergarments. Per observations in the housing units, detainees were washing their undergarments in the housing unit sinks. Socks are not issued to detainees. 10. Food service detainee volunteer workers are permitted to exchange outer garments daily. This component is not applicable to IGSAs. Per the Administrative Lieutenant, detainees in this facility do not work in Food Service. 11. Volunteer detainee workers are permitted exchanges of outer garments more frequently. This component is not applicable to IGSAs. Per the Administrative Lieutenant, detainees in this facility do not work outside of their assigned housing unit. to PART 4 – 23. PERSONAL HYGIENE Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) Per the posted laundry schedule, ICE detainee clothing, including undergarments, is laundered only on Wednesday mornings and Friday afternoons. As detainees are issued only two sets of undergarments, clean garments are not available daily. During interviews with inspectors, detainees complained about the lack of clean undergarments. Per observations in the housing units, detainees were washing their undergarments in the housing unit sinks and hanging them to dry. Socks are not issued to detainees. Per observations in the detainee housing units, bathing and toilet facilities were clean and in good working order. No detainees were observed having to wait to use the facilities and, during interviews with detainees, no complaints were voiced about those facilities. Detainees were clean and appropriately dressed for the indoor environment. The standard's rating was based on a review of facility policies and the facility detainee handbook, on observations in the Intake area and detainee housing units, on a review of detainee Property Receipt forms, the posted Laundry Schedule, and a sample detainee hygiene packet, and on interviews with maintenance staff, the Administrative Lieutenant, the Health Services Administrator, the Supervisory Immigration and Enforcement Agent and detainees. (b)(6), (b)(7)(c) / 01/20/2012 Reviewer’s Signature / Date 130 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008022 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 4 – 24. SUICIDE PREVENTION AND INTERVENTION This Detention Standard protects detainees’ health and well being by training staff to prevent suicide by recognize potential signs and situations of risk and to intervene with appropriate sensitivity, supervision, referral, and treatment. Remarks 1. The facility has a written suicide prevention and intervention program approved and signed by the health authority and Facility Administrator and reviewed annually. Facility policies establish a facility suicide prevention and intervention program. The facility medical policy is signed by the health authority and the facility Director and reviewed annually. 2. At a minimum, the Program shall include procedures to address: • Intake screening and referral requirements; Procedures included in the suicide prevention and intervention program established per facility policy include staff training requirements, intake screening, identification and reporting of detainees at risk for suicide, and the referral of those detainees to health care staff. The program establishes procedures for the placement and monitoring of detainees at risk for suicide on suicide watch. Detainees may be released from suicide watch upon written authorization of the psychiatrist or psychologist subsequent to a clinical evaluation. A debriefing including all staff involved in the incident or with the victim is held in the event of any suicide attempt or completed suicide. • The identification and supervision of suicide-prone detainees; • Staff training requirements; • The management and reporting of suicidal incidents, suicide watches, and deaths; • Provision of safe housing for suicidal detainees; • Debriefing of any suicides and suicide attempts by administrative, security, and health services staff; • Guidelines for returning a previously suicidal detainee to a facility’s general population, upon written authorization of the clinical director. Reporting guidelines for facility personnel when suspected suicidal behavior is observed; and Written procedures for the proper handling of detainees who exhibit suicidal behavior. • 3. Every new staff member receives suicide-prevention training. Suicide-prevention training occurs during the employee orientation and annual training. Per the Operations Lieutenant, staff that have direct contact with detainees are trained in suicide prevention during their initial academy training. As confirmed per a review of staff training sign-in sheets, refresher training on suicide prevention is provided annually during in-service training. 131 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008023 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 4 – 24. SUICIDE PREVENTION AND INTERVENTION This Detention Standard protects detainees’ health and well being by training staff to prevent suicide by recognize potential signs and situations of risk and to intervene with appropriate sensitivity, supervision, referral, and treatment. Remarks 4. Training prepares staff to: • Effective methods for identifying the warning signs and symptoms of impending suicidal behavior, • Demographic, cultural, and precipitating factors of suicidal behavior, • Responding to suicidal and depressed detainees, • Effective communication between correctional and health care personnel, • Necessary referral procedures, • Housing observation and suicide-watch level procedures, • Follow-up monitoring of detainees who have already attempted suicide, and • Reporting and written documentation procedures. 5. A health-care provider or specially trained officer screens all detainees for suicide potential as part of the admission process. • Screening does not occur later than one working day after the detainee’s arrival. • Documentation exists that “specially trained officers” have completed training in accordance with a syllabus approved by the medical authority. 6. Written procedures contain when and how to refer atrisk detainees to medical staff and procedures are followed. Per a review of the suicide prevention lesson plan, this training addresses all of the subjects listed in this component. The intake health screening conducted by a registered nurse as part of the admission process includes a screening for suicide potential. Per a review of twentyone detainee medical records, these intake screenings are consistently timely completed. The reviewed medical records also included documentation of prompt referral to and follow up by mental health staff when a potential suicide risk was identified. In accordance with facility policy, staff immediately refer a detainee to medical staff any time signs of potential suicide risk are observed. As confirmed per documentation in detainee medical records, the potentially at risk detainee is placed on suicide watch and evaluated by the on-duty nurse practitioner pending evaluation by mental health staff. Mental health staff provide on-site coverage seven days a week and will evaluate any detainee placed on suicide watch at least once every 24 hours. 132 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008024 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 4 – 24. SUICIDE PREVENTION AND INTERVENTION This Detention Standard protects detainees’ health and well being by training staff to prevent suicide by recognize potential signs and situations of risk and to intervene with appropriate sensitivity, supervision, referral, and treatment. Remarks 7. Written procedures include returning a previously suicidal detainee to the general population, upon written authorization of the clinical director or appropriate health care professional. In accordance with facility policy, and as confirmed by the Health Services Administrator (HSA), release from suicide watch must be authorized by either the psychiatrist or the psychologist. A detainee released from suicide watch is kept in the infirmary on psychiatric observation for at least two or three days. The detainee may then be returned to general population or admitted to D1, the mental health unit. 8. The facility has a designated isolation room for evaluation and treatment. Per the HSA and officers assigned to the medical infirmary, infirmary cells #109, #110 and #111 are designated for housing male detainees at risk for suicide. Infirmary cell #103 in the female infirmary pod is designated for housing female detainees at risk for suicide. 9. The designated isolation room does not contain any structures or smaller items that could be used in a suicide attempt. As confirmed per direct observation, the designated rooms contain no structures within reach that could be used in a suicide attempt. Per medical staff and detention officers, and as confirmed per observation of two suicide watches in progress during the inspection, a detainee placed on suicide watch is given only a paper gown and is not permitted to retain possession of clothing or bedding from which strips of cloth could be torn. 10. Medical staff have approved the room for this purpose. Per the HSA, mental health staff have approved use of the designated rooms for detainees placed on suicide watch. 133 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008025 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 4 – 24. SUICIDE PREVENTION AND INTERVENTION This Detention Standard protects detainees’ health and well being by training staff to prevent suicide by recognize potential signs and situations of risk and to intervene with appropriate sensitivity, supervision, referral, and treatment. Remarks 11. Staff observes and document the status of a suicidewatch detainee at least once every 15 minutes/constant observation. As confirmed per direct observation of two suicide watches in progress during the inspection and per a review of the supervising officers' log books, the status of detainees on suicide watch is checked and documented at least once every fifteen minutes. 12. At facilities with twenty-four-hour medical staff, observation of imminently suicidal detainees by medical or detention staff shall occur no less than every 15 minutes. The Clinical Director (CD) may recommend constant direct supervision. If a detainee is clinically evaluated and determined to be at risk for suicide, medical staff shall document the status of the detainee in the medical record at least every two hours, unless otherwise directed by the CD. As confirmed per direct observation of two suicide watches in progress during the inspection and per a review of the supervising officers' log books, the status of detainees on suicide watch is checked and documented at least once every fifteen minutes. In accordance with facility policy, the mental health provider may order a constant watch for a detainee determined to be at high risk. Detainees placed in the designated suicide watch cells are considered infirmary admissions and are evaluated by nursing staff at least once every two hours as confirmed per documentation in detainee medical records. 13. In CDFs or IGSAs, and/or at facilities where there is not twenty-four hour medical staff, the facility administrator shall report to ICE/DRO any detainee who has been identified as suicidal. ICE/DRO, shall consult with the CD or designated medical authority for immediate evaluation (with constant observation until evaluation), or for transfer to a local psychiatric facility or emergency room by ambulance Per the HSA and as confirmed by the Supervisory Immigration and Enforcement Agent, ICE is notified of any detainee who has been identified as suicidal and advised as to the detainee's suicide watch status and mental health evaluation and/or transfer to a local psychiatric facility or emergency room by ambulance if applicable. 14. Every completed suicide and serious suicide attempt shall be subject to a mortality review process. A critical incident debriefing shall be provided to all affected staff and detainees. As confirmed per the HSA, a mortality review and critical incident debriefings would be conducted in the event of a completed suicide or serious suicide attempt. Detainees in close association with the victim would be seen by mental health staff. PART 4 – 24. SUICIDE PREVENTION AND INTERVENTION 134 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008026 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) There have been no suicides in this facility in the past twelve months. No ICE detainees attempted suicide during this time period. A review of detainee medical records confirmed prompt referral of detainees identified as at risk for suicide to medical and mental health staff. Those detainees were placed on suicide watch, closely monitored by medical and mental health staff and released from watch status in accordance with established procedures. Per medical staff, two non-ICE detainees attempted suicide during the past twelve months. A twenty year-old male non-ICE detainee housed in general population attempted suicide by hanging after returning to the facility from a court appearance. He was transported to a community hospital for evaluation and placed on suicide watch when returned to the facility. A male non-ICE detainee in his 30's, living in general population, attempted suicide by drinking cleaning solution after being notified that he was losing custody of his children. He was transported to a community hospital for evaluation and treatment, and was placed on suicide watch when returned to the facility after 24 hours. No further information was available on these suicide attempts. The standard’s rating was based on a review of established policies and training lesson plans and sign-in sheets, on interviews with detention officers, the Health Services Administrator and other medical staff, the Administrative and Operations Lieutenants, a training officer, the psychologist and the Supervisory Immigration and Enforcement Agent, on observations in the Intake area and the medical unit outpatient and infirmary areas, on a review of detainee medical records and completed suicide watch logs, on an inspection of the designated suicide watch cells, and on direct observations of two suicide watches in progress during the inspection. / 01/20/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 135 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008027 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 4 – 25. TERMINAL ILLNESS, ADVANCE DIRECTIVES, AND DEATH This Detention Standard ensures that each facility’s continuum of health care services addresses terminal illness, fatal injury, and advance directives and provides specific guidance in the event of a detainee’s death. Check this box if the facility does not accept ICE detainees who are severely or terminally ill. Indicate NA in the appropriate box for this portion of the worksheet. ALWAYS complete all references to detainee death and related notifications. Remarks 1. Detainees, who are chronically or terminally ill, are transferred to an appropriate off-site medical facility. Per the Health Services Administrator (HSA), and as confirmed by the Supervisory Immigration and Enforcement Agent (SIEA), ICE is promptly notified of any detainee housed in the facility whose medical condition significantly deteriorates. A detainee whose medical needs exceed the level available within the facility is transported to a community hospital for treatment or admission as needed pending transfer from the facility. 2. The facility or appropriate ICE office promptly notifies the next-of-kin of the detainee’s: medical condition. Per the HSA and as confirmed by the SIEA, ICE is notified of any significant detainee medical concerns. The SIEA confirmed that ICE would make other notifications in accordance with the requirements of this standard. • The detainee's location. • The visiting hours and rules at that location. 3. There are guidelines addressing State Advanced Directive Form for Implementing Living Wills and Advanced Directives. • These guidelines include instructions detainees who wish to have a living will. for • These guidelines provide the detainee the opportunity to have a private attorney prepare the documents, at the detainee’s expense. 4. There is a policy addressing "Do Not Resuscitate Orders” Facility policy establishes procedures for permitting a terminally ill detainee to execute advanced directives including living wills, health care proxies and Do Not Resuscitate (DNR) orders. Any such advanced directives, however, would be obtained and managed by staff at a community hospital in accordance with hospital policy. Per the HSA, in practice any ICE detainee interested in advanced directives would be referred to ICE. The facility policy on advanced directives includes procedures addressing DNR orders. Any such order, however, would be initiated by staff at a community hospital in accordance with hospital policy. Per the HSA, any request for a DNR order would be referred to ICE. 136 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008028 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 5. Detainees with a "Do Not Resuscitate" order in the medical record receive maximal therapeutic efforts short of resuscitation. 6. The facility notifies ICE/DRO Medical Director and Headquarters’ Legal Counsel of the name and basic circumstances of any detainee with a "Do Not Resuscitate" order in the medical record. In the case of IGSAs, this notification is made through the local ICE representative. N/A Does Not Meet Standard Components Meets Standard PART 4 – 25. TERMINAL ILLNESS, ADVANCE DIRECTIVES, AND DEATH This Detention Standard ensures that each facility’s continuum of health care services addresses terminal illness, fatal injury, and advance directives and provides specific guidance in the event of a detainee’s death. Check this box if the facility does not accept ICE detainees who are severely or terminally ill. Indicate NA in the appropriate box for this portion of the worksheet. ALWAYS complete all references to detainee death and related notifications. Remarks Facility policy establishes procedures addressing the importance of pain management in the care of terminally ill detainees Per the HSA, ICE Health Service Corps staff and the SIEA are notified of any significant detainee medical concern. 7. The facility has written procedures to address the issues of organ donation by detainees. In accordance with facility policy, any detainee organ donation request would be referred to ICE. The facility would work with ICE to coordinate care in accordance with this standard. 8. The facility has written procedures to notify ICE officials, deceased family members and consulates, when a detainee dies while in custody. Facility policy establishes procedures for the notification of ICE in the event of a detainee death. Per SIEA, ICE would make other notifications in accordance with the requirements of this standard. 9. The facility has a policy and procedure to address the death of a detainee while in transport. In accordance with facility policy, in the event of a detainee death while in transport, the transporting officers are required to provide immediate notification. ICE would be notified by the facility. In practice, transports of ICE detainees by facility staff are limited to short emergency and scheduled medical trips to the local hospital and trips to court. 10. At all ICE locations the detainee’s remains disposed of in accordance with the provisions detailed in this standard. Per the SIEA, ICE would ensure disposal of a detainee's remains in accordance with the requirements of this standard. 11. In the event that neither family nor consulate claims the remains, the Field Office schedules an indigent’s burial, consistent with local procedures. Per the SIEA, ICE would arrange for the burial of an unclaimed detainee's remains in accordance with the requirements of this standard. • If the detainee is a U.S. military veteran, the Department of Veterans Affairs notified. 137 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008029 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 12. An original or certified copy of a detainee’s death certificate is placed in the subject's A-File. Performance of an autopsy. • Person(s) to perform the autopsy. • Obtaining State approved death certificates. • Local transportation of the body. Remarks Per the SIEA, ICE would place an original or certified copy of the death certificate in the detainee's Afile in accordance with the requirements of this standard. 13. The facility follows established policy and procedures describing when to contact the local coroner regarding such issues as; • N/A Components Does Not Meet Standard Meets Standard PART 4 – 25. TERMINAL ILLNESS, ADVANCE DIRECTIVES, AND DEATH This Detention Standard ensures that each facility’s continuum of health care services addresses terminal illness, fatal injury, and advance directives and provides specific guidance in the event of a detainee’s death. Check this box if the facility does not accept ICE detainees who are severely or terminally ill. Indicate NA in the appropriate box for this portion of the worksheet. ALWAYS complete all references to detainee death and related notifications. Per facility policy, notification of the local coroner, performance of an autopsy, obtaining approved death certificates and transport of the body would be handled in accordance with local, state and federal standards. 14. ICE staff follows established procedures to properly close the case of a deceased detainee. Per the SIEA, ICE would close the case of a deceased detainee in accordance with the requirements of this standard. PART 4 – 25. TERMINAL ILLNESS, ADVANCE DIRECTIVES, AND DEATH Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) There were no ICE detainee deaths in this facility in the past twelve months. There were two non-ICE detainee deaths, both occurring outside of the secure facility. (b)(7)(e) , a 47 year old male Black male non-ICE detainee died after admission to a community hospital. (b)(7)(e) (b)(7)(e) On August 25, 2011, a 39 year-old male Caucasian non-ICE detainee was fatally shot by facility staff during an escape attempt while on a scheduled trip to a community hospital for a medical appointment. The standard's rating was based on a review of established policies, post orders and detainee medical records, on observations in the medical unit, and on interviews with the Health Services Administrator, the Supervisory Immigration and Enforcement Agent and the Administrative Lieutenant. / 01/ 20/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 138 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008030 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 Performance-Based National Detention Standards Section V ACTIVITIES 26 27 28 29 30 31 32 33 Correspondence and Other Mail Escorted Trips for Non-Medical Emergencies Marriage Requests Recreation Religious Practices Telephone Access Visitation Voluntary Work Program 139 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008031 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 5 – 26. CORRESPONDENCE AND OTHER MAIL This Detention Standard ensures that detainees will be able to correspond with their families, the community, legal representatives, government offices, and consular officials consistent with the safe and orderly operation of the facility. Remarks 1. The facility has written policy and procedures concerning correspondence and other mail. The rules for correspondence and other mail are posted in each housing or common area or provided to each detainee via a detainee handbook. The requirement to post the rules for correspondence in each housing unit and common area is not applicable to IGSAs. The rules for correspondence are posted in the housing units and they are in facility policies and in the detainee handbook. 2. The facility provides key information in English, Spanish, and other languages spoken by a significant number of detainees. This facility provides information in English and Spanish which are the predominate languages spoken by a significant number of detainees. 3. Incoming mail is distributed to detainees within 24 hours or 1 business day after it is received and inspected. 4. Outgoing mail is delivered to the postal service within one business day of its entering the internal mail system (excluding weekends and holidays). 5. Staff maintains a logbook-recording acceptance of priority, priority overnight, and certified mail delivered to the facility for a detainee. This component is specific to SPCs and CDFs and is not applicable to IGSAs. However, facility policy does not cover the requirements of this component. 6. Staff does not open and inspect incoming general correspondence and other mail (including packages and publications) without the detainee present unless documented and authorized in writing by the Facility Administrator or equivalent for prevailing security reasons. Staff does open and inspect incoming general correspondence and mail to check for contraband without the detainee present due to prevailing security reasons as authorized by the Facility Administrator. 7. Staff does not read incoming general correspondence without the Facility Administrator’s prior approval. This component is specific to SPCs and CDFs and is not applicable to IGSAs. 8. Staff does not inspect incoming Special Correspondence for physical contraband or to verify the “special” status of enclosures without the detainee present. 9. Staff is prohibited from reading or copying incoming and outgoing Special Correspondence without the detainee present. Any Special Correspondence is opened and given to the detainee in the law library and the Special Correspondence is not copied, according to the ICE, SIEA. However, the facility policy does not address this issue. 140 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008032 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 10. Staff is only authorized to inspect outgoing correspondence or other mail without the detainee present when there is reason to believe the item might present a threat to the facility's secure or orderly operation, endanger the recipient or the public, or might facilitate criminal activity. N/A Does Not Meet Standard Components Meets Standard PART 5 – 26. CORRESPONDENCE AND OTHER MAIL This Detention Standard ensures that detainees will be able to correspond with their families, the community, legal representatives, government offices, and consular officials consistent with the safe and orderly operation of the facility. Remarks The requirement that staff is only authorized to inspect outgoing correspondence and other mail without the detainee present when there is reason to believe that the item might present a threat to the facility's secure or orderly operation, the public or might facilitate criminal activity is specific to SPCs and CDFs and is not applicable to IGSAs. Staff is authorized to check outgoing correspondence and other mail without the detainee present at this facility, when there is reason to believe that the item may present a threat to the facility's secure or orderly operation, endanger the recipient or the public or facilitate criminal activity. 11. Correspondence to a politician or to the media is processed as Special Correspondence and is not read or copied. 12. The official authorizing the rejection of incoming mail sends written notice to the sender and the addressee. The requirement to send a written notice to the sender of incoming mail is not applicable to IGSAs. However, at this facility the addressee and the sender are notified in writing when incoming correspondence has been rejected. 13. The official authorizing censorship or rejection of outgoing mail provides the detainee with signed written notice. According to facility staff the detainee is provided with the notice of rejection, signed by a supervisor, when outgoing mail is censored or rejected. 14. Staff maintains a written record of every item removed from detainee mail. The facility policy does not require that every item removed from detainee mail be documented in an official record or log. 15. The Facility Administrator or designee monitors staff handling of discovered contraband and its disposition. Records are accurate and up to date. A designated supervisor monitors the handling of discovered contraband at this facility, its disposition and records the disposition. 141 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008033 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 5 – 26. CORRESPONDENCE AND OTHER MAIL This Detention Standard ensures that detainees will be able to correspond with their families, the community, legal representatives, government offices, and consular officials consistent with the safe and orderly operation of the facility. Remarks 16. The procedure for safeguarding cash removed from a detainee protects the detainee from loss of funds and theft. The amount of cash credited to detainee accounts is accurate. Discrepancies are documented and investigated. Standard procedure includes issuing a receipt to the detainee. This facility has procedures for safeguarding cash removed from a detainee and supervisors monitor the process to protect the detainee from loss of funds. 17. Original identity documents (for example, passports, and birth certificates) are immediately removed and forwarded to ICE staff for placement in the A-files. All original identity documents, which come in the mail, are given to the ICE, SIEA who forwards these documents to the Varick Street Facility where the documents are placed in the detainee's A-file, according to facility staff and the ICE, SIEA. However, the facility policy does not address this issue. 18. Staff provides the detainee a copy of his or her identity document(s) upon request. The facility policy does not address providing the detainee with a copy of his or her identity documents upon request. However, according to the ICE, SIEA copies of identity documents can be provided to detainees upon request. 19. Staff disposes of prohibited items found in detainee mail in accordance with the Detention Standard on “Contraband”. 20. Every indigent detainee has the opportunity to mail, at government expense: At least five pieces of special correspondence per week; Three one ounce letters per week: Packages deemed necessary by ICE. According to facility staff and the ICE, SIEA, the facility provides the materials required by the Standard for correspondence for indigent detainees. 21. The facility has a system for detainees to purchase stamps and for mailing all Special Correspondence and a minimum of 5 pieces of general correspondence per week. 22. The facility provides writing paper, envelopes, and pencils at no cost to ICE detainees. 23. SMU detainees have the same correspondence privileges as general population. According to facility staff, SMU detainees have the same correspondence privileges as the general population; however, this is not addressed in the facility mail policy. 142 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008034 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 24. Detainees have access to outside publications. N/A Components Does Not Meet Standard Meets Standard PART 5 – 26. CORRESPONDENCE AND OTHER MAIL This Detention Standard ensures that detainees will be able to correspond with their families, the community, legal representatives, government offices, and consular officials consistent with the safe and orderly operation of the facility. Remarks According to facility policy, detainees can receive outside publications as long as the publications meet the standards provided by facility policy, which prohibits pornography or promotes criminal acts. PART 5 – 26. CORRESPONDENCE AND OTHER MAIL Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) This facility has a system of delivering incoming and outgoing mail in an efficient manner. Facility and ICE staff report that they are in compliance with the requirements of this Standard; however as noted, some of the requirements of this Standard are not included in facility policy. (b)(6), (b)(7)(c) 01/20/2012 Reviewer’s Signature / Date 143 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008035 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 5 – 27. ESCORTED TRIPS FOR NON-MEDICAL EMERGENCIES This Detention Standard permits detainees to maintain ties with their families and the community by providing detainees emergency staff-escorted trips into the community to visit critically ill members of the immediate family or to attend their funerals. Standard NA: Check this box if all ICE Non-Medical Emergency Escorted Trips are handled only by the ICE Field Office or Sub-Office in control of the detainee case. Remarks 1. The Field Office Director considers and approves, on a case-by-case basis, trips to an immediate family member's: • Funeral • Deathbed 2. The facility recognizes as "immediate family member" a parent (including stepparent or foster parent), brother, sister, child, and spouse (including commonlaw spouse). 3. The CDF/IGSA facility notifies ICE of all detainee requests for non-medical escorts. 4. The detainee’s Deportation Officer reviews the file before forwarding a detainee's request, with recommendation, to the approving official. Each recommendation addresses the individual's suitability for travel, e.g., the kind of supervision required. 5. Detainees who require overnight housing are placed in approved IGSA facilities. 6. Each escort detail includes at least(b)(7)(e)officers. 7. The detainee remains under constant, direct visual supervision of escorting staff. 8. Escorting officers report unexpected situations to the originating facility as a matter of procedure and the ranking supervisor on duty has the authority to issue instructions for completion of the trip. 9. Escorting officers have the discretion to increase or decrease minimum restraints in accordance with written instruction, procedures and classification level of the detainee. 10. Escort officers do not accept gifts/gratuities from a detainee, detainee's relative or friend for any reason. 144 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008036 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 5 – 27. ESCORTED TRIPS FOR NON-MEDICAL EMERGENCIES This Detention Standard permits detainees to maintain ties with their families and the community by providing detainees emergency staff-escorted trips into the community to visit critically ill members of the immediate family or to attend their funerals. Standard NA: Check this box if all ICE Non-Medical Emergency Escorted Trips are handled only by the ICE Field Office or Sub-Office in control of the detainee case. Remarks 11. Escort officers ensure that detainees: • Conduct themselves in a manner that does not bring discredit to ICE/DRO. • Do not violate federal, state, or local laws. • Do not purchase, possess, use, consume, or administer narcotics, other drugs, or intoxicants. • Do not arrange to visit family or friends unless approved before the trip. • Make no unauthorized phone calls. • Know they are subject to search, urinalysis, breathalyzer, or comparable test upon return to the facility. 12. The facility routinely subjects a detainee returning from an escorted trip to a search, urinalysis, breathalyzer, etc. 13. Standard procedure requires the immediate return to the facility of any detainee who violates trip rules. 14. The Field Office Director is the approving official for all non-medical escorted trips. 15. Facility procedures comply with the following ICE Standards: • Transportation (Land Transportation • Restraints applied strictly in accordance with the Use of Force Standard. PART 5 – 27. ESCORTED TRIPS FOR NON-MEDICAL EMERGENCIES Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) Escorted Trips for Non-Medical Emergencies is done by ICE according to the ICE, SIEA. (b)(6), (b)(7)(c) / 01/20/2012 Reviewer’s Signature / Date 145 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008037 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 5 – 28. MARRIAGE REQUESTS This Detention Standard ensures that each marriage request from an ICE/DRO detainee receives a case-by-case review and based on internal guidelines for approval of such requests. Remarks 1. The Field Office Director or Facility Administrator considers detainee marriage requests on a case-bycase basis. The ICE Field Officer Director is the approving official for all marriages. When approved, the detainee will be transferred by ICE to Orange County for the marriage as Bergen County requires both parties to appear in person before the clerk of court to receive the license. 2. The Field Office Director reviews every marriage request rejected by a Facility Administrator or IGSA. Rejections are documented. There were five (5) marriage requests at the facility this past year and all were approved. 3. It is standard practice to require a written request for permission to marry. 4. The written request includes a signed statement or comparable documentation from the intended spouse, confirming marital intent. The intended spouse must submit a letter in writing that includes the history of the relationship and desire to marry. 5. The Facility Administrator provides a written copy of his or her decision to the detainee and his or her legal representative. 6. When permission is denied, the Facility Administrator states the basis for his or her decision along with instructions on how the detainee can file an appeal. A written response of approval or denial is always submitted. 7. The Facility Administrator provides the detainee with a place and time to make wedding arrangements. Detainees are transferred to the Orange County Jail where the ceremony takes place. 8. The detainee handbook explains the marriage request process. Procedures are posted in the housing units on the bulletin boards. 9. In SPCs the Facility Administrator or highest ranking ICE official on-site is the only officer authorized to approve a request to marry. This component is only applicable to SPCs and CDFs and is not applicable to IGSAs. The Field Officer Director approves all marriage requests. PART 5 – 28. MARRIAGE REQUESTS Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) The facility ensures that each marriage request from an ICE Detainee receives a case-by-case review and based on internal guidelines for approval of such requests. There were five (5) marriage requests at the facility this past year, and all were approved. The ICE Field Officer Director is the 146 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008038 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 approving official for all marriages. When approved, the detainee will be transferred by ICE to Orange County for the marriage as Bergen County requires both parties to appear in person before the clerk of court to receive the license. Orange County does not have this requirement. The intended spouse must submit a letter in writing that includes the history of the relationship and desire to marry. Once the marriage is either approved or denied, a decision is always given in writing to the detainee. / 01/20/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 147 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008039 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 1. The Facility provides: • An indoor recreation program. • An outdoor recreation program. 2. A recreational specialist (for facilities with more than 350 detainees) tailors the program activities and offerings to the detainee population. 3. Regular maintenance keeps recreational facilities and equipment in good condition. 4. The recreational specialist or trained equivalent supervises detainee recreation workers. 5. The recreational specialist or trainee equivalent oversees recreation programs for Special Management Unit and special-needs detainees. 6. Dayrooms offer sedentary activities, e.g., board games, cards, television. N/A Does Not Meet Standard Components Meets Standard PART 5 - 29. RECREATION This Detention Standard ensures that each detainee has access to recreational and exercise programs and activities, within the constraints of safety, security, and good order. If outdoor recreation is offered check this box. Items 19-27 should then be marked “N/A”. Remarks A recreation area of approximately 1300 square feet is attached to every dorm area. One side of the room is grilled to provide fresh air. This area is available for use by the detainees 12 hours daily. This component is only applicable to SPCs and CDFs and is not applicable to IGSAs. The Unit 5 Manager serves as the recreation specialist. There are no ICE-detainees assigned to work in the recreation area. There are two televisions, board games, checkers and chess games in the units. 7. Outside activities are restricted to limited-contact sports. 8. Each detainee has the opportunity to participate in daily recreation. The recreation area is open from 8 a m. to 8 p m. daily including weekends. 9. Detainees have access to recreation activities outside the housing units for at least one hour daily. 10. Staff checks all items for damage and condition when equipment is returned. All equipment is returned to the unit officers where it is inspected. 11. Staff conducts searches of recreation areas before and after use. Searches are conducted prior to use and after by the unit officers. 12. Recreation areas are under constant staff supervision. 13. Supervising staff are equipped with radios. 14. The facility provides detainees in the SMU at least one hour of outdoor recreation time daily, five times per week. ICE-detainees in SMU are not provided outdoor recreation, only indoor recreation is available. 15. Detainees in disciplinary/administrative segregation receive a written explanation when a panel revokes his or her recreation privileges. When recreation privileges are suspended the detainee is always notified in writing. 148 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008040 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 16. Special programs or religious activities are available to detainees. 17. All volunteers have completed an orientation program with documentation required before entering a secure portion of the facility where detainees are present. N/A Components Does Not Meet Standard Meets Standard PART 5 - 29. RECREATION This Detention Standard ensures that each detainee has access to recreational and exercise programs and activities, within the constraints of safety, security, and good order. If outdoor recreation is offered check this box. Items 19-27 should then be marked “N/A”. Remarks Religious and other volunteers participate in the volunteer program. 18. Visitors, relatives or friends of detainees are not allowed to serve as volunteers. 19. If the facility has no outside recreation, are detainees considered for transfer after six months? 20. If yes, written procedures ensure timely review of all eligible detainees. 21. Case officers make written transfer recommendations about every six-month detainee to the Facility Administrator. 22. The Facility Administrator documents all detaineetransfer decisions, whether yes or no. Outside recreation is provided. 23. The detainee’s written decision for or against an offered transfer documented in his or her A-file. 24. Staff notifies the detainee’s legal representative of his or her decision to accept/decline a transfer. Outside recreation is provided. 25. If no recreation is available, the ICE Field Office routinely review transfer eligibility for all detainees after 60 days. Indoor and outdoor recreation is available, therefore, transfers for this reason is not applicable. 26. Does the A-file of every detainee held more than 60 days without access to recreation contains either a transfer-waiver signed by the detainee or the Facility Administrator’s written determination of the detainee’s ineligibility for transfer. Indoor and outdoor recreation is available; therefore, this component is not applicable. Outside recreation is provided. Outside recreation is provided. Outside recreation is provided. Outside recreation is provided, therefore transfers for this reason is not applicable. 27. The detainee’s legal representative is notified of the detainee’s/Facility Administrator’s decision. Indoor and outdoor recreation is available; therefore, transfers for this reason are not applicable. PART 5 - 29. RECREATION Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) A recreation area of approximately 1300 square feet is attached to every dorm area. One side of the recreation room is grilled to 149 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008041 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 provide fresh air. This area is available for use by the detainees 12 hours daily. The Unit 5 Manager serves at the recreation specialist. No outside recreation is provided for detainees in SMU. When recreation privileges are suspended the detainee is always notified in writing, given the reason why. Religious and First Friend Volunteers participate in the volunteer program. Visitors, relatives and friends are not allowed to participate. The facility has indoor and outdoor recreation; therefore, detainees cannot request a transfer for recreation purposes. / 01/20/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 150 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008042 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standards Meets Standards PART 5 – 30. RELIGIOUS PRACTICES This Detention Standard ensures that detainees of different religious beliefs are provided reasonable and equitable opportunities to participate in the practices of their respective faiths, constrained only by concerns about safety, security, the orderly operation of the facility, or extraordinary costs associated with a specific practice. Remarks 1. Detainees are allowed to engage in religious services. When available, these services are provided in major languages spoken within the facility. Catholic, Christian, Muslim, Jehovah Witness and Jewish services are provided. When requested, other religions may be accommodated. 2. Space is available for detainees to participate in religious services. Religious services are provided for all faiths in the housing units. Signin sheets are used to document attendance at services. 3. The facility allows detainees to observe the major “holy days” of their religious faith. • List any exceptions. 4. The facility accommodates recognized holy-day observances by: All detainees are allowed to participate without exception. This component is only applicable to SPCs and CDFs and is not applicable to IGSAs. Accommodations are made to recognize holy day observances. Meal accommodations are provided. • Providing special meals, consistent with dietary restrictions. • Honoring fasting requirements. • Facilitating religious services. • Allowing activity restrictions. 5. Each detainee is allowed religious items in his/her immediate possession; refer to the Funds and Personal Property Standard. Detainees are allowed to keep Bibles, Koran, crosses and other religious articles. 6. Volunteer’s credentials are checked and verified before allowing participation in detainee programs. Internal Affairs conducts background checks on all volunteers. 7. Members of faiths not represented by clergy may request to present their own services within security allowances. 8. Detainees in the Special Management Unit may participate in religious practices unless otherwise documented for the safety and security of the facility. All clergy/chaplains are able to visit the Special Management Unit. RELIGIOUS PRACTICES Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) The facility ensures that detainees of different religious beliefs are provided reasonable and equitable opportunities to participate in the practices of their respective faiths. Catholic, Christian, Muslim, Jehovah Witness and Jewish services are provided. When requested, other legitimate religions will be accommodated and appropriate clergy contacted to provide guidance. Detainees are 151 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008043 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 allowed to participate in holy day events, accommodations are made by food service. Detainees are allowed to keep in their possession religious items. Clergy/chaplains visit the Special Management Units to provide required religious services. 01/20/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 152 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008044 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 5 – 31. TELEPHONE ACCESS This Detention Standard ensures that detainees may maintain ties with their families and others in the community by providing them reasonable and equitable access to telephone services. Remarks 1. Detainees are allowed to access to telephones during established facility waking hours, including access to TTY devices. Detainees are allowed access to telephones, including hearing impaired devices during all waking hours except when counts are taking place. 2. Upon admittance, detainees are made aware of the facility's telephone access policy. Detainees are made aware of the facility telephone policy in the facility handbook and in the video orientation that is played in the housing units every morning. 3. Notification explaining the facilities telephone policy is in the Detainee Handbook. 4. Access rules, including updated telephone and consulate number, are posted in housing units. The telephone numbers for the consulates and OIG were observed posted in the housing units. 5. The facility makes a reasonable effort to provide key information to detainees in languages spoken by any significant portion of the facility's population. Most of the detainees at this facility speak English and Spanish and the key information regarding the use of telephones is in English and Spanish. 6. Telephones are provided at a minimum ratio of one telephone per 25 detainees in the facility population. There are 5 to 6 telephones per housing unit and each housing unit houses a maximum of 64 detainees. The ratio is greater than 1:10. 7. Telephones are inspected daily by facility staff to ensure that they are in good working order. 8. Telephones are located a reasonable distance from televisions. The telephones were observed to be located at the opposite end of the dayroom from where the televisions were located. 9. The facility administration promptly reports out-oforder telephones to the facility’s telephone service provider. According to facility staff, if the problem is a hardware problem, such as a frayed cable or missing buttons, it is reported the same day by the facility staff to the provider. If it is a software problem dealing with access to the consulates or OIG, then ICE has the problem corrected through the appropriate software provider as soon as the problem is discovered. 153 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008045 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 5 – 31. TELEPHONE ACCESS This Detention Standard ensures that detainees may maintain ties with their families and others in the community by providing them reasonable and equitable access to telephone services. Remarks 10. The facility administration monitors repair progress and takes appropriate measures to ensure that the required repairs are begun and completed timely. 11. Detainees are afforded a reasonable degree of privacy for legal phone calls. If an attorney or detainee requests privacy, the ICE officer will make the phone call from his office, to ensure privacy. 12. A procedure exists to assist a detainee who is having trouble placing a confidential call. The ICE officer assists detainees who are having trouble making a confidential call. 13. The facility provides the detainees with the ability to make non-collect (special access) calls. The ICE officer has the ability to place non-collect special access calls. 14. Special Access calls are at no charge to the detainees. 15. In facilities unable to fully meet this requirement initially because of limitations of its telephone service, ICE makes alternate arrangements to provide required access within 24 hours of a request by a detainee. 16. No restrictions are placed on detainees attempting to contact attorneys and legal service providers who are on the approved “Free Legal Services List”. 17. Special arrangements are made to allow detainees to speak by telephone with an immediate family member detained in another Facility. 18. All telephone restrictions are documented. According to the ICE officer at the facility ICE would make these alternate arrangements. According to facility staff and the ICE officer there are no restrictions placed on detainees attempting to contact attorneys and legal service providers. These arrangements are made by the ICE. There have not been any telephone restrictions. 19. The facility has a system for taking and delivering emergency detainee telephone messages. 20. Phone call messages are given to detainees as soon as possible. 21. Detainees are allowed to return emergency phone calls as soon as possible. 22. Detainees in disciplinary segregation are allowed phone calls relating to the detainee's immigration case or other legal matters, including consultation calls. There are telephones in the segregation unit, which the detainees can use to make phone calls during their one hour of daily exercise. 154 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008046 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 5 – 31. TELEPHONE ACCESS This Detention Standard ensures that detainees may maintain ties with their families and others in the community by providing them reasonable and equitable access to telephone services. Remarks 23. Detainees in disciplinary segregation are allowed phone calls to consular/embassy officials. There are telephones in the segregation unit, which the detainees can use to make phone calls during their one hour of daily exercise. 24. Detainees in disciplinary segregation are allowed phone calls for family emergencies. Detainees in segregation are taken to the ICE offices in restraints to make phone calls for family emergencies. 25. Detainees in administrative segregation and protective custody are afforded the same telephone privileges as those in general population. 26. When detainee phone calls are monitored, notification is posted by detainee telephones, including a recorded message on the phone system, that phone calls made by the detainees may be monitored. Special Access calls are not monitored. 27. The OIG phone number for reporting abuse is programmed into the detainee phone system. The reviewer must verify that the number is operable. The OIG phone number was observed to be posted and the telephone was tested by this inspector during this inspection. 28. The Field Office Director has assigned ICE staff to check and report on the serviceability of facility phones. This is documented on a weekly basis The telephone log and sheets that were used to document which numbers were called and serviceability of the phones conducted by the ICE officers were reviewed during this inspection. The review indicates that phones were tested by calling consulates, the OIG and pro-bono legal services. PART 5 – 31. TELEPHONE ACCESS Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) The inspector counted the number of telephones in each housing unit, observed the postings of the OIG, pro-bono legal services and consulate phone numbers and reviewed facility policy. Also interviewed ICE detainees, and tested the OIG number. (b)(6), (b)(7)(c) 01/20/2012 Reviewer’s Signature / Date 155 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008047 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 1. There is a written visitation procedure, schedule, and hours for general visitation. N/A Does Not Meet Standard Components Meets Standard PART 5 – 32. VISITATION This Detention Standard ensures that detainees will be able to maintain ties through visitation with their families, the community, legal representatives, and consular officials, within the constraints of safety, security, and good order. Remarks The visitation policy and schedule was observed during the inspection. 2. The visitation hours are tailored to the detainee population and the demand for visitation. The minimum duration for a visit is 30 minutes. 3. The visitation schedule and rules are available to the public. The visitation rules and schedule was observed to be posted in the lobby of the facility during the inspection. 4. The hours for all categories of visitation are posted in the visitation waiting area. The hours for all categories of visitation were observed posted in the facility lobby during the inspection. 5. A written copy of the rules regulating visitation and the hours of visitation is available to visitors in English, Spanish, and other major languages spoken in the facility. The rules regarding visitation was observed posted in the visitor waiting area in English and Spanish which are the two major languages spoken in the facility. 6. A general visitation log is maintained. The general visitation log was observed during the inspection. 7. Detainees are permitted to retain authorized personal property items specified in the standard. Visitors are not allowed to leave any personal items except for authorized items such as eye glasses, or prescription drugs that the detainee may need and these prescription drugs have been authorized by medical staff at the facility. 8. A visitor dress code is available to the public. The visitor dress code was posted in the visitor waiting area. 9. Visitors are searched and identified according to standard requirements. 10. The requirement on visitation by minors is complied with. Minors are allowed to visit detainees at this facility. 11. At facilities where there is no provision for visits by minors, ICE arranges for visits by children and stepchildren, on request, within the first 30 days. Transfers due to minor children are not required at this facility because minors are allowed to visit. 156 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008048 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 5 – 32. VISITATION This Detention Standard ensures that detainees will be able to maintain ties through visitation with their families, the community, legal representatives, and consular officials, within the constraints of safety, security, and good order. Remarks 12. After that time, on request, ICE considers a transfer, when possible, to a facility that will allow minor visitation. At a minimum, monthly visits are allowed. Transfers due to minor children are not required at this facility because minors are allowed to visit. 13. Anytime a visit is denied, to either a general population detainee or SMU detainee, the denial is documented. Visits have not been denied during this past year, however if visits were denied, they would be documented. 14. Detainees in special housing are afforded visitation. 15. Legal visitation is available seven (7) days a week, including holidays. Legal visitation is allowed seven (7) days a week at this facility. 16. On regular business days legal visitation hours provide for a minimum of eight (8) hours per day and a minimum of four hours per day on weekends and holidays. 17. On regular business days, detainees are given the option of continuing a meeting with a legal representative through a scheduled meal. 18. Private consultation rooms are available for attorney meetings. There is a mechanism for the detainee and his/her representative to exchange documents. The private consultation rooms for legal/professional visits were observed in use during this inspection. 19. There are written procedures governing detainee searches. The facility policy governing detainee searches after visits was reviewed during this inspection. 20. Legal representatives and assistants are subject to a non-intrusive search – such as a pat-down search of the person or a search of the person’s belongings - at any time for the purpose of ascertaining the presence of contraband. 21. Per the Standard, prior to each visit, legal service providers and assistants are identified. 22. The current list of pro bono legal organizations is posted in the detainee housing areas and other appropriate areas. The list of pro-bono organizations was observed to be posted in the housing units during this inspection. 23. SPCs and CDFs shall submit written requests for tours from domestic or international organizations and associated with detention issues to the appropriate Field Office Director for approval. This component is specific to SPCs and CDFs and is not applicable to IGSAs. The ICE Field Director has to approve any domestic or international organizations prior to coming into this facility. 24. Provisions for NGO visitation as stated in the Detention Standards are complied with. NGOs are allowed to visit at this facility in compliance with the Standard. 157 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008049 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 5 – 32. VISITATION This Detention Standard ensures that detainees will be able to maintain ties through visitation with their families, the community, legal representatives, and consular officials, within the constraints of safety, security, and good order. Remarks 25. Law enforcement officials, requesting to visit with a detainee, are referred to the ICE Facility Administrator for approval. Law enforcement officials have to seek approval from ICE prior to visiting any detainee housed at this facility. 26. Former detainees or aliens in proceedings, requesting to visit with a detainee, are referred to the Facility Administrator or ICE Field Office. According to the facility staff, requests from former detainees are referred to ICE if they request to visit a current detainee housed at this facility. PART 5 – 32. VISITATION Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) The inspector observed the detainee visiting areas, lobby and attorney visiting rooms as well as interviewed ICE and facility staff / 01/20/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 158 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008050 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 5 – 33. VOLUNTARY WORK PROGRAM This Detention Standard provides detainees opportunities to work and earn money while confined, subject to the number of work opportunities available and within the constraints of safety, security, and good order. While not legally required to do so, ICE/DRO affords working detainees basic Occupational Safety and Health Administration (OSHA) protections. Check here if ICE detainees are not authorized to work at the IGSA facility. Mark NA on Form G-324A, page 3 and move to next section. Remarks 1. The facility has a voluntary work program. Facility policy outlines the volunteer work program. 2. Detainee housekeeping meets acceptable levels of neatness, cleanliness and sanitation standards. Appropriate disinfectants and cleaning solutions are used. 3. At IGSAs detainees are never allowed to work outside the secure perimeter. SPCs and CDFs detainees classified as level 1 have the opportunity to participate in special details outside the secure perimeter under direct supervision. The requirement to provide ICE detainees who are classified as level 1 to participate in special details outside the secure perimeter under direct supervision is not applicable to IGSAs. ICE-detainees are not allowed to work outside the secure perimeter of the facility. 4. Written procedures govern selection of detainees for the Voluntary Work Program. Facility policy prohibits unsentenced non-ICE or ICE detainees from participating in the volunteer work program. Sentenced non-ICE detainees may participate in the program, facility policy outlines this program. • • The same procedures apply for replacement workers as for “new” workers. Staff follows written procedures. 5. Where possible, physically and mentally challenged detainees participate in the program. Facility policy mandates detainees who are physically/mentally disabled be considered for job assignments in accordance with their ability. 6. The facility complies with work-hour requirements for detainees, not exceeding: This component is only applicable to SPCs and CDFs and is not applicable to IGSAs. Hours of work for details varies according to facility needs. • Eight hours a day. • Forty hours a week. 7. Detainee volunteers ordinarily work according to a fixed schedule. 8. If a detainee is removed from a work detail, staff places the written justification for the action in the detainee’s detention file. A written report detailing the reason(s) for the removal must be submitted to the Classification Committee and Disciplinary Committee for review and final determination. 159 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008051 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 5 – 33. VOLUNTARY WORK PROGRAM This Detention Standard provides detainees opportunities to work and earn money while confined, subject to the number of work opportunities available and within the constraints of safety, security, and good order. While not legally required to do so, ICE/DRO affords working detainees basic Occupational Safety and Health Administration (OSHA) protections. Check here if ICE detainees are not authorized to work at the IGSA facility. Mark NA on Form G-324A, page 3 and move to next section. Remarks 9. Staff, in accordance with written procedure, ensures that detainee volunteers understand their responsibilities as workers before they join the work program. 10. The voluntary work program meets: • • • IGSAs are not required to comply with this component. However, at this facility, facility policy mandates detailed training upon assignment to the department or detail. OSHA standards NFPA standards ACA standards 11. Medical staff screen and formally certifies detainee food service volunteers; Facility policy requires all detainees working in food service receive a medical examination prior to beginning work. • Before the assignment begins • As a matter of written procedure 12. Detainees receive safety equipment/ training sufficient for the assignment A review of training records in the food service department indicated detainees, when assigned; do not receive initial orientation training prior to job assignment. 13. Proper procedure is followed when an ICE detainee is injured on the job. PART 5 – 33. VOLUNTARY WORK PROGRAM Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) The facility provides detainees opportunities to work and earn money while confined. The volunteer work program is outlined in facility policy. Sentenced detainees can participate in the program, however, nonsentenced detainees are forbidden to participate. Detainees are not allowed work outside the secure perimeter of the facility. Facility policy mandates detainees who are physically/mentally disabled be considered for job assignments in accordance with their ability. Should it become necessary to remove a detainee from the program, a written report detailing the reason(s) for the removal will be submitted to the Classification Committee and Disciplinary Committee for review and final determination. Detainee volunteers are currently not working in food service; however, when they are assigned they will receive a medical examination prior to beginning work. A review of training records in the food service department indicated detainees, when assigned; do not receive initial orientation training prior to job assignment. / 01/20/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 160 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008052 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 Performance-Based National Detention Standards Section VI JUSTICE 34 35 36 37 Detainee Handbook Grievance System Law Libraries and Legal Material Legal Rights Group Presentations 161 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008053 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 1. The facility has a detainee handbook. Each detainee receives a copy of the local handbook and the ICE National Detainee Handbook. N/A Does Not Meet Standard Components Meets Standard PART 6 - 34. DETAINEE HANDBOOK This Detention Standard requires that, upon admission, every detainee be provided comprehensive written orientation materials that describe such matters as the facility’s rules and sanctions, disciplinary system, mail and visiting procedures, grievance system, services, programs, and medical care, in English, Spanish, and other languages and that detainees acknowledge receipt of those materials. Remarks The facility has developed a handbook to serve as an overview of, and guide to policies and procedures in effect at the facility. Every detainee receives a copy of the facility handbook and the National Detainee Handbook. 2. The detainee handbook is written in English and translated into Spanish, and other languages spoken by significant numbers of detainees in that facility. English and Spanish versions are available. 3. A procedure for requesting interpretive services for essential communication has been developed. The ICE Language Line is used for those detainees that need assistance. 4. Orientation materials are read to detainees who cannot read, or they are provided the material via audio or video recordings. Detainees who cannot read will have the handbook read to them. 5. The handbook supplements the facility orientation video where one is provided. An orientation video regarding facility rules is shown to detainees, every day at 9:00AM in each of the housing units. 6. The handbook is revised as necessary and there are procedures in place for immediately communicating any revisions to staff and detainees. Revisions added are immediately posted on the bulletins boards in the housing units. 7. There is an annual review of the handbook by a designated committee or staff member. Facility policy requires an annual review of the handbook; however, the last review was completed on December, 2010. 8. The detainee handbook address the following issues: • Personal Items permitted to be retained by the detainee. • Initial issue of clothes, bedding and personal hygiene items. • How to access care. A complete list of authorized personal property which must be kept in the detainee’s locker is listed on page 14 of the handbook. 9. The detainee handbook states in clear language basic detainee responsibilities. 10. The handbook clearly outlines the methods for classification of detainees, explains each level, and explains the classification appeals process. The handbook clearly explains the classification and appeal process. 11. The handbook states when a medical examination will be conducted. 162 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008054 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 6 - 34. DETAINEE HANDBOOK This Detention Standard requires that, upon admission, every detainee be provided comprehensive written orientation materials that describe such matters as the facility’s rules and sanctions, disciplinary system, mail and visiting procedures, grievance system, services, programs, and medical care, in English, Spanish, and other languages and that detainees acknowledge receipt of those materials. Remarks 12. The handbook describes the facility, housing units, dayrooms, In-dorm activities and special management units. 13. The handbook describes: official count times and count procedures, meal times, feeding procedures, procedures for medical or religious diets, smoking policy, clothing exchange schedules and if authorized, clothes washing and drying procedures and expected personal hygiene practices. 14. The handbook describes times and procedures for obtaining disposable razors and explains that detainees attending court will be afforded the opportunity to shave first. Count times are not outlined. The handbook merely states, "Official counts are taken about six (6) times a day. Razors are issued between 8:30 a m. and 10:30 daily a.m. An ID is required to obtain a razor. Facility policy mandates a one-for-one exchange. 15. The handbook describes barber hours and hair cutting restrictions. 16. The handbook describes; the telephone policy, debit card procedures, direct and frees calls; locations of telephones; policy when telephone demand is high; and policy and procedures for emergency phone calls. 17. The handbook addresses religious programming. 18. The handbook states times and procedures for commissary or vending machine usage. (where available) The kiosk system in the housing units is used for submitting commissary requests on a weekly basis. 19. The handbook describes the detainee voluntary work program. 20. The handbook describes the library location and hours of operation and law library procedures and schedules. Signup sheets for the law library are posted in each dorm. Detainees are allowed up to 5 hours weekly in the law library. 21. The handbook describes: attorney and regular visitation hours, policies, and procedures, location of the list of pro bono legal organizations; group legal rights presentations schedule and sign up procedures. Attorney visits are allowed seven (7) day a week. A list of pro bono legal organization is posted on the bulletin boards in the housing units. 22. The handbook/supplement provides local ICE contact information. The handbook states that officers from ICE are scheduled to visit throughout the week to answer questions. The handbook also explains how to complete the ICE Detainee Request Form. The phone number for ICE in Newark is listed. 23. The handbook describes the facility contraband policy. 163 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008055 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 6 - 34. DETAINEE HANDBOOK This Detention Standard requires that, upon admission, every detainee be provided comprehensive written orientation materials that describe such matters as the facility’s rules and sanctions, disciplinary system, mail and visiting procedures, grievance system, services, programs, and medical care, in English, Spanish, and other languages and that detainees acknowledge receipt of those materials. Remarks 24. The handbook describes the facility visiting hours and schedule and visiting rules and regulations. 25. The handbook describes the correspondence policy and procedures. 26. The handbook describes the detainee disciplinary policy and procedures, including: • Prohibited acts and severity scale sanctions. • Time limits in the Disciplinary Process. • Summary of Disciplinary Process. Prohibited acts, time limits, and a summary of the disciplinary process are clearly outlined in the handbook. 27. The grievance section of the handbook explains all steps in the grievance process – Including: • Informal (if procedures; used) and formal grievance • The appeals process; • In CDFs procedures for filing an appeal of a grievance with ICE. • Staff/detainee availability to help during the grievance process. • Guarantee against staff filing/pursuing a grievance. • How to file a complaint about officer misconduct with the Department of Homeland Security. retaliation for 28. The handbook describes the medical sick call procedures for general population and segregation. 29. The handbook describes the facility recreation policy including: • Outdoor recreation hours. • Indoor recreation hours. • In dorm leisure activities. • Rules for television viewing. Resolution of the complaint at the lowest possible level is encouraged. The requirement to have a procedure for filing an appeal of a grievance with ICE is not applicable to IGSAs. The handbook does not indicate that a detainee may obtain help of staff/detainees during the grievance process. Sick call procedures for detainees in segregation are not outlined. Recreation facilities are provided from 8 a m. to 8 p m. daily in the housing units. 30. The handbook describes the detainee dress code for daily living; and work assignments and the meaning of color-coded uniforms. 31. The handbook specifies the rights and responsibilities of all detainees. 32. Detainees are required to sign for the handbook to ensure accountability. Detainees sign for the handbook and national handbook. 33. Orientation materials are provided to illiterate detainees either orally or via audio/video tapes in a language they can understand. 164 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008056 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 PART 6 - 34. DETAINEE HANDBOOK Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) The facility has developed a handbook to serve as an overview of, and guide to policies and procedures in effect at the facility. Every detainee receives a copy of the facility handbook and the National Detainee Handbook. Spanish and English versions are available. Revisions added to the handbook are immediately posted on the bulletins boards in the housing units. The last revision of the handbook was in 2010. 01/20/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 165 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008057 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 6 – 35. GRIEVANCE SYSTEM This Detention Standard protects detainees’ rights and ensures they are treated fairly by providing a procedure by which they may file formal grievances and receive timely responses. Remarks 1. Detainees are informed about the facility’s informal and formal grievance system. Outlined in the detainee handbook. 2. The admissions process includes providing each new arrival with a copy of the detainee handbook (or equivalent). Detainees sign upon receipt of the handbook. 3. The grievance section of the handbook explains all steps in the grievance process – Including: • Informal and formal grievance • The appeals procedures; • Staff/detainee availability to help during the grievance process • Guarantee against staff filing/pursuing a grievance. • How to file a complaint about officer misconduct with the Department of Justice. • How to file an emergency grievance. process procedures; and step-by-step retaliation for 4. Written procedures provide for the informal resolution of oral grievances (Not mandatory). If yes, the detainee has up to five days within which to make his or her concern known to a member of the staff. 5. Detainees have access to the grievance committee (or equivalent in IGSA), using formal procedures. • Detainees may seek help from other detainees or facility staff when preparing a grievance. • Illiterate, disabled, or non-English-speaking detainees receive special assistance when necessary. 6. Facility has written procedures for identifying and handling a time-sensitive emergency grievance. The handbook does not indicate that a detainee may obtain help of staff/detainees during the grievance process The Detainee Handbook outlines the informal process. According to facility staff and the ICE officer, ICE detainees may assist other ICE detainees, but the facility policy does not indicate detainees may seek help from other detainees or facility staff, nor does it indicate that they may use the language line if they need that type of assistance. Emergency grievance procedures are addressed in the facility handbook, which is given to each detainee upon their arrival. 7. Every member of the staff knows how to identify emergency grievances, including the procedures for expediting them. 8. Staff shall not harass, discipline, punish or otherwise retaliate against a detainee who files a complaint or grievance. The requirements of this component are outlined in the detainee handbook, so that the detainee is aware that he/she is not to be harassed or retaliated against for filing a complaint or grievance. 166 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008058 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 6 – 35. GRIEVANCE SYSTEM This Detention Standard protects detainees’ rights and ensures they are treated fairly by providing a procedure by which they may file formal grievances and receive timely responses. Remarks 9. Procedures include maintaining a Detainee Grievance Log. • If not, an alternative acceptable record keeping system is maintained. • "Nuisance complains" are identified in the records. • For quality control purposes, staff document nuisance complaints received but not filed. 10. If a detainee who establishes a pattern of filing nuisance complaints or otherwise abusing the grievance system, the Facility Administrator may authorize staff to refuse to process subsequent complaints. This authority may not be delegated, even to an acting Facility Administrator. A review of the detainee grievance log indicates abuses of the grievance program. Grievances submitted by these detainees are reviewed and recorded as nuisance claims 11. Staff is required to forward any grievance that includes officer misconduct to a higher official or, in a CDF/IGSA facility, to ICE. 12. Informal resolution of a written grievance is documented in the detainee’s Detention File. 13. Staff complies with the requirement to report allegations of officer misconduct to a supervisor or higher-level official in his or her chain of command, and/or to ICE/DRO Office of Professional Responsibility and/or the DHS Inspector General. All allegations of officer misconduct are reported to the appropriate supervisor and ICE and this facility has an Internal Affairs Unit which can conduct an investigation if necessary. 14. In SPCs and CDFs, when a Detainee does not accept the grievance committee's decision, he/she files an appeal with the ICE Facility Administrator. The requirement to have a grievance system that allows an ICE detainee who is not satisfied with the decision of the grievance committee to file his/her appeal with the ICE Facility Administrator is not applicable to an IGSA. Detainee appeals are outlined in Facility Policy and the handbook. • In all facilities written procedures cover detainee appeals and are included in the detainee handbook 15. In SPCs/CDFs, the detainee has a reasonable timeframe after the incident or informal-grievance outcome to file a formal grievance. This component is only applicable to SPCs and CDFs and is not applicable to IGSAs. However, at this facility the detainee must file a grievance within seven (7) days of the alleged incident. PART 6 – 35. GRIEVANCE SYSTEM Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) The facility has standard operating procedures for addressing detainee grievances in a timely fashion. A Kiosk System installed in 167 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008059 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 the housing units provides easy access to the grievance system and grievance officer. Hard copies of the grievance form are also available. The Grievance Officer who is responsible for this program was interviewed. A review of the Grievance Log found 62 informal grievances were filed in 2011, all were informally resolved. There were 11 nuisance complaints filed. The log contains all required information. Detainees are issued a handbook upon admission to the facility. The handbook explains the grievance program to the detainee. The handbook fails to inform the detainee he/she may seek help from other detainees or facility staff to help them through the grievance process. Staff at the facility receives training concerning the detainee grievance program and know how to identify emergency grievances. A detailed grievance log is maintained by the Grievance Officer. A review of the log indicates it contains all required information. 01/20/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 168 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008060 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 6 – 36. LAW LIBRARIES AND LEGAL MATERIAL This Detention Standard protects detainees’ rights by ensuring their access to courts, counsel, and legal materials. Remarks 1. The facility provides a designated law library for detainee use. The law library was observed during the inspection. 2. The law library contains all materials listed in the “Access to Legal Materials” Standard, Attachment A. The listing of materials is posted in the law library. The law library has a LexisNexis and there is a LexisNexis in each of the housing units where ICE detainees are housed, with the exception of the SMU. If a detainee in SMU wants access to the LexisNexis, they are taken to the law library in restraints by staff. • In lieu of/or in addition to the physical law library, ICE detainees have access to the Lexus Nexus electronic law library. 3. If the Lexis/Nexis CD-ROM service alternative is used for the publications in Attachment A, the facility provides detainees sufficient: • Operable computers and printers, in sufficient numbers in order to provide access • Photocopiers, and • Supplies for both. This facility has a LexisNexis in each housing unit. The computer which has the LexisNexis also has Word, and Excel and the detainee can write documents or complete forms on this computer and it is then printed on the printers that are in the Law Library. The detainee can also request copies of documents, forms or have copies made in the Law Library. 4. The library contains a sufficient number of chairs, is well lit and is reasonably isolated from noisy areas. The law library was observed to be very large and it had an adequate number of chairs, was well-lighted and reasonably isolated from noisy areas. 5. The law library is adequately equipped with typewriters, computers or both and has sufficient supplies for daily use by the detainees. While the law library does not have typewriters, the computers and printers have the same capabilities, if not more than typewriters. 6. Detainees are provided with the means to save legal work in a private electronic format for future use. Legal work can be saved on CDs at this facility and the LexisNexis computers in the housing units can read the CDs. 7. The facility subscribes to updating services where applicable and legal materials requiring updates are current. The facility updates the law library and the ICE officer updates the Lexis Nexis. 8. Outside persons and organizations are permitted to submit published legal material for inclusion in the legal library. Outside published material is forwarded and reviewed by the ICE prior to inclusion. 9. There is a designated ICE or facility employee who inspects, updates, and maintain/replace legal material and equipment on a routine basis. The designee properly disposes outdated supplements and replaces damaged or missing material promptly. The ICE, SIEA updates the Lexis Nexis as updates are provided by LexisNexis. 169 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008061 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 6 – 36. LAW LIBRARIES AND LEGAL MATERIAL This Detention Standard protects detainees’ rights by ensuring their access to courts, counsel, and legal materials. Remarks 10. Detainees are offered a minimum 5 hours per week in the law library. Detainees are not required to forego recreation time in lieu of library usage. Detainees facing a court deadline are given priority use of the law library. 11. Detainees may request material not currently in the law library. Each request is reviewed and where appropriate an acquisition request is initiate and timely pursued. Request for copies of court decisions are accommodated within 3 – 5 business days. Requests for materials that are not in the law library or in the LexisNexis are sent to the ICE officer. He reports that these requests are researched by ICE and if the material requests is found, it is provided to the detainee within the required timeframe. 12. The facility permits detainees to assist other detainees, voluntarily and free of charge, in researching and preparing legal documents, consistent with security. 13. Staff ensures that illiterate or non-English-speaking detainees without legal representation receive more than access to English-language law books after indicating their need for help. The ICE officer will assist detainees that have language problems or are illiterate or the detainee can request assistance from other detainees. The detainee can also seek assistance from pro-bono organizations. 14. Detainees may retain a reasonable amount of personal legal material in the general population and in the special management unit. Stored legal materials are accessible within 24 hours of a written request. 15. Detainees housed in Administrative Segregation and Disciplinary Segregation units have the same law library access as the general population, barring security concerns. Detainees denied access to legal materials are documented and reviewed routinely for lifting of sanctions. Detainees in segregation are allowed to use the LexisNexis. If the detainee is considered dangerous/violent then the detainee is left in restraints while the detainee is using the LexisNexis. 16. All denials of access to the law library fully documented. There have not been any denials for the use of the law library or the LexisNexis. 17. Facility staff informs ICE Management when a detainee or group of detainees is denied access to the law library or law materials. There have not been any denials for the use of the law library for a detainee or a group of detainees during this past year. 18. Detainees who seek judicial relief on any matter are not subjected to reprisals, retaliation, or penalties. 170 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008062 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 19. Indigent detainees are provided with free envelopes and stamps to mail related to legal matters. N/A Components Does Not Meet Standard Meets Standard PART 6 – 36. LAW LIBRARIES AND LEGAL MATERIAL This Detention Standard protects detainees’ rights by ensuring their access to courts, counsel, and legal materials. Remarks According to interviews with ICE and facility staff, indigent detainees are provided free envelopes and stamps for mail related to legal matters. PART 6 – 36. LAW LIBRARIES AND LEGAL MATERIAL Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) This facility has a large law library which appears to provide adequate space for the large number of ICE and non-ICE detainees at this facility. Additionally, this facility provides a LexisNexis in each housing unit which houses a maximum of 64 detainees. 01/20/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 171 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008063 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 6 - 37. LEGAL RIGHTS GROUP PRESENTATIONS This Detention Standard protects detainees’ rights by ensuring their access to information presented by authorized persons and organizations for the purpose of informing them of U.S. immigration law and procedures. Remarks Check here if No Group Presentations were conducted within the past 12 months. Mark Standard as Acceptable overall and continue on with next portion of worksheet. 1. The Field Office is responsive to requests by attorneys According to ICE and facility staff and accredited representatives for group group presentations occur on a presentations. regular basis at this facility. 2. Upon receipt of concurrence by the Field Office Director, the facility or authorized ICE/DRO Field Office ensures proper notification to attorneys or accredited representatives in a timely manner. 3. The facility follows policy and procedure when rejecting or requesting modifications to objectionable material provided or presented by the attorney or accredited representative. 4. Posters announcing presentations appear in common areas at least 48 hours in advance and sign-up sheets are available and accessible. 5. Detainees have access to group presentations on immigration law, procedures and detainee options. Documentation is submitted and maintained when any detainee is denied permission to attend a presentation and the reason(s) for the denial. Facility staff report that there have not been any detainees denied access to group presentations. Detainees in segregation are allowed to have an individual presentation and they are kept in restraints. 6. When the number of detainees allowed to attend a presentation is limited, the facility allows a sufficient number of presentations so that all detainees signed up may attend. 7. Detainees in segregation, unable to attend for security reasons may request separate sessions with presenters. Such requests are documented. Separate individual presentations are made for detainees in the segregation units. 8. Interpreters are admitted when necessary to assist attorneys and other legal representatives. 9. Presenters are afforded a minimum of one hour to make the presentation and additional time to conduct a question-and-answer session. 10. Staff permits presenters to distribute ICE/DROapproved materials. According to ICE and facility staff materials that are to be distributed are approved in advance of the presentation. 11. The facility permits presenters to meet with small groups of detainees to discuss their cases after the group presentation. ICE/DRO or authorized detention staff is present but do not monitor conversations with legal providers. 172 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008064 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 6 - 37. LEGAL RIGHTS GROUP PRESENTATIONS This Detention Standard protects detainees’ rights by ensuring their access to information presented by authorized persons and organizations for the purpose of informing them of U.S. immigration law and procedures. Remarks Check here if No Group Presentations were conducted within the past 12 months. Mark Standard as Acceptable overall and continue on with next portion of worksheet. 12. Group presenters who have had their privileges suspended are notified in writing by the Field Office Director or designee, and the reasons for suspension are documented. The Headquarters Office for Detention and Removal, Field Operations and Detention management Division is notified when a group or individual is suspended from making presentations. There have not been any denials of group presenters at this facility during the past year. 13. The facility plays ICE/DRO-approved videotaped presentations on legal rights, at regular opportunities at the request of outside organizations. This facility does not have any videotaped legal rights presentations that can be played in the housing units for detainees. 14. A copy of the Group Legal Rights Presentation policy, including attachments, is available to detainees upon request The Group Legal Rights Presentation is posted in the housing units, but the policy is not available to detainees. 15. The facility maintains equipment for viewing approved electronically formatted presentations. This facility does not have videotaped presentations and they do not have the equipment that can be used to play the videotapes in each housing unit. PART 6 - 37. LEGAL RIGHTS GROUP PRESENTATIONS Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) This facility services detainees from New York and New Jersey. The detainees from New York are housed in a different housing unit than those who are from New Jersey because they fall under a different court jurisdiction. Therefore, there are two different sets of Group Legal Rights presenters. One group provides services to detainees from New York and the other, detainees from New Jersey. 01/20/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 173 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008065 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 Performance-Based National Detention Standards Section VII ADMINISTRATION & MANAGEMENT 38 39 40 41 Detention Files News Media Interviews and Tours Staff Training Transfer of Detainees 174 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008066 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 7 – 38. DETENTION FILES This Detention Standard contributes to efficient and responsible facility management by maintaining for each detainee booked into a facility for more than 24 hours a file of all significant information about that person. Remarks 1. A Detention File is created for every new arrival whose stay will exceed 24 hours. 2. The detainee Detention File contains either originals or copies of documentation and forms generated during the admissions process. 3. The detainee’s Detention File also contains documents generated during the detainee’s custody. • Special requests • Any G-589s and/or I-77s or IGSA equivalent, closed-out during the detainee’s stay • Disciplinary forms/Segregation forms • Grievances, complaints, and the disposition(s) of same 4. The Detention Files are located and maintained in a secured area. If not the cabinets are lockable and distribution of the keys is limited to supervisors. The detention files reviewed at this facility indicated that originals or copies of the forms generated during the admissions process were in the detention files. This facility has files for disciplinary forms, grievances and complaints that are separate from the detention files where admission and release and classification forms are kept. The requirement that the cabinets are lockable and that the distribution of keys is limited to supervisors is specific to SPCs and CDFs and is not applicable to IGSAs. However, at this facility detention files are kept in a room that has lockable cabinets. There is a supervisor assigned to that area and the room can also be locked. 5. The Detention File remains active during the detainee’s stay. When the detainee is released from the facility, staff adds copies of completed release documents, the original closed-out receipts for property and valuables, the original I-385 or equivalent and other documentation. 6. The officer closing the Detention File makes a notation that the file is complete and ready to be archived. A review of files where detainees had been transferred indicated that the appropriate forms had been noted and the file was archived. 7. Staff make copies and sends documents from the file when appropriately requested by supervisory personnel at the receiving facility or office. If requested, forms would be sent to the receiving facility. However, detention files are normally archived because the A-file accompanies the detainee to the receiving institution. 175 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008067 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 7 – 38. DETENTION FILES This Detention Standard contributes to efficient and responsible facility management by maintaining for each detainee booked into a facility for more than 24 hours a file of all significant information about that person. Remarks 8. Appropriate staff has access to the Detention Files and other departmental requests are accommodated by making a request for the file. Each file is properly logged out and in by a representative of the responsible department. According to facility supervisory staff, detention files cannot leave the file room. 9. Electronic record-keeping systems and data are protected from unauthorized access. Only staff have access to electronic record-keeping. 10. Unless release of information is required by statute or regulation, a detainee must sign a release-ofinformation consent form prior to the release of any information, and a copy of the form is maintained in the detainee’s Detention File. 11. Electronic data on individual detainees is subject to the same Privacy Act regulations as the contents of traditional paper Detention Files and A-files. According to the ICE officer electronic data on individual detainees is protected by the same Privacy Act regulations as the traditional paper copies of detention files and A-files. 12. The Facility Administrator or staff designate ensures that necessary equipment and supplies, including copier and copier supplies are available; all equipment is maintained in good working order and that equipment has the capacity to handle the volume of work. A review of the admission/release area and the file room indicates that there is adequate supplies and equipment to handle the volume of paperwork. 13. The Detention Operations Supervisor or equivalent can direct certain documents be added to a detainee’s detention File. 14. Archived files are purged after six years by shredding or burning. Depending on the file, they may be purged/shredded after six (6) years or kept as many as ten (10) years depending on the need to keep the file, according to facility staff. The need to keep a file longer than six (6) years could depend for example on pending litigation. 15. Field Offices maintains detention files on detainees housed in IGSA Facilities as needed. These files are maintained for a minimum of 18 months. PART 7 – 38. DETENTION FILES Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) A-files are kept at the Varick Street Facility and therefore, they could not be reviewed during this inspection. The admissions/release area was reviewed during the inspection as were the areas where detention files and disciplinary files were kept. Staff was interviewed regarding the security practices that relate to the detention file and electronic information on detainees. 176 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008068 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 (b)(6), (b)(7)(c) 01/20/2012 Reviewer’s Signature / Date 177 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008069 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standards Meets Standards PART 7 - 39. NEWS MEDIA INTERVIEWS AND TOURS This Detention Standard ensures that the public and the media are informed of events within the facility’s areas of responsibility through interviews and tours. Remarks 1. The ICE/DRO Field Office Director approved all interviews by reporters, other news media representatives, academics and others not covered by the Detention Standard on Visitation. According to the facility staff the ICE/DRO approves all interviews with news media representatives. 2. All personal interviews are documented with the News Interview Authorization form (or equivalent) and filed in the detainee’s A-file with a copy in the facility’s Detention File. According to the ICE officer a News Interview Authorization would be placed in the detainee's Afile and detention file. 3. The Field Office Director consulted with Headquarters before deciding to allow an interview with a detainee who was the center of a controversy, or special interest, or high profile case. According to the ICE officer on duty at the facility, the Field Office Director would consult with Headquarters before deciding to allow an interview with a detainee who was at the center of controversy or special interest or a high-profile case. 4. Signed released forms are obtained and retained in the detainee’s a-file from any media representatives who photographed or recorded any detainee in any way that would individually identify him or her. 5. All press pools are organized `according to the procedures in the Detention Standard. • A press pool may be established when the Field Office Director and facility administrator determine that the volume of interview requests warrants such action. • All media representatives with pending or requested, tours, or visits were notified that, effective immediately and until further notice, all media representatives must comply with the press pool guidelines established by the Field Office Director. • All material generated from such a press pool is made available to all news media, without right of first publication or broadcast. PART 7 - 39. NEWS MEDIA INTERVIEWS AND TOURS Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) The requirements of the New Media Interviews and Tours would be adhered to according to ICE and facility staff. However, they both report that this has not happened at this facility. Additionally, facility staff and the ICE, SIEA reported that ICE detainees have refused to sign releases whenever their photographs have been taken and the detainees have stated that they want to preserve their privacy and do not want notoriety. 178 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008070 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 There are no media events that can be reviewed to determine if the facility and ICE adhered to the requirements of this component. (b)(6), (b)(7)(c) 01/ 20/2012 Reviewer’s Signature / Date 179 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008071 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 7 – 40. STAFF TRAINING This Detention Standard ensures that staff, contractors, and volunteers are competent in their assigned duties by requiring that they receive initial and ongoing refresher training. Remarks 1. The facility conducts appropriate orientation, initial training, and annual training for all staff, contractors, and volunteers. According to the Training Lieutenant, all staff are required to go through an orientation prior to reporting to duty, with the exception of volunteers. However, only religious volunteers are allowed at this facility and they are always under the direct supervision of custody. 2. The amount and content of training is consistent with the duties and function of each individual and the degree of direct supervision that individual receives. Training is designed to be specific to the duties that the employee will be performing. 3. At least one qualified individual with specialized training for the position coordinates and oversees the staff development and training program. At a minimum, full-time training personnel complete a 40hour training-for-trainers course. All trainers at this facility are required to be certified as trainers by successfully completing the training-for-trainers course that is given by the state of New Jersey 4. Training is governed and guided by a training plan that is reviewed and approved annually by the facility administrator. 5. An accurate and complete record is maintained of all formal training activities in: • Individual training folders, • Other training records systems, and/or • Electronic systems. Electronic records are kept of employee training. 180 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008072 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 7 – 40. STAFF TRAINING This Detention Standard ensures that staff, contractors, and volunteers are competent in their assigned duties by requiring that they receive initial and ongoing refresher training. Remarks 6. Each new employee, contractor, and volunteer is provided an orientation prior to assuming duties. While tailored specifically for staff, contractors, and volunteers, the orientation programs include, at a minimum: • Working conditions • Cultural diversity/understanding staff & detainees • Code of ethics • Personnel policy manual • Employees' rights and responsibilities • Drug-free Workplace • Health-related emergencies • Signs of Suicide risk and precautions • Suicide prevention and intervention • Hunger strikes • Use of Force • Keys and Locks • Overview of the criminal justice system • Tour of the facility • Facility goals and objectives • Facility organization • Staff rules and regulations • Sexual harassment/sexual misconduct awareness • Personnel policies • Program overview • Orientation and training on detainee handbook and detainee rights. • Requirement of special-needs detainees. • National Detention Standards All of bulleted sections are provided to all custody staff at the academy and during new employee orientation. 181 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008073 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 7. Clerical/support employees who have detainee contact receive a minimum of: Working conditions • Cultural diversity/understanding staff & detainees • Code of ethics • Personnel policy manual • Employees' rights and responsibilities • Overview of the criminal justice system • Tour of the facility • Facility goals and objectives • Facility organization • Staff rules and regulations • Sexual harassment/sexual misconduct awareness • Personnel policies • Program overview National Detention Standards. • Key and Lock Control. • Suicide risk and prevention. Remarks minimal • • N/A Components Does Not Meet Standard Meets Standard PART 7 – 40. STAFF TRAINING This Detention Standard ensures that staff, contractors, and volunteers are competent in their assigned duties by requiring that they receive initial and ongoing refresher training. Clerical staff receives all of the bulleted training with the exception of the National Detention Standards and Suicide Risk and Prevention. All of bulleted sections are provided to all custody staff at the academy and during new employee orientation. 182 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008074 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 7 – 40. STAFF TRAINING This Detention Standard ensures that staff, contractors, and volunteers are competent in their assigned duties by requiring that they receive initial and ongoing refresher training. Remarks 8. Professional and support employees (including contractors) who have regular or daily detainee contact will receive training on the following subjects, at a minimum: • Security procedures and regulations • Code of Ethics • Health-related emergencies • Drug-free workplace • Supervision of detainees • Signs of suicide risk and hunger strike • Suicide precautions • Use-of-force regulations and tactics • Report writing • Detainee rules and regulations • Key control • Rights and responsibilities of detainees • Safety procedures • Emergency plan and procedures • Interpersonal relations • Social/cultural lifestyles of the detainee population • Cultural diversity/understanding staff & detainees • Communication skills • Cardiopulmonary resuscitation (CPR)/First aid • Counseling techniques • Sexual harassment/sexual awareness. • National Detention Standards. Support staff, including contractors receive all of the bulleted required training with the exception of Signs of Suicide Risk and Hunger Strikes, Suicide Precautions, Use of Force Regulations and Tactics, Counseling Techniques, and the Nation Detention Standards because the facility does not consider these training components applicable to the duties that these employees would be performing. Medical staff do not receive training on the National Detention Standards because the facility does not consider this training specific to their assignments. misconduct 183 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008075 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 7 – 40. STAFF TRAINING This Detention Standard ensures that staff, contractors, and volunteers are competent in their assigned duties by requiring that they receive initial and ongoing refresher training. Remarks 9. Full-time health care employees receive at least 40 hours of formal orientation before undertaking their assignments. At a minimum, the orientation program includes: • The purpose, goals, policies and procedures for the facility and parent agency security and contraband regulations • Key control; appropriate conduct with detainees • Responsibilities and rights of employees • Standard precautions • Occupational exposure • Personal protective equipment • Bio-hazardous waste disposal • Overview of the detention operations. • National Detention Standards. • Medical grievance procedures and protocol. • Requirement for special needs detainees. • Code of Ethics • Drug free workplace • Hostage situations and staff conduct if taken hostage. According to the Training Lieutenant, full-time health care employees receive all of the training required in this component, with the exception of the National Detention Standards. Medical staff do not receive training on the National Detention Standards because the facility does not consider this training specific to their assignments. 184 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008076 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 7 – 40. STAFF TRAINING This Detention Standard ensures that staff, contractors, and volunteers are competent in their assigned duties by requiring that they receive initial and ongoing refresher training. Remarks 10. Security personnel (including contractors) will receive training on the following subjects, at a minimum: • Security procedures and regulations • Supervision of detainees • Searches of detainees, housing units, and work areas • Signs of suicide risk, precaution, prevention and intervention. • Code of Ethics • Health-related emergencies • Drug-free workplace • Suicide precautions • Self-defense techniques • Use-of-force regulations and tactics • Report writing • Detainee rules and regulations • Key control • Rights and responsibilities of detainees • Safety procedures • Emergency plans and procedures • Interpersonal relations • Social/cultural lifestyles of the detainee population • Cultural diversity/understanding staff & detainees • Communication skills • Cardiopulmonary resuscitation (CPR)/first aid • Counseling techniques • Sexual abuse/assault awareness • National Detention Standards. 11. Situation Response Teams (SRTs) receive: • Specialized training before undertaking their assignments. 12. Facility management and supervisory staff receive: • Management and Supervisory training All of the bulleted training requirements of the component are being met at the facility through orientation, ongoing annual training, and at the academy with the exception of the National Detention Standards. According to the facility Training Lieutenant they do not have a SRT, but the Special Operations Group (SOG) does receive specialized training before undertaking their assignments. According to the facility Training Lieutenant, Management and Supervisory staff receive training specific to their assignments. 185 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008077 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 7 – 40. STAFF TRAINING This Detention Standard ensures that staff, contractors, and volunteers are competent in their assigned duties by requiring that they receive initial and ongoing refresher training. Remarks 13. (MANDATORY) Personnel authorized to use firearms receive training that covers their use, safety, and care and constraints on their use -- before being assigned to a post involving their possible use. (b)(7)e 14. (MANDATORY) All personnel authorized to use firearms demonstrate competency in their use at least annually. All armed staff receives the required training twice a year. 15. (MANDATORY) Personnel authorized to use chemical agents receive training in the use of chemical agents and in the treatment of individuals exposed to a chemical agent before being assigned to a post involving their possible use. All staff that are authorized to use chemical agents receives the training on chemical agents. 16. All staff receives orientation and annual training on the facility’s drug-free workplace program. Typical contents are: • Staff, contractors, and volunteers prohibited from: • Using illegal drugs. • Possessing illegal drugs except in the authorized performance of official duties. • Procedures to be used to ensure compliance. • Opportunities available for treatment and/or counseling for drug abuse. • Penalties for violation of the policy. 17. New staff is required to acknowledge in writing that they have reviewed and understand the facility’s drugfree workplace program, and a copy of the signed acknowledgement is maintained in that person’s personnel file. According to the Training Lieutenant, all staff acknowledge in writing that they could be subjected to random drug testing. 18. All staff is trained during orientation and annually thereafter, regarding the facility’s code of ethics. Typical contents are: • Staff, contractors, and volunteers prohibited from: • Using their official positions to secure privileges for themselves or others. • Engaging in activities that constitute a conflict of interest. • Accepting any gift or gratuity from, or engaging in personal business transactions with a detainee or a detainee's immediate family. • Acceptable behavior in the areas of campaigning, lobbying or political activities. 186 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008078 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 7 – 40. STAFF TRAINING This Detention Standard ensures that staff, contractors, and volunteers are competent in their assigned duties by requiring that they receive initial and ongoing refresher training. Remarks 19. New staff are required to acknowledge in writing that they have reviewed and understand facility work rules, ethics, regulations, conditions of employment, and related documents, and a copy of the signed acknowledgement is maintained in that person’s personnel file. 20. (MANDATORY) All staff in frequent contact with detainees is trained at least annually to respond to health-related emergencies within four minutes. The training is provided by a responsible medical authority in cooperation with the facility administrator and includes: • Recognizing of signs of potential health emergencies and the required responses. • Administering first aid and cardiopulmonary resuscitation (CPR). • Obtaining emergency medical assistance through the facility plan and its required procedures. • Recognizing signs and symptoms of mental illness, suicide risk, retardation, and chemical dependency. • The facility’s established plan and procedures for providing emergency medical care including, when required, the safe and secure transfer of detainees for appropriate hospital or other medical services, including by ambulance when indicated. All staff are trained in this component. The facility’s policy states that staff are required to respond immediately. 21. All staff in frequent contact with detainees are trained at least annually on the facility’s Sexual Abuse and Assault Prevention and Intervention Program, to include: • Understanding that sexual abuse or assault is never an acceptable consequence of detention. • Recognizing housing or other situations where sexual abuse or assault may occur. • Recognizing the physical, behavioral, and emotional signs of sexual abuse or assault and ways to prevent such occurrences. • Knowing how to report knowledge or suspicion of sexual abuse or assault and make intervention referrals in the facility’s program. This type of training is not provided to staff at this facility. The training provided is more specific to staff responsibilities after this type of assault has already been discovered or reported. 187 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008079 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 7 – 40. STAFF TRAINING This Detention Standard ensures that staff, contractors, and volunteers are competent in their assigned duties by requiring that they receive initial and ongoing refresher training. Remarks 22. (MANDATORY) All staff in frequent contact with detainees are trained at least annually on the facility’s Suicide Prevention and Intervention Program, to include: • Identifying the warning signs and symptoms of impending suicidal behavior, • Demographic, cultural, and precipitating factors of suicidal behavior, • Responding to suicidal and depressed detainees, • Communication between correctional and health care personnel, • Referral procedures, • Housing observation and suicide-watch level procedures, and • Follow-up monitoring of detainees who have attempted suicide. 23. All staff is trained during orientation and annually to recognize the signs of a hunger strike and on the procedures for referral for medical assessment. According to facility staff, custody staff always have direct supervision of detainees, regardless of where a detainee may be in the facility. According to facility staff, custody staff always have direct supervision of detainees, regardless of where a detainee may be in the facility. 24. All staff is trained in proper procedures for the care and handling of keys. Orientation training shall be accomplished before staff is issued keys, and key control shall be among the topics covered in annual training. Ordinarily, such training is done by the Security Officer or Key Control Officer. 25. Through ongoing (at least annual) training, all detention facility staff is made aware of their responsibilities to control situations involving aggressive detainees. At a minimum, training shall include: • The requirements of this Detention Standard • The use of force continuum • Communication techniques • Cultural diversity • Dealing with the mentally ill • Confrontation-avoidance techniques • Approved methods of self-defense • Force cell-move techniques • Communicable diseases, particularly precautions to be taken for use of force • Application of restraints (progressive and hard) • Reporting procedures. According to facility staff, custody staff always have direct supervision of detainees, regardless of where a detainee may be in the facility. 188 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008080 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 26. Employees are encouraged to continue their education and professional development through incentives such as salary enhancement, reimbursement of costs, and administrative leave. N/A Components Does Not Meet Standard Meets Standard PART 7 – 40. STAFF TRAINING This Detention Standard ensures that staff, contractors, and volunteers are competent in their assigned duties by requiring that they receive initial and ongoing refresher training. Remarks This facility provides incentive for continued education by providing college credits and additional pay. PART 7 – 40. STAFF TRAINING Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) Custody staff at this facility attends a sixteen (16) week academy. Upon completion of their academy, custody staff attends a new employee orientation at this facility, prior to being assigned to a post and assuming their duties. Custody staff, however, are not trained on NDS. The Administrative Lieutenant and the Training Lieutenant indicated that this training would not be required for custody staff to perform their duties. Custody staff however, do receive On-the-Job Training regarding specific requirements for ICE detainees. Medical staff receives training that allows them to perform their duties within this correctional facility in addition to those that are more specific to their duties. Contract staff receives training that is specific to their duties within this correctional facility. Volunteers receive a minimal orientation because they are always under the direct supervision of custody staff at this facility. / 01/20/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 189 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008081 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 1. When a detainee is represented by legal counsel or a legal representative, and a G-28 has been filed, the representative of record is notified by the detainee’s Deportation Officer within 24 hours of transfer. • The notification is recorded in the detainee’s file • When the A-File is not available, notification is noted within ENFORCE. N/A Does Not Meet Standard Components Meets Standard PART 7 - 41. TRANSFER OF DETAINEES This Detention Standard ensures that transfers of detainees from one facility to another are professionally and responsibly managed in regard to notifications, detainee records, safety and security, and protection of detainee funds and personal property. Remarks According to the ICE officer interviewed, when a detainee is represented by legal counsel, a G28 is filed and the representative of record is notified, within 24 hours as required by this component. However, the notification is placed in the detainee's A-file which is kept at the Varick Street Facility. 2. Notification includes the reason for the transfer and the location of the new facility, According to the ICE officer on duty the notification includes the reason for the transfer and the location of the new facility. 3. The deportation officer is allowed discretion regarding the timing of the notification when extenuating circumstances are involved. The deportation officer is allowed discretion regarding the timing of the notification due to staff safety concerns. 4. The attorney and detainee are notified that it is their responsibility to notify family members regarding a transfer. According to the ICE officer interviewed the detainee and the attorney of record are advised that it is their responsibility to notify family members regarding a transfer. 5. Facility policy mandates that: • Times and transfer plans are never discussed with the detainee prior to transfer. • The detainee is not notified of the transfer until immediately prior to departing the facility. • The detainee is not permitted to make any phone calls or have contact with any detainee in the general population. According to ICE and facility staff the transfer plans are not discussed with the detainee, nor is the detainee allowed to make a phone call due to staff safety concerns. 6. The detainee is provided with a completed Detainee Transfer Notification Form. 7. Form G-391 or equivalent authorizing the removal of a detainee from a facility is used. According to the interview with the ICE officer on duty the Form G-391 is completed at the Varick Street Facility. 190 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008082 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 8. For medical transfers: • The Division of Immigration Health Services (DIHS) Medical Director or designee approves the transfer. • Medical transfers are coordinated through the local ICE/DRO office. • A medical transfer summary is completed and accompanies the detainee. • Detainee is issued a minimum of 7 days worth of prescription medications. N/A Does Not Meet Standard Components Meets Standard PART 7 - 41. TRANSFER OF DETAINEES This Detention Standard ensures that transfers of detainees from one facility to another are professionally and responsibly managed in regard to notifications, detainee records, safety and security, and protection of detainee funds and personal property. Remarks At this facility the Field Medical Coordinator approves the transfer and the transfers are coordinated with the local ICE/DRO office and the medical transfer summary is completed and it accompanies the detainee. Normally, detainees are provided three (3) days' worth of medication; however, if the detainee needs more than three (3) days' worth then the decision to provide (7) days' worth of medication is a medical decision that is made on a case-by-case basis. 9. Detainees are transferred with a completed transfer summary sheet in a sealed envelope with the detainee’s name and A-number and the envelope is marked Medical Confidential. 10. For medical transfers, transporting officers receive instructions regarding medical issues. According to the ICE officer on duty staff is given instructions regarding the medical issues. 11. Detainee’s funds, valuables and property are returned and transferred with the detainee to his or her new location. 12. Transfer and documentary procedures outlined in Section C and D are followed. 13. Indigent detainees unable to make a telephone call at their new location are able to make a telephone call at the government’s expense within 12 hours of arrival. According to the ICE officer reviewed the detainee is supposed to be allowed to make one telephone call at government expense within 12 hours of their arrival at the new facility. 14. Meals are provided when transfers occur during normally schedule meal times. According to facility staff, meals are provided upon request by ICE. 15. An A-File or work folder accompanies the detainee when transferred to a different Field Office or suboffice. If the detainee is transferred out of the jurisdiction of the Varick Street Facility, then the A-file is transferred with the detainee or is overnight mailed. 16. A-Files are forwarded to the receiving office via overnight mail no later than one business day following the transfer. 191 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008083 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 PART 7 - 41. TRANSFER OF DETAINEES Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) A review of the facility policies and interviews with ICE and facility staff indicates that a rating of Meets Standard is appropriate. The one area that may be an issue was the number of days worth of prescription medication that would be provided to detainees who were being medically transferred. The component states that a minimum of seven (7) days of prescription medication would accompany the detainee being transferred. However, according to the ICE, SIEA detainees who are being medically transferred are provided three (3) days' worth of medication unless there was a reason that medical wants to provide more than the three (3) days of medication. Some of the reasons could be the distance of the transfer, where the detainee was being transferred to, the need to provide more than three (3) days' worth because the medication was difficult to obtain. The decision as to how many days' worth of medication would be made on a case-by-case basis by medical. (b)(6), (b)(7)(c) 01/20/2012 Reviewer’s Signature / Date 192 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.008084 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 Department Of Homeland Security Immigration and Customs Enforcement A. Type of Facility Reviewed ICE Service Processing Center ICE Contract Detention Facility ICE Intergovernmental Service Agreement B. Current Inspection Type of Inspection Field Office HQ Inspection Date[s] of Facility Review 01/18/2012 to 01/20/2012 C. Previous/Most Recent Facility Review Date[s] of Last Facility Review 01/3/2011 to 01/5/2011 Previous Rating Meets Standards Does Not Meet Standards D. Name and Location of Facility Name Hudson County Jail Address (Street and Name) 30-35 South Hackensack Avenue City, State and Zip Code Kearny, NJ 07032 County Hudson Name and Title of Facility Administrator (Warden/OIC/Superintendent) (b)(6), (b)(7)(c) Director Telephone # (Include Area Code) (210) 395 (b)(6), (b)(7)(c) Field Office / Sub-Office (List Office with oversight responsibilities) New York, Varick Street Distance from Field Office 15 Miles E. ICE Information Name of Inspector (Last Name, Title and Duty Station) (b)(6), (b)(7)(c) / LCI / Nakamoto Group Name of Team Member / Title / Duty Location (b)(6), (b)(7)(c)Medical SME / Nakamoto Group Name of Team Member / Title / Duty Location / Safety-Food Serv. CI / Nakamoto Group (b)(6), (b)(7)(c) Name of Team Member / Title / Duty Location (b)(6), (b)(7)(c) Security CI / Nakamoto Group Name of Team Member / Title / Duty Location / / F. CDF/IGSA Information Only Contract Number Date of Contract or IGSA Basic Rates per Man-Day $110.00 Other Charges: (If None, Indicate N/A) $35.00 Transport/Court; ; ; Detention Review Summary Form Facilities Used Over 72 hours Estimated Man-days Per Year 31320 G. Accreditation Certificates List all State or National Accreditation[s] received: Check box if facility has no accreditation[s] H. Problems / Complaints (Copies must be attached) The Facility is under Court Order or Class Action Finding Court Order Class Action Order The Facility has Significant Litigation Pending Major Litigation Life/Safety Issues Check if None. I. Facility History Date Built 1990 Date Last Remodeled or Upgraded 2006 Date New Construction / Bedspace Added N/A Future Construction Planned Yes No Date: N/A Current Bedspace Future Bedspace (# New Beds only) 2100 Number: N/A Date: N/A J. Total Facility Population Total Facility Intake for previous 12 months 14356 Total ICE Mandays for Previous 12 months 1092 K. Classification Level (ICE SPCs and CDFs Only) L-1 L-2 L-3 Adult Male N/A N/A N/A Adult Female N/A N/A N/A L. Facility Capacity Rated Adult Male 1893 Adult Female 207 Operational 1893 207 Emergency 1893 207 Facility holds Juveniles Offenders 16 and older as Adults M. Average Daily Population ICE Adult Male 365 Adult Female 58 N. Facility Staffing Level Security: (b)(7)(e) USMS 124 10 Other 1568 98 Support: (b)(7)(e) ICE 2012FOIA03030.008085 Form G-324A SIS (Rev. 9/3/08) Significant Incident Summary Worksheet For ICE to complete its review of your facility, the following information must be completed prior to the scheduled review dates. The information on this form should contain data for the past twelve months in the boxes provided. The information on this form is used in conjunction with the ICE Detention Standards in assessing your Detention Operations against the needs of the ICE and its detained population. This form should be filled out by the facility prior to the start of any inspection. Failure to complete this section will result in a delay in processing this report and the possible reduction or removal of ICE detainees at your facility. Incidents Assault: Offenders on Offenders1 Description Types (Sexual2, Physical, etc.) With Weapon Without Weapon Assault: Detainee on Staff Types (Sexual Physical, etc.) With Weapon Without Weapon Number of Forced Moves, incl. Forced Cell moves3 Disturbances4 Number of Times Chemical Agents Used Number of Times Special Reaction Team Deployed/Used # Times Four/Five Point Restraints applied/used Number/Reason (M=Medical, V=Violent Behavior, O=Other) Type (C=Chair, B=Bed, BB=Board, O=Other) Number of Times Canines Used in Facility Offender / Detainee Medical Referrals as a result of injuries sustained. Escapes Attempted Actual Grievances: Deaths Psychiatric / Medical Referrals 1 2 3 4 # Received # Resolved in favor of Offender/Detainee Reason (V=Violent, I=Illness, S=Suicide, A=Attempted Suicide, O=Other) Number # Medical Cases referred for Outside Care # Psychiatric Cases referred for Outside Care Jan – Mar Apr – Jun Jul – Sept Oct – Dec P P P P 0 0 0 0 28 37 23 48 P P P P 0 0 0 0 3 3 2 3 3 0 1 1 0 0 0 0 3 3 1 1 0 0 0 0 3-V 0 1-V 3-V B 0 B B 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 98 117 72 84 15 30 21 25 0 I O 0 0 1 1 0 163 182 114 161 2 1 1 2 Any attempted physical contact or physical contact that involves two or more offenders Oral, anal or vaginal penetration or attempted penetration involving at least 2 parties, whether it is consenting or non-consenting Routine transportation of detainees/offenders is not considered “forced” Any incident that involves four or more detainees/offenders, includes gang fights, organized multiple hunger strikes, work stoppages, hostage situations, major fires, or other large scale incidents. Form G-324A SIS (Rev. 9/3/08) ICE 2012FOIA03030.008086 DHS/ICE Detention Standards Review Summary Report 1. Meets Standards 2. Does Not Meet Standards 3.Repeat Finding 4. Not Applicable PART 1 SAFETY 1 Emergency Plans 2 Environmental Health and Safety 3 Transportation (By Land) PART 2 SECURITY 4 Admission and Release 5 Classification System 6 Contraband 7 Facility Security and Control 8 Funds and Personal Property 9 Hold Rooms in Detention Facilities 10 Key and Lock Control 11 Population Counts 12 Post Orders 13 Searches of Detainees 14 Sexual Abuse and Assault Prevention and Intervention 15 Special Management Units 16 Staff-Detainee Communication 17 Tool Control 18 Use of Force and Restraints PART 3 ORDER 19 Disciplinary System PART 4 CARE 20 Food Service 21 Hunger Strikes 22 Medical Care 23 Personal Hygiene 24 Suicide Prevention and Intervention 25 Terminal Illness, Advance Directives, and Death PART 5 ACTIVITIES 26 Correspondence and Other Mail 27 Escorted Trips for Non-Medical Emergencies 28 Marriage Requests 29 Recreation 30 Religious Practices 31 Telephone Access 32 Visitation 33 Voluntary Work Program PART 6 JUSTICE 34 Detainee Handbook 35 Grievance System 36 Law Libraries and Legal Material 37 Legal Rights Group Presentations PART 7 ADMINISTRATION & MANAGEMENT 38 Detention Files 39 News Media Interviews and Tours 40 Staff Training 41 Transfer of Detainees 1 2 3 4 ( ICE 2012FOIA03030.008087 ) LCI Review Assurance Statement By signing below, the Lead Compliance Inspector (LCI) certifies that all findings of noncompliance with policy or inadequate controls contained in the Inspection Report are supported by evidence that is sufficient and reliable. Furthermore, findings of noteworthy accomplishments are supported by sufficient and reliable evidence. Within the scope of the review, the facility is operating in accordance with applicable law and policy, and property and resources are efficiently used and adequately safeguarded, except for the deficiencies noted in the report. Signature Lead Compliance Inspector: (Print Name) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) Title & Duty Location Date Lead Compliance Inspector, The Nakamoto Group, Inc. January 20, 2012 Team Members Print Name, Title, & Duty Location Print Name, Title, & Duty Location (b)(6), (b)(7)(c) Medical, The Nakamoto Print Name, Title, & Duty Location (b)(6), (b)(7)(c) Group, Inc. Security, The Nakamoto Group, Inc Recommended Rating: (b)(6), (b)(7)(c) , Food, The Nakamoto Print Name, Title, & Duty Location (b)(6), (b)(7)(c) Group, Inc. Environmental Safety, The Nakamoto Group, Inc. Meets Standards Does Not Meet Standards Comments: Per medical staff, two non-ICE detainees attempted suicide during the past twelve months. A twenty year-old male non-ICE detainee housed in general population attempted suicide by hanging after returning to the facility from a court appearance. He was transported to a community hospital for evaluation and placed on suicide watch when returned to the facility. A male non-ICE detainee in his 30's, living in general population, attempted suicide by drinking cleaning solution after being notified that he was losing custody of his children. He was transported to a community hospital for evaluation and treatment, and was placed on suicide watch when returned to the facility after 24 hours. No further information was available on these suicide attempts. There were no ICE detainee deaths in this facility in the past twelve months. There were two non-ICE detainee deaths, both occurring outside of the secure facility. (b)(7)(e) a 47-year old male Black male non-ICE detainee died after admission to a community hospital. (b)(7)(e) (b)(7)(e) (b)(7)(e) (b)(7)(e) (b)(7)(e) (b)(7)(e) (b)(7)(e) (b)(7)(e) (b)(7)(e) On August 25, 2011, a 39 year-old male Caucasian non-ICE detainee was fatally shot by facility staff during an escape attempt while on a scheduled trip to a community hospital for a medical appointment. The non-ICE detainee was climbing over a fence, outside of the hospital, attempting to escape when the staff member discharged the round that fatally wounded the non-ICE detainee. The only less lethal option for staff is Pepper Spray and (b)(7)e (b)(7)e Form G-324A SIS (Rev. 9/3/08) ICE 2012FOIA03030.008088 The Food Service Component, Number 34. States the following: (MANDATORY) The facility implements written procedures for the administrative, medical, and/or dietary personnel conducting the weekly inspections of all food service areas, including dining, storage, equipment, and food-preparation areas. The Food Service PBNDS states "The facility shall implement written procedures requiring administrative, medical, and/or dietary personnel to conduct the weekly inspections of all food service areas, including dining, storage, equipment, and food-preparation areas." "The FSA or CS shall inspect food service areas at least weekly." The facility did not have a written policy regarding this mandated PBNDS requirement. As stated in the Remarks Section of the Food Service Component 34, the facility Administrative Lieutenant wrote a memorandum during the inspection that weekly inspections would take place, in an effort to meet this mandatory component in the Standard. However, this memorandum cannot be considered facility policy as it did not have the required approvals for facility policy. Additionally, there was no documentation that medical and/or dietary personnel were conducting weekly inspections in the food service area during the past year as mandated by PBNDS. Therefore, the practice of weekly inspections, as required by PBNDS could not be met. The Environmental Health and Safety Standard states “This Detention Standard protects detainees, staff, volunteers, and contractors from injury and illness by maintaining high facility standards of cleanliness and sanitation, safe work practices, and control of hazardous substances and equipment.” The inspection revealed that while a master index of hazardous chemicals in the facility is available in the Maintenance Supervisor's Office, this file does not contain a comprehensive, up-to-date list of emergency phone numbers nor plant diagram. No documentation could be found that indicated weekly fire and safety inspections by qualified departmental staff members are being conducted. Additionally, fire and safety inspections/reporting are not being conducted by a qualified individual as required by NFPA-101. Documentation is not available indicating the Safety Office is maintaining inspection reports, including corrective action that is taking place. Several area-specific exit diagrams do not include Spanish instructions, location of emergency equipment or "you are here" wordage. A review of logs in the control center indicates the facility is conducting fire drills on a monthly basis; however during the drills, emergency keys are not drawn and used to unlock one set of emergency exit doors not in daily use. NFPA recommends a limit of four and one half minutes for drawing keys and unlocking emergency doors. Recognized Barbershop Sanitation Regulations are not posted in the housing units where the haircuts are given. The housing units do not have all of the facilities and equipment necessary to meet the sanitation requirements. There are four emergency generators that are tested weekly and one-a-month under load. The fire detection/suppression system is tested annually; however, quarterly testing is not completed as required by NFPA 25 and NFPA 72. The Health Services Administrator does not conduct daily inspections as required by this standard. The Sexual Abuse and Assault Prevention and Intervention Standard requires that facilities that house ICE/ERO detainees affirmatively act to prevent sexual abuse and assaults on detainees, provide prompt and effective intervention and treatment for victims of sexual abuse and assault, and control, discipline, and prosecute the perpetrators of sexual abuse and assault. However, the facility does not have procedures to address the potential for sexual victimization or sexually assaultive behavior when assigning detainee housing. There are no procedures for informing detainees about preventing, identifying or reporting sexual abuse or assault, self-protection, prohibitions against retaliation or the availability of treatment and counseling. Per the Operations Lieutenant, the facility does not provide training on sexual abuse and assault prevention and intervention. The facility detainee orientation program does not include information on sexual abuse or assault prevention. The facility detainee handbook does not include site-specific information to supplement the Sexual Abuse and Assault Prevention and Intervention Program information in the National Detainee Handbook. Detainees are not screened for high risk sexual assaultive and sexual victimization potential and are not housed and counseled accordingly. There is one question about previous sexual assault that is included in the medical intake screening. As a result of the “Does Not Meet” in the Food Service Mandatory Component Number 34, the overall recommended rating for this facility has to be "Does Not Meet Standards." Form G-324A SIS (Rev. 9/3/08) ICE 2012FOIA03030.008089