ICE Detention Standards Compliance Audit - Carver County Jail, Chaska, MN, ICE, 2009
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Department of Homeland Security Immigration and Customs Enforcement Office of Detention and Removal • Condition of Confinement Review Worksheet (This document must be attached to each G-324A Inspection Form) This Form to be used for Inspections of all Facilities Used Over 72 Hours ICE Detention Standards Review Worksheet Local Jail- IGSA State Facility - IGSA ICE Contract Detention Facility Name Carver County Jail Address (Street and Name) 606 East 4th Street City, State and Zip Code Chaska, MN 55318 County Carver Name and Title of Chief Executive Officer (Warden/OIC/Superintendent) b6, b7c , Commander Name and Title of Reviewer-In-Charge b6, b7c Date[s] of Review November 17-19, 2009 Type of Review ~ Headquarters D Operational • DSpecial Assessment DOther FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07 TABLE OF CONTENTS • n.......................................................................... DETAINEE SERVICES STANDARDS (SECTION 3 ACCESS TO LEGAL MATERIALS .......................................................................................................... . ADMISSION AND RELEASE ................................................................................................................ .. CLASSIFICATION SYSTEM .................................................................................................................. . CORRESPONDENCE AND OTHER MAIL ............................................................................................... .. DETAINEE HANDBOOK ....................................................................................................................... . FOOD SERVICE ................................................................................................................................... . FUNDS AND PERSONAL PROPERTy ..................................................................................................... . DETAINEE GRIEVANCE PROCEDURES ................................................................................................. . GROUP PRESENTATIONS ON LEGAL RIGHTS ....................................................................................... . ISSUANCE AND EXCHANGE OF CLOTHING, BEDDING, AND TOWELS .................................................... . MARRIAGE REQUESTS ....................................................................................................................... . NON-MEDICAL ESCORTED TRIPS ...................................................................................................... .. RECREATION ..................................................................................................................................... . RELIGIOUS PRACTICES ....................................................................................................................... . VISITATION ........................................................................................................................................ . VOLUNTARY WORK PROGRAM ......................................................................................................... .. HEALTH SERVICES STANDARDS (SECTION II) ......................................................................... 28 HUNGER STRIKES .............................................................................................................................. . ACCESS To MEDICAL CARE .............................................................................................................. .. SUICIDE PREVENTION AND INTERVENTION ......................................................................................... . TERMINAL ILLNESS, ADVANCED DIRECTNES AND DEATH ............................................................... .. • SECURITY AND CONTROL STANDARDS (SECTION ITI) ............................................................. 38 CONTRABAND ........................................ , ........................................................................................... . DETENTION FILES .............................................................................................................................. . DISCIPLINARY POLICy ....................................................................................................................... . EMERGENCY PLANS .......................................................................................................................... .. ENVIRONMENTAL HEALTH AND SAFETY ............................................................................................ . HOLD ROOMS IN DETENTION FACILITIES .......................................................................................... .. KEY AND LOCK CONTROL .................................................................................................................. . POPULATION COUNTS ........................................................................................................................ . POST ORDERS .................................................................................................................................... . SECURITY INSPECTIONS ..................................................................................................................... . SPECIAL MANAGEMENT UNIT (ADMINISTRATIVE SEGREGATION) ...................................................... . SPECIAL MANAGEMENT UNIT (DISCIPLINARY SEGREGATION) .......................................................... .. TOOL CONTROL ................................................................................................................................. . TRANSPORTATION (LAND) ................................................................................................................ . USE OF FORCE ................................................................................................................................... . STAFF/DETAINEE COMMUNICATIONS ................................................................................................. . DETAINEE TRANSFER STANDARD ...................................................................................................... . NOTE: FOR EACH STANDARD RATED BELOW ACCEPTABLE, FACILITIES MUST ATTACH A PLAN OF ACTION FOR BRINGING OPERATIONS INTO COMPLIANCE. EACH FACILITY SHOULD EXAMINE THE ENTIRE WORKSHEET TO IDENTIFY AREAS OF IMPROVEMENT, INCLUDING THOSE STANDARDS WHERE AN OVERALL FINDING OF ACCEPTABLE WAS ACHIEVED. • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 2 of69 • SECTION I DETAINEE SERVICES STANDARDS • • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 3 of69 ACCESS TO LEGAL MATERIALS I POLICY: FACILITIES HOLDING ICE DETAINEES SHALL PERMIT DETAINEES ACCESS TO A LAW LIBRARY, AND PROVIDE LEGAL MATERIALS, FACILITIES, EQUIPMENT, DOCUMENT COPYING PRIVILEGES, AND THE OPPORTUNITY TO PREPARE LEGAL DOCUMENTS. C'4 REM ARK" ITIS YES No NA facility provides a desiQl1ated law library for c1etainee use. ~ lJ lJ law library contains all materials listed in the "Access to Legal These materials are available on Materials" Standard, Attachment A. The listing of materials is posted 0 0 ~ Lexis Nexis. in the law library. The library contains a sufficient number of chairs, is well lit, and is ~ 0 0 reasonahlv isolated from noisy areas. The law library is adequately Cy'UlPPCU with typewriters and/or 0 ~ 0 L~, and has sufficient supplies for daily use by the detainees. In addition to the physical law library, detainees have access to the 0 ~ 0 Lexus Nexus electronic law library. Where provided, the Lexus Nexus library is updated and is current. The system was updated on 0 ~ 0 Octoher 22,2009. Outside persons and organizations are permitted to submit published No legal material submissions legal material for inclusion in the legal library. Outside published or requests for submissions have 0 0 ~ ..1 +11" .1m>ltp..;,,1 ;'" f'".."", ..,.1",,.1 " ... ,.1 ..",,,;,,,,,,,,,,.1 1-." T{,J: "',.;".. t" ; ... "1"",;,,... There is a designated ICE or facility employee who inspects, updates, and maintains/replaces legal materials and equipment on a routine 0 0 ~ basis. Detainees are offered a minimum 5 hours per week in the law library. Detainees are not reguired to forego recreation time in lieu of library 0 ~ 0 usage. Detainees facing a court deadline are given priority use of the law library. Detainees may request materials not currently in the law library. Each request is reviewed and, where appropriate, an acquisition request is This is done through ICE. ~ 0 0 timely initiated. Requests for copies of court decisions are lccommoc1Mpc1 within 3 5 business days. are permitted to assist other detainees, voluntarily and free charge, in researching and preparing legal documents, consistent 0 0 ~ with secunty. Illiterate or non-English-speaking detainees without legal This would be accomplished by representation receive access to more than just English-language law 0 ~ 0 request to ICE. books after II! their need for ~Q. Detainees may retain a reasonable amount of personal legal material in the general population and in the special management unit. Stored ~ 0 0 legal materials are accessible within 24 hours of a written request. Detainees housed in Administrative Detention and Disciplinary Segregation units have the same law library access as the general population, barring security concerns. Detainees denied access to ~ 0 0 legal materials are documented and reviewed routinely for lifting of sanctions. All denials of access to the law library fully documented Law library access is not denied. U U ~ Facility staff informs ICE Management when a detainee or group of This has not occurred in the past 0 0 ~ detainees is denied access to the law library or law materials. 12 months. Detainees who seek judicial relief on any matter are not subjected to ~ 0 0 reprisa~ retaliation or npn>l hip" ~. ~ ACCEPTABLE o DEFICIENT OAT-RISK o REPEAT FINDING b6,b7c 111-18-09 mlluK'8 SIGNATURE/DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 4 of 69 .~ ADMISSION AND RELEASE POLICY: ALL DEI AINEES WILL BE ADMIITED AND RELEASED IN A MANNER THAT ENSURES THEIR HEALTH, SAFETY, AND WELFARE. THE ADMISSIONS PROCEDURE WILL, AMONG OTHER THINGS INCLUDE: MEDICAL SCREENING; A FILE-BASED ASSESSMENT AND CLASSIFICATION PROCESS; A BODY SEARCH; AND A SEARCH OF PERSONAL BELONGINGS, WHICH WILL BE INVENTORIED, DOCUMENTED, AND \FFCHJAROFO AS NECESSARY. R"'MADK~ YES COMPVl"'lr,l"'l HI NQ NA In-processing includes an orientation of the facility. The orientation includes: Unacceptable activities and behavior, and corresponding Orientation is accomplished by video sanctions; How to contact ICE; The availability of pro bono legal services, and how to pursue such services; schedule of programs, and the issuance of the Inmate Rules ~ 0 0 Handbook which is in Spanish and services, daily activities, including visitation, telephone usage, mail English. service, religious programs, count procedures, access to and use of the law library and the general library; sick-call procedures, and the detainee handbook. Medical screenings are performed by medical staff or persons who have received specialized training for the purpose of conducting an 0 0 ~ initial health screening. Each new arrival dassifieci according to criminal history and threat levels. Criminal history is pI v "dt:d for each detainee by the ICE 0 0 ~ field office. All new arrivals are searched in accordance with the "Detainee Search" standard. An officer of the same sex as the detainee 0 ~ 0 conducts the search and the search is conducted in an area that affords as much priva~as nossihle. Detainees are stripped searched only when cause has been established and not as routine policy. Non-criminal detainees are not ~ 0 0 strip-searched but are patted down, unless reasonable suspicion is established. The "Contraband" standard governs all personal property searches. IGSAs/CDFs use or have a similar contraband standard. Staff 0 ~ 0 .~~:; a complete inventory of each detainee's possessions. The receives a col'YStaff completes Form 1-387 or similar form for CDFs and IGSAs for every lost or missing property claim. Facilities forward all 1-387 ~ 0 0 claims to ICE. Detainees are issued appropriate and sufficient clothing and bedding 0 ~ 0 for the climatic conditions. The facility provides and replenishes personal hygiene items as needed. Gender-specific items are available. ICE Detainees are not 0 ~ 0 charged for these items. ~11 re~ are )JIV)Jcrly WVIUll1dlCd with ICE using a Form 1-203. [ J [J IZI Staff pomnletes PdP"'1 wVl.Jfull11" for release as required. ~ l J LJ [J AT-RISK [J REPEATFIND~G IZI ACCEPT ABLE DEFll-!!,NT o b6,b7c - /11-17-09 AUDITOR'S SIGNATURE / DATE • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 5 of69 The facility has a system for classifying detainees. In CDFs and IGSAs, an Objective Classification System or similar is used. The facility classification system includes: • Classifying detainees upon arrival; • Separating from the general population those individuals who cannot be classified upon arrival; and or designated • The first-line reviewing every process includes At IGSA's, detainees may after arrival. Procedures exist for a detainee to appeal their classification assignment. Only a designated supervisor or classification specialist has the authority to reduce a classification-level on Classification appeals are resolved within five business days and detainees are notified of the outcome within 10 business U~ISSll1c;atlcm designations may be appealed to a higher such as the Warden or The Detainee Handbook or equivalent for IGSAs explains the classification levels, with the conditions and restrictions to each. ~SS(~SSlme:ntll~eC.Las:mlcatlon. ~ ACCEPTABLE D DEFICIENT 6 FO D D ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D D ~ D D A-Files criminal not located at the facility. ICE provides information. There is no explanation of classification levels in the Inmate Rules Handbook. AT-RISK D REPEAT FINDING REMARKS: There is no explanation of classification levels and restrictions in the Inmate Rules Handbook. b6,b7c :. ! (11-18-09 AUDITOR'S SIGNATURE / DATE • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 6 of69 CORRESPONDENCE AND OTHER MAIL POLICY: ALL FACILITIES WILL ENSURE THAT DETAINEES SEND AND RECEIVE CORRESPONDENCE IN A TIMELY MANNER, SUBJECT TO LIMITATIONS REQUIRED FOR THE SAFETY, SECURITY, AND ORDERLY OPERATION OF THE FACILITY. OrnER MAIL WILL BE PERMITTED, SUBJECT TO THE SAME LIMITATIONS. EACH FACILITY WILL WIDELY DISTRIBUTE ITS GUIDELINES CONCERNING CORRESPONDENCE AND MAIL. e. REMARKS IENT:S YES No NA The rules for correspondence and other mail are posted in This is covered in the Inmate Rules each housing or common area, or provided to each detainee ~ D D Handbook. via a detainee handbook. The facility provides key information in languages other than Information is provided in Spanish and English; In the language(s) spoken by significant numbers of D D English. ~ detainees. List any "A""ptions. Incoming mail is distributed to detainees within 24 hours or 1 ~ D D business day after it is received and im:npptpcl Outgoing mail is delivered to the postal service within one business day of its entering the internal mail system ~ D D (~xdllclimt weekends and holidays). Staff does not and inspect incommg general narJ.'HtP~ and Incoming general lence and other mail (il ,1· rI; is onened publications) without the detainee present unless documented D ~ D and inspected by Control Room Officers and authorized in writing by the Warden or equivalent for without the detainee being present. prevailing """.Hay reasons. Staff does not read incoming general correspondence without D D ~ the Warden's prior written approval. Staff does not inspect incoming special Correspondence for physical contraband or to verify the "special" status of ~ D D enclosures without the detainee present. Staff is pror niter from reading or copying incoming special ~ D D "va""j ldence. only authodzod to ""poet outgoing oOIT"'pondenoe 0' Facility policy 6300 states that all outgoing mail without the detainee present when there is reason to general correspondence is to be inspected by the item might present a threat to the facility's secure D ~ D the control room officers before being sealed or orderly operation, endanger the recipient or the public, or and mailed. might facilitate criminal activity. Facility policy specifies that mail to elected Correspondence to a politician or to the media is processed as officials or officers of the court is to be treated special correspondence and is not read or copied. D ~ D as special correspondence. Mail to the media is not 1" v."".,,\l. The official authorizing the rejection of incoming mail sends The detainee receives written notification, but D ~ D not the sender. written notice to the sender and the addressee. The official authorizing censorship rejection of outgoing D D ~ mailplU "d",:s the detainee with signed written notice. Staff maintains a written record of every item removed from D D ~ detainee mail. The Warden or equivalent monitors staff handling of discovered contraband and its disposition. Records are ~ D D accurate and up to date. The procedure for safeguarding cash removed from a detainee protects the detainee from loss of funds and theft. The amount of cash credited to detainee accounts is accurate. ~ D D Discrepancies are documented and investigated. Standard procedure includes issuing a receipt to the detainee. Original identity documents (e.g., passports, birth certificates) are immediately removed and forwarded to ICE staff for ~ D D nlin A-files. ~ provlOes the detainee a copy of hislher identity ~ D D LL{ s) upon request. lEv; FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 7 of69 Staff disposes of prohibited items found in detainee mail in accordance with the "Control and Disposition of Contraband" Standard or the similar prevailing policy in IGSAs. Every indigent detainee has the opportunity to mail, at government expense, reasonable correspondence about a legal matter, in three one ounce letters per week and packages deemed ICE. The facility has a system for detainees to purchase stamps and for mailing all special correspondence and a minimum of 5 week. The facility provides writing paper, envelopes, and at no cost to ICE detainees. ~ ACCEPTABLE o DEFICIENT ~ 0 0 ~ 0 0 ~ 0 0 o Cash is deposited into the detainee's account. "Soft" contraband (such as nude pictures) is placed in the inmate's property and given to himlher upon release. "Hard" contraband (such as drugs) would be turned over to law enforcement. o OAT-RISK o REPEAT FINDING REMARKS: - Both incoming and outgoing general correspondence is opened and inspected by control room officers without the detainee being present. Policy does not specify that correspondence to the media is to be treated as special correspondence. Only indigent detainees are provided writing paper, envelopes, and pencils at no cost after their initial booking issue. b6,b7c ~i 11-18-09 oAUDITOR'S SIGNATURE / DATE - FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 8 of 69 ! i I I : , , ! i DETAINEE HANDBOOK POLICY: EVERY OlC WILL DEVELOP A SITE-SPECIFIC DEfAINEE HANDBOOK TO SERVE AS AN OVERVIEW OF, AND GUIDE TO, THE DEfENTION POLICIES, RULES, AND PROCEDURES IN EFFECT AT THE FACILITY. THE HANDBOOK WILL ALSO DESCRIBE THE SERVICES, PROGRAMS, AND OPPORTUNITIES AVAILABLE THROUGH VARIOUS SOURCES, INCLUDING THE FACILITY, ICE, PRIVATE ORGANIZATIONS, EVERY DEfAINEE WILL RECEIVE A COPY OF THIS HANDBOOK UPON ADMISSION TO THE FACILITY. R.RM"'RK~ YES No NA COMPuI''Ir,l'Il'' The Carver County Jail "Inmate Rules The detainee handbook is written in English and translated into Handbook" is published in English and Spanish, or into the next most-prevalent Language(s). Spanish. Detainees are provided with the D D National Detainee Handbook by the ~ Bloomington Field Office and given a site ~necifichandbookbythefacility. ! , I i The handbook is supplemented by the facility orientation video, where one is provided. All staff members receive a handbook and training regarding the handbook contents. The handbook is revised as necessary and there are procedures in place for ;mmpil;"tplv communicatinl! any revisions to staff and ilpt";npp~ There an annual review of the handbook by a designated committee or staff member. The detainee handbook addresses the following issues: • Personal Items permitted to be retained by the detainee; and Initial issue of clothes, bedding and personal hygiene • items. The detainee handhook states in clear language the basic detainee.~~pv•• 3ibilities. ~ h""dbook d=ly oud;"e., lh' melhod., jill- d ..",ifi"tion of l;npp~ explains each level, and explains the classification IP" k process. The handbook states when a medical examination will be conducted. The handhook describes the facility, housing units, dayrooms, in-dorm activities, and special housing units. The handbook describes official count times and count procedures; meal times and feeding procedures; procedures for medical or religious diets; smoking policy; clothing exchange schedules; and, if authorized, clothes washing and drying procedures, and c)\.l-'cl;u;;d personal hygiene practices. The handbook describe times and procedures for obtaining disposable razors, and allows that detainees attending court will be afforded the opportunity to shave first. The handbook describes barber hours and hair cutting restrictions. The handbook describes the telephone policy; debit card procedures; direct and free calls; locations of telephones; policy when telephone demand is high; and policy and procedures for ' phone calls. em The hllnilhflflk addresses re);o;flm: 1'1' II!. The h"nclhook states times and procedures for commissary or vpnilino machine usage, where available. The h"nclhook describes the c1etllinee voluntary work pwe,wm. The handbook describes the library location and hours of and law library procedures and schedules. The facility orientation video is shown daily during the breakfast meal on all facility televisions in Fngli~h and c;lJUlUN ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D D ~ D The facility's handbook does not describe official count times and count procedures. D ~ D No information is included in the handbook on disposable razor procedures. ~ D D ~ D D ~ ~ D D LJ D D LJ D ~ D ~ The latest revision date is July 31 2009. Classification is covered in both the National Detainee Handbook and facility "Inmate Rules Handbook". The facility handbook does not describe the library location and hours. Library hours are posted in each housing area. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 9 of69 and The handbook describes the detainee disciplinary policy and procedures, including: • Prohibited acts and severity scale sanctions; • Time limits in the Disciplinary Process; and The grievance section of the handbook explains all steps in the grievance process - Including: • Informal (if used) and formal grievance procedures; • The appeals process; • In CDF facilities: procedures for filing an appeal of a grievance with ICE. • Staff/detainee availability to help during the grievance process. • Guarantee against staff retaliation for filing/pursuing a grievance. How to file a complaint about officer misconduct with the of Homeland the sick call The handbook describes the facility recreation policy including: • Outdoor recreation hours. • Indoor recreation hours. The handbook describes the detainee dress code for daily and responsibilities of all [gI ACCEPTABLE DDEFICIENT D D D D D D D D D D D D D D D AT-RISK D REPEAT FINDING REMARKS: The facility provides each detainee with an "Inmate Rules Handbook" in conjunction with the ICE handbook which is provided by the Bloomington, Minnesota Field Office. A facility orientation video is shown over the cable system daily at breakfast with an overview of the orientation manual. The facility handbook does not contain the official count times and count procedures or the process for zors. The disposable razor procedures is posted in the housing areas only. b6,b7c 1-19-09 AUDITOR'S IGNATURE / DATE • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 10 of69 FOOD SERVICE EVERY FACILITY WILL PROVIDE DETAINEES IN ITS CARE WITH NUfRITIOUS AND APPETIZING MEALS, PREPARED IN ACCORDANCE WITH THE HIGHEST SANITARY STANDARDS. ( RF.MARKS IT:S YES No NA is under the direct supervision of a tr~~~d and certified food serVIce facility food service administrator is administrator. Responsibilities of cooks and cook foremen rgJ D The D Serve Safe certified in the state of Minnesota. are in writing. The Food Service Administrator (FSA) determines the responsibilities of the Food Service Staff. POLICY: e~~n~lh The Cook Supervisor is on duty on days when the FSA is off duty and vice versa. The FSA provides food service employees with training that specifically addresses detainee-related issues. • ! I I I In ICE Facilities this includes a review of the ICE "Food Service" standard Knife cabinets close with an approved locking device, and the on-duty cook foreman maintains control of the key that locks the device. All knIves not m a secure cuttmg room are physicall: secured to the workstation and staff directly supervises detainees using knives at these workstations. Staff monitors the condition of knives and dining utensils. govern the handling of When necessary, special r food items that pose a st!curit~, threat. Operating procedures include daily searches (shakedowns) of detainee work areas. The FSA monitors staff implementation of the facility's population counts procedures. Staff is trained in count rgJ D D rgJ D D rgJ D D rgJ D D rgJ D D rgJ D D D D rgJ rgJ D D rgJ D D rgJ D D rgJ D D D D rgJ rgJ D D Security staff conducts all counts. pI . .; detainees assigned to the food service department look and clean. Their clothing and grooming comply with the "Food Service" standard. The FSA annually reviews detainee-volunteer job descriptions to ensure they are accurate and up-to-date. The Cook Foreman or equivalent instructs newly assigned detainee workers in the rules and procedures of the food service department. During orientation and training session(s), the CS explains and demonstrates: • Safe work practices and methods; • Safety features of individual products/pieces of equipment; and • Training covers the safe handling of hazardous material [s] the detainees are likely to encounter in their work. The Cook Supervisor documents all training in individual detainee detention files. Detainees at CDFs are paid in accordance with the "Voluntary Work Program" standard. Detainee workers at IGSAs are subject to local and state rules and regulations I!J detainee pay. Detainees are served at least two hot meals every day. No more than 14 hours elapse between the last meal served and the first meal of the following day. '~te:-toria ,tyIe opecation" a tran'p",ent """eoze gu",d" both the serving line and salad bar line. rgJ D D D D rgJ Detainees do not work in the kitchen areas. Three hot meals are prepared and served five days per week. On weekends, two hot meals are served. The facility does not serve meals cafeteria style. All meals are served in the housing units. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 11 of69 FOOD SERVICE POLICY: EVERY FACILITY WILL PROVIDE DETAINEES IN ITS CARE WITH NUfRITIOUS AND APPETIZING MEALS, PREPARED IN ACCORDANCE WITH THE HIGHEST SANITARY STANDARDS. 0 YES II" facility has a standard 35-day menu cycle. IGSAs use a 5 day or similar system for rotating meals. The FSA or facility considers the ethnic diversity of the facility's detainee population when developing menu cycles (PIuv~dt; examples). A registered dietitian conducts a complete nutritional analysis of every master-cycle menu planned. The FSA has established procedures to ensure that items on the master-cycle menu are prepared and presented according ..:I recipes. to The Cook Foreman has the authority to change menu items if necessary. ",,,,,h "lllh"ltihltinn "lnl1.Q with its • Tfw,,"l -' justification • With copy to FSA All staff and volunteers know and adhere to written "food nrenaration' p.v,",,,,\:!-"',,,,,,, Detainees whose religious beliefs require the adherence to particular religious dietary laws are referred to the Chaplain or FSA. A common-fare menu available to detainees whose dietary requirements cannot be met on the main line. • Changes to the planned common-fare menu can be made at the facility level; Hot entrees are offered three times a week; • • The common-fare menus satisfy nutritional recommended daily allowances (RDAs); • Staff routinely provide hot water for instant beverages and foods; 0 Common-fare meals are served with: • Disposable plates and utensils . • Reusable plates and utensils . • Staff use separate cutting boards, knives, spoons, scoops, etc. to I""'f-''''''' the common-fare diet items. A supervisor at the command level must approve a detainee's removal from the Common-Fare Program The Warden, in conjunction with the chaplain and/or local religious leaders, provides the FSA a schedule of the ceremonial meals for the following calendar year. The common-fare program accommodates detainees abstaining from particular foods or fasting for religious purposes at prescribed times of the year. • Muslims fasting during Ramadan receive their meals after sundown. • Jews who observe Passover but do not participate in the Common-Fare Program receIve the same Kosher-for- Passover meals as those who do participate. • Main-line offerings include one meatless meal (lunch or dinner) on Ash Wednesday and Fridays during Lent. 1(1 , No NA ~ D D ~ D D ~ D D ~ D D IXI n n ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D REMARI(~ Menu cycles are developed by Aramark Correctional Services and provided to the facility. An Aramark Correctional Services dietician reviews and approves every master-cycle menu. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 12 of69 food service program addresses medical diets. Satellite-feeding programs follow guidelines for proper sanitation. ~ Hot and cold foods are maintained at the prescribed, "safe" temperature(s) while being served. All meals are provided in nutritionally adequate portions. Food is not used to punish or reward detainees based upon behavior. The food service staff instructs detainee volunteers on: • Personal cleanliness and hygiene; • Sanitary techniques for preparing, storing, and . and • The sanitary operation, care, and maintenance of Staff documents the results of every refrigerator/freezer temperature check. The cleaning schedule for each food service area is conspicuously posted. Procedures include inspecting all incoming food shipments for damage, contamination, and pest infestation. ~ ACCEPTABLE DDEFICIENT D D D D D D D D Everyone working in the food service department complies with food safety and sanitation requirements. Standard operating procedures include weekly inspections of all food service areas, including dining and food-preparation areas and equipment. • Who conducts the Equipment is inspected for compliance with health and safety codes and regulations. • When was the most recent inspection? Which conducted the ? of discrepancies are forwarded to the Warden or designated department head, and corrective action is scheduled and Standard procedure includes checking and documenting temperatures of all dishwashing machines after each meal. D D D Detainees are not utilized in the kitchen area . D D Only food preparation areas were inspected. The food service manager implemented inspections of the satellite dining areas at the time of the review. D D The most recent inspection was conducted on August 6, 2009, by the Minnesota Department of Health. D D D D D D D D D D AT-RISK There were no discrepancies noted in last year's Minnesota Department of Health Temperatures were checked at each use and documentation was maintained by the food servIce D REPEAT FINDING REMARKS: The Carver County Jail has a contract with Aramark Correctional Services to provide meals to the jail population. The contractor provides nutritionally balanced meals that are prepared by trained staff. All menus are approved by a registered dietician. Temperatures were maintained by the food service manager of all freezers and coolers. Meals were also produced and served at the proper temperatures. Cleanliness of the kitchen area was exceptional. b6,b7c -09 AUDITOR'S IGNATURE / DATE FOR OFFICIAL USE ONLY (iAW ENFORCEMENT SENSITIVE) Page 13 of69 location accessible to D D D D Audits of baggage and non-valuable property occur each quarter and Two officers are present during the processing of detainee funds and valuables during in-processing to the facility. Both officers verify funds and valuables. Staff searches arriving detainees and their personal property for contraband. Staff procedures follow written policy for returning forgotten property to detainees. Property discrepancies are immediately reported to the CDEO or Chief procedures for handling detainee property claims the ICE standard. The facility attempts to notify an out-processed detainee that he/she left property in the facility: • By sending written notice to the detainee's last known address; • Via certified mail; and • The notice state that the detainee has 30 days in which to claim the property, after which it will be considered abandoned. The facility disposes of abandoned property in accordance with written procedures. • If a CDF/IGSA the The D D D D D D D D D D This requirement is specific to a SPC/CDF. Two officers are usually present, but only one officer signs the REMARKS: b6,b7c 11-17-09 AUDITOR'S SIGNATURE / DATE • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 14 of 69 Written procedures provide for the informal resolution of oral grievances (Not mandatory). • If yes, the detainee has up to five days within which to make his/her concern known to a member of the staff. Detainees have access to the grievance committee (or equivalent in IGSA), using formal procedures. • Detainees may seek help from other detainees or facility staff when preparing a grievance. detainees D D emergency D Procedures include maintaining a Detainee Grievance Log. • If not, an alternative acceptable record keeping system is maintained. • "Nuisance complaints" are identified in the records. • For quality control purposes, staff document nuisance received but not filed. Staff is required to forward any grievance that includes officer misconduct to a higher official or, in a CDF/IGSA facility, to ICE. D D D ACCEPTABLE [gI DEFICIENT D D There are documented or substantiated cases of staff harassing, disciplining, penalizing, or otherwise retaliating against a detainee who lodged a complaint: • If yes, explain. D AT-RISK D Local policy does not specify that detainees may seek assistance from other detainees or facility staff when preparing a grievance. D D There are no documented or substantiated cases of staff harassing, disciplining, penalizing, or otherwise retaliating against a detainee who D There is no detainee grievance log or alternative record keeping system maintained for tracking grievances. D Policy #6406, dated October 1, 2002, does not require any grievance that includes officer misconduct to be forwarded to ICE. D REPEAT FINDING REMARKS: The Carver County Jail does have a formal grievance policy; however, this policy does not specify that detainees may seek help from other detainees or facility staff when preparing a grievance. There is no grievance tracking system or grievance log in place. The LCI noted this was also an issue in the 2008 inspection. The inspector in 2008 entered the following comment on the standard checklist: "During the course of the review, a grievance tracking system was implemented in the jail computer software system. Effectively immediately, grievance statistics and information will be able to be tracked." If this was done, it has apparently not been ot dhoct gdcv,ncc, th,t involve office< misconduct to be fmw,udod to ICE. b6,b7c 11-19-09 b6,b7c AUDITOR'S • SI NATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 15 of69 Upon receipt of concurrence by the Field Office Director, the facility or authorized ICE Field Office ensures timely and proper notification to or accredited The facility follows policy and procedure when rejecting or requesting modifications to objectionable material provided or presented by the or accredited o o o o o o o o o o o o o o o o o o o o o Presenters are permitted to meet with small groups of detainees to discuss their cases after the group presentation. ICE or authorized detention staff is present but do not monitor conversations with legal o o o Group presenters who have had their privileges suspended are notified in writing by the Field Office Director or designee; and the reasons for suspension are documented. The Headquarters Office for Detention and Removal, Field Operations and Detention management Division, is notified when a group or individual is suspended from making o o o o o o o o o o hours in advance Documentation is submitted and maintained when any detainee is denied permission to attend a presentation and the reas~lll(s) for the denial. When the number of detainees allowed to attend a presentation is limited, the facility provides a sufficient number of presentations so that all detainees . attend. Detainees in segregation, unable to attend for security reasons, may request separate sessions with presenters. Such requests are documented. Int,PTn,TPtpT<: are admitted when necessary to assist attorneys and other hour to make the I2l ACCEPTABLE o DEFICIENT OAT-RISK REPEAT FINDING REMARKS: No group presentations have occurred or been requested at this facility during the past 12 months. b6,b7c 11-18-09 AUDITOR'S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 16 of69 The facility has a policy and procedure for the regular issuance and exchange of clothing, bedding, linens, and towels. • The supply of these items exceeds the minimum required for the number of detainees. All new detainees are issued clean, temperature-appropriate, presentable clothing during in-processing. Detainees receive: • One uniform shirt and one pair of uniform pants, or one jumpsuit; • One pair of socks; • One pair of underwear (Daily change); and • One of footwear. Additional clothing is available for changing weather conditions, or as New detainees are issued clean bedding, linens, and towels. They receive at a minimum: • One mattress; • One blanket; • Two sheets; • One pillowcase; • One towel; and • Additional blankets are issued based on local weather conditions. assigned to special work areas are clothed in accordance of the ·ob. ~t"'np,>" are provided clean clothing, linen and towels. • Socks and undergarments - exchanged daily. • Outer garments - twice weekly. • Sheets - weekly. • Towels - weekly. • Pillowcases - U'UIlL"'vl U'vLalll<',v DDEFICIENT D D D D D D ~ D D ~ D D D workers are permitted to exchange outer garments ~ ACCEPTABLE D D D D D D AT-RISK Socks and underwear are exchanged twice weekly. D REPEAT FINDING REMARKS: The Carver County Jail policies on issuance and exchange of clothing, bedding, and towels are in compliance with the detention standard with the exception that socks and underwear are exchanged twice weekly and not daily as required. b6,b7c :1 11-19-09 bAUDITOR'S SIGNATURE / DATE • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 17 of 69 Field Office considers detainee marriage requests on a case-bybasis. IXI D D The Field Office Director reviews every marriage request rejected by a .ections are documented. Warden/OIC or IGSA. It is standard practice to require a written request for permission to IXI D D IXI D D The written request includes a signed documentation from the intended intent. The Warden/OIC a written copy of his/her decision to the detainee and When permission is denied, the Warden/OIC states the basis for his/her decision. IXI D D IXI D D IXI D D IXI ACCEPTABLE DDEFICIENT D AT-RISK All marriage requests submitted by ICE detainees are forwarded to the ICE Field Office for consideration. There have been no requests the D REPEAT FINDING REMARKS: Although there have been no documented requests for marriage received from an ICE detainee, the chaplain emphasized that any requests received would immediately be forwarded to the ICE Field Office for review and approval. b6,b7c b6,b7c • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 18 of69 The Field Office Director considers and approves, on a case-by-case basis, trips to an immediate family member's: • Funeral; or • Deathbed The facility recognizes mother, father, brother, sister, spouse, child, and foster as "immediate The IGSA facility notifies ICE of all detainee requests for non-medical escorts. The detainee's Deportation Officer a detainee's request, with recommendation, to the approving official. Each recommendation addresses the individual's suitability for travel; the kind of Escorting officers report unexpected situations to the originating facility as a matter of procedure, and the ranking supervisor on duty has the . to issue instructions for . of the . Escorting officers have the discretion to increase or decrease minimum restraints in accordance with written procedures and classification level of the detainee. officers are precluded from accepting gifts/gratuities from a or detainee's relative or friend for reason. Escort officers ensure that detainees: • Conduct themselves in a manner that does not bring discredit to the ICE; • Do not violate federal, state, or local laws; • Do not purchase, possess, use, consume, or administer narcotics, other drugs, or intoxicants; • Make no unauthorized phone calls; and • Know they are subject to search, urinalysis, breathalyzer, or test return. Standard procedure requires the immediate return to the facility of any detainee who violates rules. D ACCEPTABLE DDEFICIENT D D D D D D D D D D D D D D D D D D D D D D D D D D D D AT-RISK D REPEAT FINDING REMARKS: =orted mps ,re conducted by ICE. b6,b7c { b6,b7c /11-19-09 AUDITOR'S SIGNATURE / DATE • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 19 of69 RECREATION POLICY: IT IS ICE POLICY TO PROVIDE ACCESS TO RECREATIONAL PROGRAMS AND ACTIVITIES TO ALL ICE DETAINEES, TO THE EXTENT POSSmLE, UNDER CONDITIONS OF SECURITY AND SUPERVISION THAT PROTECT THEIR SAFETY AND WELFARE. COMPONENTS YES No NA facility has a recreation J.11U~lCUll and facility. ;) recreational specialist (for flH~ilitip.~ with more than 350 rl. tailors the J.1W~1(l1H activities and offerings to the detainee nonlllHtion Regular maintenance keeps recreational facilities and equipment in good condition. The recreational specialist or trained equivalent supervises detainee recreation workers. The recreational specialist or trainee equivalent oversees recreation JJrugrams for special housing units (SHU) and sppp;"l-fleeds detainees. Di:1YIUUIWS offer "pilf"fJ.tary i:1l.OUV1l1C~, e.g. board games, cards,~vi~ Outside ac'u vlUC~ are restncted to Iimitp.iI-~ontHr.t sports. Each--;:J;:t";np~ the uppurtunity to parul.Olpale in daily. Detainees have access to recreation activities outside the housing units for at least one hour daily, 5 days a week. ~1. " £Y' <> ... r! ""... r!iti"... nThpn pn"in1Ylf"nt i" "r returned. Staff . searches of lCl.OlCi:1l1Ull areas before and after use. All recreation areas under constant staff supervision. IZl D D ~ ~ D D D D ~ ~ D D '= '= ~ D D ~ U LJ D IZl D ~ lJ lJ ~ D D ~ D IZl lJ ~ D D lJ D ~ D D .. ..1 I "''''I "' .....u..I L' is UU"'I -~. ", ... .1 , , check this box. No"' LL . ,._ . . IW'UI~I If the facility has no outside recreation, are detainees considered for transfer after six months? • If yes, written procedures ensure timely review of all eligible detainees. Case officers make written transfer recommendations about every sixmonth detainee to the Ole. ,L1, all rlatn TheOlC ·transfer ile~i"ion" WHIOth<Ol' yes or no. The detainee's written decision for or against an offered transfer documented in hislher A-file. Staff notifies the detainee's legal representative of hislher decision to accept/decline a transfer. If. recreation is available, the ICE Districts routinely review transfer eligibility for all detainees after 60 days. The A-file of every detainee who is held more than 60 days without access to recreation contains either a transfer-waiver signed by the detainee, or the OIC's written determination of the detainee's ;nf"l;aihilitv for transfer. The detainee's legal representative is notified of the detainee's/OIC's decision. ~ ACCEPT ABLE D DEFICIENT D The facility only ICE detainees per day. 30 Inmate/detainee workers are not utilized in the J.1wgnUll. IZl Supervising staff is equipped with radios. The facility provides detainees in the SHU at least one hour of outdoor recreation time daily, five times per week. . neta~p.p.~ in ili" ~lr I1nary/a 'Ui:1U vc segregation receive a written exnlanHtion when a panel revokes hislher recreation privileges. ~grams or reliaiOll" ~J are availtlhle to detainees are lCy'UUCU to sign a waiver of liability before entering a -secure portion of the facility where detainees are nTf~>lf~nt Visitors, relatives or friends are not allowed to serve as volunteers. [gJ1f REMARKS I is I "''IUAI",il when D D D D D D The gym and housing unit recreation areas are under intermittent ~uJ.1ervi~iun. Volunteers are not utilized in the ..1 D D D D D D D D D D D D D D D D REPEAT FINDING FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 20 of69 UII~I i l AT-RISK .iS~'" ; ",u. I ", ...I "'AUVII ee REMARKS: gym and housing unit recreation areas are not under constant supervision by officers. b6,b7c 111-18-09 { AUDITOR'S SIGNATURE / DATE e e FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSrnVE) Page 21 of 69 The facility allows detainees to observe the major "holy days" of their religious faith. • List The facility accommodates recognized holy-day observances by: • Providing special meals, consistent with dietary restrictions; • Honoring fasting requirements; • Facilitating religious services; and • restrictions. Each detainee is allowed religious items III hislher immediate possession. D D D D Detainees are routinely allowed to maintain religious and Bible), but any other religious items must be v s credentials are checked in detainee represented by Members of faiths services within allowances. Detainees in the Special Management in religious practices unless otherwise ~Q""r;i"" of the and verified before allowing D D clergy may conduct their own D D D D Unit are allowed to participate documented for the safety and DDEFICIENT D AT-RISK D REPEAT FINDING REMARKS: The jail chaplain ensures that religious services are provided to the detainee population on an on-going basis. Detainees must submit Each request is reviewed on a case by case basis. b6,b7c b6,b7c • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 22 of 69 DETAINEE TELEPHONE ACCESS ALL FACILITIES HOUSING ICE DEfAINEES WILL PERMIT DEfAINEES' REASONABLE AND EQUITABLE ACCESS TO TELEPHONES. C't RRMARK~ IENTIS YES No NA ~es allowed access to telephones during established ~ D D . waking hours. This is covered in the orientation video and Upon admittance, detainees are made aware of the facility's the Inmate Rules Handbook. Both are ~ D D telephone access policy. 1'1U 'luvd in Spanish and Fmrlish Acce~~ru!es are posted in housing units. ~ U lJ The facility makes a reasonable effort to provide key Information is provided in Spanish and information to detainees in languages spoken by any significant ~ D D English. portion oftheJ~s nnnllbtion. Telephones are provided at a minimum ratio of one telephone ~ D D per 25 detainees in the facility population. POLICY: Telephones are inspected regularly by facility staff to ensure that they are in good working order. ~ D D -r'!:' reports out-of-order The facility llclministration r tplpnhnnps to the facility's tplpnhnnp service p1Uv~dt;r ~ D D The facility administration monitors repair progress and takes appropriate measures to ensure that required repairs are begun and completed timely. ~ D D ~ D D ~ D D ~ D D ~ lJ lJ ~ D D The inspector was able to contact an actual staff member in the OIG office. D D ~ This requirement is met. ~ D D D ~ D There are not procedures established to accomplish this. lJ LJ ~ Telenhone access is not IvMllvlvd. ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D Detainees are afforded a reasonable degree of privacy for legal jJhone calls. A procedure exists to assist a detainee who is having trouble placing a confidential call. The facility provides the detainees with the ability to make noncollect (special access) calls. , I i f:; Special Access calls are at no charge to the -I. OIG phone numb", fr" 'epmeting ab"'e i, pmgmmmed into detainee phone system and the phone number was checked the ~m'l'v\,;tUl during the review. In facilities unable to fully meet this requirement initially because of limitations of its telephone service, ICE makes alternate arrangements to provide required access within 24 hours of a request by a detainee. No restrictions are placed on detainees attempting to contact attorneys and legal service providers who are on the approved "Free Legal Services List". Special arrangements are made to allow detainees to speak by telephone with an immediate family member detained in another Facility. Any telenhone 1 Ion s are docllm en tecl The facility has a system for taking and delivering emergency detainee telephone messages. Emergency phone call messages are immediately given to detainees. nptllinpps are allowed to return emergency phone calls as soon _as nnssihle Detainees in disciplinary segregation are allowed phone calls relating to the detainee's immigration case or other legal matters, including consultation calls. nptllinpes disciplinary segregation are allowed phone calls to cnnslllariemhllSS\; officials. es in disciplinary segregation are allowed phone calls for lyemergencips G FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 23 of69 in administrative detention and protective custody are the same telephone privileges as those in general o When detainee phone calls are monitored, notification is posted by detainee telephones that phone calls made by the detainees be monitored. Access calls are not monitored. lXI ACCEPTABLE o DEFICIENT o o o OAT-RISK o REPEAT FINDING REMARKS: No provision is made to allow detainees to speak by telephone with immediate family members detained in other facilities . b6,b7c b6,b7c • • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 24 of 69 VISITATION POLICY: ICE SHALL PERMIT DETAINEES TO VISIT WITH FAMILY, FRIENDS, LEGAL REPRESENTATIVES, SPECIAL INTEREST GROUPS, AND THE NEWS MEDIA. n YES rHi No NA is a written visitation schedule and hours for general visitation. ~ 0 0 The visitation hours tailored to the detainee population and the demand for visitation. ~ 0 0 0 0 0 0 0 0 0 0 0 The visitation schedule and rules are available to the public. ~ The hours for all categories of visitation are posted in the visitation waiting area. ~ A written copy of the rules regulating visitation and the hours of visitation is available to visitors. ~ A general visitation log is maintained. ~ The detainees are permitted to retain personal property items specified in the standard. ~ A visitor dress code is available to the public. ~ Visitors are searched and identified according to standard requirements. ~ 0 0 0 0 0 The requirement on visitation by minors is complied with. ~ 0 0 At facilities where there is no provision for visits by minors, ICE arranges for visits by children and stepchildren, on request, within the first 30 days. 0 0 ~ 0 0 ~ ~ 0 0 After that time, on request, ICE considers a transfer, when possible, to a facility that will allow minor visitation. At a ~ monthly visits are allowed. tinees in special housing are afforded visitation. Legal visitation is available seven (7) days a week, including holidays. ~ 0 0 On regular business days legal visitation hours are provide for a minimum of eight (8) hours per day, and a minimum of four hours per day on weekends and holidays. ~ 0 0 On regular business days, detainees are given the option of continuing a meeting with a legal representative through a scheduled meal. ~ 0 0 ~ 0 0 IZI [ ] [] 0 0 ~ ~ 0 0 The current list of pro bono legal organizations is posted in the detainee housing areas and other appropriate areas. ~ 0 0 The decision to permit or deny a tour is not delegated below the level ofField Office Director. ~ 0 0 Provisions for NGO visitation, as stated in the Detention LU", are complied with. ~ 0 0 Private consultation rooms are available for attorney meetings. There IS a mechanism for the detainee and hislher '''presentative to exchan!!e documents. Ires governing cl~tl'lin~~ ""'u"u",,. There are written When strip searches are required after every contact visit with a legal representative, the facility provides an option for nonItMives. contact visits with legal '''p' Prior to each visit, legal service providers and assistants are identified per the standard. REMARKS The schedule and hours are posted and available at the facility. They are also available on the facility website. Approved minors are allowed to visit when lied by an appro',.!d adult. Minors on the approved visiting list are allowed to visit when accompanied by an approved adult. Approved minors are allowed to visit if accompanied by an approved adult. Only pat-down searches are required after visits with attorneys. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 25 of69 VISITATION POLICY: ICE SHALL PERMIT DETAINEES TO VISIT WITH FAMILY, FRIENDS, LEGAL REPRESENTATIVES, SPECIAL INTEREST GROUPS, AND THE NEWS MEDIA. ~ enforcement officials who request to visit with a detainee ~ D D Former detainees or aliens in proceedings, requesting to visit with a detainee, are referred to the OIC or ICE Field Office. ~ D D Procedures are in place, consistent with the detention standard, for examinations by independent medical service providers and experts. ~ D D referred to the ICE Field Office for approval. ~ ACCEPTABLE D DEFICIENT D AT-RISK D REPEAT FINDING b6,b7c b6,b7c • • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 26 of69 o staff screen and formally certify detainee food service volunteers. • Before the assignment begins; and • As a matter of written Detainees receive safety equipment/ training sufficient for the procedure is followed when an ICE detainee is injured on the o ACCEPTABLE o DEFICIENT o o o o o o o o o o o o o o o REPEAT FINDING o OAT-RISK REMARKS: ICE detainees are not allowed to participate in the voluntary work program. According to a program staff member detainees were assigned to the program as kitchen workers until about three years ago. This was discontinued due to the rapid turnover of the detainee population. b6,b7c -1 b6,b7c oAUDITOR'S SIGNATURE / DATE • 11-18-09 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 27 of69 • SECTION II • • HEALTH SERVICES STANDARDS FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 28 of69 HUNGER STRIKES ALL FACILITIES WILL FOLLOW STANDARD GUIDELINES FOR THE MEDICAL AND ADMINISTRATIVE MANAGEMENT OF ICE ENGAGING IN HUNGER STRIKES. By MONITORING OF THE HEALTH AND WELFARE OF THE INDIVIDUAL DETAINEES, FACILITIES . STRIVE TO SUSTAIN THEIR LIVES. POLICY: COMPONENTS YES No When a detainee has refused food for 72 hours, it is standard practice for staff to refer him/her to the medical department. PolIcy ana proceaure reqUITe IDat stan ISOlale a IlUIlgCl ·".UKIllg detainee from other detainees. • If yes, in an observation room? Medical personnel are authorized to place a detainee in the Special Management Unit or a locked hospital room. Medical staff records the weight and vital signs of a hunger-striking detainee at least once every 24 hours. Policy 6622 states that "An inmate or resident who refuses food for 72 hours without access to commissary items is considered to be on a hunger strike." There have been no hunger strikes at this facility since the last [2J D D [2J D D [2J D D Policy 6622 requires the notification of the Assistant Director for Detention and Removal. Policy requires immediate response to hunger strikes. [2J D D Policy requires isolation if medically advisable. [2J D D [2J D D Policy requires isolation if medically advisable. Policy requires weights and vital signs at least every 24 hours. Other procedures are repeated as medically CDFs and IOSAs immediately report a hunger strike to the ICE. The facility has established procedures to ensure staff respond immediately to a hunger strike. REMARKS NA np.~p.>:'lary. The Ole of the facility obtains a hunger striker's consent before medical treatment. [2J D D [2J D D [2J D D Staff maintains the hunger striker's supply of drinking water/other beverages. [2J D D During a hunger strike, staff removes all food items from the hunger striker's living area. [2J D D Staff is directed to record the hunger striker's fluid intake and food consumption; Does staff always use Hunger Strike Monitoring Form 1839 or similar lOS A form. [2J D D [2J D D Staff documents all treatment attempts, including attempts to persuade hunger striker of medical risks. [2J D D Staff has received training in identification of hunger strikes. Medical staff receives early training in hunger-strike evaluation and treatment. Staff remains current in evaluation and treatment techniques. [2J D D A signed Refusal of Treatment form is required of every detainee who rejects medical evaluation or treatment. During a hunger strike, staff document and provide the hunger-striking detainee three meals a day. The medical staff has written procedures for treating hunger strikers. , Per the chief nurse, consent would be obtained before medical treatment is provided. Local policy requires court "pp< v val prior to force feedin!!. Policy requires a signed refusal of treatment. Policy requires delivery ofthree meals per day "regardless of the inmate or resident's response to a verbally-offered meal." Local policy requires maintaining a supply of water or beverages. Policy 6622 requires removal of all food not authorized by a physician. Staff are instructed to record all food and beverage consumption. There have been no hunger strikes at this facility since the last imnp.dion Medical standing orders # 10.13 provide adequate initial guidance for the medical management of a hunger strike. Staff are instructed to record all treatment attempts. Staff receive training in the management of hunger strikes as part of their Field Training Officer ~ r lUgI<llll. [2J ACCEPTABLE D DEFICIENT D AT-RISK D REPEAT FINDING FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 29 of69 I ! REMARKS: All staff in the facility has received adequate guidance in the recognition, referral and management of those persons engaging in a ~ger strike. These procedures ensure the monitoring of the health and welfare of the detainee. There have been no detainee hunger .ikes since the last inspection. b6,b7c f b6,b7c 11-19-09 AUDITOR'S SIGNATURE / DATE • • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSrnVE) Page 30 of 69 ACCESS TO MEDICAL CARE • • • POLICY: EVERY FACILITY WILL ESTABLISH AND MAINTAIN AN ACCREDITED/ACCREDITATION-WORTHY HEALTH PROGRAM FOR THE GENERAL WELL-BEING OF ICE DETAINEES. COMPONENTS YES No NA REMARKS The facility is inspected by the Facilities operate a health care facility in compliance with Minnesota Department of Corrections. state and local laws and guidelines. The adult portion of the jail was last I2l D D inspected on January 27, 2009. The facility was found to be in compliance with Minnesota standards. Medical screening is performed by The facility's in-processing procedures for arriving detainees I2l D D officers in the booking area. include medical screening. All detainees have access to and receive medical care. Detainees gain access to medical care by filling out a sick call request form. Forms are collected daily during the week. RNs perform sick call using protocols and standing orders. The I2l D D medical director is available by phone should problems arise that are outside the protocols. Medical care beyond the scope of jail staff is arranged with health care providers in the community. The jail uses ICE's TAR system to The facility has access to a PHS/DlHS Managed Health Care Coordinator. I2l D D communicate with the managed health care coordinator. On-site medical staffing includes two The medical staff is large enough to provide, examine, and Registered Nurses that provide treat the facility's detainee population. I2l D D coverage on the day shift, Monday thru Friday. A physician/medical director is on-call. The health services unit has ample The facility has sufficient space and equipment to afford detainee privacy when receiving health care. I2l D D space. Detainees are examined in a room that provides privacy. The health services area is its own The medical facility has its own restricted-access area. The restricted access area is located within the confines of the I2l D D restricted area and is within the secure secure perimeter. perimeter. The medical area has a small waiting The medical facility entrance includes a holding/waiting I2l D D room. room. When a detainee is brought to the The medical facility's holding/waiting room is under the health services area the escorting direct supervision of custodial staff. I2l D D correctional officer remains with the detainee until they are returned to the housing unit. Detainees have access to water and a Detainees in the holding/waiting room have access to a I2l D D toilet. drinking fountain. Medical records are kept apart from other files. They are: • Secured in a locked area within the medical unit; Medical records are maintained • With physical access restricted to authorized medical I2l D D separate from detention files. Access is staff; and restricted to medical personnel. Procedurally, no copies made and placed in detainee • files. Pharmaceuticals are stored in a cart that Pharmaceuticals are stored in a secure area. is kept in a room in the health services area. The walls of the room are solid I2l D D with a solid ceiling. The door is metal and secured with a high security locking device. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 31 of69 ACCESS TO MEDICAL CARE • POLICY: EVERY FACILITY WILL ESTABLISH AND MAINTAIN AN ACCREDITED/ACCREDITATION-WORTHY HEALTH PROGRAM FOR THE GENERAL WELL-BEING OF ICE DETAINEES. Medical screening includes a Tuberculosis (TB) test. • Every arriving detainee receives a TB test during the admission process; • Detainee's TB-screening does not occur more than one business day after hislher arrival at the facility; and • Detainees not screened are housed separate from the general population. All detainees receive a mental-health screening upon arrival. It is conducted: • Bya health care provider or specially trained officer; and • Before a detainee's assignment to a housing unit. The facility health care provider promptly reviews all 1-794s (or equivalent) to identify detainees needing medical D D D D TB symptomatic screening is performed during booking. TB testing is performed by means of a digital chest x-ray. The x-ray is read the same day it is taken and results are Faxed back to the jail. If a detainee tests positive they are transferred to a facility with a negative pressure isolation cell. Detainees receive mental health screening during the booking process. Officers receive training during their field training officer/orientation program. Health care staff review medical intake screening information promptly on UIPPlrrl""" -" D D D D The health care provider physically examines/assesses arriving detainees within 14 days of admission/arrival at the facility. • Detainees in the Special Management Unit have access to health care services. Staff provides detainees with health serVIces (sick call) request slips daily, upon request. • Request slips are available in languages other than English, including every language spoken by a sizeable number of the facility's detainee population. • Service-request slips are delivered III a timely fashion to the health care provider. The facility has a written plan for the delivery of 24-hour emergency health care when no medical personnel are on duty at the facility, or when immediate outside medical attention is required. The plan includes an on-call provider. The plan includes procedures for facility staff to utilize this emergency health care consistent with security and safety. • ll, chr\lllrl " rl. arrive after 4 PM on Friday, their information will not be reviewed until 7 AM on Monday, at the earliest. If it is a three day weekend, review by a health care provider would be an additional day. The medical records of 15 detainees were reviewed and 6 of the 15 did not have assessments performed within 14 days of arrival. From January to March 2009, the facility performed a study of the timeliness of assessments and found that they were delinquent. A system of controls was put in place to ensure that assessments were performed. Of the nine records reviewed of detainees admitted after March 2009, all had timely physical assessments. Detainees in the Special Management Unit have the same access to health care as those in general housing. Sick call request slips are available upon request. The current request slip is available in English only, but is being translated into Spanish. Those detainees not speaking Spanish are provided translation assistance to fill out the form. D D D D D D Policy 6615 outlines procedures for delivery of emergency health care. D D Policy 6615 states that the contracted physician will be called if time permits. D D Policy 6615 adequately describes procedures for safety and security L -____________________________________________~____~____~__~_d~u~r~in~g~em~er~g~e~n~cy~tr~a~n~sp~o~rt~.________~ rgJ D D FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 32 of69 • Detention staff is trained to respond to health-related emergencies within a 4-minute response time. o o Where staff is used to distribute medication, a health care provider properly trains these officers. o o The Form 1-819 (or IGSA equivalent) is used to notify the Warden/Facility of a detainee that has special medical needs. o o A signed and dated consent form is obtained from a detainee before medical treatment is administered. o Detainees use the 1-813 (or IGSA equivalent) to authorize the release of confidential medical records to outside sources. The facility health care provider is given advance notice prior to the or removal of a detainee. Detainee's medical records or a copy thereof, are available and transferred with the detainee. Medical records are placed in a sealed envelope or other container labeled with the detainee's name and A-number and marked "MEDICAL CONFIDENTIAL". • o DEFICIENT medications. They are trained by the RN to pass medications prior to performing this function. Medication distribution was observed and was A medication administration record is used to record distribution. The The medical unit keeps written records of medication that is distributed. [gI ACCEPTABLE All staff are CPR, First Aid, and AED trained. There is no place within the facility that cannot be reached in less than 3 minutes. Training logs were reviewed and confirmed CPR and First Aid training. AEDs were observed the o o o o o o o o o OAT-RISK A formalized consent form for medical treatment has not been instituted. The medical staff have considered a sick call request form filled out by the detainee as "implied consent". Mter discussion with the medical staff, consideration is being given to adding a medical care consent form to the sick call request form or the booking documents. A release of medical records form is signed as part of the booking A list of departing detainees is provided to the RNs. A medical summary sheet (form USM 533) is prepared for each departing detainee. Medical records are not routinely transferred, but are available for transfer if When medical records are transferred with the detainee, they are placed in a sealed envelope and labeled Medical Confidential. o REPEAT FINDING FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 33 of69 REMARKS: Carver County Jail provides its detainee population with initial medical screening, essential medical care, and emergency care. edical staffing is minimal but sufficient to meet the needs of the population. The physical plant is adequate and provides for privacy ring examinations. Physical assessments are not always performed within the required 14 days of arrival. A great improvement in e timely performance of these assessments was noted over the past 8 months. tl b6,b7c f b6,b7c 11-19-09 LJ AUDITOR'S SIGNATURE / DATE • • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 34 of69 Every new staff member receives suicide-prevention training. Suicideprevention training occurs during the employee orientation program. D D Staff receive suicide prevention and intervention training during their 12 week Field Training Officer (FTO) program. New staff are not permitted to stand posts alone until have this As part of their FrO program, all new officers view a video that outlines how to recognize and refer persons who are potentially suicidal. The video was reviewed and tr<lllnlll"T Training prepares staff to: • Recognize potentially suicidal behavior; • Refer potentially suicidal detainees, following facility procedures; and • Understand and apply suicide-prevention techniques. all detainees as process. • Screening does not occur later than one working day after the detainee's arrival. Written procedures cover when and how to refer at-risk detainees to medical staff and procedures are followed. ~ D D ~ D D ~ D D The facility has a designated isolation room for evaluation and treatment. ~ designated isolation room does not contain any structures or items that could be used in a suicide attempt. D D ~ ACCEPTABLE DDEFICIENT D Detainees on suicide watch are placed in one of the cells in the booking area. These cells are on constant video surveillance. ~ D D The cells used for suicide watch are free of all small and sharp objects. Detainees are placed in a suicide ~ D D Medical staff have approved the suicide watch cells. D D Medical staff has approved the room for this purpose. Staff observes and documents the status of a suicide-watch detainee at least once every 15 minutes. UU~/AJ.ll;'; process. This occurs immediately upon arrival to the ·ail. Policy 6614 outlines procedures for detainee referral. AT-RISK Staff are required to record their observations in the "behavior log" 10-15 minutes. D REPEAT FINDING REMARKS: Staff at the facility receive adequate training in the recognition, referral and management of detainees who present with suicide potential. The facility has a relationship with the Carver County Mental Health Crisis Team for the evaluation and management of ns on suicide watch are not removed from this status unless approved by the mental health care provider. . • b6,b7c b6,b7c 9 SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 35 of69 Detainees who are chronically or terminally ill are transferred to an appropriate offsite medical facility. The facility or appropriate ICE office promptly notifies the next of kin of the detainee's medical condition, to include: • The detainee's location; and on • The limitations There are guidelines addressing the State Advanced Directive Form for Implementing Living Wills and Advanced Directives. • The guidelines include instructions for detainees who wish to have a living will other than the generic form the DIHS provides or who another to make advance decisions for him or her. wishes to The guidelines provide the detainee the opportunity to have a private attorney prepare the documents. D D D D ~ ~ ICE provides for the security when detainees are hospitalized. ICE notifies the next of kin. Health Services standing order 10.23 provides guidance in preparing advanced directives. ~ D D ~ D D D D ~ D D ~ D D ~ D D ~ ~ D D ~ D D D D ~ There is a policy addressing "Do Not Resuscitate Orders" with a "Do Not Resuscitate" order in the medical record receive maximal therapeutic efforts short of resuscitation? The facility notifies the DIHS Medical Director and Headquarters' Legal Counsel of the name and basic circumstances of any detainee with a "Do Not Resuscitate" order in the medical record. In the case of IGSAs, this notification the local ICE is made The facility has written procedures to address the issues of organ donation by detainees. The facility has written procedures to notify ICE officials, deceased family members and consulates, when a detainee dies while in Service. Standing order 10.23 permits privately prepared advanced directives. Detainees who are chronically or terminally ill are not housed at this The facility has a policy and procedure to address the death of a detainee while in transport. ICE locations the detainee's remains disposed of in accordance with the detailed in this standard. This is not an ICE location. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 36 of 69 In the event that neither family nor consulate claims the remains, the Field Office schedules an indigent's burial, consistent with local procedures. • If the detainee's is a U.S. military veteran, is the Department of Veterans Affairs notified? D There have been no detainee deaths at this facility. Per the ICE DRO, an indigent's burial would be provided and the Department of Veteran's Affairs would be notified. D D There are no procedures for the performance of an autopsy, obtaining death certificates or local transportation of the body. D ~ D detainee's death certificate is placed in the The facility follows established policy and procedures describing when to contact the local coroner regarding such issues as: • Performance of an autopsy; • Who will perform the autopsy; • Obtaining state approved death certificates; and • Local of the bo ICE staff follows established procedures to properly close the case of a deceased detainee. ~ ACCEPTABLE DDEFICIENT D AT-RISK D There have been no detainee deaths at this D REPEAT FINDING REMARKS: The facility does not routinely house detainees who are seriously or terminally ill. Procedures are in place for adequate notification of ICE officials, consulates, and next of kin in the event of a detainee's hospitalization or death. Procedures need to be developed that address performance of an autopsy. b6,b7c b6,b7c -:! 11-19-09 I AUDITOR'S SIGNATURE / DATE • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 37 of69 • SECTION III SECURITY AND CONTROL STANDARDS • • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 38 of69 seizure. is government property is as evidence for action or criminal Staff returns property not needed as evidence to the proper authority. Written procedures cover the return of such property. is destroyed following documentation and using [gI 0 0 [gI 0 0 [gI 0 0 [gI 0 0 Staff follows written procedures when destroying hard contraband that is illegal. Hard contraband that is illegal (under criminal statutes) may be retained and used for official use, e.g. training purposes. If yes, under specific circumstances and using specified written procedures. Hard contraband is secured when not in use. [gI ACCEPTABLE o DEFICIENT OAT-RISK Policy 6911 defines procedures for handling contraband. This issue is addressed in the Carver County Sheriff's Office Manual of Administrative Practices. o o o o items. This component is defined in the Sheriff's Manual of Administrative Practices. Though this is not a practice, the J ail Administrator advised that the option is available to legally retain seized contraband for and o REPEAT FINDING With the exception of issues relevant to religious practices, Policy 6911 addresses all of the components of the Contraband Standard. A review of search files and schedules indicates compliance with search requirements and the appropriate disposition of contraband. b6,b7c 1 b6,b7c 7J AUDITOR'S SIGNATURE / DATE • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSrnVE) Page 39 of69 DETENTION FILES POLICY: EVERY FACILITY WILL CREATE A DETENTION FILE FOR EVERY ICE DETAINEE BOOKED INTO THE FACILITY, EXCLUDING ONLY DETAINEES SCHEDULED TO DEPART WITHIN 24 HOURS. THE DETENTION FILE WILL CONTAIN COPIES AND, IN SOME CASES, THE ORIGINAL OF SPECIFIED DOCUMENTS CONCERNING THE DETAINEE'S STAY IN THE FACILITY: CLASSIFICATION SHEET, MEDICAL QUESTIONNAIRE, 'llKl '{ INVENTORY SHEET DISCIPLINARY DOCUMENTS, ETC. Cl YES II" A detention file is created for every new arrival whose stay will exceed 24 hours. The detainee detention file contains either originals or copies of documentation and forms generated during the admissions process. The detainee's detention file also contains documents generated during the detainee's custody. • Special requests • Any G-589s and/or 1-77s closed-out during the detainee's stay • Disciplinary forms/Segregation forms The detention files are located and maintained in a secure area. If not, the cabinets are lockable and distribution of the keys is limited to supervisors. The detention file remains active during the detainee's stay. When the detainee is released from the facility, staff adds copies of completed release documents, the original closed-out receipts for property and valuables, the original 1-385 or equivalent, and other documentation. The officer closing the detention file makes a notation that the file is comnlete and ready to be archived. ~£makes copies and sends documents from the file when requested by supervisory personnel at the receiving facility office. * Appropriate staff has access to the detention files, and other departmental requests are accommodated by making a request for the file. Each file is properly logged out and in by a representative of the responsihle d"paltment. [gI ACCEPTABLE D DE}'ILIENI ~ [gI No NA D D D REM.tRKS D Admissions data is placed with booking documents and daily activity data is separated into detention files and "Pac" files. This data is kept in the Pac file. The Pac files and detention files are stored together when the detainee is transferred or released. [gI D D [gI D D [gI D D [gI D D [gI D D D D AT-RISK D REPIUT FINDING b6,b7c b6,b7c /11-18-09 ~ AUDITOR'S SIGNATURE/DATE • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 40 of69 DISCIPLINARY POLICY POLICY: ALL FACILITIES HOUSING ICE DEIAINEES ARE AUTHORIZED TO IMPOSE DISCIPLINE ON DEIAINEES WHOSE BEHAVIOR IS NOT IN COMPLIANCE WITH FACILITY RULES AND REGULATIONS. 0 YE~ Utl'll/j N~ The facility rules state that disciplinary action shall not be capricious or retaliatory. Written rules prohibit staff from imposing or permitting the following sanctions: • corporal punishment • deviations from normal food service • clothing deprivation • neae 19 oepnvanon • denial of personal hygiene items • loss of correspondence privileges • i!.eprivatiQ!!. of ohvsical exercise The rules of conduct, sanctions, and procedures for violations are defined in writing and communicated to all detainees verbally and in writing. The following items are conspicuously posted in Spanish and English, and other dominate languages used in the facility: • Rights and Responsibilities • Prohibited Acts • Disciplinary Severity Scale • Sanctions When minor rule violations or prohibited acts occur, informal resolutions are encouraged. Incident r~ports and Notice of Charges are promptly forwarded to the clp->li !1naterl supervisor. Incident reports are investigated within 24 hours of the incident. The Unit Disciplinary Committee (UDC) or equivalent does not convene before an investigation ends. An intermediate disciplinary process is used to adjudicate minor infractions. A disciplinary panel (or equivalent in IGSAs) adjudicates infractions. The panel: • Conducts hearings on all charges and allegations referred by the UDC; • Considers written reports, statements, physical evidence, and oral testimony; • Hears pleadings by detainees and staff representatives; • Bases its findings on the preponderance of evidence; and • Tmnoses only authorized sanctions A staff 1 vpl' l VV is available if requested for a detainee facing a cliscinlinary hearing-. RJ?MADK~ NA facility has a written disciplinary system using progressive levels of reviews and appeals. ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D Policy 6402, Infractions and Sanctions, defines the parameters for progressive levels of violations, reviews, and anneals. This is stated in the facility policy and the Inmate Rules Handbook. Policy 6402 lists each of these prohihited The Inmate Rules Handbook and orientation video are provided upon the detainees' arrival. The Inmate Rules Handbook, orientation video, and posted signage throughout the facility are in English and Spanish. It is noted this item was raised as an area of concern during the 2008 review. The staff takes seriously the importance of proactive problem-solving and informal resolution of minor violations. The on-duty shift sergeants are responsible for investigation and documentation of incidents. Nearly all minor violations are handled lllformally. The facility disciplinary panel consists of the administrative sergeant, a program services staff member, and a line staff member who was not directly involved in the incident. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 41 of69 facility permits hearing postponements or continuances when conditions warrant such a continuance. Reasons are documented. The duration of punishment set by the Ole, as recommended by the disciplinary panel, does not exceed established sanctions. The maximum time in disciplinary segregation is limited to 60 days for a . offense. Written procedures govern the handling of confidential-informant information. Standards include criteria for recognizing "substantial evidence" [gI ACCEPTABLE o DEFICIENT o OAT-RISK o o o o The parameters for disciplinary sanctions are defined in Policy 6402 (D). o Although there are provisions for Protective Custody, nothing was found in the facility's policies concerning handling of confidential informant information. o REPEAT FINDING REMARKS: The facility's policies, orientation video and Inmate Rules Handbook address most components of the Disciplinary Policy Standard. However, there is no specific direction regarding the handling of confidential informant information. b6,b7c b6,b7c • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 42 of69 EMERGENCY (CONTINGENCy) PLANS «£=: POLICY ALL FACILITIES HOLDING ICE DETAINEES WILL RESPOND TO EMERGENCIES WITH A PREDETERMINED STANDARDIZED PLAN TO THE HARMING OF HUMAN LIFE AND THE DESTRUCTION OF PROPERTY. IT IS RECOMMENDED THAT SPCS AND CDFs ENTER INTO 11. VIA MEMORANDUM OF UNDERSTANDING (MOU), WITH FEDERAL, LOCAL AND STATE AGENCIES TO ASSIST IN TIMES OF ,I n jENT:S Policy precludes detainees or detainee groups from exercising control or authority over other detainees. Detainees are protected from: • Personal abuse Corporal punishment • Personal injury • Disease • Property damage • Harassment from other detainees Staff is trained to identify signs of detainee unrest. • What tvoe oftrl'linin!7 andhow often? • Staff dfe\;lly-l. disseminates uifcn facility climate, detainee Mtit11l1f>" and m~ to the 9fficerJn Char_ge (OIC) There is a designated person or persons responsible for emergency plans and their implementation. Sufficient time is allotted to the person or group for develonmf>nt and imnlementMion of the plans. _ e plans address the following issues: • Confidentiality • Accountability (copies and storage locations) • Annual review procedures and schedule • Revisions Contingency plans include a comprehensive general section with ~~Clj l'Innlir.l'Ihlf> to most ;y situations. The facility has cooperative contingency plans with applicable: • Local law enforcement agencies • State agencies • Federal agencies All staff receives copies of Hostage Situation Management policy and lres. Staff is trained to disregard instructions from hostages, regardless of rank. Within 24 hours after release, hostages are screened for medical and}Js:ur.holoQical effects. Emergency plans include emergency medical treatment for staff and .-1f>tl'linf>f>"~~ and after an incident. Food service maintains at least 3 days' worth of emergency meals for staff and detainees. Written plans identify locations of shut-off valves and switches for all utilities (water, gas, electric). YES No NA ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D D ~ D REMARKS Staff receives 16 hours of inservice training, One component of initial certification training also includes identifying signs of detainee behavior. Shift briefings regularly include the current level of inmate morale. The Assistant Jail Administrator insures compliance with this component. The jail is a function of the Carver County Sheriffs Office. There are cooperative agreements with surrounding municipal and state law enforcement l'I!7enr.ie" This component of the standard is covered in the opening sentence of Policy 6811. The contingency plans do not include the locations of utility switches and valves. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 43 of69 I Written procedures cover: • WorkIFood Strike • Disturbances • Escapes • Bomb Threats • Adverse Weather • Internal Searches • Facility Evacuation • Detainee Transportation System Plan • Internal Hostages • Civil Disturbances l.8J ACCEPTABLE o DEFICIENT o o All emergency procedures listed in this component are included in policy 6899. AT-RISK REMARKS: There is no addendum to the contingency plans that includes the location of the utility emergency shut-off valves and switches. b6,b7c j b6,b7c 11-19-09 DAuDlTOR'S SIGNATURE / DATE • • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 44 of 69 ENVIRONMENTAL HEALTH AND SAFETY EVERY FACILITY WILL CONTROL FLAMMABLE, TOXIC, AND CAUSTIC MATERIALS THROUGH A HAZARDOUS MATERIALS PROGRAM. THE PROGRAM WILL INCLUDE, AMONG OTHER THINGS, THE IDENTWICATION AND LABELING OF HAZARDOUS MATERIALS IN ACCORDANCE WITH APPLICABLE STANDARDS (E.G., NATIONAL FIRE PROTECTION ASSOCIATION [NFPA]); IDENTWICATION OF \,fPATIBLE MATERIALS, AND SAFE-HANDLING PROCEDURES RF.MARKS COMPuI'II';l'Il1j No NA YES The facility has a system for storing, issuing, and maintaining Policy #6906, Dangerous Materialsrr001 ControllMedical inventories of hazardous materials. 0 0 ~ EqUlplU"Hl, dated 10/01102. noted Constant inventories are maintained for all flammahle. toxic, and There were no lll' 0 ~ 0 in any area of the facility. caustic substances used/stored in each section of the facility. The manufacturer's Material Safety Data Sheet (MSDS) file is up-toThere was a master list date for every hazardous substance used. available, but it has not been updated since January 2006. • The files list all storage areas, and include a plant diagram 0 0 ~ and legend. There were no plant diagrams contained with the master list The MSDSs and other information in the files are available to • and no storage areas listed. l',,[sonnel mHnmrinv the facility's safety program. All • leI using flHmmahle toxic, and/or caustic substances follow thpcnrescriheo .... Thev: r-1 r-1 L.J L-J 161 Wear personal protective equipment; and • • Report hazards and spills to the Op.sivnHtp.iI official. The MSDSs are readily accessible to staff and detainees in work areas. 0 0 ~ POLICY: , i ~ Hazardous materials are always issued under proper supervision. • Quantities are limited; and • Staff always supervises detainees using these substances. All "flammable" and on nnstihle" materials (liquid and aerosol) are stored and used Hccoroin!1 to label recommendations. Lighting fixtures and electrical equipment installed in rooms and other hazardous areas meet National Electrical Code requirements. ~ facility has Iffir.ip.nt vp.ntilHtion and provides and ensures clean p.xr.hHn vp.s throuvhont all bviloinvs Vents return vents, and air conditioning ducts are not blocked or obstructed in cells or uuywm:n; in the facility. Living units are maintained at appropriate temperatures in accordance with industry standards. (68 to 74 degrees in the winter and 72 to 78 U"~l""~ in the summer.) Shower and sink water temperatures do not exceed the industry standard of 120 degrees. All toxic and caustic materials are stored in their original containers in a secure area. Excess flammables, combustibles, and toxic liquids are disposed of jJ1UjJ~rly and in accordance with MSDSs. Staff directly supervise and account for products with methyl alcohol. Staff receives a list of products containing diluted methyl alcohol, e.g., shoe dye. All such products are clearly labeled. "Accountability" includes issuing such products to detainees in the smallest workable quantities. Every employee and detainee using flammable, toxic, caustic materials receives advance training in their use, storage, and ilisnOSH I The facility complies with the most current edition of applicable codes, standards, and regulations of the National Fire Protection Association and the Occupational Safety and Health Administration (OSHA). IS. A technicHllv qVHlifip.o officer cononcts the fire and safety lil"J The Safety Office (or officer) maintHins files of inspect1Ull reports. «faCility has an approved fire prevention, control, and evacuation 0 ~ 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 0 0 ~ ~ 0 0 Unsecured hazardous substances were noted in areas throughout the facility. No products were found that contained methyl alcohol. I ~ 0 0 ~ LJ 0 0 U ~ ~ 0 0 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 45 of69 ENVIRONMENTAL HEALTH AND SAFETY EVERY FACILITY WILL CONTROL FLAMMABLE, TOXIC, AND CAUSTIC MATERIALS THROUGH A HAZARDOUS MATERIALS PROGRAM. THE PROGRAM WILL INCLUDE, AMONG OTHER THINGS, THE IDENTIFICATION AND LABELING OF HAZARDOUS MATERIALS IN ACCORDANCE WITH APPLICABLE STANDARDS (E.G., NATIONAL FIRE PROTECTION ASSOCIATION [NFPA]); IDENTIFICATION OF 'ATmLE M~ERIALS,- AND SAFE-HANDLING PROCEDURES POLICY: I I iEI'IT/s The plan requires: • Monthly fire inspections; • Fire protection equipment strategically located throughout the facility; • Public posting of emergency plans with accessible building/room floor plans; • Exit signs and directional arrows; and • An area-specific exit diagram conspicuously posted in the jiagra~d area. Fire drills are conducted and documented monthly. YES No NA ~ 0 0 0 ~ 0 ~ n n 0 ~ 0 A sanitation program covers barbering operations. The barber shop has the facilities and equipment necessary to meet sanitation requirements. REMARKS Fire drills are conducted semiannuallv. Policy #6710, Hair Care Services covers II! operations. Barber services are provided to the population in a housing unit conference room. The area does not have the proper equipment necessary to meet sanitation 1 The sanitation standards are conspicuously posted in the barbershop. 0 ~ 0 ~ 0 0 ~ 0 0 ~ 0 0 The facility follows standard cleaning procedures. ~ 0 0 Spill kits are readily available. ~ 0 0 It Written Jl1Ul't:uun;~ oth", regulate the handling and disposal of used needles ~=~~~~'~O""'tiru ,..rely 0' """'Iy ",Ie< ",e inven'oc'ed a np.si onlltp.n individual checks this inventory weekly. Standard cleaning practices include: • Using specified equipment; cleansers; disinfectants and detergents. • An established schedule of cleaning and follow-up vyu~ements. No sanitation .,tandarrl , were noted in the barbershon areas. in snp.r.ti on s A licensed medical waste contractor disposes of infectious/biohazardous waste. Staff is trained to prevent contact with blood and other body fluids and written -'- Lv" are followed. Do the mp.thons for handling/disposing of refuse meet all regulatory • .'1 1 vljUllvUlvUlS t A licensed/Certified/Trained pest-control professional inspects for rodents, insects, and vermin. • At least monthly. • The pest-control program includes preventative spraying for indigenous insects. Drinking water and wastewater is routinely tested according to a fixed ~ 0 0 ~ 0 0 ~ 0 0 The facility contracts with SteriCycle for the removal of infectious and bio-hazardous waste. I ~ 0 0 ~ 0 0 FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) Page 46 of69 Emergency power generators are tested at least every two weeks. • Other emergency systems and equipment receive testing at least quarterly. • Testing is followed-up with timely corrective actions (repairs and o ACCEPTABLE [gI DEFICIENT OAT-RISK o o [gI REPEAT FINDING REMARKs: The facility has a procedure for the handling of caustic materials, but this procedure does not require inventories of these items. There fa ilit that had toxic and caustic materials which were unsupervised and not on any inventories. MSDS sheets for all materials maintained by the jail were not up-to-date. The MSDS sheets were lila equa e as hazardous materials maintained by the facility. The facility has an approved fire plan (Policy #6813); however, this plan does not require monthly drills as required by the detention standard. b6,b7c b6,b7c AUDITOR'S SIGNATURE / DATE • • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 47 of 69 The hold rooms are situated within the secure perimeter. The hold rooms are well ventilated well lighted, and all activating switches are located outside the room. The hold rooms contain sufficient seating for the number of detainees held. make-shift sleeping apparatus are audible range to allow basis. detainees are given a pat down search for weapons or contraband in the room. Officers closely supervise the detention hold rooms using direct supervision (Irregular visual monitoring.). • Hold rooms are irregularly monitored every 15 minutes. • Unusual behavior or complaints are noted. been removed from the hold room, it is There is a written evacuation plan that includes a designated officer to remove detainees from hold rooms in case of fire and/or building evacuation. An appropriate emergency service is called immediately upon a determination that a medical exist. ~ ACCEPTABLE o DEFICIENT ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 0 0 ~ ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 OAT-RISK The hold rooms are located in the booking section under constant observation. The large hold room used for short term holding is quite comfortable. It is furnished with comfortable couches, reading material, and a television. The jail is a modern facility that has toilets in each hold room. The hold rooms are in close proximity to the booking area which is staffed at all times. The individual hold rooms are also monitored eerv. o REPEAT FINDING REMARKS: The facility's hold rooms are properly secured, equipped and utilized. b6,b7c b6,b7c 11-19-09 ( AUDITOR'S SIGNATURE / DATE • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 48 of 69 KEY AND LOCK CONTROL (SECURITY, ACCOUNTABILITY AND MAINTENANCE) IT IS THE POLICY OF THE ICE SERVICE TO MAINTAIN AN EFFICIENT SYSTEM FOR THE USE, ACCOUNTABILITY AND MAINTENANCE KEYS AND LOCKS. C'. REMARKS IT:S YES No NA The security officer[s], or equivalent in IGSAs, has attended an Lock maintenance and repair is approved locksmith training program. provided by the Carver County D Facilities Department. There is !X1 D a trained locksmith on their staff. The security officer, or equivalent in IGSAs, has responsibly for all The facility's administrative administrative duties and responsibilities relating to keys, locks etc. D D sergeant is responsible for this !X1 component of the standard. The security officer, or equivalent in IGSAs, provides training to D !X1 D employees in key control. The security officer, or equivalent in IGSAs, maintains inventories of D D !X1 all keys, locks and locking devices. ~L The ~t;;vUIlly officer tollows a preventlve malrtena1 ce PIUb 1alll anu maintains all pre'i.;:ntivo;; maintenance documentation. Facility policies and procedures address the issue of compromised .~ and locks. The security officer, or equivalent in IGSAs, develops policy and procedures to ensure safe combinations integrity. • Only dead bolt or dead lock functions are used in detainee accessible areas. Only authorized locks (as specified in the Detention Standard) are used in detainee accessible areas . rand master keying systems are prohibited. All worn or discarded keys and locks are cut up and properly disposed of Padlocks and/or chains are prohibited from use on cell doors. The entrance/exit door locks to detainee living quarters, or areas with an occupant load of 50 or more people, conform to: • Occupational Safety and Environmental Health Manual, Ch. 3', • National Fire Protection Association Life Safety Code 101. The operational keyboard is sufficient to accommodate all the facility _hyrings,_ in~dinK key~in use, and is located in a secure area. Procedures are in place to ensure that key rings are: • Identifiable; • The numbers of keys are cited; and • Keys cannot be removed. .1 !X1 D [J !X1 D D D D !X1 !X1 D D !X1 D D D !X1 D !X1 D D !X1 D D !X1 D D !X1 D D D !X1 D !X1 D D b2High b2High b2High b2High Emergency keys are available for all areas of the facility. • FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) Page 49 of69 r', C~~:~;Facilitie~ staff.'J ,~, b2High Security keys are accounted for and recorded. Individual gun lockers are provided. • They are located in an area that permits constant officer observation. • In an area that does not allow detainee or access. The facility has a key accountability policy and procedures to ensure key accountability. The keys are physically counted daily. proper procedures for the handling of keys. • Issued keys are returned immediately in the event an employee inadvertently carries a key ring home. • When a key or key ring is lost, misplaced, or not accounted for, the shift supervisor is immediately notified. • Detainees are not to handle to staff. ~ ACCEPTABLE o DEFICIENT OAT-RISK o o b2High o o b2High o Key control training is conducted during initial employment training and included in the facility's annual training. o o REPEAT FINDING REMARKS: • e facility's key control procedures generally meet the intent of the Key and Lock Control Standard. The integrity of the system ould be imprO\;,ed with welded or otherwise secured key rings. b6,b7c b6,b7c 11-19-09 { ,AUDITOR' SIGNATURE / DATE • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 50 of69 Activities cease or are strictly controlled while a formal count is conducted. o o o o o o ~ 0 0 Officers positively identify each detainee before counting him/her as ~ 0 0 and emergency counts. • are followed informal counts and The control officer (or other designated position) maintains an out count record of all detainees temporarily leaving the facility. ~ 0 0 ~ ACCEPTABLE • o DEFICIENT Detainees are provided ID wristbands that include a Counts are maintained in the ~ OAT-RISK 0 0 o REPEAT FINDING REMARKS: The informal count conducted at 11:30 AM, 11-17-09, was observed. Prescribed procedures were followed. Counts are conducted at 6:00AM, 9:30AM, 11:30AM, 3:00PM, 4:30PM, 6:00PM and 1O:30PM . b6,b7c b6,b7c • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 51 of69 Each set contains the latest inserts (emergency memoranda, etc.) and revisions. o o One individual or department is responsible for keeping all post-orders current with revisions that take place between reviews. o o The !GSA maintains a complete set (central file) of post orders. The OIC or Contract / IGSA equivalent has signed and dated the last page of every section. ew/ur:ldatilljrJn~is~;uillg o o o o o o o o o o of post orders occurs regularly and at a Procedures keep post orders and logbooks secure from detainees at all times. IHvU-U'V,",' officer qualifies with the post weapon(s) before The post orders were reviewed and revised immediately prior to this review. The Assistant Jail Administrator has responsibility for the post orders review. are maintained on Post orders are maintained on the computer system. There is no physical signature, but the revision date is posted at the bottom of the document. Detainees do not have access to the b2High Armed security is provided by the Carver County Sheriff's Office. a log. The [gI ACCEPTABLE o DEFICIENT OAT-RISK o REPEAT FINDING REMARKS: b6,b7c b6,b7c • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 52 of69 SECURITY INSPECTIONS POLICY: POST ASSIGNMENTS IN THE FACILITY'S HIGH-RISK AREAS, WHERE SPECIAL SECURITY PROCEDURES MUST BE FOLLOWED, WILL RESTRICTED TO EXPERIENCED PERSONNEL WITH A THOROUGH GROUNDING IN FACILITY OPERATIONS. YES _\.AI~J'lEl'I~ facility has a comprehensive security inspection policy. The policy specifies: • Posts to be inspected; • Required inspection forms; • Frequency of inspections; • Guidelines for checking security features; and • Procedures for reporting weak spots, inconsistencies, and other areas needing 11llplUVement Every officer is required to conduct a security check of hislher H~~i<mp.n area. The results are documented. Documentation of security inspections is kept on file. I No NA IZl D D IZl D D IZl D D rIUl,;\;;UUI"''' ensure mat 1t:l,;lUTlllg PIUUIvlll" anu a laHUf\;; 'u La1\.v corrective action are IvPUlL"'U to the appIupllate manH!1er. The front-entrance officer checks the ID of everyone entering or exiting the facility. IZl D U IZl D D All visits are officially recorded in a visitor logbook or electronically recorded. IZl D D IZl D D ~ U U )< Q J = The facility has a secure visitor pass system. ~C~ol C~r offi~ recei,,-es specialized traininQ". The rontrol Center is staffed around the clock. _IV"Ll",'" staff access to the Control Center. lees are 1t:1SUIl,;tt:U from access to the Control Center. Communications are centralized in the Control Center. RF.MARKS Policies 6900 and 6913 address all the elements of this component. The administrative sergeant maintains the files on security in ~np.r.ti on" The review team was adequately processed upon entry into the facility. Visitors are required to display a facility Visitor ID card. J IZl D D b2High IZl D D b2High D IZl D Officers monitor all vehicular traffic entering and leaving the facility. The facility maintains a log of all incoming and departing vehicles to sensitive areas of the facility. Each entry contains: • The driver's name; • Company represented; • Vehicle contents; • Delivery date and time; • Date and time out; • Vehicle license number; and • Name of employee responsihle for the vehicle during the visit Officers thoroughly search each vehicle entering and leaving the facility. IZl D D b2High Vehicle operators are responsible for the search of their own vehicles upon arrival b2High and prior to departure. b2High ~ facility has a written policy and procedures to prevent the ltronllction of contraband into the facility or any of its lent~ IZl D D FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 53 of69 procedures govern searches of detainee housing units and areas. Housing area searches occur at irregular times. D D D D D D D D D D D D System tests are documented by the Master Control Room operator. D D The visitation areas are routinely included on the duty tour. Every search of the SMU and other housing units is documented. Storage and supply rooms, walls, light and plumbing fixtures, accesses, and drains, etc., undergo frequent, irregular searches. These searches are documented. Walls, fences, and exits, including exterior windows, are inspected for defects once each shift. Daily procedures include: • Perimeter alarm system tests; Physical checks of the perimeter fence; and the results. Visitation areas receive frequent, irregular inspections. IXI ACCEPTABLE DDEFICIENT D AT-RISK The SMU for the facility is a separate unit that adjoins the general population living area. The entrance is secure. Each of the four shifts adheres to a published monthly search schedule. The on-duty shift sergeant is responsible for a complete walkthm inspection of the facility. are on exchange form and are documented. Irregular searches are conducted. The duty sergeant documents searches on the shift form. D REPEAT FINDING REMARKs: General security inspections are conducted properly and documented appropriately by the shift sergeants . b6,b7c b6,b7c • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 54 of 69 SPECIAL MANAGEMENT UNIT (SMU) (ADMINISTRATIVE SEGREGATION) I POLICY: THE SPECIAL MANAGEMENT UNIT REQUIRED IN EVERY FACILITY ISOLATES CERTAIN DETAINEES FROM THE GENERAL POPULATION. THE SPECIAL MANAGEMENT UNIT WILL CONSIST OF TWO SECTIONS. ONE, ADMINISTRATIVE SEGREGATION, HOUSES .:;~: ISOLATED FOR THEIR OWN PROTECTION; THE OTHER FOR DETAINEES BEING DISCIPLINED FOR WRONGDOING (SEE THE MANAGEMENT UNIT(DISCIPl.~ARY ATI01'll" STANnARD). RI?MARKS COMPV1'Ir.1'I1 ~ YES No NA .. The Administrative Segregation unit provides non-punItIve protection from the general population and individuals undergoing Policy 6400 addresses this disciplinary segregation. D D component. IZl • Detainees are placed in the SMU (administrative) In accordance with written criteria. In exigent circumstances, staff may place a detainee in the SMU (administrative) before a written order has been approved. IZl D D • A copyofthe orderJ2ven to the detainee within 24 hours. The OIC (or equivalent) regularly reviews the status of detainees in The Jail Administrator and administrative detention. Assistant Administrator conduct D IZl D • A supervisory officer conducts a review within 72 hours of the reviews. the ..I. '~ nl: in the SMTr (administrative) A supervisory officer conducts another review after the detainee has spent seven days in administrative segregation, and: • Every week thereafter for the first month; and D D IZl • Every 30 days after the first month. Does each review include an interview with the detainee? • • Is :c:a written record made of the decision and the ? JU~I The detainee is given a copy of the decision and justification for each review. D D • The detainee is given an opportunity to appeal the reviewer's IZl decision to someone else in thelacility. OIC (or equivalent) routinely notifies the Field Office Director staff officer in charge of IGSAs) any time a detainee's stay in administrative detention exceeds 30 days. D D • Upon notification that the detainee's administrative IZl segregation has exceeded 60 days, the FD forwards written notice to HQ Field Op<>rations Branch Chieffor DRO. The OIC or equivalent) reviews the case of every detainee who objects to administrative segregation after 30 days in the SMU. Reviews of SMU cases are D D conducted by a classification • A written record IS made of the decision and the IZl caseworker. justification. The detainee receives a copy of this record. • The detainee is given the right to appeal to the OIC (or equivalent) the conclusions and recommendations of any review conducted after D D IZl the detainee have remained in administrative segregation for seven consecutive days. Adminii I I I /ely segregated rletainee~ enjoy the same general D IZl D privilege~as rletainee" in the JLeneraJ n()nI11ati()n The SMUis: • Well ventilated; The SMU facilities are well D D designed and maintained. IZl • Adequately lighted; • Appropriately heated; and • Maintained in a sani1fl:ry condition. Beds are built into the masonry All cells are equipped with beds. IZl D D construction of the unit. • Every bed is ~(;Wl\;:ay fastened to the floor or wall. • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 55 of69 SPECIAL MANAGEMENT UNIT (SMU) (ADMINISTRATIVE SEGREGATION) POLICY: THE SPECIAL MANAGEMENT UNIT REQUIRED IN EVERY FACILITY ISOLATES CERTAIN DETAINEES FROM THE GENERAL POPULATION. THE SPECIAL MANAGEMENT UNIT WILL CONSIST OF TWO SECTIONS. ONE, ADMINISTRATIVE SEGREGATION, HOUSES .:;~:; ISOLATED FOR THEIR OWN PROTECTION; THE OTHER FOR DETAINEES BEING DISCIPLINED FOR WRONGDOING (SEE THE . MAN Ar"'''~lT UNITLUISC~ARY~Fr.RFr.A~" ST.ANnJ\RD). COM"UN~NTS The number of detainees in any cell does not exceed the occupancy limit. • When occupancy exceeds recommended capacity, do basic living standards decline? Do criteria for objectively assessing living standards exist? • If ye~ are the criteria included in the written • The segregated detainees have the same opportunities to exchange/launder clothing, bedding, and linen as detainees in the general population. Detainees receive three nutritious meals per day, from the general population's menu of the day. • no detainees eat onlv with rl;~nM"t,le utensils? • Is food ever used as pl.lnis:hment? Each detainee maintains a normal level of personal hygiene in the SMU. • The detainees have the opportunity to shower and shave at least three times a week. If not, exnlain. • The detainees are provided: • Barbering services; • Recreation privileges in accordance with the "Detainee Recreation" standard; Non-legal reading material; • Religious material; • • The same correspondence privileges as detainees in the general population; Telephone access similar to that of the general population; • and • Personal legal materiaL A health care professional visits every detainee at least three times a week. • The shift supervisor visits each detainee daily. • Weekends and holidays. Procedures comply with the "Visitation" standard. • The detainee retains visiting privileges; and • The visiting room is available during normal visiting hours. Visits from clergy are allowed. Detainees have the same law-library access as the general population. • Are they required to use the law library ~ Separately, or DAs a group? Are legal materials brought to them? • The SMU mllintmns a permanent log of detainee-related activity, visitors etc. e.g, meals served, l' YES No NA ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D REMARKS There was only one person housed in the SMU at the time of this review. -<) , ! • Facility policy precludes the use of food as a disciplinary "'U'''UVH. Health care staff visits are documented in the activities log. Detainees in SMU may utilize the law library. I FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 56 of69 SPC procedures include completing the SMU Housing Record (1888) immediately upon a detainee's placement in the SMU. • Staff completes the form at the end of each shift. • CDFs and !GSA facilities use Form 1-888 (or local o Staff record whether the detainee ate, showered, exercised, and took any applicable medication during every shift. • Staff logs record all pertinent information, e.g., a medical condition, suicidal/assaultive behavior, etc; o individual's record during each visit; and The housing officer initials the record when all detainee services are or at the end of the shift. A new record is created for each week the detainee is in Administrative Segregation. • The weekly records are retained in the SMU until the detainee's return to the o o Detainee activities are documented at regular intervals during the "Well Being" checks III • ~ ACCEPTABLE .t o DEFICIENT o OAT-RISK o o REPEAT FINDING REMARKs: the time of this review there was one local inmate housed in the SMU. The policies and supporting documentation comply with the components of the Special Management Unit Standard. b6,b7c J b6,b7c oAUDITOR'S • , 1 -19-09 IGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSlTIVE) Page 57 of 69 SPECIAL MANAGEMENT UNIT (DISCIPLINARY SEGREGATION) POLICY: EACH FACILITY WILL ESTABLISH A SPECIAL MANAGEMENT UNIT IN WHICH TO ISOLATE CERTAIN DETAINEES FROM THE GENERAL POPULATION. THE SPECIAL MANAGEMENT UNIT WILL HAVE TWO SECTIONS, ONE FOR DETAINEES IN ADMINISTRATIVE IFnATTON' THE OTHER FOR DETAINEES BEING SEGREGATED FOR DISCIPLINARY REASONS. RRM"'Dll"~ n NA IT:S YES No Officers placing detainees in disciplinary segregation follow written D D ~ procedures. The sanctions for violations committed during one incident are D D ~ limited to 60 days. A completed Disciplinary Segregation Order accompanies the detainee into the SMU. D D ~ The detainee receives a copy of the order within 24 hours of • 1'\J, Ion in c1isci nlinary ""')0;1 Standard procedures include reviewing the cases of individual detainees housed in disciplinary detention at set intervals. SMU cases are reviewed at 7 D D ~ day intervals. After each formal review, the detainee receives a written copy • of the decision and~uppUlllllg reasons. £:. Thp IPnt in thp SMU are ional to the 11 11 '''' of L....J L.J IL:::.I .j to protect ..1. amount of control and staff. Detainees in disciplinary .""')o;1",)o;aL~ull have fewer privileges than D ~ D ion those housed in administrative "")0;1 Living conditions in disciplinary SMUs remain the same regardless of behavior. D D • If no, does staff prepare written documentation for this ~ action? • Does the ole sign to indicate Ul'pru val. Every detainee in disciplinary segregation receives the same humane D ~ D treatment. rep-a- 'Hess of offense. ~e quarters used for segregation are: • Well-ventilated. • Adequately lighted. D D ~ • Appropriately heated. • Maintained in a sanitary condition. "" i I All cells are equipped with beds that are securely fastened to the floor or wall of the cell. The number of detainees confined to each cell or room is limited to the number for which the space was designate. • Does the ole approve excess occupancy on a temporary basis? When a detainee is segregated without clothing, mattress, blanket, or pillow (in a dry cell setting), a justification is made and the decision is reviewed each shift. Items are returned as soon as it is safe. Detainees in the SMU have the same opportunities to exchange clothinp-. hedclinl!. etc. as other detainees. Detainees in the SMU receive three nutritious meals per day, selected from the Food Service's menu ofthe day. IPnt • Food is not used as • ~ D D ~ D D ~ D D ~ D D ~ D D FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 58 of69 , SPECIAL MANAGEMENT UNIT : tit (DISCIPLINARY SEGREGATION) EACH FACILITY WILL ESTABLISH A SPECIAL MANAGEMENT UNIT IN WHICH TO ISOLATE CERTAIN DETAINEES FROM THE "~,·.~":A.n,,L~ POPULATION. THE SPECIAL MANAGEMENT UNIT WILL HAVE TWO SECTIONS, ONE FOR DETAINEES IN ADMINISTRATIVE ATION; THE OTHER FOR DETAINEES BEING SEGREGATED FOR DISCIPLINARY REASONS. Detainees are allowed to maintain a normal level of personal hygiene, including the opportunity to shower and shave at least three times/week. Detainees receive, unless documented as a threat to security: • Barbering services; • Recreation privileges; • Other-than-Iegal reading material; • Religious material; • The same correspondence privileges as other detainees; and • Personal legal material. When phone access is limited by number or type of calls, the following areas are exempt: • Calls about the detainee's immigration case or other legal matters; • Calls to consular/embassy officials; and • Calls during family emergencies (as determined by the OIC/Warden). A health care professional visits every detainee in disciplinary segregation every week day. • The shift supervisor visits each segregated detainee daily • Weekends and holidays. ~ detainees are allowed visitors, in accordance with the ~~t<lti(m' _stand~. SMU detainees receive legal visits, as provided in the "Visitation" standard. • Legal service providers are notified of security concerns arising before a visit. Visits from clergy are allowed. • The clergy member is given the option of visiting/not visiting the segregated detainee. • Violent/uncooperative detainees are denied access to religious services when safety and security would otherwise be affected. SMU detainees have law library access. • Violent/uncooperative detainees retain access to the law library unless adjudicated a security threat in writing. • Legal material brought to individuals in the SMU on a caseby-case basis. • Staff documents every incident of denied access to the law library. All detainee-related activities are documented, e.g. meals served, recreation activities, visitors, etc. The SPC's, the Special Management Housing Unit Record (I-8880r equivalent), is prepared as soon as the detainee is placed in the SMU. • All I-888s are filled out by the end of each shift. • The CDF/IGSA facility use Form. • 1-888 (o~ui~t local form). ~ 0 0 o o o o ~ 0 0 ~ 0 0 ~ 0 0 o o o o o o o o Detainees in disciplinary SMU are allowed an hour of out-ofcell time per day. That time may be spent in the library to retrieve material and then they are returned to the SMU dayroom area. They are not allowed access to the gymnasium and telephone access is only for legal calls. Medical visits are conducted daily and documented in the unit activity log. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 59 of69 SMU staff record whether the detainee ate, showered, exercised, took medication, etc. • Details about the detainee logged, e.g., a medical condition, suicidal/violent behavior, etc. • The health care official sign individual records after each visit. • The housing officer initials the record when all detainee services are completed or at the end of the shift. • A new record is created weekly for each detainee in the SMU. • The SMU retains these records until the detainee leaves the SMU. o o This documentation is maintained in the automated information system. o REPEAT FINDING REMARKS: At the time of this review there was one local inmate housed in disciplinary segregation. A review of the documell:tation and staff interviews indicate c pliance with the components of the Special Management Unit Standard. b6,b7c b6,b7c • 11-19-09 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 60 of 69 TOOL CONTROL POLICY: IT IS THE POLICY OF ALL FACILITIES THAT ALL EMPLOYEES SHALL BE RESPONSIBLE FOR COMPLYING WITH THE TOOL CONTROL . THE MAINTENANCE SUPERVISOR SHALL MAINTAIN A COMPUfER GENERATED OR TYPEWRITTEN MASTER INVENTORY LIST OF AND EQUIPMENT AND THE LOCATION IN WHICH TOOLS ARE STORED. THESE INVENTORIES SHALL BE CURRENT, FILED AND -READILY AVAILABLE FOR TOOL INVENTORY AND ACCOUNTABILITY DURING AN AUDIT. 0 RFMARKS IT~ NA YES No There is an individual who is responsible for developing a tool control Maintenance of the facility is a responsibility of the Carver procedure and an inspection system to insure accountability. County Facilities Department. D D There are no general ~ maintenance tools maintained on the premises. Department heads are responsible for implementing this standard in This component is covered in D D p~icy6906. ~ their departments. Tool inventories are required for the: Inventories are maintained in • Maintenance Department; food service and the medical • Medial Department; ,.--, ,.--, .L """ I;ClOUV11, ~ VVI 111 ',,,,.uv•• "''' LJ LJ ILJ • Food Service Department; responsibility of the Carver • Electronics Shop; County Facilities Department. • Recreation Department; and Annory. • The facility has a policy for the regular inventory of all tools. The policy sets minimum time lines for physical inventory D D ~ and all necessary documentation. • ICE facilities use AMIS bar code labels when '''''fUll'''''. The facility has a tool classification system. Tools are classified according to: Tools are not maintained in the D D ~ facility. • Restricted (dangerouslhazardous); and Non-Restricted (non ldvus). • heads are responsible for implementing tool-control (U'" LU'" • rI, The facility has poli~jes and procedures in place to ensure that all tools are marked and readily identifiable. The facility has an approved tool storage system. The system ensures that all stored tools are accountable . • Commonly used tools (tools that can be mounted) are stored in such a way that missing tool is readily notice. ~ D D D D ~ ~ D D • N tools are maintained in the facility. Necessary inventory and accounting procedures are utilized in food service for serving utensils and in the medical section for medical .1, Each facility has procedures for the issuance of tools to staff and detainees. The facility has policies and procedures to address the issue of lost tools. The policy and procedures include: • Verbal and written notification; • Procedures for detainee access; and • Necessary documentation/review for all incidents of lost tools. Broken or worn out tools are surveyed and disposed of in an i:1fJfJlVfJlic:lLC and secure manner. All private or contract repairs and maintenance workers under contract to ICE, or other visitors, submit an inventory of all tools prior to admittance into or dtfJi:1lLUIC from the facility. ~ ACCEPT ABLE D DEFICIENT D ~ D D ~ D D ~ D D ~ AT-RISK D D Contractors and maintenance workers are provided staff escort while in the facility. D REPEAT FINDING FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 61 of69 REMARKS: Maintenance tools are not stored inside the facility. Maintenance and repair service is provided by the Carver County Facilities Department. In areas where tools, implements, and equipment are utilized, notably food service and the medical section, effective .ventory and accountability measures are in place. b6,b7c j b6,b7c 11-19-09 oAUDITOR'S S GNATURE / DATE • • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSrnVE) Page 62 of69 TRANSPORTATION (LAND TRANSPORTATION) POLICY: THE IMMIGRATION AND NATURALIZATION SERVICE WILL TAKE ALL NECESSARY PRECAUfIONS TO PROTECT THE LIVES, SAFETY, AND WELFARE OF OUR OFFICERS, THE GENERAL PUBLIC, AND THOSE IN ICE CUSTODY DURING THE TRANSPORTATION OF • ", ..no" STANDARDS HAVE BEEN ESTABLISHED FOR PROFESSIONAL TRANSPORTATION UNDER THE SUPERVISION OF EXPERIENCED TRAINED DETENTION ENFORCEMENT OFFICERS OR AUfHORIZED CONTRACT PERSONNEL. ~ STANDARD NA: CHECK THIS BOX IF ALL ICE TRANSPORTATION IS HANDLED ONLY BY THE ICE FIELD OFFICE OR SUB-OFFICE IN CONTROL OF THE DETAINEE CASE. RF.MARKS NA YES COM~~~"'~I~_ ~O Transporting officers comply with applicable local, state, and federal motor vehicle laws and regulations. Records support this finding of 0 0 0 ~ compliance. Every transporting officer required to drive a commercial size bus has a valid Commercial Driver's License (CDL) issued by the state of 0 0 0 empllJYlllclll. [] Sup"" vIsors mHintHin. records for each vehicle ()nPTlltor 1] bI Officers use a checklist during every vehicle inspection. • Officers~ort deficiencies affecting oneml 'lnv: and n • Deficiencies are corrected before the vehicle goes back into service. Transporting officers: • Limit driving time to 10 hours in any 15 hour period; • Drive only after eight consecutive off-duty hours; • Do not receive transportation assignments after having been on duty, in any capacity, for 15 hours; 0 • Drive a 50-hour maximum in a given work week; a 70-hour 0 maximum during eight consecutive days; • During emergency conditions (including bad weather), officers may drive as long as necessary and safe to reach a safe HTPH --lil1!! the 10-hour limit. officers with valid CDLs required in any bus transporting detainees. 0 0 • When buses travel in tandem with detainees, there are two 0 qualified officers per vehicle. lpanied driver may transport an empty vehicle. • An Before the start of each detail, the vehicle IS thoroughly searched. LJ lJ lJ Posi!ive !<lenl:+: ltion of all detainees being transported is confinnerl LJ LJ U All detainees searched immediately prior to boarding the vehicle 0 0 0 by staff pontml1ina the bus or vehicle. The facility ensures that the number of detainees transported does not 0 0 0 exceed the vehicles manufacturer's 'Y level. vests are provided to all transporting officers. L] LJ lJ The vehicle crew conducts a visual count once all passengers are on board and seated. 0 0 • Additional visual counts are made whenever the vehicle 0 makes a scheduled or unscheduled stop. Policies and procedures are in place addressing the use of restraining 0 0 0 equinment on trHl1sportation vehicles. Officers ensure that no one contacts the detainees. 0 0 • One officer remains in the vehicle at all times when detainees 0 are present. Meals are provided during long distance transfers. The meals meet the minimum dietary standards, as identified 0 0 0 ~~ dieticians utilized by ICE . n n 0 ~ ~, • • FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) Page 63 of69 I The vehicle crew inspects all Food Service pickups before accepting delivery (food wrapping, portions, quality, quantity, thermos-transport containers, etc.). • Before accepting the meals, the vehicle crew raises and resolves questions, concerns, or discrepancies with the Food Service representative; • Basins, latrines, and drinking-water containers/dispensers are cleaned and sanitized on a fixed schedule. Vehicles have: • Two-way radios; • Cellular telephones; and • Equipment boxes stocked in accordance with the Use of Force Standard. o o o o o o o o o o o o following contingencies are included in the written procedures for • • • • • • • • • • • Escape Hostage-taking Detainee sickness Detainee death Vehicle fire Riot Traffic accident Mechanical problems Natural disasters Severe weather list includes women or minors o ACCEPTABLE o DEFICIENT OAT-RISK o REPEAT FINDING REMARKS: b6,b7c b6,b7c • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 64 of 69 USE OF FORCE POLICY: THE U.S. DEPARTMENT OF HOMELAND SECURITY AUfHORIZES THE USE OF FORCE ONLY AS A LAST ALTERNATIVE AFTER ALL REASONABLE EFFORTS TO RESOLVE A SITUATION HAVE FAILED. ONLY THAT AMOUNT OF FORCE NECESSARY TO GAIN CONTROL THE DETAINEE, TO PROTECT AND ENSURE THE SAFETY OF DETAINEES, STAFF AND OTHERS, TO PREVENT SERIOUS PROPERTY DAMAGE AND TO ENSURE INSTITUfION SECURITY AND GOOD ORDER MAY BE USED. PHYSICAL RESTRAINTS NECESSARY TO GAIN CONTROL OF A DETAINEE WHO APPEARS TO BE DANGEROUS MAY BE EMPLOYED WHEN THE DETAINEE: Written policy authorizes staff to of-force situation without a or direction. When the detainee is in an area that is or can be isolated (e.g., a locked cell, a range), posing no direct threat to the detainee or others, officers must try to resolve the situation without to force. Written policy asserts that calculated rather than immediate use of force is feasible in most cases. D D Policy 6806 defines the criteria for immediate use-of-force. D D Staff training and practice meet the requirements of this component. D D D D D D This component is addressed in the initial certification training of new employees and annual D D Facility policies are very specific on how physical force may be used. when D D to D D The facility subscribes to the prescribed Confrontation Avoidance Procedures. and others confer before every calculated use of force. When a detainee must be forcibly moved and/or restrained, and there is time for a calculated use of force, staff uses the Use-ofForce Team Technique. • Under staff Staff members are trained in the performance of the Use-ofForce Team Technique. • • • • Do not use force as punishment; Attempt to gain the detainee's voluntary cooperation before resorting to force; Use only as much force as necessary to control the detainee; and Use restraints only nonverbal Standard procedures associated with using four-point restraints include: • Soft restraints (e.g., vinyl); • Dressing the detainee appropriately for the temperature; • A bed, mattress, and blanket/sheet; • Checking the detainee at least every 15 minutes; • Logging each check; • Turning the bed-restrained detainee often enough to prevent soreness or stiffness; • Medical evaluation of the restrained detainee twice per eight-hour shift; and When qualified medical staff is not immediately staff the detainee D D Four-point restraints are not used in this facility. When it is necessary to immobilize a detainee in a controlled situation, a restraint chair is utilized. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 65 of69 The shift supervisor monitors the detainee's position/condition every two hours. • He/she allows the detainee to use the rest room at these times under All detainee checks are logged. D D In immediate-use-of-force situations, staff contacts medical staff once the detainee is under control. When the ole authorizes use of non-lethal weapons: • Medical staff is consulted before staff use pepper Medical staff reviews the detainee's medical file before use of a non-lethal is authorized. Special precautions are taken when restraining pregnant detainees. are consulted • Medical Protective gear is worn when restraining detainees with open cuts or wounds. documents every use of force and/or non-routine of restraints. to review any use of force and the nonof restraints. officers receive training in self-defense, confrontationVUIU,Ul\,;\;; techniques and the use of force to control detainees. Specialized training is given and Officers are certified in all devices In other facilities is this form or its used? D D D D D D D D D D D D D D D D Well being checks are entered in the unit • ~ ACCEPTABLE DDEFICIENT D AT-RISK Protective equipment is maintained and available. Training for the use of electronic control equipment is provided for all personnel authorized to carry taser type devices. D REPEAT FINDING REMARKS: Use of Force reports are properly completed and reviewed, but they are not maintained in a permanent file. Following the administrative review, reports are only filed in individual detainee records . b6,b7c b6,b7c • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 66 of 69 Visiting staff observe and note current climate and conditions of confinement at each IGSA. ICE information request Forms are available at the IGSA for use by ICE detainees. The IGSA treats detainee correspondence to ICE staff as Special ~ 0 ~ 0 0 ~ 0 0 ~ 0 0 o o o REPEAT FINDING ICE detainees are notified in writing upon admission to the facility of their right to correspond with ICE staff regarding their case or conditions of confinement. ~ ACCEPTABLE o DEFICIENT OAT-RISK REMARKs: The LCI interviewed the ICE Deportation Officer and the Supervisory Deportation Officer and the requirements of this standard are et. • b6,b7c J • 11-18-09 b6,b7c D AUDITOR'S IGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 67 of 69 DETAINEE TRANSFER STANDARD POLICY: ICE WILL MAKE ALL NECESSARY NOTIFICATIONS WHEN A DETAINEE IS TRANSFERRED. IF A DETAINEE IS BEING TRANSFERRED THE JUSTICE PRISONER ALIEN TRANSPORTATION SYSTEM (JPATS), ICE WILL ADHERE TO JPATS PROTOCOLS. IN DECIDING IlllilllliK TO TRANSFER A DETAINEE, ICE WILL TAKE INTO CONSIDERATION WHETHER THE DETAINEE IS REPRESENTED BEFORE THE IMMIGRATION COURT. IN SUCH CASES, THE FIELD OFFICE DIRECTOR WILL CONSIDER THE DETAINEE'S STAGE WITHIN THE REMOVAL PROCESS, WHETHER THE DETAINEE'S ATTORNEY IS LOCATED WITHIN REASONABLE DRIVING DISTANCE OF THE FACILITY, AND WHERE THE IMMIGRATION COURT PROCEEDINGS ARE TAKING PLACE. RFMARK" No NA YES COMlrvl'lJ!.l'Il" When a detainee is represented by legal counsel or a legal representative, and a G-28 has been filed, the representative of record is notified by the detainee's Deportation Officer. ~ 0 0 • The notification is recorded in the detainee's file; and • When the A File is not available, notification is noted within DACS :-1':, "II.: ion includes the reason for the transfer and the location of the 0 0 ~ new facility. The U"'PUl LaUUH officer is allowea discretion regarding the timing of LL ~.v , :.j:!. .~t;""<T ~;r~,,~,~t~,... 'O~ ~ro ;,...",,1, .r! The and detainee are notified that it is their responsibility to J!<ltify family members~c:uu~ a transfer. Facility policy mandates that: • Times and transfer plans are never discussed with the detainee prior to transfer; • The detainee is not notified of the transfer until immediately prior to departing the facility; and • The detainee is not permitted to make any phone calls or have contact with any detainee in the general nonnlation The detainee is provided with a completed Detainee Transfer rotification Form. G-391 or equivalent authorizing the removal of a detainee from a facility is used. For medical transfers: • The Detainee Immigration Health Service (or IGSA) (DIHS) Medical Director or designee approves the transfer; • Medical transfers are coordinated through the local ICE office; and A medical transfer summary is completed and accompanies • the detainee. Detainees in ICE facilities having DIHS staff and medical care are transferred with a completed transfer summary sheet in a sealed envelope with the detainee's name and A-number, and the envelope is marked Medical Confidential. For medical transfers, transporting officers receive instructions regard~g medical issues. Detainee's funds, valuables, and property are returned and transferred with the detainee to hislher new location. Transfer and documentary procedures outlined in Section C and Dare followed. Meals are provided when transfers occur during normally schedule meal times. An A File or work folder accompanies the detainee when transferred to a different field office or sub-office. Files are forwarded to the receiving office via overnight mail no later than one business day following the transfer. ~ 0 D ~ 0 D ~ D D ~ D D ~ 0 D ~ 0 D ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D ~ D D FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 68 of69 I REMARKS: b6,b7c b6,b7c 11-18-09 • • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Page 69 of69 Office ofDetention and Removal Operations u.s. Department of Homeland Security 500 12th Street, SW Washington, DC 20536 u.s. Immigration and Customs Enforcement MEMORANDUM FOR: FROM: SUBJECT: Scott R. Baniecke Field Office Director St. Paul Minnesota Field Office 11 _ _ 1\ t..----Robert P. Helwig ,~ Assistant Director for Detentio CEC 1 1 2009 Carver County Jail Annual Review The annual review of the Carver County Jail conducted on November 17-19,2009, in Chaska, Minnesota has been received. A final rating of Acceptable has been assigned. The G-324A worksheets provided by the Lead Compliance Inspector (LCI) indicated the facility was deficient with the Detainee Grievance Procedures and Environmental Health and Safety standards. A Plan of Action is required to address these deficiencies and the deficiencies identified in Access to Medical Care. The rating was based on the LCI Summary Memorandum and supporting documentation. The Field Office Director must remedy the above deficiencies and initiate the following actions in accordance with the Detention Management Control Program (DMCP): 1) The Field Office Director, Detention and Removal Operations, shall notify the facility within five business days of receipt of this memorandum. Notification shall include copies of the Form G-324A Detention Facility Review Form, the G-324A Worksheet, LCI Summary Memorandum, and a copy of this memorandum. 2) The Field Office Director is responsible for ensuring that the facility responds to all findings and a Plan of Action is submitted to the Review Authority (RA) within 30 days. 3) The RA will advise the Field Office Director once the Plan of Action is approved. 4) Once a Plan of Action is approved, the Field Office Director shall schedule a follow-up on the above noted deficiencies within 90 days. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) www.ice.gov Carver County Jail Annual Review Page 2 of2 The Field Office is responsible for assisting the Intergovernmental Service Agreement (IGSA) facility to respond to the Immigration and Customs Enforcement findings when assistance is requested. Notification to the facility shall include information that this assistance is available. Should you or your staff have any questions regarding this matter, please contact Gary Mead, Deputy Assistant Director, Detention Management Division at (202) 732cc: Official File ICE:HQDRO:EAcuna:2-616912/08/2009 b2High FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) www.ice.gov b6