U.S. Department of Homeland Security 15" Immigration and Customs Enforcement 1 Office of Professional Responsibility 0&4; Management Inspections and Detention Oversight 53% Washington, DC 20536-5501 Office of Detention Oversight Follow-Up Inspection Enforcement and Removal Operations Miami Field Office Baker County Detention Center Macclenny, Florida July 26, 2011 - a USE ONLY. This document may contain sensitive commercial, - -. enforcement, manageme - - ee information. It has been writt - express use of the Department of Homeland Security to identi a . a 7 - ent and operational de?ciencies. In reference to ICE Policy 17006.1, issue I 9 4 i any disclosure, I - - - reproduction of this documentprohibited without the approval of the Assistant Ire - . - - Prof 2-: sponsibility. 2012FOIA3030.004369 TABLE OF CONTENTS INSPECTION PROCESS Report Organization .. 1 Inspection Team Members .. 1 OVERVIEW .. 2 NATIONAL DETENTION STANDARDS Admission and Release .. 3 Detention Files .. 4 Environmental Health and Safety .. 5 INSPECTION PROCESS An Of?ce of Detention Oversight (ODO) inSpection primarily focuses on areas of noncompliance with the ICE National Detention Standards (NDS) or the Performance Based National Detention Standards as applicable. In addition, ODO may focus on the level of management provided by the Of?ce of Enforcement and Removal Operations (ERO) Headquarters and ERO ?eld of?ces on detention management, and on issues of high priority or interest to ICE executive management. Inspection objectives are to evaluate the welfare, safety, and living conditions of detainees, and to determine compliance with applicable laws, policies, regulations, and procedures. In July 2010, ODO conducted a Quality Assurance Review (QAR) of the Baker County Detention Center (BCDC) in Macclenny, FL, which is under the jurisdiction of the ERO Field Of?ce Director (FOD), Miami, FL (POD/Miami). The NDS apply to this facility. This Follow-up Inspection was conducted to determine whether actions had been taken to correct de?ciencies identi?ed during the QAR. REPORT ORGANIZATION This report documents corrected and remaining de?ciencies identi?ed in the QAR report submitted to ERO. A summary of ?ndings is provided in the Overview. Uncorrected de?ciencies are detailed in the relevant NDS section. This report documents Follow?up Inspection results, serves as an of?cial record, and is intended to provide senior management with a concise evaluation of compliance with policy and detention standards. Further, it provides use?il feedback on the effectiveness and ef?ciency of the areas inspected. Comments and questions regarding the report ?ndings should be forwarded to the CPR Deputy Division Director, Of?ce of Detention Oversight. INSPECTION TEAM MEMBERS Special Agent (Team Leader) ODO, Chicago b6! b7? Contract Inspector MGT of America, Inc. Of?ce of Detention Oversight Baker County Detention Center July 2011 1 ERO Miami OPR 201111595 OVERVIEW During the July 2010 ODO QAR, a total of 23 de?ciencies to be addressed and corrected were found in the following 9 areas: Admission and Release Detainee Grievance Procedures Detention Files Environmental Health and Safety Food Service Medical Care Recreation Staff-Detainee Communication Use of Force During the Follow-Up Inspection, ODO noted four repeated de?ciencies among the following three NDS: Admission and Release (2) Detention Files (1) Environmental Health and Safety (1) Of?ce of Detention Oversight Baker County Detention Center July 2011 2 ERO Miami OPR 201111595 ICE NATIONAL DETENTION STANDARDS ADMISSION AND RELEASE ODO identi?ed two de?ciencies in record-keeping in this area during the QAR. Both de?ciencies had not been corrected. ODO QAR Finding: In accordance with the ICE NDS, Admission and Release, section the POD must ensure an order to detain or release (Form I-203 or I?203a) bearing the appropriate of?cial signature shall accompany the newly arriving detainee. IGSA facilities shall forward the detainee?s A-?le or temporary work ?le to the INS of?ce with jurisdiction. Staff shall prepare speci?c documents in conjunction with each new arrival to facilitate timely processing, classi?cation, medical screening, accounting of personal effects, and reporting of statistical data. The QAR found that is inconsistent in providing an Order to Detain or Release Aliens (Form I-203 or I-203a) for each detainee, and BCDC is inconsistent in ensuring all required documentation is ?led in the detainee?s detention ?le, including the BCDC classi?cation interview form and receipt for personal property, funds, and valuables.? ODO Follow-Up Finding: ODO reviewed 20 randomly-selected active detainee detention ?les; 11 ?les did not contain a copy of the Order to Detain or Release (Form I-203), but did contain all other required documentation. ODO QAR Finding: In accordance with the ICE NDS, Admission and Release, section the FOD must ensure staff must complete certain procedures before any detainee?s release, removal or transfer from the facility. Necessary steps include completing and processing forms, closing ?les, ?ngerprinting; returning personal property; and reclaiming facility-issued clothing, bedding, etc. The QAR found that is inconsistent in providing an Order to Detain or Release Aliens or Record of Persons and Property Transferred (Form I-216), and BCDC is inconsistent in ensuring all required documentation is completed and ?led in the detainee?s detention ?le, including return of personal property and funds and valuables.? ODO Follow-Up Finding: ODO reviewed 15 randomly-selected archived detainee detention ?les; 13 did not contain a copy of the Order to Detain or Release (Form l-203), but did contain all other required documentation. Of?ce of Detention Oversight Baker County Detention Center July 2011 3 ERO Miami OPR 201111595 DETENTION FILES ODO identi?ed four de?ciencies in this area during the QAR. One remained but was corrected during the review. ODO QAR Finding: In accordance with the ICE NDS, Detention Files, section the POD must ensure staff shall accommodate all requests for detainee detention ?les from other departments, which may need the material for disciplinary hearings or other proceedings. A representative of the department requesting the ?le is responsible for obtaining the ?le, logging it out, and ensuring its return. Unless the CDEO or equivalent determines otherwise, borrowed ?le(s) shall be returned by the end of the administrative workday. At a minimum, a logbook entry recording the ?le?s removal from the cabinet will include: The detainee?s name and A-?le number; Date and time removed; Reason for removal; Signature of person removing the ?le, including title and department; Date and time returned; and Signature of person returning the ?le. 999.09%? The QAR found ?The facility does not maintain a logbook to record when detention ?les are removed ?'om the storage cabinets.? ODO Follow-Up Finding: ODO viewed the detention ?le storage area and cabinet, and interviewed facility personnel. At the start of the Follow-up Inspection, BCDC did not maintain a logbook to document the removal of detention ?les from the storage cabinet. Prior to completing the inspection, ODO veri?ed that BCDC management had corrected this de?ciency by creating a logbook containing all required ?elds. Of?ce of Detention Oversight Baker County Detention Center July 2011 4 ERO Miami OPR 201111595 ENVIRONMENTAL HEALTH AND SAFETY ODO identi?ed three de?ciencies in this area during the QAR. One de?ciency had not been corrected, although compliance was improved. ODO QAR Finding: In accordance with the ICE NDS, Environmental Health and Safety, section the FOD must ensure the operation [barbering] will be located in a separate room not used for any other purpose. The ?oor will be smooth, nonabsorbent and easily cleaned. Walls and ceiling will be in good repair and painted a light color. Arti?cial lighting of at least 50-foot candles will be provided. Mechanical ventilation of 5 air changes per hour will be provided if there are no operable windows to provide fresh air. At least one lavatory will be provided. Both hot and cold water will be available, and the hot water will be capable of maintaining a constant ?ow of water between 105 degrees and 120 degrees. The QAR found ?Barbering takes place in the multi-purpose room. The area did not have a lavatory, water, or all equipment necessary to maintain sanitary procedures.? ODO Follow-Up Finding: ODO viewed the area used for barbering operations and interviewed facility staff. BCDC management continues to use the multi-purpose room, but has added a lavatory with hot and cold running water. The facility has also provided the equipment necessary to maintain sanitary procedures. BCDC management stated there is not enough space within the facility to accommodate an area solely dedicated to barbering operations. Of?ce of Detention Oversight Baker County Detention Center July 2011 5 ERO Miami OPR 201111595 HEADQUARTERS EXECUTIVE REVIEW I Review Authority The signature below constitutes review of this report and acceptance by the Review Authority. will have 30 days from receipt of this report to reSpond to all ?ndings and recommendations. HQDRO EXECUTIVE REVIEW: (Please Print Name) Signature ?v?w 120th leuri? Title Assistant Director for Detention and Removal Management Date Zero Superior Good Acceptable El De?cient At?Risk No Rating Final Rating: Comments: The Review Authority concurs with the recommended rating of ?Acceptable? for the Baker County Detention Center Annual Review. No further action is required and this review is closed. Form G-324A zooe-r 3631. . . j) Page i ofl ?o -r REGISTER OF WAGE DETERMINATIONS UNDER US. DEPARTMENT OF LABOR THE ACT EMPLOYMENT STANDARDS Br direction ofthe Secretary of Labor more AND noun DIVISION - . wasnmoroN. no. 20210 - . inatl No.:2 0116 - . Shirley F.Bbbesen Division ofWage Sigma?; . .mN 4009' Director Determinations "mu 0" . Date of Last Revision: 07IIM009 State: lilorida Area: Florida County of Baker Employed on 0.8. Department of Homeland Security contract agreement (16A) for prisoner detention services bahveen . United States and Customs Enforcement. Prisoner Operations Division and Baker County Jail in FL. The wage rates and fringe benefits paid by above company are hereby adopted as prevailing. . NOTE: Under Section man) or the Service Contract Act no employees shall be paid less than the minimum wage specified. by Section of the Fair Labor Standards Act; $6.55 per hour. effective July 24, 2008. UNIFORM ALLOWANCE if employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract. by the employer, by the state or local law. etc), the cost of ?rmishing such uniforms and maintaining (by laundering - or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance: . The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the. responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bone this collective bargaining agreement providing for a different, amount, or the ?rmishing of contrary af?rmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate 033.35 per week (or 3.67 cents per day). However, in those instances where the uniforms furnished are made of ?wash and wear? materials. maybe routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, er_commercial larmdering in order to meet the cleanliness or appearance standards set by the terms of the Govemment contract, by the contractor, by law. or by the nature of the work. there is no requirement that employees be reimbursed for uniform maintenance costs. ?lezllanocuments and Settings\bstutle\Local Settings\Temporary Internet 7I1012009 . - . . . .