601 13th Street, NW Suite 650 North Washington, DC 20005 Contract # HSCECR-09-C-00004 ICE National Detention Standards Compliance Review Facility: York County Prison Inspection Date: October 18-20, 2011 Report Date: October 23, 2011 ______________________________________________________________________________ FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.011090 Department of Homeland Security Immigration and Customs Enforcement Office of Detention and Removal Condition of Confinement Review Worksheet (This document must be attached to each G-324A Inspection Form) This Form to be used for Inspections of all Facilities Used Over 72 Hours ICE Detention Standards Review Worksheet Local Jail – IGSA State Facility – IGSA ICE Contract Detention Facility Name York County Prison Address (Street and Name) 3401 Concord Road City, State and Zip Code York, Pennsylvania 17402 County York Name and Title of Chief Executive Officer (Warden/OIC/Superintendent) b6, b7c Warden Name and Title of Lead Compliance Inspector b6 b7c Date[s] of Review From 10/18/11 to 10/20/11 Type of Review Headquarters Operational Special Assessment Other FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A (Coded 10132010) Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 2012FOIA3030.011091 TABLE OF CONTENTS DETAINEE SERVICES STANDARDS (SECTION I) ............................................................................. 3 ACCESS TO LEGAL MATERIALS ................................................................................................................ ADMISSION AND RELEASE ....................................................................................................................... CLASSIFICATION SYSTEM......................................................................................................................... CORRESPONDENCE AND OTHER MAIL ..................................................................................................... DETAINEE HANDBOOK ............................................................................................................................. FOOD SERVICE ......................................................................................................................................... FUNDS AND PERSONAL PROPERTY........................................................................................................... DETAINEE GRIEVANCE PROCEDURES ...................................................................................................... GROUP PRESENTATIONS ON LEGAL RIGHTS ............................................................................................ ISSUANCE AND EXCHANGE OF CLOTHING, BEDDING, AND TOWELS ....................................................... MARRIAGE REQUESTS .............................................................................................................................. NON-MEDICAL ESCORTED TRIPS ............................................................................................................. RECREATION ............................................................................................................................................ RELIGIOUS PRACTICES ............................................................................................................................. ACCESS TO TELEPHONES ......................................................................................................................... VISITATION............................................................................................................................................... VOLUNTARY WORK PROGRAM ................................................................................................................ HEALTH SERVICES STANDARDS (SECTION II) ............................................................................ 36 HUNGER STRIKES ..................................................................................................................................... ACCESS TO MEDICAL CARE ..................................................................................................................... SUICIDE PREVENTION AND INTERVENTION.............................................................................................. TERMINAL ILLNESS, ADVANCED DIRECTIVES AND DEATH..................................................................... SECURITY AND CONTROL STANDARDS (SECTION III) ................................................................ 47 CONTRABAND .......................................................................................................................................... DETENTION FILES..................................................................................................................................... DISCIPLINARY POLICY ............................................................................................................................. EMERGENCY PLANS ................................................................................................................................. ENVIRONMENTAL HEALTH AND SAFETY ................................................................................................. HOLD ROOMS IN DETENTION FACILITIES ................................................................................................ KEY AND LOCK CONTROL ........................................................................................................................ POPULATION COUNTS ............................................................................................................................... POST ORDERS ........................................................................................................................................... SECURITY INSPECTIONS ........................................................................................................................... SPECIAL MANAGEMENT UNIT (ADMINISTRATIVE SEGREGATION) .......................................................... SPECIAL MANAGEMENT UNIT (DISCIPLINARY SEGREGATION) ............................................................... TOOL CONTROL ........................................................................................................................................ TRANSPORTATION (LAND) ...................................................................................................................... USE OF FORCE .......................................................................................................................................... STAFF/DETAINEE COMMUNICATIONS ...................................................................................................... DETAINEE TRANSFER STANDARD ............................................................................................................ NOTE: FOR EACH STANDARD RATED BELOW ACCEPTABLE, FACILITIES MUST ATTACH A PLAN OF ACTION FOR BRINGING OPERATIONS INTO COMPLIANCE. EACH FACILITY SHOULD EXAMINE THE ENTIRE WORKSHEET TO IDENTIFY AREAS OF IMPROVEMENT, INCLUDING THOSE STANDARDS WHERE AN OVERALL FINDING OF ACCEPTABLE WAS ACHIEVED. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 2 of 88 2012FOIA3030.011092 SECTION I DETAINEE SERVICES STANDARDS FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 3 of 88 2012FOIA3030.011093 ACCESS TO LEGAL MATERIALS POLICY: FACILITIES HOLDING ICE DETAINEES SHALL PERMIT DETAINEES ACCESS TO A LAW LIBRARY, AND PROVIDE LEGAL MATERIALS, FACILITIES, EQUIPMENT, DOCUMENT COPYING PRIVILEGES, AND THE OPPORTUNITY TO PREPARE LEGAL DOCUMENTS. COMPONENTS YES NO NA REMARKS The facility provides a designated law library for detainee use. There are four separate law libraries, as well as LexisNexis-equipped terminals in the units available for use by the detainees. The law library contains all materials listed in the “Access to The facility uses LexisNexis to provide Legal Materials” Standard, Attachment A. The listing of Attachment A materials; therefore there is materials is posted in the law library. no requirement to post the listing of materials. The library contains a sufficient number of chairs, is well lit, and Each of the areas observed had sufficient is reasonably isolated from noisy areas. chairs, were well lit, and provided a reasonable working environment. The law library is adequately equipped with typewriters and/or computers, and has sufficient supplies for daily use by the detainees. In addition to the physical law library, detainees have access to the Lexus Nexus electronic law library. Where provided, the Lexus Nexus library is updated and is LexisNexis was updated in October 2011. current. Outside persons and organizations are permitted to submit Pennsylvania Immigration Resource Center published legal material for inclusion in the legal library. Outside (PIRC) is an example of an outside agency published material is forwarded and reviewed by ICE prior to that is permitted to submit material to be inclusion. included in the law library. There is a designated ICE or facility employee who inspects, updates, and maintains/replaces legal materials and equipment on a routine basis. 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 may request materials not currently in the law library. Detainees may request materials through Each request is reviewed and, where appropriate, an acquisition PIRC, ICE or their counselor. It was request is timely initiated. Requests for copies of court decisions reported by staff that such material, if are accommodated within 3 – 5 business days. available, is provided within the required time frame. Detainees are permitted to assist other detainees, voluntarily and free of charge, in researching and preparing legal documents, consistent with security. Illiterate or non-English-speaking detainees without legal representation receive access to more than just English-language law books after indicating their need for help. 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 housed in Administrative Detention and Disciplinary Time slots are available to provide detainees Segregation units have the same law library access as the general in Administrative Detention and population, barring security concerns. Detainees denied access to Disciplinary Segregation access to the law legal materials are documented and reviewed routinely for lifting library. Detainees are not denied access to of sanctions. the law library. All denials of access to the law library fully documented. ICE detainees are not denied access to the law library. Facility staff informs ICE Management when a detainee or group Detainees are not denied access to the law of detainees is denied access to the law library or law materials. library. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 4 of 88 2012FOIA3030.011094 ACCESS TO LEGAL MATERIALS POLICY: FACILITIES HOLDING ICE DETAINEES SHALL PERMIT DETAINEES ACCESS TO A LAW LIBRARY, AND PROVIDE LEGAL MATERIALS, FACILITIES, EQUIPMENT, DOCUMENT COPYING PRIVILEGES, AND THE OPPORTUNITY TO PREPARE LEGAL DOCUMENTS. COMPONENTS YES NO NA REMARKS Detainees who seek judicial relief on any matter are not subjected to reprisals, retaliation, or penalties. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: Given the number of law library locations and the availability of LexisNexis equipped computer terminals in the units, ICE detainees have ample opportunity to prepare legal documents and access the courts. Detainees have never been denied access to legal materials and there are so many methods available at this facility to provide detainee access to legal materials, it is doubtful denial will ever become necessary. Interviews with staff and detainees, review of documentation, and observation of existing law library locations and available resources were used to confirm compliance with the requirements of the detention standard. b6 b7c / October 20, 2011 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 5 of 88 2012FOIA3030.011095 ADMISSION AND RELEASE POLICY: ALL DETAINEES WILL BE ADMITTED AND RELEASED IN A MANNER THAT ENSURES THEIR HEALTH, SAFETY, AND WELFARE. THE ADMISSIONS PROCEDURE WILL, AMONG OTHER THINGS INCLUDE: MEDICAL SCREENING; A FILE-BASED ASSESSMENT AND CLASSIFICATION PROCESS; A BODY SEARCH; AND A SEARCH OF PERSONAL BELONGINGS, WHICH WILL BE INVENTORIED, DOCUMENTED, AND SAFEGUARDED AS NECESSARY. COMPONENTS YES NO NA REMARKS In-processing includes an orientation of the facility. The The section of the component that requires orientation includes: Unacceptable activities and behavior, and the following topics to be included in the corresponding sanctions; How to contact ICE; The availability of detainee orientation is specific to SPCs or pro bono legal services, and how to pursue such services; CDFs: Unacceptable activities and behavior schedule of programs, services, daily activities, including and corresponding sanctions; how to contact visitation, telephone usage, mail service, religious programs, ICE; the availability of pro bono legal count procedures, access to and use of the law library and the services, and how to pursue such services; general library; sick-call procedures, and the detainee handbook. 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; and sick call procedures. Detainees receive a handbook and a verbal orientation by an intake counselor. An orientation video is shown each evening in the housing units. All information identified in this component is addressed in the handbook and orientation sessions. All new detainees receive a medical screen, a Medical screenings are performed by medical staff or persons mental health screen, and a chest ex-ray who have received specialized training for the purpose of performed by ICE Health Services Corps conducting an initial health screening. (IHSC) employees. Any issues are immediately referred to the medical contract provider (Prime Care Medical). Each new arrival is classified according to criminal history and The facility relies upon the classification threat levels. Criminal history is provided for each detainee by levels provided by ICE to determine the ICE field office. appropriate housing assignments. All new arrivals are searched in accordance with the “Detainee All new detainees are pat searched by an Search” standard. An officer of the same sex as the detainee officer of the same sex, in an area that affords conducts the search and the search is conducted in an area that sufficient privacy. affords as much privacy as possible. Detainees are stripped searched only when cause has been Detainees may be strip searched with cause. established and not as routine policy. Non-criminal detainees In those cases when a strip search is are not strip-searched but are patted down, unless reasonable conducted, the incident is documented. The suspicion is established. policy regarding strip searches is addressed in the York County Prison Procedures Manual. The “Contraband” standard governs all personal property searches. IGSAs/CDFs use or have a similar contraband standard. Staff prepares a complete inventory of each detainee’s possessions. The detainee receives a copy. Contraband is seldom found during the intake process. At this time, ICE maintains possession of detainee property and valuables. In the near future, the facility will assume the responsibility of securing detainee property and valuables. The policy addressing the handling of contraband is included in the York County Prison Procedures Manual. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 6 of 88 2012FOIA3030.011096 ADMISSION AND RELEASE POLICY: ALL DETAINEES WILL BE ADMITTED AND RELEASED IN A MANNER THAT ENSURES THEIR HEALTH, SAFETY, AND WELFARE. THE ADMISSIONS PROCEDURE WILL, AMONG OTHER THINGS INCLUDE: MEDICAL SCREENING; A FILE-BASED ASSESSMENT AND CLASSIFICATION PROCESS; A BODY SEARCH; AND A SEARCH OF PERSONAL BELONGINGS, WHICH WILL BE INVENTORIED, DOCUMENTED, AND SAFEGUARDED AS NECESSARY. COMPONENTS YES NO NA REMARKS Staff completes Form I-387 or similar form for CDFs and IGSAs Detainees have the option to submit a missing for every lost or missing property claim. Facilities forward all Iproperty claim through the facility grievance 387 claims to ICE. process or submit a Claim for Damage, Injury, or Death Form to ICE. Detainees are issued appropriate and sufficient clothing and bedding for the climatic conditions. The facility provides and replenishes personal hygiene items as needed. Gender-specific items are available. ICE Detainees are not charged for these items. All releases are properly coordinated with ICE using a Form IThis component is only applicable for SPCs 203. and CDF''s. Form I-203 is used to authorize the release of detainees. Staff completes paperwork/forms for release as required. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: The admission and release process at this facility ensures the health, safety, and welfare of the ICE detainees being processed. Detainees are searched, receive a medical screening, have their property inventoried and properly stored, and are properly classified. Based upon a review of the process, and documentation, as well as interviews of staff and detainees it was determined that the Admission and Release process at this facility is consistent with the requirements of the detention standard. b6 b7c October 20, 2011 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 7 of 88 2012FOIA3030.011097 CLASSIFICATION SYSTEM POLICY: ALL FACILITIES WILL DEVELOP AND IMPLEMENT A SYSTEM ACCORDING TO WHICH ICE DETAINEES ARE CLASSIFIED. THE CLASSIFICATION SYSTEM WILL ENSURE THAT EACH DETAINEE IS PLACED IN THE APPROPRIATE CATEGORY, PHYSICALLY SEPARATED FROM DETAINEES IN OTHER CATEGORIES COMPONENTS The facility has a system for classifying detainees. In CDFs and IGSAs, an Objective Classification System or similar is used. The facility classification system includes: • Classifying detainees upon arrival; • Separating from the general population those individuals who cannot be classified upon arrival; and • The first-line supervisor or designated classification specialist reviewing every classification decision. The intake/processing officer reviews work-folders, A-files, etc., to identify and classify each new arrival. 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 detainees classifications. Housing assignments are based on classification-level. A detainee's classification-level does not affect his/her recreation opportunities. Detainees recreate with persons of similar classification designations. Detainee work assignments are based upon classification designations. The classification process includes reassessment/reclassification. At IGSA’s, detainees may request reassessment 60 days after arrival. Procedures exist for a detainee to appeal their classification assignment. Only a designated supervisor or classification specialist has the authority to reduce a classification-level on appeal. Classification appeals are resolved within five business days and detainees are notified of the outcome within 10 business days. Classification designations may be appealed to a higher authority, such as the Warden or equivalent. YES NO NA REMARKS The facility relies upon the ICE classification process for the initial placement of detainees within this facility. The facility classification process is explained in the York County Prison Procedures Manual. A limited amount of information is provided to the intake officers when a detainee is admitted to this facility; however, an ICE classification report is provided for use during the admission process. Detainees in all classification levels are provided with recreational opportunities with persons of similar classification levels. Level three detainees are restricted to work assignment within the housing units. Level one and level two detainees are eligible for all work assignments within the facility. No ICE detainees are eligible for work release. Detainees may request classification reassessment after 60 days. The portion of this component that states that a designated supervisor or classification specialist has the authority to reduce a classification-level on appeal is specific to SPCs and CDFs. According to the Classification Policy as described in the York County Prison Procedures Manual, there is a form used to appeal classification decisions, which is submitted to the Deputy Warden for resolution. During the orientation process, the appeal process is explained to detainees. This component is only applicable for SPCs and CDFs. The classification policy at this facility does not establish time frames for the resolution of appeals. This component is only applicable for SPCs and CDFs. Classification designations are appealed to the Deputy Warden. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 8 of 88 2012FOIA3030.011098 CLASSIFICATION SYSTEM POLICY: ALL FACILITIES WILL DEVELOP AND IMPLEMENT A SYSTEM ACCORDING TO WHICH ICE DETAINEES ARE CLASSIFIED. THE CLASSIFICATION SYSTEM WILL ENSURE THAT EACH DETAINEE IS PLACED IN THE APPROPRIATE CATEGORY, PHYSICALLY SEPARATED FROM DETAINEES IN OTHER CATEGORIES COMPONENTS The Detainee Handbook or equivalent for IGSAs explains the classification levels, with the conditions and restrictions applicable to each. ACCEPTABLE DEFICIENT YES NO NA AT-RISK REMARKS Classification levels are identified in the handbook, but the conditions and restrictions applicable to each is not explained. REPEAT FINDING REMARKS: The facility utilizes an objective classification system which ensures ICE detainees are placed in an appropriate category and separated from detainees in other categories. Based upon interviews of staff and a review of available documentation, the classification system is consistent with the requirements of the detention standard. The handbook was revised after the 2010 inspection to include classification levels; however, conditions and restrictions associated with the different classification levels are not explained in the handbook. / October 20, 2011 AUDITOR’S SIGNATURE / DATE b6 b7c FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 9 of 88 2012FOIA3030.011099 CORRESPONDENCE AND OTHER MAIL POLICY: ALL FACILITIES WILL ENSURE THAT DETAINEES SEND AND RECEIVE CORRESPONDENCE IN A TIMELY MANNER, SUBJECT TO LIMITATIONS REQUIRED FOR THE SAFETY, SECURITY, AND ORDERLY OPERATION OF THE FACILITY. OTHER MAIL WILL BE PERMITTED, SUBJECT TO THE SAME LIMITATIONS. EACH FACILITY WILL WIDELY DISTRIBUTE ITS GUIDELINES CONCERNING CORRESPONDENCE AND OTHER MAIL. COMPONENTS The rules for correspondence and other mail are posted in each housing or common area, or provided to each detainee via a detainee handbook. The facility provides key information in languages other than English; In the language(s) spoken by significant numbers of detainees. List any exceptions. Incoming mail is distributed to detainees within 24 hours or 1 business day after it is received and inspected. Outgoing mail is delivered to the postal service within one business day of its entering the internal mail system (excluding weekends and holidays). 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 Warden or equivalent for prevailing security reasons. Staff does not read incoming general correspondence without the Warden’s prior written approval. Staff does not inspect incoming special Correspondence for physical contraband or to verify the “special” status of enclosures without the detainee present. Staff is prohibited from reading or copying incoming special correspondence. 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. YES NO NA REMARKS The portion of this component requiring correspondence rules to be posted in the housing unit or common area is specific to SPCs and CDFs. The rules for correspondence are not posted in the housing units, but they are included in the handbook. Per the Mail Privileges policy of the York County Prison Procedures Manual, incoming correspondence, other than legal correspondence, will be opened and inspected for contraband. The mail is opened without the detainee present. This process has been authorized by in writing by the Warden. This component is only applicable for SPCs and CDFs. The mail policy states that on rare occasions, incoming or outgoing mail may be read by the Warden or his designee if reasonable suspicion exists that jeopardizes prison security and/or public safety. Special correspondence is inspected in the presence of the detainee; however, the facility definition of special correspondence does not include the media. If correspondence is received from a member of the media, it will be inspected as general correspondence without the detainee present. The mail policy states incoming or outgoing mail may be read by the Warden or his designee if reasonable suspicion exists that jeopardizes prison security and/or public safety. Since the media are not included in the definition of special correspondence, it is possible that such correspondence may be read or copied. The portion of this component that limits staff ability to inspect outgoing mail without the detainee being present, under the conditions stated is specific to SPCs and CDFs. Facility policy authorizes all incoming and outgoing correspondence, other than legal correspondence to be opened and inspected for contraband. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 10 of 88 2012FOIA3030.011100 CORRESPONDENCE AND OTHER MAIL POLICY: ALL FACILITIES WILL ENSURE THAT DETAINEES SEND AND RECEIVE CORRESPONDENCE IN A TIMELY MANNER, SUBJECT TO LIMITATIONS REQUIRED FOR THE SAFETY, SECURITY, AND ORDERLY OPERATION OF THE FACILITY. OTHER MAIL WILL BE PERMITTED, SUBJECT TO THE SAME LIMITATIONS. EACH FACILITY WILL WIDELY DISTRIBUTE ITS GUIDELINES CONCERNING CORRESPONDENCE AND OTHER MAIL. COMPONENTS Correspondence to a politician or to the media is processed as special correspondence and is not read or copied. YES NO NA The official authorizing the rejection of incoming mail sends written notice to the sender and the addressee. The official authorizing censorship or rejection of outgoing mail provides the detainee with signed written notice. Staff maintains a written record of every item removed from detainee mail. The Warden or equivalent monitors staff handling of discovered contraband and its disposition. Records are accurate and up to date. 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. Only money orders are accepted in detainee mail. If cash or checks are received, they are discovered during the employee inspection of the mail conducted on the midnight shift and returned to the Mail Officer for disposition. Staff is required to write a report to document the amount of funds received in correspondence. Original identity documents (e.g., passports, birth certificates) are immediately removed and forwarded to ICE staff for placement in A-files. Staff provides the detainee a copy of his/her identity document(s) upon request. Requests for copies of documents are forwarded to ICE who provides the requested copies. The process to dispose of contraband is explained in the York County Prison Procedures Manual. Staff disposes of prohibited items found in detainee mail in accordance with the “Control and Disposition of Contraband” Standard or the similar prevailing policy in IGSAs. Every indigent detainee has the opportunity to mail, at government expense, reasonable correspondence about a legal matter, in three one ounce letters per week and packages deemed necessary by ICE. 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. The facility provides writing paper, envelopes, and pencils at no cost to ICE detainees. ACCEPTABLE DEFICIENT REMARKS Correspondence to a politician is processed as special correspondence; however, correspondence to the media is handled as general correspondence. The requirement for the official authorizing the rejection of incoming mail to send written notice to the sender is specific to SPCs and CDFs. If mail is rejected, the addressee and the sender are notified of the reason for the rejection. Mail is not censored; but if for any other reason it is rejected, the detainee is notified in writing. An electronic log is maintained of all items removed from detainee mail. Indigent detainees may mail three pieces of personal correspondence and five pieces of special correspondence weekly. AT-RISK REPEAT FINDING FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 11 of 88 2012FOIA3030.011101 REMARKS: The procedures to process mail ensure that detainees send and receive correspondence in a timely manner subject to the limitations required for the safety, security, and orderly operation of the facility. Detainees receive information regarding mail procedures in the handbook. Information regarding mail procedures is also available on the facility website. Facility policy authorizes all incoming and outgoing mail be inspected for contraband without the detainee present. The facility defines privileged mail as Legal Mail, not Special Correspondence. The facility definition does not include the media; therefore, mail received from the media is inspected for contraband without the detainee present and may possibly be read or copied. Based on security reasons, the facility has not changed their position since 2010 regarding the inspection of incoming and outgoing correspondence without the detainee's presence. / October 20, 2011 b6 b7c AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 12 of 88 2012FOIA3030.011102 DETAINEE HANDBOOK POLICY: EVERY OIC WILL DEVELOP A SITE-SPECIFIC DETAINEE HANDBOOK TO SERVE AS AN OVERVIEW OF, AND GUIDE TO, THE DETENTION POLICIES, RULES, AND PROCEDURES IN EFFECT AT THE FACILITY. THE HANDBOOK WILL ALSO DESCRIBE THE SERVICES, PROGRAMS, AND OPPORTUNITIES AVAILABLE THROUGH VARIOUS SOURCES, INCLUDING THE FACILITY, ICE, PRIVATE ORGANIZATIONS, ETC. EVERY DETAINEE WILL RECEIVE A COPY OF THIS HANDBOOK UPON ADMISSION TO THE FACILITY. COMPONENTS YES NO NA REMARKS The detainee handbook is written in English and translated into The facility detainee handbook and the ICE Spanish, or into the next most-prevalent Language(s). National Detainee Handbook are written in both English and Spanish. The handbook is supplemented by the facility orientation video, The facility orientation video is shown each where one is provided. evening. All staff members receive a handbook and training regarding the handbook contents. The handbook is revised as necessary and there are procedures The facility detainee handbook was revised in place for immediately communicating any revisions to staff on August 15, 2011. and detainees. There an annual review of the handbook by a designated committee or staff member. The detainee handbook addresses the following issues: • Personal Items permitted to be retained by the detainee; and • Initial issue of clothes, bedding and personal hygiene items. The detainee handbook states in clear language the basic detainee responsibilities. The handbook clearly outlines the methods for classification of The handbook clearly states how detainees detainees, explains each level, and explains the classification are classified, the various classification levels appeals process. and how to submit an appeal for a classification decision. The handbook states when a medical examination will be conducted. The handbook describes the facility, housing units, dayrooms, The facility handbook does not describe in-dorm activities, and special housing units. housing units, dayrooms, in-dorm activities, and special housing units. The handbook describes official count times and count procedures; meal times and 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 describe times and procedures for obtaining disposable razors, and allows that detainees attending court will be afforded the opportunity to shave first. The handbook describes barber hours and hair cutting restrictions. The handbook describes the telephone policy; debit card procedures; direct and free calls; locations of telephones; policy when telephone demand is high; and policy and procedures for emergency phone calls. The handbook addresses religious programming. The handbook states times and procedures for commissary or vending machine usage, where available. The handbook describes the detainee voluntary work program. The handbook describes the library location and hours of operation, and law library procedures and schedules. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 13 of 88 2012FOIA3030.011103 DETAINEE HANDBOOK POLICY: EVERY OIC WILL DEVELOP A SITE-SPECIFIC DETAINEE HANDBOOK TO SERVE AS AN OVERVIEW OF, AND GUIDE TO, THE DETENTION POLICIES, RULES, AND PROCEDURES IN EFFECT AT THE FACILITY. THE HANDBOOK WILL ALSO DESCRIBE THE SERVICES, PROGRAMS, AND OPPORTUNITIES AVAILABLE THROUGH VARIOUS SOURCES, INCLUDING THE FACILITY, ICE, PRIVATE ORGANIZATIONS, ETC. EVERY DETAINEE WILL RECEIVE A COPY OF THIS HANDBOOK UPON ADMISSION TO THE FACILITY. COMPONENTS YES NO NA REMARKS The handbook describes attorney and regular visitation hours, policies, and procedures. The handbook describes the facility contraband policy. The handbook describes the facility visiting hours and schedule, and visiting rules and regulations. The handbook describes the correspondence policy and procedures. The handbook describes the detainee disciplinary policy and procedures, including: • Prohibited acts and severity scale sanctions; • Time limits in the Disciplinary Process; and • Summary of the Disciplinary Process. 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 CDF facilities: 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 detainee handbook describes the medical sick call procedures for general population and segregation. The handbook describes the facility recreation policy including: • Outdoor recreation hours. • Indoor recreation hours. The handbook describes the detainee dress code for daily living; and work assignments. The handbook specifies the rights and responsibilities of all detainees. • • ACCEPTABLE DEFICIENT The section which instructs detainees on how to obtain assistance in preparing a grievance is still not noted in the detainee handbook. AT-RISK REPEAT FINDING REMARKS: The facility has a site specific detainee handbook published in both English and Spanish issued to each detainee upon admission. Staff uses a translator for detainees speaking other languages. Detainees are also issued an ICE National Detainee Handbook upon entry to the facility from ICE staff. A description of the facility, housing units, dayrooms in-dorm activities and special housing units is not included in the handbook. The handbook does not provide the detainees instructions on how to obtain assistance from staff or detainee when preparing a grievance. These are repeat findings from the 2010 inspection. / October 20, 2011 b6, b7cb6, b7c AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 14 of 88 2012FOIA3030.011104 FOOD SERVICE POLICY: EVERY FACILITY WILL PROVIDE DETAINEES IN ITS CARE WITH NUTRITIOUS AND APPETIZING MEALS, PREPARED IN ACCORDANCE WITH THE HIGHEST SANITARY STANDARDS. COMPONENTS YES NO NA REMARKS The food service program is under the direct supervision of a The facility's Food Service Administrator professionally trained and certified food service administrator. (FSA) is a Captain who is trained food Responsibilities of cooks and cook foremen are in writing. The service and oversees all food service Food Service Administrator (FSA) determines the activities. The FSA and all other food responsibilities of the Food Service Staff. service staff are ServSafe certified. The Cook Supervisor is on duty on days when the FSA is off This component is only applicable for SPCs duty and vice versa. and CDFs. Food service staff is on duty 24 hours a day, seven days a week. The FSA provides food service employees with training that specifically addresses detainee-related issues. • In ICE Facilities this includes a review of the ICE "Food Service" standard Knife cabinets close with an approved locking device, and the on-duty cook foreman maintains control of the key that locks the device. 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 monitors the condition of knives and dining utensils. When necessary, special procedures govern the handling of food items that pose a security threat. Operating procedures include daily searches (shakedowns) of detainee work areas. The FSA monitors staff implementation of the facility's population counts procedures. Staff is trained in count procedures. The detainees assigned to the food service department look neat and clean. Their clothing and grooming comply with the "Food Service" standard. The FSA annually reviews detainee-volunteer job descriptions to ensure they are accurate and up-to-date. The Cook Foreman or equivalent instructs newly assigned detainee workers in the rules and procedures of the food service department. During orientation and training session(s), the CS explains and demonstrates: • Safe work practices and methods; • Safety features of individual products/pieces of equipment; and • Training covers the safe handling of hazardous material[s] the detainees are likely to encounter in their work. The Cook Supervisor documents all training in individual detainee detention files. Knife cabinets are secured and inventoried on each shift. Items are inventoried each time they are distributed and returned. The FSA maintains control of the keys to this box. The section of this component requiring staff to monitor the condition of knives and dining utensils is specific to SPCs and CDFs. The FSA monitors the condition of all knives and dining utensils. When knives are being used, they are secured to a work station. The food service area does not contain any products that pose a security threat. Searches are conducted on a daily basis by security staff. All detainees are returned to their housing locations for counts. Documentation is located in detainee training files. ICE detainees are not assigned to work in the kitchen. Non-ICE detainees receive an orientation which includes the items listed in this component. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 15 of 88 2012FOIA3030.011105 FOOD SERVICE POLICY: EVERY FACILITY WILL PROVIDE DETAINEES IN ITS CARE WITH NUTRITIOUS AND APPETIZING MEALS, PREPARED IN ACCORDANCE WITH THE HIGHEST SANITARY STANDARDS. COMPONENTS YES NO NA REMARKS Detainees at CDFs are paid in accordance with the “Voluntary The requirement for detainees to be paid in Work Program” standard. Detainee workers at IGSAs are accordance with the "Voluntary Work subject to local and state rules and regulations regarding detainee Program" standard is specific to SPCs and pay. CDFs. The detainees assigned to the food service department are paid $20 per week. Detainees are served at least two hot meals every day. No more Meals are served within the allotted time period as follows: Breakfast 7:45 AM, than 14 hours elapse between the last meal served and the first Lunch 11:45 AM and Dinner 6:00 PM. meal of the following day. For cafeteria style operations, a transparent "sneeze guard" Sneeze guards were observed in the staff protects both the serving line and salad bar line. lounge area. The facility has a standard 35-day menu cycle. IGSAs use a The section of this component requiring a 3535 day or similar system for rotating meals. day menu cycle is specific to SPCs and CDFs The facility utilizes a 28-day menu cycle. The FSA or facility considers the ethnic diversity of the The facility has a well-balanced and diverse facility’s detainee population when developing menu cycles menu. Food items such as hamburgers, (Provide examples). burritos, chicken, pizza, turkey, chili, are served. A registered dietitian conducts a complete nutritional analysis of A registered dietician reviews and approves every master-cycle menu planned. all master menu items. The FSA has established procedures to ensure that items on the master-cycle menu are prepared and presented according to approved recipes. The Cook Foreman has the authority to change menu items if The standard requires "Cook Supervisor or necessary. equivalent" as having this authority. The • If yes, documenting each substitution, along with its Cook Foreman at this facility can approve a justification menu change. These changes must be documented and forwarded to the FSA. • With copy to FSA All staff and volunteers know and adhere to written "food preparation" procedures. Detainees whose religious beliefs require the adherence to The FSA coordinates all religious diets with particular religious dietary laws are referred to the Chaplain or the Religious Coordinator. FSA. A common-fare menu available to detainees whose dietary requirements cannot be met on the main line. • Changes to the planned common-fare menu can be made at the facility level; • Hot entrees are offered three times a week; • The common-fare menus satisfy nutritional recommended daily allowances (RDAs); • Staff routinely provide hot water for instant beverages and foods; o Common-fare meals are served with:  Disposable plates and utensils.  Reusable plates and utensils. • Staff use separate cutting boards, knives, spoons, scoops, etc., to prepare the common-fare diet items. A supervisor at the command level must approve a detainee’s The Deputy Warden of Treatment approves removal from the Common-Fare Program. the placement or removal of detainees on the Common Fare program. The Warden, in conjunction with the chaplain and/or local religious leaders, provides the FSA a schedule of the ceremonial meals for the following calendar year. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 16 of 88 2012FOIA3030.011106 FOOD SERVICE POLICY: EVERY FACILITY WILL PROVIDE DETAINEES IN ITS CARE WITH NUTRITIOUS AND APPETIZING MEALS, PREPARED IN ACCORDANCE WITH THE HIGHEST SANITARY STANDARDS. COMPONENTS YES NO NA REMARKS 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 The common-fare program supports the after sundown. fasting and religious services for all • Jews who observe Passover but do not participate in the denominations. Common-Fare Program receive the same Kosher-forPassover meals as those who do participate. • Main-line offerings include one meatless meal (lunch or dinner) on Ash Wednesday and Fridays during Lent. The food service program addresses medical diets. Medical staff review and approve diets such as soft diets, gluten-free diets, no soy diets, etc., for the population. Satellite-feeding programs follow guidelines for proper sanitation. Hot and cold foods are maintained at the prescribed, "safe" Food temperatures were observed to be temperature(s) while being served. within the safe range on the days of the inspection. All meals are provided in nutritionally adequate portions. Food is not used to punish or reward detainees based upon behavior. The food service staff instructs detainee volunteers on: • Personal cleanliness and hygiene; • Sanitary techniques for preparing, storing, and serving food; and • The sanitary operation, care, and maintenance of equipment. Everyone working in the food service department complies with food safety and sanitation requirements. Standard operating procedures include weekly inspections of all food service areas, including dining and food-preparation areas and equipment. • Who conducts the inspections? Equipment is inspected for compliance with health and safety codes and regulations. • When was the most recent inspection? • Which agency conducted the inspection? Reports of discrepancies are forwarded to the Warden or designated department head, and corrective action is scheduled and completed. Standard procedure includes checking and documenting temperatures of all dishwashing machines after each meal. Staff documents the results of every refrigerator/freezer temperature check. The cleaning schedule for each food service area is conspicuously posted. Procedures include inspecting all incoming food shipments for damage, contamination, and pest infestation. Food service areas were neat and clean on the days of the inspection. Inspections are completed and documented by the FSA. A health and safety inspection was conducted by a registered dietician with the Department of Public Health on March 10, 2011 with no violations noted. Temperature checks are conducted and documented. Temperature checks are conducted and documented. Food shipments are inspected for damage, contamination and pest infestation. Shipments are declined if there is evidence of problems. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 17 of 88 2012FOIA3030.011107 FOOD SERVICE POLICY: EVERY FACILITY WILL PROVIDE DETAINEES IN ITS CARE WITH NUTRITIOUS AND APPETIZING MEALS, PREPARED IN ACCORDANCE WITH THE HIGHEST SANITARY STANDARDS. COMPONENTS YES NO NA REMARKS Storage areas are locked when not in use. Storage areas were unsecure during the inspection. This is a repeat finding. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: The facility provides a nutritious and diverse menu to the population. The facility utilizes a 28-day menu cycle, which is reviewed and approved by a registered dietician. The facility offers both medical and religious diets. All food service staff is ServSafe certified and trained in food and kitchen safety. Food service was inspected by a registered dietician from the Department of Public Health on March 10, 2011 who found no deficiencies. Since the last inspection, the facility has adjusted meal times to comply with the time requirements for providing meals. The facility dry storage areas and all of the walk-in coolers and freezers were observed unsecured during this inspection. This is a repeat finding from the 2010 inspection. / October 20, 2011 b6, b7cb6, b7c AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 18 of 88 2012FOIA3030.011108 FUNDS AND PERSONAL PROPERTY POLICY: ALL FACILITIES WILL IMPLEMENT PROCEDURES TO CONTROL AND SAFEGUARD DETAINEES’ PERSONAL PROPERTY. PROCEDURES WILL PROVIDE FOR THE SECURE STORAGE OF FUNDS, VALUABLES, BAGGAGE AND OTHER PERSONAL PROPERTY; THE DOCUMENTATION AND RECEIPTING OF SURRENDERED PROPERTY; AND THE INITIAL AND REGULARLY SCHEDULED INVENTORYING OF ALL FUNDS, VALUABLES, AND OTHER PROPERTY. 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. COMPONENTS YES NO NA REMARKS Detainee funds and valuables are properly separated, stored, and Funds and valuables obtained during booking are accessible only by designated supervisor(s). are turned over to ICE. Clothing is inventoried and stored by institution staff. Detainees’ large valuables are secured in a location accessible to designated supervisor(s) or processing staff only. Staff itemizes the baggage and personal property of arriving All items are properly inventoried and detainees (including funds and valuables). For IGSAs and documented. CDFs, using a personal property inventory form that meets the ICE standard? Staff forwards an arriving detainee’s medication to the medical staff. Audits of baggage and non-valuable property occur each quarter This component is only applicable for SPCs and audits are logged and verified. and CDFs. Quarterly inventories do not occur. b7e Staff searches arriving detainees and their personal property for contraband. Staff procedures follow written policy for returning forgotten property to detainees. Property discrepancies are immediately reported to the CDEO or Chief of Security. Staff follows written procedures when returning property to detainees. CDF/IGSA facility procedures for handling detainee property claims are similar with the ICE standard. 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; and • The notice state that the detainee has 30 days in which to claim the property, after which it will be considered abandoned. The facility disposes of abandoned property in accordance with written procedures. • If a CDF/IGSA facility, written procedure requires the prompt forwarding of abandoned property to ICE. This component is only applicable for SPCs and CDFs. Detainees are searched for contraband. This component is only applicable for SPCs and CDFs. Staff is required to submit a written report when a property discrepancy is discovered. Property is turned over to ICE staff, who returns it to the detainee. This component is only applicable for SPCs and CDFs. Facility staff does not attempt to notify an out-processed detainee of property left at the facility. ICE staff is responsible for notifying out-processed detainees regarding forgotten property. The section of this component requiring written procedures for the disposal of abandoned property is specific to SPCs and CDFs. The York County Prison Operations Manual contains written procedures used when disposing of abandoned property. The facility forwards all abandoned property of ICE detainees to ICE. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 19 of 88 2012FOIA3030.011109 REMARKS: During the last inspection this standard was determined to be not applicable; however, facility staff is responsible for maintaining control of detainee clothing received during the admission process. Funds and valuables received from detainees are turned over to ICE for storage. Upon request of the detainee, funds may be deposited into a facility account for personal use. Clothing and property is properly inventoried and stored by facility staff, and given to ICE staff to inventory and return to the detainee when the detainee is transferred from the facility. Based upon a review of the process and documentation, as well as interviews of staff, it was determined that the process to manage detainee funds and valuables at this facility is consistent with the requirements of the detention standard. / October 20, 2011 b6, b7cb6, b7c AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 20 of 88 2012FOIA3030.011110 DETAINEE GRIEVANCE PROCEDURES POLICY: EVERY FACILITY WILL DEVELOP AND IMPLEMENT STANDARD OPERATING PROCEDURES (SOPS) FOR ADDRESSING DETAINEE GRIEVANCES IN TIMELY FASHION. EACH STEP IN THE PROCESS WILL OCCUR WITHIN THE PRESCRIBED TIME FRAME. AMONG OTHER THINGS, A GRIEVANCE WILL BE PROCESSED, INVESTIGATED, AND DECIDED (SUBJECT TO APPEAL) IN ACCORDANCE WITH THE SOPS; A GRIEVANCE COMMITTEE WILL CONVENE AS PROVIDED IN THE SOPS. STANDARD PROCEDURE WILL INCLUDE PROVIDING THE DETAINEE WITH A WRITTEN RESPONSE TO ANY FORMAL GRIEVANCE, WHICH WILL INCLUDE THE BASIS FOR THE DECISION. THE FACILITY WILL ALSO ESTABLISH STANDARD PROCEDURES FOR HANDLING EMERGENCY GRIEVANCES. ALL GRIEVANCES WILL RECEIVE SUPERVISORY REVIEW. REPRISAL AGAINST THE FILER OF A GRIEVANCE WILL NOT BE TOLERATED. COMPONENTS 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/her concern known to a member of the staff. 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. Every member of the staff knows how to identify emergency grievances, including the procedures for expediting them. There are documented or substantiated cases of staff harassing, disciplining, penalizing, or otherwise retaliating against a detainee who lodged a complaint: • If yes, explain. Procedures include maintaining a Detainee Grievance Log. • If not, an alternative acceptable record keeping system is maintained. • "Nuisance complaints" are identified in the records. • For quality control purposes, staff document nuisance complaints received but not filed. YES NO NA The facility grievance procedure is addressed in the facility Procedures Manual. Detainees have access to the grievance system and may request assistance from staff on how to use the system. Detainees with special needs may obtain assistance through the Deputy Warden of Treatment. There have been no documented cases of staff harassing detainees for filing a grievance during this inspection period. The section of this component that requires "nuisance complaints" to be identified in the records and for staff to document nuisance complaints received but not filed is specific to SPCs and CDFs. The facility has a system for identifying, addressing and documenting nuisance grievances. The facility has a database for tracking all grievances in the institution. ICE also has a database for tracking detainee grievances. Staff is required to forward any grievance that includes officer misconduct to a higher official or, in a CDF/IGSA facility, to ICE. ACCEPTABLE DEFICIENT REMARKS AT-RISK REPEAT FINDING REMARKS: The facility has an effective system for handling and tracking detainee grievances. Staff is familiar with procedures for handling emergency grievances. Both facility and ICE staff use databases to track and monitor detainee grievances. If a detainee needs assistance in filing a grievance, they can request assistance through their unit counselor. The facility's grievance procedures are consistent with the requirements of the detention standard. / October 20, 2011 b6, b7cb6, b7c AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 21 of 88 2012FOIA3030.011111 GROUP LEGAL RIGHTS PRESENTATIONS POLICY: FACILITIES HOUSING ICE DETAINEES SHALL PERMIT AUTHORIZE PERSONS TO MAKE PRESENTATIONS TO GROUPS OF DETAINEES FOR THE PURPOSE OF INFORMING THEM OF U.S. IMMIGRATION LAW AND PROCEDURES, CONSISTENT WITH THE SECURITY AND ORDERLY OPERATION OF EACH FACILITY. ICE ENCOURAGES SUCH PRESENTATIONS, WHICH INSTRUCT DETAINEES ABOUT THE IMMIGRATION SYSTEM AND THEIR RIGHTS AND OPTIONS WITHIN IT. CHECK HERE IF NO GROUP PRESENTATIONS WERE CONDUCTED WITHIN THE PAST 12 MONTHS. OVERALL AND CONTINUE ON WITH NEXT PORTION OF WORKSHEET. COMPONENTS YES NO NA REMARKS PIRC provides several presentations per week to ICE detainees. The Field Office is responsive to requests by attorneys and accredited representatives for group presentations. Upon receipt of concurrence by the Field Office Director, the facility or authorized ICE Field Office ensures timely and proper notification to attorneys or accredited representatives. The facility follows policy and procedure when rejecting or requesting modifications to objectionable material provided or presented by the attorney or accredited representative. All materials must be approved by the ICE Field Office Director (FOD) and the Warden. Information regarding weekly presentations by PIRC is included in the handbook; however, no posters were observed in common areas. Detainees have access to sign up sheets in the units. Posters announcing presentations appear in common areas at least 48 hours in advance and sign-up sheets are available and accessible. Documentation is submitted and maintained when any detainee is denied permission to attend a presentation and the reason(s) for the denial. When the number of detainees allowed to attend a presentation is limited, the facility provides a sufficient number of presentations so that all detainees signed up may attend. Detainees in segregation, unable to attend for security reasons, may request separate sessions with presenters. Such requests are documented. Interpreters are admitted when necessary to assist attorneys and other legal representatives. Presenters are afforded a minimum of one hour to make the presentation and to conduct a question-and-answer session. Staff permits presenters to distribute ICE-approved materials. Presenters are permitted to meet with small groups of detainees to discuss their cases after the group presentation. ICE or authorized detention staff is present but do not monitor conversations with legal providers. 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. Detainees are not denied access to the PIRC presentations. Arrangements are made for presenters to meet with small groups of detainees to discuss their cases. There have been no instances where presentation privileges have been suspended. There have been no requests to present video presentations. It was reported that if such a request is made, ICE would be consulted prior to approval of video presentations. The facility plays ICE-approved videotaped presentations on legal rights at regular opportunities, at the request of outside organizations. A copy of the Group Legal Rights Presentation policy, including attachments, is available to detainees upon request ACCEPTABLE DEFICIENT MARK STANDARD AS ACCEPTABLE Information in included in the handbook. AT-RISK REPEAT FINDING FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 22 of 88 2012FOIA3030.011112 REMARKS: PIRC presents group legal rights presentations to the detainee population several times per week. All detainees have the opportunity to attend these sessions. The presentations are managed and conducted in a manner that is consistent with the security and orderly operation of the facility. No posters were observed informing detainees of scheduled Group Legal Rights Presentations; however, due to the frequency of presentations all detainees have the opportunity to attend. October 20, 2011 b6 b7c AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 23 of 88 2012FOIA3030.011113 ISSUANCE AND EXCHANGE OF CLOTHING, BEDDING, AND TOWELS POLICY: ICE REQUIRES THAT ALL FACILITIES HOUSING ICE DETAINEES PROVIDE CLEAN CLOTHING, BEDDING, LINENS AND TOWELS TO EVERY ICE DETAINEE UPON ARRIVAL. FURTHER, FACILITIES SHALL PROVIDE ICE DETAINEES WITH REGULAR EXCHANGES OF CLOTHING, LINENS, AND TOWELS FOR AS LONG AS THEY REMAIN IN DETENTION. COMPONENTS YES NO NA REMARKS The facility has a policy and procedure for the regular issuance and exchange of clothing, bedding, linens, and towels. • The supply of these items exceeds the minimum required for the number of detainees. All new detainees are issued clean, temperature-appropriate, The bulleted items in this component are presentable clothing during in-processing. Detainees receive: specific to SPCs and CDFs. The following items were issued to each detainee: two • One uniform shirt and one pair of uniform pants, or one uniform jumpsuits or uniforms, jumpsuit; two pairs of socks, two pairs of • One pair of socks; undergarments, and one pair of footwear. All • One pair of underwear (Daily change); and clothing issued is clean and temperature • One pair of facility-issued footwear. appropriate. Additional clothing is available for changing weather conditions, Raincoats, winter coats and sweatshirts are or as seasonally appropriate. provided to the population during cooler months and inclement weather. New detainees are issued clean bedding, linens, and towels. They receive at a minimum: • One mattress; The bulleted items in this component are • One blanket; specific to SPCs and CDFs. Detainees • Two sheets; receive clean bedding, linens and towels, including all of the bulleted items listed in • One pillowcase; this component. • One towel; and • Additional blankets are issued based on local weather conditions. Detainees assigned to special work areas are clothed in Non-ICE detainees who work in the food accordance with the requirements of the job. service area receive an extra uniform for their work assignment. Detainees are provided clean clothing, linen and towels. • Socks and undergarments - exchanged daily. Detainees have their clothing and linens • Outer garments - twice weekly. laundered in the facility laundry in accordance with the expectations of the • Sheets - weekly. standard. • Towels - weekly. • Pillowcases - weekly. Food service detainee volunteer workers are permitted to This component is only applicable for SPCs exchange outer garments daily. and CDFs. Detainees in the food service area are issued an extra uniform. Volunteer detainee workers are permitted to exchange outer This component is only applicable for SPCs garments more frequently. and CDFs. Detainee volunteer workers are allowed to change outer garments daily. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 24 of 88 2012FOIA3030.011114 REMARKS: The facility issues clean, temperature-appropriate clothing to the detainee population. Different colored jumpsuits or scrub type uniforms are issued for detainees who have different work assignments. All general population detainees are issued two sets of uniforms, and workers are issued three sets of uniforms. A laundry schedule is in place for the entire facility for cleaning clothing and linens. Extra blankets and outerwear is issued to detainees as the climate requires. Since the 2010 inspection, the facility is now issuing two pairs of socks and undergarments upon entry into the facility and laundering the clothing every other day. / October 20, 2011 b6, b7cb6, b7c AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 25 of 88 2012FOIA3030.011115 MARRIAGE REQUESTS POLICY: ALL DETAINEE MARRIAGE REQUESTS WILL RECEIVE CASE-BY-CASE CONSIDERATION FROM ICE MANAGEMENT. COMPONENTS YES NO NA REMARKS The Field Office considers detainee marriage requests on a caseThe Assistant Field Office Director (AFOD) by-case basis. reviews all marriage requests on a case by case basis. The Field Office Director reviews every marriage request The AFOD reviews all requests for marriage rejected by a Warden/OIC or IGSA. Rejections are documented. and either approves or denies the request. Both approvals and rejections are documented. It is standard practice to require a written request for permission A review of a marriage request indicated that to marry. the appropriate written request was on file. The written request includes a signed statement or comparable The intended spouse documentation was documentation from the intended spouse, confirming marital clearly noted in the detainee file. intent. The Warden/OIC provides a written copy of his/her decision to The AFOD notifies the detainee’s attorney the detainee and his/her legal representative. verbally if the request is approved, and in writing if the request is denied. If denied, then specific reasons for the denial are noted. When permission is denied, the Warden/OIC states the basis for his/her decision. The Warden/OIC provides the detainee with a place and time to All detainees are taken out of the facility by make wedding arrangements. ICE staff to a Magistrate to complete the marriage process, and then they are returned. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: All marriage requests are sent to the facility Warden who forwards them to the AFOD, who is located in the facility. The AFOD reviews each request individually and forwards his decision to the detainee and the detainee’s attorney. If approved, the detainee is notified in writing and the attorney is notified verbally. If the request is denied, then both the detainee and attorney are notified in writing. When the marriage is approved, ICE staff will take the detainee to the local Magistrate to facilitate the marriage. Once this is completed, the detainee is returned to the facility. In 2011, there were a total of seven requests for marriage. Three marriages were completed and one is pending. The other three detainees were discharged prior to the completion of the marriage. / October 20, 2011 b6, b7cb6, b7c AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 26 of 88 2012FOIA3030.011116 NON-MEDICAL EMERGENCY ESCORTED TRIPS POLICY: THE IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) MAY PROVIDE DETAINEES WITH STAFF-ESCORTED TRIPS INTO THE COMMUNITY FOR THE PURPOSE OF VISITING CRITICALLY ILL MEMBERS OF THE DETAINEE’S IMMEDIATE FAMILY, OR FOR ATTENDING FUNERALS. STANDARD N/A: 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. COMPONENTS YES NO NA REMARKS The Field Office Director considers and approves, on a case-bycase basis, trips to an immediate family member's: • Funeral; or • Deathbed The facility recognizes mother, father, brother, sister, spouse, child, step-parent, and foster parent as "immediate family". The IGSA facility notifies ICE of all detainee requests for nonmedical escorts. 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. b7e 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. Escorting officers have the discretion to increase or decrease minimum restraints in accordance with written procedures and classification level of the detainee. Escort officers are precluded from accepting gifts/gratuities from a detainee, or detainee's relative or friend for any reason. Escort officers ensure that detainees: • Conduct themselves in a manner that does not bring discredit to the ICE; • Do not violate federal, state, or local laws; • Do not purchase, possess, use, consume, or administer narcotics, other drugs, or intoxicants; • Make no unauthorized phone calls; and • Know they are subject to search, urinalysis, breathalyzer, or comparable test upon return. Standard procedure requires the immediate return to the facility of any detainee who violates trip rules. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: At this facility, non-medical emergency escorted trip requests are reviewed and approved by ICE officials. ICE staff arranges and provide transportation as needed. / October 20, 2011 b6, b7c AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 27 of 88 2012FOIA3030.011117 RECREATION POLICY: IT IS ICE POLICY TO PROVIDE ACCESS TO RECREATIONAL PROGRAMS AND ACTIVITIES TO ALL ICE DETAINEES, TO THE EXTENT POSSIBLE, UNDER CONDITIONS OF SECURITY AND SUPERVISION THAT PROTECT THEIR SAFETY AND WELFARE. COMPONENTS The facility has a recreation program and facility. A recreational specialist (for facilities with more than 350 detainees) tailors the program activities and offerings to the detainee population. Regular maintenance keeps recreational facilities and equipment in good condition. The recreational specialist or trained equivalent supervises detainee recreation workers. The recreational specialist or trainee equivalent oversees recreation programs for special housing units (SHU) and specialneeds detainees. Dayrooms offer sedentary activities, e.g., board games, cards, television. Outside activities are restricted to limited-contact sports. Each detainee has the opportunity to participate in daily recreation. Detainees have access to recreation activities outside the housing units for at least one hour daily, 5 days a week. Staff checks all items for damage and condition when equipment is returned. Staff conducts searches of recreation areas before and after use. All recreation areas under constant staff supervision. Supervising staff is equipped with radios. The facility provides detainees in the SHU at least one hour of outdoor recreation time daily, five times per week. Detainees in disciplinary/administrative segregation receive a written explanation when a panel revokes his/her recreation privileges. Special programs or religious activities are available to detainees. Volunteers are required to sign a waiver of liability before entering a secure portion of the facility where detainees are present. YES NO NA REMARKS This component is only applicable for SPCs and CDFs. The facility has a Counselor who is assigned to oversee all recreational activities. The facility does not utilize detainee recreation workers. The Recreational Coordinator ensures board games and other activities are available to the SHU population Only basketball, walking or general fitness is allowed in the recreation yards. All detainees and non-ICE detainees are allowed two hours of outside recreation daily. This component is only applicable for SPCs and CDFs. The facility does not utilize volunteers for the recreation program. Volunteers providing religious services do not sign a waiver of liability. Visitors, relatives or friends are not allowed to serve as This component is only applicable for SPCs volunteers. and CDFs. The facility does not utilize visitors, relatives and or friends as volunteers. If outdoor recreation is offered, check this box. No further information is required when outdoor recreation is offered. If the facility has no outside recreation, are detainees considered for transfer after six months? • If yes, written procedures ensure timely review of all eligible detainees. Case officers make written transfer recommendations about every six-month detainee to the OIC. The OIC documents all detainee-transfer decisions, whether yes or no. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 28 of 88 2012FOIA3030.011118 RECREATION POLICY: IT IS ICE POLICY TO PROVIDE ACCESS TO RECREATIONAL PROGRAMS AND ACTIVITIES TO ALL ICE DETAINEES, TO THE EXTENT POSSIBLE, UNDER CONDITIONS OF SECURITY AND SUPERVISION THAT PROTECT THEIR SAFETY AND WELFARE. COMPONENTS YES NO NA REMARKS The detainee’s written decision for or against an offered transfer documented in his/her A-file. Staff notifies the detainee’s legal representative of his/her decision to accept/decline a transfer. If no recreation is available, the ICE Districts routinely review transfer eligibility for all detainees after 60 days. The A-file of every detainee who is held more than 60 days without access to recreation contains either a transfer-waiver signed by the detainee, or the OIC’s written determination of the detainee’s ineligibility for transfer. The detainee’s legal representative is notified of the detainee’s/OIC’s decision. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: The facility provides recreational activities to the population. Inside recreation is provided in the gymnasium and the weight room. The housing units have board games such as chess, checkers dominoes, etc. Outdoor recreation is provided for the general population units in open recreation yards and for the segregation units in secured or caged recreation yards. / October 20, 2011 b6, b7cb6, b7c AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 29 of 88 2012FOIA3030.011119 RELIGIOUS PRACTICES POLICY: FACILITIES WILL PROVIDE ICE DETAINEES OF ALL FAITHS WITH REASONABLE AND EQUITABLE OPPORTUNITIES TO PARTICIPATE IN THE PRACTICES OF THEIR FAITH, LIMITED ONLY BY THE CONSTRAINTS OF SAFETY, SECURITY, THE ORDERLY OPERATIONS OF THE FACILITY AND BUDGETARY CONSIDERATIONS. COMPONENTS REMARKS YES NO NA Detainees are allowed to engage in religious services. All detainees have access to religious services through a Prison Ministries program. Space is available for detainees to conduct religious services. Several multi-purpose rooms are used for religious service programs. The facility allows detainees to observe the major “holy days” of their religious faith. • List any exceptions. The facility accommodates recognized holy-day observances by: • Providing special meals, consistent with dietary This component is only applicable for SPCs restrictions; and CDFs. The facility does observe holy • Honoring fasting requirements; days of observance with special meals, fasting, praying and special programs. • Facilitating religious services; and • Allowing activity restrictions. Each detainee is allowed religious items in his/her immediate All religious items must be reviewed and possession. approved by the Deputy Warden of Treatment. Volunteer’s credentials are checked and verified before allowing participation in detainee programs. Members of faiths not represented by clergy may conduct their Detainees are allowed to pray in an area own services within security allowances. together but are not allowed to conduct services. Detainees in the Special Management Unit are allowed to participate in religious practices unless otherwise documented for the safety and security of the facility. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: The facility provides opportunities for all detainees to observe their religious beliefs through the Prison Ministries program conducted by volunteers. All volunteers have their background checks done and are approved to enter the facility. Several multi-purpose areas are used to facilitate religious programming. Since the 2010 inspection, the position of the facility is that groups of detainees may say prayers together in an area, but no detainee is allowed to organize or supervise a group of detainees to conduct services. / October 20, 2011 b6, b7cb6, b7c AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 30 of 88 2012FOIA3030.011120 DETAINEE TELEPHONE ACCESS POLICY: ALL FACILITIES HOUSING ICE DETAINEES WILL PERMIT DETAINEES’ REASONABLE AND EQUITABLE ACCESS TO TELEPHONES. COMPONENTS YES NO NA REMARKS Detainees are allowed access to telephones during established facility waking hours. Information is provided to detainees verbally Upon admittance, detainees are made aware of the facility's during orientation, in a video presentation telephone access policy. and in writing in the facility handbook. Access rules are posted in housing units. The facility makes a reasonable effort to provide key information to detainees in languages spoken by any significant portion of the facility's population. Telephones are provided at a minimum ratio of one telephone per 25 detainees in the facility population. Telephones are inspected regularly by facility staff to ensure that they are in good working order. The facility administration promptly reports out-of-order telephones to the facility’s telephone service provider. ICE staff is required to submit a Facility Liaison Visit Checklist which includes a reference to the operability of detainee telephones. The facility administration monitors repair progress and takes appropriate measures to ensure that required repairs are begun and completed timely. Detainees are afforded a reasonable degree of privacy for legal phone calls. A procedure exists to assist a detainee who is having trouble placing a confidential call. The facility provides the detainees with the ability to make noncollect (special access) calls. Special Access calls are at no charge to the detainees. The OIG phone number for reporting abuse is programmed into the detainee phone system and the phone number was checked by the inspector during the review. 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. No restrictions are placed on detainees attempting to contact attorneys and legal service providers who are on the approved “Free Legal Services List”. Special arrangements are made to allow detainees to speak by telephone with an immediate family member detained in another Facility. Any telephone restrictions are documented. The facility has a system for taking and delivering emergency detainee telephone messages. Detainees may request assistance to place confidential calls from the housing unit counselor and/or ICE staff. Either ICE staff or the Unit Counselor assists detainees in making non-collect special access calls. Contact with the Office of the Inspector General (OIG) was successfully made from a detainee housing unit phone. The OIG telephone number is programmed into the detainee telephone system. Detainees may submit a detainee information request form to ICE requesting to make a telephone call to a family member in another facility, and ICE staff makes the necessary arrangements to facilitate the phone call. Emergency phone call messages are immediately given to detainees. Detainees are allowed to return emergency phone calls as soon as possible. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 31 of 88 2012FOIA3030.011121 DETAINEE TELEPHONE ACCESS POLICY: ALL FACILITIES HOUSING ICE DETAINEES WILL PERMIT DETAINEES’ REASONABLE AND EQUITABLE ACCESS TO TELEPHONES. COMPONENTS YES NO NA REMARKS Detainees must submit a request to complete Detainees in disciplinary segregation are allowed phone calls a phone call regarding legal or immigration relating to the detainee's immigration case or other legal matters, matters. Arrangements are made to complete including consultation calls. these phone calls. Detainees must submit a request to complete Detainees in disciplinary segregation are allowed phone calls to a phone call for legal or immigration consular/embassy officials. purposes. Arrangements are made to complete these phone calls. Detainees in disciplinary segregation are allowed phone calls for family emergencies. Detainees in administrative detention and protective custody are afforded the same telephone privileges as those in general population. When detainee phone calls are monitored, notification is posted by detainee telephones that phone calls made by the detainees may be monitored. Special Access calls are not monitored. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: Based upon a review of policy and procedures and interviews of both staff and detainees, it was determined that detainee access to telephones is consistent with the requirements of the detention standard. b6 b7c October 20, 2011 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 32 of 88 2012FOIA3030.011122 VISITATION POLICY: ICE SHALL PERMIT DETAINEES TO VISIT WITH FAMILY, FRIENDS, LEGAL REPRESENTATIVES, SPECIAL INTEREST GROUPS, AND THE NEWS MEDIA. COMPONENTS YES NO NA REMARKS The visitation schedule is posted in the There is a written visitation schedule and hours for general visiting lobby, included in the handbook, and visitation. is available on the facility website. The visitation hours tailored to the detainee population and the demand for visitation. The visitation schedule and rules are available to the public. The hours for all categories of visitation are posted in the visitation waiting area. A written copy of the rules regulating visitation and the hours of visitation is available to visitors. The visitation schedule and rules are posted in the visiting lobby, included in the handbook, and available on the facility website Pamphlets explaining the rules and hours of visitation are available to visitors. A general visitation log is maintained. The detainees are permitted to retain personal property items specified in the standard. A visitor dress code is available to the public. Visitors are searched and identified according to standard requirements. The requirement on visitation by minors is complied with. 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. 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. Detainees in special housing are afforded visitation. All visitors and their vehicles are subject to search; however, since all general visits are non-contact, visitors are seldom searched. Minors are allowed to visit, at this facility. Minors are allowed to visit, at this facility. Legal visitation is available seven (7) days a week, including holidays. On regular business days legal visitation hours are provide for a minimum of eight (8) hours per day, and a minimum of four hours per day on weekends and holidays. On regular business days, detainees are given the option of continuing a meeting with a legal representative through a scheduled meal. Private consultation rooms are available for attorney meetings. There is a mechanism for the detainee and his/her representative to exchange documents. There are written procedures governing detainee searches. When strip searches are required after every contact visit with a legal representative, the facility provides an option for noncontact visits with legal representatives. Prior to each visit, legal service providers and assistants are identified per the standard. Upon request, detainees are allowed to continue to meet with legal representatives through scheduled meals. If approved, meals are provided to the detainee. Strip searches are not required after every contact visit with a legal representative. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 33 of 88 2012FOIA3030.011123 VISITATION POLICY: ICE SHALL PERMIT DETAINEES TO VISIT WITH FAMILY, FRIENDS, LEGAL REPRESENTATIVES, SPECIAL INTEREST GROUPS, AND THE NEWS MEDIA. COMPONENTS YES NO NA REMARKS The current list of pro bono legal organizations is posted in the Postings listing pro bono legal organizations detainee housing areas and other appropriate areas. were observed in the housing units. The decision to permit or deny a tour is not delegated below the level of Field Office Director. Provisions for NGO visitation, as stated in the Detention Standards, are complied with. Law enforcement officials who request to visit with a detainee are referred to the ICE Field Office for approval. The facility visiting policy prohibits former detainees from visiting the facility within six months of their release. The policy does not explain the approval process for former detainees who have been released for a period longer than six months to visit. Former detainees or aliens in proceedings, requesting to visit with a detainee, are referred to the OIC or ICE Field Office. Procedures are in place, consistent with the detention standard, for examinations by independent medical service providers and experts. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: ICE detainees are provided with opportunities to visit with family, friends, legal representatives, and others in a manner consistent with the detention standard. The facility visiting policy prohibits former detainees from visiting for a period of six months after their release rather than having the Warden of ICE Field Office consider visiting requests individually as required. After the 2010 inspection, the facility changed their procedures to enable a detainee to make a request to remain on a legal visit during meal periods, made accommodations to facilitate a professional visit if requested, and enable detainees with an order of deportation to receive property from visitors which is held by ICE staff until the individual is released. / October 20, 2011 b6 b7c AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 34 of 88 2012FOIA3030.011124 VOLUNTARY WORK PROGRAM POLICY: IN EVERY FACILITY OFFERING A VOLUNTARY WORK PROGRAM, ICE DETAINEES WILL HAVE THE OPPORTUNITY TO WORK AND EARN MONEY BY PARTICIPATING. WHILE NOT LEGALLY REQUIRED, ICE AFFORDS DETAINEE WORKERS BASIC OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) PROTECTIONS. CHECK HERE IF ICE DETAINEES ARE NOT AUTHORIZED TO WORK AT THE IGSA FACILITY. AND MOVE TO NEXT SECTION. COMPONENTS Does the facility have a voluntary work program? • Do ICE detainees participate? Detainee housekeeping meets neatness and cleanliness standards. Detainees have the opportunity to participate in special details, however, are never allowed to work outside the secure perimeter. Written procedures govern selection of detainees for the Voluntary Work Program. Where possible, physically and mentally challenged detainees participate in the program. The facility complies with work-hour requirements for detainees, not exceeding: • Eight hours a day and Forty hours a week. YES NO The facility policy for Voluntary Work program is described in facility policy. This component is only applicable for SPCs and CDFs. The facility complies with the requirement to restrict work to eight hours a day and 40 hours a week. The section of this component that requires the voluntary work program to meet NFPA, and ACA standards is specific to SPCs and CDFs. The voluntary work program meets the professional standards of all three agencies. Medical staff screen and formally certify detainee food service volunteers. • Before the assignment begins; and • As a matter of written procedure Detainees receive safety equipment/ training sufficient for the assignment. Proper procedure is followed when an ICE detainee is injured on the job. DEFICIENT REMARKS NA Detainee volunteers generally work according to fixed schedule. If a detainee is removed from a work detail, staff places the written justification for the action in the detainee’s detention file. Staff, in accordance with written procedure, ensures that detainee volunteers understand their responsibilities as workers before they join the work program. The voluntary work program meets: • OSHA, NFPA, ACA standards ACCEPTABLE MARK NA ON FORM G-324A, PAGE 3 Detainees view a training video on cleaning and proper safety equipment. AT-RISK REPEAT FINDING REMARKS: The facility provides opportunities for detainees to work through the volunteer work program. Based on their classification level, detainees are eligible to work in various assignments within the facility. Most detainees are assigned to work within the housing units. Detainees receive job specific training and training on how to handle chemicals. October 20, 2011 b6, b7cb6, b7c AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 35 of 88 2012FOIA3030.011125 SECTION II HEALTH SERVICES STANDARDS FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 36 of 88 2012FOIA3030.011126 HUNGER STRIKES POLICY: ALL FACILITIES WILL FOLLOW STANDARD GUIDELINES FOR THE MEDICAL AND ADMINISTRATIVE MANAGEMENT OF ICE DETAINEES ENGAGING IN HUNGER STRIKES. BY MONITORING OF THE HEALTH AND WELFARE OF THE INDIVIDUAL DETAINEES, FACILITIES WILL STRIVE TO SUSTAIN THEIR LIVES. COMPONENTS YES NO NA REMARKS When a detainee has refused food for 72 hours, it is standard This component is only applicable for SPCs practice for staff to refer him/her to the medical department. and CDFs. Medical policy I-05, Hunger Strikes, and the facility operating procedures both require staff to refer detainees to the medical department when they have not eaten for 72 hours. CDFs and IGSAs immediately report a hunger strike to the ICE. Facility policy on hunger strikes requires reporting hunger strikes by ICE detainees to ICE. ICE has a full-time presence at this facility. The facility has established procedures to ensure staff respond Facility and medical policies require staff to immediately to a hunger strike. respond immediately to a hunger strike. Policy and procedure require that staff isolate a hunger-striking This component is only applicable for SPCs detainee from other detainees. and CDFs. Facility and medical policy do not specifically state that staff must isolate • If yes, in an observation room? hunger striking detainees; however, this is the practice at this facility. Medical personnel are authorized to place a detainee in the This component is only applicable for SPCs Special Management Unit or a locked hospital room. and CDFs. The medical provider may authorize placement of a hunger striking detainee in a special management unit (SMU) or medical observation area. Medical staff records the weight and vital signs of a hungerThis component is only applicable for SPCs striking detainee at least once every 24 hours. and CDFs. Medical policy I-05, Hunger Strikes, requires medical staff to record the weight and vital signs of a hunger striker each day. The OIC of the facility obtains a hunger striker’s consent before Facility policy instructs medical staff to medical treatment. attempt to obtain a hunger striker's informed consent for treatment. A signed Refusal of Treatment form is required of every detainee This component is only applicable for SPCs who rejects medical evaluation or treatment. and CDFs. Facility policy requires staff to attempt to obtain a signature on a refusal form when treatment or evaluation is declined. During a hunger strike, staff document and provide the hungerThis component is only applicable for SPCs striking detainee three meals a day. and CDFs. Facility policy requires delivering three meals each day. Staff maintains the hunger striker’s supply of drinking This component is only applicable for SPCs water/other beverages. and CDFs. Facility policy requires maintaining a supply of drinking water or other beverages in a hunger striker's cell. During a hunger strike, staff removes all food items from the This component is only applicable for SPCs hunger striker’s living area. and CDFs. Facility policy requires removing all food items from the hunger striker's cell. Staff is directed to record the hunger striker’s fluid intake and This component is only applicable for SPCs food consumption; Does staff always use Hunger Strike and CDFs. Detention staff records a hunger Monitoring Form I-839 or similar IGSA form. striker's food and fluid intake when ordered by the medical provider in the medical record. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 37 of 88 2012FOIA3030.011127 HUNGER STRIKES POLICY: ALL FACILITIES WILL FOLLOW STANDARD GUIDELINES FOR THE MEDICAL AND ADMINISTRATIVE MANAGEMENT OF ICE DETAINEES ENGAGING IN HUNGER STRIKES. BY MONITORING OF THE HEALTH AND WELFARE OF THE INDIVIDUAL DETAINEES, FACILITIES WILL STRIVE TO SUSTAIN THEIR LIVES. COMPONENTS YES NO NA REMARKS The medical staff has written procedures for treating hunger Medical policy I-05, Hunger Strikes, strikers. provides detailed guidance on the initial medical management of hunger strikes. Additional procedures are developed based on the medical needs of the detainee. Staff documents all treatment attempts, including attempts to This component is only applicable for SPCs persuade hunger striker of medical risks. and CDFs. Medical staff is directed to record all treatment attempts, including attempts to inform hunger strikers of medical risks. Staff has received training in identification of hunger strikes. All detention staff receives initial training in Medical staff receives early training in hunger-strike evaluation the identification, referral and management of and treatment. Staff remains current in evaluation and treatment hunger strikes as part of a review of techniques. emergency plans. The instruction takes place during six-week new officer training. Medical staff receives training regarding the evaluation and treatment of hunger strikes during orientation and again annually. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: Facility and medical policies and procedures for hunger strikes are comprehensive and conform to the detention standards. Procedures are in place to protect the health and well-being of hunger strikers. Interviews and a review of training records indicate staff is instructed in the recognition, referral and management of hunger striking detainees. There were no hunger strikes by ICE detainees since the last inspection. October 20, 2011 b6, b7c AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 38 of 88 2012FOIA3030.011128 ACCESS TO MEDICAL CARE POLICY: EVERY FACILITY WILL ESTABLISH AND MAINTAIN AN ACCREDITED/ACCREDITATION-WORTHY HEALTH PROGRAM FOR THE GENERAL WELL-BEING OF ICE DETAINEES. COMPONENTS YES NO NA REMARKS Facilities operate a health care facility in compliance with state A sampling of the licenses of the medical and local laws and guidelines. contractor, Prime Care Medical (PCM), and IHSC professional employees were reviewed and had current and verified licenses. The pharmacy is licensed in the State of Pennsylvania. Since the last inspection, the facility was inspected by the Pennsylvania Department of Corrections and was found to be 100% compliant with their standards. The facility’s in-processing procedures for arriving detainees IHSC personnel perform mental health and include medical screening. medical screening for all male ICE detainees within two hours of admission. Additional mental health screening is performed by PCM staff within 12 hours of the male ICE detainee's arrival. Female ICE detainees receive a similar screening using a form developed by PCM, the contract medical and mental health provider. Both forms are adequate to screen for acute and chronic care needs. All detainees have access to and receive medical care. Detainees fill out a Medical Request Form when routine health care is desired. The detainees place the form in a locked box. The forms are collected at least once a day and reviewed by nurses. Appointments for evaluations are scheduled based on perceived urgency of need. The facility has access to a PHS/DIHS Managed Health Care Facility staff use the computerized Medical Coordinator. Payment Authorization Request (MedPAR) system to access the Managed Health Care Coordinator. Direct telephone contact is also made when necessary. The medical staff is large enough to provide, examine, and Medical staffing is large enough to meet the treat the facility’s detainee population. needs of the detainee population. Staffing consists of five management personnel, one Health Services Administrator (HSA), one full-time Physician, seven Registered Nurses, 24 Licensed Practical Nurses, two full-time Physician Assistants, one part-time Physician Assistant, two part-time Dentists, one Dental Assistant, one full-time Psychiatrist, two full-time Social Workers, one Pharmacy Technician and 17 Certified Medical Assistants. At the time of the inspection, there were two nursing vacancies that had only been open for a short time. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 39 of 88 2012FOIA3030.011129 ACCESS TO MEDICAL CARE POLICY: EVERY FACILITY WILL ESTABLISH AND MAINTAIN AN ACCREDITED/ACCREDITATION-WORTHY HEALTH PROGRAM FOR THE GENERAL WELL-BEING OF ICE DETAINEES. COMPONENTS YES NO NA REMARKS The facility has sufficient space and equipment to afford The health services unit has sufficient space detainee privacy when receiving health care. to afford privacy during examinations and treatment. There are four examination rooms and two treatment rooms within the unit. Additional examination rooms are located in the ICE and women's unit. The medical facility has its own restricted-access area. The This component is only applicable for SPCs restricted access area is located within the confines of the and CDFs. The health services facility is secure perimeter. within the secure perimeter and has restricted access. The medical facility entrance includes a holding/waiting room. This component is only applicable for SPCs and CDFs. A holding area is located at the entrance to the medical unit. The medical facility’s holding/waiting room is under the direct This component is only applicable for SPCs supervision of custodial staff. and CDFs. The holding room is under the direct supervision of a detention officer. Detainees in the holding/waiting room have access to a This component is only applicable for SPCs drinking fountain. and CDFs. Although the holding area does not have a water fountain, water can be obtained upon request. Medical records are kept apart from other files. They are: The contract medical vendor maintains an • Secured in a locked area within the medical unit; electronic medical record (EMR). Access • With physical access restricted to authorized medical to the EMR is user identification and staff; and password protected. Access is restricted to • Procedurally, no copies made and placed in detainee medical personnel. files. Pharmaceuticals are stored in a secure area. This component is only applicable for SPCs and CDFs. Medications are stored in locked storage carts or in a pharmacy. The carts are stored in the pharmacy when not in use. The pharmacy has solid concrete walls from the floor to the true ceiling. The door is metal and security glass and is secured with a builder's hardware locking device. Medical screening includes a Tuberculosis (TB) test. Medical symptomatic screening for Tuberculosis (TB) is done during the intake • Every arriving detainee receives a TB test during the process. Prior to placement in a housing admission process; unit, if the TB status of the ICE detainee is • Detainee’s TB-screening does not occur more than not known, a digital chest x-ray is obtained one business day after his/her arrival at the facility; for all male ICE detainees. Females are and processed through a separate booking area • Detainees not screened are housed separate from the and receive a TB skin test. X-rays are general population. administered to females only if determined to be necessary and after pregnancy has been ruled out. X-rays are interpreted by radiologists at the University of Maryland within four hours. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 40 of 88 2012FOIA3030.011130 ACCESS TO MEDICAL CARE POLICY: EVERY FACILITY WILL ESTABLISH AND MAINTAIN AN ACCREDITED/ACCREDITATION-WORTHY HEALTH PROGRAM FOR THE GENERAL WELL-BEING OF ICE DETAINEES. COMPONENTS YES NO NA REMARKS All detainees receive a mental-health screening upon arrival. It The portion of this component that requires is conducted: a detainee to receive a mental health screening before being assigned to a • By a health care provider or specially trained officer; housing unit is specific to SPCs and CDFs. and Trained medical staff performs mental • Before a detainee’s assignment to a housing unit. health screening prior to a detainee's placement in a housing unit. The facility health care provider promptly reviews all I-794s This component is only applicable for SPCs (or equivalent) to identify detainees needing medical attention. and CDFs. Medical and mental health screening is performed by medical personnel and again, reviewed by a nurse The health care provider physically examines/assesses arriving A review of 15 ICE detainee medical detainees within 14 days of admission/arrival at the facility. records revealed that all had physical assessments within 14 days of arrival. The assessments are performed by Registered Nurses (RN) that have been trained by a Physician. Documentation of the training was reviewed. All assessments performed by RNs are reviewed and signed by a Physician or Physician Assistant. Detainees in the Special Management Unit have access to Detainees in the SMU have the same access health care services. to care as the general population. A Nurse makes contact with each detainee in the SMU at least once each day. Staff provides detainees with health services (sick call) request The requirement for staff to provide slips daily, upon request. detainees with health services (sick call) request slips daily, upon request and the • Request slips are available in languages other than request slips are available in languages English, including every language spoken by a other than English, including every sizeable number of the facility’s detainee population. language spoken by a sizeable number of • Service-request slips are delivered in a timely fashion the facility's detainee population is specific to the health care provider. to SPCs and CDFs. Sick call request slips are readily available in English and Spanish. A Nurse collects the forms from a locked box at least once per day. The facility has a written plan for the delivery of 24-hour Medical personnel are on-site at all times. emergency health care when no medical personnel are on duty The facility’s Medical Emergency policy at the facility, or when immediate outside medical attention is provides guidance to staff when immediate required. outside medical attention is required. The plan includes an on-call provider. This component is only applicable for SPCs and CDFs. An on-call provider list is maintained in the medical department. The plan includes a list of telephone numbers for local This component is only applicable for SPCs ambulance and hospital services. and CDFs. The telephone numbers of the local hospital and ambulance service is located in the Control Center. The plan includes procedures for facility staff to utilize this This component is only applicable for SPCs emergency health care consistent with security and safety. and CDFs. Medical Emergency policy describes obtaining emergency care consistent with security and safety. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 41 of 88 2012FOIA3030.011131 ACCESS TO MEDICAL CARE POLICY: EVERY FACILITY WILL ESTABLISH AND MAINTAIN AN ACCREDITED/ACCREDITATION-WORTHY HEALTH PROGRAM FOR THE GENERAL WELL-BEING OF ICE DETAINEES. COMPONENTS YES NO NA REMARKS Detention staff is trained to respond to health-related The facility has on-site medical staffing 24 emergencies within a 4-minute response time. hours per day, seven days per week. All medical and detention staff is trained in cardiopulmonary resuscitation and first aid. There is no place within the facility that cannot be accessed by trained personnel in less than four minutes. Where staff is used to distribute medication, a health care This component is only applicable for SPCs provider properly trains these officers. and CDFs. Only medical staff distributes medications. The medical unit keeps written records of medication that is The facility uses a computerized medical distributed. administration record to document when medications are distributed. The Form I-819 (or IGSA equivalent) is used to notify the This component is only applicable for SPCs Warden/Facility of a detainee that has special medical needs. and CDFs. The HSA meets with the Warden at least monthly to discuss detainees with special needs. Detainees with immediate special needs regarding activities of daily living are relayed to the appropriate authorities. A signed and dated consent form is obtained from a detainee Both the contract medical provider and the before medical treatment is administered. IHSC personnel obtain consent for treatment from detainees during their screening processes. Detainees use the I-813 (or IGSA equivalent) to authorize the Detainees sign a Release of Medical release of confidential medical records to outside sources. Information Form when records are requested or released from or to outside sources. The facility health care provider is given advance notice prior Pursuant to the HSA, the facility is usually to the release, transfer, or removal of a detainee. given notice at least 24 hours prior to release, transfer of removal of an ICE detainee. Detainee's medical records or a copy thereof, are available and A medical summary is prepared and transferred with the detainee. accompanies detainees when they are transferred. Complete medical records are seldom sent unless required to ensure the continuity of care. Medical records are placed in a sealed envelope or other When medical records are sent with a container labeled with the detainee's name and A-number and transferring detainee, they are placed in a marked "MEDICAL CONFIDENTIAL”. sealed envelope and properly marked. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 42 of 88 2012FOIA3030.011132 REMARKS: Medical, dental and mental health care are provided by PCM, the contract medical vendor. IHSC personnel are also on-site and perform medical intake screening for male ICE detainees and assist in the medical staging of all ICE detainees being deported or transferred. They do not provide routine or emergency health services to ICE detainees. Medical, mental health and dental services are provided in a spacious environment that is adequately staffed and is equipped with modern technology. A review of ICE detainee health records indicated detainees with acute and chronic needs are identified during the intake screening and physical assessment processes. Chronic care clinics are utilized to monitor detainees with long standing illnesses. The review of records also showed that health care needs are met in a timely manner and access to routine and urgent health care services is not inhibited. The health services unit is currently accredited by the National Commission on Correctional Health Care. There were two deaths at this facility since the last inspection. Neither death involved an ICE detainee. One death was of a detainee on a work release program. The detainee was in a hole that collapsed and he died of suffocation. Facility medical staff was not called to respond to that incident. The other death occurred in the facility and was alleged to be due to an assault. The cause and circumstances surrounding the death are still under investigation. The HSA indicated medical response to the scene was within three minutes and an ambulance response was within nine minutes. The detainee was pronounced dead at the local hospital. Although non-ICE detainees are charged a co-pay for many medical services, ICE detainees are exempt from these fees. / October 20, 2011 b6, b7c AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 43 of 88 2012FOIA3030.011133 SUICIDE PREVENTION AND INTERVENTION POLICY: ALL DETENTION STAFF WORKING WITH ICE DETAINEES WILL BE TRAINED TO RECOGNIZE SUICIDE-RISK INDICATORS. STAFF WILL HANDLE POTENTIALLY SUICIDAL INDIVIDUALS WITH SENSITIVITY, SUPERVISION, AND REFERRALS. A CLINICALLY SUICIDAL DETAINEE WILL RECEIVE PREVENTIVE SUPERVISION AND TREATMENT. COMPONENTS YES NO NA REMARKS Every new staff member receives suicide-prevention training. Every new detention officer receives training Suicide-prevention training occurs during the employee in the recognition, referral and management orientation program. of potentially suicidal detainees. A 2.5 hour course is provided during new officer training. The training is conducted prior to working with detainees. Training prepares staff to: The lesson plan and training slides for suicide • Recognize potentially suicidal behavior; prevention and intervention were reviewed. The training prepares staff to properly • Refer potentially suicidal detainees, following facility recognize, refer and monitor potentially procedures; and suicidal detainees. • Understand and apply suicide-prevention techniques. A health-care provider or specially trained officer screens all Medical personnel screen all detainees for detainees for suicide potential as part of the admission process. suicide potential as part of the intake screening process. This is performed within • Screening does not occur later than one working day four hours of the detainee’s arrival and prior after the detainee’s arrival. to assignment to a housing unit. Written procedures cover when and how to refer at-risk detainees Suicide Prevention Policy of the facility to medical staff and procedures are followed. operation manual and medical policy G-05, Suicide Prevention Program, provides guidance to staff for the referral of at-risk detainees. The facility has a designated isolation room for evaluation and The facility has a block of cells designated treatment. for suicide watch. The designated isolation room does not contain any structures or The suicide watch rooms do not contain smaller items that could be used in a suicide attempt. small or sharp objects that could be used in a suicide attempt. Detainees on suicide watch are placed in a suicide smock and provided a mattress. Medical staff has approved the room for this purpose. The medical staff has approved the room for suicide watch and psychiatric observation. b7e ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: All staff is trained in the recognition, referral and management of potentially suicidal detainees. Training occurs during new employee pre-service training and refresher training is provided annually. Policy and procedures protect the health and well-being of detainees on suicide watch. Interviews with medical and detention staff indicated they are familiar with suicide prevention policies and procedures. Several detainees were observed on suicide watch during the time of this inspection. Staff provided preventive supervision and managed the potentially suicidal detainees with sensitivity. There were six suicide attempts since the last inspection. One of the attempts was by an ICE detainee. All attempts occurred in the detainee's housing area by hanging and none were successful. A review of after-action documentation indicated detention and medical staff response was appropriate and timely. b6, b7c / October 20, 2011 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 44 of 88 2012FOIA3030.011134 TERMINAL ILLNESS, ADVANCED DIRECTIVES, AND DEATH POLICY ALL FACILITIES HOUSING ICE DETAINEES SHALL HAVE POLICIES AND PROCEDURES ADDRESSING THE ISSUES OF TERMINAL ILLNESS OR INJURY, MEDICAL ADVANCED DIRECTIVES, AND DETAINEE DEATH, TO INCLUDE THE PROCEDURES TO ENSURE PROPER NOTIFICATION IS PROVIDED TO ICE OFFICIALS, FAMILY MEMBERS AND OTHER INTERESTED PARTIES IN THE EVENT OF A DETAINEE BECOMING TERMINALLY ILL OR INJURED OR DEATH OF A DETAINEE OCCURS. IN ADDITION, THE POLICY WILL COVER PROCEDURES TO BE TAKEN IF THE DEATH OF A DETAINEE OCCURS WHILE IN TRANSIT. 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. COMPONENTS YES NO NA REMARKS Detainees who are chronically or terminally ill are transferred to The facility does not routinely accept an appropriate offsite medical facility. detainees who are terminally ill but will accept detainees requiring frequent chronic care monitoring. Detainees who develop medical or mental health conditions beyond the scope of the facility are transferred to a more appropriate location. The facility or appropriate ICE office promptly notifies the next The facility notifies ICE when detainees are of kin of the detainee’s medical condition, to include: housed in an outside medical facility. ICE is responsible for notifying the next of kin • The detainee's location; and regarding the detainee's location and visiting • The limitations placed on visiting. restrictions. There are guidelines addressing the State Advanced Directive Medical policy I-04, End of Life Decision Form for Implementing Living Wills and Advanced Directives. Making, provides guidance to staff regarding • The guidelines include instructions for detainees who living wills and advance directives. wish to have a living will other than the generic form Detainees may appoint another person to the DIHS provides or who wishes to appoint another to make decisions for them. make advance decisions for him or her. The guidelines provide the detainee the opportunity to have a The HSA states that detainees would likely private attorney prepare the documents. be permitted to have a private attorney prepare advance directives; however, policy guidelines are silent on this issue. There is a policy addressing "Do Not Resuscitate Orders” Medical policy I-04, End of Life Decision Making, adequately addresses Do Not Resuscitate Orders (DNR). Detainees with a "Do Not Resuscitate" order in the medical Detainees with a DNR would be housed in record receive maximal therapeutic efforts short of resuscitation? the local hospital and would not be routinely housed within this facility. Local security and medical policy do not specifically address maximal therapeutics efforts. The community medical standard is to provide maximal therapeutic efforts, short of resuscitation, to detainees with a DNR on file. The facility notifies the DIHS Medical Director and Detainees with a DNR would be housed in Headquarters’ Legal Counsel of the name and basic the local hospital and would not routinely be circumstances of any detainee with a "Do Not Resuscitate" order housed within this facility. The facility in the medical record. In the case of IGSAs, this notification is would notify ICE when a detainee has a DNR made through the local ICE representative. on file. ICE would notify the Medical Director of the IHSC and the Headquarters' Legal Counsel. The facility has written procedures to address the issues of organ Medical policy, End of Life Decision donation by detainees. Making, requires the facility notify ICE when an ICE detainee makes a request to be an organ donor. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 45 of 88 2012FOIA3030.011135 TERMINAL ILLNESS, ADVANCED DIRECTIVES, AND DEATH POLICY ALL FACILITIES HOUSING ICE DETAINEES SHALL HAVE POLICIES AND PROCEDURES ADDRESSING THE ISSUES OF TERMINAL ILLNESS OR INJURY, MEDICAL ADVANCED DIRECTIVES, AND DETAINEE DEATH, TO INCLUDE THE PROCEDURES TO ENSURE PROPER NOTIFICATION IS PROVIDED TO ICE OFFICIALS, FAMILY MEMBERS AND OTHER INTERESTED PARTIES IN THE EVENT OF A DETAINEE BECOMING TERMINALLY ILL OR INJURED OR DEATH OF A DETAINEE OCCURS. IN ADDITION, THE POLICY WILL COVER PROCEDURES TO BE TAKEN IF THE DEATH OF A DETAINEE OCCURS WHILE IN TRANSIT. 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. COMPONENTS YES NO NA REMARKS The facility has written procedures to notify ICE officials, Pursuant to the AFOD, the facility notifies deceased family members and consulates, when a detainee dies ICE when an ICE detainee dies and ICE while in Service. makes the notifications of consulates and family. The facility has a policy and procedure to address the death of a Transportation Team post orders adequately detainee while in transport. reflects the national detention standards for an ICE detainee's death while in transport. At all ICE locations the detainee’s remains disposed of in ICE and facility staff coordinates the accordance with the provisions detailed in this standard. disposition of detainee remains in accordance with the requirements of the detention standard. In the event that neither family nor consulate claims the remains, Pursuant to the AFOD, an indigent's burial the Field Office schedules an indigent’s burial, consistent with will be provided if the family or consulate local procedures. does not claim the detainee's body. Additionally, if the deceased detainee is a • If the detainee’s is a U.S. military veteran, is the U.S. military veteran, the Department of Department of Veterans Affairs notified? Veterans Affairs is notified. An original or certified copy of a detainee’s death certificate is There have been no deaths of ICE detainees placed in the subject's a-file. at this facility since the last inspection; however, a review of files from previous deaths of ICE detainees shows the death certificate is placed in the subject's A-file. The facility follows established policy and procedures describing There have been no deaths of ICE detainees when to contact the local coroner regarding such issues as: at this facility since the last inspection; however, a review of files from previous • Performance of an autopsy; deaths of ICE detainees shows facility staff • Who will perform the autopsy; follows established procedures for • Obtaining state approved death certificates; and performance of an autopsy, transportation of • Local transportation of the body. the body and obtaining death certificates. ICE staff follows established procedures to properly close the There have been no deaths of ICE detainees case of a deceased detainee. at this facility since the last inspection. A review of files from previous deaths of detainees shows ICE staff follows established procedure to close these files. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: Policy and procedures are in place that address terminal illness, advance directives and death, as well as the required notifications of family, consulates and ICE personnel. The findings are based upon a review of the policies and documentation, and/or interviews of both facility and ICE staff. The previous inspection found that there were no written guidelines that addressed the ability for detainees to have advance directives prepared by a private attorney. The facility's plan of action did not address this item and at the time of this inspection, the item had not been corrected. / October 20, 2011 b6, b7c AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 46 of 88 2012FOIA3030.011136 SECTION III SECURITY AND CONTROL STANDARDS FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 47 of 88 2012FOIA3030.011137 CONTRABAND POLICY: ALL DETENTION FACILITIES WILL ENSURE THE PROPER HANDLING AND DISPOSAL OF ALL CONTRABAND. CONTRABAND DESTRUCTION IS REQUIRED. COMPONENTS The facility follows a written procedure for handling illegal contraband. Staff inventory, hold, and report it when necessary to the proper authority for action/possible seizure. YES NO NA Contraband that is government property is retained as evidence for potential disciplinary action or criminal prosecution. Staff returns property not needed as evidence to the proper authority. Written procedures cover the return of such property. Altered property is destroyed following documentation and using established procedures. Before confiscating religious items, the OIC or designated investigator contacts a religious authority. Staff follows written procedures when destroying hard contraband that is illegal. Hard contraband that is illegal (under criminal statutes) may be retained and used for official use, e.g. training purposes. If yes, under specific circumstances and using specified written procedures. Hard contraband is secured when not in use. ACCEPTABLE DEFICIENT DOCUMENTATION OF REMARKS The portion of this component that requires staff to inventory, hold and report contraband when necessary to the proper authority for action/possible seizure is specific to SPCs and CDFs. The facility's Procedures Manual provides policy and procedural information regarding the management of illegal contraband. This component is only applicable for SPCs and CDFs. According to policy, contraband that is government property is retained as evidence for potential disciplinary action or criminal prosecution. It is stored in an evidence locker, located in the Control Center, until the completion of an appropriate investigation. This component is only applicable for SPCs and CDFs. Property not needed as evidence is returned to the proper authority, and written records are maintained. Written procedures are found in the facility's Procedures Manual. This component is only applicable for SPCs and CDFs. According to policy, an officer who physically destroys or discards contraband or altered property is observed by another staff member, who is required to document this procedure. This component is only applicable for SPCs and CDFs. Per policy, the clergy is consulted prior to disposition of religious items. This contact may be initiated by the Shift Captain or above. This component is only applicable for SPCs and CDFs. Per policy, contraband may be kept for official use, such as a training tool. Items of this nature are required to be secured in the Training Department. AT-RISK REPEAT FINDING FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 48 of 88 2012FOIA3030.011138 REMARKS: All new staff is issued a copy of the York County Prison Procedures Manual and Standards for Adult Detention Facilities. This manual is reviewed and revised as needed on a yearly basis, to include Contraband Procedures. According to staff interviewed, frequent facility searches, non-contact visiting and intake procedures help reduce contraband. Types of allowable property, the definition of contraband and other issues regarding the inspections of persons and property are also explained in the current edition of the facility handbook. Nuisance contraband is destroyed appropriately. October 20, 2011 b6, b7c AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 49 of 88 2012FOIA3030.011139 DETENTION FILES POLICY: EVERY FACILITY WILL CREATE A DETENTION FILE FOR EVERY ICE DETAINEE BOOKED INTO THE FACILITY, EXCLUDING ONLY DETAINEES SCHEDULED TO DEPART WITHIN 24 HOURS. THE DETENTION FILE WILL CONTAIN COPIES AND, IN SOME CASES, THE ORIGINAL OF SPECIFIED DOCUMENTS CONCERNING THE DETAINEE'S STAY IN THE FACILITY: CLASSIFICATION SHEET, MEDICAL QUESTIONNAIRE, PROPERTY INVENTORY SHEET, DISCIPLINARY DOCUMENTS, ETC. COMPONENTS A detention file is created for every new arrival whose stay will exceed 24 hours. The detainee detention file contains either originals or copies of documentation and forms generated during the admissions process. The detainee’s detention file also contains documents generated during the detainee’s custody. • Special requests • Any G-589s and/or I-77s closed-out during the detainee’s stay • Disciplinary forms/Segregation forms • Grievances, complaints, and the disposition(s) of same The detention files are located and maintained in a secure area. If not, the cabinets are lockable and distribution of the keys is limited to supervisors. 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. The officer closing the detention file makes a notation that the file is complete and ready to be archived. Staff makes copies and sends documents from the file when properly requested by supervisory personnel at the receiving facility or office. YES NO NA REMARKS Upon admission, a detention file is created on each detainee. Information is also entered into an electronic system. Hard copies of information entered into the electronic system are included in a detainee file. There is a file maintained on the unit by the Counselor, which includes all information generated on a detainee during his confinement at this facility. When a detainee is transferred from this facility, his counselor file is combined with the facility detention file and archived. The detention file and the Counselor file contains originals or copies of all documents generated during the detainee admission process, as well as documents generated during a detainee's confinement at this facility. The portion of this component that requires detention files to be in lockable cabinets with the keys limited to supervisors if the files are not maintained in a secure area is specific to SPCs and CDFs Detention files are stored in secure areas. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 50 of 88 2012FOIA3030.011140 DETENTION FILES POLICY: EVERY FACILITY WILL CREATE A DETENTION FILE FOR EVERY ICE DETAINEE BOOKED INTO THE FACILITY, EXCLUDING ONLY DETAINEES SCHEDULED TO DEPART WITHIN 24 HOURS. THE DETENTION FILE WILL CONTAIN COPIES AND, IN SOME CASES, THE ORIGINAL OF SPECIFIED DOCUMENTS CONCERNING THE DETAINEE'S STAY IN THE FACILITY: CLASSIFICATION SHEET, MEDICAL QUESTIONNAIRE, PROPERTY INVENTORY SHEET, DISCIPLINARY DOCUMENTS, ETC. COMPONENTS 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. ACCEPTABLE DEFICIENT YES NO NA AT-RISK REMARKS Based upon the different files available, the only file which staff may be interested in viewing is the counselors file. Staff reported that supervisors, Deputies, and the Warden have access to these files, upon request. There was no logging system to record when files were removed from the counselor's office. Institution detention files are not removed from the record room, nor is there any request to remove these files. REPEAT FINDING REMARKS: Based upon a review of the documentation, interviews of staff, and observation of the file storage systems at this facility, it was determined that the creation and maintenance of detention files is consistent with the expectations of the detention standard. Detention files are kept in secure areas, but there is no system in place to log out files that are removed from storage areas. / October 20, 2011 b6 b7c AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 51 of 88 2012FOIA3030.011141 DISCIPLINARY POLICY POLICY: ALL FACILITIES HOUSING ICE DETAINEES ARE AUTHORIZED TO IMPOSE DISCIPLINE ON DETAINEES WHOSE BEHAVIOR IS NOT IN COMPLIANCE WITH FACILITY RULES AND REGULATIONS. COMPONENTS YES NO NA REMARKS The facility has a written disciplinary system using progressive levels of reviews and appeals. The facility rules state that disciplinary action shall not be capricious or retaliatory. Written rules prohibit staff from imposing or permitting the following sanctions: • corporal punishment • deviations from normal food service All bulleted items of this component are • clothing deprivation referenced in both facility policy and the Staff Code of Conduct. • bedding deprivation • denial of personal hygiene items • loss of correspondence privileges • deprivation of physical exercise The rules of conduct, sanctions, and procedures for violations All detainees are provided a written copy of are defined in writing and communicated to all detainees the handbook during the intake process. In verbally and in writing. addition, a video orientation is provided, and further explanation is available to detainees by staff as needed. The following items are conspicuously posted in Spanish and The requirement to post "Prohibited Acts", English, and other dominate languages used in the facility: the "Disciplinary Severity Scale", and the "Sanctions" is specific to SPCs and CDFs. • Rights and Responsibilities Rights and responsibilities, along with • Prohibited Acts prohibited acts, disciplinary severity scale • Disciplinary Severity Scale and sanctions are included in this facility's • Sanctions handbook in English and Spanish, but are not posted. When minor rule violations or prohibited acts occur, informal This component is only applicable for SPCs resolutions are encouraged. and CDFs. Per policy and practice, discretionary decision-making is permitted by captain-level staff regarding minor rule violations and on a case-by-case basis. Incident reports and Notice of Charges are promptly forwarded to the designated supervisor. Incident reports are investigated within 24 hours of the incident. The Unit Disciplinary Committee (UDC) or equivalent does not convene before an investigation ends. An intermediate disciplinary process is used to adjudicate minor infractions. This component is only applicable for SPCs and CDFs. Typically, supervisors are provided incident reports by the end of the same shift. A decision to serve charges will occur shortly thereafter if warranted, and after other necessary documents and reports are reviewed. Supervisors and above are typically consulted when the option for intermediate disciplinary sanctions is possible. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 52 of 88 2012FOIA3030.011142 DISCIPLINARY POLICY POLICY: ALL FACILITIES HOUSING ICE DETAINEES ARE AUTHORIZED TO IMPOSE DISCIPLINE ON DETAINEES WHOSE BEHAVIOR IS NOT IN COMPLIANCE WITH FACILITY RULES AND REGULATIONS. COMPONENTS YES NO NA REMARKS A disciplinary panel (or equivalent in IGSAs) adjudicates The bulleted sections of this component are infractions. The panel: specific to SPCs and CDFs. The disciplinary panel is known as the Hearing Committee. • Conducts hearings on all charges and allegations The committee's duties are explained in the referred by the UDC; facility handbook and include conducting • Considers written reports, statements, physical hearings on all charges and allegations evidence, and oral testimony; referred by the unit disciplinary committee; • Hears pleadings by detainees and staff representatives; considering written reports, statements, • Bases its findings on the preponderance of evidence; physical evidence and oral testimony; hearing and pleadings by detainees and staff • Imposes only authorized sanctions representatives; basing findings on the preponderance of evidence; and imposing only authorized sanctions. A staff representative is available if requested for a detainee This component is only applicable for SPCs facing a disciplinary hearing. and CDFs. The detainee preparing to appear in front of the Hearing Committee may request, through the assigned counselor, a staff representative. The facility permits hearing postponements or continuances when conditions warrant such a continuance. Reasons are documented. The duration of punishment set by the OIC, as recommended by the disciplinary panel, does not exceed established sanctions. Punishment guidelines and established The maximum time in disciplinary segregation is limited to 60 sanctions are explained in facility policy. days for a single offense. b7e All forms relevant to the incident, investigation, committee/panel reports, etc., are completed and distributed as required. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: According to the facility's Procedures Manual, any incident which may culminate in the issue of charges to a detainee requires a complete investigation and review of written and submitted reports. During the previous year's review, the facility was found to be non-compliant for the component regarding the conspicuous posting of Rights and Responsibilities in Spanish and English. Facility administrators indicated there was no change from the previous year's practice. This information is included in the handbook. Postponements of hearings may occur for any reason. In any event, the committee confirms the detainee has been served with a copy of charges and is aware that a staff representative is possible. October 20, 2011 b6, b7c AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 53 of 88 2012FOIA3030.011143 EMERGENCY (CONTINGENCY) PLANS POLICY ALL FACILITIES HOLDING ICE DETAINEES WILL RESPOND TO EMERGENCIES WITH A PREDETERMINED STANDARDIZED PLAN TO MINIMIZE THE HARMING OF HUMAN LIFE AND THE DESTRUCTION OF PROPERTY. IT IS RECOMMENDED THAT SPCS AND CDFS ENTER INTO AGREEMENT, VIA MEMORANDUM OF UNDERSTANDING (MOU), WITH FEDERAL, LOCAL AND STATE AGENCIES TO ASSIST IN TIMES OF EMERGENCY. COMPONENTS YES NO NA REMARKS Policy precludes detainees or detainee groups from exercising The policy precluding detainees or detainee control or authority over other detainees. groups from exercising control or authority over other detainees is referenced in the staff Code of Conduct. Detainees are protected from: • Personal abuse • Corporal punishment • Personal injury • Disease • Property damage • Harassment from other detainees Staff is trained to identify signs of detainee unrest. Staff is trained to identify signs of detainee unrest in a classroom setting during both • What type of training and how often? initial and refresher training for both Emergency Plans and the Staff Code of Conduct. Strategies for recognizing the facility's climate are discussed. Staff effectively disseminates information on facility climate, Log notes, incident reports and one-on-one detainee attitudes, and moods to the Officer In Charge (OIC) phone contact help disseminate information regarding facility climate. There is a designated person or persons responsible for The Deputy Warden of Operations is emergency plans and their implementation. Sufficient time is responsible for emergency plans and their allotted to the person or group for development and implementation. The plans are reviewed on implementation of the plans. an annual basis or sooner if needed. The plans address the following issues: • Confidentiality • Accountability (copies and storage locations) • Annual review procedures and schedule • Revisions Contingency plans include a comprehensive general section with Tabs within the volume delineate most procedures applicable to most emergency situations. emergency situations along with a comprehensive general section. Specific procedures and check lists accompany these sections. The facility has cooperative contingency plans with applicable: This component is only applicable for SPCs and CDFs. Memos of understanding and • Local law enforcement agencies letters of agreement are in place with other • State agencies law enforcement agencies like the local • Federal agencies police department and the sheriff's department. Statute provides the authority of the Pennsylvania State Police to assume certain duties in the event of a facility emergency. ICE staff (a federal agency) are located on site and are fully integrated into the facility's daily operations. All staff receives copies of Hostage Situation Management This component is only applicable for SPCs policy and procedures. and CDFs. Staff is provided copies of Hostage Situation Management policy and procedures in training materials. They have access to this information further in the facility's written emergency plan. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 54 of 88 2012FOIA3030.011144 EMERGENCY (CONTINGENCY) PLANS POLICY ALL FACILITIES HOLDING ICE DETAINEES WILL RESPOND TO EMERGENCIES WITH A PREDETERMINED STANDARDIZED PLAN TO MINIMIZE THE HARMING OF HUMAN LIFE AND THE DESTRUCTION OF PROPERTY. IT IS RECOMMENDED THAT SPCS AND CDFS ENTER INTO AGREEMENT, VIA MEMORANDUM OF UNDERSTANDING (MOU), WITH FEDERAL, LOCAL AND STATE AGENCIES TO ASSIST IN TIMES OF EMERGENCY. COMPONENTS YES NO NA REMARKS b7e Emergency plans include emergency medical treatment for staff and detainees during and after an incident. This component is only applicable for SPCs and CDFs. Outside medical and mental health treatment for staff and detainees during and after an incident are provided. The group mental health treatment is based on a Crisis Intervention model. This component is only applicable for SPCs and CDFs. Fourteen days of emergency meals are maintained by food service at this facility. This component is only applicable for SPCs and CDFs. Drawings and floor plans are included in the volume of emergency plans. Markings on these drawings indicate the locations of shut-off valves and switches for all utilities. (water, gas, electric) Food service maintains at least 3 days' worth of emergency meals for staff and detainees. Written plans identify locations of shut-off valves and switches for all utilities (water, gas, electric). Written procedures cover: • Work/Food Strike • Disturbances • Escapes • Bomb Threats • Adverse Weather • Internal Searches • Facility Evacuation • Detainee Transportation System Plan • Internal Hostages • Civil Disturbances ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: The facility's written emergency plan is based upon the Incident Command System (ICS) structure. Staff is trained regarding the content of the plan, and participates in emergency drills. Hostage Survival training is included. Detainees also participate in emergency drills on a regular basis, including fire drills one time each month. There are five copies of the emergency plan kept in specific locations, named within the content of the plan. The Deputy Warden of Operations is responsible for reviewing and revising the plan as needed. The local fire department has a copy of the emergency plan. Outside Crisis Intervention teams may be brought into the facility after any emergency incident for debriefing and to assist staff/victims as needed. / October 20, 2011 b6, b7c AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 55 of 88 2012FOIA3030.011145 ENVIRONMENTAL HEALTH AND SAFETY POLICY: EVERY FACILITY WILL CONTROL FLAMMABLE, TOXIC, AND CAUSTIC MATERIALS THROUGH A HAZARDOUS MATERIALS PROGRAM. THE PROGRAM WILL INCLUDE, AMONG OTHER THINGS, THE IDENTIFICATION AND LABELING OF HAZARDOUS MATERIALS IN ACCORDANCE WITH APPLICABLE STANDARDS (E.G., NATIONAL FIRE PROTECTION ASSOCIATION [NFPA]); IDENTIFICATION OF INCOMPATIBLE MATERIALS, AND SAFE-HANDLING PROCEDURES COMPONENTS YES NO NA REMARKS The facility has a system for storing, issuing, and maintaining The facility has a system of storing, issuing inventories of hazardous materials. and maintaining hazardous materials. The facility has one location for distribution, and most products are used through the Ecolab system. Inventories are taken of all products in this area. Constant inventories are maintained for all flammable, toxic, and caustic substances used/stored in each section of the facility. The manufacturer’s Material Safety Data Sheet (MSDS) file is up-to-date for every hazardous substance used. Material Safety Data Sheet (MSDS) Master • The files list all storage areas, and include a plant Files are located in the maintenance diagram and legend. department and the medical department. Area-specific MSDS books are located • The MSDSs and other information in the files are throughout the facility. available to personnel managing the facility’s safety program. All personnel using flammable, toxic, and/or caustic substances follow the prescribed procedures. They: • Wear personal protective equipment; and • Report hazards and spills to the designated official. The MSDSs are readily accessible to staff and detainees in work areas. Hazardous materials are always issued under proper supervision. • Quantities are limited; and • Staff always supervises detainees using these substances. All "flammable” and “combustible" materials (liquid and aerosol) are stored and used according to label recommendations. Lighting fixtures and electrical equipment installed in storage rooms and other hazardous areas meet National Electrical Code requirements. The facility has sufficient ventilation, and provides and ensures clean air exchanges throughout all buildings. Vents return vents, and air conditioning ducts are not blocked or obstructed in cells or anywhere in the facility. Living units are maintained at appropriate temperatures in accordance with industry standards. (68 to 74 degrees in the winter and 72 to 78 degrees in the summer.) Shower and sink water temperatures do not exceed the industry standard of 120 degrees. All toxic and caustic materials are stored in their original containers in a secure area. Excess flammables, combustibles, and toxic liquids are disposed of properly and in accordance with MSDSs. Cleaning chemicals bottles were noticed throughout the facility that were not labeled. In E Block a chemical sprayer was observed out in the open area where ICE detainees and non-ICE detainees had access. Cleaning storage areas were observed unsecure with ICE detainees and non-ICE detainees having access to chemicals. Air temperature in the facility averaged between 68 and 70 degrees. All disposals of hazardous materials are done through the County Public Works Department. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 56 of 88 2012FOIA3030.011146 ENVIRONMENTAL HEALTH AND SAFETY POLICY: EVERY FACILITY WILL CONTROL FLAMMABLE, TOXIC, AND CAUSTIC MATERIALS THROUGH A HAZARDOUS MATERIALS PROGRAM. THE PROGRAM WILL INCLUDE, AMONG OTHER THINGS, THE IDENTIFICATION AND LABELING OF HAZARDOUS MATERIALS IN ACCORDANCE WITH APPLICABLE STANDARDS (E.G., NATIONAL FIRE PROTECTION ASSOCIATION [NFPA]); IDENTIFICATION OF INCOMPATIBLE MATERIALS, AND SAFE-HANDLING PROCEDURES COMPONENTS YES NO NA REMARKS Staff directly supervise and account for products with methyl alcohol. Staff receives a list of products containing diluted The facility does not use products with methyl alcohol, e.g., shoe dye. All such products are clearly methyl alcohol. labeled. "Accountability" includes issuing such products to detainees in the smallest workable quantities. Every employee and detainee using flammable, toxic, or caustic materials receives advance training in their use, storage, and disposal. The facility complies with the most current edition of applicable codes, standards, and regulations of the National Fire Protection Association and the Occupational Safety and Health Administration (OSHA). A technically qualified officer conducts the fire and safety The facility has assigned a Captain who is a inspections. retired Fire Chief to oversee the facility fire safety program. The Safety Office (or officer) maintains files of inspection Inspection reports are located in the reports. Maintenance Supervisor's office. The facility has an approved fire prevention, control, and The facility has an approved fire prevention evacuation plan. control and evacuation plan. This plan has been reviewed and approved by the Fire Chief of the York Area United Fire and Rescue Department on August 15, 2011. The plan requires: • Monthly fire inspections; • Fire protection equipment strategically located Monthly fire inspections are conducted by the throughout the facility; facility staff. Fire extinguishers are located throughout the facility. Emergency floor • Public posting of emergency plans with accessible plans are located throughout the facility. Exit building/room floor plans; signs were also observed. • Exit signs and directional arrows; and • An area-specific exit diagram conspicuously posted in the diagrammed area. Fire drills are conducted and documented monthly. Fire drills are conducted and documented in a fire drill logbook. A sanitation program covers barbering operations. The barbershop is located in a multi-purpose room, and does not meet the sanitary requirements. The barber shop has the facilities and equipment necessary to The barbershop does not have a sink with meet sanitation requirements. running water to meet the sanitation requirements. The sanitation standards are conspicuously posted in the Sanitation standards are clearly posted in the barbershop. barbershop area. Written procedures regulate the handling and disposal of used needles and other sharp objects. All items representing potential safety or security risks are Medical staff inventory sharps and tools on a inventoried and a designated individual checks this inventory daily basis. weekly. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 57 of 88 2012FOIA3030.011147 ENVIRONMENTAL HEALTH AND SAFETY POLICY: EVERY FACILITY WILL CONTROL FLAMMABLE, TOXIC, AND CAUSTIC MATERIALS THROUGH A HAZARDOUS MATERIALS PROGRAM. THE PROGRAM WILL INCLUDE, AMONG OTHER THINGS, THE IDENTIFICATION AND LABELING OF HAZARDOUS MATERIALS IN ACCORDANCE WITH APPLICABLE STANDARDS (E.G., NATIONAL FIRE PROTECTION ASSOCIATION [NFPA]); IDENTIFICATION OF INCOMPATIBLE MATERIALS, AND SAFE-HANDLING PROCEDURES COMPONENTS YES NO NA REMARKS Standard cleaning practices include: The facility needs some attention in the area • Using specified equipment; cleansers; disinfectants and of sanitation. Walls need painting and detail detergents. cleaning is needed in all areas. Bathrooms • An established schedule of cleaning and follow-up were dirty with garbage overflowing. inspections. The facility follows standard cleaning procedures. General cleaning is done on floors, but walls were very dirty and need cleaning and painting Spill kits are readily available. A spill kit is accessible to staff in the cross hallway. A licensed medical waste contractor disposes of infectious/bioThe facility has a contract with Stericycle to hazardous waste. remove infectious/bio-hazardous waste. Staff is trained to prevent contact with blood and other body fluids and written procedures are followed. Do the methods for handling/disposing of refuse meet all The facility has a contract with Waste regulatory requirements? Management for its refuse removal. A licensed/Certified/Trained pest-control professional inspects for rodents, insects, and vermin. The facility has a contract with Orkin Pest • At least monthly. Control. • The pest-control program includes preventative spraying for indigenous insects. Drinking water and wastewater is routinely tested according to a The facility obtains water from the York fixed schedule. County Water Company. The water was last tested in January 2010. Emergency power generators are tested at least every two weeks. The facility conducts weekly tests of the generators and documents these tests. They • Other emergency systems and equipment receive also have a service contract with Winters testing at least quarterly. Generator Company to come in every six • Testing is followed-up with timely corrective actions months for load testing and providing an (repairs and replacements). overall review of all generators. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 58 of 88 2012FOIA3030.011148 REMARKS: The facility has an approved fire prevention, control and evacuation plan that has been reviewed and approved by the Fire Chief of the York Area united Fire and Rescue Department. The facility has a contract with Stericycle for its removal of bio-hazard waste and a contract with Waste Management for its refuse removal. It also has a contract with Orkin Pest control for its vermin and pest control. For the facility generators, the facility has a contract with Winters Generators. The facility has a plan in place for the storage, control, and distribution of hazardous materials. The facility has a central distribution point for all cleaning supplies, and utilizes the Ecolab system which minimizes contact with the chemicals for both the staff and detainees. Numerous spray bottles were observed both in storage closets and in the barbershop in use, which did not have the proper MSDS labeling. Also in E block a spray container was observed in the common area unsecured. Several deficiencies have been corrected since the 2010 inspection was conducted to include the following: The facility has assigned a facility Captain who is a retired Fire Chief and is certified as a fire safety inspector to conduct fire safety inspections. In Food Service several cleaning products were observed without inventories or MSDS Sheets. The facility has since removed the products that did not have MSDS sheets. The facility has updated all of its MSDS books in the Maintenance and Food Service areas and has placed them into areas that are accessible to staff and detainees. One issue remains deficient since the last inspection. The barbershop is located in a multi-purpose room where other activities take place and there is no running water. The facilities position is that this is the only location available to conduct haircuts and the contract company that comes in and conducts the haircuts has the appropriate sanitation products with them. / October 20, 2011 b6, b7cb6, b7c AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 59 of 88 2012FOIA3030.011149 HOLD ROOMS IN DETENTION FACILITIES POLICY: HOLD ROOMS WILL BE USED ONLY FOR TEMPORARY DETENTION OF DETAINEES AWAITING REMOVAL, TRANSFER, EOIR HEARINGS, MEDICAL TREATMENT, INTRA-FACILITY MOVEMENT, OR OTHER PROCESSING INTO OR OUT OF THE FACILITY. COMPONENTS YES NO NA REMARKS The hold rooms are situated within the secure perimeter. This component is only applicable for SPCs and CDFs. Hold rooms are located within the secure perimeter in a general intake area, as well as in a designated female only intake area. The hold rooms are well ventilated well lighted, and all This component is only applicable for SPCs activating switches are located outside the room. and CDFs. Lights are controlled and other activating switches are controlled from outside the hold rooms. The rooms are well lit and ventilated. The hold rooms contain sufficient seating for the number of This component is only applicable for SPCs detainees held. and CDFs. Bench seating is used for staging detainees in hold rooms. There is adequate seating for the numbers of detainees being held at any given time. Bunks, cots, beds, or other related make-shift sleeping apparatus This component is only applicable for SPCs are precluded from use inside hold rooms. and CDFs. There is no make-shift or permanent sleeping apparatus in the hold rooms. The walls and ceilings of the hold rooms are tamper and escape This component is only applicable for SPCs proof. and CDFs. The hold rooms are typical concrete block construction with high windows and 14 foot ceilings. Individuals are not held in hold rooms for more than 12 hours. Male and females are segregated from each other. Detainees under the age of 18 are not held with adult detainees. Detainees under the age of 18, adjudicated as adults, are housed in an area with detainees of a similar age group. Detainees are provided with basic personal hygiene items such as water, soap, toilet paper, cups for water, feminine hygiene items, diapers and wipes. In older facilities, officers are within visual or audible range to Each hold room is equipped with a stainless allow detainees access to toilet facilities on a regular basis. steel toilet and sink combo unit. All detainees are given a pat down search for weapons or contraband before being placed in the room. Officers closely supervise the detention hold rooms using direct supervision (Irregular visual monitoring.). • Hold rooms are irregularly monitored every 15 This activity is logged. minutes. • Unusual behavior or complaints are noted. When the last detainee has been removed from the hold room, it is given a thorough inspection. There is a written evacuation plan that includes a designated The section of this component that requires officer to remove detainees from hold rooms in case of fire for the evacuation plan to include a and/or building evacuation. designated officer to remove detainees from hold rooms in case of fire and/or building evacuation is specific to SPCs and CDFs. There is an officer designated to evacuate hold rooms in an emergency. Written evacuation plans are posted in appropriate locations near hold rooms. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 60 of 88 2012FOIA3030.011150 HOLD ROOMS IN DETENTION FACILITIES POLICY: HOLD ROOMS WILL BE USED ONLY FOR TEMPORARY DETENTION OF DETAINEES AWAITING REMOVAL, TRANSFER, EOIR HEARINGS, MEDICAL TREATMENT, INTRA-FACILITY MOVEMENT, OR OTHER PROCESSING INTO OR OUT OF THE FACILITY. COMPONENTS YES NO NA REMARKS An appropriate emergency service is called immediately upon a determination that a medical emergency may exist. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: The frequent inspection of hold rooms appears to be cursory. Sanitation concerns were noted, including wall graffiti, floors and ceilings in need of cleaning and painting. The facility administration has acknowledged this issue and has immediately implemented a plan to repaint hold rooms. While each hold room contains a combo unit, there is no privacy wall or panel in the design. With the close proximity of medical services, screenings are completed efficiently. Emergency response by medical professionals is efficient. b6, b7c / October 20, 2011 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 61 of 88 2012FOIA3030.011151 KEY AND LOCK CONTROL (SECURITY, ACCOUNTABILITY AND MAINTENANCE) POLICY IT IS THE POLICY OF THE ICE SERVICE TO MAINTAIN AN EFFICIENT SYSTEM FOR THE USE, ACCOUNTABILITY AND MAINTENANCE OF ALL KEYS AND LOCKS. COMPONENTS YES NO NA REMARKS The security officer[s], or equivalent in IGSAs, has attended an The Facilities Manager has attended an approved locksmith training program. approved locksmith training program. The security officer, or equivalent in IGSAs, has responsibly for The Chief Control Captain/Security Officer is all administrative duties and responsibilities relating to keys, responsible for all the administrative duties locks etc. and responsibilities associated with key control. The security officer, or equivalent in IGSAs, provides training to The Training Captain, considered an employees in key control. equivalent position, provides training to employees in key control The security officer, or equivalent in IGSAs, maintains The Chief Control Captain/Security Officer inventories of all keys, locks and locking devices. has been assigned the duty for maintaining inventories of all keys, locks and locking devices. The security officer follows a preventive maintenance program The Chief Control Captain follows a and maintains all preventive maintenance documentation. preventive maintenance program schedule on a quarterly basis, and documentation is maintained. Facility policies and procedures address the issue of compromised keys and locks. The security officer, or equivalent in IGSAs, develops policy and procedures to ensure safe combinations integrity. Only dead bolt or dead lock functions are used in detainee accessible areas. Only authorized locks (as specified in the Detention Standard) are used in detainee accessible areas. Grand master keying systems are prohibited. All worn or discarded keys and locks are cut up and properly disposed of. Padlocks and/or chains are prohibited from use on cell doors. 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, Ch. 3; • National Fire Protection Association Life Safety Code 101. The operational keyboard is sufficient to accommodate all the facility key rings, including keys in use, and is located in a secure area. Most keys are stored on an operational keyboard located in the Control Center. Only trained, authorized staff is permitted to issue keys from this point. b7e Emergency keys are available for all areas of the facility. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 62 of 88 2012FOIA3030.011152 KEY AND LOCK CONTROL (SECURITY, ACCOUNTABILITY AND MAINTENANCE) POLICY IT IS THE POLICY OF THE ICE SERVICE TO MAINTAIN AN EFFICIENT SYSTEM FOR THE USE, ACCOUNTABILITY AND MAINTENANCE OF ALL KEYS AND LOCKS. COMPONENTS YES NO NA REMARKS The facilities use a key accountability system. A chit exchange system is used. Each employee is issued two chits when hired. Depending on job title, some positions are permitted an additional chit (i.e., maintenance staff). b7e Individual gun lockers are provided. • They are located in an area that permits constant officer observation. • In an area that does not allow detainee or public access. The facility has a key accountability policy and procedures to ensure key accountability. The keys are physically counted daily. The requirement for keys to be physically counted daily is specific to SPCs and CDFs. The key accountability policy and procedures are found in the 2011 York County Prison Procedures Manual. Keys are physically counted at the change of each shift. All staff members are trained and held responsible for adhering to proper procedures for the handling of keys. • Issued keys are returned immediately in the event an employee inadvertently carries a key ring home. • When a key or key ring is lost, misplaced, or not accounted for, the shift supervisor is immediately notified. • Detainees are not permitted to handle keys assigned to staff. ACCEPTABLE The bulleted sections of the component are specific to SPCs and CDFs. All bulleted elements of the component were found to be explained in procedures. All staff are trained and held responsible for adhering to the proper procedures for handling keys. Practice appears to be consistent with written policy. DEFICIENT AT-RISK REPEAT FINDING REMARKS: The Chief Control Captain/Security Officer has been assigned the administrative duties related to managing keys and locks. This position collaborates with the Facilities Manager and Training Captain to ensure the full intent of the components for this standard are met or exceeded. There are three points in the facility where keys are issued to staff: The Control Center, Floor Control and what is known as M Block Booth. All issue points complete the same procedures for key accountability with regard to inventories, key tags, a chit system and other procedures. The Chief Control Captain/Security Officer is responsible for key control procedures at all issue points. b7e The Training Captain and Chief Control Captain/Security Officer collaborate regarding lesson plan content for key control. Documentation of Key Control training is contained in both electronic and hard copy staff training records. b6, b7c / October 20, 2011 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 63 of 88 2012FOIA3030.011153 POPULATION COUNTS POLICY: ALL DETENTION FACILITIES SHALL ENSURE AROUND-THE-CLOCK ACCOUNTABILITY FOR ALL DETAINEES. THIS REQUIRES THAT THEY CONDUCT AT LEAST ONE FORMAL COUNT OF THE DETAINEE POPULATION PER SHIFT, WITH ADDITIONAL FORMAL AND INFORMAL COUNTS CONDUCTED AS NECESSARY. COMPONENTS YES NO NA REMARKS Staff conduct a formal count at least once each shift. Activities cease or are strictly controlled while a formal count is This component is only applicable for SPCs being conducted. and CDFs. Once a unit has been counted, detainees are released to resume activity prior to the entire facility's count being cleared. Certain operations cease during formal counts. This component is only applicable for SPCs and CDFs. Certain operations cease for as long as it takes to count detainees. Once counted, operations are resumed, prior to the entire facility’s count being cleared. All movement ceases for the duration of a formal count. This component is only applicable for SPCs and CDFs. Once a housing unit has been counted, detainees are released and movement is resumed, prior to the entire facility's count being cleared. Formal counts in all units take place simultaneously. This component is only applicable for SPCs and CDFs. All units are counted at the same time. Detainee participation in counts is prohibited. This component is only applicable for SPCs and CDFs. At no time are detainees approved for participation in counts. A face-to-photo count follows each unsuccessful recount. This component is only applicable for SPCs and CDFs. In the event the count fails to clear, a face-to-photo count is repeated. Officers positively identify each detainee before counting This component is only applicable for SPCs him/her as present. and CDFs. Officers positively identify each detainee before counting as present. This is accomplished by use of an imbedded photo on a detainee wrist band, or with the assistance of a hand-held scanner, which, when the wrist band bar code is registered, presents a photo of the detainee on the screen. Written procedures cover informal and emergency counts. • They are followed during informal counts and emergencies. The control officer (or other designated position) maintains an Out counts are monitored by staff in the out -count record of all detainees temporarily leaving the facility. Control Center. This training is documented in each officer’s training folder. Training for counts is documented and kept in hard copy form for each staff member, as well as in electronic records, maintained by the Training Captain. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 64 of 88 2012FOIA3030.011154 REMARKS: The inspection team observed the 1:00 PM formal count procedures on October 19, 2011. Other facility counts occur at 4:30 PM, 11:00 PM and 4:00 AM. At approximately 12:30 p.m. compliance inspectors were escorted to various housing units in the facility, as well as to the Control Center to observe the count process. As each unit was counted and numbers reported, staff released detainees to resume previous movement, activities, or other operations. The facility is currently in the process of transitioning toward full use of an electronic, hand-held scanner/gun, which verifies the detainee's arm band and bar code, with a picture of the detainee and other identity information about the detainee. Therefore, at present, a hand written check off is also being completed by staff in some housing units. This transition period has resulted in a longer period of time than desired for the formal count to clear. From the observers' point of view, it was confusing in determining which detainees had been counted and authorized to be moving about. Out counts are recorded and reconciled by officers in the Control Center. Generally, detainees who are out to court or on medical trips are among the detainees included in the out-count numbers. A revision to this procedure is currently in review for the future. All numbers were fully reconciled and count was officially declared cleared in the facility at 1:55 p.m. / October 20, 2011 b6, b7c AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 65 of 88 2012FOIA3030.011155 POST ORDERS POLICY: ICE PROVIDES OFFICERS ALL NECESSARY GUIDANCE FOR CARRYING OUT THEIR DUTIES. THIS GUIDANCE INCLUDES THE POST ORDERS ESTABLISHED FOR EVERY POST, WHICH ARE REVIEWED AT LEAST ANNUALLY, AND GIVEN TO EACH OFFICER UPON ASSIGNMENT TO THAT POST. COMPONENTS YES NO NA REMARKS Every fixed post has a set of post orders. Each set contains the latest inserts (emergency memoranda, etc.) This component is only applicable for SPCs and revisions. and CDFs. Staff is familiar with the content of assigned post orders. Each set contains the latest inserts (emergency memoranda, etc.) and revisions issued from the appropriate Deputy Warden (Operations or Security) or Warden. One individual or department is responsible for keeping all postThe Deputy Warden of Operations is orders current with revisions that take place between reviews. responsible for keeping all post-orders current with revisions. The IGSA maintains a complete set (central file) of post orders. The central file is accessible to all staff. This component is only applicable for SPCs and CDFs. Each staff member has access to a central file where all post-orders are stored. The OIC or Contract / IGSA equivalent initiates/authorizes all This component is only applicable for SPCs post-order changes. and CDFs. The warden's signature was observed to be on all amended post orders. The OIC or Contract / IGSA equivalent has signed and dated the This component is only applicable for SPCs last page of every section. and CDFs. The designated deputy warden has signed and dated the last page of every section, unless the section indicates an amended/revised change. In this case, the warden's signature is included. A review/updating/reissuing of post orders occurs regularly and at a minimum, annually. Procedures keep post orders and logbooks secure from detainees This component is only applicable for SPCs at all times. and CDFs. Log books are managed and controlled by housing staff who secure them properly when not in use. Every armed-post officer qualifies with the post weapon(s) This component is only applicable for SPCs before assuming post duty. and CDFs. Remaining weapons-trained and qualified is considered an essential function of the job for every officer. Armed-post post orders provide instructions for escape attempts. The post orders for housing units track the event schedule. This component is only applicable for SPCs and CDFs. An event schedule is included within post orders and is tracked by housing staff, who document group or individual detainee activity. Housing-unit post officers record all detainee activity in a log. This component is only applicable for SPCs The post order includes instructions on maintaining the logbook. and CDFs. Housing unit officers document detainee activity in a log. A code system has been developed to indicate the description of the activity and how to maintain the logbook. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 66 of 88 2012FOIA3030.011156 REMARKS: At the start of each shift, staff signs a logbook acknowledging their acceptance of the post and their knowledge of the post orders' content. All activities and scheduled events are tracked by housing unit officers who are also responsible for recording times and types of activities completed by detainees. To record some activities, staff uses an electronic contact apparatus. When swiped, the identity of the officer and time is electronically entered into a large computerized record-keeping system which can be retrieved for hard copy later. This method is used to assist when documenting the required 15-minute rounds in the SMUs. b6, b7c / October 20, 2011 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 67 of 88 2012FOIA3030.011157 SECURITY INSPECTIONS POLICY: POST ASSIGNMENTS IN THE FACILITY'S HIGH-RISK AREAS, WHERE SPECIAL SECURITY PROCEDURES MUST BE FOLLOWED, WILL BE RESTRICTED TO EXPERIENCED PERSONNEL WITH A THOROUGH GROUNDING IN FACILITY OPERATIONS. COMPONENTS YES NO NA REMARKS The facility has a comprehensive security inspection policy. The The portion of the component that requires policy specifies: for the security inspection policy to specify the posts to be inspected and the required • Posts to be inspected; inspection forms is specific to SPCs and • Required inspection forms; CDFs. The 2011 edition of the York County • Frequency of inspections; Prison Procedures Manual fully explains the • Guidelines for checking security features; and procedures for ensuring a comprehensive • Procedures for reporting weak spots, inconsistencies, security inspection policy. All bulleted and other areas needing improvement elements of this component are addressed within the content of this policy. Every officer is required to conduct a security check of his/her This component is only applicable for SPCs assigned area. The results are documented. and CDFs. Part of each post's acceptance is the requirement to conduct a security check of the assigned area and document the results in the appropriate log. Documentation of security inspections is kept on file. This component is only applicable for SPCs and CDFs. Documentation of security inspections is reviewed at the conclusion of each shift and ultimately sent to the Facilities Manager for review and file. Procedures ensure that recurring problems and a failure to take This component is only applicable for SPCs corrective action are reported to the appropriate manager. and CDFs. Work orders are initiated and followed up on an as needed basis. The Facilities Manager monitors an ongoing list of projects, repairs, and prioritizes accordingly. The front-entrance officer checks the ID of everyone entering or exiting the facility. All visits are officially recorded in a visitor logbook or electronically recorded. The facility has a secure visitor pass system. Every Control Center officer receives specialized training. The Control Center is staffed around the clock. Policy restricts staff access to the Control Center. Detainees are restricted from access to the Control Center. Communications are centralized in the Control Center. Due to the number of job tasks required in the Control Center, staff assigned to this area is required to complete specialized, on-thejob training. This component is only applicable for SPCs and CDFs. The Control Center is staffed 24 hours per day, seven days per week. This component is only applicable for SPCs and CDFs. Neither custodial line staff nor non-custodial staff is permitted to access the Control Center without authorization. This component is only applicable for SPCs and CDFs. Detainees are never permitted access to the Control Center. This component is only applicable for SPCs and CDFs. Internal and external communications are centralized in the Control Center. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 68 of 88 2012FOIA3030.011158 SECURITY INSPECTIONS POLICY: POST ASSIGNMENTS IN THE FACILITY'S HIGH-RISK AREAS, WHERE SPECIAL SECURITY PROCEDURES MUST BE FOLLOWED, WILL BE RESTRICTED TO EXPERIENCED PERSONNEL WITH A THOROUGH GROUNDING IN FACILITY OPERATIONS. COMPONENTS YES NO NA REMARKS Officers monitor all vehicular traffic entering and leaving the Officers monitor all vehicular traffic entering facility. and leaving the facility by utilizing camera surveillance from the Control Center. The facility maintains a log of all incoming and departing vehicles to sensitive areas of the facility. Each entry contains: This component is only applicable for SPCs • The driver's name; and CDFs. According to staff interviewed, • Company represented; there is no ongoing log of all incoming and • Vehicle contents; departing vehicles. This facility does not consider service delivery or similar vehicles • Delivery date and time; as entering the secure perimeter of the • Date and time out; facility. None of the bulleted elements of this • Vehicle license number; and component are maintained in a log. • Name of employee responsible for the vehicle during the visit Officers thoroughly search each vehicle entering and leaving the The requirement for officers to thoroughly facility. search vehicles leaving the facility is specific to SPCs and CDFs. According to staff interviewed, officers do not search each vehicle entering and leaving the facility. The facility has a written policy and procedures to prevent the introduction of contraband into the facility or any of its components. Tools being taken into the secure area of the facility are This component is only applicable for SPCs inventoried before entering and prior to departure. and CDFs. Tools being taken into the secure area of the facility are inventoried before entering and prior to departure. Typically only authorized staff (i.e. maintenance staff), are permitted to take tools into the secure area of the facility. The SMU entrance has a sally port. The physical plant design of this facility does not include a sally port at the entrance of the SMU. Written procedures govern searches of detainee housing units and personal areas. Housing area searches occur at irregular times. This component is only applicable for SPCs and CDFs. Searches are conducted on a random basis and at irregular times. Detainees are aware housing area searches occur at irregular times, based on information provided in the handbook. Every search of the SMU and other housing units is documented. Storage and supply rooms, walls, light and plumbing fixtures, accesses, and drains, etc., undergo frequent, irregular searches. These searches are documented. Walls, fences, and exits, including exterior windows, are inspected for defects once each shift. b7e Visitation areas receive frequent, irregular inspections. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 69 of 88 2012FOIA3030.011159 REMARKS: There were two deficient components identified in this inspection that were also identified in the 2010 review. Officers do not thoroughly search each vehicle entering the facility, and the SMU does not have a sally port entrance to the SMU. The facility utilizes over 340 cameras for video surveillance purposes. Staff assigned to the Control Center where screens are located have the opportunity to observe nearly all internal and external areas of the facility. As visitors or detainees move in and out of the non-contact visiting area, they are provided the opportunity to avail themselves of disinfectant supplies to self-clean telephones, chairs and other surfaces. At the end of the day a general cleaning occurs, as well as an inspection of the area. b6, b7c / October 20, 2011 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 70 of 88 2012FOIA3030.011160 SPECIAL MANAGEMENT UNIT (SMU) (ADMINISTRATIVE SEGREGATION) POLICY: THE SPECIAL MANAGEMENT UNIT REQUIRED IN EVERY FACILITY ISOLATES CERTAIN DETAINEES FROM THE GENERAL POPULATION. THE SPECIAL MANAGEMENT UNIT WILL CONSIST OF TWO SECTIONS. ONE, ADMINISTRATIVE SEGREGATION, HOUSES DETAINEES ISOLATED FOR THEIR OWN PROTECTION; THE OTHER FOR DETAINEES BEING DISCIPLINED FOR WRONGDOING (SEE THE “SPECIAL MANAGEMENT UNIT [DISCIPLINARY SEGREGATION]” STANDARD). COMPONENTS YES NO NA REMARKS The Administrative Segregation unit provides non-punitive protection from the general population and individuals undergoing disciplinary segregation. • Detainees are placed in the SMU (administrative) in accordance with written criteria. In exigent circumstances, staff may place a detainee in the SMU (administrative) before a written order has been approved. • A copy of the order given to the detainee within 24 hours. The OIC (or equivalent) regularly reviews the status of detainees This component is only applicable for SPCs in administrative detention. and CDFs. A Program Review Committee is responsible for a review of status for • A supervisory officer conducts a review within 72 detainees in administrative detention. This hours of the detainee’s placement in the SMU occurs within 72 hours of the detainee's (administrative). placement in administrative segregation. A supervisory officer conducts another review after the detainee has spent seven days in administrative segregation, and: This component is only applicable for SPCs • Every week thereafter for the first month; and and CDFs. All bulleted elements of this • Every 30 days after the first month. component are completed by the Program • Does each review include an interview with the Review Committee within the time frames detainee? shown. • Is a written record made of the decision and the justification? The detainee is given a copy of the decision and justification for This component is only applicable for SPCs each review. and CDFs. The detainee receives a copy of any decision and the justification for each • The detainee is given an opportunity to appeal the review. The appeal process is provided to reviewer's decision to someone else in the facility. detainees in the handbook. The OIC (or equivalent) routinely notifies the Field Office This component is only applicable for SPCs Director (or staff officer in charge of IGSAs) any time a and CDFs. The in-house presence of ICE detainee's stay in administrative detention exceeds 30 days. staff allows for immediate notification/ communication regarding detainee status in • Upon notification that the detainee's administrative administrative detention, including any segregation has exceeded 60 days, the FD forwards instance when the detention period exceeds written notice to HQ Field Operations Branch Chief for 30 days. Due to movement in/out of the DRO. facility, and in the unlikely event the detainee's administrative segregation has exceeded 60 days, the FOD forwards written notice to HQ Field Operations Branch Chief for Detention and Removal Operations. The OIC or equivalent) reviews the case of every detainee who This component is only applicable for SPCs objects to administrative segregation after 30 days in the SMU. and CDFs. The warden or designee reviews the case of every detainee who objects to • A written record is made of the decision and the administrative segregation after 30 days in justification. SMU. Both a written record of the decision • The detainee receives a copy of this record. and justification, and a copy are prepared. A copy is provided to the detainee. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 71 of 88 2012FOIA3030.011161 SPECIAL MANAGEMENT UNIT (SMU) (ADMINISTRATIVE SEGREGATION) POLICY: THE SPECIAL MANAGEMENT UNIT REQUIRED IN EVERY FACILITY ISOLATES CERTAIN DETAINEES FROM THE GENERAL POPULATION. THE SPECIAL MANAGEMENT UNIT WILL CONSIST OF TWO SECTIONS. ONE, ADMINISTRATIVE SEGREGATION, HOUSES DETAINEES ISOLATED FOR THEIR OWN PROTECTION; THE OTHER FOR DETAINEES BEING DISCIPLINED FOR WRONGDOING (SEE THE “SPECIAL MANAGEMENT UNIT [DISCIPLINARY SEGREGATION]” STANDARD). COMPONENTS YES NO NA REMARKS The detainee is given the right to appeal to the OIC (or This component is only applicable for SPCs equivalent) the conclusions and recommendations of any review and CDFs. The detainee is given the right to conducted after the detainee have remained in administrative appeal the conclusions and recommendations segregation for seven consecutive days. of any review conducted after the detainee has remained in administrative segregation for seven consecutive days. These appeal rights and the process is contained within the handbook. Administratively segregated detainees enjoy the same general privileges as detainees in the general population. The SMU is: • Well ventilated; • Adequately lighted; • Appropriately heated; and • Maintained in a sanitary condition. All cells are equipped with beds. • Every bed is securely fastened to the floor or wall. The number of detainees in any cell does not exceed the The capacity of administrative segregation occupancy limit. cells is rarely at risk for being exceeded. Basic living standards do not decline, since • When occupancy exceeds recommended capacity, do there are sufficient cells with adequate space basic living standards decline? for double-bunking. The criteria for • Do criteria for objectively assessing living standards objectively assessing living standards are exist? found in a combination of security written • If yes, are the criteria included in the written inspection policy and procedure as well as procedures? post orders. The segregated detainees have the same opportunities to exchange/launder clothing, bedding, and linen as detainees in the general population. Detainees receive three nutritious meals per day, from the Detainees receive three nutritious meals per general population’s menu of the day. day from the general population's menu. Detainees housed in administrative • Do detainees eat only with disposable utensils? segregation use a plastic disposable spoon as • Is food ever used as punishment? their eating utensil. Food is never used as punishment. Each detainee maintains a normal level of personal hygiene in the SMU. • The detainees have the opportunity to shower and shave at least three times a week. • If not, explain. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 72 of 88 2012FOIA3030.011162 SPECIAL MANAGEMENT UNIT (SMU) (ADMINISTRATIVE SEGREGATION) POLICY: THE SPECIAL MANAGEMENT UNIT REQUIRED IN EVERY FACILITY ISOLATES CERTAIN DETAINEES FROM THE GENERAL POPULATION. THE SPECIAL MANAGEMENT UNIT WILL CONSIST OF TWO SECTIONS. ONE, ADMINISTRATIVE SEGREGATION, HOUSES DETAINEES ISOLATED FOR THEIR OWN PROTECTION; THE OTHER FOR DETAINEES BEING DISCIPLINED FOR WRONGDOING (SEE THE “SPECIAL MANAGEMENT UNIT [DISCIPLINARY SEGREGATION]” STANDARD). COMPONENTS YES NO NA REMARKS The detainees are provided: • Barbering services; • Recreation privileges in accordance with the “Detainee Recreation" standard; • Non-legal reading material; • Religious material; • The same correspondence privileges as detainees in the general population; • Telephone access similar to that of the general population; and • Personal legal material. A health care professional visits every detainee at least three In addition to the twice per day medication times a week. pass schedule, medical staff typically make welfare rounds one additional time each day. • The shift supervisor visits each detainee daily. They also speak with staff to ensure no • Weekends and holidays. medically-related issues or concerns are unresolved. Procedures comply with the “Visitation" standard. When safety concerns exist, visitations are • The detainee retains visiting privileges; and facilitated with the assistance of the detainee's counselor to ensure safety and • The visiting room is available during normal visiting security is maintained. hours. Visits from clergy are allowed. Clergy visits are available and permitted upon request. Detainees have the same law-library access as the general Time slots are made available for detainees in population. administrative segregation to have access to • Are they required to use the law library Separately, the law library. In addition, legal materials or are brought to the detainee's cell when a As a group? request is submitted. • Are legal materials brought to them? The SMU maintains a permanent log of detainee-related activity, e.g., meals served, recreation, visitors etc. SPC procedures include completing the SMU Housing Record The section of this component that requires (I-888) immediately upon a detainee's placement in the SMU. the use of the "SMU Housing Record" (I888) immediately upon a detainee's • Staff completes the form at the end of each shift. placement in the SMU and for staff to • CDFs and IGSA facilities use Form I-888 (or local complete the form at the end of each shift is equivalent). specific to SPCs and CDFs. An equivalent facility form is used to immediately document a detainee's placement in administrative segregation. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 73 of 88 2012FOIA3030.011163 SPECIAL MANAGEMENT UNIT (SMU) (ADMINISTRATIVE SEGREGATION) POLICY: THE SPECIAL MANAGEMENT UNIT REQUIRED IN EVERY FACILITY ISOLATES CERTAIN DETAINEES FROM THE GENERAL POPULATION. THE SPECIAL MANAGEMENT UNIT WILL CONSIST OF TWO SECTIONS. ONE, ADMINISTRATIVE SEGREGATION, HOUSES DETAINEES ISOLATED FOR THEIR OWN PROTECTION; THE OTHER FOR DETAINEES BEING DISCIPLINED FOR WRONGDOING (SEE THE “SPECIAL MANAGEMENT UNIT [DISCIPLINARY SEGREGATION]” STANDARD). COMPONENTS YES NO NA REMARKS Staff record whether the detainee ate, showered, exercised, and This component is only applicable for SPCs took any applicable medication during every shift. and CDFs. All bulleted elements of this component are completed by housing staff • Staff logs record all pertinent information, e.g., a assigned to the administrative segregation medical condition, suicidal/assaultive behavior, etc; unit through the use of written logs. Detainee • The medical officer/health care professional signs each activities are individually logged and individual's record during each visit; and recorded by housing staff on a continual • The housing officer initials the record when all detainee basis. A code system has been developed for services are completed or at the end of the shift. noting whether the detainee ate, showered, exercised, took medication, etc. Additional pertinent information about medical condition, suicidal/assaultive behavior, etc. is also recorded. Medical professionals sign the log during each visit. At the end of each shift or when detainee services are completed, the housing officer initials the record. A new record is created for each week the detainee is in This component is only applicable for SPCs Administrative Segregation. and CDFs. A new record is created for each week the detainee is in administrative • The weekly records are retained in the SMU until the segregation. These records are kept in the detainee's return to the general population. SMU unit until the detainee's return to general population housing. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: Administrative segregation cells for males are in a specially designated area of the facility. Female administrative segregation cells are located in a separate area from males. The design includes cell doors requiring an officer to manually lock/unlock. Food tray slots are padlocked closed. During meals, tray slots are unlocked and remain unlocked until trays are returned. Some retrofitting has been completed in order to achieve this door design. A wall corridor containing see through observation panels runs parallel to the row of cells. A shower is at the end of the cell row. Some cells are designed as single cells; some are double bunked. Officer logs were reviewed and noted daily detainee activities, as well as the code system used to describe the behavioral nature of the detainees being housed. b6, b7c / October 20, 2011 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 74 of 88 2012FOIA3030.011164 SPECIAL MANAGEMENT UNIT (DISCIPLINARY SEGREGATION) POLICY: EACH FACILITY WILL ESTABLISH A SPECIAL MANAGEMENT UNIT IN WHICH TO ISOLATE CERTAIN DETAINEES FROM THE GENERAL POPULATION. THE SPECIAL MANAGEMENT UNIT WILL HAVE TWO SECTIONS, ONE FOR DETAINEES IN ADMINISTRATIVE SEGREGATION; THE OTHER FOR DETAINEES BEING SEGREGATED FOR DISCIPLINARY REASONS. COMPONENTS YES NO NA REMARKS Officers placing detainees in disciplinary segregation follow Written procedures are included in the written procedures. facility's Procedures Manual. The sanctions for violations committed during one incident are limited to 60 days. A completed Disciplinary Segregation Order accompanies the detainee into the SMU. • The detainee receives a copy of the order within 24 hours of placement in disciplinary segregation. Standard procedures include reviewing the cases of individual The section of the component that requires detainees housed in disciplinary detention at set intervals. for detainees to receive a copy of the decision and supporting reasons after each formal • After each formal review, the detainee receives a written review is specific to SPCs and CDFs. A copy of the decision and supporting reasons. procedure is in place to include a process for reviewing the cases of individual detainees housed in disciplinary detention at set intervals. The details of this process are included in facility policy. Detainees are provided a written copy of review decisions and supporting reasons. The conditions of confinement in the SMU are proportional to the amount of control necessary to protect detainees and staff. Detainees in disciplinary segregation have fewer privileges than those housed in administrative segregation. Living conditions in disciplinary SMUs remain the same regardless of behavior. • If no, does staff prepare written documentation for this action? • Does the OIC sign to indicate approval. Every detainee in disciplinary segregation receives the same humane treatment, regardless of offense. The quarters used for segregation are: • Well-ventilated. • Adequately lighted. • Appropriately heated. • Maintained in a sanitary condition. All cells are equipped with beds that are securely fastened to the floor or wall of the cell. The number of detainees confined to each cell or room is limited to the number for which the space was designate. • Does the OIC approve excess occupancy on a temporary basis? There appear to be a sufficient number of cells to house detainees in disciplinary segregation status. Empty cells were observed during the inspection. In the unlikely event excess occupancy is needed, the Deputy Wardens or Warden would approve this practice on a temporary basis. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 75 of 88 2012FOIA3030.011165 SPECIAL MANAGEMENT UNIT (DISCIPLINARY SEGREGATION) POLICY: EACH FACILITY WILL ESTABLISH A SPECIAL MANAGEMENT UNIT IN WHICH TO ISOLATE CERTAIN DETAINEES FROM THE GENERAL POPULATION. THE SPECIAL MANAGEMENT UNIT WILL HAVE TWO SECTIONS, ONE FOR DETAINEES IN ADMINISTRATIVE SEGREGATION; THE OTHER FOR DETAINEES BEING SEGREGATED FOR DISCIPLINARY REASONS. COMPONENTS YES NO NA REMARKS When a detainee is segregated without clothing, mattress, Under the circumstances described in the blanket, or pillow (in a dry cell setting), a justification is made component, a full justification is needed to and the decision is reviewed each shift. Items are returned as remove such property from the cell. Constant soon as it is safe. supervision may be required by staff of the detainee in this instance. As soon as deemed safe, these items are reintroduced back to the detainee. Detainees in the SMU have the same opportunities to exchange clothing, bedding, etc., as other detainees. Detainees in the SMU receive three nutritious meals per day, selected from the Food Service's menu of the day. • Food is not used as punishment. Detainees are allowed to maintain a normal level of personal Showers are located in the immediate hygiene, including the opportunity to shower and shave at least proximity of cells. three times/week. Detainees receive, unless documented as a threat to security: • Barbering services; • Recreation privileges; • Other-than-legal reading material; • Religious material; • The same correspondence privileges as other detainees; and • Personal legal material. When phone access is limited by number or type of calls, the following areas are exempt: All bulleted elements of this component are • Calls about the detainee's immigration case or other being completed. Furthermore, the detainee's legal matters; counselor is permitted to facilitate justifiable phone calls in the counselor's office and at • Calls to consular/embassy officials; and facility expense. • Calls during family emergencies (as determined by the OIC/Warden). A health care professional visits every detainee in disciplinary In addition to the twice per day medication segregation every week day. pass, medical professionals make daily • The shift supervisor visits each segregated detainee welfare rounds and communicate with staff to daily ensure any medical issues and concerns are not left unresolved. • Weekends and holidays. SMU detainees are allowed visitors, in accordance with the "Visitation" standard. SMU detainees receive legal visits, as provided in the "Visitation” standard. • Legal service providers are notified of security concerns arising before a visit. Visits from clergy are allowed. • The clergy member is given the option of visiting/not visiting the segregated detainee. • Violent/uncooperative detainees are denied access to religious services when safety and security would otherwise be affected. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 76 of 88 2012FOIA3030.011166 SPECIAL MANAGEMENT UNIT (DISCIPLINARY SEGREGATION) POLICY: EACH FACILITY WILL ESTABLISH A SPECIAL MANAGEMENT UNIT IN WHICH TO ISOLATE CERTAIN DETAINEES FROM THE GENERAL POPULATION. THE SPECIAL MANAGEMENT UNIT WILL HAVE TWO SECTIONS, ONE FOR DETAINEES IN ADMINISTRATIVE SEGREGATION; THE OTHER FOR DETAINEES BEING SEGREGATED FOR DISCIPLINARY REASONS. COMPONENTS YES NO NA REMARKS SMU detainees have law library access. • Violent/uncooperative detainees retain access to the law library unless adjudicated a security threat in writing. • Legal material brought to individuals in the SMU on a case-by-case basis. • Staff documents every incident of denied access to the law library. All detainee-related activities are documented, e.g. meals served, In addition to the documentation of all recreation activities, visitors, etc. detainee-related activities, codes indicate behavioral issues and concerned as needed. The SPCs, the Special Management Housing Unit Record (IThe section of the component that requires 888or equivalent), is prepared as soon as the detainee is placed staff to prepare the Special Management in the SMU. Housing Unit Record (I-888 or equivalent) as soon as the detainee is placed in the SMU • All I-888s are filled out by the end of each shift. and that completion of the form is by the end • The CDF/IGSA facility use Form. of each shift is specific to SPCs and CDFs. • I-888 (or equivalent local form). An equivalent facility form is used to immediately document a detainee's placement in disciplinary segregation. SMU staff record whether the detainee ate, showered, exercised, took medication, etc. • Details about the detainee logged, e.g., a medical This component is only applicable for SPCs condition, suicidal/violent behavior, etc. and CDFs. All bulleted elements of this • The health care official sign individual records after component are being completed. This each visit. includes signed logs by appropriate staff • The housing officer initials the record when all detainee making contact or observation in logs/records services are completed or at the end of the shift. which are reviewed and retained in the work • A new record is created weekly for each detainee in the area until the detainee leaves the SMU. SMU. • The SMU retains these records until the detainee leaves the SMU. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: Disciplinary segregation cells for males are in a specially designated area of the facility. Female disciplinary segregation cells are located in a separate area from males. Staff makes every attempt to de-escalate a potential incident in a timely manner in order to avoid having an incident rise to the level of a violation of facility rules by detainees. If there are infractions committed by detainees, every attempt is made to use discretion regarding assignment to disciplinary segregation, with the use of intermediate or other sanctions. If this type of housing is necessary, detainees are notified of charges and provided due process, which is dictated by written policy and procedure. The disciplinary segregation areas for both males and females were observed. Logs were reviewed and post-orders were requested of staff. All documents were up-to-date and appeared to otherwise be in order. October 20, 2011 b6, b7c AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 77 of 88 2012FOIA3030.011167 TOOL CONTROL POLICY: IT IS THE POLICY OF ALL FACILITIES THAT ALL EMPLOYEES SHALL BE RESPONSIBLE FOR COMPLYING WITH THE TOOL CONTROL POLICY. THE MAINTENANCE SUPERVISOR SHALL MAINTAIN A COMPUTER GENERATED OR TYPEWRITTEN MASTER INVENTORY LIST OF TOOLS AND EQUIPMENT AND THE LOCATION IN WHICH TOOLS ARE STORED. THESE INVENTORIES SHALL BE CURRENT, FILED AND READILY AVAILABLE FOR TOOL INVENTORY AND ACCOUNTABILITY DURING AN AUDIT. COMPONENTS YES NO NA REMARKS There is an individual who is responsible for developing a tool The Facilities Manager is responsible for control procedure and an inspection system to insure developing a tool control procedure and an accountability. inspection system to insure accountability. Department heads are responsible for implementing this standard This component is only applicable for SPCs in their departments. and CDFs. Department heads are responsible for implementing the tool control standard for their departments. Tool inventories are required for the: • Maintenance Department; Tool inventories are maintained for all the • Medial Department; bulleted areas of this component except the • Food Service Department; Electronics Shop. There is no Electronics • Electronics Shop; Shop at this facility. • Recreation Department; and • Armory. The facility has a policy for the regular inventory of all tools. • The policy sets minimum time lines for physical inventory and all necessary documentation. • ICE facilities use AMIS bar code labels when required. The facility has a tool classification system. Tools are classified The section of the component that requires according to: tools to be classified as restricted and nonrestricted is specific to SPCs and CDFs. This • Restricted (dangerous/hazardous); and facility has a tool control system. All tools • Non-Restricted (non-hazardous). are classified restricted, with any tool considered and managed in the most restricted and secure manner. Department heads are responsible for implementing tool-control This component is only applicable for SPCs procedures. and CDFs. Department heads are responsible for implementing tool control procedures. The facility has policies and procedures in place to ensure that all tools are marked and readily identifiable. The facility has an approved tool storage system. Rolling tool carts contain shadowed • The system ensures that all stored tools are containers for tools and perpetual inventory accountable. sheets of tools being used. Large tools that • Commonly used tools (tools that can be mounted) can be mounted are done so, etched, labeled are stored in such a way that missing tool is readily and correspond to perpetual inventory sheets. notice. Each facility has procedures for the issuance of tools to staff and Detainees are rarely, if ever, issued tools. detainees. The facility has policies and procedures to address the issue of lost tools. The policy and procedures include: • Verbal and written notification; • Procedures for detainee access; and • Necessary documentation/review for all incidents of lost tools. Broken or worn out tools are surveyed and disposed of in an appropriate and secure manner. All private or contract repairs and maintenance workers under contract to ICE, or other visitors, submit an inventory of all tools prior to admittance into or departure from the facility. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 78 of 88 2012FOIA3030.011168 TOOL CONTROL POLICY: IT IS THE POLICY OF ALL FACILITIES THAT ALL EMPLOYEES SHALL BE RESPONSIBLE FOR COMPLYING WITH THE TOOL CONTROL POLICY. THE MAINTENANCE SUPERVISOR SHALL MAINTAIN A COMPUTER GENERATED OR TYPEWRITTEN MASTER INVENTORY LIST OF TOOLS AND EQUIPMENT AND THE LOCATION IN WHICH TOOLS ARE STORED. THESE INVENTORIES SHALL BE CURRENT, FILED AND READILY AVAILABLE FOR TOOL INVENTORY AND ACCOUNTABILITY DURING AN AUDIT. COMPONENTS YES NO NA REMARKS ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: Tool Control is the responsibility of the Facilities Manager and individual department heads. Individual maintenance workers are issued a rolling/cart tool box. All tools are inventoried on these carts and reconciled at the beginning and end of each shift. In addition, a perpetual inventory is maintained as maintenance workers move about the facility making various repairs. A large shadow board is mounted in the maintenance shop, a work space which also contains large equipment, ladders, etc. The shadow board appears to be well organized and in keeping with the facility's policy noted above. The maintenance shop is considered an out-of-bounds area for detainees and a sally port is between the hall and maintenance shop. The door is controlled by the Control Center. Female detainees approved to be a part of the laundry mending work program are issued necessary sewing tools in the unit and supervised by staff. Strict guidelines are in place to ensure all tools associated with the job are accounted for. A volunteer organization has been approved to bring craft items into the facility for use by female detainees. These items, including plastic, round-tipped scissors are inventoried in and out of the facility on each occasion volunteers are present. Medical tools are well organized and counted during each shift by two staff. Sharps are disposed of appropriately. Inventory items are counted and records are reflected accordingly. The Recreation Officer maintains a basketball pump and needle in his office, in a secure cabinet. No other staff member or detainee has access to the equipment. Food service tools appear to be well controlled and inventoried. / October 20, 2011 b6, b7c AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 79 of 88 2012FOIA3030.011169 TRANSPORTATION (LAND TRANSPORTATION) POLICY: THE IMMIGRATION AND NATURALIZATION SERVICE WILL TAKE ALL NECESSARY PRECAUTIONS TO PROTECT THE LIVES, SAFETY, AND WELFARE OF OUR OFFICERS, THE GENERAL PUBLIC, AND THOSE IN ICE CUSTODY DURING THE TRANSPORTATION OF DETAINEES. STANDARDS HAVE BEEN ESTABLISHED FOR PROFESSIONAL TRANSPORTATION UNDER THE SUPERVISION OF EXPERIENCED AND TRAINED DETENTION ENFORCEMENT OFFICERS OR AUTHORIZED CONTRACT PERSONNEL. 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. COMPONENTS YES NO NA REMARKS Transporting officers comply with applicable local, state, and federal motor vehicle laws and regulations. Records support this finding of compliance. Every transporting officer required to drive a commercial size bus has a valid Commercial Driver's License (CDL) issued by the state of employment. Supervisors maintain records for each vehicle operator. These records are on file with ICE staff who contract with the facility to loan drivers for land transportation of ICE detainees if needed. Officers use a checklist during every vehicle inspection. • Officers report deficiencies affecting operability; and • Deficiencies are corrected before the vehicle goes back into service. Transporting officers: • Limit driving time to 10 hours in any 15 hour period; • 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 and safe to reach a safe area−exceeding the 10-hour limit. All bulleted areas of this component are included in Armed Transport Post Orders. b7e Before the start of each detail, the vehicle is thoroughly searched. Positive identification of all detainees being transported is confirmed. All detainees are searched immediately prior to boarding the vehicle by staff controlling the bus or vehicle. The facility ensures that the number of detainees transported does not exceed the vehicles manufacturer’s occupancy level. b7e FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 80 of 88 2012FOIA3030.011170 TRANSPORTATION (LAND TRANSPORTATION) POLICY: THE IMMIGRATION AND NATURALIZATION SERVICE WILL TAKE ALL NECESSARY PRECAUTIONS TO PROTECT THE LIVES, SAFETY, AND WELFARE OF OUR OFFICERS, THE GENERAL PUBLIC, AND THOSE IN ICE CUSTODY DURING THE TRANSPORTATION OF DETAINEES. STANDARDS HAVE BEEN ESTABLISHED FOR PROFESSIONAL TRANSPORTATION UNDER THE SUPERVISION OF EXPERIENCED AND TRAINED DETENTION ENFORCEMENT OFFICERS OR AUTHORIZED CONTRACT PERSONNEL. 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. COMPONENTS YES NO NA REMARKS 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. Policies and procedures are in place addressing the use of restraining equipment on transportation vehicles. The facility’s Procedures Manual contains language addressing the use of restraining equipment on transportation vehicles. This information is also contained in the Armed Transport Post Orders. b7e Meals are provided during long distance transfers. • The meals meet the minimum dietary standards, as identified by dieticians utilized by ICE. The food service department provides sack lunches, water, juices, etc. for use in the transportation of detainees as needed for long distance transfers. These meals meet the minimum dietary standards as identified by dieticians utilized by ICE. The vehicle crew inspects all Food Service pickups 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 The vehicles are clean and sanitary at all times. Personal property of a detainee transferring to another facility is: • Inventoried; • Inspected; and • Accompanies the detainee. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 81 of 88 2012FOIA3030.011171 TRANSPORTATION (LAND TRANSPORTATION) POLICY: THE IMMIGRATION AND NATURALIZATION SERVICE WILL TAKE ALL NECESSARY PRECAUTIONS TO PROTECT THE LIVES, SAFETY, AND WELFARE OF OUR OFFICERS, THE GENERAL PUBLIC, AND THOSE IN ICE CUSTODY DURING THE TRANSPORTATION OF DETAINEES. STANDARDS HAVE BEEN ESTABLISHED FOR PROFESSIONAL TRANSPORTATION UNDER THE SUPERVISION OF EXPERIENCED AND TRAINED DETENTION ENFORCEMENT OFFICERS OR AUTHORIZED CONTRACT PERSONNEL. 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. COMPONENTS YES NO NA REMARKS 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 includes women or minors ACCEPTABLE DEFICIENT All bulleted elements of this component are included in the Armed Transport Post Orders. Specialized training is provided to staff, as needed, to maintain a cadre of available transport officers. AT-RISK REPEAT FINDING REMARKS: ICE contracts with the facility for the transport of ICE detainees for instances other than non-medical emergency escorted trips. Trained transport officers have Commercial Driver's Licenses (CDL). CDL licensure information is managed and kept on file by ICE staff. Cell phones for these types of transports are provided by ICE staff. Monthly billings are reconciled to ensure accuracy in record keeping. The facility's Armed Transport Post Orders are the acceptable protocol for this duty. / October 20, 2011 b6, b7c AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 82 of 88 2012FOIA3030.011172 USE OF FORCE POLICY: THE U.S. DEPARTMENT OF HOMELAND SECURITY AUTHORIZES THE USE OF FORCE ONLY AS A LAST ALTERNATIVE AFTER ALL OTHER REASONABLE EFFORTS TO RESOLVE A SITUATION HAVE FAILED. ONLY THAT AMOUNT OF FORCE NECESSARY TO GAIN CONTROL OF THE DETAINEE, TO PROTECT AND ENSURE THE SAFETY OF DETAINEES, STAFF AND OTHERS, TO PREVENT SERIOUS PROPERTY DAMAGE AND TO ENSURE INSTITUTION SECURITY AND GOOD ORDER MAY BE USED. PHYSICAL RESTRAINTS NECESSARY TO GAIN CONTROL OF A DETAINEE WHO APPEARS TO BE DANGEROUS MAY BE EMPLOYED WHEN THE DETAINEE: COMPONENTS YES NO NA REMARKS Written policy authorizes staff to respond in an immediate-useUse of Force protocol is addressed in the of-force situation without a supervisor’s presence or direction. facility's Procedures Manual When the detainee is in an area that is or can be isolated (e.g., a The policy emphasizes the staff's locked cell, a range), posing no direct threat to the detainee or responsibility to use the least amount of force others, officers must try to resolve the situation without resorting reasonably necessary to achieve the to force. authorized purpose and to cease, once control is achieved. Written policy asserts that calculated rather than immediate use of force is feasible in most cases. The facility subscribes to the prescribed Confrontation Avoidance Procedures. • Ranking detention official, health professional, and others confer before every calculated use of force. When a detainee must be forcibly moved and/or restrained, and there is time for a calculated use of force, staff uses the Use-ofForce Team Technique. • Under staff supervision. Staff members are trained in the performance of the Use-ofForce Team Technique. All use-of-force incidents are documented and reviewed. Staff: • Do not use force as punishment; • Attempt to gain the detainee's voluntary cooperation before resorting to force; • Use only as much force as necessary to control the detainee; and • Use restraints only when other non-confrontational means, including verbal persuasion, have failed or are impractical. Medication may only be used for restraint purposes when authorized by the Medical Authority as medically necessary. Use-of-Force Team follows written procedures that attempt to prevent injury and exposure to communicable disease(s). Every attempt is made to gain compliance from a detainee through various verbal means, prior to initiating a calculated use of force and authorizing the use of a trained team. Appropriate staff and officials confer prior to every calculated use of force incident. A team is represented on each shift to ensure that, in the event the situation is justified, a fully authorized and trained team is available for response. All the bulleted elements of this component are found in the facility's policy regarding use of force. Universal precautions are used at all times. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 83 of 88 2012FOIA3030.011173 USE OF FORCE POLICY: THE U.S. DEPARTMENT OF HOMELAND SECURITY AUTHORIZES THE USE OF FORCE ONLY AS A LAST ALTERNATIVE AFTER ALL OTHER REASONABLE EFFORTS TO RESOLVE A SITUATION HAVE FAILED. ONLY THAT AMOUNT OF FORCE NECESSARY TO GAIN CONTROL OF THE DETAINEE, TO PROTECT AND ENSURE THE SAFETY OF DETAINEES, STAFF AND OTHERS, TO PREVENT SERIOUS PROPERTY DAMAGE AND TO ENSURE INSTITUTION SECURITY AND GOOD ORDER MAY BE USED. PHYSICAL RESTRAINTS NECESSARY TO GAIN CONTROL OF A DETAINEE WHO APPEARS TO BE DANGEROUS MAY BE EMPLOYED WHEN THE DETAINEE: COMPONENTS YES NO NA REMARKS b7e The shift supervisor monitors the detainee's position/condition every two hours. • He/she allows the detainee to use the rest room at these times under safeguards. All detainee checks are logged. In immediate-use-of-force situations, staff contacts medical staff once the detainee is under control. When the OIC 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. Special precautions are taken when restraining pregnant detainees. • Medical personnel are consulted Protective gear is worn when restraining detainees with open cuts or wounds. Staff documents every use of force and/or non-routine application of restraints. It is standard practice to review any use of force and the nonroutine application of restraints. All officers receive training in self-defense, confrontationavoidance techniques and the use of force to control detainees. • Specialized training is given and Officers are certified in all devices they use. This contact is also facilitated through the notification to the Shift Supervisor. Universal precautions are used by staff at all times. The documentation of use of force incidents is in keeping with the approved use of force continuum. These reports are submitted during the same shift as the incident occurs. These reports are reviewed by Shift Supervisors, Deputy Wardens and the Warden. Pressure Point Control Tactics (PPCT) is the self-defense program used by officers in this facility. Every attempt is made to de-escalate the situation using confrontation avoidance techniques. This training is received and practiced by staff in training provided to new employees and through annual refresher training. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 84 of 88 2012FOIA3030.011174 USE OF FORCE POLICY: THE U.S. DEPARTMENT OF HOMELAND SECURITY AUTHORIZES THE USE OF FORCE ONLY AS A LAST ALTERNATIVE AFTER ALL OTHER REASONABLE EFFORTS TO RESOLVE A SITUATION HAVE FAILED. ONLY THAT AMOUNT OF FORCE NECESSARY TO GAIN CONTROL OF THE DETAINEE, TO PROTECT AND ENSURE THE SAFETY OF DETAINEES, STAFF AND OTHERS, TO PREVENT SERIOUS PROPERTY DAMAGE AND TO ENSURE INSTITUTION SECURITY AND GOOD ORDER MAY BE USED. PHYSICAL RESTRAINTS NECESSARY TO GAIN CONTROL OF A DETAINEE WHO APPEARS TO BE DANGEROUS MAY BE EMPLOYED WHEN THE DETAINEE: COMPONENTS YES NO NA REMARKS In SPCs, is the Use of Force form is used? In other facilities The requirement to use the "Use of Force (IGSAs / CDFs) is this form or its equivalent used? form” is specific to SPCs. Local equivalent forms are used to document use of force incidents. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: During the 2010 review, the facility was found to be using a hard system of restraints when applying four point restraints to detainees, due to what was believed to be a lack of success in using soft restraints in the past. This issue was noted in the 2010 ICE Uniform Corrective Action Plan. During this year's 2011 inspection, the administration indicates there has been no change in this policy. The history and experience of soft restraint systems for this facility is believed to be unsuccessful and the hard restraint system continues in use. The restraint of pregnant detainees is addressed in multiple policy locations and post orders, including transportation post orders. Oleoresin Capsicum (OC) is the only authorized chemical agent used at this facility. Facility policy does not prohibit the use of OC on ICE detainees. A review of policy, training records, and incident reports indicated that choke holds and/or carotid holds are not taught or authorized at this facility. / October 20, 2011 b6, b7c AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 85 of 88 2012FOIA3030.011175 STAFF DETAINEE COMMUNICATIONS POLICY: PROCEDURES MUST BE IN PLACE TO ALLOW FOR FORMAL AND INFORMAL CONTACT BETWEEN KEY FACILITY STAFF AND ICE STAFF AND ICE DETAINEE AND TO PERMIT DETAINEES TO MAKE WRITTEN REQUESTS TO ICE STAFF AND RECEIVE AN ANSWER IN AN ACCEPTABLE TIME FRAME. COMPONENTS YES NO NA REMARKS The ICE Field Office Director ensures that weekly announced The section of this component that requires and unannounced visits occur at the IGSA. weekly announced and unannounced visits is specific to SPCs and CDFs. ICE staff is on site; they conduct regular, as well as unannounced, visits to the units housing ICE detainees. Detention and Deportation Staff conduct scheduled weekly visits These visits are scheduled for Tuesdays and with detainees held in the IGSA. Wednesdays. The schedules are posted in the units. Scheduled visits are posted in ICE detainee areas. These visits are scheduled for Tuesdays and Wednesdays. The schedules are posted in the units. Visiting staff observe and note current climate and conditions of ICE staff is required to complete a Facility confinement at each IGSA. Liaison Visit Checklist which is a record of conditions at the facility. ICE information request Forms are available at the IGSA for use by ICE detainees. The IGSA treats detainee correspondence to ICE staff as Special Correspondence. ICE staff responds to a detainee request from an IGSA within 72 A review of the log of Information Requests hours. indicated that responses are being provided within the required time frames. ICE detainees are notified in writing upon admission to the facility of their right to correspond with ICE staff regarding their case or conditions of confinement. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: Review of documentation and interviews with staff and detainees were used to determine compliance. The facility has procedures in place to allow for informal and formal contact between facility staff, ICE staff and ICE detainees. A review of the log revealed there were 1,116 detainee requests during the month of September 2011. Detainees received responses to their requests within the allotted time frames. b6 b7c / October 20, 2011 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 86 of 88 2012FOIA3030.011176 DETAINEE TRANSFER STANDARD POLICY: ICE WILL MAKE ALL NECESSARY NOTIFICATIONS WHEN A DETAINEE IS TRANSFERRED. IF A DETAINEE IS BEING TRANSFERRED VIA THE JUSTICE PRISONER ALIEN TRANSPORTATION SYSTEM (JPATS), ICE WILL ADHERE TO JPATS PROTOCOLS. IN DECIDING WHETHER TO TRANSFER A DETAINEE, ICE WILL TAKE INTO CONSIDERATION WHETHER THE DETAINEE IS REPRESENTED BEFORE THE IMMIGRATION COURT. IN SUCH CASES, THE FIELD OFFICE DIRECTOR WILL CONSIDER THE DETAINEE’S STAGE WITHIN THE REMOVAL PROCESS, WHETHER THE DETAINEE’S ATTORNEY IS LOCATED WITHIN REASONABLE DRIVING DISTANCE OF THE FACILITY, AND WHERE THE IMMIGRATION COURT PROCEEDINGS ARE TAKING PLACE. COMPONENTS YES NO NA REMARKS When a detainee is represented by legal counsel or a legal representative, and a G-28 has been filed, the representative of ICE staff assigned to this facility is record is notified by the detainee’s Deportation Officer. responsible to make appropriate notifications. • The notification is recorded in the detainee’s file; and Notifications are recorded in the detainee's file. • When the A File is not available, notification is noted within DACS Notification includes the reason for the transfer and the location of the new facility. The deportation officer is allowed discretion regarding the timing of the notification when extenuating circumstances are involved. The attorney and detainee are notified that it is their responsibility to notify family members regarding a transfer. Facility policy mandates that: ICE Immigration Enforcement Agents notify detainees when they are being transferred. • Times and transfer plans are never discussed with the ICE staff adheres to the transfer standard detainee prior to transfer; when preparing detainees for transfer. • The detainee is not notified of the transfer until Detainees are moved to a staging area immediately prior to departing the facility; and immediately prior to transfer and only then • The detainee is not permitted to make any phone calls informed of the move. Detainees are not or have contact with any detainee in the general allowed to make phone calls prior to the population. transfer. The detainee is provided with a completed Detainee Transfer Notification Form. Form G-391 or equivalent authorizing the removal of a detainee The facility is provided with a Form I-203 to from a facility is used. authorize removal from the facility. For medical transfers: • The Detainee Immigration Health Service (or IGSA) (DIHS) Medical Director or designee approves the transfer; • Medical transfers are coordinated through the local ICE office; and • A medical transfer summary is completed and accompanies the detainee. Detainees in ICE facilities having DIHS staff and medical care 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. For medical transfers, transporting officers receive instructions regarding medical issues. Detainee’s funds, valuables, and property are returned and Detainees are provided with their funds. transferred with the detainee to his/her new location. Their property and valuables are inventoried in their presence prior to the transfer and are transported with them. Transfer and documentary procedures outlined in Section C and D are followed. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 87 of 88 2012FOIA3030.011177 DETAINEE TRANSFER STANDARD POLICY: ICE WILL MAKE ALL NECESSARY NOTIFICATIONS WHEN A DETAINEE IS TRANSFERRED. IF A DETAINEE IS BEING TRANSFERRED VIA THE JUSTICE PRISONER ALIEN TRANSPORTATION SYSTEM (JPATS), ICE WILL ADHERE TO JPATS PROTOCOLS. IN DECIDING WHETHER TO TRANSFER A DETAINEE, ICE WILL TAKE INTO CONSIDERATION WHETHER THE DETAINEE IS REPRESENTED BEFORE THE IMMIGRATION COURT. IN SUCH CASES, THE FIELD OFFICE DIRECTOR WILL CONSIDER THE DETAINEE’S STAGE WITHIN THE REMOVAL PROCESS, WHETHER THE DETAINEE’S ATTORNEY IS LOCATED WITHIN REASONABLE DRIVING DISTANCE OF THE FACILITY, AND WHERE THE IMMIGRATION COURT PROCEEDINGS ARE TAKING PLACE. COMPONENTS YES NO NA REMARKS Meals are provided when transfers occur during normally Meals are provided to detainees if they are to schedule meal times. be transferred during normally scheduled meal times. An A File or work folder accompanies the detainee when transferred to a different field office or sub-office. Files are forwarded to the receiving office via overnight mail no later than one business day following the transfer. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: Based upon a review of documentation and interviews with staff, it was determined that the process to transfer detainees from this facility is consistent with the requirements of the detention standard. b6 b7c / October 20, 2011 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 88 of 88 2012FOIA3030.011178 601 13th Street, NW Suite 650 North Washington, DC 20005 202/824-0725 (T) 202/824-0728 (F) www.MGTofAmerica.com October 23, 2011 MEMORANDUM FOR: FROM: Gary E. Mead Executive Associate Director: Office of Enforcement and Removal Operations b6 b7c Lead Compliance Inspector SUBJECT: York County Prison Annual Detention Review MGT of America, Inc. performed an annual inspection for compliance with the Immigration and Customs Enforcement (ICE) National Detention Standards (NDS) at the York County Prison (YCP) located in York, Pennsylvania during the period of October 18-20, 2011. This facility has an Intergovernmental Service Agreement (IGSA). The annual inspection was performed under the guidance of Inspector (LCI). Team members were: Subject Matter Field Security Medical Care Food Service Environmental Health and Safety b6 b7c , Lead Compliance Team Member b6, b7c b6, b7c b6, b7c Type of Review This review was a scheduled annual inspection, which was performed to determine overall compliance with the ICE NDS for Over 72-hour facilities. The facility received a previous rating of “Acceptable” during the November 2010 inspection. Review Summary The facility is not accredited by the American Correctional Association (ACA), or the Joint Commission (TJC) formerly (JCAHO). The facility is accredited by the National Commission on Correctional Health Care (NCCHC). FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.011179 Page 2 Standards Compliance The following information is a summary of the standards reviewed and overall compliance as a result of the 2009 and 2010 NDS annual inspections. 2010 Inspection Compliant Deficient At-Risk Repeat Deficiency Not Applicable 35 0 0 1 2 2011Inspection Compliant Deficient At-Risk Repeat Deficiency Not Applicable 37 0 0 0 1 LCI Issues and Concerns No standards were found to be deficient during this inspection. Recommended Rating and Justification The LCI recommends the facility receive a rating of “Acceptable.” The recommendation is based upon the finding that all 37 applicable standards were found to be compliant; one standard was not applicable. 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: b6, b7c b6, b7c Warden;b6, b7c Deputy Warden of Treatment; b6 b7c b6, b7c Deputy b6, b7c Deputy Warden of Operations; b6, b7c Warden of Security; ICE Assistant Field Office Director; ICE Assistant b6, b7c b6, b7c Field Office Director; ICE Supervisory Detention and Deportation Officer; and b6, b7c b6, b7c b6, b7c ICE Detention Services Manager. b6 b7c Printed Name/Title LCI, MGT October 23, 2011 Date Signature: _________________________________________ FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.011180 Department Of Homeland Security Immigration and Customs Enforcement Detention Facility Inspection Form Facilities Used Over 72 hours A. Type of Facility Reviewed ICE Service Processing Center ICE Contract Detention Facility ICE Intergovernmental Service Agreement G. Accreditation Certificates List all State or National Accreditation[s] received: National Commission on Correctional Health Care Check box if facility has no accreditation[s] B. Current Inspection Type of Inspection Field Office H. Problems / Complaints (Copies must be attached) The Facility is under Court Order or Class Action Finding Court Order Class Action Order The Facility has Significant Litigation Pending Major Litigation Life/Safety Issues Check if None. HQ Inspection Date[s] of Facility Review October 18-20, 2011 C. Previous/Most Recent Facility Review Date[s] of Last Facility Review November 2-4, 2010 Previous Rating Superior Good Acceptable Deficient At-Risk D. Name and Location of Facility Name York County Prison Address (Street and Name) 3401 Concord Road City, State and Zip Code York, Pennsylvania 17402 County York Name and Title of Chief Executive Officer (Warden/OIC/Supt.) b6, b7c Warden Telephone # (Include Area Code) (717) 840-b6, b7c Field Office / Sub-Office (List Office with oversight responsibilities) Philadelphia Distance from Field Office 90 miles E. ICE Information Name of LCI (Last Name, Title and Duty Station) b6, b7c / LCI / MGT of America, Inc. Name of Team Member / Title / Duty Location b6, b7c / CI Medical Care / MGT of America, Inc. Name of Team Member / Title / Duty Location b6, b7c CI-Food & Environmental Health and Safety / MGT of America, Inc. Name of Team Member / Title / Duty Location b6, b7c/ CI-Security / MGT of America, Inc. F. CDF/IGSA Information Only Contract Number Date of Contract or IGSA EROIGSA-11-0007 October 1, 2011 Basic Rates per Man-Day $83.00 Other Charges: (If None, Indicate N/A) Rental space - 32,000 sq. ft. -- $71,255 per month Estimated Man-days Per Year: 292,000 I. Facility History Date Built 1979 Date Last Remodeled or Upgraded 2006 Date New Construction / Bed space Added 1992, 1999, 2006 Future Construction Planned Yes No Date: 11/01/11 Current Bed space Future Bed space (# New Beds only) 2522 Number: 150 Date: 09/01/12 J. Total Facility Population Total Facility Intake for previous 12 months 24,141 Total ICE Man-days for Previous 12 months 300,713 K. Classification Level (ICE SPCs and CDFs Only) L-1 L-2 L-3 Adult Male Adult Female L. Facility Capacity Rated Adult Male 2,235 Adult Female 287 Operational 2,098 266 Emergency 2,335 337 Facility holds Juveniles Offenders 16 and older as Adults M. Average Daily Population ICE Adult Male 794 Adult Female 34 N. Facility Staffing Level Security: 408 full-time; 56 part-time USMS 0 0 Other 1,255 252 Support: 41 full-time; 1 part-time FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Form G-324A SIS (Rev. 7/9/07) 2012FOIA3030.011181 Department Of Homeland Security Immigration and Customs Enforcement Detention Facility Inspection Form Facilities Used Over 72 hours 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 Description Types (Sexual2, Physical, etc.) Assault: Offenders on Offenders1 With Weapon Without Weapon Assault: Detainee on Staff Types (Sexual Physical, etc.) With Weapon Number of Forced Moves, incl. Forced Cell moves3 Disturbances4 Number of Times Chemical Agents Used Number of Times Special Reaction Team Deployed/Used # Times Four/Five Point Restraints applied/used Offender / Detainee Medical Referrals as a result of injuries sustained. Escapes Deaths Psychiatric / Medical Referrals 2 3 4 Number/Reason (M=Medical, V=Violent Behavior, O=Other) Type (C=Chair, B=Bed, BB=Board, O=Other) Attempted Grievances: 1 Without Weapon 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 S/1, P/4 S/1, P/2 S/5, P/5 S/2, P/6 2 1 3 1 3 2 7 7 P P P P 1 0 0 0 6 3 2 3 8 11 22 25 0 0 0 1 5 8 8 5 0 4 5 2 M/2, V/12 M/3, V/15 M/5, V/27 M/8, V/12 C/9, B/5 C/15, B/3 C/23, B/9 C/13, B/7 0 1 7 0 0 0 0 0 0 0 0 0 1,116 920 935 1,093 898 735 614 906 0 A/1, O/1 A/3, V/1 A 0 2 4 2 361 446 409 477 5 0 0 6 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. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Form G-324A SIS (Rev. 7/9/07) 2012FOIA3030.011182 Department Of Homeland Security Immigration and Customs Enforcement Detention Facility Inspection Form Facilities Used Over 72 hours DHS/ICE Detention Standards Review Summary Report 1. Acceptable 2. Deficient Detainee Services 3. At Risk 4. Repeat Finding 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Access to Legal Materials Admission and Release Classification System Correspondence and Other Mail Detainee Handbook Food Service Funds and Personal Property Detainee Grievance Procedures Group Presentation On Legal Rights Issuance of Clothing, Bedding and Towels Marriage Requests Non-Medical Emergency Escorted Trips Recreation Religious Practices Access to Telephones Visitation Voluntary Work Program 18. 19. 20. 21. Hunger Strikes Access to Medical Care Suicide Prevention and Intervention Terminal Illness, Advanced Directives and Death 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. Contraband Detention Files Disciplinary Policy Emergency Plans Environmental Health and Safety Hold Rooms in Detention Facilities Key and Lock Control Population Counts Post Orders Security Inspections Special Management Units (Administrative Segregation) Special Management Units (Disciplinary Segregation) Tool Control Transportation (Land Transportation) Use of Force Staff / Detainee Communication (Added August 2003) Detainee Transfer (Added September 2004) 5.Not Applicable 1. 2. 3. 4. 5. Health Services Security and Control All findings (Deficient and At-Risk) require written comment describing the finding and what is necessary to meet compliance. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Form G-324A SIS (Rev. 7/9/07) 2012FOIA3030.011183 Department Of Homeland Security Immigration and Customs Enforcement Detention Facility Inspection Form Facilities Used Over 72 hours 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. LEAD COMPLIANCE INSPECTOR Lead Compliance Inspector: (Print Name) Signature b6 b7c Title & Duty Location Date Lead Compliance Inspector, MGT of America, Inc. October 23, 2011 TEAM MEMBERS Print Name, Title, & Duty Location CI-Medical Care, b6, b7c Print Name, Title, & Duty Location Print Name, Title, & Duty Location MGT of America, Inc. b6, b7c CI-Security, MGT Print Name, Title, & Duty Location of America, Inc. CI-Environmental Health and Safety & Food b6, b7c b6, b7c Service, MGT of America, Inc. Recommended Rating: Superior Good Acceptable Deficient At-Risk Comments: There have been two non-ICE detainee deaths since the last inspection. The first involved a detainee on work release who was working in a hole. The hole collapsed and the individual died from his injuries. (Suffocation) In the second instance a non-ICE detainee was involved in a fight with another non-ICE detainee in a cell. The individual was later found unconscious in his cell. He was transferred by ambulance to an outside hospital where he was pronounced dead. The matter is currently under investigation by the Pennsylvania State Police. No further information is available. Since the last inspection there have been six attempted suicides. One of the attempted suicides was an ICE detainee. In each instance the detainees attempted to hang themselves in their cells. A review of the reports revealed that staff responded appropriately to the incidents, and proper medical treatment was provided. b7e The data on the SIS indicates there have been nine reported cases of sexual assault since the last inspection. All of these cases consisted of inappropriate touching. Three of the cases involved ICE detainees; the incidents were investigated by the State Police. Two cases were determined to be unfounded, and the third was determined to be consensual. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Form G-324A SIS (Rev. 7/9/07) 2012FOIA3030.011184 MGT A. E. 1 I: A I 601 13?? Street, NW Suite 650 North Washington, DC 20005 Contract I-ISCECR-09-C-00004 ICE National Detention Standards Compliance Review Facility: York County Prison October 18?20, 2011 October 23, 201 1 Inspection Date: Report Date: iff"! I 601 l3?hStreet,NW Suite 650 North Washington,DC 20005 OF AMERICA, INC. 202/824-0728 (F) October 23, 2011 MEMORANDUM FOR: Gary E. Mead Executive Associate Director: Of ftce of Enforceme FROM: SUBJECT: York County Prison Annual Detention Review MGT of America, Inc. performed an annual inspectiOn for compliance with the Immigration and Customs Enforcement (ICE) National Detention Standards at the York County Prison (YCP) located in York, during the period of October 18-20, 201 1. This facility has an Intergovernmental Service Agreement (IGSA). The annual inspection was performed under the guidance of Michael T. Maloney, Lead Compliance InSpector (LCI). Team members were: Sub ect Matter Field A Team Member Securit Medical Care Food Sen/ice Environmental Health and Safet Type of Review This review was a scheduled annual inspection, which was performed to determine overall compliance with the ICE NDS for Over 72-hour facilities. The facility received a previous rating of ?Acceptable? during the November 2010 inspection. Review Summary The facility is not accredited by the American Correctional Association (ACA), or the Joint Commission (TIC) formerly (JCAHO). The facility is accredited by the National Commission on Correctional Health Care E: E: b6, b7c b6, b7c b6, b7c b6, b7c b6, b7c b6, b7c b6, b7c 2012FOIA3030.009037 b6, b7c b6, b7c b6, b7c b6, b7c b6, b7c b6, b7c b6, b7c b6, b7c b6, b7c b6, b7c (b)(7)e 2012FOIA3030.009038 (b)(7)e (b)(7)e (b)(7)e Department Of Homeland Security Immigration and Customs Enforcement Detention Facility Inspection Form Facilities Used Over 72 hours Si nificant Incident Summa Worksheet .?or 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 ofthe ICE and its detained population This form should be ?lled out by the facility prior to the start ofany inSpection. Failure to complete this section will result in a delay in processing this report and the possible reduction or removal detainees at your facility. Incidents Description Jan Mar Apr Jun Jul Sept Oct Assault: Types (Sexualz. PhysicalLetc.) Sf" PM W2 815? W5 8/2? W6 Offenders on 2 I 3 1 Of fendersI With Weapon WithOut WeapOn 3 2 7 7 Assault: Types (Sexual Physical. etc.) Detainee on Staff With Weapon I 0 0 Without Weapon 6 3 2 3 Number of Forced Moves. incl. Forced Cell mavch 8 22 25 Disturbances4 0 0 I Number of Times Chemical Agents Used 5 8 8 5 Number of Times Special Reaction Team 0 4 2 .LepioyedlUsed Number/Reason (M=Medical, ii Times Feur/Five Point V=Vio ent Behavior, O=Other) M/z? VH2 WIS V127 le Restraints appliedfused Type (C=Chair. B=Bed, BB=Boards Cf23, C/l3, Offender/ Detainee Medical Refenals as a regult of 0 7 0 injuries sustained. Escapes Attempted 0 0 Actual 0 0 0 Grievances: Received l,l 16 920 935 l,093 ii Resolved in favor of Of fencler/ Detainee 898 735 6 I 4 906 Deaths Reason (V=Violem, S=Snicide A=Attempted 0 All . A13, A Suicide, 0=Otlier) Number 0 2 4 2 Medical it Medical Cases referred for Referrals Outside Care 3? 446 409 477 Cases referred for Outside Care 5 0 6 Any attempted physical comact or physical contact that involves two or more offenders Oral, anal or vaginal penetration or attempted penetration involving at least 2 parties, whetherit is consenting or non-consenting . Routine transportation is not considered ?forced? Arty incident that involves four or more detainees/of fenders, includes gang ?ghts, organized multiple hunger work stoppages, hostage situations. major fires, or other large scale incidents. 2012FOIA3030.009039 Form G-324A SIS (Rev. 7/9/07) Department Of Homeland Security Detention Facility InSpection Fomi Immigration and Customs Enforcement Facilities Used Over 72 hours ICE Detention Standards Review Summary Report I. Acceptable 2. De?cient 3. At Risk 4. Repeat Finding 5.Not Applicable Detainee Services 1. 2. 3. 4. 5. 1. Access to Legal Materials 8 El 2. Admission and Release :l 3. Classi?cation System :i 4. Correspondence and Other Mail >14 El 5. Detainee Handbook 6. Food Service 8 [3 Ci 7. Funds and Personal Property El El 8. Detainee Grievance Procedures Ci El CI 9. Group Presentation 0n Legal Rights K4 Ci El El 10. Issuance of Clothing, Bedding and Towels El 11. Marriage Requests El Ci El 12. Non-Medical Emergency Escorted Trips 13. Recreation K4 CI 14. Religious Practices El El El 15. Access to Telephones K4 16. Visitation 17. Voluntary WOrk Program El Health Services 18. Hunger Strikes El Access to Medical Care ?3 El Ci El 20. Suicide Prevention and Intervention P3 El Cl 21. Terminal Illness, Advanced Directives and Death K4 El CI Security and Control 22. Contraband El CI 23. Detention Files [i El 24. Disciplinary Policy 25. Emergency Plans El Ci El 26. Environmental Health and Safety 27. Hold Rooms in Detention Facilities 28. Key and Lock Control El El El 29. Population Counts El E1 30. Post Orders El El El 31. Security Inspections El El 32. Special Management Units (Administrative Segregation) 33. Special Management Units (Disciplinary Segregation) I: 34. Tool Control I: 35. TranspOrtation (Land TransportationForce El El El 37. Staff/ Detainee Communication (Added August 2003) El 33. Detainee Transfer (Added September 2004) ill findings (De?cient and At?Risk) require Written comment describing the ?nding and what is necessary to meet pliance. FER era?181% I: FF Form G-324A SIS (Rev. 7/9/07} Department Of Homeland Security Detention Facility Inspection Form Immigration and Customs Enforcement Facilities Used Over 72 hours . LCI Review Assurance Statement By signing below, the Lead Compliance Inspector (LCI) certi?es that all ?ndings of noncompliance with policy or inadequate controls contained in the Inspection Report are supported by evidence that is sufficient and reliable. thhermore, ?ndings of noteworthy accomplishments are supported by suf?cient 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 de?ciencies noted in the report. LEAD Lead Compliance Inspector: (Print Name) Title Duly Lecalion Lead Compliance Inspector, MGT ofAmerica, Inc. October 23, 20] I TEAM MEMBERS Print Name, Title, Duty Localimi Print Name, Title. Duty Location CI-Medical Care, MGT of America, Inc. MCI-Security, MGT ofAmerica, Inc. Print Name, Title, Duty Location rint amc, It 0, Duty Location CI-Environmental Health and Sa fer Food Service, MGT of America, Inc. .ecommended Rating: El Superior I: Good Acceptable Deficient At-Risk Comments: There have been two non-ICE detainee deaths since the last inspection. The ?rst involved a detainee on work release who was working in a hole. The hole collapsed and the individual died from his injuries. (Suffocation) In the second instance a non-ICE detainee was involved in a ?ght with another non-ICE detainee in a cell. The individual was later found unconscious in his cell. He was transferred by ambulance to an outside hOSpital where he was pronounced dead. The matter is currently under investigation by the State Police. No further information is available. Since the last inSpection there have been six attempted suicides. One ofthe attempted Suicides was an ICE detainee. In each instance the detainees attempted to hang themselves in their cells. A review ofthe reports revealed that staff responded appropriately to the incidents, and proper medical treatment was provided. The data on the SIS indicates there have been nine reported cases of sexual assault since the last inspection. All of these cases sisted ofinappropriate touching. Three of the cases involved ICE detainees; the incidents were investigated by the State Police. ?0 cases were determined to be unfounded, and the third was determined to be consensual. Form G-324A SIS (Rev. 7/9/07) 2012FOIA3030.009041 Department of Homeland Security . . Immigration and Customs Enforcement Of?ce of Detention and Removal . Condition of Confinement Review Worksheet (This document must be attached to each G-324A Inspection Form) This Form to be used for Inspections of all Facilities Used Over 72 Hours ICE Detention Standards Review Worksheet Local Jail IGSA El .lj State Facility IGSA ICE Contract Detention Facility Name York County Prison Address (Street and Name) 3401 Concord Road City, State and Zip Code York, 17402 County York Name and Title of Chief Executive Officer (W arden/OIC/Superintendent) b6, b7c Warden Name and Title of Lead Compliance Inspector ate 5 evnew From October 18, 2011 to October 20, 2011 Type of Review Headquarters Operational [Special Assessment DOther 2012FOIA3030.00904ZG-324A (Coded ID 320 0) Detention Inspection Form Worksheet for - Rev: 07/09/07 TABLE OF CONTENTS DETAINEE SERVICES STANDARDS (SECTION I) .. 3 . ACCESS TO LEGAL ADMISSION AND . CLASSIFICATION SYSTEM CORRESPONDENCE AND OTHER MAIL DETAINEE . .1 FOOD FUNDS AND PERSONAL PROPERTY DETAINEE GRIEVANCE GROUP PRESENTATIONS ON LEGAL .. ISSUANCE AND EXCHANGE OF CLOTHING, BEDDING, AND ESCORTED TRIPS . . .. . ACCESS To TELEPHONES . .. .. . VOLUNTARY WORK PROGRAM . . .. . HEALTH SERVICES STANDARDS (SECTIONII) 36 HUNGER STRIKES ACCESS TO MEDICAL SUICIDE PREVENTION TERMINAL ILLNESS, ADVANCED DIRECTIVES AND .. . . . SECURITY AND CONTROL STANDARDS (SECTION 47 DETENTION DISCIPLINARY . EMERGENCY ENVIRONMENTALHEALTH AND HOLD ROOMS IN DETENTION . KEY ANDLOCK . .. .. . POPULATION .. POST .. SECURITY SPECIAL MANAGEMENT UNIT (ADMINISTRATIVE . SPECIAL MANAGEMENT UNIT (DISCIPLINARY SEGREGATION) . A. TOOL TRANSPORTATION . . USE OFFORCE . . . .. DETAINEE TRANSFER STANDARD .. NOTE: FOR EACH STANDARD RATED BELOW ACCEPTABLE, FACILITIES MUST ATTACH A PLAN OF FOR BRINGING OPERATIONS INTO COMPLIANCE. EACH FACILITY SHOULD EXAMINE THE ENTIRE WORKSHEET TO IDENTIFY AREAS OF IMPROVEMENT, INCLUDING THOSE STANDARDS WHERE AN OVERALL FINDING OF ACCEPTABLE WAS ACHIEVED. 2012FOIA3030.009043 Page 2 of 88 SECTION I DETAINEE SERVICES STANDARDS I - 2012FOIA3030.009044 Page 3 0f 88 ACCESS TO LEGAL MATERIALS POLICY: FACILITIES HOLDING ICE SHALL PERMIT DETAINEES access To A LAW LIBRARY, AND PROVIDE LEGAL MATERJALS. Fatalities. EQUIPMENT, AND THE OPPORTUNITY to PREPARE LEGAL DOCUMENTS. COMPONENTS Yes No NA REMARKS The facility provides a designated law library for detainee use. )2 There are four separate law libraries. as well as LexisNexis-equipped terminals in the units available for use by the detainees. 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. IE CI The facility uses LexisNexis to provide Attachment A materials; therefore there is no requirement to post the listing of materials. The library contains a suf?cient number ofchairs, is well lit, and Each ofthe areas observed had suf?cient is reasonably isolated from noisy areas. Ki chairs, were well lit, and provided a reasonable wo mg environment. The law library is adequately equipped with typewriters and/or computers, and has suf?cient supplies for daily use by the VA detainees. In addition to the physical law library, detainees have access to the Lexus Nexus electronic law library. Where provided, the Lexus Nexus library is updated and is cunent. LexisNexis was updated in October 20] l. Outside persons and organizations are permitted to submit published legal material for inclusion in the legal libraiy. Outside published material is forwarded and reviewed by ICE prior to inclusion. IZIIZIDIZIEI Immigration Resource Center (PIRC) is an example of an outside agency that is permitted to submit material to be included in the law library. There is a designated ICE or facility employee who inspects, updates, and maintains/replaces legal materials and equipment on El a routine basis. etainees are offered a minimum 5 hours per week in the law library. Detainees are not required to forego recreation time in lieu oflibrag usage. Detainees facing a court deadline are given priority use ofthe law library. Detainees may request materials not currently in the law library. Each request is reviewed and, where appropriate, an acquisition request is timely initiated. Requests for copies of court decisions are accommodated within 3 5 business days. Detainees may request materials through PIRC, ICE or their counselor. It was reported by staffthat such maten'al, if available, is provided within the required time frame. Detainees are pemiitted to assist other detainees, voluntarily and free of charge, in researching and preparing legal documents, consistent with security. )2 Illiterate or non-English-speaking detainees without legal representation receive access to more than just English-language law books after indicating their need for help. K4 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 heurs of a written request. Detainees housed in Administrative Detention 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. Time slots are available to provide detainees in Administrative Detention and Disciplinary Segregation access to the law library. Detainees are not denied access to the law library. All denials of access to the law library ?Jlly documented. El CI [2 ICE detainees are not denied access to the law library. acility stafT informs ICE Management when a detainee or group of detainees is denied access to the law library or law materials. El [Xi Detainees are not denied access to the law library. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2012FOIA3030.009045 Page 4 of88 ACCESS TO LEGAL MATERIALS POLICY: FACILITIES HOLDING ICE SHALL. PERMIT ACCESS A LAW LIBRARY. AND PROVIDE EQUIPMENT, COPYING AND TH F. PREPARE LliGAl. COMPONI-ZNITS YES No NA REMARKS Detainees who seek judicial relief on any matter are not subjected to I'eprisals, retaliation, or penalties. 7 ACCEPTABLE El CI REPEAT FINDING REMARKS: Given the number oflaw library locations and the availability ofLexisNexis equipped computer terminals in the units, ICE detainees have ample opportunity to prepare legal documents and access the courts. Detainees have never been denied access to legal materials and there are so many methods available at this facility to provide detainee access to legal materials, it is doubtful denial will ever become necessary. Interviews with staff and detainees, review of documentation, and observation of existing law library locations and available resources were used to con?rm compliance with the uirements ofthe detention standard. SIGNATURE DA 2012FOIA3030.009046 Page 5 of 88 ADMISSION AND RELEASE POLICY: ALI. WILL Ill-E AND RELEASED IN A MANNER ENSURES THEIR AND THE ADMISSIONS PROCEDURE WILL, AMONG OTHER INCLUDE: A. ASSESSMENT AND A BODY SEARCH: AND A StiARt'l-l OF PERSONAL WHICH WILL REMARKS In-processing includes an orientation of the facility. The The section ofthe component that requires orientation includes: Unacceptable activities and behavior, and the following tepics to be included in the corresponding sanctions; How to contact The availability of detainee orientation is speci?c to SPCs or pro bom) legal services, and how to pursue Such services; CDFs: Unacceptable activities and behavior schedule of programs, services, daily activities, including and corresponding sanctions; how to contact visitation, telephone usage, mail service, religi0us programs, the availability ofpro bono legal counI procedures, access to and use of the law library and the services, and how to pursue such services; general library; sick-call procedures, and the detainee handbook. schedule of programs, services, daily activities, including visitation, telephone K1 El usage, mail service, religious programs, count procedures, access to and use of the law library and the general library; and sick call procedures. Detainees receive a handbook and a verbal orientation by an intake counselor. An orientation video is shown each evening in the housing units. All information identi?ed in this component is addressed in the handbook and orientation sessions. Medical screenings are performed by medical staffing persons All new detainees receive a medical screen, a who have received specialized training for the purpose of mental health screen, and a chest exvray conducting an initial health screening. performed by ICE Health Services Corps (IHSC) employees. Any issues are . immediately referred to the medical contracI provider (Prime Care Medical). Each new arrival is classi?ed according to criminal history and The facility relies upon the classi?cation threat levels. Criminal history is provided for each detainee by El CI levels provided by ICE to determine the ICE field of?ce. appropriate housing assignments. All new arrivals are searched in accordance with the "Detainee All new detainees are pal searched by an Search? standard. An officer of the Same sex as the detainee of?cer of the same sex, in an area that affords conducts the search and the search is conducted in an area that A sufficient privacy. affords as much privacy as possible. Detainees are stripped searched only when cause has been Detainees may be strip searched with cause. established and not as routine policy. NOn-criminal detainees In those cases when a strip search is are not strip-searched but are patted down, unless reasonable conducted, the incident is documented. The suspicion is established. El El policy regarding strip searches is addressed in the York County Prison Procedures Manual. The ?Contraband? standard governs all personal property Contraband is seldom found during the intake searches. use or have a similar contraband process. At this time, ICE maintains standard. Staff prepares a complete inventory of each detainee?s possession of detainee property and possessions. The detainee receives a copy. valuables. In the near future, the facility will El l:l assume the responsibility ofsecuring detainee property and valuables. The policy addressing the handling of contraband is included in the York County Prison . Procedures Manual. 2012FOIA3030.009047 Page 6 of 88 ADMISSION AND RELEASE POLICY: ALI. WILL BE AND RELEASED IN A MANNFR AND WELFARE. THE ADMISSIONS PROCEDURE WILL. AMONG OTHER THINGS INCLUDE: MEDICAL A FILE-BASED AND A BODY AND A SEARCH OF PERSONAI BELONGINGS. ?l-I AND AS NECESSARY. COMPON YES No NA REMARKs Staffcompletes Fonn 1?387 or similar form for CDFs and IGSAs Detainees have the option to submit a missing for every lost or missing property claim. Facilities forward all I- W- property claim through the facility grievance 387 claims to ICE. A process or submit a Claim for Damage, Injury, or Death Form to ICE. Detainees are issued appropriate and suf?cient clothing and bedding for the climatic conditions. The facility provides and replenishes personal hygiene items as needed. Gender-specific items are available. ICE Detainees are not charged for these items. DD All releases are properly coordinated with ICE using a Form 1- 203. This component is only applicable fer SPCs the release ofdetainees. Cl Cl El El and CDF's Form 1-203 is used to authorize ET Elm IE Staff completes paperwork/forms for releasc as required. IZI ACCEPTABLE DEFICIENT I:l AT-RJS REPEAT FINDING REMARKS: The admission and release process at this facility ensures the health, safety, and welfare ofthe ICE detainees being processed. Detainees are searched, receive a medical screening, have their preperty inventoried and properly stored, and are properly classi?ed. Based upon a review of the process, and documentation, as well as inner-views of staff and detainees it was determined that the Admission and Release process quirements of the detention standard. 2012FOIA3030.009048 Page 7 of 88 CLASSIFICATION SYSTEM l?oucv: ALL FACILITIES WILL DEVELOP AND IMPLEMENT A ACCORDING TO WHICH ICE ARE CLASSIFIED. CLASSIFICATION THAT EACH Dli'iAlNLili IS PLACED IN THE APPROPRIATE FROM IN OTHER CATEGORIES COM PON L?N'rs YES NO NA REMARKS The facility has a system for classifying detainees. In CDFs and The facility relies upon the ICE classi?cation an Objective Classi?cation System or similar is used. process for Ute initial placement ofdetainees K4 CI within this facility. The facility classi?cation process is explained in the York County Prison Procedures Manual. The facility classification system includes: 9 Classifying detainees upon arrival; Separating from the general population those individuals who cannot be classi?ed upon arrival; and The ?rst~line supervisor or designated classi?cation specialist reviewing every classi?cation decision. The intake/processing of?cer reviews work-folders. A-?les, etc., to identify and classify each new arrival. A limited amount of information is provided to the intake of?cers when a detainee is admitted to this facility; however, an ICE classi?cation report is provided for use during the admission process. Staff uses only information that is factual, and reliable to determine classi?cation assignments. Opinions and unsubstantiatch uncon?rmed reports may be ?led but are not USed to score detainees classi?cations. IZJ Housirg assignments are based on classi?cation?level. K4 .A detainee's classi?cation-level does not affect his/her recreation opportunities. Detainees recreate with persons of similar classi?cation designations. El El Detainees in all classi?cation levels are provided with recreational opportunities with persons of similar classi?cation levels. Detainee work assignments are based upon classi?cation designations. LeVel three detainees are restricted to work assignment within the housing units. Level one and level two detainees are eligible for all work assignments within the facility. No ICE detainees are eligible for work release. The classi?cation process includes reassessment/reclassi?cation. At detainees may request reassessment 60 days after arrival. Detainees may request classi?catiOn reassessment after 60 days. Procedures exist for a detainee to appeal their classi?cation assignment. Only a designated supervisor or classi?cation specialist has the authority to reduce a classi?cation-level on appeal The portion of this component that states that a designated supervisor or classi?cation specialist has the authority to reduce a classi?cation-level on appeal is speci?c to SPCs and CDFs. According to the Classi?cation Policy as described in the York County Prison Proacdures Manual, there is a form used to appeal classi?cation decisions, which is submitted to the Deputy Warden for resolution. During the orientation process. the appeal process is explained to detainees. Classi?cation appeals are resolved within ?ve business days and detainees are noti?ed of the outcome within 10 business days. This component is only applicable for SPCs and CDFs. The claSSi?cation policy at this facility does not establish time frames for the resolution ofappeals. lassi?cation designations may be appealed to a higher uthority, such as the Warden or equivalent. El Ki This component is only applicable for SPCS and CDFs. Classi?cation designations are appealed to the Deputy Warden. FOR OFFICIAL USE ONLY (LAW SENSITIVE) 2012FOIA3030.009049 Page 8 of88 9 CLASSIFICATION SYSTEM POLICY: ALI. I??Mrnt'rt?s WIll. DWIZLDP AND IMPLEMENT A SYS't'th ACCORDING TO WHICH ARI-L CLASSIFIED. Tut-1 SYsi't-M WILL ENSURE Is PLACED IN THE SEPARATE-JD FROM IN 0't'Hr-jn YES NO NA REMARKS The Detainee Handbook or equivalent for IGSAs explains the Classification levels are identi?ed in the classi?cation levels, with the conditions and restrictions handbook, but the conditions and restrictions applicable to each. applicable to each is not explained. ACCEPTABLE DEFICIENT REPEAT FINDING REMARKS: The facility utilizes an objective classi?cation system which ensures ICE detainees are placed in an appropriate category and separated from detainees in other categories. Based upon interviews ofstaff and a review of available documentation, the classi?cation system is consistent with the requirements of the detention standard. The handbook was revised after the 2010 inspection to include classi?cation levels; however, conditions and restrictions associated with the different classi?cation levels are not exlained in the handbook. DAT a 2012FOIA3030.009050 Page 9 of 88 CORRESPONDENCE AND OTHER MAIL POLICY: ALI. FACILITIES Wll.[. SEND AND RECEIVE A MANNER, SUBJECT TO RIEQI TIRED FOR Tl-lli SAlilIl'Y, Slit'Ultl'l?Y, FACII WILL BE THE SAME LIMITATIONS. EAt'l-l t-?At?tt I't?v WILL ?11131in CORRESPONDENCF. AND OTHER MAIL. COMPONENTS Yus No NA REMARKS The rules fer con'espondence and other mail are posted in each The portion of this c0mponent requiring housing or common area, or provided to each detainee via a correspondence rules to be posted in the detainee handbook. housing unit or common area is speci?c to A SPCs and CDFs. The rules for correspondence are not posted in the housing units, but they are included in the handbook. The facility provides key information in languages other than English; In, the language(s) spoken by signi?cant numbers of detainees. List any exceptions. Incoming mail is distributed to detainees within 24 hours or 1 business day after it is received and inspected. [Xi Outgoing mail is delivered to the postal service within one business day of its entering the internal mail system (excluding weekends and holidays). 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 Warden or equivalent for prevailing security reasons. Per the Mail Privileges policy of the York County Prison Procedures Manual, incoming correspondence, other than legal correSpondence, will be opened and inspected for contraband. The mail is opened without the detainee present. This process has been authorized by in writing by the Warden Staff does not read incoming general conespondence without the arden's prior written approval. This component is only applicable for SPCs and CDFs. The mail policy states that on rare occasions, incoming or outgoing mail may be read by the Warden or his designee if reasonable suspicion exists that jeopardizes 2012FOIA3030.009051 Page 10 of88 CORRESPONDENCE AND OTHER MAIL POLICY: ALL WILL ENSURE THAT SEND AND RECEIVE CORRESPONDENCE IN A MANNER, SUBJECT TO EQUIRED FOR THE SAFETY, SECURITY, AND ORDERLY OPERATION Oli'l'HF. FACILITY. OTHER MAll. WIU .BE PERMITTED, SI THE SAME LIMITATIONS. EACH-I FACILITY WILI, WIDELY DISTRIBUTE ITS GUIDELINES CONCERNING CORRESPONDENCE AND OTHER COMPONENTS Yes No NA REMARKS CorreSpondence to a politician or to the media is processed as Correspondence to a politician is processed special correspondence and is not read or copied. CI as special correspondence; however, A correspondence to the media is handled as general correspondence. The of?cial authorizing the rejection of incoming mail sends written notice to the sender and the addressee. The requirement for the official authorizing the rejection ofincoming mail to send written notice to the sender is speci?c to SPCS and CDFs. If mail is rejected, the addressee and the sender are noti?ed of the reason for the rejection. The of?cial authorizing censorship or rejection of outgoing mail Mail is not censored; but if for any other provides the detainee with signed written notice. Ki El reason it is rejected, the detainee is noti?ed in Writing. Staff maintains a written record of every item removed from An electronic log is maintained ofall items detainee mail. A removed from detainee mail. The Warden or equivalent monitors staff handling ofdiscovered contraband and its disposition. Records are accurate and up to El date. 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. Only money orders are accepted in detainee mail. lfcasb or checks are received, they are discovered during the employee inspection of the mail conducted on the midnight shift and retumed to the Mail Officer for disposition. Staff is required to write a report to document the amount of funds received in correspondence. Original identity documents (e.g.t passports, birth certificates) are immediately removed and forwarded to staff for >11 El placement in A?files. Staff provides the detainee a copy of his/her identity Requests forcopies of documents are document(s) upon request. K1 El forwarded to ICE who provides the requested copies. Staff disposes of prohibited items found in detainee mail in accordance with the ?Control and Disposition of Contraband? Stande or the similarjrevailinggilicy in IGSAS. The process to dispose of contraband is explained in the York County Prison Procedures Manual. Every indigent detainee has the opportunity to mail, at government expense, reasonable conespondence about a legal matter, in three one ounce letters per week and packages deemed necessary by ICE. Indigent detainees may mail three pieces of personal correspondence and ?ve pieces of special correspondence weekly. The facility has a system for detainees to purchase stamps and for mailing all special correspondence and a minimum of 5 pieces of general correspondencgier week. CI The facility provides writing paper, envelopes, and pencils at no cost to ICE detainees. El El IE ACCEPTABLE DEFICIENT CI AT-RISK REPEAT FINDING 2012FOIA3030.009052 Page 11 of88 REMARKS: The procedures to process mail ensure that detainees send and receive correspondence in a timely manner Subject to the limitations required for the safety, security, and orderly operation ofthe Facility. . Detainees receive information regarding mail procedures in the handbook. Information regarding mail procedures is also available on the facility website. Facility policy authorizes all incoming and outgoing mail be inspected for contraband without the detainee present. The facility de?nes privileged mail as Legal Mail, not Special Corre5pondence. The facility de?nition does not include the media; therefore, mail received from the media is inspected for contraband without the detainee present and may possibly be read or copied. DA 2012FOIA3030.009053 Page 12 of88 barman HANDBOOK POLICY: EVERY OIC WILL DEVELOP A DETAINEE HANDBOOK TO SERVE AS AN OVERVIEW OF1 AND GUIDE TO. TI IE DETENTION POLICIES, RULES. AND IN EFFECT AT THE THE I-IANDBUOK WILI. ALSO DESCRIBE THE SERVICES, PROGRAMS, AND OPPORTUNITIES AVAILABLE VARIOUS SOURCES, INCLUDING THE FACILITY, ICE, ORGANIZATIONS, ETC. EVERY DISTAINPZE I WILL RECEIVE A COPY OF THIS UPON ADMISSION COMPONENTS Yes No NA REMARKS The detainee handbook is written in English and translated into The facility detainee handbook and the ICE Spanish, or into the next most-prevalent Language(s). K1 National Detainee Handbook are written in both English and Spanish. The handbook is supplemented by the facility orientation video, The facility orientation video is shown each . - - Cl . where one is provtded. evening. All staff members receive a handbook and training regarding the handbook contents. A The handbook is revised as necessary and there are procedures The facility detainee handbook was revised in place for immediately communicating any revrsrons to staff )4 El . on August IS, 201 l. and detainees. There an annual review of the handbook by a designated committee or staffmember. The detainee handbook addresses the following issues: 0 Personal Items pemtitted to be retained by the detainee; and I Initial issue of clothes, bedding and personal hygiene items. El The detainee handbook states in clear language the basic detainee responsibilities. The handbook clearly outlines the methods for classification of detainees. explains each level, and explains the classi?cation appeals process. >14 The handbook clearly states how detainees are classi?ed, the various classi?cation levels and how to submit an appeal for a classi?cation decision. The handbook states when a medical examination will be conducted. El Cl The handbook describes the facility, housing units, dayrooms, in-dorm activities, and special housing units. l3 K4 The facility handbook does not describe housing units, dayrooms, in?dorm activities, and special housing units. The handbook describes of?cial count times and count procedures; meal times and feeding procedures; procedures for peration. and law library procedures and schedules. medical or religious diets; smoking policy; clothing exchange K4 El schedules; and, if authorized, clothes washing and drying procedures, and expected personal hygiene practices. The handbook describe times and procedures for obtaining disposable razors, and allows that detainees attending court will )2 be afforded the opportunity to shave ?rst. The . handbook describes barber hours and hair cullmg restrictions. The handbook describes the telephone policy; debit card procedures; direct and free calls; locations of telephones; policy when telephone demand is high; and policy and procedures for A emergency phone calls. The handbook addresses religious programming. )3 The handbook states times and procedures for commiSSary or vending machine usage, where available. The handbook describes the detainee voluntary work program. El Cl .?l?he handbook describes the library location and hours of 2012FOIA3030.009054 Page 13 of 88 POLICY: EVERY OIC DEVELOP A HANDBOOK to as AN OVERVIEW OF. AND In, 11th: rotten-1s. RULES. AND PROCEDURES IN EFFECT AT THE WILL Atso 'l'l-tt-l summers; PROGRAMS, AND AVAILABLE SOURCES, 'I'I-u-i FACILITY. ICE, EVERY 7 .1 A COPY or I-IANInzook UPON 'I?o COMPONENTS YLS NO 2 3' REMARKS The handbook describes attorney and regular visitation hours, policies, and procedures. The handbook describes the facility contraband policy. The handbook describes the facility visiting hours and schedule, and visiting_rules and regulations. The handbook describes the correspondence policy and EDD 0 Time limits in the Disciplinary Process; and 0 Summary ofthe Disciplinary Process. >14 procedures. The handbook describes the detainee disciplinary policy and procedures, including: Prohibited acts and severity scale sanctions; )3 The grievance section of the handbook explains all steps in the grievance process Including: 0 Infomial (if used) and formal grievance procedures; 0 The appeals process; 0 facilities: procedures for ?ling an appeal ofa grievance with ICE. . Staff/detainee availability to help during the grievance process. 0 Guarantee against staffretaliation for filing/pursuing a grievance. How to ?le a complaint about of?cer misconduct with the Department of Homeland Security; The section which instructs detainees on how to obtain assistance in preparing a grievance is still not noted in the detainee handbook. The detainee handbook describes the medical sick call rocedures for general population and segregation. The handbook describes the facility recreation policy including: 0 Outdoor recreation hOurs. 0 Indoor recreation hours. The handbook describes the detainee dress code for daily living; and work assignments. The handbook speci?es the rights and responsibilities of all detainees. UDCID El ACCEPTABLE DEFICIENT AT-RISK El REPEAT FINDING REMARKS: The facility has a site specific detainee handbook published in both English and Spanish issued to each detainee upon admission. Staff uses a translator for detainees speaking other languages. Detainees are also issued an ICE National Detainee Handbook upon entry to the facility from ICE staff. A description of the facility, housing Imits, dayrooms in-don?n activities and special housing units is not included in the handbook. The handbook does not provide the detainees instructions on hw to obtain assistance from staff or detainee when preparing a grievance. These are repeat ?ndings fro SIGNATURE I 2012FOIA3030.009055 FOOD SERVICE POLICY: EVERY FACILI wut. PROVIDE nt'a't?atNtiES IN ITS Wl'l'l-I AND Apia-it MEALS, PREPARED IN ACCORDANCE Wt l'i-l Yes _No The food service program is under the direct supervision ofa The facility's Food Service Administrator i professionally trained and certi?ed food service administrator. (FSA) is a Captain who is trained food and foremen are in The '3 El service and oversees all food gal-vice Food Service Administrator (FSA) detemunes the activate; The FSA and all other food 0f the Staff. service staffare Sen/Safe certi?ed The Cook Supervisor is on duty on days when the FSA is off This component is only applicable for SPCs duty and vice versa. K4 and CDFs. Food service staffis on duty 24 hours a day, seven days a week. The FSA provides food Service employees with training that speci?cally addresses detainee-related issues. 0 In ICE Facilities this includes a review of the ICE "Food Service" standard All knives not in a secure cutting room are physically secured to sccnon 5 component requiring a the workstation and staff directly supervises detainees using to monitor the condition ofknives and dining knives at these workstations. Staff monitors the condition of utensils is speci?c to SPCs and CDFs. The knives and dining utensils. FSA monitors the condition ofall knives and dining utensils. When knives are being used, they are secured to a work station. The food service area does not contain any mducts that pose a security threat. Searches are conducted on a daily basis by security staff. When necessary, special procedures govern the handling of food 'tems that pose a security threat. Operating procedures include daily searches (shakedowns) of detainee work areas. The FSA monitors staf'f implementation of the facility?s population counts procedures. Staff is trained in count procedures. The detainees assigned to the food service department look neat and clean. Their clothing and grooming comply with the "Food El Service" standard. ED CID DEE All detainees are retumed to their housing locations for counts. >14 Ct The FSA annually reviews detainee-volunteerjob descriptions to ensure they are accurate and up-to-date. The Cook Foreman or equivalent instructs newly assigned detainee workers in the rules and procedures ofthe food service El?umemauon ls located detainee training department. I During orientation and training session(s), the CS explains and demonstrates: 0 Safe work practices and methods; ICE detainees are not assigned to work in the 0 Safety features of individual products/pieces of I: kitchen. detainees receive an equipment; and orientation which includes the items listed in 0 Training 00vers the safe handling of hazardous thiscomponent. materialfs] the detainees are likely to encounter in their work. The Cook Supervisor documents all training in individual detainee detention ?les. 2012FOIA3030.009056 page [5 of 88 _'roonssercn_ _7 I POLICY: EVERY FACILITY WILL PROVIDE IN ITS AND MEAIS, l?ltlil?ARf-TIHN ACCORDANCE. WITH THE 1011 SANITARY STANDARDS. COMPONENTS YES No NA Ramanks ?Detainees at 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 PHY- l] CI The requirement for detainees to be paid in accordance with the "Voluntary Work Program" standard is speCi?c to SPCs and (DR. The detainees assigned to the food service demo-uncut are paid $20 per week. 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. Meals are served within the allotted time period as follows: Breakfast 7:45 AM, Lunch 11:45 AM and Dinner 6:00 PM. For cafeteria style operations, a transParent ?sneeze guard" Sneeze guards were observed in the sta?f . . . >11 El protects both the line and salad bar line. lounge area. The facility has a standard 35-day menu cycle. IGSAs use a The section of this component requiring a 35- 35 day or similar system for rotating meals. K1 day menu cycle is Speci?c to SPCs and CDFs The facility utilizes a 28-day menu cycle. The FSA or facility considers the ethnic diversity oft'he facility?s detainee population when deve10ping menu cycles (Provide examples). The facility has a well-balanced and diverse menu. Food items such as hamburgers, burritos, chicken, pizza, turkey, chili, are served. A registtered dietitian conducts a complete nutritional analysis of every master?cycle menu Llanned. A registered dietician reviews and approves all master menu items. The FSA has established procedures to ensure that items on the master-cycle menu are prepared and presented according to approved recipes. The Cook Foreman has the authon'ty to change menu items if necessary. The standard requires ?Cook Supervisor or equivalent" as having this authority. The 0 Staff routinely provide hot water for instant beverages and foods; 0 Common-fare meals are served with: I DiSposable plates and utensils. I Reusable plates and utensils. Staff use separate cutting boards, knives, spoons, scoops, etc., to p?pare the common?fare diet items. If yes, documenting each substitution, along with its Cook Foreman at this facility can approve a justi?cation menu change. These changes must be 0 With copy to FSA documented and forwarded to the FSA, All staff and volunteers know and adhere to written "food II reparation procedures. e: whose li i0 5 beliefs re air the adherence to . . . . . Det?me . . e, . The FSA coordinates all religious diets wuh particular religious dietary laws are ieferred to the Chaplain or El . . . the Religious Coordinator- FSA. A common?fare menu available to detainees whosc dietary requirements cannot be met on the main line. a Changes to the planned common-fare menu can be made at the facility level; - I-lot entrees are offered three times a week; 0 The common-fare menus satisfy nutritional recommended dail allowances RDAs A supervisor at the command level must approve a detainee?s removal from the COirmion-Fare Program. The Deputy Warden of Treatment approves the placement or removal of detainees on the Common Fare program. The Warden, in conjunction with the chaplain and/or local eligious leaders, provides the FSA a schedule of the ceremonial meals for the following calendar year. 2012FOIA3030.009057 Page 16 of88 FOOD SERVICE COM PON Yes I No NA POLICY: EVERY FACILITY Wll.l.. PROVIDE [)li'l'AlNliliS IN ITS Wl'l'l-l AND MEALS, PREPARED IN ACCORDANCE WITH REMARKS The common-fare program accommodates detainees abstaining from particular foods or fasting for religious purposes at prescribed times ofthe year. . Muslims fasting during Ramadan receive their meals after sundown. Jews who observe Passover but do not participate in the Common-Fare Program receive the same Kosher?for- Passover meals as those who do participate. Main-line offerings include one meatless meal (lunch or dinner) on Ash Wednesday and Fridays during LenL The conu?non-fare program supports the fasting and religious services for all denominations. The food service program addresses medical diets. K4 Medical staffreview and approve diets such as soft diets, gluten-free diets, no soy diets, etc., for the population. Satellite?feeding programs follow guidelines for proper sanitation. Hot and cold foods are maintained at the prescribed, "safe" temperature(s) while being served. Food temperatures were observed to be within the safe range on the days of the inSpecuon. All meals are provided in nutritionally adequate ponions. Food is not used to punish or reward detainees based upon behavior. 0 Sanitary techniques for preparing, storing, and serving . . equipment. El The food service staff instructs detainee volunteers on: 0 Personal cleanliness and hygiene; food; and The sanitary operation, care, and maintenance of Everyone working in the food service department complies with food safety and sanitation requirements. Food service areas were neat and clean on the days of the inspection. Standard Operating procedures include weekly inspections of all food service areas, including dining and food-preparation areas and equipment. 0 Who conducts the inspections? Inspections are completed and documented by the FSA. Equipment is inspected for compliance with health and safety codes and regulations. 0 When was the most recent inspection? 0 Which agency conducted the inspection? >14 A health and safety inspection was conducted by a registered dietician with the Department of Public Health on March 10, 201 with no violations neted. Reports of discrepancies are forwarded to the Warden or temperatures of all dishwaslting machines after each meal. designated department head, and corrective action is Scheduled and 00mpleted. Standard procedure includes checking and documenting Temperature checks are conducted and A documented. Staff documents the results of every refrigerator/freezer temperature check. Temperature checks are conducted and documented. The cleaning schedule for each food service area is conspicuously posted. IEIZ DEED DEIDCI Procedures include inspecting all incoming food shipments for damage, contamination, and pest infestation. El El Food shipments are inspected for damage, contamination and pest infestation. Shipments are declined if there is evidence of roblems. .. . . 2012FOIA3030.009058 Page 17 of88 . POLICY: WILL IN It's Wl'l'll Ntt'I?ItI'I'totls mums, PREPARED IN I Comomwrs FOOD RKS ACCEPTABLE El DEFICIENT REPEAT FINDING REMARKS: The facility provides a nutritious and diverse menu to the population. The facility utilizes a 28-day menu cycle, which is reviewed and approved by a registered dietitian. The facility offers both medical and religious diets. All food service staff is ServSafe certi?ed and trained in food and kitchen safety. Food service was inspected by a registered dietician from the Department ofPublic Health on March 10, 2011 who found no de?ciencies. Since the last inspection, the facility ltas adjusted meal times to comply with the time requirements for providing meals. October - - 2012FOIA3030.009059 Page 18 of88 . HR FUNDS AND PERSONAL PROPERTY POLICY: Al .I, PROCEDURES TY) CONTROL Dli'l'AINliIiS' PROCEDURES WILL. PROVIDE FOR THE STORAGE OF FUNDS, AND THE AND AND 'I'Il'li lNl'l'lAI, AND OF ALI. VAI AND STANDARD NA: (IGSA ONLY) CHECK THIS BOX ICE FUNDS, Vitumaucs AND PROPERTY ARE HANDLI-J) ONLY BY THE ICE F1 ELI) OFFICE-I on IN CONTROL or: 'l?I-lli case. claims are similar with the ICE standard. COMPONENTS Yes No NA REMARKS Detainee funds and valuables are properly separated, stored. and Funds and valuables obtained during booking are accessible only by designated supervisor(s}. El are turned over to ICE. Clothing is inventoried and stored by institution staff. Detainees? large valuables are secured in a location accessible to m? designated supervisor(s) or processing staff only. Staff itemiaes the baggage and personal property of arriving ?ems are properly inventoricd and detainees (tncludmg funds and valuables). For IGSAs and documented m, using a personal property inventory form that meets the ICE standard? forwards an arriving detainee's medication to the medical El Sta . Audits ofbaggage and non-valuable property occur each quarter This component is only applicable for SPCs and audits are logged and veri?ed. l:l l:l and CDFs. Quarterly inventories do not occur. f?cers are present during the processing ofdetainee funds This component is only applicable for SPCs and valuables during in-processing to the facility. Both of?cers and CDFs. officer documents the verify funds and valuables. amount of funds and valuables received in the presence of the detainee. Staffsearches arriving detainees and their personal property for This component is only applicable for SPCs contraband. El El and CDFs. Detainees are searched for contraband. Staff follow written policy for returning forgotten I: property to etatnees. Property discrepancies are immediately reported to the CDEO or This component is only applicable for SPCs Chief OfSeetLrity. and CDFs. Staff is required to submit a written report when a property discrepancy is discovered. Staff follows written procedures when returning property to Property is turned over to ICE staff, who detainees. A returns it to the detainee. facility procedures for handling detainee prOperty ?3 The facility attempts to noti?l an out-processed detainee that he/she left property in the facility: 0 By sending written notice to the detainee?s last known address; - Via certi?ed mail; and a The notice state that the detainee has 30 days in which to claim the property, after which it will be considered abandoned. This component is only applicable for SPCs and CDFs. Facility staff does not attempt to notify an out-proceSSed detainee of pmpeny left at the facility. ICE staff is responsible for notifying out-processed detainees regarding forgotten property. The facility disposes of abandoned property in accordance with written procedures. - Ifa facility, written procedure requires the prompt forwarding of abandoned property to ICE. The section of this component requiring Written procedures for the disposal of abandoned pr0perty is speci?c to SPCs and CDFs. The York County Prison Operations CI Manual contains written procedures used when disposing of abandoned property. The facility f0rwards all abandoned property of ICE detainees to ICE. I ACCEPTABLE El El REPEAT FINDING I 2012FOIA3030.009060 Page 19 of88 REMARKS: During the last inspection this standard was determined to be not applicable; however, facility staff is responsible for maintaining control of detainee clothing received during the admission process. Funds and valuables received from detainees are turned over to ICE for storage. Upon request of the detainee, funds may be deposited into a facility account for personal use. Clothing and preperty is preperly inventoried and stored by facility staff. and given to staff to inventory and rerunt to the detainee when the detainee is transferred from the facility. Based upon a review of the process and documentation, as well as interviews of staff, it was determined that the process to manage detainee ?nds and valuables at this facilit is consistent with the re uirements ofthe detention standard. October .2 DAT 2012FOIA3030.009061 Page 20 of 88 DETAJNEE GRIEVANCE PROCEDURES POLICY: EVERY FACILITY WILL DEVELOP AND IMPLEMENT STANDARD OPERATING (SOPs) FOR IN 't'lMEl.Y FASHION. EACHSTEP PROCESS WILLOCCLIR 'l'l?ll'i PRESCRIBED AMONG WILL EL AND DECIDED To APPEAL) IN ACCORDANCE WITH THE A As PROVIDED IN SOPs. PROCEDURE WILL INCLUDE PROVIDING wrrII A I RESPONSE to ANY WHICH WILL INCLUDE THE BASIS FOR IF DECISION. Tin? FACILITY WILL ALso ESTABLISH STANDARD FOR GRIINANCES. ALI. WILL ttlISC?l'ilVF arms?. or A WILL NOT BIZ COMPONENTS thi?tjnI?{KS I Written procedures provide for the informal reSolution of oral grievances (Not mandatory). 7 The facility grievance procedure is addressed is El 0 Ifyes, the detainee has up to five days within which to make his/her concern known to a member of the staff. Detainees have access to the grievance committee (or equivalent in using formal procedures. 0 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 necessaiy. Every member of the staff knows how to identify emergency grievances, including the procedures for expeditingthem. There are documented or substantiated cases of staffharassing, disciplining, penalizing, or otherwise retaliating against a El detainee who lodged a complaint: 0 If yea?plain. in the facility Procedures Manual. Detainees have access to the grievance system and may request assistance from staff I: On how to use the system. Detainees with special needs may obtain assistance through the Deputy Warden of Treatment. There have been no documented cases of 33 staff harassing detainees f0r ?ling a grievance during this inspection period. Procedures include maintaining a Detainee Grievance Log. The section ofthis component that requires 0 lfnot, an alternative acceptable record keeping system "nuisance complaints" to be identi?ed in the is maintained. records and for staff to document nuisance . - ?Nuisance complaints" are identi?ed in the records. complaints received but not ?led is speci?c 0 For quality control purposes, staffdocument nuisance CI (0 {incl CDFS- The faculty has 3 compuij received bui not med for IdentIt'yIng, and documentmg nuisance grievances. The facility has a database for tracking all grievances in the institution. ICE also has a database for tracking detainee grievances. Staffis required to forward any grievance that includes of?cer misconduct to a higher of?cial or, in a facility, to VA ICE. 7 ACCEPTABLE El DEFICIENT [j AT-RISK REPEAT FINDING REMARKS: The facility has an effective system for handling and tracking detainee grievances. Staffis familiar with procedures for handling emergency grievances. Both facility and ICE staff use databases to track and monitor detainee grievances. lfa detainee needs assistance in ?ling a grievance, they can request assistance through their unit counselor. The facility's grievance proce - irements of the detention standard. October SIGNATURE DA 2012FOIA3030.009062 GROUP LEGAL RIGHTS PRESENTATIONS POLICY: HOUSING ICE DIETAINEIES AUTHORIZE MAKE '1?0 GROUPS OF TH 15 PURPOSE or THEM OF U.S. IMMIGRATION LAW AND PROCEDURES. wrrI-t srscumrv ANDORDERLYOPERATION or tact-t FACILITY. ICE ENCOURAGES SUCH PRESENTATIONS. nlrt'AINI'stas THE IMMIGRATION SYSTEM AND 'l'HlilR RIGHTS AND IT. CHECK HERE No GROUP PRESENTATIONS CONDUCTED WITHIN 'rtna PAST 12 MARK STANDARD as ACCI-Lmumtat AND cogt'musgt PORTION or COMPONENTS Yes No NA The Field Of?ce is responsive to requeSts by attorneys and PIRC provides several presentations per accredited representatives for group presentations. week to ICE detainees. Upon receipt of concurrence by the Field Of?ce DireCtor, the facility or authorized ICE Field Of?ce ensures timely and proper noti?cation to attorneys or accredited representatives. The facility follows policy and procedure when re'ectin or . requesting modi?cations to objectionable material prJovidegd or K4 El materials mum be by the ICE presented by the attorney or accredited representative. Field Of?ce Director (FOD) and the Warden. Posters announcing presentations appear in common areas at least 48 hours in advance and sign-up sheets are available and accessible. Information regarding weekly presentations by PTRC is included in the handbook; however, no posters were observed in common areas. Detainees have access to Sign up sheets in the units. Documentation is submitted and maintained when any detainee is denied permission to attend a presentation and the reason(s) for the denial. CI IZJ Detainees are not denied access to the PIRC presentations. When the number of detainees allowed to attend a presentation is limited, the facility provides a suf?cient number ofpresentations so that all detainees signed up may attend. Cl El etainees in segregation, unable to attend for security reasons, may request separate sessions with presenters. Such requests are documented. Interpreters are admitted when necessary to assist attorneys and other legal representatives. XE Presenters are afforded a minimum of one hour to make the DECIDE gesentatton and to conduct a questton-and-answer session. Staff permits presenters to distribute ICE-approved materials- ?3 Presenters are permitted to meet with small groups of detainees . A . Arrangements are made for presenters to to discuss then cases after the group presentation. ICE or . . DA meet With small groups of detainees to authorized detention staff is present but do not monitor conversations with legal providers. discuss their cases. Group presenters who have had their privileges suspended are noti?ed in writing by the Field Office Director or designee; and the reasons for suspension are documented. The Headquarters Of?ce for Detention and Removal, Field Operations and Detention management Division, is notified when a group or individual is suSpended from making presentations There have been no instances where presentation privileges have been suspended. The facility plays [CE-approved videotaped presentations on legal rights at regular opportunities, at the request of outside organizations. CI There have been no requests to present video presentations. It was reported that if such a request is made, ICE would be consulted prior to appr0val of video presentations. A copy of the Group Legal Rights Presentation policy, including nformatton tni cl de in tle hand . attachments, is available to detainees upon request I: I 1 beck ACCEPTABLE DEFICIENT REPEAT FINDING 2012FOIA3030.009063 Page 22 of88 REMARKS: PIRC presents group legal rights presentations to the detainee population several times per week. All detainees have the opportunity to attend these sessions. . The prCSentations are managed and conducted in a manner that is consistent with the security and orderly operation of the facility. No posters were observed infonmng detainees of scheduled Group Legal Rights Presentations; however, due to the frequency of presentations all detainees - - -- - - - - - - SIGNATURE I - 2012FOIA3030.009064 Page 23 of 88 AND EXCHANGE OF CLOTHING, BEDDING, AND TOWELS POLICY: ICE REQUIRES THAT ALL HOUSING ICE DETMNEES PROVIDE LEAN (Iron llNCi, BEDDING. LIN ENS AND TOWELS EVERY ICE [)lf'l'AlNiiE UPON ARRIVAL. FURTHER, SHALL. ICE wrn-I REGULAR EXCHANGES or C1 .ortItNG, LIN ENS. AND . FOR AS LONG AS THEY REMAIN IN DETENTION. COMPONENTS Yes No NA REMARKS The facility has a policy and procedure for the regular issuance and exchange of clothing, bedding, linens, and towels. The supply of these items exceeds the minimum A required for the number ofdetainees. All new detainees are issued clean, temperature-appropriate, The bulleted items in this component are presentable clothing during in-processing. Detainees receive: speci?c to SPCs and CDFs. The following 0 One uniform shirt and one pair ofuniform pants. or one items were issued to each detainee: two jumpsuit; El El uniform jumpsuits or uniforms, 0 one pair of socks; two pairs ofsocks, two pairs of . one pa?u- of underwear (Daily change); and undergarments, and one pair of footwear: All . one pair of facj jly_jssued foolwean clothing issued is clean and temperature appropriate. Additional clothing is available for changing weather conditions, Raincoats, winter coats and sweatshirts are or as seasonally appropriate. 514 provided to the population during cooler months and inclement weather. New detainees are issued clean bedding, linens, and towels. They receive at a minimum: One The bulleted items in this component are 0 One blanket; speci?c to SPCs and CDFs. Detainees 0 Two sheets; K4 receive clean bedding, linens and towels, 0 One pillowcase; including all ofthe bulleted items listed in 0 One towel; and this component. 0 Additional blankets are issued based on local weather conditions. Detainees assigned to special work areas are clothed in detainees who work in the food accordance with the requirements ofthe job. K4 service area receive an extra uniform for their work assignment. Detainees are provided clean clothing, linen and towels. Socks and undergarments - exchanged daily. Detainees have their clothing and linens - Outer garments - twice weekly. laundered in the facility laundry in El 0 Sheets - weekly. Towels - weekly. Pillowcases - weekly. accordance with the eXpectations of the Standard. Food service detainee volunteer workers are permitted to exchange outer garments daily. El This component is only applicable for SPCs and CDFs. Detainees in the food service area are issued an extra uniform. Volunteer detainee workers are pemtitted to exchange outer garments more frequently. This component is only applicable for SPCs and CDFs. Detainee volunteer workers are allowed to change outer garments daily. ACCEPTABLE CI DercrEN?r AT-RISK REPEAT FINDING 2012FOIA3030.009065 Page 24 of 88 REMARKS: The facility iSSues clean, temperature~appropriate clothing to tlte detainee population. Different colored jumpsuits or scrub type uniforms are issued for detainees who have different w0rk assignments. All general population detainees are issued two sets of uniforms, and workers are issued three sets ofuniforms. A laundry schedule is in place for the entire facility for cleaning clothing and . linens. Extra blankets and outerwear is issued to detainees as the climate requires. Since the 2010 inspection. the facility is now issuing two pairs ofsocks and undergarments upon entry into the facility and laundering the clothing evcry other day. DATE FER if USE Em EFEF SB H: 2012FOIA3030.009066 Page 25 of 88 MARRIAGE REQUESTS dioucv: At} MARRIAG 5317.9UESTEXQILLEECEVE t??liLHX-ffaSt: iv] No NA REMARKS The Field Office considers detainee marriage requests on a case- The Assistant Field Of?ce Director (AFOD) by?case basis. reviews all marriage requests on a case by case basis. The Field Office Director reviews every marriage request The APOD reviews all requests for marriage rejected by a Warden/01C or IGSA. Rejections are documented El El and either approves or denies the request. Both approvals and rejections are documented. It is standard practice to require a written request for permission El El A review ofa marriage request indicated that to marry. the appropriate written request was on ?le. The written request includes a signed statement or comparable documentation from the intended spouse, confirming marital intent. The intended spouse documentation \vas clearly noted in the detainee file. >14 The Warden/GIG provides a written copy of his/her decision to The AFOD noti?es the detainee?s attorney the detainee and his/her legal representative. verbally if the request is approved, and in writing if the request is denied. If denied, then speci?c reasons for the denial are noted. When permission is denied, the Warden/OIC states the basis for his/her decision. >3 The Warden/01C provides the detainee with a place and time to All detainees are taken out of the facility by make wedding arrangements. ICE staff to a Magistrate to complete the marriage process, and then they are returned. ACCEPTABLE DEFICIENT CI REPEAT FINDING REMARKS: .All marriage requests are sent to the facility Warden who forwards them to the AFOD, who is located in the facility. The AFOD reviews each request individually and forwards his decisiOn to the detainee and the detainee?s attorney. Ifapproved, the detainee is noti?ed in writing and the attemey is notified verbally. Ifthe request is denied, then both the detainee and attorney are noti?ed irt writing. When the marriage is approved, ICE staff will take the detainee to the local Magistrate to facilitate the marriage. Once this is completed, the detainee is returned to the facility. In 201 l, there were a total ofseven requests for marriage. Three marriages were completed and one is pendingdischarged prior to the completion ofthe marriage. October 2 Aunrron?s SIGNATURE DA 2012FOIA3030.009067 Page 26 ofSS NON-MEDICAL EMERGENCY ESCORTED TRIPS . POLICY: IMMIGRATION AND CUSTOMS (ICE) MAY WITH INTO FOR THE Pl JRPOSF 01? VISITING II I. MEMBERS ILY, OR FOR FUNERALS. STANDARD CHECK THIS Box IF ALL ICE NON-MEDICAL EMERGENCY TRIPS ARI-1 ONLY BY THE ICE FIELD OFFICE OR SUB-OFFICE IN CONTROL OF THE DETAIN tau CASE. COMPONENTS Yes No NA REMARKS The Field Of?ce Director considers and approves, on a case-by- case basis. trips to an immediate family member?s: 0 Funeral; or El El - Deathbed The facility recognizes mother, father, brother, sister, spouse, El child, step-parent, and foster parent as "irmnediate family". El The IGSA facility noti?es ICE of all detainee requests for 1100- [3 medical escons. The detainee?s Deportation Of?cer reviews the file before forwarding a detainee?s request, with recanimendation, to the approving official. Each recommendation addresses the El individual's suitability for travel; the kind of supervision required. Each escort includes at least two of?cers. El El Escorting of?cers report unexpected situations to the originating facility as a matter of procedure, and the ranking supervisor on El CI duty has the authority to issue instructions for completion ofthe trip. Escorting officers have the discretion to increase or decrease minimum restraints in accordance with written procedures and El I: classi?cation level ofthe detainee. Escon of?cers are precluded from accepting gifts/gratuities from a detainee, or detainee's relative or ?iend for any reason. Escort officers ensure that detainees: 0 Conduct themselves in a manner that does not bring discredit to the Do not violate federal, state, or local laws; 0 Do not purchase, possess, use, con5umc, or administer El El narcotics, other drugs, or intoxicants; 0 Make no unauthdrized phone calls; and - Know they are subject to search, urinalysis, breathalyzer, or comparable test upon return. Standard procedure requires the immediate retum to the facility ofany detainee who violates trip rules. ACCEPTABLE DEFICIENT REPEAT FINDING REMARKS: At this facility. non?medical emergency escorted trip requests are reviewed and approved by ICE officials. ICE staff arranges and provide transportation as no - - - October 20 SIGNATURE I 2012FOIA3030.009068 Page 27 ofBS RECREATION POLICY: 11' Is ICE POLICY TO PROVIDE ACCESS TO PROGRAMS AND TO ALL ICE DETAINEES, TO THE EXTENT . POSSIBLE. UNDER CONDITIONS OF SECURITY AND SUPERVISION THAT PROTECT THEIR SAFETY AND WELFARE. COMPONENTS YES ND NA REMARKS The facility has a recreation program and facility. K4 A recreational specialist (for facilities with more than 350 This component is only applicable for SPCs detainees) tailors the program activities and offerings to the E, E, and CDFs. The facility has a Counselor who detainee population. is assigned to oversee all recreational activities. Regular maintenance keeps recreational facilities and equipment A in good condition. The recreational specialist or trained equivalent supervises detainee recreation workers. The recreational specialist or trainee equivalent oversees recreation programs for Special housing units (SHU) and special- needs detainees. Dayroorns offer sedentary activities, board games, cards, television. Outside activities are restricted to limited-contact sports. The facility does not utilize detainee recreation workers. The Recreational Coordinator ensu res board games and other activities are available to the SHU population Only basketball, walking or general fitness is allowed in the recreation yards. Each detainee has the opportunity to participate in daily recreation. Detainees have access to recreation activities outside the housing units for at least one hour daily, 5 days a week. Staff checks all items for damage and condition when equipment is returned. Staffconducls searches ofrecreation areas before and after use. All recreation areas under constant staff supervision. .Supervising staff is equipped with radios. The facility provides detainees in the SHU aI least one hour of Outdoor recreation time daily, five times per week. Detainees in disciplinary/administrative segregation receive a All detainees and non-ICE detainees are allowed two hours ofoutside recreation daily. EE KEEPER DEIDCIEIDCIEICIDEIEI Written explanation when a panel revokes his/her recreation K4 privileges. Special programs or religious activities are available to detainees. Volunteers are required to sign a waiver of liability before This component is only applicable for SPCs entering a secure portion of the facility where detainees are and CD135. The facility does not utilize present. K4 volunteers for the recreation program. Volunteers providing religious services do not sign a waiver of liability. Visitors, relatives or friends are not allowed to serve as This component is only applicable for SPCs volunteers. El and CDFs. The facility does not utilize visitors, relatives and or friends as volunteers. If outdoor recreation is offered, check this box. No further information is required when outdoor recreation is offered. Ifthe facility has no outside recreation, are detainees considered for transfer a?er six months? 0 If yes, written procedures ensure timely review of all eligible detainees. Case officers make written transfer recommendations about every six-month detainee to the 01C. he OIC documents all detainee-transfer decisions, whether yes l? no. 2012FOIA3030.009069 Page 28 of 88 RECREATION POLICY: IT IS ICE POLICY TO PROVIDE ACCESS TO PROGRAMS AND TO ALI. ICE T0 THF. POSSIBLE. UNDER CONDI 0F AND SUPERVISION Tl 'r'ttlitR AND WELFARE. COMPONENTS I YEs No NA i Risa-muss The detainee?s written decision for or against an offered transfer documented in his/her A-?le. StalT noti?es the detainee?s legal representative of his/her decision to accept/decline a transfer. If no recreation is available, the ICE Districts routinely review transfer eligibility for all detainees a?er 60 days. The A-?le of every detainee who is held more than 60 days without access to recreation contains either a transfer-waiver I: signed by the detainee, or the written detennioation ofthe detainee?s ineligibility for transfer. The detainee?s legal representative is noti?ed of the decision. ACCEPTABLE El DEFICIENT AT-RISK REPEAT FINDING REMARKS: The facility provides recreational activities to the population. inside recreation is provided in the gymnasium and the weight room. The housing units have board games such as chess, checkers dominoes, etc. Outdoor recreation is provided for the eneral oulation units in open recreation yards and for the segregation units in secured or caged recreation yards. October 20 DATE FER EMF. misiFFEFgEi 2012FOIA3030.009070 Page 29 of 88 RELIGIOUS PRACTICES Poucv: FACILITIES WILL PROVIDE OF ALI. Is Wl'l?l I REASONABLE AND .li omion'n TO IN oI-' 'l?l-lliilt FAITH. LIMI'l'l-il') ONLY [w 'I'Itte 01" 'l'l-ll'i ORDERLY OPERATIONS or 'l'tltf AND N0 Detainees are allowed to engage in religious seivices. All detainees have access to religious A services through a Prison Ministries prOgram. Space is available for detainees to conduct religious services. Several multi-purpose rooms are used for religious service programs. The facility allows detainees to observe the major ?holy days? of their religious faith. I: 0 List any exceptions. The facility accommodates recognized holy-day Observances by: 0 Providing special meals, consistent with dietary This component is only applicable for SPCs restrictions; and CDFs. The facility does observe holy - Honoring fasting requirements; days of observance with special meals, >2 I Facilitating religious services; and fasting, praying and special programs. - Allowing activity restrictions. Each detainee is allowed religious items in his/her iIrunediate All religious items must be reviewed and possession. Cl approved by the Deputy Warden of Treatment. Volunteer?s credentials are checked and veri?ed before allowing participation in detainee programs. Members of faiths not represented by clergy may conduct their own services within security allowances. Detainees are allowed to pray in an area together but are not allowed to conduct DlleZl services. Detainees in the Special Management Unit are allowed to participate in religious practices unless otherwise documented K4 CI for the safety and security of the facility. ACCEPTABLE DEFICIENT El REPEAT FINDING REMARKS: The facility provides opportunities for all detainees to observe their religious beliefs through the Prison Ministries program cenducted by volunteers. All volunteers have their background checks done and are approved to enter the facility. Several multi-purpose areas are used to facilitate religious programming. Since the 2010 inspection, the position of the facility is that groups of detainees may say prayers together in an area, but no detainee is allowed to organize or supervise a group of detainees to conduct services. SIGNATURE ID 2012FOIA3030.009071 Page 30 01738 DETAINEE TELEPHONE ACCESS POLICY: ALL noustNt; ICE [)rri?AJNlatzs WILL PERMIT REASONABLE AND ACCESS 't?o TELEPHONES. COMPONENTS REMARKS Detainees are allowed access to telephones during established facility waking hours. Upon admittance, detainees are made aware of the facility's telephone access policy. Information is provided to detainees verbally during orientation, in a video presentation and in writing in the facility handbook. Access rules are posted in housing units. The facility makes a reasonable effort to provide key information to detainees in languages spoken by any signi?cant portion of the fach population. lZlElEl Telephones are provided at a minimum ratio of one telephone per 25 detainees in the facility population. DECIDE K4. Telephones are inspected regularly by facility staffto ensure that they are in good working order. >14 ICE staff is required to submit a Facility Liaison Visit Checklist which includes a reference to the operability of detainee telephones. The facility administration reports out?of?order telephones to the facility 3 telephone Serwce provrder. The facility administration monitors repair progress and takes appropriate measures to ensure that required repairs are begun and completed timely. Detainees are afforded a reasonable degree of privacy for legal phone calls. A procedure exists to assist a detainee who is having trouble lacing a confidential call. DEIDEI DDCID K1 Detainees may request assistance to place confidential calls from the housing unit counselor and/or ICE staff. The facility provides the detainees with the ability to make non? collect (special access) calls. El El Either ICE staffor the Unit Counselor assists detainees in making non-collect special access calls. DUI: by the inspector during the review. Special Access calls are at no charge to the detainees. CI The OIG phone number for reporting abuse is programmed into Contact with the Of?ce ofthe Inspector the detainee phone system and the phone number was checked 514 General (016) was successfully made from a detainee housing unit phone. In facilities unable to fully meet this requirement initially because of limitations of its telephone service, makes alternate arrangements to provide required access within 24 hours of a request by a detainee. El The 01G telephone number is programmed into the detainee telephone system. No restrictions are placed on detainees attempting to contact attorneys and legal service providers who are on the approved ?Free Lgal Services List?. Special arrangements are made to allow detainees to speak by telephone with an immediate family member detained in another Facility. Detainees may submit a detainee information request to ICE requesting to make a telephone call to a family member in another facility, and ICE staff makes the necessary arrangements to facilitate tl?phone call. Any telephone restrictions are documented. The facility has a system for taking and delivering emergency . K4 detainee telephone messages. Emergency phone call messages are immediately given to A detainees. etainees are allowed to return emergency phone calls as soon as possible. DUDE l2 Page 31 of88 2012FOIA3030.009072 DETAINEE TELEPHONE ACCESS POLICY: Art. t?tEs ICE waJ. PERMIT REASONABLE AND TO COMPONENTS YES No NA REMARKS Detainees in disciplinary segregation are allowed phone calls Detainees must submit a request to complete a phone call regarding legal or immigration relatin to the detainee's immi ration case or other 16 al matters 5' . . A El El matters. Arrangements are made to complete including consultation calls. these phone calls. Detainees must submit a request to complete Detainees in disciplinary segregation are allowed phone calls to a phone call for legal or immigration consular/embassy of?cials, A purposes. Arrangements are made to complete these phone calls. Detainees in disciplinary segregation are allowed phone calls for A family emergencies. Detainees in administrative detention and protective custody are afforded the Same telephone privileges as those in general population. l3 When detainee phone calls are monitored, noti?cation is posted by detainee telephones that phone calls made by the detainees may be monitored. Special Access calls are not monitored. El DD El El ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: Based upon a review ofpolicy and procedures and interviews of both staff and detainees, it was determined that detainee access to telephOnes is consistent with the re uirements of the detention standard. Oatober 20 SIGNATURE DATE 2012FOIA3030.009073 Page 32 of88 VIS ON POLICY: ICE st-tmtraaMt'i TO VISIT FAMILY, FRIENDS. LEGAL . ANDTHE NEWS MEDIA. Yes No NA REMARKS . . . . . The visitation schedule is posted written Visnation schedule and hours for genera lobby, Included {be handbook, and visitation. is available on the facility website. The visitation hours tailored to the detainee population and the demand for visitation. El The visitation schedule and rules are available to the public. K4 El The visitation schedule and rules are posted in the visiting lobby, included in the handbook, and available on the facility website The home for all categories of visitation are posted in the visitation waiting area. [El A written copy ofthe rules regulating visitation and the hours of visitation is available to visitors. Pamphlets explaining the rules and hours of visitation are available to visitors. A general visitation log is maintained. The detainees are permitted to retain personal property items speci?ed in the standard. BE A visitor dress code is available to the public. [4 Visitors are searched and identi?ed aCCOrding to standard 7 and me,? whales are (0 Search; however, smce all general visits are requirements. non-contact, visitors are seldom searched. The requirement on visitation by minors is complied with. At facilities where there is no provision for visits by minors, arranges for visits by children and stepchildren, on request, within the ?rst 30 days. DE K1 Minors are allowed to visit, at this facility. After that time, on request, ICE considers a transfer, when possible, to a facility that will allow minor visitation. At a minimum, visits are allowed. Minors are allowed to visit, at this facility. El Detainees in Special housing are afforded visitation. [4 El Legal visitation is available seven (7) days a week, including 7 holidays. On regular business days legal visitation heurs are provide for a minimum of eight (8) hours per day, and a minimum of four [4 hours per day on weekends and holidays. On regular business days, detainees are given the option of requeSl? detains? are allowedto, continuing a meeting with a legal representative through a )3 iommuc tohn?eilgnm (:gallgeprescmatwes scheduled meaL tmough sc mea approved, meals are prowded to the detainee. Private consultation rooms are available for attorney meetings. There is a mechanism for the detainee and his/her representative to exchange documents. There are written procedures governing detainee searches. When strip searches are required after every contact visit with a legal representative, the facility provides an option for non- contact visits with legal representatives. Strip searches are not required after every contact visit with a legal representative. Prior to each visit, legal service providers and assistants are enti?ed per the standard. EDIE CIDEI 2012FOIA3030.009074 Page 33 of 88 VISITATION POLICY: ICE SHALL PER MIT TO VISIT WITH FAMILY. FRIENDS, LEGAL SPECIAL AND THE NEWS MEDIA. NA REMARKS '41 all. COMPONENTS The current list ofpro bono legal organizations is posted in the Postings listing pro bono legal organizations detainee housing areas and other appropriate areas. were observed in the housing units. >14 The decision to permit or deny a tour is not delegated below the level ofField Of?ce Director. Provisions for NGO visitation. as stated in the Detention Standards, are complied with. Zl Law enforcement of?cials who request to visit with a detainee are referned to the ICE Field Of?ce for approval. >14 DECIDE Cl K4 Procedures are in place, consistent with the detention standard, for examinations by independent medical service providers and )3 [j experts. ACCEPTABLE DEFICIENT AT-RISK El REPEAT FINDING REMARKS: ICE detainees are provided with opportunities to visit with family, friends, legal representatives, and others in a manner consistent with the detention standard. b7e After the 2010 inspection, the facility changed their procedures to enable a detainee to make a request to remain on a legal visit during meal periods, made accommodations to facilitate a professional visit ifrequested, and enable detainees with an order of deportation to receive property from visitors which is held by ICE staff until the individual is released. SIGNATURE DAT 2012FOIA3030.009075 Page 34 of88 VOLUNTARY WORK PROGRAM POLICY: lN EVERY FACILITY OFFERING A VOLUNTARY WORK PROGRAM. IJETAINEEs WILL HAVE THE WORK AND EARN MON I'iv uv LEGALLY REQUIRED. ICE AFFORDs WORKERS At'mmts'rRA?rtON (OSHA) CHECK "use It? ICIE ARE NOT TO WORK AT "rue IGSA MARK NA ON FORM G-324A, more 3 AND ova ?10 NEXT SECTION. COMPONENTS REMARKS Does the facility have a voluntary work program? I Do ICE detainees participate? Detainee housekeepmg meets neatness and cleanliness standards. Detainees have the opportunity to participate in special details, however, are never allowed to work outside the secure perimeter. Written procedures govern selection of detainees for the Voluntary Work Program. The facility policy for Voluntary Work program is described in facility policy. at mam; Where possible, physically and mentally challenged detainees participate in the program. YA The facility complies with work-hour requirements for detainees, This component is only applicable for SPCs n0t exceeding: and CDFs. The facility complies with the - Eight hours a day and Forty hours a week. requirement to restrict work to eight hours a day and 40 hours a week. Detainee volunteers generally work according to fixed schedule. If a detainee is removed frOm a work detail, staff places the written justi?cation for the action in the detaince?s detention file. Staff, in accordance with written procedure, ensures that detainee volunteers understand their responsibilities as workers before theyjoin the work program. $8 CID El CID The voluntary work program meets: The section of this component that requires . 0 OSHA, NFPA, ACA standards the voluntary work program to meet NFPA, and ACA standards is speci?c to SPCs and CDFs. The voluntary work program meets the professional standards of all three agencies. Medical staff screen and formally certify detainee food service volunteers. - Before the assignment begins; and I As a matter of written procedune Detainees receive safety equipment/ training suf?cient for the Detainees view a training video on cleaning assignment. A and proper safety equipment. Proper procedure is followed when an ICE detainee is injured on the job. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: The facility provides opportunities for detainees to work though the volunteer work program. Based on their classi?cation level, detainees are eligible to work in various assignments within the facility. Most detainees are assigned to work within the housing units. on how to handle chemicals. Detainees receive job speci?c trainin and trainin SIGNATURE DA 1.- 135 ONLY {Law 2012FOIA3030.009076 Page 35 of 88 SECTION II HEALTH SERVICES STANDARDS 2012FOIA3030.009077 Page 36 of 88 HUNGER STRIKES POLICY: ALI. FACILITIES WILL FOLLOW GUIDELINES FOR THE MEDICAL AND ADMINISTRATIVE-Z ICE ENGAGING IN HI BY MONITORING OF THE AND WELFARE or THE INDIVIDUAL mummies. FACILITIES WILL 'ro THEIR Comronems Yes 'No REMARKS When a detainee has refused food for 72 hours, it is standard This component is only applicable for SPCs practice for staffto refer him/her to the medical department. and CDFs. Medical policy LOS, Hunger Strikes, and the facility operating procedures El as both require staffto refer detainees to the medical department when they have not eaten for 72 hours. CDFs and IGSAs immediately report a hunger strike to the ICE. Facility policy on hunger strikes requires reporting hunger strikes by ICE detainees to immediawa to a hunger strike. 7 ICE. ICE has a full-time presence at this facility. The facility has established procedures to ensure staff respond Facility and medical policies require staff to A reSpond immediately to a hunger strike. Policy and procedure require that staff isolate a hunger-striking detainee from other detainees. - Ifyes, in an observation room? This component is only applicable for SPCs and CDFs. Facility and medical policy do not speci?cally state that staff must isolate hunger striking detainees; however, this is the practice at this facility. Medical personnel are authorized to place a detainee in the Special Management Unit or a locked hospital room. This component is only applicable for SPCs and CDFs. The medical provider may authorize placement of a hunger striking detainee in a Special management unit (SMU) or medical observation area. edical staff records the weight and vital signs of a hunger~ striking detainee at least once every 24 hours. This component is only applicable for SPCs and CDFs. Medical policy 1-05, Hunger Strikes, requires medical staff to record the weight and vital signs ofa hunger striker each day. The OIC ofthc facility obtains a hunger striker?s consent before medical treatment. Facility policy instructs medical staff to attempt to obtain a hunger striker's informed consent for treatment. A signed Refusal of Treatment form is required of every detainee who rejects medical evaluation or treatment. This component is only applicable for SPCs and CDFs. Facility policy requires staff to El El K4 attempt to obtain a signature on a refusal form when treatment or evaluation is declined. During a hunger strike, staff document and provide the hunger- This component is only applicable for SPCs striking detainee three meals a day. and CDFs. Facility policy requires delivering three meals each day. Staff maintains the hunger striker?s supply of drinking This component is only applicable for SPCs water/other beverages. and CDFs. Facility policy requires A maintaining a supply of drinking water or other beverages in a hunger striker's cell. During a hunger strike, staff removes all food items ?om the This component is only applicable for SPCs hunger striker?s living area. I: K4 and CDFs. Facility policy requires removing all food items from the hunger stn?ker's cell. Staff is directed to record the hunger striker?s fluid intake and food consumption; Does staff always use Hunger Strike ?ionitoring Form 1-839 or similar IGSA form. This component is only applicable for SPCs and CDFs. Detention Staff records a hunger striker?s food and fluid intake when Ordered by tlte medical provider in the medical record. 2012FOIA3030.009078 Page 37 of 88 HUNGER STRIKES POLICY: ALI. FACILITIES WILL. FOLLOW STANDARD GUIDELINES FOR THE MEDICAL AND MANAGEMENT OF ICE ENGAGING IN HUNGER BY MONITORING AND INDIVIDUAL DETAINEIES. FACILI WILI. STRIVE T0 THEIR LIVES. COMPONENTS No NA REMARKS The medical staff has written procedures for treating hunger strikers. )2 CI Medical policy Hunger Strikes, provides detailed guidance on the initial medical management ofltunger strikes. Additional procedures are developed based on the medical needs ofthe detainee. Staff documents all treatment attempts, including attempts to persuade hunger striker of medical risks. This component is only applicable for SPCs and CDFs. Medical staff is directed to record all treatment attempts, including attempts to inform hunger strikers ofmedical risks. Staff has received training in identi?cation of hunger strikes. Medical staff receives early training in hunger-strike evaluation and heatment. Staffremains current in evaluation and treatment techniques. All detention staff receives initial training in the identi?cation, referral and management of hunger strikes as part ofa review of emergency plans. The takes place during six~week new officer training. Medical staff receives training regarding the evaluation and treatment ofhunger strikes during orientation and again annually. ACCEPTABLE CI DEFICIENT El REPEAT FINDING REMARKS: Facility and medical policies and procedures for hunger strikes are comprehensive and conform to the detention standards. Procedures are in place to protect the health and well-being of hunger strikers. .nterviews and a review oftraining records indicate staff is instructed in the recognition, referral and management ofhunger striking detainees. There were no hunger strikes by ICE detainees since the last inspection. October 20 SIGNATURE - Page 38 of 88 (b)(7)e (b)(7)e (b)(7)e (b)(7)e (b)(7)e (b)(7)e (b)(7)e (b)(7)e (b)(7)e (b)(7)e (b)(7)e (b)(7)e (b)(7)e 2012FOIA3030.009080 ACCESS TO MEDICAL CARE POLICY: EV ER Ll'l'Y WILL AND AN ACCR PROGRAM FOR 11-] GEN ERAL WELL-BEING or DETAINEES. COMPONENTS YES NO NA REMARKS The facility has suf?cient space and equipment to afford detainee privacy when receiving health care. El CI The health services unit has sufficient Space to alTord privacy during examinations and treatmenL There are four examination rooms and two treatment rooms within the unit. Additional examination rooms are located in the ICE and women's unit. The medical facility has its own restricted-access area. The restricted access area is located within the con?nes of the This component is only applicable for SPCs and CDFs. The health services facility is secure perimeter. El within the secure perimeter and has restricted access. The medical facility entrance includes a holding/waiting room. This component is only applicable for SPCs El K4 and CDFs. A holding area is located at the entrance to the medical unit. The medical facility?s holding/waiting room is under the direct supervision of custodial staff. This component is only applicable for SPCs and CDFs. The holding room is under the direct supervision ofa detention of?cer. Detainees in the holding/waiting room have access to a drinking fountain. This component is Only applicable for SPCs and CDFs. Although the holding area does not have a water fountain, water can be obtained upon request. Medical records are kept apart from other ?les. They are: - Secured in a locked area within the medical unit; 0 With physical access restricted to authorized medical staff; and - Procedut'ally, no copies made and placed in detainee ?les. The contract medical vendor maintains an electronic medical record (EMR). Access to the EMR is user identi?cation and password protected. Access is restricted to medical personnel. Pharmaceuticals are stored in a secure area. This component is only applicable for SPCs and CDFs. Medications are stored in locked storage carts or in a pharmacy. The carts are stored in the pharmacy when not in use. The pharmacy has solid concrete walls from the floor to the true ceiling. The door is metal and security glass and is secured with a builder's hardware locking device. Medical screening includes a Tuberculosis (TB) test. 0 Every arriving detainee receives a TB test during the admission process; 0 Detainee?s TB-screening does not occur more than one business day a?er his/her arrival at the facility; and 0 Detainees not screened are housed separate from the general population. Medical screening for Tuberculosis (TB) is done during the intake process. Prior to placement in a housing unit, ifthe TB slams ofthe ICE detainee is not know, a digital chest x-ray is obtained for all male ICE detainees. Females are processed through a separate booking area and receive a TB skin test. X-rays are administered to females only ifdetermined to be necessary and after pregnancy has been ruled out. X-rays are interpreted by radiologists at the University of Maryland within four hours. 1 . 2012FOIA3030.009081 Page 40 of88 9 ACCESS TO EDICAL CARE EVERY FACILITY WILL JISH AND AN l-l PROGRAM FOR TH GENERAL. WELL-BEING or ICE DETAINEES. COMPONENTS YES NO NA REMARKS All detainees receive a mental-health screening upon arrival. It The portion of this component that requires is conducted: a detainee to receive a mental health I By a health care provider or specially trained of?cer; screening before being assigned to a and housing unit is speci?c to SPCs and CDFs. 0 Before a detainee?s assignment to a housing unit. Trained medical staff performs mental health screening prior to a detainee?s placement in a housing unit. The facility health care provider reviews all 1-7945 (or equivalent) to identify detainees needing medical attention. This component is only applicable for SPCs and CDFs. Medical and mental health screening is performed by medical personnel and again, reviewed by a nurse The health care provider physically examines/assesses arriving detainees within 14 days of admission/anival at the facility. A review of 5 ICE detainee medical records revealed that all had physical asseSSments within 14 days ofarrival. The assessments are performed by Registered Nurses (RN) that have been trained by a Physician. Downtentation of the training was reviewed. All assessments performed by RNs are reviewed and signed by a Physician or Physician Assistant- Detainees in the Special Management Unit have access to health care services. Detainees in the SMU have the same access to care as the general population. A Nurse makes contact with each detainee in the SMU at least once each day. Staffprovides detainees with health services (sick call) request slips daily, upon request. 0 Request slips are available in languages other than English, including every language spoken by a sizeable number ofthe facility?s detainee population. - Service~request slips are delivered in a timely fashion to the health care provider. The requirement for staff to provide detainees with health services (sick call) request slips daily, upon request and the request slips are available in languages other than English, including every language spoken by a sizeable number of the facility's detainee population is speci?c to SPCs and CDFs. Sick call request slips are readily available in English and Spanish. A Nurse collects the forms from a locked box at least once per day. The facility has a written plan for the delivery of 24-hour emergency health care when no medical personnel are on duty at the facility, or when immediate outside medical attention is required. Medical personnel are on?site at all times. The facility?s Medical Emergency policy provides guidance to staff when immediate outside medical attention is required. The plan includes an on-call provider. This component is only applicable for SPCs and CDFs. An on-call provider list is maintained in the medical department. The plan includes a list of telephone numbers for local ambulance and hospital services. This component is only applicable for SPCs and CDFs. The telephone numbers of the local hospital and ambulance service is located in the Control Center. The plan includes procedures for facility staff to utilize this emergency health care consistent with security and safety. This component is only applicable for SPCs and CDFs. Medical Emergency policy describes obtaining emergency care consistent with security and safety 2012FOIA3030.009082 Page 41 of 88 ACCESS TO MEDICAL CARE POLICY: EVERY FACILITY WILL AND MAINTAIN AN liAL'l?Il PROGRAM FOR THE GENERAL or ICE COMPONENTS YES NO NA REMARKS Detention staff is trained to respond to health-related emergencies within a 4-minute response time. CI The facility has on-site medical staf?ng 24 hours per day, seven days per week. All medical and detention staffis trained in cardiopulmonary resuscitation and first aid. There is no place within the facility that cannot be accessed by trained personnel in less than four minutes. Where staff is used to distribute medication, at health care provider properly trains these of?cers. This component is only applicable for SPCs and CDFs. Only medical staff distributes medications. The medical unit keeps written records of medication that is distributed. The facility uses a computerized medical administration record to document when medications are distributed. The Form I-819 (or IGSA equivalent) is used to notify the Warden/Facility ofa detainee that has special medical needs. This component is only applicable for SPCs and CDFs. The HSA meets with the Warden at least to discuss detainees with special needs. Detainees with immediate special needs regarding activities of daily living are relayed to the appropriate authorities. A signed and dated consent form is obtained from a detainee before medical treatment is administered. Both the contract medical provider and the II-ISC personnel obtain consent for treatment from detainees during their screening processes. Detainees use the [-813 (or IGSA equivalent) to authorize the release of con?dential medical records to outside sources. Detainees sign a Release ofMedical Information Form when records are requested or releaSed from or to outside sources. The facility health care provider is given advance notice prior Pursuant to the HSA, the facility is usually to the telease, transfer, or removal ofa detainee. given notice at least 24 hours prior to release, transfer of removal of an ICE detainee. Detainee's medical records or a copy thereof, are available and A medical summary is prepared and transferred with the detainee. accompanies detainees when they are El transferred. Complete medical records are seldom sent unless required to ensure the continuity ofcare. Medical records are placed in a sealed envelope or other When medical records are sent with a container labeled with the detainee's name and A-number and K4 El transfening detainee, they are placed in a marked sealed envelope and properly marked. ACCEPTABLE DEFICIENT REPEAT 2012FOIA3030.009083 Page 42 of 88 REMARKS: Medical, dental and mental health care are provided by PCM, the contract medical vendor. IHSC personnel are also on-site and perfomi medical intake screening for male ICE detainees and assist in the medical staging of all ICE detainees being deported or transferred. They do not provide routine or emergency health services to ICE detainees. Medical, mental health and dental services are provided in a spacious environment that is adequately staffed and is equipped with modern technology. A review of ICE detainee health records indicated detainees with acute and chronic needs are identi?ed during the intake screening and physical assessment processes. Chronic care clinics are utilized to monitor detainees with long standing illnesses. The review ofrecords also showed that health care needs are met in a timely manner and access to routine and urgent health care services is not inhibited. The health services unit is currently accredited by the National Commission on Correctional Health Care. There were two deaths at this facility since the last inSpection. Neither death involved an ICE detainee. One death was ofa detainee on a work release program. The detainee was in a hole that collapsed and he died of suffocation. Facility medical staff was not called to respond to that incident. The other death occurred in the facility and was alleged to be due to an assault. The cause and circumstances surrounding the death are still under investigation. The HSA indicated medical reSponse to the scene was within three minutes and an ambulance response was within nine minutes. The detainee was pronounced dead at the local hospital. har - Although non-ICE dc ., es ar dical services, ICE detainees are exempt from these fees. SIGNATU 2012FOIA3030.009084 Page 43 of 88 SUICIDE PREVENTION AND INTERVENTION POLICY: STAFF WORKING WITH ICE WILL BE RECOGNIZE SUICIDE-RISK INDICATORS. AFF Will I HANDLE INDIVIDUAIS SENSITIVITY. SUPERVISKDN, AND REFERRALS. A CLINICALLY SUICIDAL DEI WILI. Rlit?lil?VIi PREVENTIVE AND COM PQN YES NO NA Every new staff member receives suicide-prevention training, Every new detention of?cer receives training Suicide-prevention training occurs during the employee in the recognition, referral and management Orientation program. of potentially suicidal detainees. A 2.5 hour course is provided durmg new officer training. The training is conducted prior to workin?g with detainees. Training prepares staffto: The lesson plan and training slides for suicide 0 Recognize potentially suicidal behavior; prevention and intervention were reviewed. 9 Refer potentially suicidal detainees, following facility K4 The training prepares staffto properly procedures; and 0 Understand and apply suicide-prevention techniques. recognize, refer and monitor potentially suicidal detainees. A health-care provider or specially trained of?cer screens all detainees for suicide potential as part ofthe admission process. 0 Screening does not occur later than one working day after the detainee?s arrival. Medical personnel screen all detainees for suicide potential as part of the intake screening process. This is performed within four hours of the deta ince's anal and prior to assignment to a housing unit. Written procedures cover when and how to refer atvrisk detainees to medical staff and procedures are followed. Suicide Prevention Policy of the facility operation manual and medical policy G-OS, K4 El El Suicide Prevention Program, provides guidance to staff for the referral of at-risk detainees. ?The facility has a designated isolation room for evaluation and The facility has a block ofcells designated reatment. for suicide watch. The designated isolation room does not contain any structures or The suicide watch rooms do not contain smaller items that could be used in a suicide attempt. small or sharp objects that could be need in a suicide attempt. Detainees on suicide watch are placed in a suicide smock and provided a mattress. Medical staffhas approved the room for this pin-pose. El CI The medical staff has approved the room for Suicide watch and observation. Staff observes and documents the status of a suicideuwatch detainee at least once every 15 minutes. El Cl Detainees on close observation suicide watch are ob3eived at least every 15 minutes. ACCEPTABLE DEFICIENT REPEAT FINDING SIGNATURE REMARKS: All staffis trained in the recognition, referral and management ofpotentially suicidal detainees. Training occurs during new employee pre-service training and refresher training is provided annually. Policy and procedures protect the health and well-being of detainees on suicide watch. Interviews with medical and detention staff indicated they are familiar with suicide prevention policies and procedures. Several detainees were observed on suicide watch during the time of this inspection. Staff provided preventive supervision and managed the potentially suicidal detainees with sensitivity. There were six suicide attempts since the last inspection. One ofthe attempts was by an ICE detainee. attempts occurred in the detainee?s housing area by hanging and none were successful. A review of after-action documentation indicated detention and medical staff response was appr Page 44 of 88 r? TERMINAL ILLNESS, ADVANCED I POLICY Al .I. FACILITIES HOUSING ICE SH ALL HAVE POLICIES AND PROCEDURES ADDRESSING THE ISSUES INAL ILLNESS OR I OCCURS WHILE iN TRANSIT. RELATED NO'i'irriCA'riorss. INJURY, MEDICAL ADVANCED DIRECTIVES, AND DEATH. TO INCLUDE THF. PROCEDURES TO ENSURE PROPER NOTIFICATION IS PROVIDED TO ICE OFFICIALS, FAMILY MEMBERS AND OTII INTERESTED IN I A DETAIN BECOMING ILL OR INIURED OR DEATH OF A DE IRS. IN ADDITION, THE POI WILL COVER PROCEDURES TO BIL IF THE DEATH A CHECK THIS Box IF TH 1-: DOES NOT ACCEPT ICE DETAINEES WHO ARE SEVERELY 0R TERM NA IN THE APPROPRIATE Box FOR THIS PORTION OF THE won ALWAYS COMPLETE ALL REFERENCES 10 DEA'i?ll AND I Yes No NA REMARKS I Detainees who are chronically or terminally ill are transferred to The facility does not routinely accept an appropriate offsite medical facility. detainees who are terminally ill but will accept detainees requiring ?equent chronic care monitoring. Detainees who develop medical or mental health conditions beyond the scope of the facility are transferred to a more apprOpriate location. The facility or appropriate ICE office noti?es the next The facility noti?es ICE when detainees are of kin ofthe detainee's medical condition, to include: housed in an outside medical facility. ICE is The detainee's location; and El El El responsible for notifying the next ofkin a The placed on visiting regarding l'I'lC location and visiting restrictions. There are guidelines addressmg the State Advanced Directive Medical policy L04, End of Life Decision -onn for Implementing Livmg Wills and Advanced DirectivesMaking, prevrdes gurdance to A The gurdelures include instructions for detainees who l. in will nd adva CC directives wish to have a living will other than the generic form El 6" a .n the DIHS provides or who wishes to appoint another to Grantees. ?Pay appoml ?Other person ?0 . . . make decrsrons for them. make advance decrsrons for him or her. The guidelines provide the detainee the opportunity to have a The HSA states that detainees would likely private attorney prepare the documents. be permitted to have a private attorney prepare advance directives; however, policy guidelines are silent on this issue. There is a policy addressing "Do Not Resuscitate Orders? Medical policy 1-04, End of Life Decision )3 El Making, adequately addresses Do Not Resuscitate Orders (DNR). Detainees with a "Do Not Resuscitate" order in the medical Detainees with a DNR would be housed in record receive maximal therapeutic elTorts short of resuscitation? the local hospital and would not be routinely housed within this facility. Local security and medical policy do not specifically ?3 El address maximal therapeutics efforts. The community medical standard is to provide maximal therapeutic efferts, short of resuscitation, to detainees with a DNR on file. The facility noti?es the DIHS Medical Director and Detainees with a DNR would be housed in Headquarters? Legal Counsel of the name and basic the local hospital and would not routinely be circumstances of any detainee with a "Do Not Resuscitate" order housed within this facility. The facility in the medical meord. [n the case oflGSAs, this notification is 53 El El would notify ICE when a detainee has a DNR made through the local ICE representative. on file. ICE would notify the Medical Director of the IHSC and the Headquarters? Legal Counsel. The facility has written procedures to address the of organ Medical policy, End of Life Decision donation by detainees. Making, requires the facility notify ICE when an ICE detainee makes a requeSt to be an organ donor. Page 45 of88 AND DEATH POLICY ALL HOUSING ICE SHAH. I'lAVli POLICIES AND PROCEDURES ADDRESSING THE ISSUES ILLNESS OR I URY, MEDICAL ADVANCED DIRECTIVES, AND DEATH, TO INCLUDE TO ENSURE PROPER IS PROVIDED TO ICE FAMILY AND 0 I'll [Sit TN EVliN'l' A BECOMING OR INJURED 0R DEATH OF A IN THE POLICY PROCEDURES T0 HF TAKEN ll" 'l'l?l (WA AlNlili OCCURS WHILE IN TRANSIT . CI melt BOX THE nous NOT ACCEPT WHO ARE SEVERELY on ILL. NA IN Tut: Box FOR 't?t-tls PORTION or 't?ltli ALWAYS COM ALL 'ro DEATH AND RELATED NoTurtgA'rIONs. COMPON tcN'rs Yes No NA REMARKS The facility has written procedures to notify ICE of?cials, Pursuant to the AFOD, the facility noti?es deceased family members and consulates, when a detainee dies )3 I: ICE when an ICE detainee dies and while in Service. makes the noti?cations of consulates and family. The faciliry has a policy and procedure to address the death of a Transportation Team post orders adequately detainee while in transport. I: I: re?ects the national detention standards for an detainee's death while in transport. At all ICE locations the detainee?s remains of in ICE and facility staff coordinates the accordance with the provisions detailed in this standard. I: disposition of detainee remains in accordance with the requirements of the detention standard. In the event that neither family nor consulate claims the remains, Pursuant to the AFOD, an indigent's burial the Field Of?ce schedules an indigent?s burial, consistent with will be provided if the family or consmate local procedures. does not claim the detainee's body. 0 If the detainee?s is a U.S. military veteran, is the Additionally, if the deceased detainee is a Department of Veterans Affairs noti?ed? U.S. military veteran, the Department of Veterans Affairs is notified. An original or certi?ed copy ofa detainee?s death certi?cate is There have been no deaths detainees placed in the Subject?s a-?le. at this facility since the last inspection; >3 El however, a review of ?les from previous deaths detainees shows the death certi?cate is placed in the subject's A-?le. The facility follows established policy and procedures describing There have been no deaths of ICE detainees when to contact the local coroner regarding such i35ues as: at this facility since the last inspection; 0 Performance of an autopsy; however, a review of ?les frOm previous - Who will perform the autopsy; El I:l deaths of detainees shows facility staff 0 Obtaining state approved death and Procedures for . Local transportation of the body, performance of an autopsy, transportation of the body and obtaining death certi?cates. ICE staff follows established procedures to properly close the There have been no deaths of ICE detainees case ofa deceased detainee. at this facility since the last inspection. A review of ?les from previous deaths of detainees shows staff follows established procedure to close these ?les. ACCEPTABLE I:l DEFICIENT AT-RISK REPEAT FINDING REMARKS: Policy and procedures are in place that address temtinal illness, advance directives and death, as well as the required noti?cations of family, consulates and ICE personnel. The ?ndings are based upon a review of the policies and documentation. and/or interviews of both facility and ICE staff. The previous inspection found that there were no written guidelines that addressed the ability for detainees to have advance directives prepared by a private attorney. been corrected. 2012FOIA3030.009087 Page 46 of88 ddress this item and at the time of this inapection, the item had not SECTION SECURITY AND CONTROL STANDARDS Page 47 of 33 ONTRABAN POLICY: ALL DETENTION FACILITIES WILL ENSURE THE PROPER AND DISPOSAL OI: ALI. CONTRABANDI DOCUMENTATION OF DESTRUCTION IS REQUIRED. YES NO NA REMARKS The facility follows a written procedure for handling illegal The portion ofthis component that requires contraband. Staff inventory, hold, and report it when necessary staff to inventory, hold and report comraband to the proper authority for action/possible seizure. when necessary to the proper authority for action/possible seiZure is speci?c to SPCs and CDFs. The facility?s Procedures Manual provides policy and procedural information regarding the management ofillegal contraband. 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. According to policy, contraband that is government property is retained as evidence for potential disciplinary action or criminal prosecutiOn. It is stored in an evidence locker, located in the Control Center, until the completion of an appropriate investigation. Staff returns preperty 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. Preperty not needed as evidence is retumed to the proper authority, and written records are maintained. Written procedures are found in the facilityS Procedures Manual. Altered property is destroyed following doctunentation and using established procedures. This compenent is only applicable for SPCs and CDFs, According to policy, an officer who physically destroys or discards contraband or altered property is observed by another staff member, who is required to document this procedure. Before con?scating religious items, the OIC or designated investigator contacts a religious authority. This component is only applicable for SPCs and CDFs. Per policy, the clergy is consulted prior to diapositiOn of religious items. This Contact may be initiated by the Shift Captain or above. Staff follows written procedures when destroying hard contraband that is illegal. Hard contraband that is illegal (under criminal statutes) may be retained and used for official use, e.g. training purposes. If yes, under speci?c circumstances and using specified written procedures. Hard contraband is secured when not in use. El This component is only applicable for SPCs and CDFs. Per policy, contraband may be kept for of?cial use, such as a training tool. Items of this nature are required to be secured in the Training Department. ACCEPTABLE El DEFICIENT El REPEAT FINDING 2012FOIA3030.009089 Page 48 of88 REMARKS: All new staff is issued a copy ofthe York County Prison Procedures Manual and Standards for Adult Detention Facilities This manual is reviewed and revised as needed on a yearly basis, to include Contraband Procedures. According to staff interviewed, frequent facility searches, non-contact visiting and intake procedures help reduce contraband. Types of allowable property, the de?nition of contraband and other issues regarding the inspections of persons and property are also explained in the current edition of the facility handbook. Nuisance contraband is de October 2 Aunrron?s I 2012FOIA3030.009090 Page 49 of 88 DETENTION FILES POLICY: EVERY FACILITY WILL. ('lUiA'l'Ii A FILE FOR EVERY ICE BOOKEI) INTO THE ONLY SCHEDULED TO WITHIN 24 HOURS. THE FILF. Will. COPIES AND, IN SOMF. CASES, THE ORIGINAL 0F SPECIFIED DOCUMENTS CONCERNING THE STAY IN THE FACIIJTY: CI MEDICAL PROPERTY SHEET, DISCIPLINARY DOCUMENTS. FTC. COM ENTS YES NO NA REMARKS A detention file is created for every new arrival whose stay will exceed 24 heurs. Upon admission, a detention ?le is created on each detainee. Information is also entered into an electronic system. Hard copies of information entered into the electronic system are included in a detainee file. There is a ?le maintained on the unit by the Counselor, which includes all infonnation generated on a detainee during his con?nement at this facility. When a detainee is transferred from this facility, his counselor file is combined with the facility detention ?le and archived. The detainee detention ?le contains either originals or copies of documentation and forms generated during the admissions process. The detention file and the Counselor ?le contains originals or copies ofall documents generated during the detainee admission process, as well as documents generated during a detainee's confinement at this facility. The detainee?s detention file also contains documents generated during the detainee?s custody. - Special requests 0 Any 6?5893 and/or I-7?7s closed-out during the detainee?s stay 0 Disciplinary forms/Segregation forms - Grievances, complaints, and the disposition(s) ofsame The detention files are located and maintained in a secure area. If not, the cabinets are lockable and distribution of the keys is limited to supervisors. The portion of this component that requires detention ?les to be in lockable cabinets with the keys limited to supervisors ifthe ?les are not maintained in a secure area is speci?c to SPCs and CDFs Detention ?les are stored in secure areas. The detention file remains active during the detainee?s slay. When the detainee is released from the facility, staffadds copies ofcompleted release documents, the original closed?out receipts for property and valuables, the original 1-385 or equivalent, and other documentation. The of?cer closing the detention File makes a notation that the ?le is complete and ready to be archived. Staff makes copies and sends documents from the file when properly requesred by supervisory personnel at the receiving facility or of?ce. I 2012FOIA3030.009091 Page 50 of88 DETENTION FILES POLICY: EVERY WILL C'RliA'l'li A FILE FOR EVERY ICE INTO THE FACILITY. EXCLUDING ONLY T0 WITHIN 24 HOURS. AND. IN SOME CASES. Till". or: SPECIFIED CONCERNING THE IN MEDICAL INVENTORY SHEl'il, ETC. Yes No NA REMARKS Appropriate staff has access to the detention ?les, and other Based upon the different ?les available, the departmental requests are accommodated by making a requesr only ?le which sta??may be interested in for the ?le. Each ?le is properly logged out and in by a viewing is the counselors ?le. Staffreported representative of the rCSponsible department. that supervisors, Deputies, and the Warden have access to these ?les, upon request. There was no logging system to record when ?les were removed from the counselors of?ce. Institution detention ?les are not removed from the record room, nor is there any request to remove these ?les. ACCEPTABLE CI AT-RISK Cl REPEAT FINDING REMARKS: Based upon a review of the documentation, interviews ofstaff, and observation of the ?le storage systems at this facility, it was determined that the creation and maintenance of detention ?les is consistent with the expectations of the detention standard. Detention ?les are kept in secure areas but there is no 5 stem in - ace to log out ?les that are removed Erom storage areas. SIGNATURE I DA 2012FOIA3030.009092 Page 51 of 88 DISCIPLINARY POLICY ALL FACILITIES ICE DETAINEES ARE AUTHORIZED TU IMPOSE 0N DETMNEES WHOSE BEHAVIOR IS NOT IN . Pomcv: - COMMANCE wn'n RULES AND COM PON Yus REMARKS The facility has a written disciplinary system using progressive levels of reviews and appeals. No CI The facility rules state that disciplinary action shall not be capricious or retaliatory. El NA Written rules prohibit staiT from imposing or permitting the following sanctions: 0 corporal punishment 0 deviations from normal food service All bulleted items ofthis component are clothing deprivation El El referenced in both facility policy and the - bedding deprivation Staff Code of Conduct. 0 denial of personal hygiene items 0 loss of correspondence privileges deprivation of physical exercise The rules of conduct, sanctions, and procedures for violations All detainees are provided a written copy of are de?ned in writing and communicated to all detainees the handbook during the intake process. In verbally and in writing. Ki l:l l:l addition, a video orientation is provided, and further explanation is available to detainees by staff as needed. The following items are conspicuously posted in Spanish and English, and other dominate languages used in the facility: 0 Rights and Responsibilities - Prohibited Acts I Disciplinary Severity Scale 0 Sanctions The requirement to post "Prohibited Acts", the "Disciplinary Severity Scale", and the "Sanctions" is speci?c to SPCs and CDFs. Rights and responsibilities, along with prohibited acts, disciplinary severity scale and sanctions are included in this facility's handbook in English and Spanish, but are not posted. When minor rule violations or prohibited acts occur, informal resolutions are cn00uraged. This component is only applicable for SPCs and CDFs. Per policy and practice, discretionary decision-making is permitted by captain?level staff regarding minor rule violations and on a case-by-case basis. Incident reports and Notice ofCharges are forwarded to the designated supervisor. This component is only applicable for SPCs and CDFs. Typically, supervisom are provided incident reports by the end ofthe same shift. A decision to serve charges will occur shortly thereafter if warranted, and after other necessary documents and reports are reviewed. Incident reports are investigated within 24 hours of the incident. The Unit Disciplinary Committee (UDC) or equivalent does not com/ens before an investigation ends. An intermediate disciplinary process is used to adjudicate minor infractions. Supervisors and above are typically consulted when the optiOn for intermediate disciplinary sanctions is possible. 2012FOIA3030.009093 Page 52 of 88 COMPI WITH RULES AND COM YES POLICY: ALI. HOUSING ICE AlleliS ARli AUTHORIZED TO IMPOSE DISCIPLINE 0N WHOSE BEHAVIOR IS IN NA REMARKS disciplinary panel [or equivalent in IGSAs) adjudicates infractions. The panel: Conducts hearings on all charges and allegations referred by the Considers written reports, evidence, and oral testimony; Hears pleadings by detainees and staffrepresentatives; ?3 Bases its ?ndings on the preponderance of evidence; and Imposes only authorized sanctions statements, physical The bulleted sections of this component are speci?c to SPCs and CDFs. The disciplinary panel is known as the Hearing Committee. The committee's duties are explained in the facility handbook and include conducting hearings on all charges and allegations referred by the unit disciplinary committee; considering written reports, statements, physical evidence and oral testimony; hearing pleadings by detainees and staff representatives; basing findings on the preponderance of evidence; and imposing only authorized sanctions. A staff representative is available if requested for a detainee facing a disciplinary hearing This component is only applicable for SPCs and CDFs. The detainee preparing to appear in front of the Hearing Committee may requesL through the assigned counselor, a staff representative. The facility permits hearing postponements or continuances when conditions warrant such a continuance documented. Reasons are K4 The duration of punishment set by the OIC, as recommended by the disciplinary panel, does not exceed established sanctions. The maximum time in disciplinary segregation is limited to 60 days for a si?offense. Punishinent guidelines and established sanctions are explained in facility poliCy. ritten procedures govern the handling of con?dential- informant recognizing ?substantial evidence" information. Standards include criteria for In the event con?dential informant information is received, Deputy Wardens confer with the Shift Supervisor to evaluate the information and the best course of action regarding the safety and security of the informant. This procedure is followed on a case-by-case basis. All forms relevant to the incident, investigation, committee/pane] . . . reports, etc., are completed and distributed as required. A ACCEPTABLE El DEFICIENT Cl AT-RISK REPEAT FINDING REMARKS: According to the facility/s Procedures Manual, any incident which may culminate in the issue of charges to a detainee requires a complete investigation and review of written and submitted reports. During the previous year?s review, the facility was found to be non-compliant for the component regarding the conspicuous posting of Rights and Responsibilities in Spanish and English. Facility administrators indicated there was no change from the previous year's practice. This information is included in the handbook. Postponements of hearings may occur for any reason. In any event, the committee confirms the detainee has been served with a copy ofcharges and is aware that a Staff reresentative is ossible. SIGNATURE 2012FOIA3030.009094 Page 53 of 88 l7 EMERGENCY (CONTINGENCY) PLANS POLICY Ali. FACILITIES HOLDING ICE WILL Wl'l?ll A STANDARDIZFD PLAN To THE or HUMAN LIFE AND THE or PROPERTY. IT Is RECOM MENDED THAT SPCs AND CDFs ENTER INTO AGREEM VIA MEMORANDUM or UNDERSTANDING (MOU), Wt't'I-l AND STATE TO ASSIST IN (strangling. COM No NA REMARKS Policy precludes detainees or detainee groups from exercising The policy precluding detainees or detainee control or authority over other detainees. El El groups from exercising control or authority over other detainees is referenced in the staff Code of Conduct. Detainees are protected from: 0 Personal abuse 0 Corporal punishment 0 Personal injury K4 0 Disease 0 Property damage 0 Harassment from other detainees Staff is trained to identify signs of detainee unrest. Staff is trained to identify signs ofdetainec What type of training and how often? unrest in a classroom setting during both initial and refresher training for both Emergency Plans and the StaffCode of Conduct. Strategies for recognizing the facilitys climate are discussed. Staff effectively disseminates information on facility climate, Log notes, incident reports and one-on-one detainee attitudes, and moods to the Of?cer In Charge (OIC) phone contact help disseminate information regardm facility climate. There is a designated person or persons responsible for The Deputy Warden of Operations is emergency plans and their implementation. Sufficient time is W. responsible for emergency plans and their allotted to the person or group for deVelopment and A implementation. The plans are revieWed on .implementation of the plans. an annual basis or sooner if needed. The plans address the following issues: 0 Con?dentiality Accountability (copies and storage locations) El El 0 Annual review procedures and schedule 0 Revisions Contingency plans include a comprehensive general section with Tabs within the volume delineate most procedures applicable to most emergency situations. emergency situations along with a El comprehensive general section. Specific procedures and checklists accompany these sections. The facility has cooperative contingency plans with applicable: This component is only applicable for SPCs 0 Local law enforcement agencies and CDFs. Memos of understanding and 0 State agencies letters of agreement are in place with other a Federal agencies law enforcement agencies like the local police department and the sheriff's El department. Statute provides the authority of the State Police to assmne certain duties in the event ofa facility emergency. ICE staff (a federal agency) are located on site and are ?illy integrated into the facility?s daily Operations. All staff receives copies of Hostage Situation Management This component is only applicable for SPCs policy and procedures. and CDFs. Staff is provided copies of HOStage Situation Management policy and procedures in training materials. They have access to this infonnation further in the facility?s written emgeney plan. 2012FOIA3030.009095 Page 54 of 88 EMERGENCY (CONTINGENCY) PLANS POLICY ALL Ho ICE DETAIN tiL-?S WILL RESPOND '10 EM A STANDARDIZIED PLAN TO INIM Izr 'l'l-t 1-. I-IARMING or HUMAN LIFE AND THE DESTRUCTION OF PROPERTY. 11? Is ECOMMEN DH) IAT SPCs ENTER INTO . VIA MEMORANDUM or vim-1 Assist in Tigris Qt? COM PON Yes No NA REMARKS Staff is trained to disregard instructions from hostages, This component is only applicable for SPCs regardless of rank. Within 24 hours after release. hostages are and CD135. Training specifying the disregard screened for medical and effects. of instructions from hostages, regardless of rank, is included in the StalTCode of Conduct and is part of Ethics and Professionalism training included in basic training. This information is also included in Armed Transport Post Orders. Emergency plans include emergency medical treatment for staFf This component is only applicable for SPCs and detainees during and after an incident. and CDFs. Outside medical and mental health treatment for staff and detainees during and after an incident are provided. The group mental health treatment is based on a Crisis Intervention model. Food service maintains at least 3 days? worth of emergency meals This component is only applicable for SPCs for staff and detainees. and CDFs. Fourteen days of emergency A meals are maintained by food service at this facility. Written plans identify locations of shut-off valves and switches This component is only applicable for SPCs for all utilities (water, gas, electric). and CDFs. Drawings and floor plans are 7 included in the volume ofemergency plansMarkings on these drawmgs indicate the locations of shut-off valves and switches f0r all utilities. (water, gas, electric) Written procedures cover: 0 Work/Food Strike 0 Disturbances I Escapes 0 Bomb Threats Adverse Weather El 0 Internal Searches 0 Facility Evacuation I Detainee Transportation System Plan I Internal Hostages 0 Civil Disturbances ACCEPTABLE DEFICIENT AT-RJSK REPEAT FINDING REMARKS: The facility's written emergency plan is based upon the Incident Command System (ICS) structure. Staffis trained regarding the content ofthe plan, and participates in emergency drills. Hostage Survival training is included. Detainees also participate in emergency drills on a regular basis, including ?re drills one time each month. There are ?ve copies of the emergency plan kept in speci?c locations, named within the content of the plan. The Deputy Warden of Operations is responsible for reviewing and revising the plan as needed. The local ?re department has a copy of the emergency plan. Outside Crisis Intervention teams may be brought into the facility after any emergency incident for debriefing and to assist staff/victims as needed. 3 2012FOIA3030.009096 Page 55 of 8 ENVIRONMENTAL HEALTH AND SAFETY POLICY: EVERY FACILITY WILL CONTROL TOXIC, MATERIALS A I-IAZARDDUs MATERIALS PROGRAM. THE PROGRAM Witt, INCLUDE, AMONG OTHER THE AND LABELING or HAZARDOUS MATERIALS IN ACCORDANCE WITH APPLICABLE STANDARDS (15.0.. FIRE ASSOCIATION 0t: MATERIALS. AND PJIOCEDURES COM YES TVA REMARKS The facility has a system for storing. issuing, and maintaining inventories ofhazardous materials. El The facility has a system of storing, issuing and maintaining hazardous materials. The facility has one location for distribution, and most products are used through the Ecolab system. inventories are taken ofall products in this area. Constant inventories are maintained for all flarrunable, toxic, and caustic substances usedfstored in each section ofthe facility. The manufacturer?s Material Safety Data Sheet (MSDS) file is up-to-date for every hazardous substance used. 0 The files list all storage areas, and include a plant diagram and legend. 0 The and other information in the ?les are available to personnel managing the facility?s safety program. Material Safety Data Sheet (MSDS) Master Files are located in the maintenance department and the medical department. Area-speci?c MSDS books are located throughout the facility. All personnel using flammable, toxic, and/or caustic substances follow the prescribed procedures. They: - Wear personal protective equipment; and 0 Report hazards and spills to the desijggted of?cial. The are readily accessible to sta?'and detainees in work areas. Hazardous materials are always issued under proper supervision. Quantities are limited; and 0 Staff always supervises detainees using substances. these Cleaning chemicals bottles were noticed throughout the facility that were not labeled. In Block a chemical sprayer was observed out in the open area where ICE detainees and non-ICE detainees had access. Cleaning storage areas were observed unsecure with detainees and non-ICE detainees having access to chemicals. All "?ammable" and "combustible" materials (liquid and aerosol) are stored and used according to label recommendations. Lighting ?xtures and electrical equipment installed in storage rooms and other hazardous areas meet National Electrical Code requirements. The facility has sufficient ventilation, and provides and ensures clean air exchanges throughout all buildings. El Vents return vents, and air conditioning ducts are not blocked or obstructed in cells or anywhere in the facility. Living units are maintained at appropriate temperatures in accordance with industry standards. (68 to 74 degrees in the winter and 72 to 78 degrees in the summer.) Air temperature in the facility averaged between 68 and 70 degrees. Shower and sink water temperatures do not exceed the industry standard of 120 degrees. All toxic and caustic materials are stored in their original containers in a secure area. Excess ?ammables, combustibles, and toxic liquids are disposed .of and in accordance with K4 All disposals of hazardous materials are done through the County Public Works Department. 2012FOIA3030.009097 Page 56 of 88 HEALTH AND SAFETY POLICY: EVERY FACILITY WILL CONTROL FLAMMABLE, TOXIC. AND MATERIALS li-l ROUGH A HAZARDOUS PROGRAM. THE PROGRAM writ. INCLUDE, AMONG OTHER 'I?tltNos, AND LABELING HAZARDOUS MATERIALS IN ACCORDANCE WITH . APPLICABLE (15.0.. FIRE ASSOCIATION 0r- MATERIALS, AND YES No NA REMARKS Staff directly supervise and account for products with methyl alcohol. Staff receives a list of products containing diluted methyl alcohol, shoe dye. All such products are clearly VA labeled. "Accountability" includes such products to detainees in the smallest workable quantities. The facility does not use products with methyl alcohol. Every employee and detainee using ?ammable, toxic, or caustic materials receiVes advance training in their use, storage, and El disposal. The facility complies with the most current edition ofapplicable codes, standards, and regulations of the National Fire Protection Association and the Occupational Safety and Healtlt Administration (OSHA). A technically qualified of?cer conducts the ?re and safety The facility has assigned a Captain who is a inspections. retired Fire Chief to oversee the facility fire safety program. >14 El The Safety Of?ce (or of?cer) maintains ?les of inspection I: El Inspection reports are located in the reports. Maintenance Supervisor's of?ce. The facility has an approved fire prevention, control, and The facility has an approved ?ne prevention evacuation plan. control and evacuation plan. This plan has K4 El been reviewed and approved by the Fire Chiefof the York Area United Fire and Rescue Department on August 15. 201 l. The plan requires: 0 ?re inspections; 0 Fire protection equipment strategically located fire inspections are conducted by the throughout the faciliw; facility staff. Fire extinguishers are located a Public posting of emergency plans with accessible El El throughout the facility. Emergency ?oor building/room floor plans; plans are located throughout the facility. Exit I Exit signs and directional arrows; and signs were also observed. a An area-speci?c exit diagram conspicuously posted in the diagrammed area. Fire drills are conducted and documented in a ?re drill logbook. Fire drills are canducted and documented El A sanitation program covers barbering operations. The barbershop is located in a multi-purpose room, and does not meet the sanitary requirements. El The barber shop ltas the facilities and equipment necessary to meet sanitation requirements. The barbershop does not have a sink with waning water to meet the sanitation requirements. The sanitation standards are conspicuously posted in the barbershop. Sanitation standards are clearly posted in the barbershop area. Written procedures regulate the handling and disposal of used needles and other sharp objects. All items representing potential safety or security risks are inventoried and a designated individual checks this inventory weekly. Medical staff inventory sharps and tools on a daily basis. IZIIXIIXICICIE CIDEIEI EFH ME 5? 3. i m, 2012FOIA3030.009098 Page 57 of 88 ENVIRONMENTAL HEALTH AND POLICY: EVERY FACILITY WILL CONTROL FLAMMABLE, lS'l'lt' MATERIALS 'l'l-l ROUGH A MATERIALS PROGRAM. THE PROGRAM WILL INCLUDE-L, AMONG OTHER THINGS, THF. IDENTIFICATION AND LABELING 0F HAZARDOUS MATERIALS IN writ-t APPLICABLE STANDARDS (ELL. PROTECTION or MATERIALS, AND PROCEDURES COMPONENTS YES NO NA REMARKS act'ces'cud: ., . . an ar gaming pi i in e_ . . The needs some attention in the area - Usmg specrlied equipment, cleansers, dismfectants and . . . . . ofsanitation. Walls need pamtmg and detail detergents. El . . . . cleaning 15 needed In all areas. Bathrooms 0 An established schedule of cleaning and follow-up . . . . . were dirty garbage overflowmg inspections. The facility follows standard cleaning procedures. General cleaning is done on floors, but walls K4 were very dirty and need cleaning and painting Spill kits are readily available. A spill kit is accessible to staffin the cross hallway. A licensed medical waste contractor disposes of infectious/bio- hazardous waste. The facility has a contract with Stericycle to remove infectious/bio-hazardous waste. Staff is trained to prevent contact with blood and other body ?uids and written procedures are followed. Do the methods for handling/disposing of refuse meet all The facility has a contract with Waste DEED regulatory requirements? Management for its refuse removal. A licensed/Certi?edJTrained pest~control professional inspects for mdems? Insems? and vermm' The facility has a contract with Orkin Pest - At least I: Control 0 The pest-control program includes preventative spraying for indigenous insects. Drinking water and wastewater is routinely tested according to a The facility obtains water from the York ?xed schedule. K4 El County Water Company. The water was last tested in January 2010. Emergency power generators are tested at least every two weeks. The facility conducts weekly tests of the Other emergency systems and equipment receive generators and documents these tests. They testing at least quarterly. also have a service contract with Winters 0 Testing is followed-up with timely corrective actions Generator Company to come in every six (repairs and replacements) months for load testing and providing an overall review of all generators. ACCEPTABLE El AT-RISK REPEAT FINDING 2012FOIA3030.009099 Page 58 of 88 REMARKS: The facility has an approved fire prevention, control and evacuation plan that has been reviewed and approved by the Fire Chief ofthe York Area united Fire and Rescue Department. The facility has a contract with Stericycle for its removal ofbio-hazard waste and a contract with Waste Management for its refuse removal. It also has a contract with Orkin Pest control for its vermin and pest control. . For the facility generators, the facility has a contract with Winters Generators. The facility has a plan in place for the storage, control, and distribution of hazardous materials. The facility has a central distribution point for all cleaning supplies, and utilizes the Ecolab system which minimizes contact with the chemicals for both the staff and detainees. Numerous spray bottles were observed both in storage closets and in the barbershop in use, which did not have the proper MSDS labeling. Also in b100k a spray container was observed in the common area unsecured. Several deficiencies have been corrected since the 2010 inspection was conducted to include the following: The facility has assigned a facility Captain who is a retired Fire Chiefand is certi?ed as a fire safety inspector to conduct fire safety inspections. In Food Service several cleaning products were observed without inventories or MSDS Sheets. The facility has since removed the products that did not have MSDS sheets. The facility has updated all ofits MSDS books in the Maintenance and Food Service areas and has placed them into areas that are accessible to staff and detainees. One issue remains de?cient since the last inSpection. The barbershop is located in a multi-purpose room where other activities take place and there is no running water. The facilities position is that this is the only locatiOn available to conduct haircuts and the contract company that comes in a riate sanitation products with them. SIGNATURE FER I WEWEEFEE 2012FOIA3030.009100 Page 59 of 88 HOLD ROOMS IN DETENTION FACILITIES TREATMENT, MOVEM ENT, OR OTHER PROCESSING INTO OR OUT OF THE FACILITY. COMPONENTS YES ND NA POLICY: HOLD ROOMS WILL BE USED ONLY FOR TEMPORARY DETENTION or DETAINEES AWAITING REMOVAL. TRANSFER. EOIR HEARINGS, REMARKS The hold rooms are situated within the secure perimeter. El This component is only applicable for SPCs and CDFs. Hold rooms are located within the secure perimeter in a general intake area, as well as in a designated female only intake area. activating switches are located outside the room. The hold rooms are well ventilated well lighted, and all This component is only applicable for SPCs and CDFs. Lights are controlled and other activating switches are controlled from outside the hold rooms. The rooms are well lit and ventilated. detainees held. The hold rooms contain suf?cient seating for the number of This component is only applicable for SPCs and CDFs. Bench seating is used for staging detainees in hold rooms. There is adequate seating for the numbers ofdetainees being held at any given time. are precluded from use inside hold rooms. Banks, cots, beds, or other related make-shift sleeping apparatus This component is only applicable for SPCs and CDFs. There is no make-shift or permanent sleeping apparatus in the hold rooms. proo f. The walls and ceilings of the hold rooms are tamper and escape This component is only applicable for SPCs and CDFs. The hold rooms are typical concrete block construction with high windows and 14 foot ceilings. Individuals are not held in hold rooms for more than 12 hours. EEG .Male and females are segregated from each other. Detainees under the age of18 are not held with adult detainees. )2 BEDS BEIGE Detainees under the age of 18, adjudicated as adults, are housed in an area with detainees ofa similar age group. items, diapers and wipes. Detainees are provided with basic personal hygiene items such as water, soap, toilet paper, cups for water, feminine hygiene In older facilities, officers are within visual or audible range to Each hold room is equipped with a stainless DCICI CICICI 7 allow detainees access to toilet facilities on a regular basis. A steel toilet and sink combo unit. All detainees are given a pat down search f0r weapons or . . contraband before being placed 1n the room. Officers closely supervise the detention hold rooms using direct supervision (Irregular visual monitoring). 0 Hold rooms are irregularly monitored every 15 This activity is logged. minutes. I Unusual behavior or complaints are noted. When the last detainee has been removed from the hold room, it is given a thorough inspection. There is a written evacuation plan that includes a designated The section of this component that requires of?cer to remove detainees from hold rooms in case of ?re for the evacuation plan to include a and/or building evacuation. designated of?cer to remove detainees from hold rooms in case of ?re and/or building El I: evacuation is specific to SPCs and CDFs. There is an of?cer designated to evacuate hold rooms in an emergency. Written evacuation plans are posted in appropriate locations near hold rooms. 2012FOIA3030.009101 Page 60 of 88 ROOMS IN DETENTION FACILITIES POLICY: HOLD ROOMS WILL m: USED ONLY FOR TEMPORARY or REMOVAL. EOIR HEARINGS. EDICAL MOVEMENT. OR OTHER PROCESSING INTO OR OUT OI: THE FACILTW. COM PON YES NO NA REMARKS An appropriate emergency service is called immediately upon a determination that a medical emergency may exist. ACCEPTABLE CI DEFICIENT REPEAT FINDING REMARKS: The frequent inspection of hold rooms appears to be cursory Sanitation concerns were noted, including wall graf?ti1 floors and ceilings in need ofcleaning and painting. The facility administration has acknowledged this issue and has immediately implemented a plan to repaint hold rooms. While each hold room contains a combo unit, there is no privacy wall or panel in the design. With the close proximity of medical services, screenings are completed ef?ciently. Emergency response by medical professionals is ef?cient. SIGNATURE I - . -. . a 2012FOIA3030.009102 Page 6) of88 KEY AND LOCK CONTROL (SECURITY, ACCOUNTABILITY AND MAINTENANCE) . POLICY I'l IS POLICY TH ICE SERVICE TO AN FOR THE USE, AND MAINTENANCE .1 E1535 COM Poi _Ylas NO NA REM A The security or equivalent in IGSAs, has attended an approved locksmith training program .314 El El The Facilities Manager has attended an approved locksmith training program. The security of?cer, or equivalent in IGSAs, has responsibly for all administrative duties and responsibilities relating to keys, locks etc. le El The Chief Control Captain/Security Officer is IeSponsible for all the administrative duties and responsibilities associated with key control. The security of?cer, or equivalent in IGSAs, provides training to The Training Captain, considered an employees in key control. equivalent position, provides training to employees in key control The security of?cer, or equivalent in IGSAs, maintains The Chief Control Captain/Security Officer inventories ofall keys, locks and locking devices. has been assigned the duty for maintaining A . . inventories of all keys, locks and locking devices. The security of?cer follows a preventive maintenance program The Chief Control Captain follows a and maintains all preventive maintenance documentation. preventive maintenance program schedule on A a quarterly basis, and documentation is maintained. Facility policies and procedures address the issue of compromised keys and locks. The security officer, or equivalent in develops policy and procedures to ensure safe combinations integrity. QOnly dead bolt or dead lock ?mctions are used in detainee accessible areas. Only authorized locks (as speci?ed in the Detention Standard) are usod in detainee accessible areas. is Grand master keying systems are prohibited. All worn or discarded keys and locks are cut up and properly disposed of. Padlocks and/or chains are prohibited from use on cell doors. EEK l3 EIEIDDIZIDCI El 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 Enviromnental Health 7 Manual, Ch. 3; 0 National Fire ProtectiOn Association Life Safety Code 101. The operational keyboard is suf?cient to accommodate all the Most keys are stored on an operational facility key rings, including keys in use, and is located in a keyboard located in the Control Center. Only A secure area. trained, authorized staff is permitted to issue kc from this oint. Emergency keys are available for all areas of the facility. 2012FOIA3030.009103 Page 62 of 88 I Ks? AND IFCIE (ENTROL (SECURITY, ACCOUNTABILITY AND MAINTENANCE) POLICY IT IS THE POLICY OF THE ICE SERVICE TO MAINTAIN AN SYSTEM FOR 'I'l-l US E. AND MAINTENANCE OF ALL COMPONENTS Yes NO NA REMARKS . The facilities use a key accountability system. A chit exchange system is used. Each employee is issued two chits when hired. K4 El Depending onjob title, some positions are permitted an additional chit maintenance staff). Authorization is necessary to issue any restricted key. 7 Authorization for access to a restricted key is . . at the Captain 5 level and above. Individual gun lockers are provided. 0 They are located in an area that permits constant of?cer 7 . In an area that does not allow detainee or ublic access. All staff members are trained and held responsible for adhering to proper procedures for the handling of keys. 0 Issued keys are returned immediately in the event an employee inadvertently carries a key ring home. 0 When a key or key ring is lost, misplaced, or not accounted for, the shift supervisor is immediately The bulleted sections of the component are speci?c to SPCs and CDFs. All bulleted elements ofthe component were found to be explained in procedures. All staff are trained and held responsible for adhering to the prOper procedures for handling keys. Practice appears to be consistent with written noti?ed. . 0 Detainees are not permuted to handle keys aSSIg'ned policy- to staff. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: The Chief Control Captain/Security Officer has been assigned the administrative duties related to managing keys and locks. This position collaborates with the Facilities Manager and Training Captain to ensure the full intent of the components for this standard are met or exceeded. There are three points in the facility where keys are issued to staff: The Control Center, Floor Control and what is known as Block Booth. All issue points complete the same procedures for key accountability with regard to inventories, key tags, a chit system and other procedures. The Chief Control Captain/Security Of?cer is responsible for key control procedures at all issue points. SIGNATU 2012FOIA3030.009104 Page 63 of 88 POPULATION COUNTS POLICY: ALI. DETENTION FACILITIES SHALL ENSURE ACCOUNTABILITY FOR ALI. REQUIRES CONDUCT AT LEAST ONE FORMAL COUNT OF THE POPULATION PER ADDITIONAL FORMAL AND INFORMAL . AS NECESSARY. COMPON EN'rs N0 EM ARKS Staff conduct a formal count at least once each shift. NA El Activities cease or are strictly controlled while a formal count is being conducted. This component is only applicable for SPCs and CDFs. Once a unit has been counted, detainees are released to resume activity prior to the entire facility/s count being cleared. Certain operations cease during formal counts. This component is only applicable for SPCs and CDFs. Certain operations cease for as CI it long as it takes to count detainees. Once counted, operations are resumed, prior to the entire facility?s count being cleared. All movement ceases for the duration of a formal count. This component is only applicable for SPCs and CDFs. Once a housing unit has been counted, detainees are released and movement is resumed, prior to the entire facility's count being cleared. Formal counts in all units take place simultaneously. This component is only applicable for SPCs and CDFs. All units are counted at the same time. Detainee participation in counts is prohibited. This component is only applicable for SPCs and CDFs. At no time are detainees approved for participation in counts. A face-to-photo count follows each unsuccessful recount. This component is only applicable for SPCs and CDFs. In the event the count fails to clear, a face-to-photo count is repeated. Of?cers positively identify each detainee before counting him/her as present. This component is only applicable for SPCs and CDFs. Of?cers positively identify each detainee before counting as present. This is accomplished by use of an imbedded photo on a detainee wrist band, or with the assistance of a hand-held scanner, which, when the wrist band bar code is registered, presents a photo of the detainee on the screen. Written procedures cover informal and emergency counts. - They are followed during informal counts and CI emergencies. The control of?cer (or other designated position) maintains an Out counts are monitored by staffin the I: CI out -count record of all detainees temporarily leaving the facility. Control Center. This training is documented in each of?cer?s training folder. CI CI Training for counts is documented and kept in hard copy form for each stan member, as well as in electronic records, maintained by the Training Captain. ACCEPTABLE El REPEAT FINDING 2012FOIA3030.009105 Page 64 of 88 REM ARKS: The inSpection team observed the 1:00 PM formal count procedures on October 19, 201]. Other facility counts occur at 4:30 PM, I [:00 PM and 4:00 AM. At approximately 12:30 pm. compliance inspectors were escorted to various housing units in the facility, as well as to the Control Center to observe the count process. As each unit was counted and numbers reported, staff released detainees to resume previous movement, activities. or other operations. All numbers Were fully reconciled and count was of?cially declared cleared in the facility at 1:55 pm. I Fi? i E3 2012FOIA3030.009106 Page 65 of 88 POST ORDERS POLICY: ICE PROVIDES ALL NECESSARY FOR CARRYING OUT GUIDANCE TH t:0t_t WHICH Ami: REVIEWED . 3st >14 . COM Every ?xed post has a set of post Orders. 33L '95? Each set contains the latest inserts (emergency memoranda, etc.) and revisions. CI El This component is only applicable for SPCs and CDFs. Staffis familiar with the content of assigned post orders. Each set contains the latest inserts (emergency memoranda, etc.) and revisions issued from the appnopriatc Deputy Warden (Operations or Security) or Warden. One individual or department is responsible for keeping all post? The Deputy Warden of Operations is orders current with revisions that take place between reviews. K4 responsible for keeping all post-orders current with revisions. The IGSA maintains a complete set (central file) ofpost orders. K4 The central file is accessible to all staff. EDD This component is only applicable for SPCs and CDFs. Each staff member has access to a central ?le where all post-orders are stored. The OIC or Contract equivalent initiates/authorizes all post-order changes. [3 El IZIIZIDCI >11 This component is only applicable for SPCs and CDFS. The warden?s signature was observed to be on all amended post orders. The OIC or Contract equivalent has signed and dated the last page of every section. K4 This component is only applicable for SPCs and CDFs. The designated deputy warden has signed and dated the last page of every section, unless the section indicates an amended/revised change. In this case, the warden's signature is included. A review/updating/reissuing ofpost orders occurs regularly and at a minimum, mutually. Procedures keep post orders and logbooks secure from detainees at all times. The post orders for housing units track the event schedule. This component is only applicable for SPCs and CDFs. Log books are managed and controlled by housing staff who secure them ro erl when not in use. This component is only applicable for SPCs and CDFs. An event schedule is included within post orders and is tracked by housing staff, who document group or individual detainee activity. Housing-unit post of?cers record all detainee activity in a log. The post order includes instructions on maintaining the logbook. This component is only applicable for SPCs and CDFs. Housing unit of?cers document El El Ki detainee activity in a log. A code system has been developed to indicate the description of the activity and how to maintain the logbook. ACCEPTABLE AT-RISK REPEAT FINDING 2012FOIA3030.009107 Page 66 of 88 REMARKS: At the start ofeach shift, staff signs a logbook acknowledging their acceptance of the post and their knowledge of the post orders? content. All activities and scheduled events are tracked by housing unit of?cers who are also reSponsible for recording times and types of activities completed by detainees. To record some activities, staff uses an electronic contact apparatus- When swiped, the identity ofthe of?cer and time is electronically entered into a large computerized record-keeping system which can be retrieved for hard copy later. This method is used to assist when documenting the required 15-minute rounds in the SMUs. SIGNATUR 2012FOIA3030.009108 Page 67 0f88 SECURITY INSPECTIONS . POLICY: POST ASSIGNMENTS IN THE l-llGl-l-RISK AREAS. SPECIAL SECURITY PROCEDURES MUST BE FOLLOWED. WILL BE. "1'0 EXPERIENCED PERSONNEL WITH A GROUNDING IN FACILITY OPERATIONS. COM PON Es N0 NA REMARKS he facility has a comprehensive security Inspection policy. The policy speci?es: 0 Posts to be inspected; - Required inspection fomts; - Frequency of inspections; 0 Guidelines for checking security features; and Procedures for reporting weak spots, inconsistencies, and other areas needing improvement The portion of the component that requires for the security inspection policy to Specify the posts to be inspected and the required inspection forms is speci?c to SPCs and CDFs. The 201 1 edition ofthe York County Prison Procedures Manual fully Explains the procedures for ensuring a comprehensive security inspection policy. All bulleted elements of this component are addressed within the content of this policy. Every of?cer is required to conduct a security check ofhisfher assigned area. The results are documented This compenent is only applicable for SPCs and CDFs. Part of each post's acceptance is the requirement to conduct a security check of the assigned area and document the results in the appropriate log. Documentation of security inspections is kept on ?le. This component is only applicable for SPCs and CDFs. Documentation ofseCurity inspections is reviewed at the conclusion of each shift and ultimately sent to the Facilities Manager for review and ?le. 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. Work orders are initiated and followed up on an as needed basis. The Facilities Manager monitors an ongoing list of projects, repairs, and prioritizes accordingly. The front-entrance otther checks the ID ofeveryone entering or exiting the facility. Kt All visits are of?cially recorded in a visitor logbook or electronically recorded. $514 The facility has a secure visitor pass system. Every Control Center of?cer receives specialized training. K4 Due to the number ofjob tasks required in the Control Center, staff assigned to this area is required to complete specialized, on-the- job training. The Control Center is staffed around the clock. Cl Cl This component is only applicable for SPCs and CDFs. The Control Center is staffed 24 hours per day, seven days per week Policy restricts staff access to the Control Center. This component is only applicable for SPCs and CDFs. Neither custodial line staff nor non-custodial staff is permitted to access the Control Center without authorization. Detainees are restricted from access to the Control Center. This component is only applicable for SPCs and CDFs. Detainees are never permitted access to the Control Center. Communications are centralized in the Control Center. This component is only applicable for SPCs and CDFs. Internal and external communications are centralized in the Control Center. 2012FOIA3030.009109 Page 68 of 88 POLICY: POST IN THE [-llCil-l-RISK AREAS, WHERE SPECIAL MUST I?ll} WILL BE TO PERSONNEL Wll?l-i A GROLJNDENG REMARKS Officers monitor all vehicular traf?c entering and leaving the Of?cers monitor all vehicular traf?c entering facility. PE and leaving die facility by utilizing camera surveillance from the Control Center. The facility has a written policy and procedures to prevent the introduction of contraband into the facility or any of its Written procedures govern searches of detainee housing units 7 >4 El and personal areas. Housing area searches occur at irregular times. This component is only applicable for SPCs and CDFs. Searches are conducted on a random basis and at irregular times. Detainees are aware housing area searches occur at irregular times. based on information provided in Lhe handbook. Cl Every search of the SMU and other housing units is documented. DA Storage and Supply rooms, walls, light and plumbing ?xtures, accesses, and drains, etc., undergo frequent, irregular searches. These searches are documented. Walls, fences, and exits, including exterior windows, are ins eeled for defects once each shi?. Cl Visitation areas receive frequent, irregular inspections. El CI ACCEPTABLE DEFICIENT El AT-RISK El REPEAT FINDING 2012FOIA3030.009110 Page 69 of 88 REMARKS: As visitors or detainees move in and out of the non-contact visiting area, they are provided the opportunity to avail themselves of disinfectant supplies to self-clean telephones, chaiis and other surfacesgeneral cleaning occurs, as well as an inspection of the area. AU SIGNATURE 2012FOIA3030.009111 Page 70 ofSS SPECIAL MANAGEMENT UNIT (SMU) (ADMINISTRATIVE STANDARD). POLICY: THE MANAGEMENT UNIT REQI .IIRED IN EVERY FACILITY FROM THE GENERAL TI I SPECIAL UNIT WILL CON SlS'l? or TWO SECTIONS. ONE, ADMINISTRATIVE I ISOLATED FOR THEIR OWN THE OTHER FOR DETAINEES DISCIPLINED FOR (SEE THE MANAGEMENT UNIT COM PON YES NO NA REM ARKS The Administrative Segregation unit provides non-punitive protection from the general pOpulation and individuals undergoing disciplinary segregation 0 Detainees are placed in the SMU (administrative) in accordance with written criteria. El [n exigent circumstances, staff may place a detainee in the SMU (administrative) before a written order has been approved. 0 A COpy of the order given to the detainee within 24 hours. The OIC (or equivalent) regularly reviews the status ofdeta'tnees in administrative detention. I A supervisory of?cer conducts a review within 72 hours of the detainee?s placement in the SMU (administrative). This component is only applicable for SPCs and CDFs. A Program Review Committee is responsible for a review ofstatus for detainees in administrative detention. This occurs within 72 hours of the detainee's placement in administrative segregation. A supervisory of?cer conducts another review after the detainee has spent seven days in administrative segregation, and: 0 Every week thereafter for the ?rst month; and 0 Every 30 days after the ?rst month. . 0 Does each review include an interview with the detainee? - Is a written record made of the decision and the justi?cation? This component is only applicable for SPCs and CDFs. All bulleted elements ofthis cornponent are completed by the Program Review Committee within the time frames shown. The detainee is given a cepy ofthe decision andjusti?cation for each review. 0 The detainee is given an opportunity to appeal the reviewer's decision to someone else in the facility. This component is only applicable for SPCs and CDFS. The detainee receives a copy of any decision and the justi?cation for each review. The appeal process is provided to detainees in the handbook. The OIC (or equivalent) routinely notifies the Field Of?ce Director (or staff of?cer in charge of IGSAs) any time a detainee?s stay in administrative detention exceeds 30 days. 0 Upon noti?cation that the detainee?s administrative segregation has exceeded 60 days, the FD forwards written notice to HQ Field Operations Branch Chieffor DRO. This component is only applicable for SPCs and CDFs. The in-house presence of ICE staff allows for immediate noti?cation/ communication regarding detainee status in administrative detention, including any instance when the detention period exceeds 30 days. Due to movement of the facility, and in the unlikely event the detainee's administrative segregation has exceeded 60 days, the FOD forwards written notice to HQ Field Operations Branch Chief for Detention and Removal Operations. The OIC or equivalent) reviews the case of every detainee who objects to administrative segregation after 30 days in the SMU. a A written record is made of the decision and the justi?cation. . The detainee receives a copy of this record. This component is only applicabie for SPCs and CDFs. The warden or designee reviews the case of every detainee who objects to administrative segregation after 30 days in SMU. Both a written record ofthe decision and justi?cation, and a copy are prepared. A copy is provided to the detainee. 2012FOIA3030.009112 Page 71 of88 SPECIAL MANAGEMENT UNIT (SMU) (ADM Poucv: SPECIAL MANAGEMENT UNIT IN EVERY FACILITY FROM THE GENERAL POPULATION. HE Spec [Al MANAGE-7M liNT UN l'l' WILL CONSIST or'rwo SECTIONS. ONE, I-Iot JSES nemmees lSOl FOR THEIR OWN tuto't'ect'ton; THE OTHER FOR DFTAINEES BEING rou (SEE THE MANAGEMENT UNIT STANDARD). COMPONENTS Yes No NA REMARKS The detainee is given the tight to appeal to the OIC (or This component is only applicable for SPCs equivalent) the conclusions and recommendations ofaay review and CDFs. The detainee is given the right to conducted after the detainee have remained in administrative appeal the conclusions and recommendations segregation for seven consecutive days. of any review conducted after the detainee has remained in administrative segregation for seven consecutive days. These appeal rights and the process is c0ntained within the handbook. Administrativer segregated detainees enjoy the same general privileges as detainees in the general population. The SMU is: 0 Well ventilated; - Adequater lighted; K4 El - Appropriately heated; and - Maintained in a sanitary condition. All cells are equipped with beds 0 Every bed is securely fastened to the ?oor or wall. The number of detainees in any cell does not exceed the The capacity of administrative segregation occupancy limit. cells is rarely at risk for being exceeded. 0 When occupancy exceeds recommended capacity, do Basic living standards do not decline, since basic living standards decline? there are suf?cient cells with adequate space a Do criteria for objectively assessing living standards ?3 El El for double-bunking. The criteria for exist? objectively assessing living standards are If yes, are the criteria included in the written found in a combination 0f Security written procedures? inspection policy and procedure as well as post orders. The segregated detainees have the same opportunities to exchange/launder clothing, bedding, and linen as detainees in the general population. Detainees receive three nutritious meals per day, from the Detainees receive three nutritious meals per general population?s menu ofthe day. day from the general pepulation's merru. 0 Do detainees eat only with disposable utensils? Detainees housed ii]: adtnijnistratigf Is food ever used as unislunent? segregauon use a 35m: Is 033 spoon as their eating utensil. Food ispnever used as punishment. Each detainee maintains a normal level of personal hygiene in the SMU. - The detainees have the oppOrtunity to shower and K4 shave at least three times a week. 0 Ifnot, explain. 1 2012FOIA3030.009113 Page 72 of 88 SPECIAL MANAGEMENT UNIT (SMU) (ADMINISTRATIVE POLICY: SPECIAL REQUIRED IN EVERY FACILITY ISOLATES CERTAIN DETAINEER FROM THE GENERAL POPULATION. TI IE SPECIAL MANAG UNIT OFTWO SECTIONS. ONE, ADMINISTRATIVE HOUSES FOR OWN THE OTHER FOR BEING DISCIPLINI-D FOR WRONGDOING (SEE THE UNIT STANDARD). COMPONENTS Yes No NA REMARKS The detainees are provided: - Barbering services; 0 Recreation privileges in accordance with the ?Detainee Recreation? standard; - Non-legal reading material; I Religious material; K4 CI El 0 The same correspondence privileges as detainees in tlte general pepulation; 0 Telephone access similar to that of tlte general population; and 0 Personal legal material. A health care professional visits every detainee at least three In addition to the twice per day medication times a week. pass schedule, medical make a The shift supervisor visits each detainee daily. 53 welfare rounds one additional time each day. 0 Weekends and holidays. They also speak with staff to ensure no med ically?related issues or cencerns are unresolved. Procedures comply with the ?Visitation? standard. 0 The detainee retains visiting privileges; and The visiting room is available during normal visiting hours. When safety concerns exist, visitations are facilitated with the assistance ofthe detaiitee?s counselor to ensure safety and security is maintained. Visits front clergy are allowed- Clergy visits are available and permitted upon guest. Detainees have the same law-library access as the general Time slots are made available for dclainees pOpu.a the re uired to use the law lib Else aratcl administrative segregation to have access to or rm K4 the law library. In addition, legal materials 9 are brought to the detainee?s cell when a As?agm' . request is submitted. 0 Are legal materials br0ught to them? The SMU maintains a permanent log ofdetainee?related activity, 7 meals served, recreation, visitors etc. SPC procedures include completing the SMU Housing Record (1-888) immediately upon a detainee's placement in the SMU. 0 Staff completes the feim at the end of each shift. 0 CDFs and facilities use Form [-888 (or local equivalent). The section of this component that requires the use of the Housing Record" 888) immediately upon a delainee's placement in the SMU and for staffto complete the form at the end ofeach shift is speci?c to SPCs and CDFs. An equivalent facility form is used to immediately document a detainee?s placement in administrative segregation. 2012FOIA3030.009114 Page 73 of8 SPECIAL MANAGEMENT UNIT (SMU) (ADMINISTRATIVE POLICY: TH F. MANAGEMENT UNIT REQUIRED IN FACILITY DETAINEES FROM ?l'l-lli GENERAL Tn SPECIAL MANAGEM WILL or TWO SiiCl'lt'JNS. ONE, net ISOLATED FOR Snonuzonrroul? STANDARD). OWN Till? OTHER FUR FOR WRONGDUING 'l'llF MNVAGEMENT UNl'l Yes No NA REMARKS Staff record whether the detainee ate, showered, exercised, and This component is only applicable for SPCs look any applicable medication during every shift. and CDFs. All hulleted elements of this 0 Staff logs record all pertinent inf0rmation, a component are completed by housing staff medical condition, suicidal/assaultive behavior, etc; assigned to the administrative segregation 0 The medical officer/health care professional signs each unit through the use of written logs, Detainee individual's record during each visit; and ?CliVifiCS are individually logged and The housing of?cer initials the record when all detainee recorded by hOUSing Staff 0? a minimal services are completed or at the end ofthe shift. A $3161? has been developed for noting whether the detainee ate, showered, exercised, took medication, etc. Additional pertinent information about medical condition, suicidal/assaultive behavior, etc. is also recorded. Medical professionals sign the log during each visit. At the end ofeach shift or when detainee services are completed, the housing officer initials the record. A new record is created for each week the detainee is in Administrative Segregation. This component is only applicable for SPCs and CDFs. A new record is created for each week the detainee is in administrative segregation. These records are kept in the SMU unit until the detainee's return to general population housing. - The weekly records are retained in the SMU until the DEFICIENT detainee's return to the general population. REMARKS: ACCEPTABLE AT-RISK REPEAT FINDING Administrative segregation cells for males are in a specially designated area of the facility. Female administrative segregation cells are located in a separate area from males. The design includes cell doors requiring an of?cer to manually lock/unlock. Food tray slots are padlocked closed. During meals, tray slots are unlocked and remain unlocked until trays are returned. Some retro?tting has been Completed in order to achieve this door design. A wall corridor containing see through observation panels runs parallel to the row of cells. A shower is at the end of the cell row. Some cells are designed as single cells; some are double bunked. Of?cer logs were reviewed and noted daily detainee activities, as well as the code system used to describe the behavioral nature of the detainees being housed. SIGNATUR 1 2012FOIA3030.009115 Page 74 ofS SPECIAL MANAGEMENT UNIT (DISCIPLINARY SEGREGATION) POLICY: EACH A SPECIAL MANAGEMENT tN wr-ncn [)E'l'AlNliliS FROM THE GENERAL THE SPECIAL MANAGEMENT UNtt' WILL HAVE 'rwo srat't'mNs. ONE. FOR IN ADMINISTRATIVE THE OTHER FOR BEING FOR REASONS. COMPONENTS YES NA REMARKS Of?cers placing detainees in disciplinary segregation follow written procedures. >14 No Cl Cl Written procedures are included in the facilitY?s Procedures Manual. The sanctions for violations committed during one incident are limited to 60 days. Cl A completed Disciplinary Segregation Order accompanies the detainee into the SMU. 4' The detainee receives a copy of the order within 24 hours ofplacement in disciplinary seg?gation. IE Standard procedures include reviewing the cases of individual detainees housed in disciplinary detention at set intervals. 0 After each formal review, the detainee receives a written copy ofthe decision and supporting reasons. The section of the component that requires for detainees to receive. a copy ofthe decision and supporting reasons after each formal review is speci?c to SPCs and CDFs. A procedure is in place to include a process for reviewing the cases of individual detainees housed in disciplinary detention at set intervals. The details of this process are included in facility policy. Detainees are provided a written copy of review decisions and supporting reasons. The conditions ofconf'tnement in the SMU are proportional to the amount ofcontrol necessary to protect detainees and staff. El Detainees in disciplinary segregation have fewer privileges than those housed in administrative segregation. El Cl Living conditions in disciplinary SMUs remain the same regardless of behavior. - Ifno, does Staffprepare written documentation for this El achon? - Does the to indicate approval. Every detainee in disciplinary segregation receives the same humane treatment, regardless of offense. A The quarters used for segregation are: 0 Well?ventilated. Adequater lighted. )3 - Appropriately heated. 0 Maintained in a sanitary condition. All cells are equipped with beds that are securely fastened to the a I: ?oor or wall of the cell. The number ofdetainees con?ned to each cell or room is limited There appear to be a sufficient number of to the number for which the space was designate. cells to house detainees in disciplinary - Does the 01C approve excess occupancy on a segregation status. Empty cells were temporary basis? VA observed during the inSpection. In the unlikely event excess occupancy is needed, the Deputy Wardens or Warden would approve IhiSJJractice on a temporary basis. Page 75 of88 SPECIAL MANAGEMENT UN IT (DISCIPLINARY Slaottnon?rlom) POLICY: EACH FACILITY WILI. A MANAGEMENT IN WHICH CERTAIN DIETAINEES FROM THE GENERAL THE SPECIAL UNt't' WILL HAVE 'l'Wt) SECTIONS. ONE, FOR DETAINEES THE OTHER FUR BEING FOR DISCIPLINARY REASONS. three times/week. COMPONENTS YES NO NA REMARKS When a detainee is segregated without clothing, mattress, Under the circumstances deseribed in the blanket, or pillow (in a dry cell setting), a justi?cation is made component, a full justification is needed to and the decisiOn is reviewed each shift. Items are returned as remove such property from the cell. Constant soon as it is safe. 23 El supervision may be required by staffofthc detainee in this instance. As soon as deemed safe, these items are reintroduced back to detainee. Detainees in the SMU have the same opportunities to exchange . . A . clothing, bedding, etc., as other detainees. Detainees in the SMU receive three nutritious meals per day, selected from the Food Service's menu ofthe day. 514 El 0 Food is not used as punishment. Detainees are allowed to maintain a normal level of personal . . . . . . . Showers are located tn the Immediate hygiene, IncludIng the opportunity to shower and shave at least El proximity of cells. Detainees receive, unless documented as a threat to security: Barbering services; Recreation privileges; Other-than-legal reading material; Religious material; The same cerrespondence privileges as other detainees; and Personal legal material. .Nhen phone access is limited by number or type of ealls, the following areas are exempt: Calls about the detainee's immigration case or other legal matters; Calls to consular/embassy officials; and Calls during family emergencies (as determined by the OIC/Warden). All bulleted elements of this component are being completed. Furthermore, the detainee's counselor is permitted to facilitatejustiftable phone calls in the counselor's office and at facility expense. A health care professional visits every detainee in disciplinary segregation every week day. The shift supervisor visits each segregated detainee daily Weekends and holidays. In addition to the twice per day medication pass, medical professionals make daily welfare rounds and communicate with staffto ensure any medical issues and concerns are not left unresolved. SMU detainees are allowed visitors, in accordance with the "Visitation" standard. SMU detainees receive legal visits, as provided in the ?Visitation? standard. Legal service providers are noti?ed of security concerns arising before a visit. Visits from clergy are allowed. The clergy member is given the option of visiting/not visiting the segregated detainee. Violent/uncooperative detainees are denied access to religious services when safety and security would otherwise be affected. 2012FOIA3030.009117 Page 76 of 88 SPECIAL MANAGEMENT UNIT (DISCIPMNARY POLICY: EACH WILL A SPECIAL MANAGEMENT IN WHICH T0 ISOLATIS CERTAIN FROM 'l'le' GENERAL THE SPECIAL UNl'l' WILL IlAVli SECTIONS. ONE FOR IN ADMINISTRATIVE FOR BEING SEGREGATIED FOR DISCIPLINARY REASONS. COM PON lth'l?S YES NO NA REMARKS SMU detainees have law library access. a Violent/uncooperative detainees retain access to the law library unless adjudicated a security threat in writing. a Legal material brought to individuals in the SMU on a case-by-case basis. 0 Staff documents every incident ofdenied access to the law library. All detainee-related activities are documented, e.g. meals served, In addition to the documentation of all recreation activities, visitors, etc. K4 detainee-related activities, codes indicate behavioral issues and concerned as needed. The the Special Management Housing Unit Record (1- The section of the component that requires 888or equivalent), is prepared as soon as the detainee is placed staff to prepare the Special Management in the SMU. Housing Unit Record (1-888 or equivalent) as All 1-888s are filled out by the end ofeach shift. soon as the detainee is placed in the SMU The facility use Form. K4 El El and that completion ofthe form is by the end I (or equivalent local of each Shirl IS speci?c to and CDFS. An equivalent facility form is used to immediately document a detainee's placement in disciplinary segregation. SMU staff record whether the detainee ate, showered, exercised, took medication, etc. . 0 Details about the detainee logged, a medical This component is only applicable for SPCs and CDFs. All bulleted elements of this component are being completed. This each visit. 7 . . . The housing officer initials the record when all detainee services are completed or at the end of the shift. . . . . . are rthewed and retained In the work 0 A new record ts created weekly for each detainee in the . . area until the detainee leaves the SMU. condition, suicidal/violent behavior, etc. The health care of?cial sign individual records after SMU. - The SMU retains these records until the detainee leaves the SMU. ACCEPTABLE El REPEAT anmc REMARKS: Disciplinary segregation cells for males are in a specially designated area of the facility. Female disciplinary Segregation cells are located in a separate area from males. Staff makes every attempt to de-escalate a potential incident in a timely manner in order to avoid having an incident rise to the level ofa violation offacility rules by detainees. lfthere are infractions committed by detainees, every attempt is made to use discretion regarding assignment to disciplinary segregation, with the use of intermediate or other sanctions. Ifthis type of housing is necessary, detainees are noti?ed ofcharges and provided due process, which is dictated by written policy and procedure. The disciplinary segregation areas for both males and females were observed. Logs were reviewed and post-Orders were requested of staff. All documents were u-to-dale and a cared to otherwise be in order. SIGNATU 2012FOIA3030.009118 Page 77 of 88 TOOL CONTROL POLICY: IT IS TH POLICY Al THAT Al .I. EMPLOYEES Si] IALL BE RESPONSIBLEFOR COMPLYING WlTl-l Tl TOOL CONTROL THF MAINTENANCE SUPERVISOR SHALL A COMPUTER 0R INVENTORY LIST TOOLS AND EQUIPMENT AND THE IN WHICH TOOLS STORED. TI FSF. SHALL Bl}. FILED AND READILY AVAILABLE FOR INVENTORY AND DURING AN AUDIT. ConworrnN'rs Yes No NA REMARKS There is an individual who is responsible for developing a tool The Facilities Manager is responsible for control procedure and an inspection system to insure K1 CI El developing a tool control procedure and an accountability. inspection system to insure accountability Department heads are responsible for implementing this standard in their departments. El This component is only applicable for SPCs and CDFs. Department heads are responsible for implementing the tool control standard for their departments. Tool inventories are required for the: 0 Maintenance Depanment; 0 Medial Department; Food Service Department; 0 Electronics Shop; 0 Recreation Department; and 0 Armory. Tool inventories are maintained for all the bulleted areas of this component except the Electronics Shop. There is no Electronics Shop at this facility. The facility has a policy for the regular inventory of all tools. 0 The policy sets minimum time lines for physical inventory and all necessary documentation. - ICE facilities use AMIS bar code labels when required. The facility has a tool classi?cation system. Tools are classi?ed The section of the component that requires according to: tools to be classi?ed as restricted and non- . Restricted (dangerous/hazardous); and restricted is speci?c to SPCs and CDFs. This El facility has a tool control system. All tools . Non-Restricted (non-hazardous). are classi?ed restricted, with any tool considered and managed in the most restricted and secure manner. Department heads are responsible for implementing tool-control procedures. This component is only applicable for SPCs and CDPs. Department heads are responsible for implementing tool control procedures. The facility has policies and procedures in place to ensure that all tools are marked and readily identi?able. The facility has an approved tool storage system. - The system ensures that all stored tools are accountable. Rolling tool carts contain shadowed containers for tools and perpetual inventory sheets of tools bein used. Lar tools that Commonly used tools (tools that can be mountedmounted are done so, etched, labeled are stored in such a way that tool is readily . . and correspond to perpetual inventory sheets. notice. Each facilit has rocedures for the issuance of tools to sta?c and . . . Detainees are rarely, if ever. issued tools. detainees. The facility has policies and procedures to address the issue of lost tools. The policy and procedures include: Verbal and written noti?cation; - Procedures for detainee access; and Necessary documentation/review for all incidents of lost tools. Broken or worn out tools are surveyed and disposed of in an appropriate and secure manner. [Xi All private or contract repairs and maintenance workers under ontract to ICE, or other visitors, submit an inventory ofall tools prior to admittance into or departure from the facility. - 2012FOIA3030.009119 Page 78 of88 TOOL CONTROL POL ICVI IT IS TH F. POLICY ALL THAT ALI. EMPLOYEES SHALL BE FOR MAINTENANCE SUPERVISOR SHALL MAINTAIN A GENERATED 0R MASTER INVENTORY LIST OF TOOLS AND AND TM 1-: IN TOOLS STORED. ?I't leriNt?oaltis SHALL BE (1 .th AND READILY TOOL AND DURING AN COMPONENTS 7 I Yes I No I REMARKS ACCEPTABLE DEFICIENT CI AT-RISK REPEAT qumo REMARKS: Tool Control is the responsibility of the Facilities Manager and individual department heads Individual maintenance workers are issued a rolling/cart tool box. All tools are inventoried on these carts and reconciled at the beginning and end of each shift. In addition, a perpetual inventory is maintained as maintenance workers move about the facility making various repairs. A large shadow board is mounted in the maintenance shop, a work space which also contains large equipment, ladders, etc. The shadow board appears to be well organized and in keeping with the facilityfs policy noted above. The maintenance shop is considered an out-of-bounds area for detainees and a sally port is between the hall and maintenance shop. The door is controlled by the Control Center. Female detainees approved to be a part of the laundry mending work program are issued necessary sewing tools in the unit and Supervised by staff. Strict guidelines are in place to ensure all tools associated with the job are accounted for. A volunteer organization has been approved to bring craft items into the facility for use by female detainees. These items, including plastic, round-tipped scissors are inventoried in and out ofthe facility on each occasion volunteers are present. Medical tools are well organized and counted during each shift by two staff. Sharps are disposed of appropriately. inventory items are counted and records are reflected accordingly. The Recreation Of?cer maintains a basketball pump and needle in his office, in a secure cabinet. No other staff member or detainee .has access to the equipment. Food service tools appear to be well controlled and inventoried. 2012FOIA3030.009120 Page 79 of88 TRANSPORTATION (LAND TRANSPORTATION) POLICY: Tl-lli AND WILL TAKE ALI NECESSARY PRECAUTIONS TO I I LIVES. SAFETY. AM) WELFARE IR THE GENERAL PUBLIC. AND THOSE IN ICE CUSTODY DURING THE or DETAINEEs. STANDARDS tasrABtIsntaD ron I?Rmi?tissION/tt. UNDER SUPERVISION or AND TRAINED Dlrj'l'liiN'l'lON ENFORCEMENT OR AUTHORIZED (foN'I'ItAti't' I STANDARD NA: CHECK THIS BOX ALL ICE TRANSPORTATION Is ONLY BY THE ICE FIELD OFFICE on SUB-OFFICE IN THE WINNER Cast; I Ream-guts Transporting of?cers comply with applicable local, state, and federal motor vehicle laws and regulations. Records support this K4 ?nding ofcompliance. Every transporting of?cer required to drive a commercial size bus has a valid Commercial Drivers License (CDL) iSSued by VA the state ofemployment. Supervisors maintain records for each vehicle operator. These records are on ?le with ICE staffwho contract with the facility to loan drivers for land transportation detainees If needed. Of?cers use a checklist during every vehicle inspection. 0 Of?cers report de?ciencies affecting operability; and El - De?ciencies are conected before the vehicle goes back into service. Transporting officers: 0 Limit driving time to ID hours in any 15 hour period; 0 Drive only after eight consecutive off-duty hours; 0 Do not receive transportation assignments after having been on duty, in any capacity, for 15 hours; Drive a 50-hour maximum in a given work week; a 70- hour maximum during eight consecutive days; 0 During emergency conditions (including bad weather), of?cers may drive as long as necessary and safe to reach a safe area?exceeding the 10-hour limit. All bulleted areas of this component are included in Anned Transport Post Orders. >14 Before the start of each detail, the vehicle is thoroughly searched. Positive identi?cation of all detainees being transported is 7 con?rmed. All detainees are searched immediately prior to boarding the vehicle by staff controlling the bus or vehicle. The facility ensures that the number of detainees transported does not exceed the vehicles manufacturer?s occupancy level. Protective vests are provided to all transporting oF?cers. This component is only applicable for SPCs and CDFs. Local facility transpart of?cers K4 are not issued protective vests. ICE staff who accompanies tranSports is issued protective I VCS l?S. 2012FOIA3030.009121 Page 80 0(83 DUDE DUDE ?7 (LAND i Poucv: AND SERVICE AI..I. 'AtJ'I'toNs LIVES. AND WELEAREOI: oun OFFICERS, TIIE PUBLIC, AND THOSE IN STANDARDS I-IAVE BEFN PROFESSIONAL UNDER THE SUPERVISION or AND on I l:l NA: Box II: ALI. ICE ts HANDLED ONLY ICE FIELD OFFICE on I I COMPONENTS Yes No NA REMARKS The vehicle crew conducts a visual count once all passengers are on board and seatedAdditional v15ual counts are made wheneVer the vehicle makes a scheduled or unsoheduled stop. Policies and procedures are in place addressing the use of The facility's Procedures Manual contains restraining equipment on transportation vehicles. language addressing the use ofrestrairu'ng equipment on transportation vehicles. This information is also contained in the Armed Transport Post Orders. Of?cers ensure that no one contacts the detainees. I One of?cer remains in the vehicle at all times when K1 El Ci detainees are present. Meals are provided during long distance transfers. The food service department provides sack I The meals meet the minimum dietary standards, as lunches, water,juices, etc. for use in the identi?ed by dieticians utilized by ICE. El transportation ofdetainees as needed for long distance transfers. These meals meet the minimum dietary standards as identi?ed by dieticians utilized by ICE. The vehicle crew inspects all Food Service pickups before accepting delivery (food wrapping, portions, quality, quantity, thermos-transport containers, etc.). I Before accepting the meals, the vehicle crew raises and resolves questions, concerns, or discrepancies with the El Food Service representative; I Basins, latrines, and drinking-water containers/diSpensers are cleaned and sanitized on a ?xed schedule. The vehicles are clean and sanitary at all times. Personal property of a detainee transferring to another facility is: I Inventoried; I Inspected: and I Accompanies the detainee. >2 2012FOIA3030.009122 Page 81 of 88 li'i? POLICY: Tl IIE IMMIGRATION AND SERVICE WILL TAKE ALL NECESSARY PRECAUTIONS Tl-l F. LIVES. SAFETY. AND WELFARE. OF 'l'l-IF PUBLIC. AND THOSE lN DURING OFDli'l AINILLES. I BEEN ESTABLISHED FOR PROFESSIONAL TRANSPORTATION UNDER TIIE SUPERVISION AND TRAINED DETENTION I ENFORCEMENT OFFICERS CON PERSONNEL. I [3 STANDARD NA: CHECK 130); IF ALI. ICE Is IIANDLED ONLY BY ICE FIELD 0R SUB-OFFICE IN C?Qe't'wlgassiniftaINEE CASH- Yes No NA REMARKS The following contingencies are included in the written procedures for vehicle crews: - Attack 0 Escape 0 Hosta e-lakin . Detaingee Sickngess All bulleted elements of this component are . Detainee death included in the Armed Transport Post Orders. . Vehicle ?re El Specialized training is provided to staff, as . Riot needed, to maintain a cadre of available . Traf?c accident transport of?cers. 0 Mechanical problems a Natural disaSters 0 Severe weather 0 Passenger list includes women 0r minors ACCEPTABLE DEFICIENT REPEAT FINDING REMARKS: CE contracts with the facility for the transport of ICE detainees for instances other than non-medical emergency escorted trips. rained transport of?cers have Commercial Driver's Licenses (CDL). CDL licensure information is managed and kept on ?le by ICE staff. Cell phones for these types oftranspons are provided by ICE staff. billings are reconciled to ensure accuracy in record keeping. The facilitfs Arm ceptable protocol for this duty FER 9:qu em? HHEHFEFEEP ?3m: SEHEHWEE 2012FOIA3030.009123 Page 82 of 88 USE OF FORCE POLICY: THE US. 0F HOMELAND THE USE OF FORCEONLY AS A LAST ALTERNATIVE AFTER ALLOTHER REASONABLE RESOLVE A SITUATION HAVE. ONLY OF FORCE NECESSARY TO GAIN T0 AND ENSURE THE OF DETAWEES. STAFF AND OTHERS. l?ltl?VliN'l' SERIOUS DAMAGE AND TO ENSURE INSTITUTION SECURITY AND GOOD ORDER. MAY BIZ PHYSICAL NECESSARY TO GAIN CONTROL A APPEARS TO BE DANGEROUS MAY BE EMPLOYED WHEN Dli'l'AleiE: COMPONENTS Yes No NA REMARKS Written policy authorizes staff to respond in an inunediate-use- Use ofForce protocol is addressed in the of-force situation without a supervisor?s presence or direction. A facility's Procedures Manual When the detainee is in an area that is or can be isolated a The policy emphasizes the staff?s locked cell, a range), posing no direct threat to the detainee or responsibility to use the least amount of force others, of?cers must try to resolve the situation without resorting K4 reasonably necessary to achieve the to force. authorized purpose and to cease, once control is achieved. Written policy asserts that calculated rather than immediate use >14 El CI of force is feasible in most cases. The facility subscribes to the prescribed Confrontation Avoidance Procedures. 0 Ranking detention official, health professional: and others confer before every calculated use offorce. Every attempt is made to gain compliance from a detainee through various verbal means, prior to initiating a calculated use of force and authorizing the use ofa trained team. ApprOpriate staff and of?cials confer prior to every calculated use of force incident. When a detainee must be forcibly moved and/or restrained: and there is time for a calculated use of force, staffuses the Use?of- Force Team Technique. 0 Under staff supervision. Staff members are trained in the performance of the Usoof- Force Team Technique. A team is represented on each shift to ensure El that, in the event the situation isjustifted, a fully authonzed and trained team 18 available fer response. All use-of-force incidents are documented and reviewed. I: Staff: 0 Do not use force as punishment; - Attempt to gain the detainee?s voluntary cooperation before resorting to force; All the bulletcd elements of this component 0 Use only as much force as necessary to control the K4 El El art: found in the facility's policy regarding use detainee; and 0 Use restraints only when other non-confrontational means, including verbal persuasion, have failed or are impractical. of force. Medication may only be used for restraint purposes when authorized by the Medical Authority as medically necessary. El Use-of-Force Team follows written procedures that attempt to prevent injury and mosure to communicable disease(s). Universal precautions are used at all times. 2012FOIA3030.009124 Page 83 of88 USE OF FORCE POLICY: THE US. HOMELAND THE USE OF ONLY AS A OTHER REASONABLE TO RESOLVII A SITUATION FAILED. ONLY THAT AMOUNT OF FORCE NECESSARY TO GAIN CONTROL TO l?Rtl'l'IiC'l' AND ENSURE THE SAFETY AND OTHERS. Tt) SERIOUS DAMAtil-i AND TO ENSURE AN GOOD ORDER MAY BF. HST-TD. PHYSICAL NECESSARY TO GAIN- 01" A It) Illi DANGEROUS MAY Bl." WHEN DiLTAINlilzf 0 Logging each check; I Turning the bed-restrained detainee often enough to prevent soreness or stiffness; I Medical evaluation of the restrained detainee twice per eight hour shift; and 0 When quali?ed medical staff is not inunediately available, staff position the detainee "face-up?. COMPONENTS 1'25 No NA REMARKS Standard procedures associated with using four-point restraints include: I So? restraints vinyl); ?16 detainee appropriately for the The facility uses a bed or a restraint chair temperature; when four point restraints are necessary. 0 A bed, mattress, and blanket/sheet; When using four-point restraints, a hard 0 Checking the detainee at least every 15 minutes; restraint system is preferred for use by the facility. rather than a soft restraints system as required. All other bulleted items are addressed in a manner consistent with the requirements of the detention standard. The shift supervisor monitors the detainee?s position/condition every two hours. 0 He/she allows the detainee to use the rest room at these times under safeguards. All detainee checks are logged. In immediate-usc-of-force situations, sta ff contacts medical staff once the detainee is under control. K4 Ell] This contact is also facilitated through the noti?cation to the Shift Supervisor. When the OIC authorizes use of non-lethal weapons: 0 Medical staff is consulted before staff use pepper spray/non-lethal weapons. - Medical staff reviews the detainee's medical file before use ofa non-lethal weapon is authorized. Special precautions are taken when restraining pregnant detainees. 0 Medical personnel are consulted Protective gear is worn when restraining detainees with open cuts or w0unds. Universal precautions are used by staff at all times. Staff documents every use of force and/or non-routine application of restraints. The documentation of use of force incidents is in keeping with the approved use of force continuum, These reports are submitted during the same shift as the incident occurs. It is standard practice to review any use of force and the non? routine application of restraints. 2012FOIA3030.009125 Page 84 of 88 These reports are reviewed by Shift Supervisors, Deputy Wardens and the A.II USE OF FORCE POLICY: THE U.S. or HOMELAND Stit?tnu?rv AUt?t?Ionmss TH USE OF ONLY AS A LAST AFTER TO Rt'ssrn A Sl'l?llA'l'lON llAVl-Z FAILED. ONLY THAT or To GAIN CONTROL OF Dl-I'I'AlNl-jli, TO AND or Di-iTAtNr-itrs. STAI-T AND OTHERS, TO SERIOUS DAMAGE AND TO liN St 1R l?liTlON AND ORDER MAY Br Listen. NECESSARY TO GAIN . or A om AINEE WHO APPEARS TO 131: DANGEROUS MAY Bli Wt COMPONENTS Yes NO NA REMARKS 1n SPCs is the Use of Force form is used? In other facilities The requirement to use the "Use of Force (IGSAs is this form or its equivalent used? form? is Speci?c to SPCs. Lecal equivalent forms are used to document use of force incidents. ACCEPTABLE CI DEFICIENT CI El REPEAT FLNDING REMARKS: During the 2010 review, the facility was found to be using a hard system of restraints when applying fetu point restraints to detainees, due to what was believed to be a lack ofsuccess in using soft restraints in the past. This issue was noted in the 2010 ICE Unifonn Corrective Action Plan. During this years 20] inspection, the administration indicates there has been no change in this policy. The history and experience ofsoft restraint systems for this facility is believed to be unsuccessful and the hard restraint system continues in use. The restraint ofpregnant detainees is addressed in multiple policy locations and post orders, including transportation post orders. We A review ofpolicy, trainin records and incident reports di at . hat choke holds and/or carotid holds are not taught or authorized at this facility. SIGNAT 2012FOIA3030.009126 Page 85 of 88 STAFF DETAINEE COMMUNICATIONS POLICY: IRES I'll-L IN PLACE TO ALLOW FOR FORMAL AND INFORMAL KEY FACILITY AND ICE STAFF AND ICE AND '10 PER MIT DI: T0 TO ICE STAFF AND RECEIVE AN ANSWER IN AN COMPONENTS YES No NA REMARKS The ICE Field Office Director ensures that weekly announced The section oi'this component that requires and unannounced visits occur at the IGSA. El weekly armounced and unannounced visits is specific to SPCs and CDFs. ICE staff is on site; they conduct regular, as well as unannounced, visits to the units housing ICE detainees. Detention and Deportation Sta Ef conduct scheduled weekly visits These visits are scheduled fer Tuesdays and with detainees held in the IGSA. {4 El Wednesdays. The schedules are posted in the units. Scheduled visits are posted in ICE detainee areas. These visits are Scheduled for Tuesdays and K4 Wednesdays. The schedules are posted in the units. Visiting sta ffobserve and note current climate and conditions of confinement at each IGSA. ICE staff is required to complete a Facility Liaison Visit Checklist which is a record of conditions at the facility. ICE information request Forms are available at the IGSA for use . by ICE detainees. The IGSA treats detainee correspondence to ICE stalT as Special A Correspondence. ICE StaffreSponds to a detainee request from an IGSA within 72 hours. DECIDED DECIDE A review of the log of Information Requests indicated that resp0nses are being provided within the required time frames. ICE detainees are noti?ed in writing upon admission to the facility of their right to correspond with ICE staff regarding their El El case or conditions ofcon?nement. ACCEPTABLE CI El AT-RISK REPEAT FINDING REMARKS: Review of documentation and interviews with staff and detainees were used to detennine compliance. The facility has procedures in place to allow for informal and formal contact between facility staff, ICE staff and ICE detainees. A review ofthe log revealed there were l6 detainee requests during the month of September 201 1. Detainees received responses to their requests within the allotted time frames. SIGNATURE 2012FOIA3030.009127 Page 86 of 88 DETAINEE TRANSFER STANDARD POLICY: ICE WILL MAKE ALL WHEN A Is II: A DETAINIEFE Is BEING TRANSFERRED VIA TIME I JUSTICE. PRISONER ALIEN ICE WILL TO JPATS PROTOCOLs. IN To A ICE WILL TAKE INTO CONSIDERATION Wt-llj?l?t-lliR THE DETNNEE Is BEFORE TI-I I-t IMMIGRATION COURT. IN SUCH crises. THE FIELD OFFICE DIRECTOR WILLCONSIDER THE WITHIN REMOVAL PROCESS, ATTORNEY Is LOCATED WITHIN REASONABLE DRIVING DISTANCE. FACILITY, AND WHERE THE IMMIGRATION mum ARE TAKING PLACE responsibility to notify fam?y members regarding a transfer. Yes No REMARKS When a detainee is represented by legal counsel or a legal representative, and a (3-28 has been ?led, the representative of ICE staff assigned to facility is record is noti?ed by the detainee?s Deportation Officer. responsible to make appropriate noti?cations. - The noti?cation is recorded in the detainee?s file; and A Noti?cations are recorded in the detainee?s - When the A File is not available, noti?cation is noted ?le. within DACS Noti?cation includes the reason for the transfer and the location 7 . . >4 ofthc new faculty. The deportation officer is allowed discretion regarding the timing of the noti?cation when extenuating circumstances are involved. The attorney and detainee are noti?ed that ll Is their Facility policy mandates that: a Times and transfer plans are never discussed with the detainee prior to transfer; a The detainee is not noti?ed of the transfer until immediately prior to departing the facility; and The detainee is not permitted to make any phone calls or have contact with any detainee in the general population. ICE Inunigration Enforcement Agents notify detainees when they are being transferred- ICE staff adheres to the transfer standard when preparing detainees for transfer. Detainees are moved to a staging area immediately prior to transfer and only then informed ofthe move. Detainees are not allowed to make phone calls prior to the transfer. The detainee is provided with a completed Detainee Transfer Noti?cation Form. Form G-39l or equivalent authorizing the removal ofa detainee The facility is provided with a Form 1-203 to from a facility is used. authorize removal from the facili?a For medical transfers: a The Detainee [migration Health Service (or IGSA) (DH-IS) Medical Director or designee approves the transfer; a Medical transfers are coordinated through the local ICE office; and A medical transfer summary is completed and accompanies the detainee. Detainees in facilities having DIHS staffand medical care 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 Con?dential. For medical transfers: transponiog of?cers receive instructions regarding medical Issues. Detainee?s funds, valuables, and property are retumed and Detainees are provided with their funds. transferred with the detainee to his/her new location. Their property and valuables are inventoried A in their presence prior to the transfer and are transported with them. ransfer and documentary procedures outlined in Section and are followed. El CI El El El 2012FOIA3030.009128 I Page 87 of88 STANDARD POLICY: ICE A DETAINIEE IS PRISONER ALIEN SYSTEM (JPATS). ICE WILI. ADHERF To IN DEFIDING To TRANSFER A ICE WILL TAKE CONSIDERATION Dti'l'AtNliE Is COURT. (?Am-7s, FIELD Ot-?t-?K l't STAGE WITHIN A'l"'l Is REASONABLE DRIVING or 'I?l-lE. AND Wt-ltiRI-L 'l'l-llf IMMIGRATION PROCEEDINGS ARI-5 Cm No NA Meals are provided when transfers occur during normally Meals are provided to detainees ifthey are to schedule meal times. K4 be transferred during normally scheduled meal times. An A File or work folder accompanies the detainee when transferred to a different ?eld office or sub-of?ce. Files are forwarded to the receiving of?ce via overnight mail no later than one business day following the transfer. K4 El ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: Based upon a review of documentation and interviews with staff, it was determined that the process to transfer detainees from this facility is consistent with the -- - - - -- - - -- - . - ard. SIGNATURE DAT - 4! 2012FOIA3030.009129 Page 88 of 88 Department of Homeland Security Immigration and Customs Enforcement Office of Enforcement and Removal Operations ICE Uniform Corrective Action Plan ICE Uniform Corrective Action Plan (MGT Inspections) Facility Name YORK COUNTY Address (Street and Name) 3401 CONCORD ROAD City, State and Zip Code YORK, PA 17402 County YORK Date[s] of Facility Review 10/18/2011 Complete and Return to ICE HQ No Later Than: 12/2/2011 Facility Corrective Action Plan Assigned To: PHI Date of Final Submission: FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Report produced on Wednesday, November 02, 2011 2012FOIA3030.010983 Department of Homeland Security Immigration and Customs Enforcement Office of Enforcement and Removal Operations Instructions for Corrective Action Response 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. Classification System All facilities will develop and implement a system according to which ICE detainees are classified. The classification system will ensure that each detainee is placed in the appropriate category, physically separated from detainees in other categories Component Deficiency Identified Corrective Action Date Completed The Detainee Handbook or Classification levels are identified equivalent for IGSAs explains the in the handbook, but the classification levels, with the conditions and restrictions conditions and restrictions applicable to each is not applicable to each. explained. Classification System Correspondance and Other Mail All facilities will ensure that detainees send and receive correspondence in a timely manner, subject to limitations required for the safety, security, and orderly operation of the facility. Other mail will be permitted, subject to the same limitations. Each facility will widely distribute its guidelines concerning correspondence and other mail. Component Deficiency Identified Corrective Action Date Completed Correspondence to a politician or Correspondence to a politician is to the media is processed as processed as special special correspondence and is correspondence; however, not read or copied. correspondence to the media is handled as general correspondence. Staff does not inspect incoming Special correspondence is special Correspondence for inspected in the presence of the physical contraband or to verify detainee; however, the facility the “special” status of enclosures definition of special without the detainee present. correspondence does not include the media. If correspondence is received from a member of the media, it will be inspected as general correspondence without the detainee present. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Report produced on Wednesday, November 02, 2011 2012FOIA3030.010984 Department of Homeland Security Immigration and Customs Enforcement Office of Enforcement and Removal Operations Staff is prohibited from reading or copying incoming special correspondence. 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. The mail policy states incoming or outgoing mail may be read by the Warden or his designee if reasonable suspicion exists that jeopardizes prison security and/or public safety. Since the media are not included in the definition of special correspondence, it is possible that such correspondence may be read or copied. The portion of this component that limits staff ability to inspect outgoing mail without the detainee being present, under the conditions stated is specific to SPCs and CDFs. Facility policy authorizes all incoming and outgoing correspondence, other than legal correspondence to be opened and inspected for contraband. Correspondance and Other Mail Detainee Handbook Every OIC will develop a site-specific detainee handbook to serve as an overview of, and guide to, the detention policies, rules, and procedures in effect at the facility. The handbook will also describe the services, programs, and opportunities available through various sources, including the facility, ICE, private organizations, etc. Every detainee will receive a copy of this handbook upon admission to the facility. Component Deficiency Identified Corrective Action Date Completed The handbook describes the The facility handbook does not facility, housing units, dayrooms, describe housing units, in-dorm activities, and special dayrooms, in-dorm activities, housing units. and special housing units. The grievance section of the The section which instructs handbook explains all steps in detainees on how to obtain the grievance process – assistance in preparing a Including: Informal (if used) and grievance is still not noted in the formal grievance procedures; detainee handbook. The appeals process; In CDF facilities: 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. Detainee Handbook Detention Files Every facility will create a detention file for every ICE detainee booked into the facility, excluding only detainees scheduled to depart within 24 hours. The detention file will contain copies and, in some cases, the original of specified documents concerning the detainee's stay in the facility: classification sheet, medical questionnaire, property inventory sheet, disciplinary documents, etc. Component Deficiency Identified Corrective Action Date Completed FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Report produced on Wednesday, November 02, 2011 2012FOIA3030.010985 Department of Homeland Security Immigration and Customs Enforcement Office of Enforcement and Removal Operations 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. Detention Files Based upon the different files available, the only file which staff may be interested in viewing is the counselors file. Staff reported that supervisors, Deputies, and the Warden have access to these files, upon request. There was no logging system to record when files were removed from the counselor's office. Institution detention files are not removed from the record room, nor is there any request to remove these files. Disciplinary Policy All facilities housing ICE detainees are authorized to impose discipline on detainees whose behavior is not in compliance with facility rules and regulations. Component Deficiency Identified Corrective Action Date Completed The following items are The requirement to post conspicuously posted in Spanish "Prohibited Acts", the and English, and other dominate "Disciplinary Severity Scale", and languages used in the facility: the "Sanctions" is specific to SPCs Rights and Responsibilities; and CDFs. Rights and Prohibited Acts; Disciplinary responsibilities, along with Severity Scale; Sanctions; prohibited acts, disciplinary severity scale and sanctions are included in this facility's handbook in English and Spanish, but are not posted. Disciplinary Policy Environmental Health and Safety Every facility will control flammable, toxic, and caustic materials through a hazardous materials program. The program will include, among other things, the identification and labeling of hazardous materials in accordance with applicable standards (e.g., National Fire Protection Association [NFPA]); identification of incompatible materials, and safe-handling procedures Component Deficiency Identified Corrective Action Date Completed A sanitation program covers The barbershop is located in a barbering operations. multi-purpose room, and does not meet the sanitary requirements. The barber shop has the facilities The barbershop does not have a and equipment necessary to sink with running water to meet meet sanitation requirements. the sanitation requirements. Standard cleaning practices The facility needs some attention include: Using specified in the area of sanitation. Walls equipment; cleansers; need painting and detail cleaning disinfectants and detergents; An is needed in all areas. established schedule of cleaning Bathrooms were dirty with and follow-up inspections. garbage overflowing. The facility follows standard General cleaning is done on cleaning procedures. floors, but walls were very dirty and need cleaning and painting FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Report produced on Wednesday, November 02, 2011 2012FOIA3030.010986 Department of Homeland Security Immigration and Customs Enforcement Office of Enforcement and Removal Operations Hazardous materials are always issued under proper supervision. Environmental Health and Safety Cleaning chemicals bottles were noticed throughout the facility that were not labeled. In E Block a chemical sprayer was observed out in the open area where ICE detainees and non-ICE detainees had access. Cleaning storage areas were observed unsecure with ICE detainees and non-ICE detainees having access to chemicals. Food Services Every facility will provide detainees in its care with nutritious and appetizing meals, prepared in accordance with the highest sanitary standards. Component Deficiency Identified Corrective Action Date Completed Storage areas are locked when Storage areas were unsecure not in use. during the inspection. This is a repeat finding. Food Services Group presentation on Legal Rights Facilities housing ICE detainees shall permit AUTHORIZE persons to make presentations to groups of detainees for the purpose of informing them of U.S. immigration law and procedures, consistent with the security and orderly operation of each facility. ICE encourages such presentations, which instruct detainees about the immigration system and their rights and options within it. Component Deficiency Identified Corrective Action Date Completed Posters announcing Information regarding weekly presentations appear in common presentations by PIRC is included areas at least 48 hours in in the handbook; however, no advance and sign-up sheets are posters were observed in available and accessible. common areas. Detainees have access to sign up sheets in the units. Group presentation on Legal Rights Religious Practices Facilities will provide ICE detainees of all faiths with reasonable and equitable opportunities to participate in the practices of their faith, limited only by the constraints of safety, security, the orderly operations of the facility and budgetary considerations. Component Deficiency Identified Corrective Action Date Completed Members of faiths not Detainees are allowed to pray in represented by clergy may an area together but are not conduct their own services allowed to conduct services. within security allowances. Religious Practices Security Inspections Post assignments in the facility's high-risk areas, where special security procedures must be followed, will be restricted to experienced personnel with a thorough grounding in facility operations. Component Deficiency Identified Corrective Action Date Completed Officers thoroughly search each The requirement for officers to vehicle entering and leaving the thoroughly search vehicles facility. leaving the facility is specific to SPCs and CDFs. According to staff interviewed, officers do not search each vehicle entering and leaving the facility. The SMU entrance has a sally The physical plant design of this port. facility does not include a sally port at the entrance of the SMU. Security Inspections FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Report produced on Wednesday, November 02, 2011 2012FOIA3030.010987 Department of Homeland Security Immigration and Customs Enforcement Office of Enforcement and Removal Operations Terminal Illness, Advanced Directives and Death All facilities housing ICE detainees shall have policies and procedures addressing the issues of terminal illness or injury, medical advanced directives, and detainee death, to include the procedures to ensure proper notification is provided to ICE officials, family members and other interested parties in the event of a detainee becoming terminally ill or injured or death of a detainee occurs. In addition, the policy will cover procedures to be taken if the death of a detainee occurs while in transit. Component Deficiency Identified Corrective Action Date Completed The guidelines provide the The HSA states that detainees detainee the opportunity to have would likely be permitted to a private attorney prepare the have a private attorney prepare documents. advance directives; however, policy guidelines are silent on this issue. Terminal Illness, Advanced Directives and Death Transportation ICE will take all necessary precautions to protect the lives, safety, and welfare of our officers, the general public, and those in ICE custody during the transportation of detainees. Standards have been established for professional transportation under the supervision of experienced and trained Detention Enforcement Officers or authorized contract personnel. Component Deficiency Identified Corrective Action Date Completed b7e Transportation Use of Force The U.S. Department of Homeland Security authorizes the use of force only as a last alternative after all other reasonable efforts to resolve a situation have failed. Only that amount of force necessary to gain control of the detainee, to protect and ensure the safety of detainees, staff and others, to prevent serious property damage and to ensure institution security and good order may be used. Physical restraints necessary to gain control of a detainee who appears to be dangerous may be employed when the detainee. Component Deficiency Identified Corrective Action Date Completed FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Report produced on Wednesday, November 02, 2011 2012FOIA3030.010988 Department of Homeland Security Immigration and Customs Enforcement Office of Enforcement and Removal Operations b7e Use of Force Visitation ICE shall permit detainees to visit with family, friends, legal representatives, special interest groups, and the news media. Component Deficiency Identified Corrective Action Date Completed Former detainees or aliens in The facility visiting policy proceedings, requesting to visit prohibits former detainees from with a detainee, are referred to visiting the facility within six the OIC or ICE Field Office. months of their release. The policy does not explain the approval process for former detainees who have been released for a period longer than six months to visit. Visitation FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Report produced on Wednesday, November 02, 2011 2012FOIA3030.010989 Department of Homeland Security Immigration and Customs Enforcement Office of Enforcement and Removal Operations ICE Uniform Corrective Action Plan ICE Uniform Corrective Action Plan (MGT Inspections) Facility Name YORK COUNTY DETENTION CENTER Address (Street and Name) 1675-3A YORK HWY City, State and Zip Code YORK, SC 29745 County YORK Date[s] of Facility Review 8/23/2011 Complete and Return to ICE HQ No Later Than: Facility Corrective Action Plan Assigned To: ATL Date of Final Submission: FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Report produced on Friday, September 09, 2011 2012FOIA3030.010990