601 13th St. NW, Suite 650N Washington, DC 20005 202/ 824-0725 (T) 202/ 824-0728 (F) www.MGTofAmerica.com November 5, 2011 MEMORANDUM FOR: FROM: Gary E. Mead Executive Associate Director Office of Enforcement and Removal Operations b6 b7c Lead Compliance Inspector b6 b7c Theo Lacy Facility Annual Detention Review SUBJECT: MGT of America, Inc. performed an annual inspection for compliance with the Immigration and Customs Enforcement (ICE) Performance Based National Detention Standards (PBNDS) at the Theo Lacy Facility located in Orange, California during the period of November 1-3, 2011. The facility is an Intergovernmental Service Agreement (IGSA) facility. The annual inspection was performed under the guidance of Inspector (LCI). Team members were: Subject Matter Field Security Health Services Food Service Environmental Health and Safety b6 b7c Lead Compliance Team Member b6, b7c b6, b7c b6 b7c b6, b7c b6, b7c b6, b7c b6, b7c Type of Review The review is a scheduled annual inspection which is performed to determine overall compliance with the ICE Performance Based National Detention Standards (PBNDS) for Over 72 hour facilities. The facility received a previous rating of “Meets Standards” during the November 2010 inspection. Review Summary The facility is not accredited by the American Correctional Association (ACA), National Commission on Correctional Health Care (NCCHC), or The Joint Commission (TJC) formerly (JCAHO). FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009670 Standards Compliance The following information is a summary of the standards reviewed and overall compliance as a result of the 20010 PBNDS and 2011 PBNDS annual inspection. 2010 Inspection PBNDS Review of Components Meets Component Does Not Meet Component Non-Applicable Total Applicable Total Components Percentage of Compliance Mandatory NonMandatory 39 0 690 16 1 39 40 100% 143 706 849 97.7% 2011 Inspection PBNDS Review of Components Meets Component Does Not Meet Component Non-Applicable Total Applicable Total Components Percentage of Compliance Mandatory NonMandatory 37 0 677 5 3* 37 40 100% 167 682 849 99.3% • 2010 Inspection PBNDS Review of Standards Meets Standard 39 Does Not Meet Standard 0 Repeat Finding 0 Non-Applicable 2 2011 Inspection PBNDS Review of Standards Meets Standard 39 Does Not Meet Standard 0 Repeat Finding 0 Non-Applicable 2 Mandatory Non-Applicable Components: 1. Female detainees should 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. This facility does not house female detainees. 2. 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. Four and five point restraints are not used at this facility. 3. Involuntary administration of psychotropic medications to detainees complies with applicable laws and regulations and the authorizing physician or psychiatrist. Facility policy does not allow administering these types of medications to detainees. Standards Non-Applicable: The Transportation (By Land) standard was considered non-applicable to this facility. The Orange County Intake/Release Center Transportation Unit conducts all transports FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009671 for this facility. The Escorted Trips for Non-Medical Emergencies standard was considered nonapplicable. The escorted trips are conducted by ICE Field Office staff only. LCI Issues and Concerns There are no standards identified by the inspection team as “Does Not Meet Standard” and no major concerns were identified. Two standards were not applicable. Recommended Rating and Justification The LCI recommends the Theo Lacy Facility receive a rating of “Meets Standards.” The facility was in compliance 100% of the applicable mandatory components and 99.3% of the applicable non-mandatory components. LCI Assurance Statement The findings of compliance and non-compliance are accurately and completely recorded on the G-324A Worksheet and are supported by documentation in the inspection file. An out brief was conducted at the facility. In addition to the entire inspection team, the following were present: (b)(6), (b)(7)c Lieutenant; (b)(6), (b)(7)c b6 b7c ICE Administration Manager; Deputy; Deputy; b6 b7c b6, b7c ICE Sergeant; Food Service Administrator II Administrator II; b6 b7c b6 b7c b6 b7c b6 b7c , Chief Cook; Director of Nursing Nursing Supervisor; b6 b7c b6 b7c b6 b7c Chief Pharmacist Administrative Manager II, b6 b7c b6 b7c b6 b7c Deputy Field Office Director; Assistant Field Office Director; b6 b7c b6 b7c Supervisory Detention and Deportation Officer; Supervisory Detention and b6 b7c b6 b7c b6 b7c b6 b7c Deportation Officer; Deportation Officer; Deportation Officer. b6 b7c Printed Name/Title LCI, MGT of America, Inc. November 5, 2011 Date Signature: _________________________________________ FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009672 601 13th Street, NW Suite 650 North Washington, DC 20005 Contract # HSCECR-09-C-00004 ICE Performance Based National Detention Standards Compliance Review Facility: Theo Lacy Facility Inspection Date: November 1-3, 2011 Report Date: November 5, 2011 ______________________________________________________________________________ FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009673 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 Intergovernmental Service Agreement (IGSA) ICE Service Processing Center (SPC) ICE Contract Detention Facility (CDF) Name Theo Lacy Facility Address (Street and Name) 501 The City Drive South City, State and Zip Code Orange, California 92868 County Orange Name and Title of Chief Executive Officer (Warden/Superintendent/Facility Administrator) Captain/Facility Commander (b)(6), (b)(7)c Name and Title of Lead Compliance Inspector b6 b7c LCI, MGT of America Date[s] of Review From 11/1/11 to 11/3/11 Type of Review Headquarters Operational Special Assessment Other 1 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009674 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 Introduction to the G324A Over 72 hour 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) 2012FOIA3030.009675 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) 2012FOIA3030.009676 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) 2012FOIA3030.009677 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) 2012FOIA3030.009678 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 1. 2. 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 No Detainee or detainee groups exercise control or authority over other detainees. Detainees are protected from: • Personal abuse • Corporal punishment • Personal injury • Disease • Property damage • Harassment from other detainees 3. Staff is trained to identify signs of detainee unrest. • What type of training and how often? This topic is addressed at the academy and during annual inservice training. 4. Staff effectively disseminates information on facility climate, detainee attitudes, and moods to the Facility Administrator. Information is discussed at the beginning of each shift as necessary. 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. Fire/Life Safety Deputies are responsible for the emergency plans. 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 procedures manual is numbered. The facility accounts for all 25 copies of the emergency procedures manual. 7. All staff receives training in the emergency plans during their orientation training as well as during their annual training. 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. 9. The plans address the following issues: • Confidentiality • Accountability (copies and storage locations) • Annual review procedures and schedule • Revisions 10. Contingency plans include a comprehensive general section with procedures applicable to most emergency situations, including procedures for handling detainees with special needs. 6 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009679 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 11. Contingency plans include a procedure for notification of neighbors residing in close proximity to the facility. This component is only applicable for SPCs and CDFs. There are provisions for notifications of the general public in close proximity to the facility during an emergency. 12. The facility has cooperative contingency plans with applicable: This component is only applicable for SPCs and CDFs. There are several memorandums of understanding regarding emergency assistance with local law enforcement, state and federal agencies. • 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. 14. All staff receives copies of the Facility Hostage policy and procedures. This component is only applicable for SPCs and CDFs. The facility conducted a drill involving outside agencies on May 6, 2010. This component is only applicable for SPCs and CDFs. All staff has signed for receipt of the hostage plan. b7e 16. The facility maintains a list of translator services in the event one is needed during a hostage crisis. This component is only applicable for SPCs and CDFs. The facility maintains a list of all staff who speaks a second language. 17. Emergency plans include emergency medical treatment for staff and detainees during and after an incident. This component is only applicable for SPCs and CDFs. The plans at this facility include medical followup treatment for staff and detainees. 18. The Food Service Department maintains at least 3- days’ worth of emergency meals for staff and detainees. This component is only applicable for SPCs and CDFs. The food service department maintains at least two weeks of food supplies. 19. Written plans illustrate locations of shut-off valves and switches for utilities (water, gas, electric). This component is only applicable for SPCs and CDFs. The plans are very specific and include photographs of the shut off valves and switches. 20. Written plans include a Staff Work Stoppage procedure. This procedure is available for limited supervisory review. 7 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009680 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 1 – 1. EMERGENCY PLANS This Detention Standard ensures a safe environment for detainees and employees by having in place contingency plans to quickly and effectively respond to any emergency situations that arise and to minimize their severity. Remarks 21. (MANDATORY) Written procedures cover: • Work/Food Strike • Fire • Environmental Hazard • Detainee Transportation System Emergency • ICE-wide Lockdown • Staff Work Stoppage • Disturbances • Escapes • Bomb Threats • Adverse Weather • Internal Searches • Facility Evacuation • Detainee Transportation System Plan • Hostages (Internal) • Civil Disturbances Procedures addressing the bulleted emergencies identified in this component are incorporated into the emergency procedures manual. 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 Remarks: (Record significant facts, observations, other sources used, etc.) In review of this standard, the emergency procedures manual was reviewed and Facility Fire/Life Safety Deputies were interviewed. The facility has emergency procedures in place to assist staff in responding quickly to emergency situations. The emergency plans address all of the required contingencies identified in the standard. / November 3, 201 Reviewer’s Signature / Date b6, b6, b7cb7c b6 b7c 8 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009681 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 1. (MANDATORY) The facility has a system for storing, issuing, and maintaining inventories of hazardous materials. 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 has an accurate system for storing, issuing, and maintaining inventories of cleaning supplies and hazardous materials. Facility policy 8002.9, Control of Flammable, Toxic, and Caustic Materials, provides guidelines for chemical accountability. 2. Constant inventories are maintained for all flammable, toxic, and caustic substances used/stored in each area of the facility. 3. The manufacturer’s Material Safety Data Sheet (MSDS) file is up-to-date for every hazardous substance used. • The files list all storage areas, and include a plant diagram and legend. • The MSDSs and other information in the files are available to personnel managing the facility’s safety program. Material Safety Data Sheets (MSDS) sheets were up-to-date and stored in the maintenance office. 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. All areas storing hazardous items had up-to-date MSDS sheets. 6. Hazardous materials are always issued under proper supervision. All hazardous materials are issued under the supervision of the Corrections Services Technician. Detainees using hazardous materials are trained and under constant staff supervision. Only the amounts to be used on a single day are issued at one time. • Quantities are limited. • Detainees are trained. • Staff always supervises detainees using these substances. 7. All "flammable” and “combustible" materials (liquid and aerosol) are stored and used according to label recommendations. 8. Lighting fixtures and electrical equipment are installed in storage rooms and other hazardous areas and meet the National Electrical Code requirements. A tour of the facility confirmed that light 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. 9 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009682 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 10. Excess flammables, combustibles, and toxic liquids are disposed of properly in accordance with MSDS. 11. Staff directly supervise and account for products with methyl alcohol. Staff receives a list of products containing diluted methyl alcohol, for example, shoe dye. All such products are clearly labeled as such. "Accountability" includes issuing such products to detainees in the smallest workable quantities. The facility does not use or maintain substances 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. All employees and detainees using flammable, toxic, or caustic materials receive advanced training on their use, storage, and disposal in accordance with Occupational Safety and Health Administration (OSHA) standards. 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 complies with current editions of applicable codes, standards, and regulations of the National Fire Protection Association (NFPA) and OSHA. 14. A technically qualified staff member conducts fire and safety inspections. The facility has two assigned Deputies responsible for fire safety. Both have been participated in fire safety courses. Additionally, they have attended classes at the local fire department. 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's fire prevention, control, and evacuation plan has been approved by the Orange Fire Department. 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 conducts and documents monthly fire inspections. There is fire protection equipment throughout the facility. Evacuation plans are posted including exit signs and directional arrows. Area specific diagrams are conspicuously posted throughout the facility. 10 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009683 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 18. Fire drills are conducted and documented quarterly in all facility locations including the administrative area. 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 has conducted and documented quarterly fire drills of all locations including the administrative area. The fire drill evacuation forms were reviewed for the last 12 months and found to be completed appropriately. 19. A sanitation program covers barbering operations. 20. The barbershop has the facilities and equipment necessary to meet sanitation requirements. The facility barbershop for ICEdetainees has the necessary equipment and meets sanitation requirements. 21. The sanitation standards are conspicuously posted in the barbershop. 22. Written procedures regulate the handling and disposal of used needles and other sharp objects. Facility policy 8002.8, Proper Handling of Needles, addresses the procedures for handling and disposing of used needles and other sharp objects. 23. All items representing potential safety or security risks are inventoried and a designated individual checks this inventory weekly. Items representing potential safety or security risks are inventoried daily on each shift by an assigned Deputy. 24. Standard cleaning practices include: • Using specified equipment; cleansers; disinfectants and detergents. • An established schedule of cleaning and follow-up inspections. The facility has an established cleaning schedule. The facility was found to be clean and sanitary on the days of the inspection. 25. Spill kits are readily available. 26. A licensed medical waste contractor disposes of infectious/bio-hazardous waste. Stericycle has the contract for disposal of infectious/bio-hazardous waste. 27. Staff is trained to prevent contact with blood and other body fluids and written procedures are followed. Staff is trained annually on the prevention of contact with blood and other body fluids. Facility policy 8002.7, Blood Borne Pathogens, addresses training in accordance with this component. 28. Do the methods for handling/disposing of refuse meet all regulatory requirements? 11 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009684 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 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. 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 contracted pest control provider, Vacated Pest Control, conducts monthly inspections including preventive spraying for indigenous insects. 30. Drinking water and wastewater is routinely tested according to a fixed schedule. 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). 32. The Facility appears clean and well maintained. Emergency generators are tested weekly. The facility was very clean and well maintained on the days of the inspection. 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. 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. 37. The assigned staff member is responsible for developing and implementing policies, procedures, and guidelines for the environmental health program. These guidelines are intended to evaluate and eliminate or control as necessary, sources of injuries and modes of transmission of agents or vectors of communicable diseases. The facility has assigned a Corrections Services Technician Supervisor for developing and implementing policies, procedures, and guidelines of the environmental health program meeting the requirements of this standard. 12 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009685 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 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 for Disease Control and Prevention. PART 1 – 2. ENVIRONMENTAL HEALTH AND SAFETY Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) The facility has a written policy outlining a program of environmental health and safety complying with the requirements of this detention standard. The facility has a comprehensive fire and evacuation plan and appropriate fire equipment and postings. Fire drills are conducted monthly and documented on the in-house fire drill form. All discrepancies noted during fire drills result in corrective action taken and tested. All of the facility's hazardous materials, including all cleaning supplies, are properly stored with accurate inventories. All hazardous materials are under direct staff supervision and are issued only to those individuals trained on their use. During the inspection, the facility was found to be clean and well maintained. b6, b6,b7c b7c b6, b7c/ November 3, 2011 Reviewer’s Signature / Date b6 b7c 13 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009686 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 1. Transporting officers comply with applicable local, state, and federal motor vehicle laws and regulations. Records support this finding of compliance. 2. Every transporting officer required to drive a commercial size vehicle has a valid Commercial Driver's License (CDL) issued by the state of employment. 3. Supervisors maintain records for each vehicle operated. 4. Documentation indicating annual inspection of vehicles and annual inspection in accordance with state statutes is available for review. 5. Documentation indicating safety repairs are completed immediately and vehicles are not used until they have been repaired and inspected is available for review. 6. Officers use a checklist during every vehicle inspection. • Officers report deficiencies affecting operability. • Deficiencies are corrected before the vehicle goes back into service. 7. Transporting officers: • Limit driving time to 10 hours in any 15 hour period when transporting detainees. • Drive only after eight consecutive off-duty hours. • Do not receive transportation assignments after having been on duty, in any capacity, for 15 hours. • Drive a 50-hour maximum in a given work week; a 70hour 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. b7e 9. The transporting officer inspects the vehicle before the start of each detail. 10. Positive identification of all detainees being transported is confirmed. 14 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009687 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 1 – 3. TRANSPORTATION (BY LAND) This Detention Standard prevents harm to the general public, detainees, and staff by ensuring that vehicles are properly equipped, maintained, and operated and that detainees are transported in a secure, safe and humane manner, under the supervision of trained and experienced staff. Standard NA: Check this box if all ICE Transportation is handled only by the ICE Field Office or Sub-Office in control of the detainee case. Remarks 11. All detainees are searched immediately prior to boarding the vehicle by staff controlling the bus or vehicle. 12. The facility ensures that the number of detainees transported does not exceed the vehicle manufacturer’s occupancy level. 13. All uniformed officers wear their issued body armor in accordance with the ICE Body Armor policy and/or applicable contract policy when transporting detainees. 14. The vehicle crew conducts a visual count once all passengers are on board and seated. • Additional visual counts are made whenever the vehicle makes a scheduled or unscheduled stop. 15. Policies and procedures are in place addressing the use of restraining equipment on transportation vehicles. 16. Officers ensure that no one contacts the detainees. • One officer remains in the vehicle at all times when detainees are present. 17. Meals are provided during long distance transfers. • The meals meet the minimum dietary standards, as identified by dieticians utilized by ICE. 18. The vehicle crew inspects all Food Service meals before accepting delivery (food wrapping, portions, quality, quantity, thermos-transport containers, etc.). • Before accepting the meals, the vehicle crew raises and resolves questions, concerns, or discrepancies with the Food Service representative. • Basins, latrines, and drinking-water, containers, dispensers are cleaned and sanitized on a fixed schedule. b7e 20. The vehicles are clean and sanitary at all times. 15 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009688 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 1 – 3. TRANSPORTATION (BY LAND) This Detention Standard prevents harm to the general public, detainees, and staff by ensuring that vehicles are properly equipped, maintained, and operated and that detainees are transported in a secure, safe and humane manner, under the supervision of trained and experienced staff. Standard NA: Check this box if all ICE Transportation is handled only by the ICE Field Office or Sub-Office in control of the detainee case. Remarks 21. Personal property of a detainee transferring to another facility: • Is inventoried. • Is inspected. • Accompanies the detainee. 22. The following contingencies are included in the written procedures for vehicle crews: • Attack • Escape • Hostage-taking • Detainee sickness • Detainee death • Vehicle fire • Riot • Traffic accident • Mechanical problems • Natural disasters • Severe weather • Passenger list is not exclusively men or women or minors PART 1 – 3. TRANSPORTATION (BY LAND) Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) The Orange County Intake/Release Center Transportation Unit conducts all transports for this facility. / November 3, 2011 Reviewer’s Signature / Date b6,b6, b7cb7c b6 b7c 16 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009689 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 17 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009690 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. IGSA's are only required to have an orientation that includes the detainee handbook. The other requirements of this component are only applicable to SPCs and CDFs. The facility addresses each topic of this component during the orientation process. Detainees also receive a copy of the detainee handbook. 2. Medical screenings are performed by medical staff or persons who have received specialized training for the purpose of conducting an initial health screening. All medical screenings are completed at the Orange County Intake/Release Center by medical staff prior to detainees being transported to this facility. 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 portion of this component requiring new detainees to be segregated from the general population during the orientation and classification period is specific to SPCs and CDFs. Detainees are segregated from general population during the orientation and classification process. 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. 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. 6. The “Contraband” standard governs all personal property searches. IGSAs and CDFs use or have a similar contraband standard. Staff prepares a complete inventory of each detainee’s possessions. The detainee receives a copy. All identity documents are inventoried and given to ICE staff for placement in the A-file. All funds and valuables are safeguarded in accordance with ICE Policy. The section of this component that requires all strip searches to be documented on G-1025, or equivalent, with proper supervisory approval is specific to SPCs and CDFs. All strip searches are documented on a Jail Incident Report and require supervisory approval. 18 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009691 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 7. Staff completes Form I-387 or similar form for CDFs and IGSAs for every lost or missing property claim. Facilities forward all I-387 claims to ICE. 8. Detainees are issued appropriate and sufficient clothing and bedding for the climatic conditions. 9. All releases are coordinated with ICE. 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 Facility staff completes a Lost Property Report for all lost or missing property claims. The report is forwarded to ICE. This component is only applicable for SPCs and CDFs. The facility coordinates all detainee releases with ICE. 10. Staff completes paperwork/forms for release as required. 11. Each detainee receives a receipt for personal property secured by the facility. 12. The facility has a system to maintain accurate records and documentation for admission, orientation, and release. 13. ICE staff enters all information pertaining to release, removal, or transfer of all detainees into the Enforce Alien Detention Module (EADM) within 8 hours of action. This component is only applicable for SPCs and CDFs. ICE staff enters all information pertaining to releases, removal or transfer of all detainees into the Enforce Alien Detention Module within eight hours of the action. 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 provided in English and Spanish. PART 2 – 4. ADMISSION AND RELEASE Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) Inspection included a review of facility policy, interviews with a Deputy and a Sergeant, review of the facility's handbook and detention files, and observation of the booking process. Detainees are received at the Orange County Intake/Release Center where they receive a medical screening prior to being transported to this facility. Detainees are classified when they arrive at this facility. They are also shown an orientation video that is in English and Spanish. Detainees are provided a copy of the ICE National Detainee Handbook and a copy of the facility's handbook. / November 3, 2011 b6 b7c Reviewer’s Signature / Date b6 b7c 19 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009692 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 2 – 5. CLASSIFICATION SYSTEM This Detention Standard protects the detainees, staff, contractors, volunteers, and the community from harm, and contributes to orderly facility operations, by requiring a formal classification process for managing and separating detainees that is based on verifiable and documented data. Remarks 1. SPC and CDF facilities use the required Objective Classification System. IGSAs use an objective classification system or similar system for classifying detainees. The portion of this component requiring the facility use the required Objective Classification System is specific to SPCs and CDFs. The facility utilizes an Automated Jail Management System for classifying detainees. 2. The facility classification system includes: Detainees are classified upon arrival at this facility. Based on the classification assignment they are placed in general population according to their classification level. Detainees are classified as level 1 (minimum security), level 2 (medium security) or level 3 (maximum security). Level 1 and level 3 detainees are not housed together. • 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. 3. The intake/processing officer reviews work-folders, Afiles, etc., to identify and classify each new arrival. 4. Staff uses only information that is factual, and reliable to determine classification assignments. Opinions and unsubstantiated/ unconfirmed reports may be filed but are not used to score detainee classification. 5. Housing assignments are based on classification-level. 6. A detainee's classification-level does not affect his or her recreation opportunities. Detainees recreate with persons of similar classification designations. 7. Detainee work assignments are based upon classification designations. 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. A Deputy assigned to classification will review any information provided by ICE to identify and classify each new arrival. The section of this component requiring subsequent reassessments to be completed at 90 day to 120 day intervals is specific to SPCs and CDFs. Reassessments are completed at 90 to 120 day intervals. 20 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009693 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 9. 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 The classification system includes standard procedures for processing new arrivals' appeals. Only a designated supervisor or classification specialist has the authority to reduce a classification-level on appeal. The section of this component that indicates that only a designated supervisor or classification specialist to have the authority to reduce a classification-level on appeal is specific to SPCs and CDFs. A Classification Sergeant has the authority to reduce a classification level on appeal. 10. Classification appeals are resolved w/in 5 business days. Detainees are notified of the outcome within 10 business days. The portion of this component requiring classification appeals to be resolved in 5 business days is specific to SPCs and CDFs. Classification appeals are resolved within five business days and the detainee is notified within ten business days. 11. Classification designations may be appealed to a higher authority such as the Facility Administrator or equivalent. This component is only applicable for SPCs and CDFs. Classification designations can be appealed to the Facility Commander. 12. The Detainee Handbook or equivalent for IGSAs explains the classification levels, with the conditions and restrictions applicable to each. 13. In SPCs and CDFs detainees are assigned color-coded uniforms and IDs to reflect classification levels. In IGSA’s a similar system is utilized for each level of classification. The section of this component requiring detainees to be assigned color-coded uniforms and IDs to reflect classification levels is specific to SPCs and CDFs. Facility color coded wrist bands are used to identify classification levels. ICE detainees wear red jumpsuits with the color coded wrist band designated for their classification level. PART 2 – 5. CLASSIFICATION SYSTEM Meets Standard Does Not Meet Standard N/A Repeat Finding 21 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009694 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 Remarks: (Record significant facts, observations, other sources used, etc.) Review of facility policy and information in the detainee handbook, interviews with a Classification Deputy and detainees, and inspection of classification forms in detention files were used to determine compliance. Detainees are classified upon arrival at the facility. Based on their classification assignment they are placed in general population according to their classification level. Detainees are classified as level 1 (minimum security), level 2 (medium security) or level 3 (maximum security). Level 1 and level 3 detainees are not housed together. / November 3, 2011 b6 b7c Reviewer’s Signature / Date b6 b7c 22 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009695 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 2 – 6. CONTRABAND This Detention Standard protects detainees and staff and enhances facility security and good order by identifying, detecting, controlling, and properly disposing of contraband. Remarks 1. The facility follows a written procedure for handling contraband. Staff inventories, holds, and reports it when necessary to the proper authority for action/possible seizure. The portion of this component requiring for staff to inventory, hold, and report contraband to the proper authority for action/possible seizure is specific to SPCs and CDFs. Facility staff does inventory, hold and report contraband. 2. Contraband that is government property is retained as evidence for potential disciplinary action or criminal prosecution. This component is only applicable for SPCs and CDFs. The facility refers contraband to the district attorney; however, there have been no ICE referrals over past 12 months. 3. Staff returns property not needed as evidence to the proper authority. Written procedures cover the return of such property. This component is only applicable for SPCs and CDFs. Facility staff returns property not needed as evidence to the proper authority in compliance with facility policy. 4. Altered property is destroyed following documentation and using established procedures. 5. Before confiscating religious items, the Facility Administrator or designated investigator contacts a religious authority. 6. Staff follows written procedures when destroying hard contraband that is illegal. 7. Hard contraband that is illegal (under criminal statutes) is retained and used for official use, e.g. training purposes. 8. • 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. Detainees receive notification of contraband rules and procedures in the Detainee Handbook and notified when property is identified and seized as contraband. This component is only applicable for SPCs and CDFs. The facility maintains a list from the Inmate Services Division of acceptable religious items. Items confiscated not on this list are referred to the volunteer chaplain. The sections of the component that requires hard contraband that is illegal (under criminal statutes) if retained, be secured when not in use and be used under specific written procedures is specific to SPCs and CDFs. This facility has written procedures addressing retention and disposition of hard and soft contraband. The facility has a secure cabinet that displays hard contraband for training purposes. The facility has authorized and unauthorized property listed in the handbook. 23 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009696 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 9. Facilities with Canine Units only use them for contraband detection. 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 The facility no longer has a canine unit. PART 2 – 6. CONTRABAND Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) Staff was interviewed and written procedures and the ICE detainee handbook reviewed. Based on this inspectors review, the facility is in compliance with this standard. The facility has written procedures addressing the identification, confiscation, control, storage and disposition of contraband. / November 3, 2011 Reviewer’s Signature / Date b6,b6, b7cb7c b6 b7c 24 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009697 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. The facility assigns an Administrative Lieutenant to ICE issues. It is the Administrative ICE Lieutenants' responsibility to tour and he tours weekly along with department heads. 2. At least one male and one female staff are on duty where both males and females are housed. There are no females assigned to this facility. 3. Comprehensive annual staffing analysis determines staffing needs and plans. 4. Essential posts and positions are filled with qualified personnel. 5. Every Control Center officer receives specialized training. 6. Policy restricts staff access to the Control Center. This component is only applicable for SPCs and CDFs. Policy restricts access to the Control center. 7. Detainees do not have access to the Control Center. This component is only applicable for SPCs and CDFs. Detainees do not have access to the Control Centers. 8. Communications are centralized in the Control Center. This component is only applicable for SPCs and CDFs. Communications are centralized in the main Control Center. 9. Facility security and safety will be monitored and coordinated by a secure, well-equipped, and continuously staffed control center. 10. The Control Center maintain employee Personal Data Cards (Form G-74 or contract equivalent). This component is only applicable for SPCs and CDFs. This information is maintained in the Administration Sergeant's office. 11. Recall lists include the current home telephone number of each employee. Phone numbers are updated as needed. This component is only applicable for SPCs and CDFs. Recall lists include the current home phone number of each employee. 12. Staff makes watch calls every half-hour between 6 PM and 6 AM. This component is only applicable for SPCs and CDFs. The facility does not make watch calls every 30 minutes. 13. Information about routine procedures, emergency situations, and unusual incidents will be continually recorded in permanent post logs and shift reports. 25 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009698 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 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. 17. Officers monitor all vehicular traffic entering and leaving the facility. The requirement to monitor vehicles leaving the facility is specific to SPCs and CDFs. The facility monitors all traffic entering and leaving the facility. 18. The facility maintains a log of all incoming and departing vehicles to sensitive areas of the facility. Each entry contains: • The driver's name • Company represented • Vehicle contents • Delivery date and time • Date and time out • Vehicle license number • Name of employee responsible for the vehicle during the facility visit 19. Officers thoroughly search each vehicle entering and leaving the facility. This component is only applicable for SPCs and CDFs. The facility searches vehicles entering and leaving the facility. 20. The facility has a written policy and procedures to prevent the introduction of contraband into the facility or any of its components. 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. 24. Housing area searches occur at irregular times. This component is only applicable for SPCs and CDFs. The facility conducts random housing area searches. 26 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009699 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 2 – 7. FACILITY SECURITY AND CONTROL This Detention Standard protects the community, staff, contractors, volunteers, and detainees from harm by ensuring that facility security is maintained and that events that pose a risk of harm are prevented. Remarks 25. Security officer posts located in or immediately adjacent to detainee living areas to permit officers to see or hear and respond promptly to emergency situations. Personal contact and interaction between staff and detainees is required and facilitated. 26. There are post orders for every security officer post. 27. Detainee movement from one area to another area is controlled by staff. 28. Living areas are constructed to facilitate continuous staff observation of cell or room fronts, dayrooms, and recreation space. 29. Every search of the SMU and other housing units is documented. 30. The SMU entrance has a sally port. This component is only applicable for SPCs and CDFs. The facility has a single sliding door leading into the Special Management Unit (SMU). 31. All tools entering SMU will be inspected and inventoried by the SMU officer prior to entering the housing unit. 32. The facility has a comprehensive security inspection policy. The policy specifies: • Posts to be inspected • Required inspection forms • Frequency of inspections • Guidelines for checking security features • Procedures for reporting weak spots, in-consistencies, and other areas needing improvement 33. Every officer is required to conduct a security check of his/her assigned area. The results are documented. IGSAs are only required to have a comprehensive security inspection policy. The bulleted sections of this component are only applicable to SPCs and CDFs. The facility's policy includes posts to be inspected, frequency of inspections, required documentation, guidelines for checking security features, and procedures for reporting problem areas. This component is only applicable for SPCs and CDFs. Officers at this facility conduct security checks of their assigned areas, but the checks are not documented. 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. This component is only applicable for SPCs and CDFs. The Administrative Sergeant is responsible for follow-up. 36. Tools being taken into the secure area of the facility are inspected and inventoried before entering and prior to departure. 27 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009700 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 2 – 7. FACILITY SECURITY AND CONTROL This Detention Standard protects the community, staff, contractors, volunteers, and detainees from harm by ensuring that facility security is maintained and that events that pose a risk of harm are prevented. Remarks 37. Storage and supply rooms; walls, light and plumbing fixtures, accesses, and drains, etc. undergo frequent, irregular searches. These searches 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. This facility has no perimeter alarm system. 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. FACILITY SECURITY AND CONTROL Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) Tours of most areas of the facility and interviews with the Administrative Sergeant and Deputy in charge of compliance were used to determine compliance. The facility has a system of area searches and inspections of security features and equipment addressed in facility policy. A procedure is used to ensure problem areas identified are quickly corrected. Documentation of security inspections is maintained at the facility. The Control Center is a restricted access area, and Control Center staff receives specialized training to perform the duties associated with the position. Vehicles are searched entering and leaving the facility and a log is maintained of required information. / November 3, 2011 Reviewer’s Signature / Date b6,b6, b7cb7c b6 b7c 28 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009701 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 1. Detainee funds and valuables are properly separated and stored. Detainee funds and valuables are accessible to designated supervisor(s) only. Detainee funds are properly stored and documented in accordance with this standard. Facility policy 8001.1, Initial Inventory, explains the process of securing detainee's funds. 2. Detainees’ large valuables are secured in a location accessible to designated supervisor(s) or processing staff only. Detainee valuables are secured in the property holding area with access limited to assigned staff. 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. b7e 5. For IGSAs and CDFs, Is the facility using a personal property inventory form that meets the ICE standard? The in-house personal property form meets the detention standard. 6. Staff gives the detainee the original inventory form, filing copies in the detainee’s detention file and the personal property container. This component is only applicable for SPCs and CDFs. The detainee receives the original inventory form and file copies are placed in the detention file and personal property container. 7. Staff forwards an arriving detainee’s medicine to the medical staff. 8. Staff searches arriving detainees and their personal property for contraband. 9. Property discrepancies are immediately reported to the Chief of Security or equivalent. 10. Staff follows written procedures when returning property to detainees. This component is only applicable for SPCs and CDFs. All property discrepancies are immediately reported to the Lieutenant or Captain. Facility policy 8008, Funds and Personal Property, explains the procedures for returning property to detainees. 11. CDF/IGSA facility procedures for handling detainee property claims are similar to the ICE standard. 29 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009702 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 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. 13. Staff obtains a forwarding address from each detainee. b7e 15. Staff issue and maintain property receipts (G-589s) in numerical order. This component is only applicable for SPCs and CDFs. The facility uses a local property form as a receipt. 16. Staff complete and distribute the G-589 in accordance with the ICE standard. This component is only applicable for SPCs and CDFs. The local property form is distributed in accordance with the ICE standard. 17. The processing officer records each G-589 issuance in a G589 logbook. The record includes the initials and star numbers of receipting officers. This component is only applicable for SPCs and CDFs. A log book is maintained on property that includes the Deputies' initials and badge numbers. 18. Staff tags large valuables with both a G-589 and an I-77. This component is only applicable for SPCs and CDFs. The facility uses a local property tag. 19. The supervisor verifies the accuracy of every G-589. This component is only applicable for SPCs and CDFs. The facility does not have a Supervisor verify accuracy. 20. The supervisor ensures that: This component is only applicable for SPCs and CDFs. Detainee funds are deposited in a large lock box. All property is placed in a property bag and sealed. All property envelopes containing valuables are sealed and placed in the lock box. All large valuable property is secured in the property room with limited access. • Detainee funds are, without exception, deposited into the cash box; • Every property envelope is sealed. • All sealed property envelopes are placed in the safe. • Large, valuable property is kept in the secured locked area. 30 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009703 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 21. Staff tags every baggage/facility container with an I-77, completed in accordance with the ICE standard. This component is only applicable for SPCs and CDFs. The facility uses a local property form. 22. Staff secures every container used to store property with a tamper-proof numbered strap. This component is only applicable for SPCs and CDFs. This facility does not use tamper-proof numbered straps to secure containers. All property is placed in a sealed plastic container and locked in a secure room. 23. A logbook records detainee name, A- number/detaineenumber, baggage-check/ I-77 number, security tie-strap number, property description, date issued and date returned. This component is only applicable for SPCs and CDFs. The facility records the detainee name, number, property receipt number, description, date issued, and date returned in the log. 24. In SPCs, the Supervisory Immigration Enforcement Agent, accompanied by a detention staff member conducts a comprehensive weekly audit. This component is only applicable for SPCs and CDFs. The facility in conjunction with ICE conducts quarterly audits. 25. The Facility Administrator has established quarterly audits of baggage and non-valuable property as facility policy, the audits occur each quarter and audits are verified and entered in the log. This component is only applicable for SPCs and CDFs. The facility assigns a supervisor to conduct quarterly audits of baggage and non-valuable property. All the audits are verified and entered into a log. 26. The facility positively identifies every detainee being released or transferred. This component is only applicable for SPCs and CDFs. Facility staff positively identifies all detainees being released or transferred. 27. Staff routinely informs supervisors of lost/damaged property claims. Claims are properly investigated and missing or damaged property claim reports are filed. The section of this component requiring staff to routinely inform supervisors of lost/damaged property claims is specific to SPCs and CDFs. All lost or damaged property is reported to a supervisor. All lost/damaged claims are investigated and documented. 31 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009704 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 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 A-file, retaining a copy in the detainee’s detention file. N/A Components Does Not Meet Standard Meets Standard PART 2 - 8. FUNDS AND PERSONAL PROPERTY This Detention Standard ensures that detainees’ personal property is safeguarded and controlled, specifically including funds, valuables, baggage and other personnel property, and that contraband does not enter a detention facility. Standard NA: (IGSA ONLY) Check this box if all ICE detainee Funds, Valuables and Property are handled only by the ICE Field Office or Sub-Office in control of the detainee case. Remarks This component is only applicable for SPCs and CDFs. The facility uses an Incident Report for documenting lost/damaged property. Copies of the report are maintained by the facility's Captain and placed in the detainee's A-file and detention file. The original is maintained with the facility's administration. PART 2 - 8. FUNDS AND PERSONAL PROPERTY Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) The facility receives, records, and maintains funds and personal property in accordance with the requirements of this detention standard. Observation of the property storage room and intake areas verified that property was properly documented and inventoried during booking. The facility had no cases of lost/damaged property of ICE-detainees during the rating period. b6, b6,b7c b7c b6, b7c/ November 3, 2011 Reviewer’s Signature / Date b6 b7c 32 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009705 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. This component is only applicable for SPCs and CDFs. The hold rooms are located on the first floor 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. The portion of this component requiring hold rooms be well ventilated, well lit, and that all activating switches are located outside the room is specific to SPCs and CDFs. The facility has 18 hold rooms that are all well ventilated and lit. Switches are all located outside the rooms. 3. The hold rooms contain sufficient seating for the number of detainees held. This component is only applicable for SPCs and CDFs. There is sufficient seating in each hold room. 4. No bunks/cots/beds or other related make shift sleeping apparatuses are permitted inside hold rooms. This component is only applicable for SPCs and CDFs. Each hold room contains a concrete bench integrated into the room for detainee seating. There is no other furniture or sleeping related articles in the hold rooms. 5. Hold room walls and ceilings are escape and tamper resistant. This component is only applicable for SPCs and CDFs. Hold rooms are tamper and escape resistant. 6. Detainees are not held in hold rooms for more than 12 hours. 7. Male and females detainees are segregated from each other at all times. The facility does not house female detainees. 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. There are toilet facilities in each hold room. 10. All detainees are given a pat down search for weapons or contraband before being placed in the hold room. 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. 33 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009706 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 12. (MANDATORY) There is a written evacuation plan. • There is a designated officer to remove detainees from the hold rooms in case of fire and/or building evacuation, or other emergency. N/A Does Not Meet Standard Components Meets Standard PART 2 – 9. HOLD ROOMS IN DETENTION FACILITIES This Detention Standard ensures the safety, security, and comfort of detainees temporarily held in Hold Rooms pending further processing. The maximum aggregate time an individual may be confined in a facility’s Hold Room is 12 hours. Remarks The section of this component requiring the written evacuation plan designate an officer to remove detainees from the hold rooms in case of fire and/or building evacuation, or other emergency is specific to SPCs and CDFs. The area Sergeant is responsible for evacuation of hold rooms during an emergency pursuant to the facility's evacuation plan. 13. An appropriate emergency service is called immediately upon a determination that a medical emergency exists. 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. This component is only applicable for SPCs and CDFs. The facility meets the space requirements. 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 component is only applicable for SPCs and CDFs; however, this facility satisfies all of the listed elements of this component. 16. In SPCs designed after 1998 the hold rooms have floor drain(s). This component is only applicable for SPCs and CDFs. There are no floor drains in the hold rooms at this facility. 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 component is only applicable for SPCs and CDFs. The doors to all hold rooms swing outward and comply with the specifications outlined in 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. There are no females or juveniles housed at this facility. Detainees over the age of 70 are placed in hold rooms if needed and closely monitored closely. 19. Minors (under 18) are confined apart from adults, except for immediate relatives or guardians. Juveniles not housed at this facility. 34 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009707 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 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. 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 The portion of this component that requires the log to include the required information specified in the standard is specific to SPCs and CDFs. Information is electronically entered and the log contains all information identified in the standard. 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 detainees in the hold rooms that have been there for six hours. Females and juveniles are not held at this facility. 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. Occupancy posting is clearly visible. 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. This is a smoke free 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. PART 2 – 9. HOLD ROOMS IN DETENTION FACILITIES Meets Standard Does Not Meet Standard N/A Repeat Finding 35 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009708 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 Remarks: (Record significant facts, observations, other sources used, etc.) Detainee’s placement in hold rooms at this facility is very limited. No detainee is placed in the hold rooms for more than 12 hours and most placements don't exceed more than six hours. Interviews with staff working in the intake area and the Compliance Deputy, observation of detainee placements and related documentation and inspection of hold rooms were used to determine compliance. / November 3, 2011 Reviewer’s Signature / Date b6,b6, b7cb7c b6 b7c 36 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009709 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. Both the Master Locksmith and the Journeyman Locksmith have attended an approved training program. 2. The security officer, or equivalent, has responsibility for all administrative duties and responsibilities relating to keys, locks etc. 3. The security officer, or equivalent, provides training to all employees in key and lock control. 4. The security officer, or equivalent, maintains inventories of all keys, locks and locking devices. All key and lock inventories are documented on the computer in the key control office. 5. The security officer follows a preventive maintenance program and maintains all preventive maintenance documentation. All preventative maintenance is conducted by the Locksmiths assigned to Research and Development. 6. Facility policies and procedures address the issue of compromised keys and locks. 7. The security officer, or equivalent, develops policy and procedures to ensure safe combinations 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. The access to the safes is restricted to two Deputies. 10. The facility does not use grand master keying systems. 11. All worn or discarded keys and locks cut up and properly disposed of. 12. Padlocks and/or chains are not used on cell doors. 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. The key board is located in the Control Center. 37 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009710 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 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 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 The key rings are welded and have a key tag which indicates the key ring number and the number of keys on the ring. 16. Emergency keys are available for all areas of the facility. 17. The facility uses a key accountability system. 18. Authorization is necessary to issue any restricted key. A Lieutenant or Watch Commander must approve issuance of restricted key ring. 19. Individual gun lockers are provided. Gun lockers are located where they are under direct supervision and not accessible to detainees or the public. • They are located in an area that permits constant officer observation. • In an area that does not allow detainee or public access. 20. The facility has a key accountability policy and procedures to ensure key accountability. The keys are physically counted daily. The requirement for the keys to be physically counted daily is specific to SPCs and CDFs. This facility conducts an inventory at the beginning of each shift and the Watch Commander verifies and signs the key count. 21. All staff members are trained and held responsible for adhering to proper procedures for the handling of keys. The bulleted items in this component are only required for SPCs and CDFs. Facility staff are trained and held responsible for key procedures. Issued keys must be returned immediately if inadvertently taken from the facility; missing keys must be reported immediately; and detainees are never permitted to handle staff 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. 23. Each facility has the position of Security Officer. If not, a staff member appointed the collateral duties of security officer. 24. The designated key control officer is the only employee who is authorized to add or remove a key from a ring. This component is only applicable for SPCs and CDFs. Fire/Life Safety staff is the only persons authorized to add or remove keys from a facility ring. 38 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009711 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. 25. The splitting of key rings into separate rings is not authorized. Remarks This component is only applicable for SPCs and CDFs. The facility does not allow key rings to be split into separate rings. PART 2 – 10. KEY AND LOCK CONTROL Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) The facility has properly trained locksmiths on staff responsible for all keys and locks. The facility has a key control policy and trains staff on proper key control procedures. Keys and locks are properly inventoried and documented. Key checks are conducted and verified on each shift. The facility's key board is located in the Control Center. Emergency keys are available for all areas in the facility. This inspector interviewed both Deputies assigned to key control and the Senior Deputy assigned to the Control Center; reviewed facility policy and key inventories to determine compliance with this detention standard. / November 3, 2011 Reviewer’s Signature / Date b6,b6, b7cb7c b6 b7c 39 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009712 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 conducts a formal count at least once each 8 hours (no less than three counts per day). At least one of these counts shall be a face to photo count. 2. Activities cease or are strictly controlled while a formal count is being conducted. This component is only applicable for SPCs and CDFs. All movement ceases during the count. 3. There is a system for counting each detainee, including those who are outside the housing unit. This component is only applicable for SPCs and CDFs. The facility has a count system in place that accounts for all detainees inside and outside the housing unit. 4. Formal counts in all units take place simultaneously. This component is only applicable for SPCs and CDFs. The facility conducts counts simultaneously. 5. Officers do not allow detainee participation in the count. This component is only applicable for SPCs and CDFs. The facility allows no detainee participation in the count process. 6. A face-to-photo count follows each unsuccessful recount. This component is only applicable for SPCs and CDFs; however, at this facility a face-to-photo count follows each unsuccessful recount. 7. Officers positively identify each detainee before counting him/her as present. This component is only applicable for SPCs and CDFs; however, at this facility officers positively identify each detainee before counting as present. 8. Written procedures cover informal and emergency counts. 9. The control officer (or other designated position) maintains an “out-count” record of all detainees temporarily out of the facility. 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. PART 2 – 11. POPULATION COUNTS Meets Standard Does Not Meet Standard N/A Repeat Finding 40 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009713 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 Remarks: (Record significant facts, observations, other sources used, etc.) Two inspectors observed the 10:00 AM count during the inspection. The Count Deputy was extremely thorough and proficient in his duties and the count cleared at 10:37 AM with a count of 2,956. Staff interviews, review of written procedures, and observations of count practices revealed the facility is meeting the requirements of this detention standard. / November 3, 2011 Reviewer’s Signature / Date b6,b6, b7cb7c b6 b7c 41 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009714 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. 2. In SPCs and CDFs, Post Orders are arranged in the required six-part folder format. This component is only applicable for SPCs and CDFs. The facility does not have the post orders arranged in a six part folder format. 3. Each set contains the latest inserts (emergency memoranda, etc.) and revisions. 4. One individual or department is responsible for keeping all Post Orders current with revisions that take place between reviews. The Compliance Deputy is responsible for keeping post orders current with revisions taking place between reviews. 5. Review, updating, and reissuing of Post Orders occurs regularly and at least annually. The last update of post orders was September 29, 2011. 6. The facility administrator authorizes all Post Order changes. 7. The facility administrator has signed and dated the last page of every section. This component is only applicable for SPCs and CDFs. The post orders are signed by the Administrative Lieutenant per delegation from the Facility Commander on the front page. 8. A Post Orders master file is available to all staff. 9. Procedures keep Post Orders and logbooks secure from detainees at all times. 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. 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. This component is only applicable for SPCs and CDFs. The facility does not require staff to sign the post orders each time they assume a new post. The facility does not require staff to read, sign and date post orders. 13. Anyone assigned to an armed post qualifies with the post weapons before assuming post duty. b7e 42 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009715 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 15. Post Orders for armed posts provide instructions for escape attempts. 16. The Post Orders for housing units track the daily event schedule. This component is only applicable for SPCs and CDFs. The post orders for the housing units tracks the detainee activity schedule. 17. Housing unit post officers record all detainee activity in a log. The Post Orders include instructions on maintaining the logbook. This component is only applicable for SPCs and CDFs. Facility housing unit officers record detainee activity. Post orders include instructions on maintaining a log. PART 2 – 12. POST ORDERS Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) Interviews were conducted with the Compliance Sergeant and several posts were inspected. While not required of an IGSA, the facility does not require staff to sign that they have read the post orders for their assigned post. As a result, the facility would not have documentation that staff assuming posts fully understand the routine or emergency requirements of the post. The post orders are well written and comprehensive and all staff has access to them. Based on this inspector's review, the facility is in compliance with this standard. / November 3, 2011 Reviewer’s Signature / Date b6,b6, b7cb7c b6 b7c 43 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009716 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. 1. There are written policy and procedures governing searches of housing areas, work areas and of detainees. Remarks Facility policy 8013, Searches of Detainees, addresses searches of housing areas, work areas, and detainees. 2. Written policy and procedures require staff to employ the least intrusive method of body search practicable, as indicated by the type of contraband and the method of suspected introduction or concealment. 3. Written policy and procedures require staff to avoid unnecessary force during searches and to preserve the dignity of the detainee being searched, to the extent practicable. 4. Written policy and procedures require staff to leave a searched housing area, work area and detainee property in its original order, to the extent practicable. 5. Detainees are pat searched and screened by metal detectors routinely to control contraband. 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. 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. 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 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. Whenever serious contraband is found that would violate a criminal statute, the contraband is inventoried and placed in evidence bags. The Deputy discovering the contraband is responsible for transporting the evidence to the Sheriff's Office Headquarters and logging it into contraband storage. 10. Canines are not used in the presence of detainees Facility policy 8006, Contraband, states that detainees would be removed from an area before canines were used. This facility no longer utilizes canines. PART 2 – 13. SEARCHES OF DETAINEES 44 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009717 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 facility policies, interviewed a Deputy and observed shakedowns/searches in the intake area. All searches observed were conducted according to appropriate procedures. Based on this inspector's review, the facility is in compliance with the detention standard. / November 3, 2011 b6 b7c Reviewer’s Signature / Date b6 b7c 45 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009718 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. Written facility policy addressing the program provides compliance for this component. 2. For SPCs and CDFs, the written policy and procedure has been approved by the Field Office Director. This component is only applicable for SPCs and CDFs. The written policy and procedures have not been approved by the Field Office Director. 3. Tracking statistics and reports are readily available for review by the inspectors. This component is only applicable for SPCs and CDFs. As there have been no reported occurrences, there are no tracking statistics to report; however, there is a spreadsheet tracking system in place that could be provided. 4. All staff is trained, during orientation and in annual refresher training, in the prevention and intervention areas required by the Detention Standard. Written policy and procedures require all staff to receive initial and annual training. A random review of training files indicated compliance with both facility policy and the detention standard. 5. Detainees are informed about the program in facility orientation and the detainee handbook (or equivalent). Written facility policy requires notification to detainees during facility orientation through an orientation video and the detainee handbook. A review of the video and handbook indicated compliance with both facility policy and the detention standard. 6. The Sexual Assault Awareness Notice is posted on all housing unit bulletin boards. A tour and inspection of four separate housing units indicated the notice was posted in each. 7. The Sexual Assault Awareness Information brochure is available for detainees. (Required in SPCs and CDFs.) This component is only applicable for SPCs and CDFs. As reported by the Program Coordinator, the ICE Supervisory Detention and Deportation Officer (SDDO) indicated detainees are not provided a brochure. 8. Detainees are screened upon arrival for “high risk” sexual assaultive and sexual victimization potential and housed and counseled accordingly. Facility policy requires that detainees be screened for "high risk" upon arrival to the facility. Interviews with staff indicated compliance. 46 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009719 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 9. 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 All incidents of sexual abuse or assault by a detainee on a detainee have been documented in the past year. At the time of the inspection, it was reported there have been no incidents this past year. Written policy requires any incident be documented. Observation indicated there is a system in-place to document an incident. 10. All incidents or allegations of sexual abuse or assault by staff on a detainee have been documented in the past year. At the time of the inspection, it was reported there have been no incidents this past year. Observation indicated there is a system in-place to document and track any incident. 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 clearly outlines the required action and intervention in the event of an incident. 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. During the past year, there have been no incidents; therefore, there were no investigations. Written facility policy clearly details the requirements in the event of an incident. 13. When there is an alleged or proven sexual assault, the required notifications are promptly made. Written facility policy provides the authority for compliance with this component. 14. Victims of sexual abuse or assault are referred to specialized community resources for treatment and gathering of evidence. Written facility policy provides the authority for compliance with this component. 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. The facility has named a designated staff coordinator that has developed an electronic log and tracking system. SEXUAL ABUSE AND ASSAULT PREVENTION AND INTERVENTION Meets Standard Does Not Meet Standard N/A Repeat Finding 47 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009720 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 Remarks: (Record significant facts, observations, other sources used, etc.) Based on a review of policy and procedures, training curriculum and files, orientation video and detainee handbook, electronic log and tracking system, and staff interviews, it was determined that the facility is in compliance with the requirements of the standard. The facility has named a Program Coordinator that has developed an electronic log and statistical tracking system. As reported by the Program Coordinator, the ICE SDDO stated ICE detainees are not provided the Sexual Assault Awareness Information brochure. The program coordinator reported there have been no incidents of sexual assault or abuse this past year. / November 3, 2011 b6 b7c Reviewer’s Signature / Date b6 b7c 48 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009721 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. Facility policy 8015, Special Management Units, provides procedures for administrative and disciplinary segregation. 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. Facility policy 8015.1, Administrative Segregation, describes procedures for placing a detainee in administrative segregation. All detainees placed in administrative segregation have documentation that the placement was warranted and no reasonable alternatives are available. 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 “High-Moderate” level, as defined in the Detention Standard on Disciplinary System. Detainees placed in disciplinary segregation are provided a hearing by a disciplinary panel as defined by the ICE standard 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. The facility's health care staff is immediately notified when a detainee is placed in SMU. 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. Facility policy 8007.4.3, Special Management Units, Contraband, Tools, and Food Service, documents the procedures listed in this component. 6. The number of detainees confined to each cell or room does not exceed the capacity for which it was designed. The facility only single cells ICE detainees. 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. 49 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009722 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 The portion of this component requiring the SMU log to have 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 the date released recorded is specific to SPCs and CDFs. The facility maintains a permanent log in the SMU to record all activities including meals served, recreation, and visitors. The facility logs all information identified in this component. 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 component is only applicable for SPCs and CDFs. The facility maintains a log with only the signatures of staff visiting the SMU. 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. IGSAs are only required to have a Special Management Housing Unit Record maintained on each detainee in the SMU, and this is to be recorded on an I-888 or comparable form. All the other bulleted items are only applicable to SPCs and CDFs. The facility uses a local form comparable to form I-888. Staff also maintains SMU records of all information listed in this component. 50 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009723 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 2 – 15. SPECIAL MANAGEMENT UNITS This Detention Standard protects detainees, staff, contractors, volunteers, and the community from harm by segregating certain detainees from the general population in Special Management Units (SMUs) with an Administrative Segregation section for detainees segregated for administrative reasons and a Disciplinary Segregation section for detainees segregated for disciplinary reasons. Remarks 12. Upon a detainee’s release from the SMU, the releasing officer attaches the entire housing unit record to the Administrative Segregation Order or Disciplinary Segregation Order and forwards it to the Supervisor for inclusion in the detainee’s detention file. This component is only applicable for SPCs and CDFs. Facility staff forwards the administrative and disciplinary segregation order attached to the housing unit record to the Supervisor for inclusion in the detainee's detention file. 13. There are written policy and procedures concerning the property detainees may retain in each type of segregation. Facility policy 8015, Supervision and Checks, lists property that may be retained in segregation. 14. There are written policy and procedures concerning privileges detainees may have in each type of segregation. (In Administrative Segregation, detainees generally receive the same general privileges as detainees in the general population, as is consistent with available resources and safety and security considerations.) Facility policy 8015, Supervision and Checks, explains privileges for detainees in segregation. Detainees in administrative segregation receive the same general privileges as those in 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). 17. The shift supervisor sees each segregated detainee daily, including weekends and holidays. 18. The facility administrator (or designee) visits each 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 I888). IGSAs are only required to have a health care provider visit each detainee in the SMU at least three times per week and detainees are provided any medications prescribed to them. The facility health care staff visits and questions every detainee at least once a shift. Medications prescribed for detainees are provided. Action taken is documented in the medical file and the visit is recorded in the SMU housing unit record. 51 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009724 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 20. Detainees in SMUs are provided three nutritionally adequate meals per day, ordinarily from the general population menu. 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 are allowed to shower and shave daily. They also receive the same basic services as those in 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. Detainees needing mental health treatment are transferred to the Orange County Intake/Release Center. 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. 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. This component is only applicable for SPCs and CDFs. Detainees in protective custody, including 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 component is only applicable for SPCs and CDFs. Violent and disruptive detainees are limited to non-contact visits. If there are security concerns, they are not permitted to visit. 52 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009725 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. Detainees 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. The facility does not have procedures established for special security requirements for legal visits. 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 soft-bound, nonlegal books on a rotating basis, provided no detainee has more than two books (excluding religious material) at any one time. 34. Detainees in SMUs have access to legal materials, in accordance with the Detention Standard on Law Libraries and Legal Material. Detainees are 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. 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. 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. The facility has a procedure for denying law library access that meets the requirements of this component. No denials have occurred during the rating period. 38. Recreation for detainees in the SMU is separate from the general population. 53 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009726 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 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.) Facility policy addresses separation requirements for detainees within the SMU during activities. 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 are provided the opportunity to recreate at least one hour a day, five days a 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. 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. 54 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009727 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 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. N/A Does Not Meet Standard Components Meets Standard PART 2 – 15. SPECIAL MANAGEMENT UNITS This Detention Standard protects detainees, staff, contractors, volunteers, and the community from harm by segregating certain detainees from the general population in Special Management Units (SMUs) with an Administrative Segregation section for detainees segregated for administrative reasons and a Disciplinary Segregation section for detainees segregated for disciplinary reasons. Remarks Detainees in administrative segregation have the same general telephone privileges as those in general population. Detainees in disciplinary segregation normally receive the same general privileges as those in general population also. If a restriction does occur, the detainee is permitted to make direct and/or free legal calls, unless compelling and documented concerns for facility safety and security are evident. 45. Ordinarily, a written order is completed and approved by a supervisor before a detainee is placed in Administrative If exigent circumstances make that Segregation. 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.) 55 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009728 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. 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 Facility policy for administrative segregation includes procedures for reviews of continued administrative segregation at the stipulated intervals. Detainee interviews occur as required and each review is documented with a decision and justification. A copy of the decision and justification for each review is given to the detainee. The detainee is provided 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. 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. 56 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009729 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 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. 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 The Field Office Director (FOD) is notified if a detainee is going to be held in administrative segregation for more than 30 days. There were no documented cases of a detainee being held more than 30 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. 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. 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. 57 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009730 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. 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. Remarks Facility policy for disciplinary segregation includes procedures for reviews of continued disciplinary segregation at the stipulated intervals. Each review is documented with a decision and justification, and detainees are provided a copy of the reviewing officer's decision and justification. 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.) This facility's segregation policies and the procedures and documentation used in the SMU were found to be compliant with the requirements of the detention standard. ICE detainees placed in administrative or disciplinary segregation are provided a report outlining the reasons for segregation. All ICE detainees placed in disciplinary segregation are given a fair and impartial hearing. A copy of the hearing results are given to the ICE detainee. Most ICE detainees requiring SMU placement at this facility are normally transferred to another facility. The facility has a regular review system to ensure continued confinement in segregation is reconsidered at the prescribed intervals. Health care and supervisory staff has daily contact with detainees in segregation. b6, b6,b7c b7c b6, b7c/ November 3, 2011 Reviewer’s Signature / Date b6 b7c 58 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009731 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 announced and unannounced visits occur. weekly 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 On-site ICE staff conducts weekly announced and unannounced visits. 2. Detention Staff and Deportation Staff conduct scheduled weekly visits with detainees. 3. Scheduled visits are posted in ICE/DRO detainee housing areas. 4. Visiting ICE staff observes and note current climate and conditions of confinement. ICE staff documents their weekly visits on the Facility Liaison Visit Checklist. 5. ICE/DRO Detainee Request Forms are available for use by ICE/DRO detainees. 6. The facility treats detainee correspondence to ICE/DRO staff as Special Correspondence. 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, 9. ICE/DRO staff responds to a detainee request from a facility within 72 hours and document the response in a log. ICE staff usually responds to detainee requests within 24 hours, but no later than 72 hours. A log book is maintained. 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. The detainee handbook has a section advising detainees of their right to correspond with ICE. 11. OIG Hotline Informational Posters are mounted in all appropriate common areas (recreation, dining, etc.) and, in SPCs and CDFs, in all housing areas. 12. Daily telephone serviceability checks are documented in the housing unit logbook. Facility and ICE staff conducts daily service checks on all detainee telephones. The checks are logged in the housing unit log book. PART 2 – 16. STAFF-DETAINEE COMMUNICATION Meets Standard Does Not Meet Standard N/A Repeat Finding 59 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009732 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 Remarks: (Record significant facts, observations, other sources used, etc.) Inspection included an interview with the SDDO and detainees; and review of facility policy, a log book, the Facility Liaison Visit Checklists, and housing unit postings. Based on this inspector's review, the facility is in compliance with this detention standard. / November 3, 2011 b6 b7c Reviewer’s Signature / Date b6 b7c 60 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009733 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 Administrative Sergeant is the staff person responsible for implementing the tool control policy. 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 site-specific procedures, for example; storing tools at the rear sally port until picked up and receipted by the tool control officer. The tool control officer immediately places certain tools (band saw blades, files and all restricted tools) in secure storage. This component is only applicable for SPCs and CDFs. The warehouse is located outside the secure perimeter; however, the shop is located inside. Tools are replaced and moved inside the facility from the outside warehouse after appropriate paperwork and forms are completed. 3. (MANDATORY) The use of tools, keys, medical equipment, and culinary equipment is controlled. Tools located in medical, food service, and the shops are controlled very efficiently. The tools are accounted for daily and documented. 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. This component is only applicable for SPCs and CDFs. Metal chits are used by maintenance staff when issued tools. 5. Tool inventories are required for: • Facility Maintenance Department • Medical Department • Food Service Department • Electronics Shop • Recreation Department Written procedure address inventory requirements and the departments listed all have up to date inventories. • 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. This component is only applicable for SPCs and CDFs. This facility has inventories posted in all tool storage areas. • The policy sets minimum time lines for physical inventory and all necessary documentation. • ICE facilities use AMIS bar code labels when required. 61 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009734 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 8. The facility has a tool classification system. Tools are classified according to: • Restricted (dangerous/hazardous) • Non Restricted (non-hazardous). 9. Department heads are responsible for implementing proper tool control procedures as described in the standard. N/A Does Not Meet Standard Components Meets Standard PART 2-17. TOOL CONTROL This Detention Standard protects detainees, staff, contractors, and volunteers from harm and contributes to orderly facility operations by maintaining control of tools, culinary utensils, and medical and dental instruments, equipment, and supplies. Remarks The bulleted portions of this component requiring tools are specifically classified as Restricted and Non Restricted is specific to SPCs and CDFs. The facility classifies tools as restricted and non-restricted; however, all tools in the shop are considered restricted. This component is only applicable for SPCs and CDFs. Written procedure addresses this requirement. 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. IGSAs are only required to have an approved tool storage system that ensures all stored tools are accountable and that commonly used tools (tools that can be mounted) are stored in a way that missing tools can easily be noticed. The facility complies with all bulleted elements of this component. 12. Tools removed from service have their shadows removed from shadow boards. This component is only applicable for SPCs and CDFs. Shadows are removed when tools are removed from service. 13. Tools not adaptable to a shadow board are stored in a locked drawer or cabinet. This component is only applicable for SPCs and CDFs. Tools not placed on a shadow board are stored and secured properly. 14. Sterile packs are stored under lock and key. This component is only applicable for SPCs and CDFs. Sterile packs are in locked storage at this facility. 15. Each facility has procedures for the issuance of tools to staff and detainees. 62 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009735 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 2-17. TOOL CONTROL This Detention Standard protects detainees, staff, contractors, and volunteers from harm and contributes to orderly facility operations by maintaining control of tools, culinary utensils, and medical and dental instruments, equipment, and supplies. Remarks 16. There are policies and procedures to address the issue of lost tools. The policy and procedures include: • 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. 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. 19. Hoses longer than three feet in length are classified as a restricted tool. This component is only applicable for SPCs and CDFs. Hoses longer than three feet are considered restricted tools. 20. Scissors used for in-processing detainees are tethered to the furniture (e.g. table, counter, etc.) where they are used. This component is only applicable for SPCs and CDFs. This facility does not utilize scissors for inprocessing detainees. PART 2-17. TOOL CONTROL Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) Written policy was reviewed and the Tool Control Sergeant and an officer were interviewed. Based on this inspector's review, the facility is in compliance with this detention standard. This facility has written tool control procedures, accurate tool inventories, appropriate tool storage practices and necessary documentation requirements related to tool use, inventory, storage, distribution and disposal. / November 3, 2011 Reviewer’s Signature / Date b6,b6, b7cb7c b6 b7c 63 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009736 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 1. (MANDATORY) The facility has a Use of Force Policy. 2. Written policy authorizes staff to respond in an immediateuse-of-force situation without a supervisor’s presence or direction. 3. When the detainee is in an area that is or can be isolated (e.g., a locked cell, a range), posing no direct threat to the detainee or others, policy requires that staff must try to resolve the situation without resorting to force. 4. Written policy asserts that calculated rather than immediate use of force is feasible in most cases. 5. The facility subscribes to the prescribed Confrontation Avoidance Procedures. • Ranking detention official, health professional, and others confer before every calculated use of force. 6. When a detainee must be forcibly moved and/or restrained and there is time for a calculated use of force, staff uses the Use-of-Force Team Technique. • N/A Does Not Meet Standard Components Meets Standard PART 2 – 18. USE OF FORCE AND RESTRAINTS This Detention Standard authorizes staff to use necessary physical force, after all reasonable efforts to otherwise resolve a situation have failed, and only for protection of self, detainees, or others, for prevention of escape or serious property damage, or to maintain the security and orderly operation of the facility. Remarks The facility has a very well written and comprehensive use of force policy. Facility policy addresses planning and calculated use of force. An Emergency Response Team is utilized at this facility. Under staff supervision. 7. Staff members are trained in the performance of the Useof-Force Team Technique. 8. All use-of-force incidents are documented and reviewed. 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. 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 non-confrontational means, including verbal persuasion, have failed or are impractical. 64 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009737 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 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). The facility has a well written policy that ensures use of force teams follow written procedures designed to prevent injury and exposure to disease. 13. Standard procedures associated with using four/five point restraints include: • Soft (nylon/leather) restraints. • Dressing 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." detainee appropriately for the 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. 15. All detainee checks are logged. This facility does not utilize four/five point restraints and does not utilize a restraint chair. The facility does not utilize four/five point restraints. The facility does not utilize four/five point restraints. 16. In immediate-use-of-force situations, officers contact medical staff once the detainee is under control. 17. When the Facility Administrator authorizes use of non-lethal weapons: • Medical staff is consulted before staff use pepper spray/non-lethal weapons. • Medical staff reviews the detainee's medical file before use of a non-lethal weapon is authorized. 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. 19. If Intermediate Force Weapons are stored in the Special Management Unit (SMU), they are stored and maintained the same as Class R tools. There are no intermediate force weapons stored in the SMU. 65 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009738 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 20. Special precautions are taken when restraining pregnant detainees. • 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 There are no female detainees held at this facility. Medical personnel are consulted 21. Protective gear is worn when restraining detainees with open cuts or wounds. 22. Staff documents every use of force, including what type of restraints was used during the incident. 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, confrontationavoidance techniques and the use of force to control detainees. • Training is conducted at the academy and during annual inservice. Specialized training is given to officers ensuring they are certified in all devices approved for use. b7e 27. The officers are thoroughly trained in the use of soft and hard restraints. 28. In SPCs, the Use of Force form is used. In other facilities (IGSAs / CDFs) this form or its equivalent is used. The requirement to use the "Use of Force Form" is specific to SPCs. The facility utilizes the proper forms to document force. PART 2 – 18. USE OF FORCE AND RESTRAINTS Meets Standard Does Not Meet Standard N/A Repeat Finding 66 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009739 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 Remarks: (Record significant facts, observations, other sources used, etc.) The inspector interviewed two Sergeants and two deputies and reviewed the Use of Force policy in examination of this facility's practices. The facility does not utilize a restraint chair or soft restraints (four or five point). b7e OC is the only chemical utilized at this facility. This facility's practices show that force is used only after other attempts to gain the detainee's cooperation has failed. Use of force protects staff and detainees from injury or exposure to communicable diseases. The use of carotid or choke holds is not an authorized method of control at this facility. b6, b7c / November 3, 2011 Reviewer’s Signature / Date b6, b7c 67 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009740 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 Performance-Based National Detention Standards Section III ORDER 19 Disciplinary System 68 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009741 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. 2. The facility rules state 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. Prohibition of these sanctions is addressed in the written procedure and detainee handbook. These rules are addressed in orientation and are posted in the housing units in English and Spanish. 5. The following items are conspicuously posted in Spanish and English or other dominate languages used in the facility: • Rights and Responsibilities • Prohibited Acts • Disciplinary Severity Scale • Sanctions 6. When minor rule violations or prohibited acts occur, informal resolutions are encouraged. 7. Incident Reports and Notice of Charges are promptly forwarded to the designated supervisor. This component is only applicable for SPCs and CDFs. This facility notifies the Sergeant immediately. 8. Incident Reports are investigated within 24 hours of the incident. The Unit Disciplinary Committee (UDC) or equivalent does not convene before investigations end. 9. An intermediate disciplinary process is used to adjudicate minor infractions. 69 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009742 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 10. A disciplinary panel (or equivalent in IGSAs) adjudicates infractions. The panel: • Conducts hearings on all charges and allegations referred by the UDC • Considers written reports, statements, physical evidence, and oral testimony • Hears pleadings by detainee and staff representative • Bases its findings on the preponderance of evidence • Imposes only authorized sanctions 11. A staff representative is available if requested for a detainee facing a disciplinary hearing 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. The facility never places ICE detainees in disciplinary segregation for a period longer than 30 days. 14. Written procedures govern the handling of confidentialsource information. Procedures include criteria for recognizing "substantial evidence". 15. All forms relevant to the incident, investigation, committee/panel reports, etc., are completed and distributed as required. PART 3 – 19. DISCIPLINARY SYSTEM Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) This inspector reviewed several detention files containing both major and minor offenses. This inspector interviewed a Disciplinary Supervisor and the Compliance Deputy. Based on this inspectors review, the facility is in compliance with this detention standard. / November 3, 2011 Reviewer’s Signature / Date b6,b6, b7cb7c b6 b7c 70 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009743 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 71 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009744 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 4 – 20. FOOD SERVICE This Detention Standard ensures that detainees are provided a nutritionally balanced diet that is prepared and presented in a sanitary and hygienic food service operation. Remarks 1. The food service program is under the direct supervision of a professionally trained and certified Food Service Administrator (FSA). The Responsibilities of cooks and cook foremen are in writing. The FSA determines the responsibilities of the Food Service Staff. The facility's food service program is under direct supervision of a Food Service Manager. He has 28 years of experience and is a certified Food Service Administrator. He is also ServSafe certified. 2. The Cook Foreman is on duty on days when the FSA is off duty and vice versa. The facility's Chief Cook is always on duty during the absence of the Food Service Manager. 3. The FSA provides food service employees with training that specifically addresses detainee-related issues. In ICE Facilities this includes a review of the "Food Service" standard 4. (MANDATORY) Knife cabinets close with an approved locking device and the on-duty cook foreman maintains control of the key that locks the device. Knives and keys are inventoried and stored in accordance with the Detention Standard on Tool Control The knife cabinet is located in the Cook Supervisor's office. The cabinet is metal and secured with a padlock. Only the on duty Cook Supervisors have access and issue knives. The facility maintains an accurate inventory of all knives. The knives and keys are inventoried and stored in accordance with this standard. 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 The section of this component requiring staff to monitor the condition of knives and dining utensils is specific to SPCs and CDFs. All knives are securely fastened to a metal table when in use. The tables are located in a secure room and staff maintains constant supervision. The cook supervisors monitor the condition of knives and dining utensils. 6. Special procedures (when necessary) govern the handling of food items that pose a security threat. 7. Operating procedures include daily searches (shakedowns) of detainee work areas. Daily searches are conducted by Deputies and food service supervisory staff. 8. The FSA monitors staff implementation of the facility population count procedures. These procedures are in writing. Staff is trained in count procedures. All counts within the kitchen are conducted by Deputies. The food service staff is not involved in facility counts. All food service employees receive three months training, including detainee related issues. 72 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009745 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 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. 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 All detainee workers are monitored by staff prior to beginning work each day. There is adequate health protection for all detainees and staff within the facility. Detainees working in food service comply with the ICE standard pertaining to grooming and clothing. 10. The FSA annually reviews detainee-volunteer job descriptions to ensure they are accurate and up-to-date. The Food Service Manager completes an annual review of all job descriptions. 11. The Cook Foreman or equivalent instructs newly assigned detainee workers in the rules and procedures of the food service department. The Chief Cook trains newly assigned detainee workers on the rules and procedures of the food service department. The detainees then sign indicating that this process was completed. 12. During orientation and training session(s), the Cook Supervisor (CS) explains and demonstrates: • Safe work practices and methods. • Safety features of individual products/ pieces of equipment. • Training covers the safe handling of hazardous material[s] the detainee are likely to encounter in their work. 13. The Cook Foreman documents all training in individual detainee detention files. All training documents are in the individual detainee's 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 portion of this component requiring detainees be paid in accordance with the "Voluntary Work Program" standard is specific to SPCs and CDFs. All detainees working in the food service are paid in accordance with the Voluntary Work Program Standard. Detainees are being paid in accordance with local and state regulations. 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. The facility serves a hot meal during the morning and evening meals. The noon meals are cold bag lunches. The facility's feeding schedule is in accordance with this standard and no more than 14 hours elapses between the last meal served and the first meal of the following day. 73 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009746 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 16. For cafeteria-style operations, a transparent "sneeze guard" protects both the serving line and salad bar line. The facility utilizes a blind feeding line in the cafeteria. The facility does not have serving or salad bar lines accessible to detainees. 17. The facility has a standard 35-day menu cycle. IGSAs use a 35 day or similar system for rotating meals. The section of this component requiring a 35-day menu cycle is specific to SPCs and CDFs. The facility uses a 28 day menu cycle for rotating meals. 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 Orange County Dietitian completes a nutritional analysis in accordance with this component. 19. The FSA has established procedures to ensure that items on the master-cycle menu are prepared and presented according to approved recipes. 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 21. All staff and volunteers know and adhere to written "food preparation" procedures. The Food Service Manager and Cook Foreman have the authority to change menu items if necessary. A log is maintained for menu changes with all items being changed documented and justified. All staff and volunteers adhere to written food preparation procedures and sign that they understand those procedures. 74 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009747 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 4 – 20. FOOD SERVICE This Detention Standard ensures that detainees are provided a nutritionally balanced diet that is prepared and presented in a sanitary and hygienic food service operation. Remarks 22. A Common Fare menu available to detainees, at no charge, whose dietary requirements cannot be met on the main. • Changes to the planned Common Fare menu can be made at the facility level. • Hot entrees are offered three times a week. • The Common Fare menus satisfy nutritional recommended daily allowances (RDAs). • Staff routinely provides hot water for instant beverages and foods. o Common Fare meals are served with: o Disposable plates and utensils. o Reusable plates and utensils. • The facility provides a common fare menu to all detainees at no charge and in accordance with all of the bulleted requirements listed. 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. Detainees requesting religious meals are referred to the Food Service Manager. 24. A supervisor at the command level must approve a detainee’s removal from the Common Fare Program. The facility's Food Service Manager must approve a detainee’s removal from the Common Fare Program. 25. The Facility Administrator, in conjunction with the chaplain and/or local religious leaders provides the FSA a schedule of the ceremonial meals for the following calendar year. 26. The Common Fare Program accommodates detainees abstaining from particular foods or fasting for religious purposes at prescribed times of the year. • Muslims fasting during Ramadan receive their meals after sundown. • Jews who observe Passover but do not participate in the Common Fare Program receive the same Kosherfor- Passover meals as those who do participate. • Main-line offerings include one meatless meal (lunch or dinner) on Ash Wednesday and Fridays during Lent. 27. The food service program addresses medical diets. Medical Diets are ordered and approved in conjunctions with the medical department and the Food Service Manager. 28. Satellite-feeding programs follow guidelines for proper sanitation. 29. Hot and cold foods are maintained at the prescribed, "safe" temperature(s) as served. See Detention Standard on Food Service for guidance. The evening meal was observed and it was found that appropriate temperatures were maintained in accordance with this standard. 75 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009748 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 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. The facility has a training program for detainees that include all of the bulleted topics listed in this component. 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 a policy that implements procedures for the administrative, medical, and/or dietary personnel to conduct weekly inspections of all food service areas, including dining, storage, equipment, and food prep areas. Weekly and daily inspection reports were reviewed and were comprehensive in accordance with this standard. 35. Reports of discrepancies are forwarded to the Facility Administrator or designated department head and corrective action is scheduled and completed. 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. Temperature checks of all dishwashing machines after each meal is completed and recorded in accordance with this standard. 37. (MANDATORY) Staff documents the results of every refrigerator/ freezer temperature check, in accordance with the Detention Standard on Food Service. All refrigerator/freezer temperature checks are completed several times a day and recorded in a logbook. The temperature checks are made in accordance with this standard. 38. The cleaning schedule for each food service area is conspicuously posted. 39. Procedures include inspecting all incoming food shipments for damage, contamination, and pest infestation. All incoming food shipments are inspected by the Warehouse Worker I for damage, contamination, and pest infestation. 40. Storage areas are locked when not in use. 41. Food service personnel conduct shakedowns along with detention staff. 76 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009749 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 42. In SPCs only: The ICE supervisor on duty ensures that ICE officers participate in dining room supervision. This component is only applicable for SPCs and CDFs. Deputies and facility food service supervisory staff participate in dining room supervision. 43. Menus are certified by a registered dietitian prior to being incorporated into the Food Service Program. All menus are certified by the Orange County Dietitian. 44. In SPCs only: the FSA prepares quarterly cost estimates for the Common Fare Program. This quarterly estimate is factored into the quarterly budget. This component is only applicable for SPCs and CDFs. The Food Service Manager prepares quarterly cost estimates for the Common Fare Program. The estimates are factored into the facility's quarterly budget. 45. When required, only food service staff prepare the sack lunches for detainee transportation. Food service has a procedure for preparing sack lunches for detainee transportation; however, the facility would rarely have detainee transport where a sack lunch would to be required. 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 complies with the ICE requirements for "food receipt and storage. 48. Stock inventory levels are monitored and adjusted to correct overage and shortage problems. 49. Staff complies 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. Detainees are provided sufficient space for dining and are allowed 20 minutes to consume their meals. 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 Orange County Health Department conducted an inspection on June 22, 2011. All issues and concerns were minor with corrective action taken immediately. 52. Personnel inspecting the food service department shall note needed corrective action(s), if any, in a written report to the Facility Administrator. 77 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009750 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 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. Food service maintains one hazardous materials cabinet. All materials were properly inventoried with up-to-date MSDS sheets included. 54. (MANDATORY) The FSA is responsible for pest control in the food service department, including contracting the services of an outside exterminator. Vacate Pest Control conducts monthly inspections of the food service department. FOOD SERVICE Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) The facility's policy for food service is in accordance with this standard. The facility provides a clean and sanitary kitchen where meals are prepared and served to all detainees. All menu items have been approved by a registered dietitian. Detainees are also served a generous portion of menu items. All meals being served are maintained at the appropriate safe temperatures in accordance with the detention standard. During the inspection, at least ten ICE detainees were interviewed and stated that the food at this facility is good with appropriate portions served. All medical diets are approved and prepared in consultation between the Food Service Manager and medical staff. The facility recently initiated a program for detainees to work in the kitchen. Their duties are limited to assisting with bag lunches and they work in an area separate from other non-ICE detainees. b6, b6,b7c b7c b6, b7c/ November 3, 2011 Reviewer’s Signature / Date b6 b7c 78 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009751 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 facility policy provides the authority for compliance with this component. Interviews with the Medical Director, Director of Nursing and Supervising Nurse indicated practice consistent with both facility policy and the detention standard. 2. Facility immediately reports via the chain of command a hunger strike to ICE/DRO. Medical administrative staff interviews indicated facility administrative staff is informed of a hunger strike who then notifies ICE. 3. The facility has established procedures to ensure staff respond immediately to a hunger strike. Written facility policy provides the compliance with this component. 4. Policy and procedure require that staff isolate a hungerstriking detainee from other detainees. Written facility policy requires placement of a hunger-striking detainee in a single-cell in the medical observation unit. 5. Medical personnel are authorized to place a detainee in the Special Management Unit or a locked hospital room. Pursuant to facility policy, medical personnel have the authority to place a detainee in the medical observation unit. 6. Medical staff records the weight and vital signs of a hungerstriking detainee at least once every 24 hours. Facility policy requires medical staff to record the weight and vital signs of a hunger-striking detainee at least once every twenty-four hours. A review of two ICE detainee hunger-strike files from the past year indicated practice consistent with policy and the detention standard. 7. The facility medical authority obtains a hunger striker’s consent before medical treatment. A Consent to Treatment signed form is obtained from each detainee at the time of intake. 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 any time a detainee refuses recommended treatment or medication. 9. Unless otherwise directed by the medical authority, staff delivers three meals per day to the detainee's room, regardless of the detainee's response to a verbally offered meal and document those meal offers. Facility policy requires staff to offer three meals a day to each hungerstriker and to document the meal offers. 79 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009752 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 10. Staff maintains the hunger striker’s supply of drinking water/other beverages. Hunger-strikers are housed in the medical observation unit and security staff maintains the supply of drinking water and other beverages. 11. During a hunger strike, staff removes all food items from the hunger striker’s living area. Facility policy requires a hungerstriker be relocated to the medical observation unit and placed in a single room which contains no food items. 12. Staff is directed to record the hunger striker’s fluid intake and food consumption on the Hunger Strike Monitoring Form I-839 or equivalent. Facility policy requires staff to record a hunger strikers fluid and food intake in an observation log. The facility has developed its own form. A review of two ICE detainee hunger-strike files from the past year indicated use of the form with the appropriate documentation. 13. The medical staff has written procedures for treating hunger strikers. The Physician develops an individual treatment plan for each hunger striker. 14. Staff documents all treatment attempts in the medical record, including attempts to persuade the hunger striker by counseling him or her of the medical risks. Facility policy requires staff to document all treatment attempts in the hunger striker's medical record including attempts to persuade the hunger striker by counseling him of the medical risks of the hunger strike. 15. All staff receives orientation and annual training on recognizing the signs of a hunger striker and on the procedures for referral for medical assessment. Medical staff receives training in hunger-strike evaluation and treatment and remain up-to-date on these techniques. Staff is trained during new employee orientation and annually. PART 4 – 21. HUNGER STRIKES Meets Standard Does Not Meet Standard N/A Repeat Finding 80 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009753 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 Remarks: (Record significant facts, observations, other sources used, etc.) Based on a review of policy and procedures, hunger strike observation forms, training files, a tour of the medical housing unit, and interviews with multiple staff, it was determined that the facility is in compliance with the requirements of this standard. Any detainee determined to be participating in a hunger strike is relocated from his assigned cell/living unit to the medical housing living unit and placed in a single-cell until the termination of the hunger strike. Medical staff has the authority to relocate a detainee to the medical housing unit. During the past year, there were two ICE detainee hunger strikes as follows: A forty-five year old male ICE detainee was processed through the intake center June 23, 2011, at which time he had a history of having a formal mental health illness and was taking medication. Intake staff verified his mental health diagnosis and medications as being accurate. The detainee was transferred to this facility the same day at which time he declared a hunger strike due to "issues with ICE and his immigration status". The detainee was housed in the medical housing living unit and the hunger strike protocol was initiated. The detainee self-terminated his hunger strike on June 25, 2011 when he accepted his evening meal and continued to eat each meal thereafter. The detainee was released from hunger strike protocol, relocated within the facility, and declared no further hunger strikes. A thirty-four year old male ICE detainee was processed through the intake center February 7, 2011, at which time he had no significant medical or social history. The detainee arrived at this facility the same day. On February 24, 2011, the detainee was diagnosed with diabetes and prescribed medication and a special diet. On April 6, 2011, the detainee stated he wanted to have a "kosher-diabetic" special diet. A review of his medical record indicated he had made no previous kosher requests since entering the facility. The detainee's special diet request was forwarded to the Dietician for review and approval. On May 9, 2011, the detainee declared a hunger strike due to having received no information regarding the status of his special diet request. Facility medical staff initiated the hunger strike protocol and relocated the detainee to a single-cell in the medical housing unit. ICE removed the detainee from the facility on May 11, 2011. b6 b7c / November 3, 2011 Reviewer’s Signature / Date b6 b7c 81 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009754 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 staff are licensed or certified by the state. The facility is currently certified as compliant with the California Jail Standards. There is a current facility pharmacy license, Drug Enforcement Agency (DEA) controlled substance license and Clinical Laboratory Improvement Amendment (CLIA) waiver certificate authorizing limited on-site laboratory testing. The Medical Director has a current DEA controlled substance license. 2. The facility’s in-processing procedures of arriving detainees include medical screening. Intake processing occurs at the Orange County Intake/Release Center which is a separate facility located approximately 3.5 miles from this facility. A random review of 17 ICE detainee medical files indicated a completed medical screening for each detainee. 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. A review of the facility’s staffing plan, which is reviewed and updated quarterly, provided compliance with this component. 4. (MANDATORY) Newly admitted detainees will be informed, orally and in writing (in a language they can understand), about how to access health services. Written facility policy provides the authority for compliance with this component. At the time of the medical intake screening, medical staff explains the process for detainees to access health services. Additionally, the process is addressed in the detainee handbook and in the detainee orientation video. 5. Detainees will have access to and receive specified 24hour emergency medical, dental, and mental health services. Licensed medical staff is on-duty twenty-four hours a day, seven days a week, with a Physician on-call twenty-four hours a day, seven days a week. 82 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009755 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 4 – 22. MEDICAL CARE This Detention Standard ensures that detainees have access to a continuum of health care services, including prevention and health education, so that their health care needs are met in a timely and efficient manner. Remarks 6. New direct care staff will receive tuberculosis tests prior to their job assignment and periodically thereafter and will be offered the hepatitis B vaccine series. Written facility policies provide the authority for compliance with this component. New direct care medical staff receives a Tuberculosis (TB) skin test at the time of initial hire and annually. A random review of medical staff’s files indicated practice consistent with policy. The Hepatitis B vaccine series is offered to each medical staff member. 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. Written facility policy addresses this component. There is a written job description for each position. Staff are licensed or certified by the state. Primary source verification of credentials for each medical staff member is conducted by the Orange County Human Resources Department prior to hire. 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). During the intake process, each detainee is provided a handbook that describes the access to care process. The handbooks are written in English and Spanish. 9. In SPCs and CDFs, medical personnel credentialing and verification complies with the standards established by the NCCHC and Joint Commission. This component is only applicable for SPCs and CDFs. Credentialing by primary source verification complies with the National Commission on Correctional Health Care (NCCHC) and the Joint Commission standards, and is conducted for all new medical staff. 10. Within 12 hours of arrival, all newly admitted detainees receive initial medical, dental and mental health screening by a health care provider or a detention officer specially trained to perform this function. • When screening is performed by a detention officer, the facility maintains documentation of the officer’s special training. 11. (MANDATORY) If language difficulties prevent the health care provider/officer from sufficiently communicating with the detainee for purposes of completing the medical screening, the officer obtains translation assistance. Intake screening is conducted within twelve hours by a Registered Nurse at the Intake/Release Center. Written facility policy provides the authority for compliance with this component. There is multiple bilingual staff on-duty, and a language translation/assistance service can be utilized. 83 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009756 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 12. The facility has sufficient space and equipment to afford each detainee's privacy when receiving health care. A tour of the medical unit indicated a large, well-lit, clean, and wellequipped unit with four examination rooms that provide more than sufficient privacy during examinations. 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 has its own restricted-access area located within the confines of the secure perimeter. 14. The medical facility entrance includes a holding/waiting room. The medical facility entrance includes a holding/waiting area. 15. The medical facility’s holding/waiting room under the direct supervision of custodial staff. The holding/waiting area is under the direct supervision of a Deputy assigned to the area and both direct and camera observation by Control Center staff. 16. Detainees in the holding/waiting room have access to a toilet and a drinking fountain. Detainees in the holding/waiting area have immediate access to a toilet and drinking water. 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. Medical records are stored in the medical records department which is a secure area within the medical unit with physical access restricted to medical staff. 18. (MANDATORY) A signed and dated consent form is obtained from a detainee before medical treatment is administered. Written facility policy requires a signed and dated consent to treatment be obtained from each detainee during the intake screening process. A random review of ICE detainee medical records indicated a current signed/dated consent in each medical record. 19. Detainees use the I-813 (or IGSA equivalent) to authorize the release of confidential medical records to outside sources. The facility utilizes its own form 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. The supervising Nurse reported the medical unit receives notice in the morning for afternoon transfers. 21. A detainee's medical records will be transferred as appropriate. All detainees will be transferred with a copy of their transfer summary. A medical transfer summary is completed and sent with each transferring detainee. 84 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009757 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 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.” The Health Records Supervisor reported all medical information is placed in a sealed envelope that is noted with the detainee's name and A-number and marked "medical confidential". 23. Medical screening includes a Tuberculosis (TB) test. Every detainee entering the Intake/Release Center receives a chest X-ray to rule-out active TB. 24. All detainees receive a mental-health screening upon arrival. It is conducted: Every detainee entering the Intake/Release Center receives a mental health screening that is conducted by a Registered Nurse and reviewed by a mental health professional. The screening is completed prior to housing assignment or transfer. • By a health care provider or specially trained officer; • Before a detainee’s assignment to a housing unit. 25. The facility health care provider promptly reviews all I794s (or equivalent) to identify detainees needing medical attention. The medical screening is conducted by Registered Nurses with immediate identification of any detainees requiring immediate medical attention. 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 provides the authority for compliance with this component. A review of 17 ICE detainee medical files indicated practice consistent with policy and the detention standard requirements. 27. Detainees in the Special Management Unit have access to the same level of health care as detainees in the general population. There are eight SMU cells. The Director of Nursing reported nursing staff conducts "wellness checks" on each detainee four times a day while in the unit for medication administration. Nursing staff is required to document the visit in the general log when they enter the SMU and on each cell log. Additionally, detainees in the SMU can at any time request, complete, and submit a sick call request slip. Sick call is conducted daily. 85 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009758 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 28. Staff provides detainees with health- services (sick call) request slips daily, upon request. • Request slips are available in the languages other than English, including every language spoken by a sizeable number of the facility’s detainee population. • Service-request slips are delivered in a timely fashion to the health care provider. N/A Does Not Meet Standard Components Meets Standard PART 4 – 22. MEDICAL CARE This Detention Standard ensures that detainees have access to a continuum of health care services, including prevention and health education, so that their health care needs are met in a timely and efficient manner. Remarks Detainees can at any time request, complete, and submit request slips. Request slips are available in English and Spanish. Medical staff collects request slips four times a day during medication administration. 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. Written facility policy provides the authority for compliance with this component. Medical staff is onduty 24 hours a day, seven days a week. 30. The plan includes an on-call provider. A physician is on-call 24 hours a day, seven days a week. 31. The plan includes a list of telephone numbers for local ambulances and hospital services. County 911 services are utilized for ambulance services. Telephone numbers for the on-call physician and medical unit administrative staff are posted in the Control Center and the medical unit. 32. The plan includes procedures for facility staff to utilize this emergency health care consistent with security and safety. Pursuant to written facility policy, medical staff coordinates emergency care with security staff. 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. Written facility policy provides the authority for compliance with this component. A review of training curriculum and files indicated compliance with the policy and the requirements of the detention standard. Attendance at a training class indicated training for a "4minute" response time. 34. Where staff is used to distribute medication, a health care provider properly trains these officers. Only licensed or certified medical staff administers 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. The facility has a full-time licensed Chief Pharmacist and part-time licensed Pharmacists. The pharmacy is licensed by the state. An inspection of the pharmacy indicated both prescription and over-the-counter medications are appropriately stored, inventoried, dispensed, and administered. 86 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009759 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 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. Eight written facility policies provide for compliance with all of the bulleted requirements in this 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. 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 tour of the medication preparation room and the pharmacy indicated compliance with each of the bulleted requirements of this component. • A secure medication storage area. 38. In SPCs and CDFs, the pharmacy has a locking passthrough 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. The portion of this component requiring the pharmacy have a locking pass-through window is specific to SPCs and CDFs. The pharmacy does not have a locking pass-through window. No medications are administered from the pharmacy. Eight written facility policies provide compliance for all of the bulleted requirements of this component. Detainees only receive medication when ordered by a Physician. Each dose of medication administered or refused is documented on the detainee specific Medication Administration Record (MAR). 87 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009760 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 40. Medication may not be delivered or administered by detainees. • In facilities that are medically staffed 24 hours a day, the health care provider distributes medication. • In facilities that are not medically staffed 24 hours a day, medication may be distributed by detention officers, who have received proper training by the health care provider, only when medication must be delivered at a specific time when medical staff is not on duty. 41. The facility maintains documentation of the training given any officer required to distribute medication, and the officer has available for reference the training syllabus or other guide or protocol provided by the health authority. Written facility policy prohibits detainees from delivering or administering medication. Only licensed or certified staff administers medication. Only licensed or certified medical staff administers medication. 42. The Warden/Facility receives notification that a detainee that has special medical needs. The facility utilizes a three part form to notify the Facility Commander or designee of detainee special medical needs. One copy is forwarded to the Facility Commander/designee, one to the detainee medical file, and one to the detainee. 43. Procedures are in place, consistent with the detention standard, for examinations by independent medical service providers and experts. Written facility policy states any requests will be forwarded to ICE for disposition. 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; Nine written facility policies provide compliance by addressing each of the bulleted requirements in this 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. 88 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009761 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 45. Detainees diagnosed with a communicable disease are isolated according to local medical operating procedures. N/A Does Not Meet Standard Components Meets Standard PART 4 – 22. MEDICAL CARE This Detention Standard ensures that detainees have access to a continuum of health care services, including prevention and health education, so that their health care needs are met in a timely and efficient manner. Remarks The facility is limited in its isolation capabilities since there are no negative air pressure rooms. Any detainee requiring respiratory isolation would require transfer outside the facility for treatment. Isolation other than respiratory isolation is provided at the facility. 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. All newly arriving detainees are screened for active TB by chest Xray. The chest X-ray is conducted at the Intake/Release Center prior to the detainee's transfer to this facility. 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 offsite facility. Any detainee requiring respiratory isolation would require transfer back to the Intake/Release Center or to a community hospital. 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 policies address this component. Medical need is prioritized and transfers occur accordingly either by the Sheriff's Department staff or 911 ambulance services. 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 provides the authority for compliance with this component. Following an evaluation by a Physician, an individualized treatment plan is developed for any detainee requiring close, chronic or convalescent medical treatment. 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. No female detainees are 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 addresses this component. Following evaluation by a Physician, an individualized treatment plan is developed to treat detainees with chronic conditions. 89 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009762 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 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. N/A Does Not Meet Standard Components Meets Standard PART 4 – 22. MEDICAL CARE This Detention Standard ensures that detainees have access to a continuum of health care services, including prevention and health education, so that their health care needs are met in a timely and efficient manner. Remarks The facility's medical unit has developed a local form for notifying the Facility Commander/designee of any detainee special needs. 53. Detainees will have access to emergency and specified routine dental care provided under direction and supervision of a licensed dentist. Nursing staff are on-duty 24 hours a day, seven days a week. Any detainee can request emergency sick call for a dental issue. Additionally, the medical unit dental clinic is operational with at least one licensed dentist eight hours a day, Monday through Saturday. 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 policies provide the authority for compliance with this component. Any employee can refer a detainee to mental health staff. 55. Crisis intervention services are available for detainees who experience acute mental health episodes. Facility mental health staff is onduty sixteen hours a day, seven days a week. Additionally, mental health staff is on-duty at the Intake/Release Center 24 hours a day, seven days a week. 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. There are four examination rooms that provide more than adequate privacy for medical and mental health interviews, examinations, and procedures. There are no female detainees assigned to this facility. 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. Written facility policy provides the authority for compliance with this component. Comprehensive mental health evaluations by a licensed mental health provider are conducted at the Intake/Release Center. 90 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009763 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 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 Medical unit administrative staff reported no restraints of any kind are utilized at the facility. Any detainee requiring restraints would be transferred to the Intake/Release Center. • After-incident review. • The medical authority or mental health provider completes a Post-Restraints Observation Report form DIHS-867 or similar form. 59. (MANDATORY) Involuntary administration of psychotropic medications to detainees complies with applicable laws and regulations and the authorizing physician or psychiatrist will: • Specify the duration of therapy; • Obtain an order authorizing the administration of the drug from a Federal District Court. • Document that less restrictive intervention options have been exercised without success; Medical unit administrative staff reported involuntary administration of psychotropic medication is never utilized at the facility. • 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. 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 is conducted by registered nurses at the time of the intake medical screening. 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. Since medical staff is on-duty 24 hours a day, seven days a week, the facility has made the decision to not utilize first aid kits. 91 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009764 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 62. An automatic external defibrillator should be available for use at the facility. 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 The medical unit has four automatic external defibrillators (AED) available for facility medical emergencies. Medical staff is responsible for assuring the AEDs are always operational. 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 notification to ICE for disposition of the issue. 64. In SPCs and CDFs, the Facility Administrator and health services administrator will meet at least quarterly and include other facility and medical staff as appropriate. This component is only applicable for SPCs and CDFs. The facility is in compliance. A multi-disciplinary team meets on a monthly basis. 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 policies provide the authority for compliance with this component. Interviews with medical and dental staff, and a tour of both areas indicated practice consistent with both facility policy and the detention standard. The facility contracts with a licensed biohazard waste hauler to pick-up and dispose biohazard material. 66. (MANDATORY) The health authority will implement a system of internal review and quality assurance. Written facility policies provide the authority for compliance with this component. A Quality Management Committee meets no less than quarterly to conduct and report on internal reviews and quality assurance studies. PART 4 – 22. MEDICAL CARE Meets Standard Does Not Meet Standard N/A Repeat Finding 92 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009765 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 Remarks: (Record significant facts, observations, other sources used, etc.) Based on a review of policy and procedures, training files and ICE detainee medical files, a tour of the medical unit and tours to specific areas of the facility, staff interviews and ICE detainee interviews, it was determined that the facility is in compliance with the requirements of the detention standard. The facility is not accredited by the American Correctional Association (ACA), National Commission on Correctional Health Care (NCCHC) or The Joint Commission. The facility is inspected annually and is in compliance with the California Jail Standards. No intake processing is conducted at this facility. All intake processing is conducted at the Orange County Intake/Release Center located approximately 3.5 miles from the facility. Medical staff credentialing and verification is conducted by the Orange County Human Resources Department and is consistent with the requirements of the NCCHC and The Joint Commission. The facility does not utilize first aid kits. The Facility Commander, Director of Nursing and a multi-disciplinary team meet monthly to discuss significant issues. A random review of 17 ICE detainee medical files indicated all time sensitive testing and examination requirements were met. Random ICE detainee interviews indicated no significant complaints regarding access to health care services. During the past year, there were three detainee deaths, one ICE and two non-ICE detainees, as follows: A fifty-five year old Hispanic male ICE detainee entered the Intake/Release Center on January 12, 2011. At that time, he had a medical history indicating a pacemaker (but none could be found), "heart problems" and high blood pressure. As a result of his history, the detainee was evaluated the same day and started on two-drug blood pressure treatments with an order for daily blood pressure checks for three consecutive days. A review of the blood pressure checks indicated they were all within normal limits. On January 31, 2011 at 10:45 AM, a medical emergency was called due to the detainee being found non-responsive in his cell. The emergency response team applied the AED and delivered three shocks with no response. The detainee was transported by ambulance with cardiopulmonary resuscitation in progress to a community hospital where he was pronounced dead. An autopsy indicated death due to a massive myocardial infarction (heart attack) due to significant coronary artery disease and blockage. A thirty-nine year old Asian male non-ICE detainee entered the Intake/Release Center on September 18, 2010. The only medical history provided was an injury to the left foot. He entered this facility September 19, 2010. Due to sick call requests, he was evaluated December 6, 2010 and assessed with pneumonia and was transported to a local hospital. Additional evaluation in the hospital confirmed a diagnosis of acute leukemia and the detainee died on December 15, 2010, while still in the hospital. An autopsy indicated death was due to complications of the leukemia. A thirty-four year old Hispanic male non-ICE detainee entered the Intake/Release Center on November 8, 2010. At that time he had a history of renal failure and was receiving renal dialysis three times a day. On January 16, 2011, he was admitted to the local hospital to rule out gangrene of the toes on the left foot. The detainee remained in the hospital where he died on February 2, 2011. An autopsy indicated death was due to complications of renal failure. / November 3, 2011 b6 b7c Reviewer’s Signature / Date b6 b7c 93 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009766 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, temperature-appropriate, 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. 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. 5. The facility provides and replenishes personal hygiene items as needed. Gender-specific items are available. ICE detainees are not charged for these items. N/A Does Not Meet Standard Components Meets Standard PART 4 – 23. PERSONAL HYGIENE This Detention Standard ensures that each detainee is able to maintain acceptable personal hygiene practices through the provision of adequate bathing facilities and the issuance and exchange of clean clothing, bedding, linens, towels, and personal hygiene items. Remarks Written facility policy provides the compliance with this component. Facility staff reported the supply of these items exceeds the minimum required by four times the number of detainees. The bulleted items in this component are only applicable to SPCs and CDFs. The facility is in compliance with this component. All new detainees are issued clean, temperature appropriate clothing during intake, and all the required items are issued. The component is only applicable for SPCs and CDFs. The facility is in compliance with the component. Jackets are issued during cooler weather months. The bulleted items in this component are only applicable to SPCs and CDFs. New detainees are issued clean bedding, linens, and towels except the facility does not issue pillows or pillow cases. Pillows are available for purchase through the commissary. Written facility policy provides compliance with this component. There are no female detainees housed at this facility. 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. • A tour of housing units A, B, C, and D indicated compliance with this component. 94 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009767 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 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. • A tour of housing units A, B, C, and D indicated compliance with this component. 8. Detainees with disabilities are provided adequate facilities, support, and assistance needed for self-care and personal hygiene. Detainees requiring support and assistance for self-care and personal hygiene are assigned housing in the medical observation living unit. 9. Detainees are provided clean clothing, linen and towels. Detainees receive two sets of socks and undergarments daily. Detainees receive an exchange of outer garments and sheets three times a week and towels twice a week. Pillowcases are not issued or exchanged; however, there is no requirement to issue pillowcases at this facility. • Socks and undergarments - daily. • Outer garments - twice weekly. • Sheets - weekly. • Towels - weekly. • Pillowcases - weekly. 10. Food service detainee volunteer workers are permitted to exchange outer garments daily. This component is only applicable for SPCs and CDFs. On the Friday prior to the inspection, ICE detainees began working in food service. Their only assigned duties are to place two slices of bread in a plastic baggie. They are issued no additional outer garments to perform this job. 11. Volunteer detainee workers are permitted to exchanges of outer garments more frequently. This component is only applicable for SPCs and CDFs. ICE detainees can work as volunteers doing housekeeping and lawn/garden care. Outer garments are exchanged as needed. PART 4 – 23. PERSONAL HYGIENE Meets Standard Does Not Meet Standard N/A Repeat Finding 95 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009768 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 Remarks: (Record significant facts, observations, other sources used, etc.) Based on a review of policy and procedure, inspection of four housing units, and staff interviews, it was determined that the facility is in compliance with the requirements of this detention standard. An inspection for four living units indicated an appropriate number of showers, wash basins, toilets and urinals are available to the unit detainee population. A test of wash basin and shower water temperatures indicated temperatures within the recommended range. Jackets are issued to each detainee during cooler weather months. The Friday prior to this inspection, ICE detainees began working in the food service department. Their only duties are placing two slices of bread into a plastic baggie. ICE detainees working the food service department are not exchanging their outer garment daily. ICE detainees are permitted to perform volunteer work duties in housekeeping and lawn/garden care. Outer garments are exchanged as needed. b6 b7c / November 3, 2011 Reviewer’s Signature / Date b6 b7c 96 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009769 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's suicide prevention program is comprised of ten policies and procedures that have been signed and dated by the health authority and Facility Commander. At the time of the inspection, the most recent review was dated September 7, 2011. 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 ten program policies and procedures meet all the requirements for compliance with this 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 all new staff members receive training on suicide prevention and intervention during new employee orientation and at a minimum, annually. A random review of employee training files indicated compliance with facility policy and the detention standard. 97 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009770 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard 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 procedures, • Follow-up monitoring of detainees who have already attempted suicide, and • Reporting and written documentation procedures. and suicide-watch A review of the training curriculum provided compliance with this component. level 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. Registered Nurses conduct the mental health screening during the intake process. The intake process is conducted at the county Intake/Release Center (IRC) a separate facility that is located approximately 3.5 miles from this facility. 6. Written procedures contain when and how to refer at-risk detainees to medical staff and procedures are followed. Written facility policies provide compliance with this component. 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 facility's written plan provides compliance with this component. 8. The facility has a designated isolation room for evaluation and treatment. No suicide watches occur at this facility and there are no designated isolation rooms. Any detainee requiring a suicide watch is transferred to the Intake/Release Center, approximately 3.5 miles from this facility. 9. The designated isolation room does not contain any structures or smaller items that could be used in a suicide attempt. There are no designated isolation rooms at this facility. 10. Medical staff has approved the room for this purpose. There are no designated isolation rooms at this facility. 98 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009771 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard 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 b7e 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. Suicide watch status does not occur at this facility. An interview with the Director of Nursing indicated medical notification to the Facility Commander/designee occurs and that person would notify ICE. Written facility policy requires a mortality review for all deaths. All deaths and suicide attempts are reviewed and discussed quarterly. PART 4 – 24. SUICIDE PREVENTION AND INTERVENTION Meets Standard Does Not Meet Standard N/A Repeat Finding 99 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009772 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 Remarks: (Record significant facts, observations, other sources used, etc.) Based on a review of policy and procedures, training files and curriculum, two ICE detainee suicide attempt medical files, a facility tour, and staff interviews, it was determined that the facility is in compliance with the requirements of this detention standard. The facility has a written suicide prevention and intervention program appropriately signed and dated as required. Suicide watch does not occur at this facility. Any detainee requiring a suicide watch is removed from the facility and placed at the Intake/Release Center, a separate facility located approximately 3.5 miles from this facility. During the past year, there were two non-ICE detainee suicide attempts as follows. A thirty year old Hispanic male arrived at the Intake/Release Center on August 1, 2011. At that time, he had a mental health history and a previous suicide attempt in July 2011. As a result of this history, the detainee was immediately placed on suicide watch until August 15, 2011. At that time he was released from suicide watch, but remained on the mental health caseload. On September 28, 2011, the detainee cut the tops of both hands. He was transported by ambulance to the University of CaliforniaIrvine Medical Center where he was treated for his injuries. The detainee returned to the Intake/Release Center the same day and was placed on suicide watch status which remained in effect until October 4, 2011. There have been no further suicide attempts or gestures, and the detainee remains on the mental health caseload and is still housed at the IRC. A forty-eight year old Hispanic male arrived at the Intake/Release Center on May 17, 2010. At that time, he had no mental health history. He arrived at this facility May 18, 2010. In July 2010, the detainee was placed on the mental health caseload due to depression. While on the caseload, the detainee was regularly evaluated by mental health staff. On April 4, 2011, at noon, the detainee jumped from the second tier of his housing unit to the concrete floor below. He was transported by ambulance to the University of California-Irvine Medical Center for treatment of his injuries and he remained there until June 7, 2011. At that time he was returned to the Intake/Release Center and placed on suicide watch where he currently remains. November 3, 2011 Reviewer’s Signature / Date b6 b7c b6 b7c b6 b7c 100 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009773 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 1. Detainees, who are chronically or terminally ill, are transferred to an appropriate off-site medical facility. Interviews with the facility's Medical Director, Director of Nursing and ICE Deportation Officer (DO) provided compliance with this component. 2. The facility or appropriate ICE office promptly notifies the next-of-kin of the detainee’s: medical condition. Pursuant to facility procedures, notification is forwarded from medical staff to the Facility Commander to ICE who will make notification to the next-of-kin. 3. • The detainee's location. • The visiting hours and rules at that location. There are guidelines addressing State Advanced Directive Form for Implementing Living Wills and Advanced Directives. • These guidelines include instructions for detainees who wish to have a living will. • These guidelines provide the detainee the opportunity to have a private attorney prepare the documents, at the detainee’s expense. Written facility policy provides compliance with this component. 4. There is a policy addressing "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 this component. 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 addresses this component. 7. The facility has written procedures to address the issues of organ donation by detainees. Written facility policy addresses this component. 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 provides compliance for this component. Notification if forwarded from medical staff to the Facility Commander to ICE who makes the notifications. 9. The facility has a policy and procedure to address the death of a detainee while in transport. Written facility policy provides compliance with this component. 10. At all ICE locations the detainee’s remains disposed of in accordance with the provisions detailed in this standard. Written facility policy provides compliance with this component. An interview with the facility's ICE DO provided compliance with this component. 101 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009774 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 11. In the event that neither family nor consulate claims the remains, the Field Office schedules an indigent’s burial, consistent with local procedures. • 12. An original or certified copy of a detainee’s death certificate is placed in the subject's A-File. No A-files are maintained on-site. Any death certificate received at the facility would be forwarded to the Los Angeles Field Office where the A-files are maintained. 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. Remarks An interview with the facility's ICE DO confirmed compliance with this component. If the detainee is a U.S. military veteran, the Department of Veterans Affairs notified. • 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. An interview with the facility's ICE DO provided compliance with this component. 14. ICE staff follows established procedures to properly close the case of a deceased detainee. An interview with the facility's ICE DO confirmed compliance with this component. 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.) Based on a review of policy/procedures and interviews with the facility's Director of Nursing and ICE DO, it was determined that the facility is in compliance with the requirements of this standard. As confirmed by facility and ICE staff, ICE detainees who are severely or terminally ill would not be placed at this facility. There are no current active Advanced Directives and Living Wills, Do Not Resuscitate orders or detainee organ donation requests. / November 3, 2011. Reviewer’s Signature / Date b6 b7c b6, b7c b6 b7c 102 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009775 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 Performance-Based National Detention Standards Section V 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 103 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009776 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. 2. The facility provides key information in English, Spanish, and other languages spoken by a significant number of detainees. N/A Does Not Meet Standard Components Meets Standard PART 5 – 26. CORRESPONDENCE AND OTHER MAIL This Detention Standard ensures that detainees will be able to correspond with their families, the community, legal representatives, government offices, and consular officials consistent with the safe and orderly operation of the facility. Remarks The requirement for correspondence rules to be posted in each housing or common area is specific to SPCs and CDFs. Facility policy 8026, Correspondence and Other Mail, outlines the facility's mail procedures. The rules for correspondence and other mail are posted in the housing units and are also included in the detainee handbook. 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. 4. Outgoing mail is delivered to the postal service within one business day of its entering the internal mail system (excluding weekends and holidays). 5. Staff maintains a logbook-recording acceptance of priority, priority overnight, and certified mail delivered to the facility for a detainee. This component is only applicable for SPCs and CDFs. The facility maintains logs for priority and certified mail. 6. Staff does not open and inspect incoming general correspondence and other mail (including packages and publications) without the detainee present unless documented and authorized in writing by the Facility Administrator or equivalent for prevailing security reasons. All general correspondence is opened and inspected without the detainee present based on facility safety and security. This procedure is authorized by the Facility Commander in writing. 7. Staff does not read incoming general correspondence without the Facility Administrator’s prior approval. This component is only applicable for SPCs and CDFs. The Watch Commander may approve staff to read incoming general correspondence with reasonable or probable cause. 8. Staff does not inspect incoming Special Correspondence for physical contraband or to verify the “special” status of enclosures without the detainee present. 9. Staff is prohibited from reading or copying incoming and outgoing Special Correspondence without the detainee present. 104 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009777 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 10. Staff is only authorized to inspect outgoing correspondence or other mail without the detainee present when there is reason to believe the item might present a threat to the facility's secure or orderly operation, endanger the recipient or the public, or might facilitate criminal activity. N/A Does Not Meet Standard Components Meets Standard PART 5 – 26. CORRESPONDENCE AND OTHER MAIL This Detention Standard ensures that detainees will be able to correspond with their families, the community, legal representatives, government offices, and consular officials consistent with the safe and orderly operation of the facility. Remarks The requirement to inspect outgoing mail without the detainee present is specific to SPCs and CDFs. It is facility's policy to inspect all outgoing mail without the detainee being present. The facility reports this is done to ensure that contraband and/or gang material is not sent that could jeopardize the security of the facility or harm the public. 11. Correspondence to a politician or to the media is processed as Special Correspondence and is not read or copied. 12. The official authorizing the rejection of incoming mail sends written notice to the sender and the addressee. The requirement to notify the sender of rejected incoming mail is specific to SPCs and CDFs. The Correspondence Service Technician will fill out a Rejection of Mail Item form when mail is rejected. They will sign it and send the original to the sender and a copy to the detainee. 13. The official authorizing censorship or rejection of outgoing mail provides the detainee with signed written notice. 14. Staff maintains a written record of every item removed from detainee mail. When an item is removed from a detainee's mail, staff will document the detainee's name and A-number, item removed, and the name of the sender and recipient. 15. The Facility Administrator or designee monitors staff handling of discovered contraband and its disposition. Records are accurate and 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. Facility policy 8026, Correspondence and Other Mail, section 5, describes the process of receiving cash through the mail. 17. Original identity documents (for example, passports, and birth certificates) are immediately removed and forwarded to ICE staff for placement in the A-files. 18. Staff provides the detainee a copy of his or her identity document(s) upon request. All requests for copies of identity documents are forwarded to ICE. 19. Staff disposes of prohibited items found in detainee mail in accordance with the Detention Standard on “Contraband”. 105 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009778 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 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 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. Detainees have the opportunity to purchase stamps through the inmate commissary three times a week. 22. The facility provides writing paper, envelopes, and pencils at no cost to ICE detainees. 23. SMU detainees have the same correspondence privileges as general population. 24. Detainees have access to outside publications. PART 5 – 26. CORRESPONDENCE AND OTHER MAIL Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) This inspector reviewed facility policy, interviewed a Corrections Service Technician, reviewed the detainee handbook, observed postings in the housing units, reviewed forms, and interviewed detainees. The rules for correspondence are provided to the detainees in English and Spanish. The rules are posted in the housing units and are also included in the detainee handbook. Based on this inspector's review, the facility is in compliance with this requirements of this detention standard except they open and inspect all outgoing correspondence and other mail. / November 3, 2011 b6 b7c Reviewer’s Signature / Date b6 b7c 106 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009779 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 common-law 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. b7e 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. 107 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009780 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.) ICE staff conducts all transports of escorted trips for non-medical emergencies. / November 3, 2011 Reviewer’s Signature / Date b6,b6, b7cb7c b6 b7c 108 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009781 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 5 – 28. MARRIAGE REQUESTS This Detention Standard ensures that each marriage request from an ICE/DRO detainee receives a case-by-case review and based on internal guidelines for approval of such requests. Remarks 1. The Field Office Director or Facility Administrator considers detainee marriage requests on a case-by-case basis. All detainee requests for marriage are reviewed by the ICE Field Office Director. All marriage requests are considered on a caseby-case basis. 2. The Field Office Director reviews every marriage request rejected by a Facility Administrator or IGSA. Rejections are documented. The Facility Commander sends all requests for marriage to the Field Office Director for processing. 3. It is standard practice to require a written request for permission to marry. 4. The written request includes a signed statement or comparable documentation from the intended spouse, confirming marital intent. 5. The Facility Administrator provides a written copy of his or her decision to the detainee and his or her legal representative. The detainee and the detainee's legal representative receive a written copy of the decision. 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 Field Office Director provides the basis for the decision. There were no documented denials. 7. The Facility Administrator provides the detainee with a place and time to make wedding arrangements. Although the facility has had no detainee weddings, the detainee would be provided a place and time to make wedding arrangements. 8. The detainee handbook explains 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 component is only applicable for SPCs and CDFs. The Field Office Director is the only person that can approve a request 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's policy on Marriage Requests is in accordance with this standard. The facility has not had a request for marriage within the last 12 months; however, a procedure is in place to ensure all requests are processed in accordance with the requirements of this detention standard. b6, b6,b7c b7c b6, b7c/ November 3, 2011 Reviewer’s Signature / Date b6 b7c 109 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009782 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 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 1. The Facility provides: • An indoor recreation program. • An outdoor recreation program. 2. A recreational specialist (for facilities with more than 350 detainees) tailors the program activities and offerings to the detainee population. 3. Regular maintenance keeps recreational facilities and equipment in good condition. 4. The recreational specialist or trained equivalent supervises detainee recreation workers. This component is only applicable for SPCs and CDFs. The facility's Program Director oversees recreation. The facility has no ICE detainee or non -ICE detainee recreational 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. 7. Outside activities are restricted to limited-contact sports. 8. Each detainee has the opportunity to participate in daily recreation. Detainees are provided the opportunity to recreate daily. 9. Detainees have access to recreation activities outside the housing units for at least one hour daily. Detainees are allowed to recreate daily for one hour. 10. Staff checks all items for damage and condition when equipment is returned. 11. Staff conducts searches of recreation areas before and after use. 12. Recreation areas are under constant staff supervision. 13. Supervising staff are equipped with radios. 14. The facility provides detainees in the SMU at least one hour of outdoor recreation time daily, five times per week. 15. Detainees in disciplinary/administrative segregation receive a written explanation when a panel revokes his or her recreation privileges. 16. Special programs or religious activities are available to detainees. 17. All volunteers have completed an orientation program with documentation required before entering a secure portion of the facility where detainees are present. Volunteers are provided an orientation program prior to being allowed to enter the facility. Volunteers also undergo a background check. 110 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009783 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 18. Visitors, relatives or friends of detainees are not allowed to serve as volunteers. 19. If the facility has no outside recreation, are detainees considered for transfer after six months? This facility has outside recreation for detainees. 20. If yes, written procedures ensure timely review of all eligible detainees. This facility has outside recreation for detainees. 21. Case officers make written transfer recommendations about every six-month detainee to the Facility Administrator. 22. The Facility Administrator documents all detainee-transfer decisions, whether yes or no. This facility has outside recreation for detainees. 23. The detainee’s written decision for or against an offered transfer documented in his or her A-file. This facility has outside recreation for detainees. 24. Staff notifies the detainee’s legal representative of his or her decision to accept/decline a transfer. This facility has outside recreation for detainees. 25. If no recreation is available, the ICE Field Office routinely review transfer eligibility for all detainees after 60 days. 26. Does the A-file of every detainee held more than 60 days without access to recreation contains either a transferwaiver signed by the detainee or the Facility Administrator’s written determination of the detainee’s ineligibility for transfer. This facility has outside recreation for detainees. 27. The detainee’s legal representative is notified of the detainee’s/Facility Administrator’s decision. This facility has outside recreation for detainees. This facility has outside recreation for detainees. This facility has outside recreation for detainees. PART 5 - 29. RECREATION Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) The facility's policy for Recreation is in accordance with this standard. The facility has appropriate indoor and outdoor recreation facilities. The detainees are provided recreational opportunities daily that allow for at least one hour participation. b6, b6,b7c b7c b6, b7c/ November 3, 201 Reviewer’s Signature / Date b6 b7c 111 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009784 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 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. 3. The facility allows detainees to observe the major “holy days” of their religious faith. • List any exceptions. 4. The facility accommodates observances by: recognized 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. holy-day This component is only applicable for SPCs and CDFs. The facility accommodates recognized holy-day observances by offering all of the bulleted services listed in this component. • 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. 6. Volunteer’s credentials are checked and verified before allowing participation in detainee programs. 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. Remarks All volunteers are required to undergo a background investigation. RELIGIOUS PRACTICES Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) The facility's policy on Religious Practices is in accordance with this detention standard. The facility provides adequate and equitable religious programming opportunities for all ICE detainees regardless of their religious faith. b6, b6,b7c b7c b6, b7c/ November 3, 2011 Reviewer’s Signature / Date b6 b7c 112 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009785 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 the telephones from about 5:30 AM until about 11:00 PM, seven days a week. 2. Upon admittance, detainees are made aware of the facility's telephone access policy. The facility's telephone policy is addressed during the orientation process and is also included in the detainee handbook. 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. 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 to detainees in English and Spanish. 6. Telephones are provided at a minimum ratio of one telephone per 25 detainees in the facility population. The facility has six telephones for every 100 detainees. 7. Telephones are inspected daily by facility staff to ensure that they are in good working order. Detainee telephones are inspected each shift. These checks are documented in the Housing Unit Activity Log. 8. Telephones are located a reasonable distance from televisions. 9. The facility administration promptly reports out-of-order telephones to the facility’s telephone service provider. The facility has an on-site Telephone Technician who makes repairs. 10. The facility administration monitors repair progress and takes appropriate measures to ensure that the required repairs are begun and completed timely. 11. Detainees are afforded a reasonable degree of privacy for legal phone calls. 12. A procedure exists to assist a detainee who is having trouble placing a confidential call. If a detainee is having trouble placing a confidential call, staff would assist by taking him to an area that is more private to place the call. 13. The facility provides the detainees with the ability to make non-collect (special access) calls. 14. Special Access calls are at no charge to the detainees. 15. In facilities unable to fully meet this requirement initially because of limitations of its telephone service, ICE makes alternate arrangements to provide required access within 24 hours of a request by a detainee. The facility complies with the requirement. 113 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009786 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. 18. All telephone restrictions are documented. All telephone restrictions are documented in the Housing Unit Activity Log. 19. The facility has a system for taking and delivering emergency detainee telephone messages. Facility policy 8013.10, Emergency Phone Calls, addresses the procedure on receiving and delivering emergency telephone calls. 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. 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 that in general population. 26. When detainee phone calls are monitored, notification is posted by detainee telephones, including a recorded message on the phone system, that phone calls made by the detainees may be monitored. Special Access calls are not monitored. 27. The OIG phone number for reporting abuse is programmed into the detainee phone system. The reviewer must verify that the number is operable. The phone number for reporting abuse to the Office of Inspector General (OIG) is programmed into the detainee phone system. The phone number was checked by this inspector and staff at the OIG's office was contacted. 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 PART 5 – 31. TELEPHONE ACCESS 114 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009787 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 facility policy, interviewed the Administrative Manager, the SDDO, a DO and several detainees; checked postings in the housing units, and checked the OIG Hotline number in review of this standard. The facility has a ratio of one phone for every 17 detainees. The phones are routinely checked by facility and ICE staff. All required phone numbers were available to ICE detainees. Based on this inspector's review, the facility is in compliance with this standard. / November 3, 2011 b6 b7c Reviewer’s Signature / Date b6 b7c 115 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009788 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 1. There is a written visitation procedure, schedule, and hours for general visitation. 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. 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. 7. Detainees are permitted to retain authorized personal property items specified in the standard. 8. A visitor dress code is available to the public. 9. Visitors are searched and identified according to standard requirements. 10. The requirement on visitation by minors is complied with. 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 Facility policy 8032, Visitation, describes the visiting procedures and includes the schedule and hours of general visitation. The visitation schedule is posted in the lobby and is also available on the Orange County Sheriff's Department website. The facility maintains an electronic log for visits. A visitor’s dress code is posted in the lobby and is also available on the Orange County Sheriff's Office website. Children under the age of 18 must be accompanied by an adult in order to visit. 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. No ICE detainees have been denied visitation. 14. Detainees in special housing are afforded visitation. 15. Legal visitation is available seven (7) days a week, including holidays. 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. 116 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009789 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 17. On regular business days, detainees are given the option of continuing a meeting with a legal representative through a scheduled meal. When a detainee continues a meeting with a legal representative during a meal period, a sack lunch is provided. 18. Private consultation rooms are available for attorney meetings. There is a mechanism for the detainee and his/her representative to exchange documents. Private consultation rooms are provided and they have a pass through hatch. Staff assistance is required to pass approved materials. 19. There are written procedures governing detainee searches. Facility policy 8013, Searches of Detainees, addresses detainee searches. 20. Legal representatives and assistants are subject to a nonintrusive search – such as a pat-down search of the person or a search of the person’s belongings - at any time for the purpose of ascertaining the presence of contraband. 21. Per the Standard, prior to each visit, legal service providers and assistants are identified. Visiting legal service providers must provide their Bar Card and current driver's license in order to visit. 22. The current list of pro bono legal organizations is posted in the detainee housing areas and other appropriate areas. 23. SPCs and CDFs shall submit written requests for tours from domestic or international organizations and associated with detention issues to the appropriate Field Office Director for approval. This component is only applicable for SPCs and CDFs. The facility has not had any tour requests from domestic or international organizations. If they were to receive a request, the requests would be sent to the Field Office Director 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. 26. Former detainees or aliens in proceedings, requesting to visit with a detainee, are referred to the Facility Administrator or ICE Field Office. PART 5 – 32. VISITATION Meets Standard Does Not Meet Standard N/A Repeat Finding 117 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009790 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 Remarks: (Record significant facts, observations, other sources used, etc.) This inspector reviewed facility policy, interviewed a deputy, observed postings at the visitor's entrance and visitor processing area, and reviewed the electronic log in review of this detention standard. The facility has non-contact visiting rooms. All visiting rooms were clean and well lit. Visits at this facility occur on Friday, Saturday, and Sunday. Legal visits are allowed seven days a week. The facility's visiting schedule, rules for visiting and visitor dress code are available to the public either at the facility or on the Orange County Sheriff's Office website. Based on this inspector's review, the facility is in compliance with this standard. / November 3, 2011 b6 b7c Reviewer’s Signature / Date b6 b7c 118 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009791 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 1. The facility has a voluntary work program. 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 Facility policy 8033, Voluntary Work Program, describes the voluntary work program. 2. Detainee housekeeping meets acceptable levels of neatness, cleanliness and sanitation standards. 3. At IGSAs detainees are never allowed to work outside the secure perimeter. SPCs and CDFs detainees classified as level 1 have the opportunity to participate in special details outside the secure perimeter under direct supervision. The portion of this component requiring detainees classified as level 1 have the opportunity to participate in special details outside the secure perimeter under direct supervision is specific to SPCs and CDFs. The facility does not allow detainees to work outside the secure perimeter. 4. Written procedures govern selection of detainees for the Voluntary Work Program. The same procedures apply for replacement workers as for “new” workers. • Staff follows written procedures. 5. Where possible, physically and mentally challenged detainees participate in the program. • 6. The facility complies with work-hour requirements for detainees, not exceeding: • Eight hours a day. • Forty hours a week. This component is only applicable for SPCs and CDFs. The facility currently complies with the work hour guidelines of this component. 7. Detainee volunteers ordinarily work according to a fixed schedule. 8. If a detainee is removed from a work detail, staff places the written justification for the action in the detainee’s detention file. No detainees have been removed from a work detail. 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 This component is only applicable for SPCs and CDFs. The voluntary work program meets OSHA, NFPA and American Correctional Association (ACA) standards. 119 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009792 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 5 – 33. VOLUNTARY WORK PROGRAM This Detention Standard provides detainees opportunities to work and earn money while confined, subject to the number of work opportunities available and within the constraints of safety, security, and good order. While not legally required to do so, ICE/DRO affords working detainees basic Occupational Safety and Health Administration (OSHA) protections. Check here if ICE detainees are not authorized to work at the IGSA facility. Mark NA on Form G-324A, page 3 and move to next section. Remarks 11. Medical staff screen and formally certifies detainee food service volunteers; • Before the assignment begins • As a matter of written procedure 12. Detainees receive safety equipment/ training sufficient for the assignment 13. Proper procedure is followed when an ICE detainee is injured on the job. PART 5 – 33. VOLUNTARY WORK PROGRAM Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) The facility's policy on Voluntary Work Programs is in accordance with the requirements of this detention standard. The facility recently started to allow ICE detainees to work within the facility. ICE detainees are currently working in food service, landscaping, housing units, and the barbershop. The ICE detainees are being paid for each day they work and are allowed to work five days a week. b6, b6,b7c b7c b6, b7c/ November 3, 2011 Reviewer’s Signature / Date b6 b7c 120 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009793 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 121 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009794 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. A facility detainee handbook and ICE National Detainee Handbook is given to detainees during the booking process. 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 facility handbook is written in English and translated into Spanish, the languages spoken by most of the detainees in this facility. 3. A procedure for requesting interpretive services for essential communication has been developed. 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 orientation video is shown and a detainee handbook is issued. 6. The handbook is revised as necessary and there are procedures in place for immediately communicating any revisions to staff and detainees. 7. There is an annual review of the handbook by a designated committee or staff member. 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. 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. 11. The handbook states when a medical examination will be conducted. 12. The handbook describes the facility, housing units, dayrooms, In-dorm activities and special management units. 13. The handbook describes: official count times and count procedures, meal times, feeding procedures, procedures for medical or religious diets, smoking policy, clothing exchange schedules and if authorized, clothes washing and drying procedures and expected personal hygiene practices. The handbook does not describe official count times. All other information listed in this component is described in the handbook. 122 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009795 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 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. 15. The handbook describes barber hours and hair cutting restrictions. 16. The handbook describes; the telephone policy, debit card procedures, direct and frees calls; locations of telephones; policy when telephone demand is high; and policy and procedures for emergency phone calls. 17. The handbook addresses religious programming. 18. The handbook states times and procedures for commissary or vending machine usage. (where available) 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. 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. 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. 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. 123 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009796 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Components Does Not Meet Standard Meets Standard PART 6 - 34. DETAINEE HANDBOOK This Detention Standard requires that, upon admission, every detainee be provided comprehensive written orientation materials that describe such matters as the facility’s rules and sanctions, disciplinary system, mail and visiting procedures, grievance system, services, programs, and medical care, in English, Spanish, and other languages and that detainees acknowledge receipt of those materials. Remarks 27. The grievance section of the handbook explains all steps in the grievance process – Including: • Informal (if used) and formal grievance procedures; • 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 retaliation for filing/pursuing a grievance. • How to file a complaint about officer misconduct with the Department of Homeland Security. The specific portion of this component requiring procedures for filing an appeal of a grievance with ICE is specific to CDFs; however, the handbook at this facility includes information for filing an appeal of a grievance with ICE; as well as, all of the required information in this component. 28. The handbook describes the medical sick call procedures for general population and segregation. 29. The handbook describes the facility recreation policy including: • Outdoor recreation hours. • Indoor recreation hours. • In dorm leisure activities. • Rules for television viewing. 30. The handbook describes the detainee dress code for daily living; and work assignments and the meaning of colorcoded 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. PART 6 - 34. DETAINEE HANDBOOK Meets Standard Does Not Meet Standard N/A Repeat Finding 124 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009797 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 Remarks: (Record significant facts, observations, other sources used, etc.) A facility detainee handbook and ICE National Detainee Handbook is given to detainees during the booking process. The handbook is written in English and Spanish. A review of the detainee handbooks indicate the required information is included except the handbooks do not describe official count times. b6, b6,b7c b7c b6, b7c/ November 3, 2011 Reviewer’s Signature / Date b6 b7c 125 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009798 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. The facility handbook explains the informal and formal grievance system. 2. The admissions process includes providing each new arrival with a copy of the detainee handbook (or equivalent). All detainees are given a handbook during the booking process. 3. The grievance section of the handbook explains all steps in the grievance process – Including: • Informal and formal grievance procedures; • The appeals process and step-by-step procedures; • Staff/detainee availability to help during the grievance process • Guarantee against staff retaliation for filing/pursuing a grievance. • How to file a complaint about officer misconduct with the Department of Justice. • How to file an emergency grievance. 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. The facility has no established written procedures for the informal resolutions of oral grievances; however, practice is to attempt to resolve issues through informal resolution. 5. Detainees have access to the grievance committee (or equivalent in IGSA), using formal procedures. • Detainees may seek help from other detainees or facility staff when preparing a grievance. • Illiterate, disabled, or non-English-speaking detainees receive special assistance when necessary. 6. Facility has written procedures for identifying and handling a time-sensitive emergency grievance. Facility policy 1600.5, Emergency Grievances, provides procedures for time sensitive grievances. 7. Every member of the staff knows how to identify emergency grievances, including the procedures for expediting them. 8. Staff shall not harass, discipline, punish or otherwise retaliate against a detainee who files a complaint or grievance. 9. Procedures include maintaining a Detainee Grievance Log. • If not, an alternative acceptable record keeping system is maintained. • "Nuisance complains" are identified in the records. • For quality control purposes, staff document nuisance complaints received but not filed. 126 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009799 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 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. 12. Informal resolution of a written grievance is documented in the detainee’s Detention File. 13. Staff complies with the requirement to report allegations of officer misconduct to a supervisor or higher-level official in his or her chain of command, and/or to ICE/DRO Office of Professional Responsibility and/or the DHS Inspector General. 14. In SPCs and CDFs, when a Detainee does not accept the grievance committee's decision, he/she files an appeal with the ICE Facility Administrator. • The portion of the component requiring a detainee to file an appeal with the ICE Facility Administrator when he/she does not accept the grievance committee's decision is specific to SPCs and CDFs. The detainee handbook explains detainee appeals. Detainee grievances may be appealed with ICE. In all facilities written procedures cover detainee appeals and are included in the detainee handbook 15. In SPCs/CDFs, the detainee has a reasonable timeframe after the incident or informal-grievance outcome to file a formal grievance. This component is only applicable for SPCs and CDFs. Detainees have at least 30 days to file a formal grievance. PART 6 – 35. GRIEVANCE SYSTEM Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) The facility has established an appropriate grievance procedure that is explained to all detainees upon entrance into the facility. Detainees are also given detainee handbooks that include procedures regarding the grievance process. The facility has no written procedures for the informal resolution of oral grievances; however, practice allows for the informal resolution of issues. b6, b7c l. b6, b7c/ November 3, 201 Reviewer’s Signature / Date b6 b7c 127 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009800 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 1. The facility provides a designated law library for detainee use. 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. • 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. N/A Does Not Meet Standard Components Meets Standard PART 6 – 36. LAW LIBRARIES AND LEGAL MATERIAL This Detention Standard protects detainees’ rights by ensuring their access to courts, counsel, and legal materials. Remarks The facility has a law library located in an area between the A and E housing units. Detainees have access to the law library during facility waking hours, seven days a week. The facility uses the LexisNexis as the source for Attachment A materials. Therefore, there is no requirement to post the listing of materials. The law library contains four computers and six chairs. Printers are located in a secure area and are available when detainees need to make copies. Ample supplies are provided. 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. The law library has computers equipped with word processing capabilities and sufficient supplies for daily use. 6. Detainees are provided with the means to save legal work in a private electronic format for future use. Detainees are issued a flash drive to save legal work. The flash drive is checked in and out of the control room when needed by the detainee. 7. The facility subscribes to updating services where applicable and legal materials requiring updates are current. 8. Outside persons and organizations are permitted to submit published legal material for inclusion in the legal library. Outside published material is forwarded and reviewed by the ICE prior to inclusion. 9. There is a designated ICE or facility employee that 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. ICE staff and the Facility Information Technician conduct inspections on a weekly or as needed basis. 128 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009801 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 N/A Does Not Meet Standard Components Meets Standard PART 6 – 36. LAW LIBRARIES AND LEGAL MATERIAL This Detention Standard protects detainees’ rights by ensuring their access to courts, counsel, and legal materials. Remarks 10. Detainees are offered a minimum 5 hours per week in the law library. Detainees are not required to forego recreation time in lieu of library usage. Detainees facing a court deadline are given priority use of the law library. Detainees have access to the LexisNexis program seven days per week for at least a minimum of five hours per week. A computer with the LexisNexis program is also located in health care and segregation units. 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. Detainees may obtain material not currently in the law library by submitting a request to a Deputy. The material is obtained from the Orange County Library within five days. 12. The facility permits detainees to assist other detainees, voluntarily and free of charge, in researching and preparing legal documents, consistent with security. 13. Staff ensures that illiterate or non-English-speaking detainees without legal representation receive more than access to English-language law books after indicating their need for help. Facility policy 8036.8, Assistance to Illiterate, Non English Speaking and Disabled Detainees, address the process for detainees to seek assistance. 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. Detainees are allowed to keep a reasonable amount of legal material in their living units. Any excess legal material is stored in their personal property and detainees can submit a request to exchange material. 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. Those detainees housed in administrative and disciplinary segregation have access to a computer with the LexisNexis program in the SMU. They must submit a request for use. Any denials would be documented; however, there have not been any denials. 16. All denials of access to the law library fully documented. All denials would be documented. 17. Facility staff informs ICE Management when a detainee or group of detainees is denied access to the law library or law materials. 18. Detainees who seek judicial relief on any matter are not subjected to reprisals, retaliation, or penalties. 19. Indigent detainees are provided with free envelopes and stamps to mail related to legal matters. PART 6 – 36. LAW LIBRARIES AND LEGAL MATERIAL 129 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009802 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.) Review of facility policy, inspection the law library and satellite facilities, a functionality check of the LexisNexis program in use and interviews with two deputies, a DO and several ICE detainees were used to determine compliance. Detainees have access to the law library during facility waking hours (5:30 AM until 11:00 PM) seven days per week. ICE detainees interviewed had no problems regarding access to the law library. The law library is located in a room that is approximately 15 feet by 25 feet and is well lit and quiet. The health care and segregation units have law library stations for use by detainees housed there. Based on this inspector's review, the facility is in compliance with the requirements of this detention standard. / November 3, 2011 b6 b7c Reviewer’s Signature / Date b6 b7c 130 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009803 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 and accredited representatives for group presentations. 2. Upon receipt of concurrence by the Field Office Director, the facility or authorized ICE/DRO Field Office ensures proper notification to attorneys or accredited representatives in a timely manner. 3. The facility follows policy and procedure when rejecting or requesting modifications to objectionable material provided or presented by the attorney or accredited representative. 4. Posters announcing presentations appear in common areas at least 48 hours in advance and sign-up sheets are available and accessible. 5. Detainees have access to group presentations on immigration law, procedures and detainee options. Documentation is submitted and maintained when any detainee is denied permission to attend a presentation and the reason(s) for the denial. 6. When the number of detainees allowed to attend a presentation is limited, the facility allows a sufficient number of presentations so that all detainees signed up may attend. 7. Detainees in segregation, unable to attend for security reasons may request separate sessions with presenters. Such requests are documented. 8. Interpreters are admitted when necessary to assist attorneys and other legal representatives. 9. Presenters are afforded a minimum of one hour to make the presentation and additional time to conduct a question-andanswer session. 10. Staff permits presenters to distribute ICE/DRO-approved 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 is present but do not monitor conversations with legal providers. 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. 131 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009804 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. 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. 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.) The facility has not had any Legal Rights Group Presentations during the past 12 months. / November 3, 2011 b6 b7c Reviewer’s Signature / Date b6 b7c 132 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009805 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 133 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009806 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 1. A Detention File is created for every new arrival whose stay will exceed 24 hours. 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 Facility policy 8038, Detention Files, addresses the creation of a file for every new arrival. 2. The detainee Detention File contains either originals or copies of documentation and forms generated during the admissions process. 3. The detainee’s Detention File also contains documents generated during the detainee’s custody. • Special requests • Any G-589s and/or I-77s or IGSA equivalent, closedout during the detainee’s stay • Disciplinary forms/Segregation forms • Grievances, complaints, and the disposition(s) of same 4. The Detention Files are located and maintained in a secured area. If not the cabinets are lockable and distribution of the keys is limited to supervisors. The portion of this component requiring detention files is in lockable cabinets and the key distribution to be limited to supervisors if the files are not located in a secure area is specific to SPCs and CDFs. The detention files are located in a Record's Office. They are maintained in a locked filing cabinet and the keys are limited to supervisors. No detainees are allowed in the detention file area. 5. The Detention File remains active during the detainee’s stay. When the detainee is released from the facility, staff adds copies of completed release documents, the original closed-out receipts for property and valuables, the original I-385 or equivalent and other documentation. 6. The officer closing the Detention File makes a notation that the file is complete and ready to be archived. A Final Release Sheet is placed in the closed file to indicate that the file is closed and ready to be archived. 7. Staff make copies and sends documents from the file when appropriately requested by supervisory personnel at the receiving facility or office. 8. Appropriate staff has access to the Detention Files and other departmental requests are accommodated by making a request for the file. Each file is properly logged out and in by a representative of the responsible department. An Out Card is filled out any time an authorized staff member removes a file. A log is also maintained. 9. Electronic record-keeping systems and data are protected from unauthorized access. Facility policy 8038.7, Electronic Files, addresses this component. 134 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009807 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 10. Unless release of information is required by statute or regulation, a detainee must sign a release-of-information consent form prior to the release of any information, and a copy of the form is maintained in the detainee’s Detention File. 11. Electronic data on individual detainees is subject to the same Privacy Act regulations as the contents of traditional paper Detention Files and A-files. 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. 13. The Detention Operations Supervisor or equivalent can direct certain documents be added to a detainee’s detention File. 14. Archived files are purged after six years by shredding or burning. 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.) This inspector reviewed facility policy, interviewed the Senior Office Supervisor, and reviewed ten detention files. Detention files are maintained in a secure area. Only authorized staff has access to the detention files. All files reviewed contained the appropriate documents required by the detention standard. Based on this inspector's review, the facility is in compliance with the requirements of this detention standard / November 3, 2011 b6 b7c Reviewer’s Signature / Date b6 b7c 135 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009808 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 8039, News Media Interviews and Tours, addresses the procedure to be followed. 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. This facility did not conduct any news media interviews or tours during the past 12 months. Facility policy indicates the facility would comply with the requirements of this component when interviews and tours are approved. 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. Facility policy indicates the facility would comply with the requirements of this component when a request for an interview with a high-profile detainee is received. 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. Facility policy indicates release forms would be obtained and properly filed when media representatives record or photograph a detainee. 5. All press pools are organized `according to the procedures in the Detention Standard. • A press pool may be established when the Field Office Director and facility administrator determine that the volume of interview requests warrants such action. • All media representatives with pending or requested, tours, or visits were notified that, effective immediately and until further notice, all media representatives must comply with the press pool guidelines established by the Field Office Director. • All material generated from such a press pool is made available to all news media, without right of first publication or broadcast. PART 7 - 39. NEWS MEDIA INTERVIEWS AND TOURS Meets Standard Does Not Meet Standard N/A Repeat Finding 136 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009809 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 Remarks: (Record significant facts, observations, other sources used, etc.) This facility did not conduct any news media interviews or tours during the past 12 months. A review of facility policy revealed the facility is staged to satisfy the requirements of the detention standard should a news media or interview request be received. / November 3, 201 b6 b7c Reviewer’s Signature / Date b6 b7c 137 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009810 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 1. The facility conducts appropriate orientation, initial training, and annual training for all staff, contractors, and volunteers. 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 Facility policy 8040, Staff Training, contains a lesson plan addressing orientation, initial training at the academy, and annual training for all staff, contractors, and volunteers. Training files were reviewed to verify appropriate 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. 3. At least one qualified individual with specialized training for the position coordinates and oversees the staff development and training program. At a minimum, fulltime training personnel complete a 40-hour training-fortrainers course. The facility's Training Coordinator has 18 years of management and staff training experience. He has developed appropriate training curriculums and training plans. 4. Training is governed and guided by a training plan that is reviewed and approved annually by the facility administrator. The facility's training plan is approved annually. 5. An accurate and complete record is maintained of all formal training activities in: • Individual training folders, • Other training records systems, and/or • Electronic systems. The facility's hard copy training records and electronic records are in accordance with this component. 138 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009811 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 139 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009812 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 7. Clerical/support employees who have minimal 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. 140 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009813 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 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 misconduct awareness. • National Detention Standards. 141 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009814 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. 142 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009815 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 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 assignments. before undertaking their 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. 14. (MANDATORY) All personnel authorized to use firearms demonstrate competency in their use at least annually. All sworn staff is trained on the use of firearms at the academy and then again each quarter. Employees failing to qualify with a firearm are subject to discipline or termination. 143 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009816 G-324A (Coded 10132010) Detention Review Worksheet - Rev: 5/11/09 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. 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 All sworn deputies are trained at the academy and then annually at the facility. 16. All staff receives orientation and annual training on the facility’s drug-free workplace program. Typical contents are: • Staff, contractors, and volunteers prohibited from: • Using illegal drugs. • Possessing illegal drugs except in the authorized performance of official duties. • Procedures to be used to ensure compliance. • Opportunities available for treatment and/or counseling for drug abuse. • Penalties for violation of the policy. 17. New staff is required to acknowledge in writing that they have reviewed and understand the facility’s drug-free workplace program, and a copy of the signed acknowledgement is maintained in that person’s personnel file. 18. All staff is trained during orientation and annually thereafter, regarding the facility’s code of ethics. Typical contents are: • Staff, contractors, and volunteers prohibited from: • Using their official positions to secure privileges for themselves or others. • Engaging in activities that constitute a conflict of interest. • Accepting any gift or gratuity from, or engaging in personal business transactions with a detainee or a detainee's immediate family. • Acceptable behavior in the areas of campaigning, lobbying or political activities. 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. All staff is required to sign that they have received and understand facility work rules, ethics, regulations, conditions of employment, and other related documents. 144 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009817 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 20. (MANDATORY) All staff in frequent contact with detainees is trained at least annually to respond to healthrelated 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 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. aid and cardiopulmonary Facility policy 8043.3, Annual Training, includes all of the bulleted topics in this component. Employee files were reviewed to verify that initial and annual training was received. 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. 145 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009818 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 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 procedures, and • Follow-up monitoring of detainees who have attempted suicide. and suicide-watch Facility policy 8043.3, Annual Training, includes all of the bulleted topics in this component. Employee files were reviewed to verify initial and annual training was received. level 23. All staff is trained during orientation and annually to recognize the signs of a hunger strike and on the procedures for referral for medical assessment. 24. All staff is trained in proper procedures for the care and handling of keys. Orientation training shall be accomplished before staff is issued keys, and key control shall be among the topics covered in annual training. Ordinarily, such training is done by the Security Officer or Key Control Officer. 25. Through ongoing (at least annual) training, all detention facility staff is made aware of their responsibilities to control situations involving aggressive detainees. At a minimum, training shall include: • The requirements of this Detention Standard • The use of force continuum • Communication techniques • Cultural diversity • Dealing with the mentally ill • Confrontation-avoidance techniques • Approved methods of self-defense • Force cell-move techniques • Communicable diseases, particularly precautions to be taken for use of force • Application of restraints (progressive and hard) • Reporting procedures. 146 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009819 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 provides up to $2,000 a year to encourage staff to continue their education. PART 7 – 40. STAFF TRAINING Meets Standard Does Not Meet Standard N/A Repeat Finding Remarks: (Record significant facts, observations, other sources used, etc.) Facility policy for staff training and the training plan are in compliance with the requirements of this detention standard. Review of hard and electronic copies of the training records revealed staff has received the entire mandatory and non-mandatory subject training required. b6, b6,b7c b7c b6, b7c/ November 3, 2011 Reviewer’s Signature / Date b6 b7c 147 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009820 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 Facility policy 8041 Transfer of Detainees, addresses the transfer procedures. 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. 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. 6. The detainee is provided with a completed Detainee Transfer Notification Form. Detainees are provided a copy of the completed Detainee Transfer Notification Form just prior to transfer. 7. Form G-391 or equivalent authorizing the removal of a detainee from a facility is used. 8. For medical transfers: • The Division of Immigration Health Services (DIHS) Medical Director or designee approves the transfer. • Medical transfers are coordinated through the local ICE/DRO office. • A medical transfer summary is completed and accompanies the detainee. • Detainee is issued a minimum of 7 days worth of prescription medications. 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. 148 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009821 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 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. 14. Meals are provided when transfers occur during normally schedule meal times. When transfers occur during a meal period, a sack lunch is provided. 15. An A-File or work folder accompanies the detainee when transferred to a different Field Office or sub-office. 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.) This inspector reviewed facility policy, interviewed the Supervisory Detention and Deportation Officer, and reviewed transfer documents in the detention files. Based on this inspector's review, the facility is in compliance with the standard. / November 3, 201 b6 b7c Reviewer’s Signature / Date b6 b7c 149 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009822 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 November 1-3, 2011 C. Previous/Most Recent Facility Review Date[s] of Last Facility Review November 2-4, 2010 Previous Rating Meets Standards Does Not Meet Standards D. Name and Location of Facility Name Theo Lacy Facility Address (Street and Name) 501 The City Drive South City, State and Zip Code Orange, CA 92868 County Orange Name and Title of Facility Administrator (Warden/OIC/Superintendent) Captain (b)(6), (b)(7)c Telephone # (Include Area Code) 714-935 b6 b7c Field Office / Sub-Office (List Office with oversight responsibilities) Los Angeles Distance from Field Office Approximately 40 Miles E. ICE Information Name of Inspector (Last Name, Title and Duty Station) b6 b7c / LCI / MGT of America, Inc. Name of Team Member / Title / Duty Location b6 b7c CI-Security / MGT of America, Inc. Name of Team Member / Title / Duty Location b6, b7c / CI-Medical / MGT of America, Inc. Name of Team Member / Title / Duty Location b6, b7c / CI-Safety and Food Service / MGT of America, Inc. F. G. CDF/IGSA Information Only Contract Number Date of Contract or IGSA DROIGSA-10-0001 July 15, 2010 Basic Rates per Man-Day $118.00 Other Charges: (If None, Indicate N/A) Medical Prescription Reimbursement; Escort Services; Work Program; Transportation Mileage; Stationary Guard Services Estimated Man-days Per Year 172,280 Detention Review Summary Form Facilities Used Over 72 hours H. Accreditation Certificates List all State or National Accreditation[s] received: Check box if facility has no accreditation[s] I. 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 1960 Date Last Remodeled or Upgraded A-E Barracks Remodel Completed April 15, 2005 Date New Construction / Bedspace Added Completed Module R Construction in June 2006 Future Construction Planned Yes No Date: Current Bed Space Future Bed Space (# New Beds only) Number: 0 Date: 3,111 J. Total Facility Population Total Facility Intake for previous 12 months 22,264 Total ICE Mandays for Previous 12 months 164,881 K. Classification Level (ICE SPCs and CDFs Only) L-1 L-2 L-3 Adult Male Adult Female L. Facility Capacity Rated Adult Male 2,464 Adult Female 0 Operational 3,111 0 Emergency 3,507 0 Facility holds Juveniles Offenders 16 and older as Adults M. Average Daily Population ICE Adult Male 452 Adult Female 0 N. Facility Staffing Level Security: 311 USMS 0 0 Other 2,443 0 Support: 134 2012FOIA3030.009823 Form G-324A SIS (Rev. 9/3/08) Significant Incident Summary Worksheet For ICE to complete its review of your facility, the following information must be completed prior to the scheduled review dates. The information on this form should contain data for the past twelve months in the boxes provided. The information on this form is used in conjunction with the ICE Detention Standards in assessing your Detention Operations against the needs of the ICE and its detained population. This form should be filled out by the facility prior to the start of any inspection. Failure to complete this section will result in a delay in processing this report and the possible reduction or removal of ICE’ detainees at your facility. Incidents Assault: Offenders on Offenders1 Description Types (Sexual2, Physical, etc.) With Weapon Without Weapon Assault: Detainee on Staff 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 of Times Canines Used in Facility Offender / Detainee Medical Referrals as a result of injuries sustained. Escapes Deaths Psychiatric / Medical Referrals 2 3 4 With Weapon Without Weapon Number/Reason (M=Medical, V=Violent Behavior, O=Other) Type (C=Chair, B=Bed, BB=Board, O=Other) Attempted Grievances: 1 Types (Sexual Physical, etc.) Actual # Received # Resolved in favor of Offender/Detainee Reason (V=Violent, I=Illness, S=Suicide, A=Attempted Suicide, O=Other) Number # Medical Cases referred for Outside Care # Psychiatric Cases referred for Outside Care Jan – Mar Apr – Jun Jul – Sept Oct – Dec P P P P 3 10 10 6 77 97 52 93 P P P P 0 0 0 0 3 3 4 3 0 0 0 0 2 4 4 3 7 11 8 18 1 4 1 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 2 4 0 0 1 0 0 0 0 0 66 95 91 66 0 0 0 0 I 0 0 I 2 0 0 1 38 39 45 31 0 0 0 0 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. Form2012FOIA3030.009824 G-324A SIS (Rev. 9/3/08) 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 Form2012FOIA3030.009825 G-324A SIS (Rev. 9/3/08) 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 Nam b6 b7c b6 b7c Title & Duty Location Date Lead Compliance Inspector, MGT of America, Inc. November 5, 2011 Team Members Print Name, Title, & Duty Location b6, b7c b6, b7c Print Name, Title, & Duty Location CI-Security, MGT of America, Inc. Print Name, Title, & Duty Location b6 b7c b6, b7c CI-Medical, Print Name, Title, & Duty Location b6, b7c b6, b7c CI-Environmental Health and Safety & Food Service, MGT of America, Inc. Print Name, Title, & Duty Location MGT of America, Inc. Print Name, Title, & Duty Location Print Name, Title, & Duty Location Print Name, Title, & Duty Location Print Name, Title, & Duty Location Print Name, Title, & Duty Location Print Name, Title, & Duty Location Print Name, Title, & Duty Location Recommended Rating: Meets Standards Does Not Meet Standards Comments: b7e ESCAPE ATTEMPT: On August 1, 2011, deputies at the Theo Lacy Facility conducted a count in H Barracks and found one local inmate missing. After reconciling the count and performing a module book count, deputies identified the missing inmate. The inmate reported to dental on an internal movement pass earlier in the day. Deputies contacted dental staff who informed them that the inmate reported to dental and had X-rays taken; however, he did not check with the medical deputy prior to leaving nor take his movement pass. A facility lockdown was initiated and deputies searched for the missing inmate. The deputies found the inmate hiding in a trench approx. 4' wide, 3' deep, and 54" long covered with plywood. The area was surrounded with orange fencing to prevent anyone from entering. The trench was located inside the secure perimeter of the facility and there was no access outside of the secure perimeter. The trench was made to repair a gas line. Deputies removed the inmate and escorted him to segregation to be interviewed. An investigation was conducted by the facility. The inmate was not an ICE detainee. Form2012FOIA3030.009826 G-324A SIS (Rev. 9/3/08) RESTRAINTS: The facility does not use four/five point restraints or a restraint chair. If a detainee becomes violent or needs to be restrained for any reason they are immediately transported to the Orange County Intake/Release Center. DEATHS: During the past 12 months the facility has had three deaths. One of the deaths was an ICE detainee. A 55 year old Hispanic male ICE detainee died January 31, 2011 at the University of California-Irvine Medical Center. An autopsy was conducted and the cause of death was determined to be a massive myocardial infarction (heart attack) due to significant coronary artery blockage. ICE staff was notified and conducted an investigation. A 39 year old Asian male non-ICE detainee died December 15, 2010 after being admitted to a community hospital on December 6, 2010. While in the hospital the detainee was diagnosed with acute leukemia. An autopsy was performed and the cause of death was determined to be complications secondary to acute leukemia. A 34 year old Hispanic non-ICE detainee died on February 3, 2011 following hospitalization on January 16, 2011. The detainee had a history of renal failure and was receiving renal dialysis. He was originally admitted to the hospital due to a severe infection of the toes on the left foot. While in the hospital his condition rapidly worsened. An autopsy was conducted and the cause of death was determined to be complications from renal failure. GRIEVANCES: The grievance portion of this form identifying grievances resolved in favor of the detainee is marked 0 because the facility does not track the resolution of grievances. CLASS ACTION ORDER: The facility was found in violation of the Americans with Disabilities Act (ADA) due to not providing equal recreational, educational and vocational programming opportunities for individuals with mobility or dexterity impairments (class members). Additionally, the facility was cited for not providing proper accessibility (e.g. shower controls, phones and counter tops too high). The court ordered the facility to provide those with mobility or dexterity impairments access to the same programs and services as others of the same classification level. The facility was also ordered to make modifications to provide accessibility in areas where these individuals are housed and other locations such as recreation areas, dayrooms and intake/release processing areas. These issues and concerns have all been addressed. For the next two years, the court has appointed a monitor to ensure the facility's compliance with the order in this case. The monitor will be checking the facility's documentation and conducting inspections on a regular basis. Form2012FOIA3030.009827 G-324A SIS (Rev. 9/3/08) Department of Homeland Security Immigration and Customs Enforcement Office of Enforcement and Removal Operations ICE Uniform Corrective Action Plan ICE Uniform Corrective Action Plan Facility Name THEO LACY FACILITY Address (Street and Name) 501 THE CITY DRIVE SOUTH City, State and Zip Code ORANGE, CA 92868 County ORANGE Date[s] of Facility Review 11/1/2011 Complete and Return to ICE HQ No Later Than: Facility Corrective Action Plan Assigned To: LOS Date of Final Submission: Instructions for Corrective Action Response FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Report produced on Monday, November 21, 2011 2012FOIA3030.009828 Department of Homeland Security Immigration and Customs Enforcement Office of Enforcement and Removal Operations Provide a detailed description of the corrective action taken by the facility to address each of the deficiencies identified in the review. Please ensure that each corrective action corrects the noted deficiency to the fullest extent possible. In the event a deficiency cannot be corrected within the authorized timeline, an explanation is required in the “Corrective Actions” column. The explanation should include a work around solution while pending final resolution, and an approximate completion date. If an extension is needed, the Field Office must contact the appropriate DMD staff member with this request in advance of the specified timelines for submission. *Exceptions to this timeline may be granted for necessary construction and staffing requirements, but will require an estimated completion date and temporary “work around” as part of the approved UCAP. Serious life and safety issues must be corrected immediately. Correspondance 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. Component Deficiency Identified Corrective Action Date Completed Staff are only authorized to The requirement to inspect inspect outgoing correspondence outgoing mail without the or other mail without the detainee present is specific to detainee present when there is SPCs and CDFs. It is facility's reason to believe the item might policy to inspect all outgoing mail present a threat to the facility's without the detainee being secure or orderly operation, present. The facility reports this endanger the recipient or the is done to ensure that public, or might facilitate contraband and/or gang material criminal activity. is not sent that could jeopardize the security of the facility or harm the public. Correspondance and Other Mail Detainee Grievance Procedures 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. Component Deficiency Identified Corrective Action Date Completed Written procedures provide for The facility has no established the informal resolution of oral written procedures for the grievances (Not mandatory). If informal resolutions of oral yes, the detainee has up to five grievances; however, practice is days within which to make his or to attempt to resolve issues her concern known to a member through informal resolution. of the staff. Detainee Grievance Procedures 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. Component Deficiency Identified Corrective Action Date Completed FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Report produced on Monday, November 21, 2011 2012FOIA3030.009829 Department of Homeland Security Immigration and Customs Enforcement Office of Enforcement and Removal Operations 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. Detainee Handbook The handbook does not describe official count times. All other information listed in this component is described in the handbook. Food Services 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. Component Deficiency Identified Corrective Action Date Completed The FSA monitors staff All counts within the kitchen are implementation of the facility conducted by Deputies. The population count procedures. food service staff is not involved These procedures are in writing. in facility counts. Staff are trained in count procedures. Food Services 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. Component Deficiency Identified Corrective Action Date Completed Family units, persons of There are no females or juveniles advanced age (over 70), females housed at this facility. Detainees with children, and over the age of 70 are placed in unaccompanied juvenile hold rooms if needed and closely detainees (under the age of 18) monitored closely. are not placed in hold rooms. Hold Rooms in Detention Facilities 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. Component Deficiency Identified Corrective Action Date Completed There are policy and procedures The facility does not have for a situation where special procedures established for security precautions for legal special security requirements for visitation have to be legal visits. implemented and for advising legal service providers and assistants prior to their visits. Special Management Units FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Report produced on Monday, November 21, 2011 2012FOIA3030.009830