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

Office of Detention Oversight
Compliance Inspection
Enforcement and Removal Operations
ERO Detroit Field Office
Butler County Jail
Hamilton, Ohio

April 28–30, 2015

COMPLIANCE INSPECTION
for the
BUTLER COUNTY JAIL
HAMILTON, OHIO
TABLE OF CONTENTS
EXECUTIVE SUMMARY
Overall Findings...................................................................................................................2
Findings by National Detention Standard (NDS) 2000 Major Categories ..........................3
INSPECTION PROCESS .............................................................................................................4
DETAINEE RELATIONS ............................................................................................................5
INSPECTION FINDINGS
DETAINEE SERVICES
Access to Legal Materials ....................................................................................................7
Detainee Classification System............................................................................................7
Detainee Grievance Procedure .............................................................................................7
Detainee Handbook ..............................................................................................................8
Food Service ........................................................................................................................8
Staff-Detainee Communication ...........................................................................................8
Telephone Access ................................................................................................................9
SECURITY AND CONTROL
Disciplinary Policy...............................................................................................................9
Environmental Health and Safety ......................................................................................10
Special Management Unit (Disciplinary) ..........................................................................11
Use of Force .......................................................................................................................12
HEALTH SERVICES
Medical Care ......................................................................................................................12
*

*

*

*

*

INSPECTION TEAM MEMBERS
Lead Section Chief
Inspections and Compliance Specialist
Inspections and Compliance Specialist
Inspections and Compliance Specialist
Contractor
(b)(6), (b)(7)c
Contractor
Contractor
Contractor
Contractor
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ODO
ODO
ODO
ODO
Creative Corrections
Creative Corrections
Creative Corrections
Creative Corrections
Creative Corrections
Butler County Jail
ERO Detroit

EXECUTIVE SUMMARY
The Office of Detention Oversight (ODO) conducted a compliance inspection of the Butler
County Jail (BCJ) in Hamilton, Ohio, from April 28 to 30, 2015.1 BCJ opened in 2002 and is
owned by Butler County and operated by the Butler County Sheriff’s Office. Enforcement and
Removal Operations (ERO) began housing detainees at BCJ in 2003, pursuant to an
Intergovernmental Services Agreement (IGSA), under the oversight of ERO’s Field Office
Director (FOD) in Detroit, Michigan.
ERO employees are assigned to the
facility.
A Detention Services Capacity and Population Statistics
Manager is not assigned to the Total Bed Capacity
facility. A BCJ Corrections Captain ICE Detainee Bed Capacity
is responsible for oversight of daily
Average Daily Population
facility operations and is supported
by (b)(7)e personnel.
Aramark Average ICE Detainee Population
Corporation provides food services Average Length of Stay (Days)
and a combination of Butler County Male Detainee Population (as of 04/28/2015)
government employees and county Female Detainee Population (as of 04/28/2015)
contract health care professionals
provide medical services. The facility holds no accreditations.

OVERALL FINDINGS
In July 2011, ODO conducted an
inspection of BCJ under the
National Detention Standards (NDS)
2000, reviewing the facility’s
compliance with 25 standards and
finding the facility compliant with
12 standards. There were a total of
35 deficiencies in the remaining 13
standards.

Quantity
848
75
816
80
60
51
2

Inspection Results
Compared

FY 2013
(NDS 2000)

FY2015
(NDS 2000)

Standards Reviewed

25

17

Deficient Standards

13

12

Overall Number of
Deficiencies

35

38

Deficient Priority
Components

N/A

N/A

Corrective Action

0

4

In FY2015, ODO conducted an inspection of BCJ under the NDS 2000 (16 standards), in
addition to the Performance-Based National Detention Standards 2011, Sexual Abuse and
Assault Prevention and Intervention (SAAPI) standard, reviewing the facility’s compliance with
17 standards and finding the facility compliant with five standards.2 ODO found 38 deficiencies,
six of which were repeat deficiencies, under the remaining 12 standards.3 ODO identified four
opportunities where the facility initiated corrective action during the course of the inspection.4

1

Male and female detainees with low, medium and high security classification levels are detained at the facility for
longer than 72 hours.
2
The BCJ is contractually required to comply with the PBNDS 2011 SAAPI, as of December 4, 2012.
3
The facility has repeat deficiencies in the following standards: Disciplinary Policy (1), Environmental Health and
Safety (1), Medical Care (1), Telephone Access (1), and Use of Force (2).
4
Corrective actions, where immediately implemented, best practices and ODO recommendations, as applicable, are
identified in the Inspection Findings section and annotated with a “C”, “BP” or “R”, respectively.

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Butler County Jail
ERO Detroit

FINDINGS BY NDS 2000 MAJOR CATEGORIES
NDS 2000 STANDARDS INSPECTED5

DEFICIENCIES

Part 1 – Detainee Services
Access to Legal Material
Admission and Release
Detainee Classification System
Detainee Grievance Procedures
Detainee Handbook
Food Service
Funds and Personal Property
Staff-Detainee Communication
Telephone Access
Sub-Total

2
0
1
3
1
2
0
3
6
18

Part 2 – Security and Control
Disciplinary Policy
Environmental Health and Safety
Special Management Unit (Administrative)
Special Management Unit (Disciplinary)
Use of Force
Sub-Total

4
6
0
5
4
19

Part 3 – Health Services
Medical Care
Suicide Prevention and Intervention
Sub-Total
PBNDS 2011 STANDARDS INSPECTED
Sexual Abuse and Assault Prevention Intervention
Sub-Total
Total Deficiencies

5

1
0
1
DEFICIENCIES
0
0
38

For greater detail on ODO’s findings, see the Inspection Findings section of this report.

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Butler County Jail
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INSPECTION PROCESS
Every fiscal year, the Office of Detention Oversight (ODO), a unit within U.S. Immigration and
Customs Enforcement’s (ICE) Office of Professional Responsibility (OPR), conducts
compliance inspections at detention facilities in which detainees are accommodated for periods
in excess of 72 hours and with an average daily population greater than ten to determine
compliance with the applicable ICE National Detention Standards (NDS) 2000, the PerformanceBased National Detention Standards (PBNDS) 2008 or 2011.
During the compliance inspection, ODO reviews each facility’s compliance with those detention
standards that directly affect detainee health, safety, and/or well-being.6 Any violation of written
policy specifically linked to ICE detention standards, other policies, or operational procedures
that ODO identifies is noted as a deficiency. ODO will highlight any deficiencies found
involving those standards that ICE has designated with either the PBNDS 2008 or 2011 to be
“priority components.” 7 ICE considers those components to be of critical importance, given
their impact on facility security and/or the health and safety, legal rights, and quality of life of
detainees in ICE custody.
Immediately following an inspection, ODO hosts a closeout briefing in person with both facility
and ERO field office management to discuss their preliminary findings, which are summarized
and provided to ERO in a preliminary findings report. Thereafter, ODO provides ERO with a
final compliance inspection report to: (i) assist ERO in working with the facility to develop a
corrective action plan to resolve identified deficiencies; and (ii) provide senior ICE and ERO
leadership with an independent assessment of the overall state of ICE detention facilities. The
reports enable senior agency leadership to make decisions on the most appropriate actions for
individual detention facilities nationwide.

6
7

ODO reviews the facility’s compliance with selected standards in their entirety.
Priority components have not been identified for the NDS 2000.

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Butler County Jail
ERO Detroit

DETAINEE RELATIONS
ODO interviewed 23 detainees, who volunteered to participate. None of the detainees made
allegations of mistreatment, abuse, or discrimination. The majority of detainees reported being
satisfied with facility services, with the exception of the complaints below:


Access to Legal Material: Two male detainees alleged the computers used for the law
library were not working properly. Two female detainees alleged they did not have
access to the law library.
o



Food Service: Six male detainees alleged the food served at the facility was either “bad”
or food portions were too small or the facility did not rotate meals resulting in constantly
eating the same meals selections. One detainee alleged he was not receiving a religious
diet.
o



Action Taken: ODO inspected the mobile law library carts and found that the
LexisNexis software, for both mobile carts, had not been installed correctly. BCJ
took corrective action prior to the end of the inspection by re-installing the
LexisNexis software and insuring the software is operating correctly. Facility
staff provided information to the female detainees on how they could request
access to the law library mobile carts. The facility staff rolled one of the law
library carts over to the female housing unit for their use during the inspection.

Action Taken: ODO reviewed the food service standard and observed a lunch
meal. ODO found the food to be in appropriate portions and served at the
required temperature in accordance with the standard. ODO confirmed the
facility’s 28-day general cycle menu was certified by a dietician. The detainee
alleging he was not receiving a religious meal was instructed by facility staff on
the procedures to receive such a meal. The detainee submitted a request and
started receiving the common fare option prior to the end of the inspection.

Funds and Personal Property: Three detainees alleged they either had not received
money sent by their family or had not had money transferred with them when they moved
from incarceration to ICE detention.
o

Action Taken: ODO reviewed the detainee’s detention files and determined the
detainees had either received money from their family members and it had been
credited to their account or money had transferred with them from incarceration to
ICE detention. The Immigration Enforcement Agent reviewed the issues with the
detainees.

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

Grievance Procedures: A detainee alleged he submitted several grievances regarding the
quality of the food and never received a response.
o



Hunger Strike: A male detainee alleged he was on hunger strike, and had not eaten in the
past six days, and would continue to refuse meals until he was allowed to leave the
country.
o



Action Taken: ODO reviewed the ERO general logs and found a grievance
recorded regarding food. The ERO log did not show a reply to the detainee’s
grievance from the facility. ODO discussed the grievance with facility staff and
the detainee received a response during the inspection.

Action Taken: ODO notified the facility staff of the detainee’s allegation. ODO
reviewed facility documentation with the facility staff and determined the
detainee had only been at the facility for two days and the detainee had not
refused any meals.

Medical Care: Three detainees alleged they were not receiving adequate medical care.
One detainee alleged he has cataracts and was seen off-site by an Optometrist while
incarcerated at BCJ. The detainee alleged the time between eye appointments was too
long. One detainee alleged he had issues with his eyes and medical was not addressing
the matter. One detainee alleged he received medication while in jail. When transferred
to BCJ the detainee alleged the facility took his medication and would not provide
replacement medication for his issue.
o

Action Taken: Medical staff notified ODO the detainee alleging the time between
eye appointments was too long, was scheduled for an off-site eye appointment for
May.
Medical staff notified ODO the detainee alleging he had an issue with his eyes,
had a previously scheduled off-site medical appointment for June.
Medical staff notified ODO the detainee alleging his medication was taken, had
been prescribed medication, but the detainee refused to take the medication.



Staff-Detainee Communication: A male detainee alleged the ERO staff was sometimes
abrupt with the detainees or used obscenities. The detainee did not wish to file a
complaint and said it was only one time.
o

Action Taken: ODO notified the Assistant Field Office Director of the allegation
made by the detainee.

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Butler County Jail
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INSPECTION FINDINGS
DETAINEE SERVICES
ACCESS TO LEGAL MATERIAL (ALM)
ODO tested the desktop computers and identified the LexisNexis software application installed
was not operational (Deficiency ALM-18).
Corrective Action:
Prior to the completion of the inspection ERO reinstalled the
LexisNexis software on the two desktop computers and ensured the software worked
properly (C-1).
The facility has not posted the procedures for notifying facility staff if any of the law library
material is missing or damaged (Deficiency ALM-29).
DETAINEE CLASSIFICATION SYSTEM (DCS)
ODO reviewed detainee classification folders and interviewed facility staff and determined the
only information provided by ERO to support the classification process is ICE Form I-203,
“Order to Detain or Release” (Deficiency DCS-110).
DETAINEE GRIEVANCE PROCEDURES (DGP)
When asked for a grievance log to examine, BCJ staff indicated that they had not had any
grievances submitted by detainees in the past twelve months. The ERO grievance log book
showed one grievance from October 2014 (approximately 6 months ago); the facility stated that
their copy of that grievance was in the county archives. As such, ODO was unable to verify that
BCJ kept a grievance log (Deficiency DGP-111).
The detention file for the detainee who submitted the October 2014 grievance was also at the
county archives. As such, ODO was unable to verify that a copy of a submitted grievance
remains in the detainee’s detention file for at least three years (Deficiency DGP-212).
A review of the facility handbook revealed the grievance section does not provide the necessary
elements outlined in the standard (Deficiency DGP-313).
8

“Field Office Directors shall verify that the detention facilities in their Areas of Responsibility (AQR) that intend
to replace hard-copy material with the Lexis Nexis CD-ROM have operating computers that are capable of printing,
with a photocopier and all necessary supplies.” See Change Notice – Access to Legal Reference Materials and
LexisNexis CD-ROMs, dated June 14, 2007.
9
“These policies and procedures shall also be posted in the law library along with a list of the law library's
holdings.” See ICE NDS 2000, Standard, Access to Legal Material, Section, (III)(Q).
10
“All detainees are classified upon arrival, before being admitted into the general population. INS will provide
CDFs and IGSA facilities with the data they need from each detainee's file to complete the classification process.”
See ICE NDS 2000, Standard, Detainee Classification System, Section, (III)(A)(1).
11
“Each facility will devise a method for documenting detainee grievances. At a minimum, the facility will maintain
a Detainee Grievance Log.” See ICE NDS 2000, Standard, Detainee Grievance Procedures, Section, (III)(E).
12
“A copy of the grievance will remain in the detainee’s detention file for at least three years.” See ICE NDS 2000,
Standard, Detainee Grievance Procedures, Section, (III)(E).

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Butler County Jail
ERO Detroit

DETAINEE HANDBOOK (DH)
After interviewing (b)(7)e lieutenants, ODO determined when revisions are made to the facility
handbook; copies of the changes are not posted on bulletin boards in housing units and other
prominent area advising the detainees of the changes (Deficiency DH-114).
FOOD SERVICE (FS)
Documentation of medical clearance was available for all inmate workers; however, the Aramark
staff did not have pre-employment medical examinations clearing them to work in a food service
operation (Deficiency FS-115).
No inventory was maintained for the chemicals used for food service sanitation (Deficiency FS216).
STAFF-DETAINEE COMMUNICATION (SDC)
ODO reviewed detainee request logs and detainee files and determined the logs do not contain
all the detainee requests submitted by the detainees (Deficiency SDC-117).
ODO reviewed the facility handbook which revealed the handbook is missing the DHS Office of
the Inspector General hotline information (Deficiency SDC-218).
A review of the housing units revealed the housing unit with male ICE detainees did not have the
required OIG contact information posters (Deficiency SDC-319)

13

“The grievance section of the detainee handbook will provide notice of the following: The opportunity to file a
grievance, both informal and formal. The procedures for filing a grievance and appeal, including the availability of
assistance in preparing a grievance. The procedures for resolving a grievance or appeal, including the right to have
the grievance referred to higher levels if the detainee is not satisfied that the grievance has been adequately resolved.
The level above the CDF-OIC is the INS-OIC. The procedures for contacting INS to appeal the decision of the OIC
of a CDF or an IGSA facility. The policy prohibiting staff from harassing, disciplining, punishing or otherwise
retaliating against any detainee for filing a grievance. 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” See ICE NDS 2000, Standard, Detainee Grievance Procedures, (III)(G)(3),
(4), (5), (6), (7) and (8).
14
“The OIC will instead establish procedures for immediately communicating such revisions to staff and detainees:
posting copies of the changes on bulletin boards in housing units and other prominent areas; informing new arrivals
during orientation process; distributing a memorandum to staff, and so forth.” See ICE NDS 2000, Standard,
Detainee Handbook, (III)(H).
15
“All food service personnel (both staff and detainee) shall receive a pre-employment medical examination.” See
ICE NDS 2000, Standard, Food Service, (III)(H)(3)(a).
16
“All staff members shall know where and how much toxic, flammable, or caustic material is on hand, aware that
their use must be controlled and accounted-for daily.” See ICE NDS 2000, Standard, Food Service, (III)(H)(11)(b).
17
“All requests shall be recorded in a logbook specifically designed for that purpose.” See ICE NDS 2000,
Standard, Staff-Detainee Communication, (III)(B)(2).
18
“The OIG Hotline information is to be included in the detainee handbooks in each of the aforementioned
locations.” See Change Notice, National Detention Standards, Staff-Detainee Communication Standard, dated June
15, 2007.
19
“Each Field Office Director shall ensure that the attached document regarding the OIG Hotline is conspicuously
posted in all units housing ICE detainees.” See Change Notice, National Detention Standards, Staff-Detainee
Communication Standard, dated June 15, 2007

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Butler County Jail
ERO Detroit

Corrective Action:
The facility initiated corrective action by posting the OIG contact
information in the male housing unit prior to the completion of the inspection (C-2).
TELEPHONE ACCESS (TA)
A review of the facility handbook and an interview with staff revealed, if time limits are
necessary for the telephones, time limits of 15 minutes are imposed (Deficiency TA-120).
An interview with staff revealed the phone system is setup to electronically monitor all detainee
telephone calls to include legal telephone calls (Deficiency TA-221).
An interview with staff revealed, detainee calls to a court, a legal representative, or for the
purposes of obtaining legal representation are monitored by the facility (Deficiency TA-322).
An interview with staff revealed, the facility does not have a written policy on the monitoring of
detainee telephone calls (Deficiency TA-423).
Notification that calls are subject to monitoring are not posted on or near the telephones, nor is it
included in the facility handbook (Deficiency TA-524).
The procedure for obtaining an unmonitored call is not posted at each monitored telephone or
included in the facility handbook (Deficiency TA-625).

SECURITY AND CONTROL
DISCIPLINARY POLICY (DP)
The facility's disciplinary hearing officer notified ODO, during interview, that a sergeant
assigned to investigate an incident has up to 72 hours to complete the investigation. The 17
incident reports reviewed by ODO did not receive an investigation (Deficiency DP-126).
ODO reviewed facility policy and an interview with facility staff revealed, BCJ does not have a
Unit Disciplinary Committee to adjudicate low and moderate level violations (Deficiency DP227).
20

“If time limits are necessary for such calls, they shall be no shorter than 20 minutes, and the detainee shall be
allowed to continue the call if desired, at the first available opportunity.” See ICE NDS 2000, Standard, Telephone
Access, (III)(F).
21
“Facility staff shall not electronically monitor detainee telephone calls on their legal matters, absent a court
order.” See ICE NDS 2000, Standard, Telephone Access, (III)(J)
22
“A detainee’s call to a court, a legal representative, or for the purposes of obtaining legal representation will not
be aurally monitored absent a court order.” See ICE NDS 2000, Standard, Telephone Access, (III)(K).
23
“The facility shall have a written policy on the monitoring of detainee telephone calls.” See ICE NDS 2000,
Standard, Telephone Access, (III)(K). This is a repeat deficiency.
24
“If telephone calls are monitored, the facility shall notify detainees in the detainee handbook or equivalent
provided upon admission.” See ICE NDS 2000, Standard, Telephone Access, (III)(K).
25
“It shall also place a 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.” See ICE NDS 2000, Standard,
Telephone Access, (III)(K)(2).
26
IGSAs shall have procedures in place to ensure that all incident reports are investigated within 24 hours of the
incident.” See ICE NDS 2000, Standard, Disciplinary Policy, (III)(C). This is a repeat deficiency.

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Butler County Jail
ERO Detroit

A review of disciplinary records revealed detainees did not sign the rights acknowledgment or
select an option concerning having a hearing, and no staff member documented the detainee’s
refusal to sign or declined a hearing. The disciplinary records reviewed revealed, five detainees
were placed in disciplinary segregation by the disciplinary hearing officer without a hearing
(Deficiency DP-328).
Because there were no hearings, there was no documentation recording the detainee’s comments,
the reason for the decision, and the reason for the sanction imposed (Deficiency DP-429).
ENVIRONMENTAL HEALTH AND SAFETY (EH&S)
The facility post orders outline procedures for the inventory and storage of hazardous substances;
however, running inventories of hazardous substances were found only in the maintenance area
(Deficiency EH&S-130).
The Material Safety Data Sheets (MSDS) in Medical, G Pod, and the laundry were out of date
(Deficiency EH&S-231).
A review of the master index of chemicals used in the facility revealed five new products used in
the food service area were not listed (Deficiency EH&S-332).
During the inspection of G Pod, ODO observed a spray bottle of a blue liquid was not labeled
(Deficiency EH&S-433).
Corrective Action:
The facility initiated corrective action by removing the unlabeled
bottle from the cart (C-3).
Documentation reflects monthly fire drills were conducted in all areas, but emergency keys were
not drawn during every drill (Deficiency EH&S-534).
27

“All facilities shall establish an intermediate level of investigation/adjudication is present to adjudicate low or
moderate infractions.” See ICE NDS 2000, Standard, Disciplinary Policy, (III)(C).
28
“All facilities that house INS detainees shall have a disciplinary panel to adjudicate detainee incident reports.
Only the disciplinary panel can place a detainee in disciplinary segregation.” See ICE NDS 2000, Standard,
Disciplinary Policy, (III)(F).
29
“All documents relevant to the incident, subsequent investigation, hearing(s), etc., will be completed and
distributed in accordance with facility procedures.” See ICE NDS 2000, Standard, Disciplinary Policy, (III)(J).
30
“Every area will maintain a running inventory of the hazardous (flammable, toxic, or caustic) substances used and
stored in that area.” See ICE NDS 2000, Standard, Environmental Health and Safety, (III)(A).
31
“Because changes in MSDSs occur often and without broad notice, staff must review the latest issuance from the
manufacturers of the relevant substances, updating the MSDS files as necessary.” See ICE NDS 2000, Standard,
Environmental Health and Safety, (III)(B).
32
“The Maintenance Supervisor or designate will compile a master index of all hazardous substances in the facility,
including locations, along with a master file of MSDSs.” See ICE NDS 2000, Environmental Health and Safety,
(III)(C).
33
“The OIC will individually assign the following responsibilities associated with the labeling procedure: Requiring
use of properly labeled containers for hazardous materials, including any and all miscellaneous containers into
which employees might transfer the material;” See ICE NDS 2000, Standard, Environmental Health and Safety,
(III)(J)(2).
34
“Emergency keys will be drawn and used by the appropriate staff to unlock one set of emergency exit doors not in
daily use.” See ICE NDS 2000, Standard, Environmental Health and Safety, (III)(L)(4)(c). This is a repeat
deficiency.

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Butler County Jail
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ODO inspected the inventories of medical sharps and found shortages in the number of insulin,
18 gauge and 27 gauge needles, and 16 gauge angiocatheters (Deficiency EH&S-635).
Corrective Action:
The facility initiated corrective action by correcting the inventories
prior to the end of the inspection (C-4).
SPECIAL MANAGEMENT UNIT – DISCIPLINARY SEGREGATION (SMU-DS)
A review of the disciplinary records for the current and four previous disciplinary segregation
cases reflected all were sanctioned by the disciplinary hearing officer without a hearing
(Deficiency SMU-136).
A review of the disciplinary records for the current and four previous disciplinary segregation
cases reflected none of the records documented completion of required status reviews
(Deficiency SMU-237).
A review of the disciplinary records for the current and four previous disciplinary segregation
cases reflected the detainees lost personal visitation privileges, although none committed a rule
violation relating to visitation (Deficiency SMU-338).
BCJ uses a form entitled, “Detainee Disciplinary Segregation Weekly Checklist” as its
permanent log for documenting services, privileges, and activities for segregated detainees.
Checklists were not available for two of the detainees previously on segregation (Deficiency
SMU-439)
ODO reviewed the available Detainee Disciplinary Segregation Weekly Checklists and they
were incomplete. Medical staff and shift supervisors failed to document their visits with
segregated detainees (Deficiency SMU-540).

35

“An inventory will be kept of those items that pose a security risk, such as sharp instruments, syringes, needles,
and scissors.” See ICE NDS 2000, Standard, Environmental Health and Safety, (III)(Q)(1).
36
“A detainee may be placed in disciplinary segregation only by order of the Institutional Disciplinary Committee,
after a hearing in which the detainee has been found to have committed a prohibited act.” See ICE NDS 2000,
Standard, Special Management Unit – Disciplinary Segregation, (III)(A).
37
“All facilities shall implement written procedures for the regular review of all disciplinary-segregation cases,
consistent with the procedures specified below.” See ICE NDS 2000, Standard, Special Management Unit –
Disciplinary Segregation, (III)(C).
38
“As a rule, a detainee retains visiting privileges while in disciplinary segregation. The determining factor is the
reason for which the detainee is being disciplined.” See ICE NDS 2000, Standard, Special Management Unit –
Disciplinary Segregation, (III)(D)(17).
39
“A permanent log will be maintained in the SMU. The log will not all activities concerning the SMU detainees,
e.g., meals served, recreation, visitors, etc.” See ICE NDS 2000, Standard, Special Management Unit – Disciplinary
Segregation, (III)(E)(1).
40
“A medical professional shall visit every detainee in administrative segregation at least three times a week. In
addition to the direct supervision afforded by the unit officer, the shift supervisor shall see each segregated detainee
daily, including weekends and holidays.” See ICE NDS 2000, Standard, Special Management Unit – Disciplinary
Segregation, (III)(D)(16).

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USE OF FORCE (UOF)
An interview with staff revealed, the facility has one video camera to document use-of-force
incidents; however, responsibility for testing the camera’s operability has not been designated in
a post order or by other means, and there is no documentation testing is being conducted
(Deficiency UOF-141).
During review of the training program, ODO confirmed most NDS-mandated topics are covered;
however, training in confrontation avoidance and dealing with the mentally ill is not provided
(Deficiency UOF-242).
A review of files for the three incidents found two did not document forwarding of the use-offorce reports to ICE (Deficiency UOF-343).
BCJ does not have written procedures governing the conduct of after-action reviews (Deficiency
UOF-444).

HEALTH SERVICES
MEDICAL CARE (MC)
A review of 25 health appraisals revealed eight appraisals were not completed within 14 days of
the detainee’s arrival (Deficiency MC-145).

41

“The OIC shall designate responsibility for maintaining the video camera(s) and other video equipment. This shall
include regularly scheduled testing to ensure all parts, including batteries, are in working order; and keeping back-up
supplies on hand (batteries, tapes, lens-cleaners, etc.). This responsibility shall be incorporated into one or more post
orders.” See ICE NDS 2000, Standard, Use of Force, (III)(A)(4)(l). This is a repeat deficiency.
42
“Among other things, training shall include: Dealing with the mentally ill; Confrontation-avoidance procedures;”
See ICE NDS 2000, Standard, Use of Force, (III)(O)(3)and (4).
43
“INS requires that all incidents of use of force be documented and forwarded to INS for review.” See ICE NDS
2000, Standard, Use of Force, (III)(A)(2)(b).
44
“Written procedures shall govern the use-of-force incident review, whether calculated or immediate, and the
application of restraints.” See ICE NDS 2000, Standard, Use of Force, (III)(K). This is a repeat deficiency.
45
“The health care provider of each facility will conduct a health appraisal and physical examination on each
detainee within 14 days of arrival at the facility.” See ICE NDS 2000, Standard, Medical Care, (III)(D). This is a
repeat deficiency.

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Butler County Jail
ERO Detroit