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) Otero County Processing Center Address (Street and Name) 26 McGregor Range Road City, State and Zip Code Chaparral, New Mexico 88081 County Otero Name and Title of Chief Executive Officer (Warden/Superintendent/Facility Administrator) (b)(6), (b)(7)(c) Name and Title of Lead Compliance Inspector (b)(6), (b)(7)(c) LCI Date[s] of Review From 2/22/2012 to 2/24/2012 Type of Review Headquarters Operational Special Assessment Other 1 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010556 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 2012FOIA03030.010557 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 2012FOIA03030.010558 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 2012FOIA03030.010559 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 2012FOIA03030.010560 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 1. No Detainee or detainee groups exercise control or authority over other detainees. 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 Written facility policy states that a detainee or a detainee group may not exercise authority or control over other detainees. 2. Detainees are protected from: • Personal abuse • Corporal punishment • Personal injury • Disease • Property damage • Harassment from other detainees Written facility policy confirms that detainees are protected from personal abuse, corporal punishment, personal injury, disease, property damage and harassment. 3. Staff are trained to identify signs of detainee unrest. • What type of training and how often? 4. Staff effectively disseminate information on facility climate, detainee attitudes, and moods to the Facility Administrator. 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. Staff are trained during initial orientation training and annually thereafter in conflict resolution and crisis management. As part of this training staff are also trained to detect signs of detainee unrest. There is a separate section of the Emergency Plan that provides guidance to staff members on the dissemination of detainee specific information on mood, climate, tone and attitudes of the population. The Warden has responsibility for the emergency plans and their implementation. 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. Each emergency plan is assigned a unique number and is strictly accounted for. A list showing each plan's location and the staff member responsible for the plan is maintained by the Chief of Security 7. All staff receive training in the emergency plans during their orientation training as well as during their annual training. All staff members receive training on the emergency plans during their initial orientation training and annually thereafter. 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. 6 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010561 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 9. The plans address the following issues: • Confidentiality • Accountability (copies and storage locations) • Annual review procedures and schedule • Revisions 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 The Emergency Plan clearly addresses confidentiality, accountability to include copy numbers, location and responsible individual, annual review procedures and how revisions are made. 10. Contingency plans include a comprehensive general section with procedures applicable to most emergency situations, including procedures for handling detainees with special needs. The general section of the Emergency Plan provides general procedures applicable to most emergency situations. A section of the plan also includes procedures for dealing with special needs detainees. 11. Contingency plans include a procedure for notification of neighbors residing in close proximity to the facility. The Emergency Plan contains a section for notification of neighbors in case of an emergency. There are no residents in the immediate area around the facility but the Sheriff's Department and 911 Coordinator are notified and asked to alert surrounding areas. 12. The facility has cooperative contingency plans with applicable: This facility has a Memorandum of Understanding with the County of Otero for law enforcement assistance and for a unified command if an emergency center is needed. • 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 facility has not conducted any mock exercises with the agency with which they have a Memorandum of Understanding. 14. All staff receive copies of the Facility Hostage policy and procedures. The facility hostage policy is taught during new employee training and annually thereafter. The policy is available for staff member review. 15. The facility hostage policy clearly states (b)(7)e (b)(7)e Within 24 hours after release, hostages are screened for medical and psychological effects. (b)(7)e (b)(7)e (b)(7)e Policy also requires that hostages are medically and psychologically screened within 24 hours of release. 7 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010562 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 16. The facility maintains a list of translator services in the event one is needed during a hostage crisis. A list of translator services is maintained in the facility command center. 17. Emergency plans include emergency medical treatment for staff and detainees during and after an incident. This facility's emergency plans require that adequate medical personnel be available and on duty to continue providing medical services as directed by the Warden. 18. The Food Service Department maintains at least 3days’ worth of emergency meals for staff and detainees. The Food Service Department maintains at least 30 days’ worth of emergency rations at all times. 19. Written plans illustrate locations of shut-off valves and switches for utilities (water, gas, electric). The Emergency Plan includes a diagram of the facility physical plant which shows the location of shut-off valves and switches for utilities. 20. Written plans include a Staff Work Stoppage procedure. This procedure is available for limited supervisory review. The facility Staff Work Stoppage Plan is available to senior facility staff only. 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 This facility has written procedures that address a 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) and Civil Disturbances. 22. The Emergency Plans specify a procedure for postemergency debriefings and discussions. PART 1 – 1. EMERGENCY PLANS Meets Standard Does Not Meet Standard N/A Repeat Finding 8 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010563 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 Remarks: (Record significant facts, observations, other sources used, etc.) During this inspection a thorough review of the facility Emergency Plan was conducted as well as an interview with the Chief of Security, the Warden, the Food Service Administrator and several detention officers. The Emergency Plan is well written and thoroughly addresses the required plan components. The facility has a written Memorandum of Understanding with the County of Otero but has not conducted any mock exercises, as required by the standard, to test the viability of the plan. Written facility policy states that a detainee or a detainee group may not exercise authority over other detainees. The Emergency Plan includes the locations of shut-off valves and switches for all utilities. Staff are trained during new employee training and again annually on hostage policy and procedures. Included in this training are instructions (b)(7)e The facility has a written plan that addresses a Staff Work Stoppage that is available for limited supervisory review only. (b)(7)e / 02/24/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 9 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010564 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 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 1. (MANDATORY) The facility has a system for storing, issuing, and maintaining inventories of hazardous materials. Facility policy and procedure establishes a guide for the 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. Physical review of hazardous material inventories revealed they were maintained, easy to understand and quantities correct. 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. The facility maintains master copies of the Material Safety Data Sheets (MSDS) in the facility Safety Office and Housing Control. The facility maintains personal protective equipment for use when handling hazardous materials. Hazards and spills are reported to the facility Risk Manager. The facility maintains copies of MSDS in each work and housing area; they are readily accessible. 6. Hazardous materials are always issued under proper supervision. • Quantities are limited. • Detainees are trained. • Staff always supervise detainees using these substances. 7. All "flammable” and “combustible" materials (liquid and aerosol) are stored and used according to label recommendations. The facility maintains all flammable and combustible materials in the maintenance department located outside the secure perimeter of the facility. 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. 10. Excess flammables, combustibles, and toxic liquids are disposed of properly in accordance with MSDS. 10 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010565 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 11. Staff directly supervise and account for products with methyl alcohol. Staff receive 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 The facility does not use any products containing methyl alcohol. 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. 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 was constructed to meet all applicable codes when it was designed. A review of the Otero County Office of Emergency Services most recent report indicates the facility is maintaining compliance with the codes. 14. A technically qualified staff member conducts fire and safety inspections. The Otero County Office of Emergency Services conducts annual fire inspections. The last inspection was conducted December 28, 2011. 15. The Safety Office (or officer) maintains files of inspection reports, including corrective actions taken. 16. (MANDATORY) The facility has an approved fire prevention, control, and evacuation plan. The facility has a comprehensive fire plan which has been approved by the Otero County Office of Emergency Services. 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. The facility fire plan includes the topics listed in this component. 18. Fire drills are conducted and documented quarterly in all facility locations including the administrative area. The facility conducts fire drills on a monthly schedule. 19. A sanitation program covers barbering operations. The facility has an established barber program that includes an approved sanitation program. 11 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010566 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. The facility maintains a dedicated barber shop that has the necessary equipment to meet the sanitation requirements. 21. The sanitation standards are conspicuously posted in the barbershop. The facility posts the sanitation standards in the barber shop. 22. Written procedures regulate the handling and disposal of used needles and other sharp objects. The facility maintains a comprehensive policy for the handling, use and disposal of needles and other sharp objects. 23. All items representing potential safety or security risks are inventoried and a designated individual checks this inventory weekly. 24. Standard cleaning practices include: • Using specified equipment; disinfectants and detergents. cleansers; • An established schedule of cleaning and follow-up inspections. The facility maintains an established cleaning and inspection schedule. 25. Spill kits are readily available. The facility maintains spill kits in Housing Control, Medical, Laundry and the Food Service Department. They are available for twenty-four hour access. 26. A licensed medical waste contractor disposes of infectious/bio-hazardous waste. Medical waste is disposed of through a contract service with Stericycle, Inc. 27. Staff are trained to prevent contact with blood and other body fluids and written procedures are followed. Facility staff members attend training on the prevention of contact with blood and other body fluids. 28. Do the methods for handling/disposing of refuse meet all regulatory requirements? Solid waste is disposed of through a contract service with El Paso Disposal, El Paso, TX. 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 is provided through a contract service with AAA Pest Control, El Paso, TX. Water and wastewater testing is provided through the supplier, Lake Section Water Company, Las Cruces, NM. 12 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010567 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 The facility maintenance staff conducts and documents generator testing every two weeks. Periodic testing and service is conducted by Rock Mountain Cummins, El Paso, TX. 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. The inspections reports are provided to the facility Risk Manager for review. 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. The facility Risk Manager conducts special investigations and environmental health surveys. 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 Risk Manager is responsible for developing and implementing policies and procedures 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 13 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010568 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 is constructed on approximately twenty acres of property in southeastern New Mexico. It is approximately twentyfive miles north of downtown El Paso, Texas. The detainee housing area and support buildings were constructed in 2008; they are single story and include dormitory style housing areas and support areas to accommodate 1000 detainees. Utilities are provided to the facility via a contract service with local providers. Generators are tested by facility maintenance staff and serviced through a contract provider. The facility maintains a comprehensive fire plan which was developed by facility staff, approved by the Otero County Office of Emergency Services. Testing on fire prevention equipment is conducted, documented and filed at the facility. Fire and safety inspections are completed, documented and maintained. The facility is located in a very rural area in the southern desert. Considering the size and location and the weather conditions for the area, the physical plant is maintained with good levels of maintenance and sanitation. The facility administration and staff appear committed to the Environmental Health and Safety program. (b)(6), (b)(7)(c) 02/24/2012 Reviewer’s Signature / Date 14 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010569 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 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. 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 Interviews with transporting officers, their supervisor as well as a review of personnel files show that applicable laws and regulations are being followed. All drivers of commercial size vehicles have a current Commercial Driver's License (CDL). 3. Supervisors maintain records for each vehicle operated. A separate file exists for each vehicle operated by the transportation officers. 4. Documentation indicating annual inspection of vehicles and annual inspection in accordance with state statutes is available for review. Vehicle files showed that an annual inspection of vehicles, in accordance with state statues, was conducted for each vehicle. 5. Documentation indicating safety repairs are completed immediately and vehicles are not used until they have been repaired and inspected is available for review. A review of vehicle files showed that safety repairs are corrected and the vehicle inspected before going back into service. 6. Officers use a checklist during every vehicle inspection. Observation of transportation operations showed that operators use a checklist and any deficiencies are corrected before the vehicle goes into service. • 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. Written facility policy limits drive time to 10 hours in any 15 hour period when transporting detainees. Officers are only permitted to drive after eight consecutive hours offduty and may not drive if they have been on duty during the past 15 hours. Policy does not specifically address a 50 hour limit of driving in any given week. However, supervisors indicate that they are aware of the limit and enforce it. A check of records showed that the 50 hour limit has not been exceeded. 15 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010570 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 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. 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 Written facility policy and post orders require that(b)(7)(e)fficers with valid CDL's be in each commercial vehicle transporting detainees. Buses traveling in tandem with detainees must have at least(b)(7)(e) qualified officers per vehicle. One qualified officer may transport an empty bus. 9. The transporting officer inspects the vehicle before the start of each detail. 10. Positive identification of transported is confirmed. all detainees being Before the detainees are loaded on the vehicle, post orders require that the detainee be positively identified. This inspector confirmed that this identification does take place. 11. All detainees are searched immediately prior to boarding the vehicle by staff controlling the bus or vehicle. Transportation officers search every detainee before loading on the vehicle. 12. The facility ensures that the number of detainees transported does not exceed the vehicle manufacturer’s occupancy level. 13. (b)(7)e 14. The vehicle crew conducts a visual count once all passengers are on board and seated. (b)(7)e Additional visual counts are made whenever the vehicle makes a scheduled or unscheduled stop. Post orders require that a count be done once all detainees are on board the vehicle. This count was verified by this inspector. Additionally, post orders require a count whenever a stop is made during transport. 15. Policies and procedures are in place addressing the use of restraining equipment on transportation vehicles. Post orders provide guidance for the use of restraints when transporting detainees. 16. Officers ensure that no one contacts the detainees. Post orders require that transporting officers ensure that no one contacts the detainees while in transit. Additionally, post orders mandate that(b)(7)eofficer remain in the vehicle whenever detainees are on board. • • (b)(7)e officer remains in the vehicle at all times when detainees are present. 16 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010571 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 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. Post orders require that all food service meals are inspected for both quantity and quality before loading on the vehicle. Latrines, basins and water containers are cleaned and sanitized after the vehicle returns to the facility. This inspector viewed the return of a transport bus and the subsequent unloading and cleaning. 19. Vehicles have: • • • (b)(7)e (b)(7)e • 20. The vehicles are clean and sanitary at all times. A check of two vehicles showed that they were clean and sanitary. 21. Personal property of a detainee transferring to another facility: Detainee personal property is inventoried and inspected prior to loading on the transport vehicle. The property accompanies the detainee at all times. • Is inventoried. • Is inspected. • Accompanies the detainee. 17 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010572 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 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 Each transport vehicle has a written set of instructions that provide guidance to the transport staff for the following contingencies: attack, escape, hostage-taking, detainee sickness, detainee death, vehicle fire, riot, traffic accident, mechanical problems, natural disasters, severe weather, and how to transport mixed groups of detainees. 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.) This inspector reviewed facility policies and procedures and interviewed the Transportation Lieutenant and several transportation officers concerning this standard. A review of personnel files showed that all operators of commercial size vehicles have current Commercial Drivers Licenses (CDLs). An inspection of the vehicles showed them to be well maintained and clean. Written facility policy and post orders require that(b)(7)(e)officers with valid CDLs be in each commercial vehicle transporting detainees. Buses traveling in tandem with detainees must have at least(b)(7)(e) qualified officers per vehicle.(b)(7)equalified officer may transport an empty bus. The facility meets the requirements of the standard with respect to the number of hours an officer may drive in any 15 hour period, how many hours he may drive in a week and how much off duty time is required before assigned as a driver again. Each transport vehicle has a written set of instructions that provide guidance to the transport staff for the following contingencies: attack, escape, hostage-taking, detainee sickness, detainee death, vehicle fire, riot, traffic accident, mechanical problems, natural disasters, and how to transport mixed groups of detainees. The vehicles used for transport at this facility have equipment boxes (b)(7)e (b)(7)e The officers also check out the appropriate number and type of restraints required. / 02/24/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 18 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010573 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 19 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010574 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 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. Upon admittance to the facility detainees view the orientation video. Detainees also receive a copy of the facility handbook and the National Detainee Handbook. The orientation includes all of the listed topics. All information is provided in English and Spanish. The viewing of the orientation video and the issuance of the handbooks are documented on the intake logs. 2. Medical screenings are performed by medical staff or persons who have received specialized training for the purpose of conducting an initial health screening. Medical screenings are performed by medical staff. A chest x-ray is also conducted during the intake process. 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. The classification process is started prior to the detainee's arrival at the facility if ICE staff have notified the facility. It is completed during the admission process prior to the detainee being placed into general population. 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. Detainees are pat searched and scanned with a handheld metal detector upon arrival at the facility. This inspector observed the search of several new arrivals. 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. Facility policy requires that reasonable suspicion be established prior to conducting a strip search. Approval from the Warden and ICE must be obtained prior to conducting the search. Staff interviewed stated that they could not recall ever having done a strip search at this facility. Any strip search performed would be documented on a local form. 20 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010575 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 6. The “Contraband” standard governs all personal property searches. IGSAs and CDFs use or have a similar contraband standard. Staff prepare 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. At this IGSA facility the "Contraband" standard governs all personal property searches. A complete inventory is prepared of each detainee's property and a copy is given to the detainee. Any property that the detainee is not allowed to keep in his possession is stored in a secure property room. Funds are verified by two officers and the detainee. The detainee then deposits the cash into the electronic kiosk for deposit into his account. Personal clothing is laundered and placed with the detainee's property. Identity documents are given to ICE staff for placement in the A-file. 7. Staff complete 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. Claims of missing or lost property are documented on a local form which is forwarded to ICE. 8. Detainees are issued appropriate and sufficient clothing and bedding for the climatic conditions. 9. All releases are coordinated with ICE. ICE staff generate the release forms and forward them to facility staff who then process the detainee for release. 10. Staff complete paperwork/forms for release as required. 11. Each detainee receives a receipt for personal property secured by the facility. Issuance of property receipts was observed by this inspector. 12. The facility has a system to maintain accurate records and documentation for admission, orientation, and release. Logs are maintained documenting each step of the admission, orientation and release processes. All logs reviewed by this inspector were complete. 13. ICE staff enter all information pertaining to release, removal, or transfer of all detainees into the Enforce Alien Detention Module (EADM) within 8 hours of action. ICE staff interviewed stated that all information is entered into the Enforce Alien Detention Module (EADM) as soon as the detainee is processed for release from the facility. 14. All orientation material shall be provided in English, Spanish, and other language(s) as determined by the Field Office Director. All orientation material is available in English and Spanish. PART 2 – 4. ADMISSION AND RELEASE 21 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010576 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.) Upon admission to the facility detainees are issued the facility handbook, and the National Detainee Handbook. Detainees also view the facility orientation video. All information is provided in English and Spanish; Medical screenings are performed by health care staff who also perform a chest x-ray as part of the intake process. Interviews with staff indicated that they are familiar with all forms and requirements of the admission and release process. The processing of several detainees was observed during the inspection and the logs were reviewed. (b)(6), (b)(7)(c) / 02/24/2012 Reviewer’s Signature / Date 22 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010577 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 1. SPC and CDF facilities use the required Objective Classification System. IGSAs use an objective classification system or similar system for classifying detainees. 2. The facility classification system includes: • 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. 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 This IGSA facility uses the required Objective Classification System. Detainees are classified upon arrival at the facility. If, for any reason, the classification cannot be completed at this time the detainee will be kept separate from the general population. All classification decisions are reviewed by the Classification Manager. 3. The intake/processing officer reviews work-folders, Afiles, etc., to identify and classify each new arrival. 4. Staff use 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. 5. Housing assignments are based on classificationlevel. 6. A detainee's classification-level does not affect his or her recreation opportunities. Detainees recreate with persons of similar classification designations. All detainees are allowed to attend recreation activities with persons of similar classification designations. 7. Detainee work assignments are based upon classification designations. Only detainees designated as Level 1 are allowed to work outside. Level 3 detainees are not allowed to participate in the work program. 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 Classification Manager stated that the first reassessment is completed 60 to 90 days after the initial assessment. Subsequent reassessments are completed at 90 to 120 day intervals. Special Reassessments are completed within 24 hours. 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. ICE staff identify each new arrival and provide information to facility staff to be used for the classification process. Facility staff do not have access to the A-files. Classification appeals are made to the Classification Manager who has the authority to reduce a classification level on appeal. 23 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010578 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 10. Classification appeals are resolved w/in 5 business days. Detainees are notified of the outcome within 10 business days. The Classification Manager stated that appeals are normally resolved the day that they are received and the detainee is notified immediately. 11. Classification designations may be appealed to a higher authority such as the Facility Administrator or equivalent. Classification designations may be appealed to the Warden who is the final authority. 12. The Detainee Handbook or equivalent for IGSAs explains the classification levels, with the conditions and restrictions applicable to each. The classification information is on page 9 of the facility handbook. 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. In this IGSA facility, detainees are assigned color coded uniforms. The clasps on the wristbands are also color coded to reflect classification levels. PART 2 – 5. CLASSIFICATION SYSTEM Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) ICE staff assigned to the facility identify the detainees and provide the necessary information to facility staff to complete the classification process using the Objective Classification System. Housing assignments and work assignments are based on classification designations. The classification system includes procedures for appeal and appeals may be made to the Warden. Detainees are assigned color-coded uniforms and color-coded clasps on their wristbands to reflect classification levels. (b)(6), (b)(7)(c) 02/24/2012 Reviewer’s Signature / Date 24 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010579 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 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. Written facility policy addresses this component. Contraband is inventoried, held and reported to authorities as necessary for further action. 2. Contraband that is government property is retained as evidence for potential disciplinary action or criminal prosecution. Written policy and procedures provide that any government property taken as contraband is retained as evidence for disciplinary action or possible prosecution. 3. Staff return property not needed as evidence to the proper authority. Written procedures cover the return of such property. Written facility policy requires that property not needed as evidence is returned to the proper authority. A review of records indicates that this is routinely done. 4. Altered property is destroyed following documentation and using established procedures. Written facility policy requires that altered property be destroyed in accordance with established procedures. This destruction is documented. 5. Before confiscating religious items, the Facility Administrator or designated investigator contacts a religious authority. The facility Chaplain is contacted before apparent religious items are confiscated. 6. Staff follow written procedures when destroying hard contraband that is illegal. The facility has written procedures for the destruction of hard contraband. A check of records indicates that this procedure is followed. 7. Hard contraband that is illegal (under criminal statutes) is retained and used for official use, e.g. training purposes. • 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. Hard contraband is not used for training purposes. All soft contraband is either returned to sender at detainee expense or stored in detainee property until his/her release or transfer. 8. Detainees receive notification of contraband rules and procedures in the Detainee Handbook and notified when property is identified and seized as contraband. 9. Facilities with Canine Units only use them for contraband detection. The facility does not have a canine unit. PART 2 – 6. CONTRABAND 25 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010580 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.) Written policy was reviewed in researching compliance for this standard. Additionally, the Chief of Security, a shift lieutenant and two intake officers were interviewed. Facility policy establishes procedures for handling soft, hard and illegal contraband. Detainees are advised of what is considered contraband and how it is disposed of in the Detainee Handbook. / 02/24/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 26 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010581 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. Written facility policy requires that leadership of the facility visit the detainee living and activity areas at least weekly. These visits were verified by this inspector. 2. At least one male and one female staff are on duty where both males and females are housed. Females are not housed at this facility. 3. Comprehensive annual staffing analysis determines staffing needs and plans. As part of the budget development process each year a comprehensive annual staffing analysis is conducted. 4. Essential posts and positions are filled with qualified personnel. A review of training records showed that staff members assigned to essential posts during the inspection, such as the control center, front entrance and the special management unit, were qualified to fill these posts. 5. Every Control Center officer receives specialized training. 6. Policy restricts staff access to the Control Center. Written facility policy and post orders restrict staff access to the control center. 7. Detainees do not have access to the Control Center. Written facility policy and post orders prohibit detainees from entering the control center. 8. Communications are centralized in the Control Center. Communications are centralized in either the main control or housing unit control centers. 9. Facility security and safety will be monitored and coordinated by a secure, well-equipped, and continuously staffed control center. The facility control centers are well equipped and secure. The control centers are continuously staffed. 10. The Control Center maintain employee Personal Data Cards (Form G-74 or contract equivalent). The control center maintains (b)(7)(e) 11. Recall lists include the current home telephone number of each employee. Phone numbers are updated as needed. 12 The recall lists shows the telephone numbers of all employees and is updated as changes occur. (b)(7)e (b)(7)e 27 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010582 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 13. Information about routine procedures, emergency situations, and unusual incidents will be continually recorded in permanent post logs and shift reports. 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 A review of documentation and staff interviews with supervisory and management staff confirmed that routine procedures, emergency situations and unusual incidents are posted in a permanent log. 14. The front-entrance officer checks the ID of everyone entering or exiting the facility. 15. All visits officially recorded in a visitor logbook or electronically recorded. 16. The facility has a secure, color-coded visitor pass system. The facility color-coded pass system was observed during the inspection. All visitors receive one of six colored badges depending on the reason for the visit and the requirement for escort. 17. Officers monitor all vehicular traffic entering and leaving the facility. The front gate officer monitors all traffic entering and leaving the facility. This traffic activity is documented in a log book. 18. The facility maintains a log of all incoming and departing vehicles to sensitive areas of the facility. Each entry contains: Written facility policy and post orders require the front gate officer to maintain a log of all vehicles entering and departing the facility. The policy requires that the driver's name, company, vehicle contents, delivery date and time, date and time out and vehicle license number are entered in the log. At this facility, all vehicles allowed beyond the visitors' parking lot are routed to the back gate. The back gate officer maintains a log of each vehicle that accesses sensitive areas. The log includes the driver's name, company, vehicle contents, delivery date and time, date and time out, vehicle license number and name of the escorting employee. • 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 19. Officers thoroughly search each vehicle entering and leaving the facility. Written facility policy and post orders require that officers list the contents of a vehicle before entering the facility, escort the vehicle while inside the secure perimeter and thoroughly search vehicles prior to departure. 28 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010583 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 20. The facility has a written policy and procedures to prevent the introduction of contraband into the facility or any of its components. 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 Written policy and post orders give specific guidance on procedures in place to prevent the introduction of contraband. 21. The front entrance has a sally-port type entrance, with interlocking electronic doors or grilles. 22. The facility’s perimeter will ensure that detainees remain within and that public access is denied without proper authorization. 23. Written procedures govern searches of detainee housing units and personal areas. Written policy and post orders provide guidance on searches of detainee housing units and personal areas. 24. Housing area searches occur at irregular times. Housing unit post orders require that the assigned officer conducts searches at irregular times. These searches are documented in the unit logbook. 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. Security officer posts are located in each housing unit. These posts are supplemented by more senior officers assigned as rovers in the various corridors. 26. There are post orders for every security officer post. 27. Detainee movement from one area to another area is controlled by staff. All detainee movement at this facility is controlled by staff members. 28. Living areas are constructed to facilitate continuous staff observation of cell or room fronts, dayrooms, and recreation space. All general population living units at this facility are dormitory style. Each unit has an officer's station that is in the unit and manned twenty-four hours per day. 29. Every search of the SMU and other housing units is documented. All housing unit searches at this facility are documented in the unit logbook. 30. The SMU entrance has a sallyport. The main entrance to the Special Management Unit (SMU) does not have a sally port. 31. All tools entering SMU will be inspected and inventoried by the SMU officer prior to entering the housing unit. All tools entering the SMU are inventoried by an officer prior to entering the unit. Also, this same officer accompanies the tools while they are in the unit. 29 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010584 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. 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 33. Every officer is required to conduct a security check of his/her assigned area. The results are documented. Remarks The written facility policy that addresses security inspections includes: posts to be inspected, required forms, frequency of inspections, guidelines for checking security equipment and procedures for reporting possible areas that need improvements. Security checks of every area are documented in a permanent file. 34. Documentation of security inspections is kept on file. 35. Procedures ensure that recurring problems and a failure to take corrective action are reported to the appropriate manager. 36. Tools being taken into the secure area of the facility are inspected and inventoried before entering and prior to departure. All tools entering the facility are inventoried prior to entering the secure area. This same inspection form is used to inventory the tools prior to departure from the secure area. 37. Storage and supply rooms; walls, light and plumbing fixtures, accesses, and drains, etc. undergo frequent, irregular searches. These searches are documented. All searches of areas within the secure portion of the institution are documented. 38. Walls, fences, and exits, including exterior windows, are inspected for defects once each shift. 39. Daily procedures include: • Perimeter alarm system tests. • Physical checks of the perimeter fence. • Documenting the results. (b)(7)e 40. Visitation areas receive frequent, irregular inspections. 41. An officer is assigned responsibility for ensuring the security inspection process covers all areas of the facility. 42. The Maintenance Supervisor and Chief of Security or equivalent make monthly fence checks. These monthly checks are conducted and documented in the control center log. FACILITY SECURITY AND CONTROL 30 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010585 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 inspector reviewed facility policies and procedures and interviewed the Warden, the Associate Warden, Chief of Security and several control center officers. The facility maintains an extensive set of records that documents visits to housing units, searches, perimeter security checks, control of tools and visitors entering the institution and assignment of qualified officers to essential posts. There is no written policy or procedure in place that requires (b)(7)e The SMU entrance does not have a sally port. (b)(7)e All tools entering the facility are inventoried prior to entering the secure area. This same inspection form is used to inventory the tools prior to departure from the secure area. The facility color-coded pass system was observed during the inspection. All visitors receive one of six colored badges depending on the reason for the visit and the requirement for escort. All visitors present identification and sign a log before entering the facility. If a visitor enters the secure portion of the facility he again signs a log and passes a hand held metal detector before authorization to enter is given. 02/24/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 31 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010586 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. Detainee property is separated, inventoried and stored in a secure property room. 2. Detainees’ large valuables are secured in a location accessible to designated supervisor(s) or processing staff only. Detainees’ large valuables are identified and stored in the facility property room which is accessible to designated supervisors. 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. ICE detainee property is stored in the facility property room. Funds are collected and verified for deposit in the detainee account. The facility requires(b)(7)(e)taff members to verify detainee funds. The detainee then deposits the funds into an electronic kiosk system in the booking department which deposits the funds into his commissary account. 5. For IGSAs and CDFs, Is the facility using a personal property inventory form that meets the ICE standard? 6. Staff give the detainee the original inventory form, filing copies in the detainee’s detention file and the personal property container. The facility issues the detainee an original copy of the inventory form; one copy is maintained with the property, and one in the detainee file. 7. Staff forward an arriving detainee’s medicine to the medical staff. The facility forwards detainee medication to the medical department during the booking process. 8. Staff search arriving detainees and their personal property for contraband. The facility searches detainee property for contraband during the booking process. 9. Property discrepancies are immediately reported to the Chief of Security or equivalent. Facility policy and procedure requires staff to notify the facility administrator of property discrepancies. 10. Staff follow written procedures when returning property to detainees. 32 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010587 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 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. Facility policy and procedure states that any property left at the facility are forwarded to the local ICE office. 13. Staff obtain a forwarding address from each detainee. 14. It is standard procedure fo(b)(7)(e)officers to be present when removing/documenting the removal of funds from a detainee’s possession. The facility require(b)(7)(e)staff members to verify detainee funds. The detainee then deposits the funds into an electronic kiosk system in the booking department which deposits the funds into his commissary account. 15. Staff issue and maintain property receipts (G-589s) in numerical order. The facility is an IGSA, utilizing a local form for detainee property. They are not maintained in numerical order; the local form is not numbered. 16. Staff complete and distribute the accordance with the ICE standard. in The facility utilizes a local form which is completed and distributed as described by the standard. 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. The facility utilizes a local form to inventory detainee property. The form is assigned a "bin" number which is logged with the detainee name. 18. Staff tag large valuables with both a G-589 and an I77. The facility utilizes a local form to inventory detainee large valuable property. 19. The supervisor verifies the accuracy of every G-589. The facility requires the booking supervisor to review detainee property inventory forms during the booking process. G-589 33 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010588 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 20. The supervisor ensures that: • Detainee funds are, without exception, deposited into the cash box; The facility booking supervisor and property room staff ensure the items contained in the component are completed. • Every property envelope is sealed. • All sealed property envelopes are placed in the safe. • Large, valuable property is kept in the secured locked area. 21. Staff tag every baggage/facility container with an I-77, completed in accordance with the ICE standard. Facility staff utilizes a local form to tag baggage and containers in the facility property room. 22. Staff secure every container used to store property with a tamper-proof numbered strap. The facility utilizes tamper proof, numbered straps to secure property containers. 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. The facility logs the detainee name and "bin" number in an electronic system. 24. In SPCs, the Supervisory Immigration Enforcement Agent, accompanied by a detention staff member conducts a comprehensive weekly audit. This facility is an IGSA. Facility staff conduct comprehensive weekly audits of the facility property room. 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. The facility conducts quarterly audits of baggage and non-valuable property. 26. The facility positively identifies every detainee being released or transferred. Detainees are released to ICE staff within the secure area of the facility. ICE staff positively identify the detainee prior to his release or transfer. 27. Staff routinely inform supervisors of lost/damaged property claims. Claims are properly investigated and missing or damaged property claim reports are filed. Facility staff is required to notify supervisors of any property claims by detainees. 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. The facility utilizes the ICE form I387 to document lost or damaged detainee property. PART 2 - 8. FUNDS AND PERSONAL PROPERTY Meets Standard Does Not Meet Standard N/A Repeat Finding 34 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010589 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 Remarks: (Record significant facts, observations, other sources used, etc.) The facility has established a policy and procedure to ensure detainee funds and personal property are safeguarded and controlled. Practices include two staff members verifying detainee funds, a comprehensive inventory and property storage system, contraband interdiction and periodic property audits. Any property left by a detainee at the facility is secured in a locked container and transferred to ICE for disposition. (b)(6), (b)(7)(c) 02/24/2012 Reviewer’s Signature / Date 35 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010590 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 1. The hold room is situated in a location within the secure perimeter. Hold rooms at this facility are located within the secure perimeter. 2. The hold rooms are clean, in good repair, well ventilated, well lit, and all activating switches located outside the room. Direct observation by this inspector verified that the hold rooms are well ventilated and well lighted, and all activating light switches are located outside the rooms. 3. The hold rooms contain sufficient seating for the number of detainees held. Hold rooms are large and contain sufficient seating for the number of detainees held. Staff assigned to the unit stated that the hold rooms have never been filled to capacity. 4. No bunks/cots/beds or other related make shift sleeping apparatuses are permitted inside hold rooms. During the course of the inspection there were no sleeping apparatuses observed in the hold rooms. 5. Hold room walls and ceilings are escape and tamper resistant. Hold room walls and ceiling appear to be escape and tamper proof. 6. Detainees are not held in hold rooms for more than 12 hours. Written facility policy and post orders require that detainees be held in intake for less than ten hours. A review of ten records in the intake unit verified that no detainees were held more than ten hours. 7. Male and females detainees are segregated from each other at all times. 8. Detainees are provided with basic personal hygiene items such as water, soap, toilet paper, cups for water, feminine hygiene items, diapers and wipes. 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. 10. All detainees are given a pat down search for weapons or contraband before being placed in the hold room. Females are not held at this facility. A visit to the hold rooms by this inspector showed that basic personal hygiene items were available to detainees. Each room had a fountain for drinking water. All hold rooms are equipped with toilet facilities. A pat down search is conducted at least twice, by ICE and Management and Training Corporation (MTC) staff members before a detainee is placed in a hold room. 36 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010591 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 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. 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. 13. An appropriate emergency service is called immediately upon a determination that a medical emergency exists. 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 After a hold room is vacated the room is cleaned and checked for tampering. These checks are documented. There is a written evacuation plan to evacuate the intake unit along with a diagram showing the exit route. The senior person on duty in the unit makes the decision to evacuate. According to written facility policy and post orders, the medical unit is called immediately for assistance should a medical emergency occur. 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. Only multiple occupant hold rooms are used at this facility. Multiple occupant hold rooms have the maximum capacity posted on the door. The maximum capacity is based on the square footage requirements of this component. 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. This facility is an IGSA. Hold rooms at this facility are equipped with stainless steel combination lavatory/toilet fixtures with modesty walls. They are compliant with the American Disabilities Act. Hold rooms with capacities of 15 - 49 detainees have at least two combination toilet fixtures. 16. In SPCs designed after 1998 the hold rooms have floor drain(s). This facility is an IGSA. The hold rooms have floor drains. 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. This facility is an IGSA. All doors to the hold rooms swing out and comply with the specifications of the standard. 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. Males over age of 70 are not placed in hold rooms. Rather they are placed in an administrative part of the intake unit and escorted by a staff member. The facility does not take females or juveniles. 37 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010592 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 19. Minors (under 18) are confined apart from adults, except for immediate relatives or guardians. Minors are not housed at 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. A detention log is maintained for every detainee placed in a hold cell. This log is required by post orders and was reviewed by this inspector. All required information was present. 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 Meals are provided to any detainee placed in a hold room for more than six hours. Post orders and written facility policy require this. The unit logbook verified that these meals were provided in a timely manner. 22. Any detainee with disabilities, including temporary disabilities, will be housed in a manner that provides for his or her safety and security. 23. The maximum occupancy for the hold room will be posted. The maximum occupancy of a hold room is posted on the exterior of the door. 24. Before placing a detainee in a room, an officer shall observe each individual to screen for obvious mental or physical problems. 25. Staff does not permit detainees to smoke in a hold room. Smoking is not permitted in this facility. 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. Audio monitoring of the hold rooms is continuous and visual monitoring occurs every 15 minutes and is documented. Constant surveillance is provided for any detainee exhibiting unusual actions. 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.) Written policies and procedures concerning hold room operations were reviewed. Additionally, several officers assigned to the 38 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010593 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 hold room area were interviewed about practices. Hold rooms were found to be clean, well ventilated and secure during the inspection. Detainees are pat searched twice before being placed in a hold room; once by ICE and once by facility staff members. Only multiple occupant hold rooms are used at this facility. Multiple occupant hold rooms have the maximum capacity posted on the door. The maximum capacity is based on the square footage requirements of this standard. Hold rooms at this facility are equipped with stainless steel combination lavatory/toilet fixtures with modesty walls. They are compliant with the American Disabilities Act. Hold rooms with capacities of 15 - 49 detainees have at least two combination toilet fixtures. / 02/24/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 39 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010594 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 1. The security officer[s], or equivalent, has attended an approved locksmith training program. The security officer attended an approved locksmith training program in April 2011. 2. The security officer, or equivalent, has responsibility for all administrative duties and responsibilities relating to keys, locks etc. Written facility policy states that the security officer is assigned all administrative duties and responsibilities relating to keys and locks. An interview with the key control officer confirmed that he is aware of these duties. 3. The security officer, or equivalent, provides training to all employees in key and lock control. All employees are trained in key control during pre-service training and annually thereafter. The training curriculum was reviewed. It covers the requirements of the facility key control policy and the responsibilities of employees with respect to key control. 4. The security officer, or equivalent, maintains inventories of all keys, locks and locking devices. The security officer maintains inventories of all keys, locks and locking devices. The inventory document was reviewed during this inspection. 5. The security officer follows a preventive maintenance program and maintains all preventive maintenance documentation. The security officer conducts a preventive maintenance check on all locks in the facility on a weekly basis. These checks are documented in a log book. This inspector checked the log book entries for the last several weeks and found them to be complete. 6. Facility policies and procedures address the issue of compromised keys and locks. Written facility policy addresses the procedures to be followed for compromised locks and keys. 7. The security officer, or equivalent, develops policy and procedures to ensure safe combinations integrity. The security officer has written procedures in place to ensure safe combination integrity. 8. Only dead bolt or dead lock functions are used in detainee accessible areas. 9. Non-authorized locks (as specified in the Detention Standard) are not used in detainee accessible areas. 10. The facility does not use grand master keying systems. Grand master keying systems are not used at this facility. 40 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010595 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 11. All worn or discarded keys and locks cut up and properly disposed of. All broken or worn out keys are cut up and disposed of by the security officer. 12. Padlocks and/or chains are not used on cell doors. Padlocks and/or chains are not used on cell doors at this facility. Housing units were reviewed by this inspector and confirmed that chains/padlocks are not used. 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. There are two keyboards utilized in the facility: (b)(7)(e) (b)(7)(e) 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 A check of ten randomly selected key rings confirmed that the keys cannot be removed from the ring without a special tool; there is a chit on each ring showing the number of keys on the ring and a number is on the ring for identification. 16. Emergency keys are available for all areas of the facility. This inspector confirmed that there are emergency keys for all areas of the facility. These emergency keys are stored outside the secure perimeter of the facility. 17. The facility uses a key accountability system. Written facility policy requires that key rings be issued only to a qualified staff member after he exchanges a chit with his name on it for the key ring. This process was observed by this inspector at both control centers. 41 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010596 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. Remarks 18. Authorization is necessary to issue any restricted key. Post orders provide control room officers procedures to follow to issue restricted keys. A supervisor must give authorization for this to occur. Restricted keys are identifiable by a red tag on the ring. 19. Individual gun lockers are provided. Individual gun lockers are located • They are located in an area that permits constant officer observation. (b)(7)(e) • 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 keys located in each control center are counted at least twice daily. These counts are documented in a permanent log. This inspector viewed those logs and confirmed their completeness. 21. All staff members are trained and held responsible for adhering to proper procedures for the handling of 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. Locks and locking devices are checked at least weekly by the key control officer. These checks are documented in a log book. Additionally, there is a procedure in place for a written maintenance request to be submitted for lock repair. 23. Each facility has the position of Security Officer. If not, a staff member appointed the collateral duties of security officer. This facility ha(b)(7)(e)officers working as security officers. 24. The designated key control officer is the only employee who is authorized to add or remove a key from a ring. Written facility policy states that only the key control officer may add or remove a key from a key ring. 25. The splitting of key rings into separate rings is not authorized. PART 2 – 10. KEY AND LOCK CONTROL 42 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010597 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.) This inspector reviewed policies and procedures and interviewed the two security officers and the Chief of Security. Records and files that the standard requires are well maintained. The facility has a staff member that attended an approved locksmith training course. All employees are trained in key control during pre-service training and annually thereafter. The training curriculum was reviewed. It covers the requirements of the facility key control policy and the responsibilities of employees with respect to key control. Staff receive training on key control during new employee training and annually thereafter. (b)(7)e Individual gun lockers are located . has constant (b)(7)(e) visual observation of this area. A check of ten randomly selected key rings confirmed that the keys cannot be removed from the ring without a special tool; there is a chit on each ring showing the number of keys on the ring and a number is on the ring for identification. 02/24/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 43 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010598 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 1. Staff conduct 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. At least seven formal counts are conducted each day. One of these counts is required to be a face to photo count. 2. Activities cease or are strictly controlled while a formal count is being conducted. All operations are stopped during a formal count and only resume when the count clears. 3. There is a system for counting each detainee, including those who are outside the housing unit. 4. Formal counts in all units take place simultaneously. All formal counts occur simultaneously. Each count observed during the inspection showed that all areas of the facility were counted at the same time. 5. Officers do not allow detainee participation in the count. Detainees do not participate in the count process. 6. A face-to-photo count follows each unsuccessful recount. Facility policy requires that a face to photo count follows each unsuccessful recount. 7. Officers positively identify each detainee before counting him/her as present. There is one face to photo count each day. During all other counts the detainee must be in/on his assigned bed. The officer verifies that it is a living breathing human being before counting him. 8. Written procedures cover informal and emergency counts. There is written facility policy that gives procedures for formal, informal and emergency counts. This information is also included in housing unit officer's post orders. 9. The control officer (or other designated position) maintains an “out-count” record of all detainees temporarily out of the facility. At this facility the count room maintains a record of all detainees temporarily out of the facility. 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. Procedures for conducting counts are provided during the initial orientation training and annually thereafter. PART 2 – 11. POPULATION COUNTS Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) This inspector interviewed control center staff and housing unit officers and reviewed facility policy and post orders concerning 44 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010599 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 the Population Count standard. Additionally, a formal count was observed by several inspectors. Facility policy and procedures were complied with during the simultaneous count. Detainee movement stopped before the count and did not resume until after the count cleared. All detainees returned to their beds prior to the count and remained there until the count cleared. Had there been a "bad count", policy requires a face-to-photo count be conducted. / 02/24/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 45 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010600 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. There are 32 fixed posts. Each post has a set of Post Orders. 2. In SPCs and CDFs, Post Orders are arranged in the required six-part folder format. Post Orders at six fixed posts were reviewed. All had a similar format and included all necessary information. 3. Each set contains the latest inserts (emergency memoranda, etc.) and revisions. Post Orders at six fixed posts were reviewed. All appeared to have the latest memoranda, updates, etc. 4. One individual or department is responsible for keeping all Post Orders current with revisions that take place between reviews. The Warden's secretary has the responsibility to keep Post Orders current. 5. Review, updating, and reissuing of Post Orders occurs regularly and at least annually. The Chief of Security conducts a quarterly review of each Post Order. The last quarterly review was conducted on 01/12/2012. The Warden conducts an annual review of each Post Order. The last annual review was conducted on 02/12/2012. 6. The facility administrator authorizes all Post Order changes. Written facility policy states that only the Warden may authorize changes to a Post Order. 7. The facility administrator has signed and dated the last page of every section. The Warden signs the last page of every Post Order. The six Post Orders reviewed had the Warden's signature on the last page. 8. A Post Orders master file is available to all staff. The Warden's secretary maintains a complete set of Post Orders which are available to all staff members. 9. Procedures keep Post Orders and logbooks secure from detainees at all times. Post Orders are kept in an open desk drawer in the housing units. When the officer leaves his station the orders become accessible to the detainees. 10. Copies of the applicable Post Orders are retained at the post only if secure from detainee access. 11. Supervisors ensure that officers understand the Post Orders, regardless of whether the assignment is temporary, permanent, or due to an emergency. Written facility policy requires that supervisors ensure that officers understand the requirements of the post prior to assignment. 46 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010601 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 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 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. Facility policy requires that each time an officer is assigned to a new post he is required to read and sign the applicable Post Orders. Six Post Orders were reviewed and the required signatures were in place. 13. Anyone assigned to an armed post qualifies with the post weapons before assuming post duty. This inspector reviewed training records that verified that officers qualified with their assigned weapon before assuming the 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. All armed posts have a set of Post Orders that provide instructions for the officer should an escape or escape attempt occur. 16. The Post Orders for housing units track the daily event schedule. 17. Housing unit post officers record all detainee activity in a log. The Post Orders include instructions on maintaining the logbook. Post Orders require that a bound housing unit logbook be maintained for each unit. All detainee activity is recorded in this book. Three logbooks were checked by this inspector during the review and found to be current, legible and contain the necessary information. PART 2 – 12. POST ORDERS Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) During the inspection facility policy and individual Post Orders were reviewed. Additionally, the Chief of Security and (b)(7)e detention officers were interviewed with respect to Post Orders. Six Post Orders were reviewed and were all formatted into four parts and contained the Warden's signature or initials on each page. Armed posts and posts that have access to the secure perimeter have a section that deals with a hostage situation. Post Orders are kept on posts in detainee housing units that do not have the capability of secure storage as required by the standard. 02/24/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 47 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010602 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 1. There are written policy and procedures governing searches of housing areas, work areas and of detainees. 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 The facility does have written policy governing searches. Interviews with staff indicated that they are familiar with the policy. 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. 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. The facility Captain stated that staff are instructed to leave any area searched in its original order, however, there is no written policy requiring it. 5. Detainees are pat searched and screened by metal detectors routinely to control contraband. Staff were observed performing pat searches and screening detainees with hand held metal detectors as they were escorted into or out of the different areas of the facility. 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. Reasonable suspicion is required for a strip search. Any strip search must be authorized by the Warden and ICE. 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. Body cavity searches require authorization from the Warden and ICE. A search warrant is also required unless exigent circumstances exist. Detainees would be taken to a medical facility so that the search can be done by health care personnel. Staff advise that there have been no body cavity searches conducted in the past twelve months. 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 If there is reasonable belief that a detainee is concealing contraband, he may be placed in a "dry cell" in the medical unit upon authorization from a Supervisor. 48 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010603 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 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. Contraband that may be evidence is inventoried and turned over to the Otero County Sheriff's Office to be maintained as evidence for possible criminal prosecution. 10. Canines are not used in the presence of detainees There are no canines at this facility. If a canine is brought in for a contraband search detainees will be removed from the area prior to the arrival of the canine. 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.) The facility has written policy and procedures governing searches. Interviews with staff indicate that all are familiar with this policy. During this inspection officers were observed pat searching detainees prior to and after movement from one area to another. Hand held metal detectors are also utilized. A review of the logs and observation indicated that the searches are being performed according to facility policy. Facility practice is to leave any area searched in its original order; however, there is no written policy. There are no canines at the facility. If a canine is brought in to conduct contraband searches detainees would be removed from the area prior to the arrival of the canine. (b)(6), (b)(7)(c) 02/24/2012 Reviewer’s Signature / Date 49 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010604 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. The facility has nine written policies and procedures which comprise the sexual abuse and assault prevention and intervention program. 2. For SPCs and CDFs, the written policy and procedure has been approved by the Field Office Director. This is an IGSA facility. A review of the policies and procedures indicated they have not been approved by the Field Office Director. 3. Tracking statistics and reports are readily available for review by the inspectors. Tracking statistics and reports are maintained by the program coordinator and were made readily available to the inspector during the inspection. 4. All staff are trained, during orientation and in annual refresher training, in the prevention and intervention areas required by the Detention Standard. Written policy and procedure require all staff are trained during pre-service orientation and annually. An interview with the training officer and a random review of training files indicated practice consistent with policy. 5. Detainees are informed about the program in facility orientation and the detainee handbook (or equivalent). A review of the orientation program and the detainee handbook indicated information regarding the sexual abuse and assault prevention and intervention program is presented in each. 6. The Sexual Assault Awareness Notice is posted on all housing unit bulletin boards. A tour of housing dormitories indicated the Sexual Assault Awareness Notice was posted in each dormitory visited. 7. The Sexual Assault Awareness Information brochure is available for detainees. (Required in SPCs and CDFs.) This is an IGSA facility. The Sexual Assault Awareness Information brochure is made available to detainees upon their request. 8. Detainees are screened upon arrival for “high risk” sexual assaultive and sexual victimization potential and housed and counseled accordingly. Written facility policy requires detainees are screened upon arrival for high risk sexual assaultive and sexual victimization potential and are housed and counseled accordingly. 50 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010605 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 9. All incidents of sexual abuse or assault by a detainee on a detainee have been documented in the past year. Written policy and procedure requires all incidents of sexual abuse or assault by a detainee on a detainee to be documented. A review of the tracking statistics indicated there has been no detainee on detainee assaults during the past year. 10. All incidents or allegations of sexual abuse or assault by staff on a detainee have been documented in the past year. Written policy and procedure require all incidents of sexual abuse or assault by staff on a detainee are documented. A review of the tracking statistics indicated there has been no staff on detainee assaults during the past year. 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. Written facility policy requires prompt and effective intervention, including chain-of-command reporting, when any detainee is sexually abused or assaulted. 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. Written policy and procedure requires staff to conduct a thorough investigation, gather and maintain evidence and make referrals to appropriate law enforcement agencies when there is an alleged sexual assault. An interview with the program coordinator and a review of tracking statistics indicated there have been no documented sexual assaults during the past year. 13. When there is an alleged or proven sexual assault, the required notifications are promptly made. Written policy and procedure requires the appropriate notifications are promptly made when there is an alleged or proven sexual assault. An interview with the program coordinator and a review of tracking statistics indicated there have been no alleged or proven sexual assaults during the past year. 51 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010606 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 14. Victims of sexual abuse or assault are referred to specialized community resources for treatment and gathering of evidence. Written facility policy requires victims of sexual abuse or assault are referred to specialized community resources for treatment and gathering of evidence. During the past year, there have been no referrals. 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. Written facility policy requires 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. An interview with the program coordinator and a review of tracking statistics indicated there has been no activity during the past year. Part 2 – 14. 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.) The above rating was determined following a review of policy and procedure, the detainee handbook, tracking statistics and an interview with the program coordinator and a tour of detainee dormitories. The facility has a detailed written policy and procedure with a named program coordinator who maintains an electronic log and generates tracking statistics. At the time of intake, all detainees are screened for high risk sexual assaultive and sexual victimization potential. An interview with the program coordinator and a review of the tracking statistics indicated there has been no reported detainee-ondetainee or accusations of staff-on-detainee assaults during the past year. 02/24/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 52 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010607 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. This facility has written policies and procedures in place for Special Management Units (SMU). 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. A supervisor signs the Administrative Segregation order before a detainee is placed in the SMU. 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. Facility policy requires that an Institution Disciplinary Committee find that the detainee committed a prohibited act of the "Greatest, High or High Moderate" level before being transferred to Disciplinary Segregation. 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. This facility requires that a detainee first be screened by medical personnel before being placed in the SMU. This was confirmed by a check of the SMU detainee housing records. 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. Post orders give the procedures that must be followed to secure SMU entrances, control the introduction of contraband and permit tools and food into the unit. 6. The number of detainees confined to each cell or room does not exceed the capacity for which it was designed. 7. Cells and rooms are well ventilated, adequately lit, appropriately heated and maintained in a sanitary condition at all times. 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. Only one detainee is assigned to any cell in the SMU. All occupied cells in the SMU (four) were visited. The cells were well ventilated, adequately lighted, appropriately cooled and maintained in a sanitary condition. Permanent logs to include log books and detainee folders are maintained to show activities from admission to release from the unit. 53 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010608 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. 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 A permanent log is maintained for each detainee in the SMU. The record shows the detainee's name, A-number, housing location, date admitted, reason for admission, release date, authorizing detention official and date released are maintained. 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. This facility is an IGSA. A bound log book records the date, time and name of any visitor to the unit. A separate log documents any unusual behavior on the part of an individual detainee. This information is passed on to the facility administrator. 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. This facility is an IGSA. When a detainee is admitted to the SMU a locally generated SMU Housing Unit Form is initiated by the housing unit officer. This form is comparable to form I-888. The form is completed at the end of the midnight shift that shows all detainee activities during the previous twenty-four hours. When a health care provider visits the unit he signs individual detainee records. After the visit of the health care provider the housing unit officer initials the record to show that all medical visits have been completed. 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. The SMU officer sends the complete detainee housing unit folder to the Chief of Security for inclusion in the detainee's detention file. 54 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010609 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 13. There are written policy and procedures concerning the property detainees may retain in each type of segregation. Facility policy lists the property that detainees in both Disciplinary and Administrative Segregation may have in their possession. 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.) Written facility policy lists the privileges that detainees may have in Disciplinary and Administrative Segregation. Detainees in Administrative Segregation have privileges that approximate that of 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). 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). Written policy and procedures require that detainees in the SMU are personally observed at least every thirty minutes. A check of detainee records showed that these thirty minute checks were routinely accomplished. 17. The shift supervisor sees each segregated detainee daily, including weekends and holidays. The unit log book showed that each shift supervisor visited each detainee on each shift. 18. The facility administrator (or designee) visits each SMU daily. The unit logbook showed that a senior member of facility management visited the SMU daily. 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). This facility is an IGSA. The unit records show that a health care provider visits each detainee in the SMU at least twice per day. 20. Detainees in SMUs are provided three nutritionally adequate meals per day, ordinarily from the general population menu. Detainees in the SMU are provided the same meals as detainees in the general population. 55 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010610 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 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 assigned to the SMU may shave and shower every day. They also receive the same basic services as detainees in the general population. 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. If a detainee becomes so disturbed that he is likely to destroy property, create a disturbance or risk harming himself, the medical department is notified and the detainee is transferred to the Medical Department for control instituted by the medical officer. 23. Detainees in an SMU may write and receive letters the same as the general population. 24. Detainees in an SMU ordinarily retain visiting privileges. 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. 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. Facility policy requires that documentation to disallow general visits for a detainee in the SMU be generated and forwarded to the Warden for approval. This denial of visitation has not occurred in the past year. There has not been an instance of a detainee in Administrative Segregation being denied visitation in the past year. 27. Under no circumstances is a detainee permitted to participate in general visitation while in 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. 29. In SPCs and CDFs, violent and disruptive detainees are limited to non-contact visits and, in extreme cases, not permitted to visit. This facility is an IGSA. Detainees in protective custody are permitted to have general visits in the attorney client room. This non-contact visiting room is separate from the general visitation area. This facility is an IGSA. All visits at this facility are non-contact visits. 56 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010611 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 30. Ordinarily, detainees in SMUs are not denied legal visitation. 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. During the past year there have been no instances where special security precautions were necessary for a legal visit. Legal visits are non-contact visits unless otherwise authorized by the Warden. 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. 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 in the SMU are permitted access to the library/law library during the lunch period for the general population. 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. Detainees in the SMU are permitted access to the library/law library during the lunch period for the general population. 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. 36. Policy and procedures provide for legal material to be brought to individuals in Disciplinary Segregation under certain circumstances. Written policy provides for detainees in Disciplinary Segregation to have access to the law library unless security concerns prevent this. Denial of law library access to Disciplinary Segregation detainees has not occurred in the past twelve months. 57 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010612 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 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. 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 Written facility policy allows for the denial of access to the law library. However, there has been no denial of access to the law library in the past twelve months. 38. Recreation for detainees in the SMU is separate from the general population. All recreation activities for detainees in the SMU are separate from the general population. 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.) This facility has written policies and procedures that require that detainees who must be kept separate from other detainees never participate in the same activities at the same time. During this inspection this issue did not occur. 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. Detainees in Administrative Segregation are offered recreation seven days per week for at least one hour. Those in Disciplinary Segregation are offered at least one hour five days per week. 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. 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. The shift supervisor has the authority to deny a detainee recreation privileges when an unreasonable risk is present. Each time that this privilege is denied a written report is generated. A check of SMU files and interviews with two detainees confirmed that this has not occurred in the recent past. Written policy requires that detainees that have had their recreation privileges denied for an extended period have their status reviewed at least every seven days. This review is documented. Such a denial has not occurred in the past year. 58 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010613 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 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. 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 Written policy requires that denial of recreation privileges for more than fifteen days requires the concurrence of the Warden and the health authority. ICE is notified when a detainee is denied recreation privileges for more than 15 days. This has not occurred within 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. Detainees assigned to Administrative Segregation receive telephone access similar to detainees in general population. Detainees assigned to Disciplinary Segregation may have their telephone privileges restricted only as part of the disciplinary process. 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 placed in Administrative Segregation only when a written detention order signed by a supervisor is present. If circumstances prevent the concurrent creation of a detention order, it is written, signed and presented to the detainee within twenty-four hours. A copy of the detention order is placed in the detainee file in the SMU. Once a detainee is released from the SMU, the order is completed by the unit officer and forwarded for inclusion in the detainee's detention file. 59 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010614 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 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. 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 Policy requires that a supervisor review a detainee's placement in Administrative Segregation within seventy-two hours. A written record of this review is generated and placed in the detainee's unit file. A similar review occurs every seven days for the first sixty days and then every thirty days thereafter. A review of detainee files in the SMU verified that these reviews are occurring. Policy requires that a copy of every decision and recommendation for continued placement in Administrative Segregation be given to the detainee. Facility policy allows for the detainee to appeal the decision. An interview with two detainees confirmed that a copy of the decision and justification for continued Administrative Segregation is given to the detainee. Written facility policy allows a detainee to appeal his continued placement in Administrative Segregation after seven days. 60 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010615 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 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. Policy requires that the Warden review a detainee's placement in Administrative Segregation after thirty days if the detainee appeals such placement. An appeal of continued Administrative Segregation placement has not occurred in the recent past. 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. Facility policy requires that the ICE Field Officer Director be notified when a detainee is held in Administrative Segregation for more than thirty days. 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. 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. A detainee may only be placed in Disciplinary Segregation status based on an order generated by the Institutional Disciplinary Committee. The maximum sanction for a single offense is sixty days in Disciplinary Segregation. 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. Written facility policy requires that the Warden send the Field Officer Director a notification when a detainee has been held in Disciplinary Segregation status for thirty days. This has not happened at this facility in the past twelve months. 61 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010616 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. 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. Remarks A review of detainee files showed that the chair of the Institutional Disciplinary Committee (IDC) prepares a written detention order before the detainee is moved to Disciplinary Segregation. A copy of this order is normally given to the detainee unless security concerns preclude it. The chair of the IDC also prepares the Disciplinary Segregation Order detailing the reason for Disciplinary Segregation. Upon release from the SMU the Disciplinary Segregation Order is forwarded to the Chief of Security for inclusion in the detainee's detention file. Copies of these documents are included in the detainee file in the SMU. 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. Facility policy requires that a supervisor interview every detainee in Disciplinary Segregation status every seven days. A copy of each formal review is provided to the detainee. The reviewer may recommend early release and return to the general population but final approval of the Warden is required. PART 2 – 15. SPECIAL MANAGEMENT UNITS Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) During the inspection, facility policy and Post Orders for the Special Management (SMU) unit were reviewed. Additionally, the Chief of Security, the Associate Warden and a sergeant and two detention officers assigned to the SMU were interviewed. There 62 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010617 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 were four male detainees assigned to the SMU during the inspection. Two detainees were in Disciplinary Segregation and two in Administrative Segregation (one in protective custody). A review of the detainee files showed that all required documentation was timely and present. Senior management visited the SMU twice during the three day inspection. Medical staff visited twice each day and talked to each detainee. The unit was clean, quiet and well ventilated. Detainees had received all required meals, recreation, showers (showers are permitted every day), laundry etc. during the previous seven days. Should a detainee in the SMU request access to the law library he is provided that during the time that the general population is having the lunch meal. Detainees in the SMU are permitted general visiting unless a disciplinary sanction has been applied that prohibits same. (b)(6), (b)(7)(c) 02/24/2012 Reviewer’s Signature / Date 63 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010618 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. 1. The ICE/DRO Field Office Director ensures that weekly announced and unannounced visits occur. 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 The logs reviewed by this inspector indicated announced and unannounced visits occur weekly. 2. Detention Staff and Deportation Staff conduct scheduled weekly visits with detainees. 3. Scheduled visits are posted in ICE/DRO detainee housing areas. The schedules for weekly visits were noted in the housing areas. 4. Visiting ICE staff observe and note current climate and conditions of confinement. The logs reviewed indicated the officers conducting the visits do observe and note the current climate and conditions of confinement. 5. ICE/DRO Detainee Request Forms are available for use by ICE/DRO detainees. Detainee Request Forms were in all housing units. 6. The facility treats detainee correspondence to ICE/DRO staff as Special Correspondence. Detainees place all correspondence to ICE in a secure box located near the dining hall. 7. A secure box is located in an accessible location for detainee’s to place their Detainee Request Forms. 8. Only ICE staff are able to retrieve the contents of the secure box containing Detainee Request Forms, Only ICE staff have the key to the secure box containing Detainee Request Forms. 9. ICE/DRO staff respond to a detainee request from a facility within 72 hours and document the response in a log. The logs reviewed indicated that ICE staff respond to a request from a detainee within 72 hours or less. 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. Detainees are issued the National Detainee Handbook which contains this information. 11. OIG Hotline Informational Posters are mounted in all appropriate common areas (recreation, dining, etc.) and, in SPCs and CDFs, in all housing areas. OIG Hotline Informational Posters were observed in appropriate common areas and in all housing units. 12. Daily telephone serviceability checks are documented in the housing unit logbook. 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.) Interviews with ICE staff and facility staff and review of the logs indicate that announced and unannounced visits occur weekly. 64 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010619 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 The schedule for the announced visits was posted in the housing units. A secure box is located near the detainee dining hall for detainees to place Detainee Request Forms. Only ICE staff are able to retrieve the contents of the box. OIG Hotline Informational Posters were noted in the housing areas and other areas of the facility. Facility logs indicate that daily serviceability checks are being performed. ICE staff also meet with detainees prior to the Group Legal Rights Presentations that all detainees are required to attend. ICE staff were observed throughout the facility interacting with detainees during the inspection. 02/24/2012 (b)(6), (b)(7)(c) Reviewer’s Signature / Date 65 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010620 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 Chief of Security is the designated tool control officer assisted by the armory officer. 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 sallyport 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. All tools are delivered to the facility maintenance department located outside the secure perimeter of the facility. 3. (MANDATORY) The use of tools, keys, medical equipment, and culinary equipment is controlled. 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. Policy requires that a plastic or metal chit be posted on the shadow board when a tool is issued. This procedure was observed by this inspector at all tool board locations. 5. Tool inventories are required for: Tool inventories at this facility are maintained for the Maintenance, Medical Department, Food Service Departments and the Armory. There is no Electronic Shop at this facility. The Recreation Department does not have any tools. Inventories for those departments with tools were checked during the inspection and found to be accurate. • Facility Maintenance Department • Medical Department • Food Service Department • Electronics Shop • Recreation Department • Armory 6. Tool Inventories are conspicuously posted on all tool boards, tool boxes and tool kits. 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). All tool boards and boxes were checked during the inspection and found that tool inventories were conspicuously posted. Facility policy requires that tools be inventoried weekly, monthly and quarterly. This facility classifies tools as either sensitive (class A) tools or nonsensitive (Class B) tools. 66 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010621 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 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 Written facility policy states that each department head is responsible for implementing tool control procedures in his department. 10. There are policies and procedures in place to ensure that all tools are properly marked and readily identifiable. 11. The facility has an approved tool storage system. • 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. This facility's tool storage system requires that tools be accountable by insuring that tools are mounted on a white background shadow board. Restricted tools will have a red shadow background while nonrestricted tools will have a black shadow background. Further, these commonly used tools are all mounted in such a way that their disappearance will not escape attention. This was verified during a tour of the tool control areas. 12. Tools removed from service have their shadows removed from shadow boards. Facility policy requires that shadows be removed from shadow boards when a tool is removed from service. The tool inventory for that shadow board is also updated. 13. Tools not adaptable to a shadow board are stored in a locked drawer or cabinet. Individual tool boxes containing tools are secured with a hasp and padlock with an inventory sheet inside the box. Several tool boxes were checked and all had a hasp, padlock and inventory sheet. 14. Sterile packs are stored under lock and key. Sterile packs are stored under lock and key at all times. 15. Each facility has procedures for the issuance of tools to staff and detainees. Detainees are not issued tools at this facility. There is a written procedure for the issuance of tools to staff. 67 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010622 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 16. There are policies and procedures to address the issue of lost tools. The policy and procedures include: 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 There are written policy and procedures to address the issue of lost tools. These procedures include both verbal and written notification to the appropriate supervisor, restriction of detainee access to the area and final documentation and review of the lost tool investigation. • 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. Damaged tools are turned in to the security officer for disposition. All pieces of the tool are accounted for. 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. Contractor vendors that bring tools into the facility must present an inventory before entry. An officer verifies the correctness of the inventory. These vendors are than escorted the entire time they are in the facility. Prior to departure the tools are inventoried again to insure all tools are accounted for. 19. Hoses longer than three feet in length are classified as a restricted tool. Facility policy requires that all hoses over three feet in length be secured. 20. Scissors used for in-processing detainees are tethered to the furniture (e.g. table, counter, etc.) where they are used. PART 2-17. TOOL CONTROL Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) During this inspection the facility policy on tool control was reviewed as well as Post Orders relating to bringing tools into the secure facility. Additionally, the Maintenance Supervisor, the Chief of Security and the (b)(7)esecurity officers were interviewed. The Food Service, Medical and Maintenance Departments are the only sections that have tools. The Maintenance Department keeps all its tools outside the secure perimeter. All Maintenance Department tools brought into the secure facility are inventoried both entering and leaving the facility. The Chief of Security is the designated tool control officer assisted by the armory officer. All tools are delivered to the facility Maintenance Department located outside the secure perimeter of the facility. All tool boards and boxes were checked during the inspection and found that facility policy was being followed relating to tool issue, shadowing and tool inventories. Contractor vendors that bring tools into the facility must present an inventory before entry. An officer verifies the correctness of the inventory. These vendors are then escorted the entire time they are in the facility. Prior to departure the tools are inventoried again to insure all tools are accounted for. 68 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010623 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 02/24/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 69 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010624 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. This facility has a written 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. Written facility policy states that staff members "may respond to an immediate use of force situation without a supervisor’s direction or presence". 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. Staff are taught in new employee training and annually thereafter that policy requires that in situations where a detainee who is isolated or can be isolated and poses no immediate threat to himself or others, staff must attempt 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. Written policy states that Confrontation Avoidance Procedures are to be used when time permits. At a minimum, the senior detention official on site, a health professional and others deemed necessary, confer before a calculated used of force is initiated. 5. The facility subscribes to the Confrontation Avoidance Procedures. • Ranking detention official, health professional, and others confer before every calculated use of force. Facility staff are trained in the Useof-Force Team Technique. This technique is used, under the direction of a supervisor, when a detainee must be restrained or moved when time permits. 6. When a detainee must be forcibly moved and/or restrained and there is time for a calculated use of force, staff use the Use-of-Force Team Technique. • 7. prescribed Under staff supervision. Staff members are trained in the performance of the Use-of-Force Team Technique. Facility staff are trained in the Useof-Force Team Technique. This technique is used, under the direction of a supervisor, when a detainee must be restrained or moved when time permits. There has not been a need for the Use-ofForce Team Technique in the past three years. A review of training records indicates that staff are trained in the Use-of-Force Team Technique. 70 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010625 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 8. All use-of-force incidents are documented and reviewed. Written facility policy requires that all use of force be documented and reviewed by the Deputy Warden. Three use of force files were reviewed by this inspector and found to be complete. 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. Staff are trained on the proper techniques to use in a calculated use of force. Written procedures require that both audio and video recording from the beginning of the incident through its conclusion including the medical examination, occur. Any breaks in the recording are explained on the video tape. There has not been a calculated use of force in the past two years. 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. 11. Medication may only be used for restraint purposes when authorized by the Medical Authority as medically necessary. 12. (MANDATORY) Use-of-Force Teams follow written procedures that attempt to prevent injury and exposure to communicable disease(s). Staff are trained during new employee training and annually thereafter, not to use force as punishment, to attempt to gain the detainee's cooperation before resorting to force, to only use as much force as necessary and to use restraints only when other means have failed or are impractical. Medication is not used for restraint purposes at this facility. Written policy describes the procedures and the quarterly training demonstrates to the Use-ofForce team members how to prevent exposure to communicable diseases. 71 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010626 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 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." (b)(7)e 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. (b)(7)e 15. All detainee checks are logged. 16. In immediate-use-of-force situations, officers contact medical staff once the detainee is under control. Written facility policy requires that medical staff be contacted once a detainee is under control for medical evaluation. 17. When the Facility Administrator authorizes use of non-lethal weapons: Before the Warden authorizes the used of non-lethal weapons, medical staff review the detainee’s medical records to ensure such use is not contra-indicated. Non-lethal weapons have not been used in this facility for several years. • Medical staff are 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. 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. (b)(7)e 19. If Intermediate Force Weapons are stored in the Special Management Unit (SMU), they are stored and maintained the same as Class R tools. 20. Special precautions are taken when restraining pregnant detainees. • Medical personnel are consulted There are no female detainees assigned to this facility. 72 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010627 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 21. Protective gear is worn when restraining detainees with open cuts or wounds. Staff members wear face shields, gloves and arm protection when restraining detainees with open cuts or wounds. 22. Staff document every use of force, including what type of restraints was used during the incident. Every use of force in the facility is documented to include the type of restraints that were used. 23. It is standard practice to review any use of force and the non-routine application of restraints. 24. All officers receive training in self-defense, confrontation-avoidance techniques and the use of force to control detainees. • Training records indicate that all officers receive training in selfdefense, confrontation avoidance techniques and use of force. Use of force devices that are certified for use in the facility are also demonstrated and taught to authorized staff members. Specialized training is given to officers ensuring they are certified in all devices approved for use. 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. (b)(7)e 26. The use of canines is restricted to contraband detection purposes only. 27. The officers are thoroughly trained in the use of soft and hard restraints. The use of hard and soft restraints is taught during new employee training and annually thereafter. 28. In SPCs, the Use of Force form is used. In other facilities (IGSAs / CDFs) this form or its equivalent is used. This facility is an IGSA. A locally generated form equivalent to the ICE Use of Force form is used to document all incidents of Use of Force. 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.) This inspector interviewed the Chief of Security, the Warden, a Lieutenant and the Security Officer concerning the Use of Force 73 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010628 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 standard. The facility has written policies and procedures for use of force and discusses the Use of Force Continuum. Before chemical weapons are used at the facility, medical staff reviews the detainee's medical records to insure that such use is not contraindicated. However, there has not been either a use of chemical weapons or a Use-of-Force Team deployment in the past several years. Training records indicate that officers receive training in self-defense, confrontation avoidance and use-of-force. Use-offorce devices that are certified for use in this facility are also taught and demonstrated to officers. Review of the facility use of force policies, staff interviews and immediate use of force reports showed that force is used only after all other reasonable means to resolve the situation have failed. Policy and training asserts that only the minimum force needed to control the situation will be used. (b)(7)e / 02/24/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 74 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010629 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 Performance-Based National Detention Standards Section III ORDER 19 Disciplinary System 75 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010630 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. Written facility policy describes a disciplinary system that uses progressive levels of review and appeals. 2. The facility rules state that disciplinary action shall not be capricious or retaliatory. Written facility policy specifically states that disciplinary action shall 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 Written facility policy expressly prohibits staff members from imposing; corporal punishment, deviations from normal food service, clothing deprivation, denial of personal hygiene items, loss of correspondence privileges or deprivation of physical exercise. The rules of conduct, sanctions and procedures are communicated to the detainees in the Detainee Handbook, on housing unit bulletin boards and through an orientation video played during intake. This inspector visited housing units throughout the facility. Detainee Rights and Responsibilities, Prohibited Acts, Disciplinary Severity Scale and Sanctions were present on all bulletin boards viewed. 6. When minor rule violations or prohibited acts occur, informal resolutions are encouraged. Facility policy encourages staff members to handle minor detainee misconduct informally. 7. Incident Reports and Notice of Charges are promptly forwarded to the designated supervisor. Incident Reports and Notice of Charges are forwarded to the shift lieutenant prior to the end of the shift. 76 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010631 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 8. Incident Reports are investigated within 24 hours of the incident. The Unit Disciplinary Committee (UDC) or equivalent does not convene before investigations end. After receiving the incident report, the shift lieutenant directs a sergeant to conduct the investigation and return it within 24 hours. The Unit Disciplinary Committee does not convene until the investigation is complete. 9. An intermediate disciplinary process is used to adjudicate minor infractions. After the investigation of a minor misconduct incident is complete, the Disciplinary Hearing Officer has the authority to ask the reporting officer and the detainee to resolve the incident informally. The Disciplinary Hearing Officer also has the authority to move forward with the intermediate disciplinary process. 10. A disciplinary panel (or equivalent in IGSAs) adjudicates infractions. The panel: A three person Institutional Disciplinary Committee is assigned to conduct disciplinary hearings at this facility. The panel conducts hearings on all charges, considers written reports, statements, physical evidence and oral testimony. It also hears pleadings by the detainee and staff representative if assigned. Findings are based on the preponderance of evidence. Further, only authorized sanctions are imposed. • 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 11. A staff representative is available if requested for a detainee facing a disciplinary hearing Written facility policy provides for the appointment of a staff representative should the detainee request such assistance. 12. The facility permits hearing postponements or continuances when conditions warrant such a continuance. Reasons are 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. Facility policy states that the maximum time recommended by the Institutional Disciplinary Committee is 60 days for a single offense. 77 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010632 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". Written facility policy establishes procedures for determining the reliability of a confidential informant. The policy also allows the detainee or his representative to challenge the substance of the information provided by a confidential informant, but not the reliability of the informant, once the hearings officer has deemed the informant to be reliable. 15. All forms relevant to the incident, investigation, committee/panel reports, etc., are completed and distributed as required. All forms associated with the disciplinary process are distributed in accordance with the facility’s disciplinary policy. 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 Detainee Handbook provides detainees a thorough, clear explanation of the disciplinary process at this facility. An orientation video viewed by all detainees also gives an overview of the disciplinary process. This inspector interviewed four ICE detainees about the disciplinary system and found that this sample of the population had a basic understanding of the system. Two officers were also interviewed about the disciplinary process who stated that they understood the process and practiced the use of informal resolution for resolving minor rule infractions. 02/24/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 78 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010633 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 79 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010634 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 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 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 facility food service department is operated by facility staff. The Food Service Director is a certified New Mexico Food Handler. The duties and responsibilities of staff are documented. 2. The Cook Foreman is on duty on days when the FSA is off duty and vice versa. The facility maintains (b)(7)(e) food service staff members. A food service employee is on duty anytime the food service department is in operation. 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 The facility provides food service staff with initial training that includes detainee related issues. They also review the ICE 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 The facility maintains a metal lockable knife cabinet secured on the wall (b)(7)(e) 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 (b)(7)(e) Knives are inventoried. The facility secures knives to the workstation prior to use. The facility food service staff monitors the use of knives and utensils. 6. Special procedures (when necessary) govern the handling of food items that pose a security threat. The facility has determined sugar and yeast products could pose a security threat; they are maintained in a separate locked spice cabinet. 7. Operating procedures include daily (shakedowns) of detainee work areas. The facility requires security staff to conduct daily searches of detainee work areas. searches 8. The FSA monitors staff implementation of the facility population count procedures. These procedures are in writing. Staff are trained in count procedures. Facility security staff conduct daily population counts in the food service department. 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. Facility food service staff monitor detainees daily for health and cleanliness. 80 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010635 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 10. The FSA annually reviews detainee-volunteer job descriptions to ensure they are accurate and up-todate. 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 The facility Food Service Director maintains the annual review of detainee job descriptions. 11. The Cook Foreman or equivalent instructs newly assigned detainee workers in the rules and procedures of the food service department. 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. The facility food service department maintains comprehensive training documentation for each detainee assigned to the department. It includes safe work practices, safety instructions for food service equipment and hazardous material training. 13. The Cook Foreman documents all training in individual detainee detention files. 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 facility pays detainees $1.00 per day for working in the food service department. 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 meal times are breakfast at 5:00AM, lunch at 11:30 AM and evening meal at 4:00 PM. 16. For cafeteria-style operations, a transparent "sneeze guard" protects both the serving line and salad bar line. 17. The facility has a standard 35-day menu cycle. IGSAs use a 35 day or similar system for rotating meals. The facility utilizes a 42-day cycle menu. This facility is an IGSA. 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 facility contracts with a registered dietitian who conducts a nutritional analysis to ensure the master menu meets Recommended Daily Allowances. 19. The FSA has established procedures to ensure that items on the master-cycle menu are prepared and presented according to approved recipes. The facility utilizes approved recipes for the production of food products. 81 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010636 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 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 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 The food service department maintains acceptable substitution guidelines which staff must adhere to when making menu changes. The facility command staff is notified. 21. All staff and volunteers know and adhere to written "food preparation" procedures. 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 provide 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 facility maintains an approved common fare menu that adheres to the requirements established in this component. 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. The facility Chaplain provides the Food Service Director a listing of detainee authorized religious diets. 24. A supervisor at the command level must approve a detainee’s removal from the Common Fare Program. The facility Chaplain approves the removal of a detainee 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. 82 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010637 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 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. The facility food service program maintains a common fare program to accommodate religious requests. It will support Muslims, Jews and other religious groups if they are housed at the facility. 27. The food service program addresses medical diets. The facility medical department provides a listing of detainees requiring medical diets. 28. Satellite-feeding programs follow guidelines for proper sanitation. The facility utilizes satellite feeding program for the Special Housing Unit. 29. Hot and cold foods are maintained at the prescribed, "safe" temperature(s) as served. See Detention Standard on Food Service for guidance. Food temperatures were visually observed during the site review, they were maintained within prescribed safe range. 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. Detainee workers are trained on cleanliness, hygiene, preparation and maintenance of equipment. The training is recorded and maintained by the Food Service Director. 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. The facility has established procedures for the Food Service Director to make weekly inspections. Monthly inspections are conducted by the Food Service Director, Safety Officer and Health Services Administrator. 35. Reports of discrepancies are forwarded to the Facility Administrator or designated department head and corrective action is scheduled and completed. 83 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010638 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 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. The facility food service staff document dishwashing temperatures after each meal. The documentation is reviewed and maintained by the Food Service Director. 37. (MANDATORY) Staff documents the results of every refrigerator/ freezer temperature check, in accordance with the Detention Standard on Food Service. The facility food service staff document refrigerator/freezer temperatures daily. The documentation is reviewed and maintained by the Food Service Director. 38. The cleaning schedule for each food service area is conspicuously posted. The food service cleaning schedule is posted in the food service department. 39. Procedures include inspecting all incoming food shipments for damage, contamination, and pest infestation. 40. Storage areas are locked when not in use. Storage areas were locked during the site review of the facility food service department. 41. Food service personnel conduct shakedowns along with detention staff. Food service staff conducts visual inspections, security staff conducts physical inspections. 42. In SPCs only: The ICE supervisor on duty ensures that ICE officers participate in dining room supervision. The facility is an IGSA. ICE staff participate in dining room supervision when available. 43. Menus are certified by a registered dietitian prior to being incorporated into the Food Service Program. 44. In SPCs only: the FSA prepares quarterly cost estimates for the Common Fare Program. This quarterly estimate is factored into the quarterly budget. The facility is an IGSA. The Food Service Director does not conduct quarterly cost estimates of the common fare program. 45. When required, only food service staff prepare the sack lunches for detainee transportation. The facility food service department supplies sack lunches when requested by ICE or Transportation. 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. 47. Staff comply with the ICE requirements for "food receipt and storage. 48. Stock inventory levels are monitored and adjusted to correct overage and shortage problems. 84 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010639 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 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 49. Staff comply with all ICE Housekeeping, Storeroom/Refrigerator requirements. Identify and explain any shortcomings. 50. Dining room facilities and operating procedures will provide sufficient space and time for detainees to eat meals in a relatively relaxed, unregimented atmosphere. 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. The State of New Mexico, Environmental Department conducts annual reviews of the food service department. The last review was conducted November 16, 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. Pest control services are provided through a contract service with AAA Pest Control, El Paso, TX. 54. (MANDATORY) The FSA is responsible for pest control in the food service department, including contracting the services of an outside exterminator. FOOD SERVICE Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) The facility food service department is operated by facility staff employed by Management and Training Corporation. It is designed to provide detainees with a nutritionally balanced diet that is prepared and presented in a sanitary and hygienic operation. During the facility site review food service operations were clean and well organized. The provider does a number of detention environments throughout the country; they are familiar with the detention standard and maintain a consistent operation with documentation to support the food service function. Food items appeared nutritionally adequate, presented in a manner to be visually appealing. 02/24/2012 (b)(6), (b)(7)(c) Reviewer’s Signature / Date 85 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010640 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. Written policy and procedure requires a detainee be referred to the medical department when he has refused food or has been observed to not eat for seventy-two hours. 2. Facility immediately reports via the chain of command a hunger strike to ICE/DRO. Written facility policy requires medical staff immediately notify facility administration of a hunger strike. Since ICE staff are located on-site, notification is made to ICE staff by medical staff. 3. The facility has established procedures to ensure staff respond immediately to a hunger strike. Written facility policy and procedure requires staff to immediately respond to a hunger strike. 4. Policy and procedure require that staff isolate a hunger-striking detainee from other detainees. Written policy and procedure requires any detainee determined to be on a hunger strike is housed separately from other detainees. 5. Medical personnel are authorized to place a detainee in the Special Management Unit or a locked hospital room. Written facility policy requires any detainee determined to be on a hunger strike is placed in a singlecell observation room located in the medical unit. 6. Medical staff record the weight and vital signs of a hunger-striking detainee at least once every 24 hours. Written facility policy and medical staff treatment protocols require the recording of weight and vital signs at least once every twenty-four hours for any detainee determined to be on a hunger strike. 7. The facility medical authority obtains a hunger striker’s consent before medical treatment. Written facility policy requires a signed "consent to treatment" be obtained prior to any treatment for a detainee determined to be on a hunger strike. 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. Written facility policy requires a signed "refusal of treatment" is obtained for any detainee who is determined to be on a hunger strike and rejects medical evaluation or treatment. In the event the detainee refuses to sign the refusal form, policy permits two staff sign the form indicating the detainee has refused to sign the refusal form. 86 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010641 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 9. Unless otherwise directed by the medical authority, staff deliver 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. Written facility policy requires staff deliver three meals a day to any detainee determined to be on a hunger strike. 10. Staff maintain the hunger striker’s supply of drinking water/other beverages. Written facility policy requires staff to maintain the supply of drinking water and other beverages for any detainee determined to be on a hunger strike. 11. During a hunger strike, staff remove all food items from the hunger striker’s living area. Any detainee determined to be on a hunger strike is relocated to a single-cell observation room which is free of any food or beverage items. The observation room is located in the medical unit. 12. Staff are directed to record the hunger striker’s fluid intake and food consumption on the Hunger Strike Monitoring Form I-839 or equivalent. Pursuant to written facility policy, staff record the fluid intake and food consumption of any detainee determined to be on a hunger strike on an intake and output flow sheet similar to the I-839 form. 13. The medical staff have written procedures for treating hunger strikers. The facility medical director develops a detainee specific treatment plan for any detainee determined to be on a hunger strike. 14. Staff document all treatment attempts in the medical record, including attempts to persuade the hunger striker by counseling him or her of the medical risks. Written facility policy requires staff documents all treatment attempts in the medical record including attempts to persuade the detainee to eat by counseling him of the medical risks of a continued hunger strike. 15. All staff receive orientation and annual training on recognizing the signs of a hunger striker and on the procedures for referral for medical assessment. Medical staff receive training in hunger-strike evaluation and treatment and remain up-to-date on these techniques. Written facility policy requires all staff receive pre-service orientation and annual refresher training on recognizing the signs of a hunger strike and on the procedures for referral for medical assessment. Additionally, medical staff receive initial on-the-job orientation and annual refresher training. A random review of employee training files indicated up-to-date training. PART 4 – 21. HUNGER STRIKES 87 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010642 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 above rating was determined following a review of policy and procedure, staff training files, a tour of the medical unit observation cells and interviews with the Health Services Administrator and Director of Nursing. A detainee either declaring a hunger strike or who has been observed not to have eaten for seventy-two hours is removed from his cell and placed in a medical unit observation room which is free of food and beverage items. The detainee will remain in observation until the hunger strike is terminated. While in observation, all food/beverages offered and/or consumed will be closely monitored and documented by medical staff. Additionally, medical staff will record the detainee's weight and vital signs at least every twenty-four hours. The Health Services Administrator reported there were two hunger strikes during the past year as follows. Detainee #1, a forty-nine year old, Black male, entered the facility November 17, 2011. At the time of the medical/mental health intake screening, no issues were identified. On November 20, 2011, medical staff invoked a hunger strike due to reports the detainee had not eaten since his arrival seventy-two hours earlier. An interview with the detainee indicated he was on a hunger strike as a way to protest his deportation. Due to medical concerns, the detainee was transported to the local community hospital on November 23, 2011, where he remained until November 28, 2011. While at the hospital, the detainee consented to receiving intravenous and oral fluids but continued to refuse to eat. The detainee was transferred, November 28, 2011, to the El Paso, TX, Processing Center. At the time of transfer, he remained on a hunger strike. Detainee #2, a forty-one year old, White eastern European male, entered the facility August 30, 2011. At the time of the medical/mental health intake screening, no issues were identified. The detainee started his hunger strike on January 22, 2012, due to a claim that the U.S. Marshals had lost his partial denture, and he could not eat. The detainee self-terminated the hunger strike and began eating on January 23, 2012. He was transferred out of the facility February 8, 2012. 02/24/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 88 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010643 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 1. The facility operates a health care facility in compliance with state and local laws and guidelines. Medical services are provided through a comprehensive contract with Correctional Healthcare Companies. The facility is currently accredited by the American Correctional Association (ACA). All professional medical staff is licensed by the State. The physician has a current Drug Enforcement Agency (DEA) controlled substance registration certificate. There is a current pharmacy license and Clinical Laboratory Improvement Amendment (CLIA) waiver certificate authorizing limited onsite laboratory testing. 2. The facility’s in-processing procedures of arriving detainees include medical screening. Licensed nursing staff conducts the intake medical/mental health screening. 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. 4. (MANDATORY) Newly admitted detainees will be informed, orally and in writing (in a language they can understand), about how to access health services. There is a master staffing plan signed by the facility medical director and Health Services Administrator dated February 2012. Information on how to access health care services is provided in the detainee handbook, during facility orientation and through postings in each dormitory. All the information provided in the above methods is available in both English and Spanish. 89 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010644 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 5. Detainees will have access to and receive specified 24-hour emergency medical, dental, and mental health services. Medical staff is on-site twenty-four hours a day, seven days a week. Sick call is conducted seven days a week. The physician is on-site twenty-four hours a week and oncall twenty-four hours a day, seven days a week. The physician's assistant is on-site forty hours a week and on-call twenty-four hours a day, seven days a week. The contractual psychiatrist is on-site four hours a month and on-call twenty-four hours a day, seven days a week. The contractual psychologist is on-site two hours a week. There ar(b)(7)(e)full-time mental health professionals. A dentist is on-site twenty hours a week and on-call twenty-four hours a day, seven days a week. 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. Written facility policy requires all new direct care medical staff receive a Tuberculosis (TB) skin test prior to job assignment and annually, and all medical staff are offered the hepatitis B vaccine series. A review of medical unit staff employee files confirmed all were up-to-date with TB screening and all had been offered the hepatitis B vaccine series. 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. All professional medical staff is licensed by the State. A random review of medical staff credentials confirmed all licenses were up-todate, and there was a signed and dated job description in each file. 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). At the time of intake, each detainee is provided a handbook, written in both English and Spanish, which describes the procedures for accessing health care services. 90 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010645 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 9. In SPCs and CDFs, medical personnel credentialing and verification complies with the standards established by the NCCHC and Joint Commission. 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. 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 This is an IGSA facility. The medical personnel credentialing and verification process complies with the standards established by the National Commission on Correctional Health Care. A review of detainee medical records confirmed all had received within twelve hours of arrival at the facility a medical, dental and mental health screening which was conducted by licensed medical staff. 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. Through an arrangement with ICE, the facility utilizes a telephone service which provides translation services for any language. An interview with the Health Services Administrator confirmed the service has been utilized and is effective. 12. The facility has sufficient space and equipment to afford each detainee privacy when receiving health care. The medical unit has four well equipped examination rooms with sufficient space to afford each detainee privacy when receiving health care. 13. The medical facility has its own restricted-access area. The restricted access area is located within the confines of the secure perimeter. The medical unit is a restricted access area located well within the confines of the facility secure perimeter. 14. The medical facility holding/waiting room. The medical unit has two dedicated holding/waiting rooms. entrance includes a 15. The medical facility’s holding/waiting room under the direct supervision of custodial staff. Detainees in the medical unit holding/waiting rooms are under the direct supervision of security staff. 16. Detainees in the holding/waiting room have access to a toilet and a drinking fountain. There are toilet facilities and a drinking fountain located in each holding/waiting room. 91 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010646 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 Medical records are kept apart from confinement files. A tour of the medical unit confirmed medical records are located in a locked medical records room with physical access restricted to medical staff. An interview with the medical records clerk confirmed no copies are made and placed in detainee files. 18. (MANDATORY) A signed and dated consent form is obtained from a detainee before medical treatment is administered. Written facility policy requires a "consent to treatment" form is obtained from each detainee as a part of the intake process. A review of detainee medical files confirmed the consent to treatment form was obtained at intake. 19. Detainees use the I-813 (or IGSA equivalent) to authorize the release of confidential medical records to outside sources. The facility utilizes a form equivalent to the I-813 to authorize the release of confidential medical records to outside sources. 20. The facility health care provider is given advance notice prior to the release, transfer, or removal of a detainee. An interview with the medical records clerk confirmed the facility is given advance notice prior to the release, transfer or removal of a detainee. 21. A detainee's medical records will be transferred as appropriate. All detainees will be transferred with a copy of their transfer summary. Detainee specific transfer summaries are completed for each detainee transferring out of 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.” Written facility policy requires medical records are placed in a sealed envelope or other container labeled with the detainee's name and A-number and marked "Medical Confidential". An interview with the medical records clerk confirmed practice is consistent with policy. 23. Medical screening includes a Tuberculosis (TB) test. Tuberculosis screening by chest xray is conducted for every detainee at the time of intake. 92 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010647 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. 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 Written facility policy requires a mental health screening be conducted on each detainee at the time of intake and prior to housing assignment. A review of detainee medical records indicated nursing staff conduct the screening at the time of intake, and it is completed prior to detainee housing assignment. 25. The facility health care provider promptly reviews all I794s (or equivalent) to identify detainees needing medical attention. Medical unit licensed nursing staff conduct the intake medical/mental health screening and are immediately aware of any detainee in need of immediate medical or mental health treatment. 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. Written facility policy requires each detainee receive a health appraisal and comprehensive physical examination within fourteen days of arrival at the facility. Facility practice is to conduct the health appraisal and physical examination at the time of intake. A registered nurse, trained by the facility medical director, conducts the physical examination with review and sign-off by the facility medical director. A review of registered nursing staff employee files indicated training by the physician had been conducted and was up-todate. Additionally, a random review of detainee medical files confirmed the health appraisal and physical examination had been conducted on the date of intake. 27. Detainees in the Special Management Unit have access to the same level of health care as detainees in the general population. Detainees in the Special Management Unit (SMU) can at any time request, complete and submit a sick call request. Requests are collected daily by medical staff. Detainees with emergent requests are evaluated the same day, with all others no later than the next day. Additionally, nursing staff conduct daily "wellness checks" on each detainee housed in the SMU. 93 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010648 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 28. Staff provide 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 Sick call request slips are available upon request by a detainee at any time. Once completed, the detainee deposits his request directly into a "medical" drop-box located in each dormitory. Medical staff collects the requests each day at 7 AM. Once collected, licensed medical staff triage and schedule detainees for sick call. Detainees determined to have emergent needs are evaluated the same day, and detainees with non-emergent needs are evaluated no later than the next day of request slip collection. Request slips are printed in both English and Spanish. 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. The facility has a written plan for the delivery of twenty-four hour emergency health care when immediate outside medical attention is required. Medical staff is on-duty twenty-four hours a day, seven days a week. 30. The plan includes an on-call provider. The plan includes an on-call provider which is both the facility medical director and the physician's assistant. 31. The plan includes a list of telephone numbers for local ambulances and hospital services. The plan includes that the telephone number for the primary community hospital is posted in central control and the medical unit. County "911" services are utilized to obtain an ambulance. 32. The plan includes procedures for facility staff to utilize this emergency health care consistent with security and safety. The written facility plan includes the requirement for facility staff to utilize emergency health care consistent with the security and safety concerns of the facility. 94 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010649 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 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. Facility security and medical staff are trained in cardio pulmonary resuscitation, first aid and automatic external defibrillator operation. A random review of employee training files confirmed up-to-date training. Written facility policy requires emergency response within four minutes. First aid kits are available in designated areas of the facility. A review of "man down" drills confirmed a response well within the four minute required timeframe. 34. Where staff are used to distribute medication, a health care provider properly trains these officers. Only licensed nursing staff administer or distribute medication. 35. Pharmaceuticals and nonprescription medicines will be stored, inventoried, dispensed, and administered in accordance with sound standards and facility needs for safety and security. Detailed written facility policy details the safe and secure storage, inventorying, dispensing and administration of pharmaceuticals and nonprescription medication. 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. A detailed written facility policy and procedure includes all of the bulleted requirements of the component. • 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. 95 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010650 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. 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 The pharmacy and medication storage area was inspected. It is located in the medical unit that is well within the confines of the facility secure perimeter, with solid floor to ceiling walls, a solid ceiling and a solid core entrance door with a high security lock with access restricted to medical staff. The pharmacy has a locking passthrough window. Written facility policy includes each of the bulleted requirements of the component. The pharmacy is licensed by the State, and the facility medical director has a current Drug Enforcement Act (DEA) controlled substance registration. The pharmacy is inspected and the operation reviewed quarterly by a licensed pharmacist. Only licensed nursing staff administer or distribute medication pursuant to written physician or physician's assistant orders. The administration and distribution of medication by licensed nursing staff is in accordance with written orders by the facility physician or physician's assistant. A detainee specific medication administration record (MAR) is utilized to document each dose of medication administered or refused. 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 are not on duty. Licensed medical staff is on-site twenty-four hours a day, seven days a week. Only licensed medical staff administer or distribute medication. 96 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010651 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 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. 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 Only licensed medical staff administer or distribute medication. 42. The Warden/Facility receives notification that a detainee that has special medical needs. Medical administration provides facility administration notification by facility e-mail of any detainee with special medical needs. Additionally, facility and medical administration meet weekly to discuss detainee special medical/mental health needs. 43. Procedures are in place, consistent with the detention standard, for examinations by independent medical service providers and experts. Written facility policy states the facility will refer to ICE for handling and disposition any detainee requests for examinations by independent medical service providers and experts. 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; The facility has a detailed written policy which includes all of the bulleted requirements of the component. • 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. Written facility policy states detainees diagnosed with a communicable disease will be isolated and treated according to the recommendations of the Centers for Disease Control and Prevention (CDC). 97 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010652 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. Written facility policy requires all newly arriving detainees receive a chest x-ray for the purposes of tuberculosis (TB) screening. A random review of detainee medical records confirmed the chest x-ray had been conducted at the time of intake. 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. Written facility policy requires detainees with symptoms suggestive of TB are placed in a negative pressure isolation room and promptly evaluated for active TB. The facility medical unit has six negative pressure isolation rooms. 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. Written facility policy details when a detainee requires treatment only available outside the facility, medical staff will determine the required mode of transportation and provide the appropriate medical information. 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. Written facility policy details that detainees who require close, chronic or convalescent care will be included in the appropriate chronic care clinic with an individualized treatment plan developed and implemented and evaluated no less than quarterly. 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. Female detainees are not housed at this facility. 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 Written facility policy requires detainees with chronic conditions be included in a chronic care clinic where they will be evaluated at least quarterly and receive treatment that includes monitoring of medications and laboratory testing. 98 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010653 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. Medical administration notifies facility administration in writing by facility e-mail of any detainee with special medical/mental health needs. Additionally, facility and medical administration meet weekly to discuss detainees whose special medical or mental health needs require special consideration in housing, transfer or transportation. 53. Detainees will have access to emergency and specified routine dental care provided under direction and supervision of a licensed dentist. Medical staff is on-duty twenty-four hours a day, seven days a week to provide emergency treatment. A contractual dentist is on-site twentyhours a week and on-call twentyfour hours a day, seven days a week. 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. Written facility policy requires detainees with mental health problems are referred to a mental health provider for detection, diagnosis, treatment and stabilization to prevent psychiatric deterioration. On staff are(b)(7)efulltime mental health professionals, a two-hour per week contractual psychologist and a four-hour per month contractual psychiatrist who is also on-call twenty-four hours a day, seven days a week. 55. Crisis intervention services are available for detainees who experience acute mental health episodes. Crisis intervention services are available and managed by the two full-time mental health professionals. 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. Medical and mental health interviews, examinations and procedures are conducted in the medical unit in examination rooms which provide privacy. No females are housed in the facility. 99 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010654 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 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. 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 • After-incident review. 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 Written facility policy requires any detainee referred for mental health treatment receives a comprehensive evaluation by a licensed mental health provider within fourteen days of the referral. An interview with one of the mental health professionals, and a review of detainee medical records that are on the mental health case load confirmed practice is consistent with policy. Written facility policy addresses each of the bulleted requirements of the component. An interview with the Health Services Administrator indicated there has been no use of restraints for medical or mental health purposes during the past year. Additionally, the Health Services Administrator reported the Officer in Charge (OIC) has determined restraints will not be utilized in the facility. • 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 • Prepare treatment plans for less restrictive alternatives as soon as possible. Written facility policy addresses each of the bulleted requirements of the component. An interview with the Health Services Administrator confirmed there has been no involuntary administration of psychotropic medication during the past year. Additionally, the Health Services Administrator reported the OIC has determined involuntary administration of psychotropic medication will not be utilized in the facility. 100 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010655 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 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. The initial dental screening exam is conducted at the time of intake by the RN conducting the medical/mental health screening. A review of RN employee files indicated all have been trained by the contractual dentist in performing a dental screening. A random review of detainee medical files confirmed the dental screening had been conducted at the time of intake. 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. Written facility policy specifies the number, contents, locations and use protocols and procedures for the monthly inspections of first aid kits. A random review of monthly inspection sheets confirmed practice is consistent with policy. 62. An automatic external defibrillator should be available for use at the facility. There is one automatic external defibrillator located in the medical unit. Medical staff is responsible for maintaining the unit in operational condition. 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. Written facility policy requires the facility consult with ICE/ERO in determining whether forced treatment will be administered if a detainee refuses treatment. In emergency circumstances, ICE/ERO will be notified as soon as possible. 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 is an IGSA facility. The facility has established a multidisciplinary Quality Improvement Committee, which includes at a minimum the facility administrator and health services administrator, which meets at least quarterly. A review of meeting minutes confirmed the presence of the facility administrator and health services administrator, and the meetings occurred at least quarterly. 101 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010656 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. Written facility policy requires biohazardous waste is managed in compliance with local, state and federal regulations, and medical and dental equipment decontaminated in accordance with sound medical standards. The facility has a contract with SteriCycle for disposal of bio-hazardous waste. Medical and dental equipment is decontaminated and sterilized pursuant to Centers on Disease Control and Prevention (CDC) recommendations. 66. (MANDATORY) The health authority will implement a system of internal review and quality assurance. Written facility policy requires a multi-disciplinary Quality Improvement Committee be established and meet at least quarterly. A review of meeting minutes confirmed practice consistent with policy. 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 above rating was determined following a review of policy and procedure, staff training files and training curriculum, detainee medical files, Quality Improvement Committee meeting minutes, medical staff credentials and licenses; a tour of the medical unit, Special Housing Unit and dormitory living units; random inventory checks of controlled medication, syringes and needles and dental tools; and staff interviews. The facility is accredited by the American Correctional Association. Medical services are provided through a comprehensive health care contract with Correctional Healthcare Companies located in Denver, CO. The medical unit is a large, clean, organized and well-lighted area with sufficient space and equipment to meet the medical needs of the detainee population while providing privacy during examinations and procedures. There are ten observation cells which are utilized for medical, mental health and hunger strike observation. Additionally, six of the ten cells are "negative air pressure" constructed. The medical unit has two holding/waiting rooms, and security staff provide direct supervision of any detainees in the holding/waiting rooms. Toilet facilities and drinking water are available in both rooms. Professional medical staff is licensed by the State. A review of licensure indicated all were up-to-date. Job descriptions are onfile for each position. An approved staffing plan is on-file in the Health Services Administrator's office. Licensed medical staff is on-duty twenty-four hours a day, seven days a week. Sick call is conducted seven days a week. Sick call request slips are available to detainees at any time and are printed in both English and Spanish. Licensed medical staff administers all medication. There is a medical director on-site twenty-four hours a week, and a physician's assistant on-site forty hours a week. Both are oncall twenty-four hours a day, seven days a week. A dentist and dental assistant are on-site twenty hours a week. There are(b)(7)(e) full-time mental health professionals on-site forty hours a week and on-call twenty-four hours a day, seven days a week. A 102 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010657 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 psychiatrist provides four hours a month on-site, as well as, being on-call twenty-four hours a day, seven days a week. There is a licensed psychologist on-site two hours a week. Nursing staff conduct daily "wellness checks" on every detainee housed in the Special Housing Unit (SHU). Licensed medical staff conducts the medical/mental health intake screening. Additionally, at the time of intake, detainees are additionally screened for "high risk" sexual assaultive and sexual victimization potential, provided a chest x-ray for tuberculosis screening and the health appraisal/physical examination is conducted. A random review of ICE detainee medical records confirmed all intake requirements were met within the appropriate timeframes. The medication preparation/storage area, located within the medical unit is well within the confines of the facility secure perimeter with access restricted to medical staff. The room is constructed with solid walls from floor to ceiling and a solid ceiling. There is a solid core entrance door with a high security lock. 02/24/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 103 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010658 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 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. 2. All new detainees are issued clean, temperatureappropriate, presentable clothing during in-processing. Detainees receive, at a minimum: • 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. 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 Written facility policy and procedure provides for the regular issuance and exchange of clothing, bedding, linens, towels and personal hygiene items. All new detainees are issued three pair of pants, three shirts, four pairs of socks, four pair of underwear, one pair of tennis shoes and one pair of shower shoes. Written policy and procedure provides for additional seasonally appropriate clothing for changing weather conditions. 4. New detainees are issued clean bedding, linens and towels, at a minimum: • One mattress • One blanket • Two sheets • One pillow • One pillowcase • One towel • Additional blankets, based on local weather conditions. Written facility policy and an interview with the clothing room officer indicated issuance of clean bedding, linens and towels as required by the component. 5. The facility provides and replenishes personal hygiene items as needed. Gender-specific items are available. ICE detainees are not charged for these items. Written facility policy addresses providing and replenishing personal hygiene items as needed. ICE detainees are not charged for these items. Only male detainees are housed at this facility. 104 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010659 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. Remarks 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. 9. Detainees are provided clean clothing, linen and towels. • Socks and undergarments - daily. • Outer garments - twice weekly. • Sheets - weekly. • Towels - weekly. • Pillowcases - weekly. A tour of dormitories indicated clean toilet facilities which can be accessed without staff assistance twenty-four hours a day. Dormitories house fifty detainees, and there are five toilets per dormitory providing a ratio of one for every ten detainees. A tour of dormitories indicated clean bathing facilities. Dormitories house fifty detainees, and there are five washbasins and five showers per dormitory providing a ratio of one for every ten detainees. A measurement of water temperatures indicated temperatures within the appropriate range. One dormitory in each of the facility's three classification levels is designated and designed to house detainees with disabilities which provide for support and the assistance needed for self-care and personal hygiene. Written facility policy and an interview with the clothing officer indicated detainees are provided clean clothing, linen and towels with laundering and exchanges as required by the component. 10. Food service detainee volunteer workers are permitted to exchange outer garments daily. Written facility policy and a review of practice indicated food service detainee volunteer workers are permitted to exchange outer garments daily. 11. Volunteer detainee workers are permitted exchanges of outer garments more frequently. Written facility policy permits volunteer detainee workers to exchange outer garments as needed. to PART 4 – 23. PERSONAL HYGIENE 105 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010660 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 above rating was determined following a review of policy and procedure and the detainee handbook; a tour of the clothing room and dormitory units; and an interview with the clothing room officer. Written facility policy/procedure and practice ensure 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. 02/24/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 106 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010661 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 1. The facility has a written suicide prevention and intervention program approved and signed by the health authority and Facility Administrator and reviewed annually. 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 The facility has a detailed written suicide prevention and intervention program which is included as a part of the medical unit policy and procedure manual. The manual has a cover signature page which has been signed by the facility medical director, Health Services Administrator and OIC dated February 2012. 2. At a minimum, the Program shall include procedures to address: • Intake screening and referral requirements; • 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.; The written facility policy addresses each of the requirements of the component. 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. Written facility policy requires every new staff member receives suicide prevention training during new-employee pre-service training and annually. A random review of employee training files indicated up-to-date training. 107 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010662 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. A review of the suicide prevention training curriculum indicated it addresses each of the requirements of the component. Written facility policy requires only licensed medical staff conducts the intake medical/mental health intake screening. The screening occurs as a part of the intake process. 6. Written procedures contain when and how to refer atrisk detainees to medical staff and procedures are followed. The written suicide prevention policy and procedure/plan details when and how to refer at-risk detainees to medical staff. Interviews with two security staff members indicated they had received training and were knowledgeable on the subject. 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. The written facility plan includes the procedure for returning a previously suicidal detainee to the general population. Such authorization can only be provided by the facility medical director or contractual psychiatrist. 8. The facility has a designated isolation room for evaluation and treatment. The facility has a designated room, which is located in the medical unit, for observation, evaluation and treatment. 108 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010663 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 9. The designated isolation room does not contain any structures or smaller items that could be used in a suicide attempt. Inspection of the room indicated there are no structures or smaller items that could be used in a suicide attempt. Additionally, security staff provides direct one-on-one observation any time a detainee is placed in the observation room. 10. Medical staff have approved the room for this purpose. The room is located in the medical unit, and verbal approval was given by the facility medical director and contractual psychiatrist. 11. Staff observe and document the status of a suicidewatch detainee at least once every 15 minutes/constant observation. Written facility policy requires direct one-on-one observation with fifteen minute documentation for any detainee on suicide watch status. At the time of the inspection, there were no completed forms to review. 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. 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 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. Medical staff is on-duty twenty-four hours a day, seven days a week. Security staff provides one-on-one direct observation and provides documentation at least every fifteen minutes. Medical staff is on-duty twenty-four hours a day, seven days a week. ICE staff are on site and are notified by medical staff. Written facility policy requires a mortality review be conducted for every completed suicide and presented during the quarterly multi-disciplinary Quality Improvement Committee meeting. A detailed description of serious suicide attempts is also presented during the quarterly meeting. PART 4 – 24. SUICIDE PREVENTION AND INTERVENTION 109 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010664 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 above rating was determined following a review of policy and procedure, staff training files and training curriculum; an inspection of the suicide observation cells/rooms located in the medical unit; and a random review of detainee medical files. All staff are trained in suicide prevention and intervention during new-employee orientation and annually. The Health Services Administrator reported there were no suicide attempts or suicides during the past year. As a result, at the time of the inspection there were no "suicide observation/watch" forms to review. / 02/24/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 110 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010665 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. Written facility policy and interviews with the Health Services Administrator, Assistant Health Services Administrator and Director of Nursing confirmed detainees identified as being chronically or terminally ill would be transferred to an appropriate off-site medical facility. The transfer would be coordinated between the facility and ICE. 2. The facility or appropriate ICE office promptly notifies the next-of-kin of the detainee’s: medical condition. Written facility policy states the facility will promptly notify ICE who will be responsible for notifying the next-of-kin. • 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. Written facility policy provides the guidelines for addressing Advanced Directives and Living Wills including 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” Written facility policy addresses "Do Not Resuscitate" orders. 5. Detainees with a "Do Not Resuscitate" order in the medical record receive maximal therapeutic efforts short of resuscitation. Written facility policy addresses detainees with a "Do Not Resuscitate" order in the medical record will receive maximal therapeutic efforts short of resuscitation. 111 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010666 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 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 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. Written facility policy states the facility will notify ICE/ERO 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. An interview with the Health Services Administrator indicated notification would be made to the local ICE representative. 7. The facility has written procedures to address the issues of organ donation by detainees. Written facility policy addresses the issue of organ donation by detainees. 8. The facility has written procedures to notify ICE officials, deceased family members and consulates, when a detainee dies while in custody. Written facility policy details the facility will be responsible for notifying ICE officials who will be responsible for notification to family members and consulates of any detainee who dies while in custody. 9. The facility has a policy and procedure to address the death of a detainee while in transport. The facility has a written policy and procedure addressing the death of a detainee while in transport. 10. At all ICE locations the detainee’s remains disposed of in accordance with the provisions detailed in this standard. An interview with the local on-site ICE staff confirmed a detainee's remains would be disposed in accordance with the provisions of the standard and state and local laws. 11. In the event that neither family nor consulate claims the remains, the Field Office schedules an indigent’s burial, consistent with local procedures. An interview with local on-site ICE staff confirmed an indigent burial would be arranged for any deceased detainee whose family or the consulate will not claim the body. • If the detainee is a U.S. military veteran, the Department of Veterans Affairs notified. 12. An original or certified copy of a detainee’s death certificate is placed in the subject's A-File. A-files are maintained at the facility, and a detainee's death certificate, when received, would be included in the A-file. 112 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010667 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 13. The facility follows established policy and procedures describing when to contact the local coroner regarding such issues as; • Performance of an autopsy. • Person(s) to perform the autopsy. • Obtaining State approved death certificates. • Local transportation of the body. 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 Written facility policy and an interview with facility ICE staff confirmed the requirements of the component would be followed for any detainee death. 14. ICE staff follow established procedures to properly close the case of a deceased detainee. An interview with on-site facility ICE staff confirmed established procedures to properly close the case of a deceased detainee would be followed. 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.) The above rating was determined following a review of policy and procedure and facility and ICE staff interviews. The facility does not accept detainees who are severely or terminally ill. At the time of the inspection, there were no active Advanced Directives/Living Wills, Do Not Resuscitate orders or organ donation requests. During the past year, there were no reported deaths. 02/24/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 113 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010668 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 114 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010669 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 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. 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 rules for correspondence and other mail are posted in each housing area. This information is also in the facility handbook which is issued to each detainee during the admission process. 2. The facility provides key information in English, Spanish, and other languages spoken by a significant number of detainees. Key information is provided in English and Spanish. 3. Incoming mail is distributed to detainees within 24 hours or 1 business day after it is received and inspected. Incoming mail is distributed to detainees the same day that it is received at the facility. 4. Outgoing mail is delivered to the postal service within one business day of its entering the internal mail system (excluding weekends and holidays). Outgoing mail is delivered to the postal service between 12:00 PM and 1:00 PM Monday through Friday. 5. Staff maintain a logbook-recording acceptance of priority, priority overnight, and certified mail delivered to the facility for a detainee. The mailroom staff record the acceptance of priority, overnight and certified mail delivered to the facility. The logs were found to be complete and up to date. 6. Staff do 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. All incoming general correspondence is opened and checked for contraband prior to being delivered to the detainee per facility policy. 7. Staff do not read incoming general correspondence without the Facility Administrator’s prior approval. 8. Staff do not inspect incoming Special Correspondence for physical contraband or to verify the “special” status of enclosures without the detainee present. All Special Correspondence is opened in the presence of the detainee. 9. Staff are prohibited from reading or copying incoming and outgoing Special Correspondence without the detainee present. 10. Staff are 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. Staff does not inspect outgoing correspondence unless there is reason to believe the item might present a threat to the facility or contain contraband. 11. Correspondence to a politician or to the media is processed as Special Correspondence and is not read or copied. 115 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010670 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 12. The official authorizing the rejection of incoming mail sends written notice to the sender and the addressee. 13. The official authorizing censorship or rejection of outgoing mail provides the detainee with signed written notice. 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 Written notice is sent to the sender and the addressee when incoming mail is rejected. A copy of the written notice is maintained in the mailroom. 14. Staff maintain a written record of every item removed from detainee mail. This inspector reviewed the records which are maintained in the mailroom. The logs reviewed were up to date. 15. The Facility Administrator or designee monitors staff handling of discovered contraband and its disposition. Records are accurate and up to date. The Chief of Security (Captain) monitors staff handling of discovered contraband and its disposition. The records reviewed were up to date. 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. Any cash removed from a detainee is credited to the detainee's account and a receipt is issued to the detainee. A copy of the receipt is also sent to the finance office for verification. 17. Original identity documents (for example, passports, and birth certificates) are immediately removed and forwarded to ICE staff for placement in the A-files. Original identity documents are forwarded to ICE and a notice is sent to the detainee. 18. Staff provide the detainee a copy of his or her identity document(s) upon request. 19. Staff dispose of prohibited items found in detainee mail in accordance with the Detention Standard on “Contraband”. Prohibited items are returned to sender or placed in the detainee's property. 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. 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. Stamps may be purchased through the commissary. Writing paper, envelopes and pencils are available in the housing units. 23. SMU detainees have the same correspondence privileges as general population. 116 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010671 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 A detainee may receive books directly from a bookstore with prior approval from the Warden. Magazines and newspapers are available in the library. 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.) The rules for correspondence and other mail are posted in the housing units and are in the facility handbook. This information is provided in English and Spanish. All general correspondence is opened and checked for contraband prior to being delivered to the detainee per facility policy. Any item removed from the mail is documented in a logbook. Original identity documents are forwarded to ICE and a notice is sent to the detainee. When correspondence is rejected a notice is sent to the sender and the addressee. Detainees may receive books if they are sent from a bookstore and prior approval has been granted by the Warden. Magazines and newspapers are provided in the facility library. This inspector observed the processing of incoming correspondence, interviewed the mailroom clerks, and reviewed the logs. 02/24/2012 (b)(6), (b)(7)(c) Reviewer’s Signature / Date 117 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010672 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 leas(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. 118 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010673 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.) The Director of Security stated that all ICE non-medical emergency trips are handled only by ICE. (b)(6), (b)(7)(c) 02/24/2012 Reviewer’s Signature / Date 119 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010674 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. 1. The Field Office Director or Facility Administrator considers detainee marriage requests on a case-bycase basis. Remarks The facility forwards all marriage requests to the ICE Field Office for review and approval. 2. The Field Office Director reviews every marriage request rejected by a Facility Administrator or IGSA. Rejections are documented. 3. It is standard practice to require a written request for permission to marry. The facility requires written permission for a detainee to marry. 4. The written request includes a signed statement or comparable documentation from the intended spouse, confirming marital intent. The written requests include documentation from the intended spouse. 5. The Facility Administrator provides a written copy of his or her decision to the detainee and his or her legal representative. The facility forwards all marriage requests to the ICE Field Office for review and disposition. 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. The facility forwards all marriage requests to the ICE Field Office for review and disposition. 7. The Facility Administrator provides the detainee with a place and time to make wedding arrangements. The facility will assist ICE detainees with wedding arrangements when approved by the ICE Field Office. 8. The detainee handbook explains the marriage request process. The ICE National Detainee Handbook and local supplement explain the marriage request process. 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 is an IGSA facility. The local ICE Field Office authorizes detainees to marry. 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 has created a procedure to ensure marriage requests from ICE detainees are provided to the ICE Field Office for review and approval. Facility staff makes arrangements for detainees when requests are approved by the ICE Field Office. (b)(6), (b)(7)(c) / 02/24/2012 Reviewer’s Signature / Date 120 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010675 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 1. The Facility provides: • An indoor recreation program. • An outdoor recreation program. 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 The facility has established recreation and leisure programs for detainees. They include both indoor and outdoor activities. 2. A recreational specialist (for facilities with more than 350 detainees) tailors the program activities and offerings to the detainee population. The facility maintains a full time recreation specialist to coordinate detainee activities. 3. Regular maintenance keeps recreational facilities and equipment in good condition. 4. The recreational specialist or trained equivalent supervises detainee recreation workers. The recreation specialist trains and supervises the detainee 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. Board games, playing cards and televisions are available in the facility dayrooms. 7. Outside activities are restricted to limited-contact sports. Outdoor activities include soccer, basketball and handball. 8. Each detainee has the opportunity to participate in daily recreation. 9. Detainees have access to recreation activities outside the housing units for at least one hour daily. The facility offers expanded recreation times periodically. 10. Staff check all items for damage and condition when equipment is returned. 11. Staff conduct searches of recreation areas before and after use. 12. Recreation areas are under constant staff supervision. Facility staff supervises detainees during recreation times. 13. Supervising staff are equipped with radios. The facility issues radios to staff members supervising recreation. 14. The facility provides detainees in the SMU at least one hour of outdoor recreation time daily, five times per week. 15. Detainees in disciplinary/administrative segregation receive a written explanation when a panel revokes his or her recreation privileges. The facility explains in writing to detainees if recreation privileges are limited. 16. Special programs or religious activities are available to detainees. 121 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010676 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 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 17. All volunteers have completed an orientation program with documentation required before entering a secure portion of the facility where detainees are present. The facility requires volunteers to submit a formal application and background check. When approved they are required to attend a facility orientation program prior to entering the facility. 18. Visitors, relatives or friends of detainees are not allowed to serve as volunteers. The facility does not allow friends, relatives or visitors to serve as volunteers. 19. If the facility has no outside recreation, are detainees considered for transfer after six months? The facility offers outdoor recreation to the detainee population. 20. If yes, written procedures ensure timely review of all eligible detainees. The facility offers outdoor recreation to the detainee population. 21. Case officers make written transfer recommendations about every six-month detainee to the Facility Administrator. The facility offers outdoor recreation to the detainee population. 22. The Facility Administrator documents all detaineetransfer decisions, whether yes or no. The facility offers outdoor recreation to the detainee population. 23. The detainee’s written decision for or against an offered transfer documented in his or her A-file. The facility offers outdoor recreation to the detainee population. 24. Staff notify the detainee’s legal representative of his or her decision to accept/decline a transfer. The facility offers outdoor recreation to the detainee population. 25. If no recreation is available, the ICE Field Office routinely review transfer eligibility for all detainees after 60 days. The facility offers outdoor recreation to the detainee population. 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. The facility offers outdoor recreation to the detainee population. 27. The detainee’s legal representative is notified of the detainee’s/Facility Administrator’s decision. The facility offers outdoor recreation to the detainee population. PART 5 - 29. RECREATION Meets Standard Does Not Meet Standard N/A Remarks: (Record significant facts, observations, other sources used, etc.) Repeat Finding 122 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010677 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 The facility has a recreation program established to ensure detainees have access to recreational and exercise programs keeping detainee safety and orderly facility operations in mind. Both indoor and outdoor recreation is offered depending on weather conditions. Sedentary activities available in the dayrooms include games and televisions. 02/24/2012 (b)(6), (b)(7)(c) Reviewer’s Signature / Date 123 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010678 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. 2. Space is available for detainees to participate in religious services. The facility maintains adequate space for conducting religious programming. 3. The facility allows detainees to observe the major “holy days” of their religious faith. The facility allows detainees to observe all major holy days. It does not list any exceptions. • List any exceptions. 4. The facility accommodates recognized holy-day observances by: Religious services are provided to the detainee population in both English and Spanish. The facility accommodates special meals, fasting and activity restrictions when requested by the detainee and approved by the Chaplain. • 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. The facility allows the use of religious items in the detainee housing area and chapel. 6. Volunteer’s credentials are checked and verified before allowing participation in detainee programs. The facility requires volunteers to submit a formal application and background check. When approved they are required to attend a facility orientation program prior to entering the facility. 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. The facility Chaplain conducts cell visits for detainees in the SMU. RELIGIOUS PRACTICES Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) The facility maintains a religious program designed to create reasonable and equitable opportunities for detainees to participate in the practices of their respective faiths. The facility maintains a full time staff Chaplain and a number of religious volunteers to offer spiritual programming to the detainee population. The facility attempts to make reasonable accommodations while considering safety and security concerns. 124 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010679 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 (b)(6), (b)(7)(c) 02/24/2012 Reviewer’s Signature / Date 125 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010680 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 have access to telephones in the housing units from 8:00 AM to 10:00 PM. 2. Upon admittance, detainees are made aware of the facility's telephone access policy. The telephone access policy is explained in the facility handbook and is addressed in the orientation video. Detainees receive their pin number during the admission process. 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. This information was noted 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. Key information is provided in English and Spanish. 6. Telephones are provided at a minimum ratio of one telephone per 25 detainees in the facility population. There are four telephones in each housing unit providing a ratio of 1 telephone per 13 detainees. 7. Telephones are inspected daily by facility staff to ensure that they are in good working order. Facility staff inspect the telephones daily. 8. Telephones are located a reasonable distance from televisions. 9. The facility administration promptly reports out-oforder telephones to the facility’s telephone service provider. 10. The facility administration monitors repair progress and takes appropriate measures to ensure that the required repairs are begun and completed timely. Out of order telephones are reported to ICE staff who monitor the telephone contract. ICE staff assigned to the facility monitor the repair process. 11. Detainees are afforded a reasonable degree of privacy for legal phone calls. 12. A procedure exists to assist a detainee who is having trouble placing a confidential call. Assistance will be provided by ICE staff. 13. The facility provides the detainees with the ability to make non-collect (special access) calls. The special access numbers are programmed into the detainee phone system. 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. Special access numbers are programmed into the detainee phone system and are at no charge to the detainee. 126 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010681 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 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. Detainees may submit a request to ICE staff who will arrange the call. 18. All telephone restrictions are documented. Staff report that there have been no restrictions in the past twelve months. 19. The facility has a system for taking and delivering emergency detainee telephone messages. Once the type of emergency has been verified a shift supervisor delivers the message to the detainee. 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. Telephone calls are not restricted in the segregation unit. 23. Detainees in disciplinary segregation are allowed phone calls to consular/embassy officials. 24. Detainees in disciplinary segregation are allowed phone calls for family emergencies. 25. Detainees in administrative segregation and protective custody are afforded the same telephone privileges as those in general population. A portable phone is provided to the detainee upon request. This was observed during the inspection. 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. Notification of monitoring was noted near the telephones. A recorded message also advises detainees that the call 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 is programmed into the phone system. This inspector made contact with OIG personnel using a telephone in a housing unit. 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 A review of the logs indicated that ICE staff do check the telephones weekly. PART 5 – 31. TELEPHONE ACCESS Meets Standard Does Not Meet Standard N/A Repeat Finding 127 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010682 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 Remarks: (Record significant facts, observations, other sources used, etc.) Detainees are allowed access to telephones from 8:00 AM to 10:00 PM in the housing units. A review of the logs indicated that staff inspect the phones daily. The Special Access numbers are programmed into the detainee phone system and are at no cost to the detainee. This inspector was able to make contact with OIG personnel using a phone in a housing unit. Telephone access rules are available to detainees in the facility handbook and are posted near the phones in the housing units. ICE staff monitor the contract for the detainee telephone system and ensure that repairs are done promptly. (b)(6), (b)(7)(c) 02/24/2012 Reviewer’s Signature / Date 128 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010683 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 General visitation is scheduled on weekends. 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 schedule is posted in the lobby. The public may also receive this information by calling the facility. 4. The hours for all categories of visitation are posted in the visitation waiting area. 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. 6. A general visitation log is maintained. The general visitation log is maintained in a written log and electronically. 7. Detainees are permitted to retain authorized personal property items specified in the standard. 8. A visitor dress code is available to the public. The visitor dress code is posted in the lobby and is in the detainee handbook. 9. Visitors are searched and identified according to standard requirements. Visitors must present a valid photo ID and must pass through a metal detector. 10. The requirement on visitation by minors is complied with. Minors are allowed to visit if accompanied by an adult. 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. Minors are allowed to visit. 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. Minors are allowed to visit. 13. Anytime a visit is denied, to either a general population detainee or SMU detainee, the denial is documented. Staff advise that there have been no denials in the past twelve months. If this were to occur it would be documented. 14. Detainees in special housing are afforded visitation. 15. Legal visitation is available seven (7) days a week, including holidays. 129 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010684 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 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. Normal legal visitation hours are from 8:00 AM to 5:00 PM daily. Staff advise that legal visitation is allowed at any time if requested. 17. On regular business days, detainees are given the option of continuing a meeting with a legal representative through a scheduled meal. A sack lunch will be provided to the detainee if the meeting continues 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. There are private consultation rooms available with a pass-through for documents. If needed, legal visitation will be allowed in a courtroom. 19. There are written procedures governing detainee searches. 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. Legal representatives and assistants must pass through the metal detector. Any items taken into the visitation area will be searched. 21. Per the Standard, prior to each visit, legal service providers and assistants are identified. Attorneys must present a bar card. Other legal service providers must present proof of employment as such. 22. The current list of pro bono legal organizations is posted in the detainee housing areas and other appropriate areas. This information was posted in the housing units and other areas of the facility. 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 is an IGSA facility. All requests for tours are referred to ICE for approval. 24. Provisions for NGO visitation as stated in the Detention Standards are complied with. 25. Law enforcement officials, requesting to visit with a detainee, are referred to the ICE Facility Administrator for approval. Requests from law enforcement officials are referred to ICE for approval. 26. Former detainees or aliens in proceedings, requesting to visit with a detainee, are referred to the Facility Administrator or ICE Field Office. ICE approval is required for these visits. PART 5 – 32. VISITATION Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) The facility has a written visitation procedure. All general visitation is non-contact. The schedule, rules and dress code are 130 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010685 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 available to the public through a posting in the lobby and by phone. Visitors must present a valid photo ID and must pass through a metal detector. They are also subject to a pat search. Attorneys must present a bar card and photo ID. Other legal service providers must provide proof of employment as such. Legal visitation is normally scheduled from 8:00 AM to 5:00 PM daily. Visits may occur at other times by appointment. Minors are allowed to visit if accompanied by an adult. Written and electronic visitation logs are maintained. (b)(6), (b)(7)(c) 02/24/2012 Reviewer’s Signature / Date 131 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010686 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 and procedure establishes a voluntary work program for detainees assigned to the facility. 2. Detainee housekeeping meets acceptable levels of neatness, cleanliness and sanitation standards. Visual observation of the facility during the site review supported acceptable level of housekeeping. 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. 4. Written procedures govern selection of detainees for the Voluntary Work Program. The same procedures apply for replacement workers as for “new” workers. • Staff follow written procedures. 5. Where possible, physically and mentally challenged detainees participate in the program. • 6. The facility complies with work-hour requirements for detainees, not exceeding: • Eight hours a day. • Forty hours a week. 7. Detainee volunteers ordinarily work according to a fixed schedule. The facility does not allow ICE detainees to work outside the secure perimeter of the facility. Facility policy and procedure establishes procedures for the detainee work program. Staff follows the policy and procedure in establishing work details. Detainees assigned to the facility do not work more than eight hours per day or forty hours per week. Facility policy and procedure states detainees will work a fixed shift assignment daily. 8. If a detainee is removed from a work detail, staff place the written justification for the action in the detainee’s detention file. 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: • • • OSHA standards NFPA standards ACA standards Facility staff provides detainee training and documentation prior to assignment to a job duty. The facility voluntary work program complies with Occupational Safety and Health Administration, National Fire Protection Association and American Correctional Association standards. 132 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010687 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. 11. Medical staff screen and formally certifies detainee food service volunteers; Remarks The facility medical department reviews detainee workers prior to assignment. • Before the assignment begins • As a matter of written procedure 12. Detainees receive safety equipment/ training sufficient for the assignment Detainee workers are given initial training on safety and equipment usage prior to beginning duties. 13. Proper procedure is followed when an ICE detainee is injured on the job. Facility policy and procedure require notification of the ICE Field Office if a detainee sustains an injury during the work program. 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 maintains a work program as an avenue to offer detainees opportunities to work on a routine basis and earn money while confined to the facility. The facility allows detainees work opportunities in the housing area, food service department and recreation area. (b)(6), (b)(7)(c) / 02/24/2012 Reviewer’s Signature / Date 133 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010688 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 134 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010689 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 1. The facility has a detainee handbook. Each detainee receives a copy of the local handbook and the ICE National Detainee Handbook. The facility issues the ICE National Detainee Handbook and a local supplement. 2. The detainee handbook is written in English and translated into Spanish, and other languages spoken by significant numbers of detainees in that facility. The handbooks are issued in both English and Spanish. 3. A procedure for requesting interpretive services for essential communication has been developed. The handbook instructs detainees on the process for requesting interpretive services. 4. Orientation materials are read to detainees who cannot read, or they are provided the material via audio or video recordings. 5. The handbook supplements the facility orientation video where one is provided. The facility utilizes an orientation video. It is produced in both English and Spanish. 6. The handbook is revised as necessary and there are procedures in place for immediately communicating any revisions to staff and detainees. The facility posts handbook revisions in the detainee housing areas. 7. There is an annual review of the handbook by a designated committee or staff member. The facility administrator (Warden) conducts an annual review of the facility handbook. 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. The facility handbook addresses personal items, issuance of clothing bedding and hygiene and access to medical care. 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 facility handbook addresses the methods of classification, levels and appeals process. 11. The handbook states when a medical examination will be conducted. The facility handbook explains a complete medical examination will be conducted within fourteen days of arrival to the facility. 12. The handbook describes the facility, housing units, dayrooms, In-dorm activities and special management units. 135 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010690 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 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. The facility handbook includes schedules for the activities contained within the component. They are also posted in the detainee housing areas. 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. The facility handbook states razors are issued one time per day and must be returned following their use. 15. The handbook describes barber hours and hair cutting restrictions. The facility handbook describes the barber shop hours will be posted in the detainee housing area. 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. The facility handbook addresses telephone procedures, calling cards, collect call and limitations for times of high demand. 17. The handbook addresses religious programming. 18. The handbook states times and procedures for commissary or vending machine usage. (where available) The facility handbook describes commissary services. Vending machines are not available for detainee use. 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. The facility handbook describes the library and law library schedule will be posted in the detainee housing area. 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. 22. The handbook/supplement provides local ICE contact information. The facility handbook describes issues should be submitted to ICE. Posters in the detainee housing area contain the contact information for the local field office. 23. The handbook describes the facility contraband policy. 24. The handbook describes the facility visiting hours and schedule and visiting rules and regulations. 25. The handbook describes the correspondence policy and procedures. 136 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010691 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. 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. Remarks The facility handbook describes the detainee disciplinary policy, prohibited acts and time limits in the process. 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 The facility handbook details items within this component, including the process of filing a complaint of officer misconduct with the Department of Homeland Security. for 28. The handbook describes the medical sick call procedures for general population and segregation. The facility requires detainees in the general population and segregation to file a sick call request. 29. The handbook describes the facility recreation policy including: • Outdoor recreation hours. • Indoor recreation hours. • In dorm leisure activities. • Rules for television viewing. The facility handbook discusses indoor and outdoor recreation as well as in dorm activities. 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. 33. Orientation materials are provided to illiterate detainees either orally or via audio/video tapes in a language they can understand. The facility requires detainees in the general population and segregation to file a sick call request. PART 6 - 34. DETAINEE HANDBOOK Meets Standard Does Not Meet Standard N/A Repeat Finding 137 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010692 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 Remarks: (Record significant facts, observations, other sources used, etc.) The facility has created a local handbook to offer as a supplement to the ICE National Detainee Handbook. It is created to provide a comprehensive orientation and outline of the facility policy and procedures. It includes subject matter related to facility rules, disciplinary system, mail, grievance, and medical care. The handbook includes provisions explaining the classification system and levels, housing units and dayrooms, library location and local contact information for the ICE Field Office. (b)(6), (b)(7)(c) 02/24/2012 Reviewer’s Signature / Date 138 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010693 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. Facility policy and procedure establishes the facility's informal and formal grievance process. It is also contained in the facility supplemental handbook that is distributed to detainees. 2. The admissions process includes providing each new arrival with a copy of the detainee handbook (or equivalent). The facility provides detainees with the ICE National Detainee Handbook and the local handbook supplement. 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. The facility supplemental handbook address the items contained within this component. Facility policy and procedure encourage detainees to seek informal resolution to complaints. It allows them a five day window to make an informal grievance formal. The facility offers detainees a multistep grievance process to appeal decisions they do not agree with; additionally, detainees may requested assistance when needed. 6. Facility has written procedures for identifying and handling a time-sensitive emergency grievance. 7. Every member of the staff knows how to identify emergency grievances, including the procedures for expediting them. Facility staff attends annual training on how to identify and expedite an emergency grievance. 139 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010694 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 8. Staff shall not harass, discipline, punish or otherwise retaliate against a detainee who files a complaint or grievance. Facility policy and procedure and the local handbook state that staff shall not harass or punish detainees for filing a grievance. 9. Procedures include maintaining a Detainee Grievance Log. The facility maintains a grievance log that is an acceptable record keeping system. The facility forwards all ICE detainee grievances, including the disposition to ICE for review. If nuisance complaints are received the facility policy and procedure contains a means to identify and notate them. • 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. 11. Staff is required to forward any grievance that includes officer misconduct to a higher official or, in a CDF/IGSA facility, to ICE. The facility forwards all ICE detainee grievances to the local ICE Office. 12. Informal resolution of a written grievance is documented in the detainee’s Detention File. 13. Staff comply 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. The facility requires staff to notify allegations of staff misconduct to a supervisor. The facility reports all detainee grievances to the local ICE Office. 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. • This is an IGSA facility. Detainees may appeal to the facility administrator. 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 is an IGSA facility. The facility requires detainees to submit formal or informal grievances within five days of occurrence. PART 6 – 35. GRIEVANCE SYSTEM Meets Standard Does Not Meet Standard N/A Repeat Finding 140 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010695 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 Remarks: (Record significant facts, observations, other sources used, etc.) The facility has an established grievance policy and procedure created to protect detainee rights and ensure they are treated fairly. If offers detainees an informal and formal avenue to address concerns they have within the facility to management staff. All ICE detainee grievances, including the disposition are forwarded to the local ICE Field Office for review and inclusion in the detention file. 02/24/2012 (b)(6), (b)(7)(c) Reviewer’s Signature / Date 141 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010696 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 PART 6 – 36. LAW LIBRARIES AND LEGAL MATERIAL N/A Does Not Meet Standard Components Meets Standard 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. There is a designated law library at this facility. 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. There are four computers in the law library providing access to the LexisNexis electronic law library. All materials listed in Attachment A are provided and the list is posted. In addition, there are a number of law books in the library. • 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. 4. The library contains a sufficient number of chairs, is well lit and is 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. There are four computers, a printer/copier and sufficient supplies available in the law library. The library is well lit, quiet, and is equipped with sufficient chairs and tables. The computers have word processing capabilities. 6. Detainees are provided with the means to save legal work in a private electronic format for future use. Detainees may purchase a flash drive from the commissary to store legal work. Indigent detainees may request a floppy disk for this purpose. 7. The facility subscribes to updating services where applicable and legal materials requiring updates are current. The electronic law library is updated quarterly. The most recent LexisNexis update was installed 11/23/2011. These updates are provided by ICE. 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. Published legal material is accepted once it is approved by ICE. 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 facility IT Manager is responsible for inspecting the equipment and installing updates. 142 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010697 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 PART 6 – 36. LAW LIBRARIES AND LEGAL MATERIAL N/A Components Does Not Meet Standard Meets Standard 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. During this inspection it was noted that the detainees do take advantage of the law library. Detainees are not required to forego recreation time in lieu of library usage. 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. If the facility is unable to provide the requested material the request is forwarded to ICE. Requests are accommodated within 3-5 business days. 12. The facility permits detainees to assist other detainees, voluntarily and free of charge, in researching and preparing legal documents, consistent with security. This inspector observed a detainee assisting another detainee with the LexisNexis. 13. Staff ensure 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. Requests for material in other languages are forwarded to ICE staff who provide the material. 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. There have been no denials of access to the law library in the past twelve months. 16. All denials of access to the law library fully documented. There have been no denials in the past twelve months. Staff stated that if this were to occur it would be documented and reported to ICE. 17. Facility staff inform ICE Management when a detainee or group of detainees is denied access to the law library or law materials. There have been no denials in the past twelve months. 18. Detainees who seek judicial relief on any matter are not subjected to reprisals, retaliation, or penalties. This is clearly stated in facility policy. 19. Indigent detainees are provided with free envelopes and stamps to mail related to legal matters. These materials are available in the housing units and law library. 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.) The facility provides a law library that is comfortable, well lighted, and has sufficient equipment and supplies for detainee use. 143 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010698 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 There are four computers providing access to the LexisNexis electronic law library. The LexisNexis updates are provided to the facility by ICE. The last update was installed 11/23/2011. In addition to the computers, which have word processing capabilities, there is a printer/copier. There have been no denials of access to the law library in the past twelve months. (b)(6), (b)(7)(c) 02/24/2012 Reviewer’s Signature / Date 144 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010699 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 Legal Rights group presentations and accredited representatives for group are done every Monday, presentations. Wednesday and Friday by the Diocesan Migrant And Refugee Services (DMRS). 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. All material must be approved by ICE prior to being provided or presented. 4. Posters announcing presentations appear in common areas at least 48 hours in advance and sign-up sheets are available and accessible. All detainees are required to attend a presentation as soon as possible after admission to the facility. They may attend more than one session if they desire. 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. All detainees are required to attend a presentation as soon as possible after admission to the facility. There have been no denials in the past twelve months. 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. Presentations begin at 9:00 AM and are repeated throughout the day if necessary. 7. Detainees in segregation, unable to attend for security reasons may request separate sessions with presenters. Such requests are documented. 8. Interpreters are admitted when necessary to assist attorneys and other legal representatives. DMRS will provide interpreters if necessary. 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 permit presenters to distribute ICE/DROapproved materials. 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 are present but do not monitor conversations with legal providers. ICE staff are present. 145 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010700 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 been no suspensions of privileges in the past twelve months. 13. The facility plays ICE/DRO-approved videotaped presentations on legal rights, at regular opportunities at the request of outside organizations. 14. A copy of the Group Legal Rights Presentation policy, including attachments, is available to detainees upon request 15. The facility maintains equipment for viewing approved electronically formatted presentations. This equipment was observed in operation during the inspection. 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.) All detainees are required to attend a Legal Rights Group Presentation as soon as possible after being admitted to the facility. They may attend more than one presentation if they desire. The Diocesan Migrant and Refugee Services (DMRS) does group presentations every Monday, Wednesday and Friday beginning at 9:00 AM each day and repeating the sessions as often as needed to accommodate all detainees. (b)(6), (b)(7)(c) / 02/24/2012 Reviewer’s Signature / Date 146 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010701 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 147 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010702 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. A Detention File is created during the admission process for every detainee. 2. The detainee Detention File contains either originals or copies of documentation and forms generated during the admissions process. All forms generated during the admission process are placed in the detainee's detention file. The files reviewed were complete. 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. All documents, other than medical records, pertaining to the detainee are placed in the detention file. The files reviewed were complete and orderly. The Detention Files are maintained in locked cabinets in the Count Room in the administration area. Keys to the cabinets are limited to supervisors. 5. The Detention File remains active during the detainee’s stay. When the detainee is released from the facility, staff add copies of completed release documents, the original closed-out receipts for property and valuables, the original I-385 or equivalent and other documentation. The files reviewed contained completed release documents and closed-out receipts. 6. The officer closing the Detention File makes a notation that the file is complete and ready to be archived. Once the files are complete they are dated and archived. 7. Staff make copies and sends documents from the file when appropriately requested by supervisory personnel at the receiving facility or office. All requests for documents must be approved by ICE. 8. Appropriate staff have 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. Any file removed from the Count Room must be logged out/in. The logs were reviewed were found to be up to date. 9. Electronic record-keeping systems and data are protected from unauthorized access. All electronic records are password protected. 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. The facility does not release any information. All requests for information are referred to ICE staff who will have the consent form completed and will forward it to facility staff for inclusion in the file. 148 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010703 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 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. All electronic data is password protected. Only authorized persons have access to the data. 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. Staff reported that they do have the necessary equipment and supplies. 13. The Detention Operations Supervisor or equivalent can direct certain documents be added to a detainee’s detention File. The Warden can direct certain documents be added to a detainee's detention file. 14. Archived files are purged after six years by shredding or burning. Archived files are converted to electronic files that are maintained indefinitely. The paper documents are shredded after six months. 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.) The detention files are maintained in locked cabinets in the Count Room. The keys to the cabinets are controlled and any log removed from the area must be logged out/in. The logs were reviewed and found to be up to date. The files reviewed were orderly and contained all required documents. All electronic data is password protected. Archived files are converted to electronic files that are maintained indefinitely. The paper documents are shredded after six months. (b)(6), (b)(7)(c) / 02/24/2012 Reviewer’s Signature / Date 149 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010704 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 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. 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 Facility policy requires that all requests for information or interviews be referred to ICE. 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. 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. 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. All requests from the media are handled by the Public Information Office (PIO) of the El Paso Field Office. The PIO will establish a press pool if warranted. All notifications and dissemination of materials will also be handled by the PIO. 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.) Facility policy requires that all requests for News Media Interviews and Tours be forwarded to ICE. The Public Information Office of the El Paso Field Office handles all requests and interviews. (b)(6), (b)(7)(c) / 02/24/2012 Reviewer’s Signature / Date 150 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010705 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. Facility policy and procedure establishes a comprehensive training policy and procedure for staff, contractors and volunteers that includes initial and annual training. 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. Facility staff is trained in accordance with their duties and job functions. 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. The facility training manager has completed training for trainer’s course. 4. Training is governed and guided by a training plan that is reviewed and approved annually by the facility administrator. The facility training plan was approved by the facility administrator on November 28, 2011. 5. An accurate and complete record is maintained of all formal training activities in: The facility maintains paper copy of training records. Each employee has a master training record containing all employees training maintained in the administrative area. • Individual training folders, • Other training records systems, and/or • Electronic systems. 151 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010706 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 Each new employee, contractor and volunteer completes a forty-hour initial training program including the subjects listed in the component. 152 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010707 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. Each new employee, contractor and volunteer completes a forty-hour initial training program including the subjects listed in the component. 153 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010708 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. Each new employee, contractor and volunteer completes a forty-hour initial training program including the subjects listed in the component. misconduct 154 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010709 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. Each new employee, contractor and volunteer completes a forty-hour initial training program including the subjects listed in the component. 155 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010710 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 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. Each new employee, contractor and volunteer completes a forty-hour initial training program including the subjects listed in the component. Situation Response Teams receive initial training and monthly training thereafter. Facility management staff complete forty hours of training annually. Facility staff is required to attend firearms training prior to placement on a post requiring the use of a firearm. 156 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010711 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 14. (MANDATORY) All personnel authorized to use firearms demonstrate competency in their use at least annually. Facility staff is required to attend firearms training prior to placement on a post requiring the use of a firearm. 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. The facility chemical agent training includes pre and post exposure sections that include decontamination procedures. Annual recertification training is conducted. 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. The facility staff, contractors and volunteers are required to sign a statement acknowledging their completion and compliance with a drug and alcohol program. 17. New staff are 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. 18. All staff are 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. Facility staff members receive annual ethics and compliance training. 157 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010712 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. Facility staff annually attends classes in first aid and American Heart Association approved cardiopulmonary resuscitation class. The facility conducts and documents quarterly medical and fire safety drills ensuring response in the required time frame. 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. Comprehensive sexual abuse training is included in the initial orientation for staff members and annual in service training. It includes the items listed in the component. 158 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010713 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. Comprehensive suicide prevention training is included in the initial orientation and the annual in-service training. It includes the areas described in the component. 23. All staff are trained during orientation and annually to recognize the signs of a hunger strike and on the procedures for referral for medical assessment. 24. All staff are trained in proper procedures for the care and handling of keys. Orientation training shall be accomplished before staff are 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 are 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. Facility staff attends annual training which includes the subjects contained in this component. 159 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010714 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 The facility maintains a tuition assistance program for employees wishing to continue their education and professional development. PART 7 – 40. STAFF TRAINING Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) The facility maintains a comprehensive training plan that ensures staff is properly trained and competent in their assigned duties. Staff members working at the facility, regardless of position, attend 120 hours of initial training from instructors certified as staff trainers. Follow up training is conducted annually in forty-hour blocks of instruction with specialized training offered for staff wishing to gain additional knowledge. Facility staff reported during the site review that the training that was available was useful and presented by instructors who were enjoyable and capable. Staff training records appeared comprehensive and complete with documents supporting training provided. (b)(6), (b)(7)(c) 02/24/2012 Reviewer’s Signature / Date 160 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010715 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 If a G-28 has been filed, ICE staff will make this notification within 24 hours of transfer. 2. 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 officers are allowed discretion regarding the timing of the notification when there are security concerns or other extenuating circumstances. 4. The attorney and detainee are notified 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. There is written facility policy that stipulates that times and transfer plans are never discussed with the detainee, that the detainee is not notified until immediately prior to departing the facility and the detainee is not permitted to make any phone calls or have contact with the general population. 6. The detainee is provided with a completed Detainee Transfer Notification Form. ICE staff provide the detainee with the completed form. 7. Form G-391 or equivalent authorizing the removal of a detainee from a facility is used. Form G-391 is used to authorize the removal of a detainee from the facility. 8. For medical transfers: This facility is an IGSA; there are no Immigration Health Service Corps staff. Medical transfers are coordinated through the local ICE/ERO office and a medical transfer summary is completed which accompanies the detainee. Appropriate medication is issued. Staff report that there have been no medical transfers in the past twelve months. • 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. 161 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010716 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard 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 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. Transporting officers receive instructions on a need-to-know basis. 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. All detainees arriving at this facility are allowed to make a three minute phone call at the government's expense, upon arrival at the facility. 14. Meals are provided when transfers occur during normally schedule meal times. Sack lunches are provided if the transport occurs over a meal time. 15. An A-File or work folder accompanies the detainee when transferred to a different Field Office or suboffice. 16. A-Files are forwarded to the receiving office via overnight mail no later than one business day following the transfer. 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.) When a G-28 has been filed, the representative of record is notified that the detainee has been transferred. The notification includes the reason for transfer and the location of the new facility. This notification is made by ICE staff. The detainee's funds and property are returned and transferred with the detainee. All detainees transferred to this facility are allowed to make a three minute phone call at the government's expense upon arrival at the facility. 02/24/2012 Reviewer’s Signature / Date (b)(6), (b)(7)(c) 162 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010717 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 February 22-24, 2012 C. Previous/Most Recent Facility Review Date[s] of Last Facility Review February 22-24, 2011 Previous Rating Meets Standards Does Not Meet Standards D. Name and Location of Facility Name Otero County Processing Center Address (Street and Name) 26 McGregor Range Road City, State and Zip Code Chaparral, NM 88081 County Otero Name and Title of Facility Administrator (Warden/OIC/Superintendent) (b)(6), (b)(7)(c) Telephone # (Include Area Code) 575-824 (b)(6), (b)(7)(c) Field Office / Sub-Office (List Office with oversight responsibilities) El Paso Distance from Field Office 23 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 / Medical SME / Nakamoto Group (b)(6), (b)(7)(c) Name of Team Member / Title / Duty Location (b)(6), (b)(7)(c) Safety-Food Serv. CI / Nakamoto Group Name of Team Member / Title / Duty Location Security CI / Nakamoto Group (b)(6), (b)(7)(c) Name of Team Member / Title / Duty Location / / F. CDF/IGSA Information Only Contract Number Date of Contract or IGSA DROIGSA-08-0091 June 12, 2008 Basic Rates per Man-Day $117.71 Other Charges: (If None, Indicate N/A) Transportation; Stationary Guard Service; ; Detention Review Summary Form Facilities Used Over 72 hours Estimated Man-days Per Year 336,932 G. Accreditation Certificates List all State or National Accreditation[s] received: American Correctional Association - January 2010 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 June 2008 Date Last Remodeled or Upgraded N/A Date New Construction / Bedspace Added N/A Future Construction Planned Yes No Date: Current Bedspace Future Bedspace (# New Beds only) 1,086 Number: N/A Date: N/A J. Total Facility Population Total Facility Intake for previous 12 months 5,590 Total ICE Mandays for Previous 12 months 336,932 K. Classification Level (ICE SPCs and CDFs Only) L-1 L-2 L-3 Adult Male 377 161 59 Adult Female 0 0 0 L. Facility Capacity Rated Adult Male 1000 Adult Female 0 Operational 1086 0 Emergency 1086 0 Facility holds Juveniles Offenders 16 and older as Adults M. Average Daily Population ICE Adult Male 620 Adult Female 0 N. Facility Staffing Level Security: USMS 0 0 Other 0 0 Support: (b)(7)(e) ICE 2012FOIA03030.010718 Form G-324A SIS (Rev. 9/3/08) Significant Incident Summary Worksheet For The Nakamoto Group 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 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Physical Physical 0 0 0 0 0 0 4 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 2 0 1 0 0 0 0 0 0 0 0 32 80 72 60 9 4 5 0 0 0 0 0 0 0 0 0 42 43 40 47 2 1 4 3 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 2012FOIA03030.010719 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 2012FOIA03030.010720 ) 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) Title & Duty Location Date Lead Compliance Inspector, The Nakamoto Group, Inc. 2/24/2012 Team Members Print Name, Title, & Duty Location (b)(6), (b)(7)(c) Print Name, Title, & Duty Location Medical SME, The Nakamoto Group, Inc. Print Name, Title, & Duty Location (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) Group, Inc. Safety/Food Service SME, The Nakamoto Print Name, Title, & Duty Location Security SME, The Nakamoto Group, Inc. Recommended Rating: Meets Standards Does Not Meet Standards Comments: The facility reported no deaths or suicide attempts for the past twelve months. There were no escapes or excape attempts in the past twelve months. The facility does not use (b)(7)e There are no canines at the facility. Form G-324A SIS (Rev. 9/3/08) ICE 2012FOIA03030.010721 O?ice of Enforcement and Removal Operations US. Department of Homeland Security 500 12"? Street, sw Washington, DC 20536 US. Immigration and Customs Enforcement JUL 9. 3912 MEMORANDUM FOR: Adrian Macias Field Of?ce Director Field Office (bxe), were (A) Utrector tor Custody Management FROM: SUBJECT: Otero County Processing Center Annual Review 2012 The annual review of the Otero County Processing Center conducted on February 22 24, 2012, in Chaparral, NM has been received. A ?nal rating of Meets Standards has been assigned and this review is now closed. The rating was based on the Lead Compliance Inspector (LCI) Summary Memorandum and supporting documentation. The Field Of?ce Director must initiate the following actions in accordance with the Detention Management Control Program (DMCP): l) The Field Of?ce Director, Enforcement and Removal Operations, shall notify the facility within ?ve business days of receipt of this memorandum. Noti?cation shall include copies of the Form 0-324 Detention Facility Review Form, the 6-324 Worksheet, LCI Summary Memorandum, and a copy of this memorandum. Should vou or rour staff have any questions regarding this matter, please contact (wac) Deputy Assistant Director, Detention Management Division at (202) 732 cc: Of?cial File FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ICE 2012FOIA03030.010722