U.S. Department of Homeland Security
Immigration and Customs Enforcement
Office of Professional Responsibility
Inspections and Detention Oversight
Washington, DC 20536-5501

Office of Detention Oversight
Compliance Inspection
Enforcement and Removal Operations
ERO Buffalo Field Office
Albany County Correctional Facility
Albany, New York

November 18–20, 2014

COMPLIANCE INSPECTION
ALBANY COUNTY CORRECTIONAL FACILITY
BUFFALO FIELD OFFICE
TABLE OF CONTENTS
INSPECTION PROCESS
Report Organization .............................................................................................................1
Inspection Team Members ...................................................................................................2
EXECUTIVE SUMMARY ...........................................................................................................3
OPERATIONAL ENVIRONMENT
Detainee Relations ...............................................................................................................7
ICE 2000 NATIONAL DETENTION STANDARDS
Detention Standards Reviewed ............................................................................................8
Access to Legal Materials ....................................................................................................9
Detainee Classification System..........................................................................................10
Detainee Grievance Procedures .........................................................................................12
Environmental Health and Safety ......................................................................................13
Food Service ......................................................................................................................15
Special Management Unit – Administrative Segregation ..................................................18
Special Management Unit – Disciplinary Segregation ......................................................19
Staff-Detainee Communication .........................................................................................20
Telephone Access ..............................................................................................................22
Use of Force .......................................................................................................................24

INSPECTION PROCESS
The U.S. Immigration and Customs Enforcement (ICE), Office of Professional
Responsibility (OPR), Office of Detention Oversight (ODO) conducts broad-based compliance
inspections to determine a detention facility’s overall compliance with the applicable ICE
National Detention Standards (NDS) or Performance-Based National Detention
Standards (PBNDS), and ICE policies. ODO bases its compliance inspections around specific
detention standards, also referred to as core standards, which directly affect detainee health,
safety, and well-being. Inspections may also be based on allegations or issues of high priority or
interest to ICE executive management.
Prior to an inspection, ODO reviews information from various sources, including the Joint Intake
Center (JIC), Enforcement and Removal Operations (ERO), detention facility management, and
other program offices within the U.S. Department of Homeland Security (DHS). Immediately
following an inspection, ODO hosts a closeout briefing at which all identified deficiencies are
discussed in person with both facility and ERO field office management. Within days, ODO
provides ERO a preliminary findings report, and later, a final report, to assist in developing
corrective actions to resolve identified deficiencies.

REPORT ORGANIZATION
ODO’s compliance inspection reports provide executive ICE and ERO leadership with an
independent assessment of the overall state of ICE detention facilities. They assist leadership in
ensuring and enhancing the safety, health, and well-being of detainees and allow ICE to make
decisions on the most appropriate actions for individual detention facilities nationwide.
ODO defines a deficiency as a violation of written policy that can be specifically linked to ICE
detention standards, ICE policies, or operational procedures. Deficiencies in this report are
highlighted in bold and coded using unique identifiers. Recommendations for corrective actions
are made where appropriate. The report also highlights ICE’s priority components, when
applicable. Priority components have been identified for the 2008 and 2011 PBNDS; priority
components have not yet been identified for the NDS. Priority components, which replaced the
system of mandatory components, are designed to better reflect detention standards that ICE
considers of critical importance. These components have been selected from across a range of
detention standards based on their importance to factors such as health and safety, facility
security, detainee rights, and quality of life in detention. Deficient priority components will be
footnoted, when applicable. Comments and questions regarding this report should be forwarded
to the Deputy Division Director, OPR ODO.

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INSPECTION TEAM MEMBERS

(b)(6), (b)(7)c

Management and Program Analyst (Team Lead)
Inspections and Compliance Specialist
Contractor
Contractor
Contractor
Contractor
Contractor

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ODO
ODO
Creative Corrections
Creative Corrections
Creative Corrections
Creative Corrections
Creative Corrections

Albany County Correctional Facility
ERO Buffalo

EXECUTIVE SUMMARY
ODO conducted a compliance inspection of the Albany County Correctional Facility (ACCF) in
Albany, New York, from November 18 to 20, 2014. ACCF, which opened in 1931, is owned by
the County of Albany and operated by the Albany County Sheriff’s Office. ERO began housing
detainees at ACCF in 1996 under an Intergovernmental Service Agreement with the United
States Marshals Service. Male and female detainees of security classification levels I through VI
are detained at the facility for periods in excess of 72 hours. The inspection evaluated ACCF’s
compliance with the 2000 NDS.
Capacity and Population Statistics

The ERO Field Office
Director (FOD), in Buffalo, New
York, is responsible for ensuring
facility compliance with the 2000
NDS and ICE policies. No ICE
employees are physically located at
ACCF. There is no ERO Detention
Service Manager (DSM) assigned to
ACCF.

Quantity

Total Bed Capacity

1043

ICE Detainee Bed Capacity (No dedicated number)

N/A

Average Daily Population

651

Average ICE Detainee Population

16

Average Length of Stay (Days)

14

Male Detainee Population (as of 11/18/14)

4

Female Detainee Population (as of 11/18/14)

2

A Sheriff is responsible for oversight of daily facility operations and is supported by (b)(7)e
personnel. Aramark Correctional Services provides food services and Corizon Correctional
Healthcare provides medical services. The facility is accredited by the National Commission on
Correctional Health Care.
This inspection represented ODO’s first visit to ACCF. During this inspection ODO reviewed
15 NDS and found ACCF compliant with five standards. ODO found a total of 25 deficiencies,
in the remaining ten standards: Access to Legal Materials (1 deficiency), Detainee Classification
System (5), Detainee Grievance Procedures (2), Environmental Health and Safety (2), Food
Service (6), Special Management Unit-Administrative Segregation (1), Special Management
Unit-Disciplinary Segregation (1), Staff-Detainee Communication (3), Telephone Access (3),
and Use of Force (1). ODO made no recommendations regarding facility policy and procedures
and cited one best practice.1
This report details all deficiencies and refers to the specific, relevant sections of the 2000 NDS.
ERO will be provided a copy of this report to assist in developing corrective actions to resolve
all identified deficiencies. ODO discussed preliminary findings with ACCF and ERO
management during the inspection and at a closeout briefing conducted on November 20, 2014.
The admission process for detainees entering ACCF includes medical, mental health, and suicide
screenings. Detainees are issued all the items required by the standard and also undergo sexual
abuse and assault screenings. All incoming detainees receive pat-down searches and then are
required to sit in a “Boss Chair,” which electronically detects metal objects. Facility policy
prohibits strip searching detainees unless reasonable suspicion is established in accordance with
ICE and facility policy.
1

Best practices are annotated in this report as “BP.”

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All detainees are issued a copy of the ICE National Detainee Handbook, the facility handbook
and a Prison Rape Elimination Act pamphlet in English and Spanish. Detainees acknowledge
receipt by signing a form. Translation is available for detainees exhibiting literacy or language
difficulty. An ACCF committee reviews the facility handbook annually. Amendments are
posted in the housing units during the year. The handbook was last reviewed in August 2014.
Detainee property is inventoried, documented, marked and stored in a designated property room.
Incoming U.S. currency is deposited into a kiosk. Small valuables and foreign currency are
inventoried separately, and maintained in the property room. Transaction receipts are provided
to detainees, placed in the detention file, and forwarded to the ACCF financial clerk.
Classification of detainees is conducted by ACCF staff. ACCF’s classification system takes into
account both the criminal and mental health history of detainees. ACCF’s classification system
follows the State of New York’s classification requirements, but not ICE’s requirements. Due to
ACCF’s classification practices, level III detainees are not always monitored or escorted. The
facility handbook fails to provide notice of any appeal process.
ACCF does not have one designated law library; instead, each housing unit contains a computer
with access to LexisNexis. Detainees may access the computers from 8:00 a.m. to 9:00 p.m.,
two days a week. Computers are located within 12 feet of the officer’s post, which allows for
adequate supervision, but does not isolate users from noise or distractions.
Detainees have opportunities to file grievances; however, the facility does not provide detainees
all the proper notifications required in the standards, such as the procedures for identifying and
handling emergency grievances, the procedures for appealing decisions to ICE, and how to file a
complaint about officer misconduct directly with the DHS Office of Inspector General.
ACCF’s master index lists hazardous substances and includes locations, Material Safety Data
Sheets, emergency contact information, and documentation of periodic review for accuracy. The
New York State Fire Marshal conducted an inspection of ACCF in May 2014. ODO observed
only written evacuation plans in English were posted in the facility. No exit diagrams were
posted in the facility. ACCF policy requires completion and documentation of fire drills in each
department; however, fire drills are conducted in all areas on a quarterly basis rather than
monthly.
The food service operation is managed by Aramark Correctional Services. Staffing consists of a
food service director (b)(7)e ssistant directors, a food service manager,(b)(7)ecook supervisors and a
crew of(b)(7)enmate workers. No detainees work in food service. All staff and inmate workers
receive pre-employment medical clearances.
ACCF has a satellite system of meal service involving preparation of meals in the kitchen and
delivery to the housing units. ODO’s inspection of the sack meals for transportation found they
did not include a pre-package snack. Additional deficiencies were found with the kitchen
equipment and physical space. Paint was observed peeling from the walls, ceiling, and ductwork
in various locations in the kitchen. An overhead pipe in the dry storage area was dripping water
into a large trash can. Trash and food items were present on the floor in the main kitchen area on
consecutive days during the inspection. A large mixer had food and batter splashes on its upper
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portion and sides, and the drip pan for the stove was covered with burnt grease and baked-in food
matter. The employee and inmate worker restrooms were lacking soap, hand towel dispensers,
and trash receptacles. Some of these deficiencies were addressed during the inspection.
ACCF health care is provided by Correctional Medical Care, Inc. (CMC) a private correctional
healthcare company. CMC provides health care coverage 24 hours a day, seven days a week.
The medical staff is comprised of a Health Service Administrator (HSA), who is a registered
nurse (RN), and the medical director is a physician who is the designated clinical medical
authority. An additional(b)(7)eRNs and(b)(7)elicensed practical nurses are on staff. CMC staff
includes a nurse practitioner, an administrative assistant (b)(7)e medical records technicians, a
dentist, and a dental assistant.
Mental health services are provided by employees of the Albany County Mental Health
Department. Healthcare and emergency services not available at the facility are provided at
Albany County Medical Center ten minutes away. ODO confirmed credentials for all medical
personnel are current and primary source verified. Current training in cardiopulmonary
resuscitation (CPR), automated external defibrillator (AED), and first aid was documented in the
files of all health care staff and ten randomly selected correctional staff at the time of the
inspection.
ACCF’s health services unit consists of a nursing sick call area with two holding cells, an
officer’s station, and two rooms used for sick call examination. The health services unit also has
three examination/treatment rooms, a pharmacy, and dental and optometry suites. In addition,
there is an infirmary with two observation and two negative pressure isolation cells; three
examination rooms; a nursing station; X-ray suite; four administrative offices and staff
restrooms, and a room used for storage of equipment and supplies and biohazards waste pending
removal from the facility by the Stericycle company.
Detainees access healthcare by submitting sick call requests directly to medical staff during
medication distribution, or placing them in secure medical boxes within the general population
housing units. ACCF uses the Language Link telephonic interpretation service as needed to
communicate with detainees.
The facility’s policy on suicide prevention and intervention met all requirements contained in the
NDS. ACCF staff confirmed there have been no suicide attempts or suicide watches during the
12 months preceding this inspection. Detainees are screened for suicide risk during intake
screening, and procedures are in place for referral to medical staff for evaluation. Medical and
detention staff received suicide prevention and intervention training, which includes an annual
“man down” drill to simulate a suicide emergency, wherein staff must demonstrate suicide
intervention and emergency response techniques. ODO cites this as a best practice (BP-1).
Although ACCF was not required to comply with the 2011 PBNDS Sexual Abuse and Assault
Prevention and Intervention (SAAPI) standard at the time of the inspection, ODO noted the
efforts made by the facility to comply with the standard’s requirements. The facility has
established a comprehensive zero-tolerance written policy and procedures that address the Prison
Rape Elimination Act (PREA). New staff and contractors receive PREA training during
orientation. Detainees are provided information by way of the facility handbook with a PREA
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pamphlet insert, and are shown an orientation video regarding sexual misconduct and how to
report it. ODO observed postings in the housing units and booking areas regarding the facility’s
zero tolerance for sexual assault and abuse, and how to report allegations. Detainees are asked
about any history of sexual abuse during the admission process.
ACCF’s SMU for administrative and disciplinary segregation has 19 single occupancy cells.
Separation is afforded by cell assignment. ODO’s inspection found the cells were well-lit,
adequately ventilated, and maintained in a sanitary condition. No detainees were on
administrative segregation during the 12 months preceding this inspection. ACCF does not have
a policy governing the SMU. Instead, written procedures for its operation are addressed in the
post order for the unit. However, the post order does not include procedures for review of
detainees on administrative segregation.
No detainees were on disciplinary segregation at the time of the compliance inspection, and
according to facility staff and ERO, no detainees received disciplinary segregation sanctions
during the 12 months preceding this inspection. ODO’s review of the facility’s written
procedures confirmed there are no written procedures for status review of detainees on
disciplinary segregation.
Detainees have opportunities to communicate with ERO staff in writing and in person.
Scheduled visits by ERO staff occur twice weekly, and notices are posted in the detainee living
areas and other areas with detainee access. ODO found ERO staff does not conduct
unannounced visits as required, and the facility handbook lacks specific notices and procedures
for communicating with ICE. Also, the DHS OIG hotline posters were not in every housing unit
and appropriate common areas.
Detainees may access telephones from 7:00 a.m. to 11:00 p.m. daily. During the inspection, all
the telephones were in proper working order. Call rates for interstate prepaid calls is $0.21 per
minute and interstate collect calls are $0.25 per minute. The facility handbook lacked required
information, including that non-legal calls are subject to monitoring. Both facility and ERO staff
reported conducting routine telephone checks.
ACCF has a written policy governing the use of force. Confrontation avoidance is emphasized
in policy as well as in the training curriculum. ACCF’s non-deadly force devices include
oleoresin capsicum (OC) spray and tasers; however, the policy states use of tasers on detainees is
prohibited. Written documentations and security camera video confirmed there were no
incidents involving detainees during the 12 months preceding this inspection. A review of
facility policy confirmed it addresses all elements required by the NDS with one exception: it
does not include procedures for conducting an after action review of use-of-force incidents.

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OPERATIONAL ENVIRONMENT
DETAINEE RELATIONS
ODO interviewed a total of five detainees (4 males and 1 female)2 housed at the facility at the
time of this inspection to assess the conditions of confinement at ACCF. All detainees
interviewed had been housed at the facility from one day to two months. Interview participation
was voluntary and none of the detainees reported having witnessed or experienced any
mistreatment, discrimination, or abuse (physical, verbal or sexual) while at ACCF.
None of the detainees interviewed expressed dissatisfaction with facility services, including food
service and medical care. All confirmed receipt of the ICE National Detainee Handbook, facility
handbook and hygiene items. All stated they have access to grievance forms, legal material,
recreation, religious services, visitation, and interpretation services. Detainees stated ERO staff
visit the housing units and interact with them at least twice weekly.

2

One of the two female detainees declined an interview.

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ICE 2000 NATIONAL DETENTION STANDARDS
ODO reviewed a total of 15 NDS and found ACCF fully compliant with the following five
standards:
1.
2.
3.
4.
5.

Admission and Release
Detainee Handbook3
Funds and Personal Property
Medical Care
Suicide Prevention and Intervention

As the standards above were compliant at the time of the inspection, a synopsis for these
standards is not included in this report.
ODO found 25 deficiencies in the following ten standards.
1. Access to Legal Materials
2. Detainee Classification System
3. Detainee Grievance Procedures
4. Environmental Health and Safety
5. Food Service
6. Special Management Unit -Administrative Segregation
7. Special Management Unit-Disciplinary Segregation
8. Staff-Detainee Communication
9. Telephone Access
10. Use of Force
Findings for these standards are presented in the remainder of this report.

3

The Detainee Handbook standard was found compliant during the inspection; however, deficiencies related to the
Detainee Handbook are located under Deficiencies DCS-5, DGP-2 and SDC-2.

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ACCESS TO LEGAL MATERIAL (ALM)
ODO reviewed the Access to Legal Material standard at ACCF to determine if detainees have
access to a law library, legal materials, courts, counsel, and document copying equipment to
facilitate the preparation of legal documents, in accordance with the ICE 2000 NDS. ODO
reviewed policy and procedures, toured the facility, interviewed staff, viewed Lexis-Nexis
software and supplies, and inspected documentation
ACCF does not have a room designated for law library purposes. Each housing unit has a
computer equipped with the current version of LexisNexis and electronic versions of all other
legal materials required by the standard. The computers are located within 12 feet of the
officer’s station to allow adequate supervision; however, ODO observed the computer locations
within the housing units do not afford sufficient isolation from noise or distractions (Deficiency
ALM-1).
Computers are available between the hours of 8:00 a.m. to 9:00 p.m., two days a week.
Procedures are in place to allow additional time upon request. Access rules and available legal
materials were present. ODO’s review of logs found infrequent use of the computers by ICE
detainees.
ACCF has a designated law library clerk responsible for updating and maintaining the
operability of all computers and the printers on a weekly basis or as needed. Printing and
copying capability is provided at no charge. The clerk is also responsible for making daily
rounds to respond to any special requests related to access to legal materials.
The ACCF policy states outside organizations and persons may submit published legal material
for installation on the computer with ERO authorization. Detainees are permitted to provide
assistance to other detainees. The facility prohibits charging other detainees for legal assistance.
Non-English speaking or illiterate detainees receive assistance from ACCF staff or other
detainees upon request. Detainees are permitted to retain all their legal materials in general
population and the SMU.

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY ALM-1
In accordance with the ICE 2000 NDS, Access to Legal Materials, section (III)(A), the FOD
must ensure, “The facility provides a law library in a designated room with sufficient space to
facilitate detainees’ legal research and writing. The law library shall be large enough to provide
reasonable access to all detainees who request its use. It shall contain a sufficient number of
tables and chairs in a well-lit room, reasonably isolated from noisy areas.”

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DETAINEE CLASSIFICATION SYSTEM (DCS)
ODO reviewed the Detainee Classification System standard at ACCF to determine if there is a
requirement for a formal classification process for managing and separating detainees based on
verifiable and documented data, in accordance with the ICE 2000 NDS. ODO toured the facility,
reviewed policy, the facility handbook and other relevant documentation, inspected detainee
files, interviewed several ACCF staff, as well as the local ICE representatives.
Classification of detainees is handled by ACCF staff using information provided from ERO.
During the inspection, ACCF staff reported ERO staff does not provide all the documentation
necessary to properly classify detainees. ERO staff only provides an I-203 “Order to Detain”
form and a Federal Bureau of Investigations (FBI) number for all new detainee arrivals
(Deficiency DCS-1). ACCF staff acknowledged this practice does not meet the standard, and
the issue was discussed with both ERO and ACCF leadership during the inspection.
The facility has a thorough classification policy in place; however, the classification system is
based on levels I through VI, as required by the State of New York. The facility does not follow
ICE’s classification system (Deficiency DCS-2). Detainees and county inmates are separated
using this I through VI level system. Each level is housed independent of the other, and the
roster confirmed the detainees were housed separately, according to their classification levels.
Facility staff was unaware of the ICE classification system and were unable to articulate any
comparisons to their VI level system and the ICE III level system. This level system disparity
was brought to the attention of ACCF and local ERO staff.
All detainees are classified before being admitted to general population. After booking,
detainees are held in the reception unit, where they watch an orientation video and held up to five
days pending medical clearance (TB test). The orientation video contains information on facility
operations, rules and regulations, and provides an overview of PREA.
In the reception unit, each detainee is confined to a cell for 23 hours per day where there is no
commingling of detainees. Dayroom/recreation time is regulated. A caseworker meets with the
detainee in the unit and gathers personal information. The ACCF classification sergeant uses
this information, the I-203 form, and any data gathered through an FBI number review to classify
the detainee. The FBI number allows ACCF staff to obtain background information on the
detainee, including information from the National Crime Information Center. The classification
sergeant confirmed the classification decision made by her is final and there is no supervisory
review (Deficiency DCS-3).
There were six detainees at ACCF at the time of the inspection. All six files were reviewed and
found to contain an I-203, and FBI number check report. Three of the six were classified using
the New York numerical level system, and these classification documents were contained in the
appropriate files. In reviewing the facility roster, ODO found two detainees classified as level II
and one as level III (NY classification level system). Each was separated by their level in
general population. Three of the detainees were new arrivals, and because they had not yet been
classified, they did not have any classification documents in their files.

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Because ACCF does not use the ICE III level system, a level III detainee is not always monitored
or escorted (Deficiency DCS-4). Facility staff reported that the only inmates or detainees that
are ever escorted are those identified in a Security Risk Group Status (SRGS).
Detainees are allowed to be reclassified per policy and the facility handbook. They can also
appeal their classification decisions through the grievance process or in writing to the
classification sergeant. However, detainees are not given notice of any appeal process in the
policy or facility handbook (Deficiency DCS-5).

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIECNY DCS-1
In accordance with ICE 2000 NDS, Detainee Classification System section (III)(A)(1), the FOD
will ensure that “ICE will provide CDF’s and IGSA facilities with the data they need from each
detainee’s file to complete the classification process.”
DEFICIENCY DCS-2
In accordance with ICE 2000 NDS, Detainee Classification System section (III)(B), the FOD
will ensure that the officer assigned to intake/processing “will review the detainee’s A-file,
work-folder and/or information provided by ICE, to identify and classify each new arrival
according to the Detainee Classification System (DCS).”
DEFICIENCY DCS-3
In accordance with ICE 2000 NDS, Detainee Classification System section (III)(C), the FOD
will ensure that “a supervisor will review the intake/processing officer’s classification files for
accuracy and completeness.”
DEFICIENCY DCS-4
In accordance with ICE 2000 NDS, Detainee Classification System section (III)(E)(3), the FOD
will ensure that “level III detainees are always monitored and escorted.”
DEFICIENCY DCS-5
In accordance with ICE 2000 NDS, Detainee Classification System section (III)(I)(2), the FOD
will ensure that the detainee handbook’s section on classification will include “the procedures by
which a detainee may appeal his/her classification.”

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DETAINEE GRIEVANCE PROCEDURES (DGP)
ODO reviewed the Detainee Grievance Procedure standard at ACCF to determine if a process to
submit formal or emergency grievances exists, and responses are provided in a timely manner,
without fear of reprisal. In addition, the review was conducted to determine if detainees have an
opportunity to appeal responses, and if accurate records are maintained, in accordance with the
ICE 2000 NDS.
The grievance system at ACCF allows detainees to file informal and formal grievances;
however, the facility does not have procedures for identifying and handling an emergency
grievance (Deficiency DGP-1). Grievance forms are available in each housing unit and
detainees may obtain assistance from other detainees or facility staff in preparing a grievance.
Interpretive services are available telephonically. The facility forwards any grievances alleging
staff misconduct to ERO and has established a grievance committee to address detainee appeals.
A designated grievance officer maintains an electronic grievance log to document and track all
grievances and respective outcomes. The log confirmed there were no informal or formal
grievances filed by detainees during the 12 months preceding this inspection.
ACCF’s handbook includes all the required notifications and information with exception of the
procedures for contacting ICE to appeal the decision of the facility’s officer in charge, or
information about the opportunity to file a complaint about officer misconduct directly with the
Justice Department (Deficiency DGP-2).

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY DGP-1
In accordance with the ICE 2000 NDS, Detainee Grievance Procedures, section (III)(B), the
FOD must ensure, “Each facility shall implement procedures for identifying and handling an
emergency grievance.”
DEFICIENCY DGP-2
In accordance with the ICE 2000 NDS, Detainee Grievance Procedures, section (III)(G)(4)(6),
the FOD must ensure, “The grievance section of the detainee handbook will provide notice of the
following:
4. The procedures for contacting ICE to appeal the decision of the OIC of a CDF or an
IGSA facility.
6. The opportunity to file a complaint about officer misconduct directly with the Justice
Department by calling 1-800-869-4499 or by writing to:”
Department of Justice
P.O. Box 27606
Washington, DC 20038-7606

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ENVIRONMENTAL HEALTH AND SAFETY (EH&S)
ODO reviewed the Environmental Health and Safety standard at ACCF to determine if the
facility maintains high standards of cleanliness and sanitation, safe work practices, and control of
hazardous materials and substances, in accordance with the ICE 2000 NDS. ODO toured the
facility, interviewed staff, and reviewed policies and documentation of inspections, hazardous
chemical management, and fire drills.
The sanitation of the facility was good overall. However, in some stairwells of the older
building, leaves had blown in through open windows. In addition, inspection of the eight shower
stalls within the detainee housing unit found all had soap scum and two shower heads were
leaking. The safety officer made note of these observations and indicated he would have them
corrected.
ODO confirmed the facility’s master index of hazardous substances included storage locations,
an up-to-date listing of emergency telephone numbers, and the master file of Material Safety
Data Sheets (MSDS). The index and MSDS are available electronically on all staff computer
stations in the facility. A form documenting the semi-annual reviews of the master index was
reviewed and confirmed current and complete. In addition, documentation reflected a copy of
the index was furnished to the local fire department. ODO verified inventories of chemicals
were current. During interviews, officers articulated knowledge of procedures for control and
handling chemicals. A review of(b)(7)estaff training files confirmed annual and in-service training
on safety procedures.
Documentation of weekly and monthly fire and safety inspections by a qualified safety officer
was reviewed. ACCF has(b)(7)e certified safety officers who conduct the weekly and monthly
inspections. The facility was inspected by the New York State Fire Marshal in May of 2014.
ODO observed only written evacuation plans in English were posted in the facility. No exit
diagrams were posted at any location (Deficiency EH&S-1). When questioned about the lack of
diagrams, the safety officer and other administrative staff informed ODO the New York State
Commission on Corrections granted a waiver to not post the diagrams for security reasons;
however, none of the staff could produce documentation of the waiver.
Fire drills were conducted in all areas on a quarterly basis rather than monthly (Deficiency
EH&S-2). Staff stated the New York State Commission on Corrections requires only quarterly
fire drills. ODO’s review of fire drill documentation confirmed emergency keys were drawn and
tested.
Inspection of the medical department found sharps are inventoried at the beginning and end of
each shift. ODO conducted an inventory of the sharps with the Health Services Administrator
and confirmed they were current and accurate.

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STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY EH&S-1
In accordance with the ICE 2000 NDS, Environmental Health and Safety, section
(III)(L)(3)(g)(h), the FOD must ensure, “Every institution will develop a fire prevention, control,
and evacuation plan to include, among other things, the following:
g. accessible, current floor plans (buildings and rooms); prominently posted evacuation
maps/plans; exit signs and directional arrows for traffic flow; with a copy of each
revision filed with the local fire department;
h. conspicuously posted exit diagrams conspicuously posted for and in each area.”
DEFICIENCY EH&S-2
In accordance with the ICE 2000 NDS, Environmental Health and Safety, section (III)(L)(4), the
FOD must ensure, “Monthly fire drills will be conducted and documented separately in each
department.”

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FOOD SERVICE (FS)
ODO reviewed the Food Service standard at ACCF to determine if detainees are provided with a
nutritious and balanced diet, in a sanitary manner, in accordance with the ICE 2000 NDS. ODO
reviewed documentation, interviewed staff, inspected the food service area, and observed meal
preparation and service.
The food service operation is managed by contractor, Aramark Correctional Services. Aramark
staff consists of the food service director and two assistant directors. In addition, there is a food
service manager and(b)(7)ecook supervisors employed by Albany County. A correctional officer is
assigned to the kitchen during the hours that the(b)(7)eperson inmate work crew is present. No
detainees work in food service. ODO reviewed and verified documentation of medical
clearances for the inmate workers and all Aramark and county food service staff were present.
The facility has a satellite feeding operation. During observation of food preparation, ODO
noted a staff person checked food temperatures to confirm they met requirements. Prepared food
was placed in insulated trays which were loaded on carts and delivered to the housing unit by an
inmate worker under the direct supervision of a correctional officer. All items were on the
approved menu and in the portion size prescribed by the menu. ODO’s inspection of the sack
meals for transportation found they contained two non-pork meat sandwiches, an apple or
orange, and cookies, but did not include a pre-packaged snack (Deficiency FS-1). The food
service director stated he was unfamiliar with the NDS and did not know a snack item was
required.
ODO verified all menus were certified by a registered dietitian, and procedures were in place for
providing religious and medically prescribed meals. During the inspection, there were no
detainees on religious or medical diets.
A contract is in place for pest control services. No signs of any vermin or pest infestation were
noted by ODO. The kitchen is inspected annually by the New York State Health Department,
the last inspection having been conducted on November 6, 2014. Kitchen staff completes daily
inspections, the Aramark food service director conducts weekly inspections, and a team
consisting of the food service director, food service manager, safety officer, and a member of the
medical staff conduct monthly inspections. ODO observed the sanitary conditions in the kitchen
were poor. Paint was observed peeling from the walls, ceiling, and ductwork in various locations
in the kitchen. An overhead pipe in the dry storage area was dripping water into a large trash can
(Deficiency FS-2). The facility initiated corrective action and the leak was repaired prior to
completion of the inspection. Trash and food items were present on the floor in the main kitchen
area on consecutive days during the inspection (Deficiency FS-3). A large mixer had food and
batter splashes on its upper portion and sides, and the drip pan for the primary stove was covered
with burnt grease and baked-in food matter (Deficiency FS-4). Inspection of the employee and
inmate worker restrooms found they were maintained in an unsanitary condition and lacking
soap, hand towel dispensers, and trash receptacles. Trash was observed on the floors, and paint
was peeling from the walls and ceiling (Deficiency FS-5). These conditions signify the facility
does not meet the NDS requirement to maintain a high level of sanitation in the food service
department (Deficiency FS-6).

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STANDARD/POLICY REQUIREMENT FOR DEFICIENT FINDINGS
DEFICIENCY FS-1
In accordance with ICE 2000 NDS, Food Service, section (III)(G)(6)(c)(3), the FOD must
ensure, “Each sack meal shall include:
3. Such extras as properly packaged fresh vegetables, e.g., celery sticks, carrot sticks, and
commercially packaged “snack foods”, e.g., peanut butter crackers, cheese crackers,
individual bags of potato chips. These items enhance the overall acceptance of the
lunches.”
DEFICIENCY FS-2
In accordance with ICE 2000 NDS, Food Service, section (III)(H)(5)(b), the FOD must ensure,
“All facilities meet the following environmental standards:
b. Overhead pipes removed or covered, to eliminate the food safety hazard posed by leaking
or dusty pipes.”
DEFICIENCY FS-3
In accordance with ICE 2000 NDS, Food Service, section (III)(H)(5)(c), the FOD must ensure,
“All facilities meet the following environmental standards:
c. Routinely cleaned walls, floors, and ceilings in all areas.”
DEFICIENCY FS-4
In accordance with ICE 2000 NDS, Food Service, section (III)(H)(7)(c)(2), the FOD must
ensure,
2. “Equipment surfaces not intended for contact with food, but located in places exposed to
splatters, spills, etc., require frequent cleaning. Therefore, they shall be reasonably
smooth, washable, free of unnecessary ridges, ledges, projections, and crevices, with
upkeep that contributes to cleanliness and sanitation.”
DEFICIENCY FS-5
In accordance with ICE 2000 NDS, Food Service, section (III)(H)(9)(a)(c), the FOD must
ensure,
a. “Adequate and conveniently located toilet facilities shall be provided for all service staff
and detainee workers. Toilet fixtures shall be of sanitary design and readily cleanable.
Toilet facilities, including rooms and fixtures, shall be kept clean and in good repair.
Signs shall be prominently displayed directing all personnel to wash hands after using the
toilet.
c. Soap or detergent and paper towels or a hand drying device providing heated air shall be
available at all times in each lavatory. Waste receptacles shall be conveniently placed
near the hand-washing facilities.”

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DEFICIENCY FS-6
In accordance with ICE NDS, Food Service, section (III)(H)(1), the FOD must ensure, “All food
service employees are responsible for maintaining a high level of sanitation in the food service
department. Food service staff shall teach detainee workers personal cleanliness and hygiene;
sanitary methods or preparing, storing, and serving food; and the sanitary operation, care and
maintenance of equipment, including automatic dishwashers and pot and pan washers. An
effective food sanitation program both prevents health problems and creates a positive
environment.”

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SPECIAL MANAGEMENT UNIT (SMU) - ADMINISTRATIVE
SEGREGATION
ODO reviewed the Special Management Unit – Administrative Segregation standard at ACCF to
determine if the facility has procedures in place to temporarily segregate detainees for
administrative reasons, in accordance with the ICE 2000 NDS. ODO toured the Special
Management Unit (SMU), interviewed staff, and reviewed policies and SMU documentation.
ACCF’s SMU has 19 single-occupancy cells. There are three showers and two recreation
enclosures. Inspection found the cells were well ventilated, adequately lit, appropriately heated
and maintained in good sanitary condition. There were no detainees on administrative
segregation at the time of the inspection and ODO’s review of the SMU log for the 12 months
preceding this inspection identified no detainee placements. Staff estimated it had been two
years since a detainee was placed in the SMU.
ACCF does not have a policy governing the SMU. Instead, written procedures for its operation
are addressed in the post order for the unit. ODO’s review confirmed the post order addresses
issuance of segregation orders, living conditions, privileges and services consistent with the
standard; however, it does not include procedures for review of detainees on administrative
segregation (Deficiency SMU AS-1).
It is noted the SMU is not used for detainees with mental health issues. Rather, detainees
determined in need of separation from the general population by mental health professionals are
assigned to the mental health unit. Mental health professionals are stationed within the unit and
see patients daily. There was no record of placement of a detainee in the mental health unit.

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY SMU AS-1
In accordance with the ICE 2000 NDS, Special Management Unit – Administrative Segregation,
section (III)(C), the FOD must ensure, “All facilities shall implement written procedures for the
regular review of all administrative detention cases, consistent with the procedures specified
below.”

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SPECIAL MANAGEMENT UNIT (SMU) - DISCIPLINARY
SEGREGATION
ODO reviewed the Special Management Unit –Disciplinary Segregation standard at ACCF to
determine if the facility has procedures in place to temporarily segregate detainees for
disciplinary reasons, in accordance with the ICE 2000 NDS. ODO toured the Special
Management Unit (SMU), interviewed staff, and reviewed policies and SMU documentation.
ACCF’s SMU for both administrative and disciplinary segregation has 19 single-occupancy
cells. There are three showers and two recreation enclosures. Inspection found the unit well
ventilated, adequately lit, appropriately heated and in good sanitary condition. There were no
detainees on disciplinary segregation at the time of the inspection, and ODO’s review of the
SMU log identified no detainee disciplinary segregation placements for the 12 months preceding
this inspection. Staff estimated it had been two years since a detainee was placed in the SMU.
ODO’s review of the facility’s written procedures confirmed detainees may be placed on
disciplinary segregation status only when sanctioned for a rule violation at a disciplinary hearing.
Required living conditions, privileges, services and reviews mirror the requirements of the
standard; however, there are no written procedures for status review of detainees on disciplinary
segregation (Deficiency SMU DS-1).

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY SMU DS-1
In accordance with the ICE 2000 NDS, Special Management Unit – Disciplinary Segregation,
section (III)(C), the FOD must ensure, “All facilities shall implement written procedures for the
regular review of all disciplinary segregation cases, consistent with the procedures specified
below.”

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STAFF-DETAINEE COMMUNICATION (SDC)
ODO reviewed the Staff-Detainee Communication standard at the ACCF to determine if
procedures are in place to allow formal and informal contact between detainees and key ICE and
facility staff; and if ICE detainees are able to submit written requests to ICE staff and receive
responses in a timely manner, in accordance with the ICE 2000 NDS. ODO reviewed policies
and procedures, request forms, logs and interviewed detainees and staff.
ODO’s review of the facility liaison visit logbook and facility electronic records revealed that
ERO staff does not conduct unannounced visits with detainees, or to facility housing units, food
service areas, the recreation area, special management units, or infirmary rooms
(Deficiency SDC-1). The unannounced visits provide ICE management an opportunity to
observe the general environment at the facility, and encourage informal conversations with
facility staff and detainees. (b)(7)e IEAs are assigned to the facility to conduct weekly scheduled
visits and to address inquiries and requests from detainee. ERO visitation schedules are
conspicuously posted in English and Spanish languages in each housing unit, including the
special management units. ODO visited three housing units and the special management units,
and confirmed each housing unit had a logbook to document ICE visits.
Scheduled visits by ERO staff occur on Tuesday and Friday, and notices are posted in the
detainee living areas and other areas with detainee access. These visits are documented on
facility liaison visit checklists maintained at the ERO Buffalo Field Office.
Detainees have opportunities to communicate with ERO and ACCF staff regularly. Detainee
request forms are available in all housing units. Detainees give all request forms regarding
facility concerns to the housing unit officer. When detainees have requests for ERO, housing
unit officers provide envelopes to detainees so that requests can be sealed and placed in a
separate box for ERO. ERO staff maintains an electronic log to document detainee requests.
The electronic log captures the date of receipt, the detainee’s name and nationality, A-number,
name of the staff member who logged the requests, the date the request was returned to the
detainee, and other pertinent information. ODO reviewed four detainee requests during 12
months preceding this inspection and noted ERO staff responded to all four requests within 72
hours. A review of the request log found all four requests involved immigration proceedings.
ODO’s review of four active and 15 inactive detention files found completed detainee requests
forms are maintained in each detainees’ detention file.
ODO reviewed a random sample of the facility liaison visit checklists during the 12 months
preceding this inspection and noted all forms were properly completed. ERO staff performs and
documents weekly serviceability of telephones accessible to detainees. ODO tested all
telephones available for use by detainees and confirmed each was functional.
ODO reviewed facility policies and the facility handbook. The facility handbook does not
contain information that states the detainee has the opportunity to submit written questions,
requests, or concerns to ERO staff and the procedures for doing so (Deficiency SDC-2). In
accordance with the ICE “Change Notice National Detention Standards,” dated June 15, 2007,
DHS Office of Inspector General Hotline posters were not observed in every housing unit and in
appropriate common areas (Deficiency SDC-3).
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STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY SDC-1
In accordance with the ICE 2000 NDS, Staff-Detainee Communication, section (III)(A)(1), the
FOD must ensure, “policy and procedures shall be in place to ensure and document that the ICE
Officer in Charge (OIC), the Assistant Officer in Charge (AOIC) and designated department
heads conduct regular unannounced (not scheduled) visits to the facility’s living and activity
areas to encourage informal communication between staff and detainees and informally
observing living and working conditions. These unannounced visits shall include but not be
limited to:
a.
b.
c.
d.

Housing Units;
Food Service preferably during the lunch meal;
Recreation Area;
Special Management Units (Administrative and Disciplinary Segregation); and Infirmary room.”

DEFICIENCY SDC-2
In accordance with the ICE 2000 NDS, Staff-Detainee Communication, section (III)(B)(3), the
FOD must ensure, “the handbook shall state that the detainee has the opportunity to submit
written questions, requests, or concerns to ICE staff and the procedures for doing so, including
the availability of assistance in preparing the request.”
DEFICIENCY SDC-3
In accordance with the Change Notice, National Detention Standards Staff Detainee
Communication, dated June 15, 2007, “Each Field Office Director shall ensure that the attached
document regarding the OIG Hotline is conspicuously posted in all units housing ICE detainees.
This applies to all Service Processing Centers, Contract Detention Facilities and InterGovernment Service Agreement facilities.”
DHS OIG Hotline
Write to:
245 Murray Drive, S.E., Building 410
Washington, D.C. 20538
Email to:
DHSOIGHOTLINE@DHS.GOV
Or Telephone
1-800-323-8603”

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TELEPHONE ACCESS (TA)
ODO reviewed the Telephone Access standard at ACCF to determine if the facility provides
detainees with reasonable and equitable access to telephones to maintain ties with family and
others in the community, in accordance with the ICE 2000 NDS. ODO reviewed policy,
procedures, and the facility handbook, interviewed staff, randomly tested phones, and observed
phone areas and phones in use.
Global Tel Link (GTL) is ACCF’s telephone provider. Routine detainee calls are collect or
prepaid via the GTL account program. Instructions for establishing an account are posted and
addressed in the facility handbook. The rate for interstate prepaid calls is $0.21 per minute and
interstate collect calls are $0.25 per minute. Upon admission, each detainee is provided a free
phone call.
Telephone use is addressed in the facility handbook and a document listing telephone “Dos and
Don’ts” was posted at the phone banks. However, this document does not include telephone
access rules. ODO found the same information provided in the handbook is included in ACCF’s
“ICE Detainee Posting Book.” This book contains English and Spanish versions of required
notifications and was available in most housing units. The book was missing from two male
housing areas and the female unit (Deficiency TA-1).
During a tour of the housing units, ODO confirmed ACCF meets or exceeds the required
telephone-to-detainee ratio in all areas. ODO tested 18 randomly selected telephones and
verified operability. A review of documentation confirmed ERO staff conducts weekly
serviceability checks which include calling a minimum of five consulates and one pro bono legal
service. Staff produced a listing of phone numbers which detainees may call free-of-charge,
including the DHS OIG, consulates, courts and legal services. The numbers are programmed not
to record. Procedures are in place for detainees to request the opportunity to place a call in
private, and for returning calls of an emergency nature.
Telephone calls of a non-legal nature are subject to monitoring at ACCF; however, monitoring of
calls is not addressed in the facility’s policy (Deficiency TA-2). Detainees are notified non-legal
calls are monitored by way of a recording upon initiation of a call and the facility handbook.
They are not provided with information on the procedure for requesting an unmonitored call
(Deficiency TA-3).

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY TA-1
In accordance with the ICE 2000 NDS, Telephone Access, section (III)(B), the FOD must
ensure, “The facility posts telephone access rules in writing where the detainees may easily see
them.”
DEFICIENCY TA-2
In accordance with the ICE 2000 NDS, Telephone Access, section (III)(K), the FOD must
ensure, “The facility shall have a written policy on the monitoring of detainee telephone calls.”

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DEFICIENCY TA-3
In accordance with the ICE 2000 NDS, Telephone Access, section (III)(K)(2), the FOD must
ensure, “The facility shall also place notice at each monitored telephone stating the procedure for
obtaining an unmonitored call to a court, legal representative, or for the purposes of obtaining
legal representation.”

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USE OF FORCE (UOF)
ODO reviewed the Use of Force standard at the ACCF to determine if necessary use of force is
utilized only after all reasonable efforts have been exhausted to gain control of a subject, while
protecting and ensuring the safety of detainees, staff and others, preventing serious property
damage, and ensuring the security and orderly operation of the facility, in accordance with the
ICE 2000 NDS. ODO toured the facility, inspected equipment, interviewed staff, reviewed local
policy, training records, and documentation.
ODO was informed there were no use of force incidents involving detainees during the 12
months preceding this inspection. ACCF staff stated they could not recall using force on a
detainee. ACCF has fixed security cameras positioned throughout the facility and two hand-held
audio-visual cameras for use during calculated use of force incidents. The hand-held cameras
are located in two different secure offices for ready accessibility.
ACCF has (b)(7)emember Correctional Emergency Response Team (CERT). The facility’s
intermediate force devices include OC spray and tasers, though it is noted the policy states use of
tasers on detainees is prohibited. The policy also states the Superintendent or designee must
authorize use of both tasers and OC spray, and a CERT squad leader must supervise the action.
A review of(b)(7)erandomly selected officers’ training records confirmed initial and annual training
in use of force, and current certification in the use of OC spray and taser deployment. ODO
confirmed CERT members receive refresher training on a quarterly basis, and protective gear is
available for CERT actions.
A review of facility policy confirmed it addresses all elements required by the standard with one
exception: it does not include procedures for conducting after action reviews of use of force
incidents (Deficiency UOF-1).

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY UOF-1
In accordance with the ICE 2000 NDS, Use of Force, section (III)(K), the FOD must ensure,
“Written procedures shall govern the use of force incident review, whether calculated or
immediate, and the application of restraints. The review is to assess the reasonableness of the
actions taken (force proportional to the detainee's actions), etc. IGSA will pattern their incident
review process after INS. INS shall review and approve all After Action Review procedures.”

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