ICE Detention Standards Compliance Audit - El Centro Service Processing Center, El Centro, CA, ICE, 2008
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Office of Detention and Removal Operations U.S. Department of Homeland Security 500 12 Street, SW Washington, DC 20536 ` MEMORANDUM FOR: Robin F. Baker Field Office Director San Diego Field Office FROM: James T. Hayes, Jr. Director SUBJECT: El Centro Service Processing Center Annual Review The annual review of the El Centro Service Processing Center conducted on June 17-19, 2008, in El Centro, California, has been received. The Review Authority (RA) has downgraded the rating to an Acceptable. The CC-324A worksheets provided by the Reviewer-in-Charge (RIC) indicated the facility was non-compliant with the Environmental Health and Safety, Key and Lock Control, and Food Service standards. A Plan of Action is required to address these deficiencies. The rating was based on the RIC Summary Memorandum and supporting documentation. The Field Office Director must remedy the deficient standards, 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 CC-324A, Detention Facility Review Form, the CC-324A Worksheet, RIC 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 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 Subject: El Centro Special Processing Center Annual Review Page 2 The Field Office is responsible for assisting the Intergovernmental Service Agreement (IGSA) facility to respond to the U.S. Immigration and Customs Enforcement findings when assistance is requested. Notification to the facility shall include information that this assistance is available. Should your staff have any questions regarding this matter, please contact Deputy Assistant Director, Detention Management Division at (202) 732cc: b2 high, (b)(6), (b)(7)c b6, b7c b2 high MANAGEMENT REVIEW REVIEW AUTHORITY THE SIGNATURE BELOW CONSTITUTES REVIEW AND ACCEPTANCE OF THIS REPORT BY THE REVIEW AUTHORITY. FOD/OIC/CEO WILL HAVE THIRTY (30) CALENDAR DAYS FROM RECEIPT OF THIS REPORT TO RESPOND TO ALL FINDINGS AND RECOMMENDATIONS. HQDRO MANAGEMENT REVIEW: (Print Name) Signature James T. Hayes, Jr. Title Date Director FINAL RATING: SUPERIOR GOOD ACCEPTABLE DEFICIENT AT-RISK COMMENTS: The Review Authority has downgraded the recommended rating of “Good” to an “Acceptable”. A Plan of Action is required to address the deficiencies in the Food Service , Environmental Health and Safety, and Key and Lock Control standards. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) 6415 Calder, Suite B Beaumont, Texas 77706 409.866.9920 www.correctionalexperts.com Making a Difference! June 24, 2008 MEMORANDUM FOR: FROM: James T. Hayes, Jr. Acting Director Office of Detention and Removal Operations b6, b7c Reviewer-In-Charge/SME Security SUBJECT: El Centro Service Processing Center Annual Detention Review Creative Corrections conducted the Annual Detention Review (ADR) of the El Centro Service Processing Center (ECSPC) located in El Centro, California, on June 17-19, 2008. As noted on b6, b7c the attached documents, my team of Subject Matter Experts included: b6, b7c b6, b7c Administration; , Health Services; Safety and Environmental b6, b7c Health; and d Services. A closeout meeting was held on June 19, 2008, during which all concerns and recommendations b6, b7c b6, b7c were discussed with Assistant Field Office Director, , , Assistant Officer in Charge, and key facility staff. Type of Review: This review is a scheduled Detention Standard Review to determine compliance with ICE National Detention Standards for facilities used over 72 hours. Review Summary: The El Centro Service Processing Center is accredited by American Correctional Association (ACA), National Commission on Correctional Health Care (NCCHC), and the Joint Commission on Accreditation of Healthcare Organizations (JCAHO). Standards Compliance: The following statistical information provides a direct comparison of the June 2007 ADR and the ADR conducted in June 2008. June 2007, Review Compliant 38 Deficient 0 At Risk 0 Non-Applicable 0 June, 2008 Review Compliant 38 Deficient 0 At Risk 0 Non-Applicable 0 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 1/6 RIC Issues and Concerns Administration The overall rating evidenced in the working papers of the ECSPC indicates compliance with all 38 National Detention Standards (NDS). Although there were no deficiencies noted, considerable attention must continue to be afforded to security and life safety concerns discussed below. It is clear that management has identified security and life safety weaknesses, requested funding for enhancements, and ultimately has received authority for corrective actions. To this end, there are currently multiple, in-progress contactor projects under the supervision of the Facility Manager. Consideration should be given to providing additional subject matter expert(s) to assist with the management of these projects. It is imperative these projects continue to receive the highest priority from management in order that a safe and secure environment for staff, detainees, and the public are maintained. Life Safety The fire safety program provides staff and detainees a sufficient level of safety. The fire safety systems throughout the facility, including fire alarms, sprinkler systems, kitchen hood fire suppression systems, emergency generators and emergency lighting/exit lights, are not inspected and tested monthly, quarterly, or annually as required by the National Fire Protection Association (NFPA) standards, NFPA 72, NFPA 25 and NFPA 17A, NFPA 110, and NFPA 70. There is a contract with Candelaria Corporation (effective 09/19/07) to conduct testing, inspecting, and maintenance of these systems. On-site inspection and review of documentation failed to verify Candelaria is fulfilling contracted services as required by the statement of work. Candelaria was notified of this problem and is scheduled to begin service on Monday, June 23, 2008. Management should provide direct supervision of the contractor to ensure compliance. Locking mechanisms used in internal security gates, housing units, and processing unit are not detention grade hardware as required by NFPA 101, A.23.1.2.2.1. A security enhancement project is currently underway to replace all unauthorized locks. Review of documentation for fire drills indicated that quarterly drills in the housing units were not taking place across all shifts. Corrective action was taken and drills are now being conducted as required. Continued monitoring of the fire drill exercises is essential to ensure staff and detainees are aware of their responsibilities in emergencies. Management should consider dedicating a position to supervise life safety/environmental health program compliance. Dedicated assistance with the management of this program would enhance safety and security for staff and detainees. Keys FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2/6 b2 high b2 high The daily accounting of all keys recently came into compliance with NDS. As a new procedure, ICE supervisory staff should continue to monitor the program carefully until AKAL staff is more familiar with the requirement. b2 high Locks b2 high Vehicle Entrance b2 high The review team recommended adding an additional officer position to the vehicle entrance during the review for added security during construction. Management agreed with this recommendation and immediately assigned an officer. Because this entrance is very long, (spanning the length of the facility) it is further recommended this added security post be made permanent with post orders developed to identify position responsibilities. The entrance project also includes installation of surveillance cameras and monitors. This additional technology will help maintain appropriate supervision and security combined with increased staffing. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 3/6 The vehicle entrance project must be closely managed to expedite its completion. The facility is at higher risk during this project. Vigilance by all concerned cannot be overstated. Fencing b2 high b2 high Administration Building Security b2 high CCTV Control Center b2 high Medical Vacancies There are 30 PHS medical staff positions authorized for ECSPC. Currently, there are six vacancies. Health care accessibility has not been adversely affected by these vacancies however; the positions are necessary and should be encumbered as soon as possible. Title 18 Notification It is recommended that Title 18 information be posted conspicuously at all facility entrances notifying all persons entering, that alcohol, firearms, ammunition, explosive devices, and guns are prohibited. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 4/6 Lexis Nexis Lexis Nexis is provided in English for detainee use. It is recommended that ICE consider making available the Spanish version of Lexis Nexis given the ethnic demographics of the detainee population. Area of Strength The frequency of daily, weekly, and unannounced rounds to all housing units by Deportation Officers, Supervisory Deportation Officers, Assistant OIC, and AFOD/OIC is noteworthy as commendable. The spontaneity of rounds and subsequent documentation evidencing action taken is without doubt among the best we have evaluated. The NDS Compliance Team documentation and preparation is also significant. All documentation and evidence required for the compliance review was made available to the review team. Local policy and procedures have been well developed establishing a solid foundation toward standards compliance. The extensive documentation and policy development ranks well above others we have evaluated. Recommended Rating and Justification It is the Reviewer-in-Charge recommendation that the facility receive a rating of “Good.” It is also recommended by the RIC that a Plan of Action be required for this facility to identify and implement necessary corrective actions for the RIC Issues and Concerns. RIC Assurance Statement All findings of this review have been documented on the Detention Review Worksheet attached and are supported by the written documentation contained in the review file. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 5/6 6415 Calder, Suite B Beaumont, Texas 77706 409.866.9920 www.correctionalexperts.com Making a Difference! June 24, 2008 MEMORANDUM FOR: FROM: James T. Hayes, Jr. Acting Director Office of Detention and Removal Operations b6, b7c Reviewer-In-Charge/SME Security SUBJECT: El Centro Service Processing Center Annual Detention Review Creative Corrections conducted the Annual Detention Review (ADR) of the El Centro Service Processing Center (ECSPC) located in El Centro, California, on June 17-19, 2008. As noted on b6, b7c the attached documents, my team of Subject Matter Experts included: , b6, b7c Administration; , Health Services; , Safety and Environmental b6, b7c b6, b7c Health; and Services. A closeout meeting was held on June 19, 2008, during which all concerns and recommendations b6, b7c b6, b7c were discussed with Assistant Field Office Director, , Assistant Officer in Charge, and key facility staff. Type of Review: This review is a scheduled Detention Standard Review to determine compliance with ICE National Detention Standards for facilities used over 72 hours. Review Summary: The El Centro Service Processing Center is accredited by American Correctional Association (ACA), National Commission on Correctional Health Care (NCCHC), and the Joint Commission on Accreditation of Healthcare Organizations (JCAHO). Standards Compliance: The following statistical information provides a direct comparison of the June 2007 ADR and the ADR conducted in June 2008. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) June 2007 Review Compliant 38 Deficient 0 At Risk 0 Non-Applicable 0 June, 2008 Review Compliant 38 Deficient 0 At Risk 0 Non-Applicable 0 Area of Strength The frequency of daily, weekly, and unannounced rounds to all housing units by Deportation Officers, Supervisory Deportation Officers, Assistant OIC, and AFOD/OIC is noteworthy as commendable. The spontaneity of rounds and subsequent documentation evidencing action taken is without doubt among the best we have evaluated. The NDS compliance team documentation and preparation is also significant. All documentation and evidence required for the compliance review was made available to the review team. Local policy and procedures have been well developed, establishing a solid foundation toward standards compliance. The extensive documentation and policy development ranks well above others we have evaluated. Recommended Rating and Justification It is the Reviewer-in-Charge (RIC) recommendation that the facility receive a rating of “Good.” RIC Assurance Statement All findings of this review have been documented on the Detention Review Worksheet attached and are supported by the written documentation contained in the review file. 2 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) DETENTION FACILITY INSPECTION FORM FACILITIES USED LONGER THAN 72 HOURS A. Type of Facility Reviewed ICE Service Processing Center ICE Contract Detention Facility ICE Intergovernmental Service Agreement G. Accreditation Certificates List all State or National Accreditation[s] received: ACA, NCCHC, JCAHO Check box if facility has no accreditation[s] B. Current Inspection Type of Inspection Field Office HQ Inspection Date[s] of Facility Review June 17-19, 2008 H. Problems / Complaints (Copies must be attached) The Facility is under Court Order or Class Action Finding Court Order Class Action Order The Facility has Significant Litigation Pending Major Litigation Life/Safety Issues Check if None. C. Previous/Most Recent Facility Review Date[s] of Last Facility Review June 19-21, 2007 Previous Rating Superior Good Acceptable Deficient At-Risk D. Name and Location of Facility Name El Centro Service Processing Center Address (Street and Name) 1115 North Imperial Avenue City, State and Zip Code El Centro, California County Imperial Name and Title of Chief Executive Officer (Warden/OIC/Superintendent) b6, b7c Telephone # (Include Area Code) (760) 336- b6, b7c Field Office / Sub-Office (List Office with oversight responsibilities) San Diego, California Distance from Field Office 120 miles I. Facility History Date Built 1975 Date Last Remodeled or Upgraded Presently under Construction Date New Construction / Bed space Added None Future Construction Planned Yes No Date: Commenced June 2007 to Present Current Bed Space 544 Future Bed Space (# New Beds only) Number: N/A Date: N/A J. Total Facility Population Total Facility Intake for previous 12 months 5,409 Total ICE Mandays for Previous 12 months 168,492 K. Classification Level (ICE SPCs and CDFs Only) L-1 L-2 Adult Male 273 137 Adult Female N/A N/A L-3 65 N/A E. Creative Corrections Review Team b6, b7c RIC/SME Security b6, b7c SME Administration b6, b7c b6, b7c b6, b7c L. SME Safety and Environmental Health Facility Capacity Rated Operational Emergency Adult Male 544 480 562 Adult Female N/A N/A N/A Facility holds Juveniles Offenders 16 and older as Adults SME Food Service , SME Health Services F. CDF/IGSA Information Only Contract Number Date of Contract or IGSA N/A N/A Basic Rates per Man-Day N/A Other Charges: (If None, Indicate N/A) N/A Estimated Man-days per Year N/A M. Average Daily Population ICE Adult Male 462 Adult Female N/A USMS Other 0 N/A 0 N/A N. Facility Staffing Level Security: b2 high b2 high AKAL SECURITY CONTRACT # 8CL-2-C-0003 $59,499,905.52 AHTNA CONTRACT # HSCEOP-07-C-00016 $58, 845.32 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) SIGNIFICANT INCIDENT SUMMARY WORKSHEET In order for Creative Corrections to complete its review of your facility, you must complete the following worksheet prior to your scheduled review dates. This worksheet must contain data for the past twelve months. We will use this worksheet in conjunction with the ICE Detention Standards to assess your detention operations with regard to the needs of ICE and its detainee population. Failure to complete this worksheet will result in a delay in processing this report, and may result in a reduction or removal of ICE detainees from your facility. DESCRIPTION Jan – Mar Apr – Jun Jul – Sep Oct – Dec Types (Sexual 1 , Physical, etc.) P P P P 0 0 0 0 1 3 1 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 43 37 13 11 19 13 5 6 0 0 0 0 0 0 0 0 17 15 17 5 1 0 0 0 INCIDENTS Assaults With Weapon Without Weapon Assault: Detainee on Staff Types (Sexual Physical, etc.) With Weapon Without Weapon Number of Forced Moves, incl. Forced Cell Moves 2 Disturbances 3 Number of Times Chemical Agents Used Number of Times Special Reaction Team Deployed/Used # Times Four/Five Point Restraints Applied/Used 0 Number/Reason (M=Medical, V=Violent Behavior, O=Other) Type (C=Chair, B=Bed, BB=Board, O=Other) Offender / Detainee Medical Referrals as a Result of Injuries Sustained. Escapes Attempted Actual Grievances # Received # Resolved in Favor of Offender/Detainee Reason (V=Violent, I=Illness, S=Suicide, A=Attempted Suicide, O=Other) Deaths Psychiatric / Medical Referrals 1 2 3 Number # Medical Cases Referred for Outside Care # Psychiatric Cases Referred for Outside Care Oral, anal or vaginal penetration or attempted penetration involving at least 2 parties, whether it is consenting or non-consenting Routine transportation of detainees/offenders is not considered “forced” Any incident that involves four or more detainees/offenders, includes gang fights, organized multiple hunger strikes, work stoppages, hostage situations, major fires, or other large scale incidents FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 2 of 4 DHS/ICE DETENTION STANDARDS REVIEW SUMMARY REPORT 1. ACCEPTABLE 2. DEFICIENT 3. AT-RISK 4. REPEAT FINDING 5. NOT APPLICABLE LEGAL ACCESS STANDARDS 1. 2. 3. 4. 1. 2. 3. 4. 5. Access to Legal Materials Group Presentations on Legal Rights Visitation Telephone Access DETAINEE SERVICES 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Admission and Release Classification System Correspondence and Other Mail Detainee Handbook Food Service Funds and Personal Property Detainee Grievance Procedures Issuance and Exchange of Clothing, Bedding, and Towels Marriage Requests Non-Medical Emergency Escorted Trip Recreation Religious Practices Voluntary Work Program HEALTH SERVICES 18. 19. 20. 21. Hunger Strikes Medical Care Suicide Prevention and Intervention Terminal Illness, Advanced Directives and Death SECURITY AND CONTROL 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. Contraband Detention Files Disciplinary Policy Emergency Plans Environmental Health and Safety Hold Rooms in Detention Facilities Key and Lock Control Population Counts Post Orders Security Inspections Special Management Units (Administrative Detention) Special Management Units (Disciplinary Segregation) Tool Control Transportation (Land management) Use of Force Staff / Detainee Communication (Added August 2003) Detainee Transfer (Added September 2004) ALL FINDINGS OF DEFICIENT AND AT-RISK REQUIRE WRITTEN COMMENT DESCRIBING THE FINDING AND WHAT IS NECESSARY TO REACH COMPLIANCE. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 3 of 4 RIC REVIEW ASSURANCE STATEMENT BY SIGNING BELOW, THE REVIEWER-IN-CHARGE (RIC) CERTIFIES THAT: 1. 2. ALL FINDINGS OF NON-COMPLIANCE WITH POLICY OR INADEQUATE CONTROLS, AND FINDINGS OF NOTEWORTHY ACCOMPLISHMENTS, CONTAINED IN THIS INSPECTION REPORT, ARE SUPPORTED BY EVIDENCE THAT IS SUFFICIENT AND RELIABLE; AND WITHIN THE SCOPE OF THIS REVIEW, THE FACILITY IS OPERATING IN ACCORDANCE WITH APPLICABLE LAW AND POLICY, AND PROPERTY AND RESOURCES ARE BEING EFFICIENTLY UTILIZED AND ADEQUATELY SAFEGUARDED, EXCEPT FOR ANY DEFICIENCIES NOTED IN THE REPORT. REVIEWER-IN-CHARGE Reviewer-In-Charge: (Print Name) Signature b6, b7c Title & Duty Location Date Reviewer in Charge/SME Security June, 20, 2008 TEAM MEMBERS Print Name, Title, & Duty Location b6, b7c Print Name, Title, & Duty Location SME Administration b7c Print Name, Title, & Duty Location b6, b7c SME Safety and Environmental Health RECOMMENDED RATING: SME Health Services Print Name, Title, & Duty Location b6, b7c SME Food Services SUPERIOR GOOD ACCEPTABLE DEFICIENT AT-RISK Comments: While the overall compliance rating evidenced in the working papers of the El Centro Service Processing Center indicates compliance in all 38 National Detention Standards, considerable attention should continue to be given to security and life safety concerns discussed in the final report. It is clear that management has identified security and life safety weaknesses, requested funding for enhancements, and ultimately has received authority for corrective action. To this end, there are currently multiple contactor projects ongoing. It is imperative these projects continue to receive the highest priority from management in order that a safe and secure environment for staff, detainees, and the public are maintained. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 4 of 4 ICE Detention Standards Compliance Review El Centro Service Processing Center June 17-19, 2008 REPORT DATE – June 24, 2008 Contract Number: ODT-6-D-0001 Order Number: HSCEOP-07-F-01016 Percy H. Pitzer, Executive Vice President Creative Corrections 6415 Calder, Suite B Beaumont, TX 77706 b6, b7c COTR U.S. Imm oms Enforcement Detention Standards Compliance Unit 801 I Street NW Washington, DC 20536 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Creative Corrections 6415 Calder, Suite B Beaumont, Texas 77706 Condition of Confinement Review Worksheet (This document must be attached to each Inspection Form) This Form to be used for Inspections of Facilities used longer than 72 Hours Detention Review Worksheet Local Jail – IGSA State Facility – IGSA ICE Contract Detention Facility Service Processing Center Name El Centro Service Processing Center 1115 North Imperial Avenue El Centro, California County Imperial Name and Title of Chief Executive Officer (Warden/OIC/Superintendent) b6, b7c Name and Title of Reviewer-In-Charge b6, b7c Date[s] of Review June 17-19, 2008 Type of Review Headquarters Operational Special Assessment Other FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) TABLE OF CONTENTS SECTION I. LEGAL ACCESS STANDARDS ............................................................................................................................ ..3 ACCESS TO LEGAL MATERIALS ................................................................................................................................................ GROUP PRESENTATIONS ON LEGAL RIGHTS ............................................................................................................................. VISITATION ............................................................................................................................................................................... ACCESS TO TELEPHONES........................................................................................................................................................... SECTION II. DETAINEE SERVICES STANDARDS .................................................................................................................... 11 ADMISSION AND RELEASE ........................................................................................................................................................ CLASSIFICATION SYSTEM ......................................................................................................................................................... CORRESPONDENCE AND OTHER MAIL ...................................................................................................................................... DETAINEE HANDBOOK .............................................................................................................................................................. FOOD SERVICE .......................................................................................................................................................................... FUNDS AND PERSONAL PROPERTY............................................................................................................................................ DETAINEE GRIEVANCE PROCEDURES ....................................................................................................................................... ISSUANCE AND EXCHANGE OF CLOTHING, BEDDING, AND TOWELS ........................................................................................ MARRIAGE REQUESTS ............................................................................................................................................................... NON-MEDICAL ESCORTED TRIPS .............................................................................................................................................. RECREATION ............................................................................................................................................................................. RELIGIOUS PRACTICES .............................................................................................................................................................. VOLUNTARY WORK PROGRAM ................................................................................................................................................. SECTION III. HEALTH SERVICES STANDARDS ................................................................................................................... 33 HUNGER STRIKES ...................................................................................................................................................................... MEDICAL CARE ......................................................................................................................................................................... SUICIDE PREVENTION AND INTERVENTION .............................................................................................................................. TERMINAL ILLNESS, ADVANCED DIRECTIVES AND DEATH ...................................................................................................... SECTION IV. SECURITY AND CONTROL STANDARDS ........................................................................................................ 44 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) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 2 of 73 SECTION I. LEGAL ACCESS STANDARDS FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 3 of 73 ACCESS TO LEGAL MATERIALS POLICY: FACILITIES HOLDING ICE DETAINEES SHALL PERMIT DETAINEES ACCESS TO A LAW LIBRARY, AND PROVIDE LEGAL MATERIALS, FACILITIES, EQUIPMENT, DOCUMENT COPYING PRIVILEGES, AND THE OPPORTUNITY TO PREPARE LEGAL DOCUMENTS. COMPONENTS Y N NA REMARKS The facility provides a designated law library for detainee use. The law library contains all materials listed in the “Access to Legal Materials” Standard, Attachment A. The listing of materials is posted in the law library. The Law Library provides The library contains a sufficient number of chairs, is well lit, and is seating for 20 detainees, 6 large reasonably isolated from noisy areas. tables, is well lit, clean and orderly. The Law Library provides 6 The law library is adequately equipped with typewriters and/or Lexis Nexis stations and 6 computers, and has sufficient supplies for daily use by the detainees. typewriters for detainee use. In addition to the physical law library, detainees have access to the Lexis Nexis electronic law library. Where provided, the Lexis Nexis library is updated and is current. Outside persons and organizations are permitted to submit published legal material for inclusion in the legal library. Outside published material is forwarded and reviewed by ICE prior to inclusion. The Facility Recreation There is a designated ICE or facility employee who inspects, updates, and Specialists are responsible for maintains/replaces legal materials and equipment on a routine basis. oversight of the Law Library. Detainees are offered a minimum 5 hours per week in the law library. Detainees are offered Detainees are not required to forego recreation time in lieu of library opportunity for at least 5 hours usage. Detainees facing a court deadline are given priority use of the law per week in the law library. library. Detainees may request materials not currently in the law library. Each request is reviewed and, where appropriate, an acquisition request is timely initiated. Requests for copies of court decisions are accommodated within 3 – 5 business days. Detainees are allowed to assit Detainees are permitted to assist other detainees, voluntarily and free of others in researching and charge, in researching and preparing legal documents, consistent with preparing legal documents. security. ECSPC does not have nonIlliterate or non-English-speaking detainees without legal representation English language law books or receive access to more than just English-language law books after non-English Lexis Nexis at this indicating their need for help. time. Detainees may retain a reasonable amount of personal legal material in the general population and in the special management unit. Stored legal materials are accessible within 24 hours of a written request. Detainees housed in Administrative Detention and Disciplinary Segregation units have the same law library access as the general population, barring security concerns. Detainees denied access to legal materials are documented and reviewed routinely for lifting of sanctions. All denials of access to the law library fully documented. Facility staff informs ICE Management when a detainee or group of detainees is denied access to the law library or law materials. Detainees who seek judicial relief on any matter are not subjected to reprisals, retaliation, or penalties. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 4 of 73 REMARKS: ECSPC has a very good law library and procedures in place to give ICE detainees access to the library and other legal materials. Although not mandated by policy, law books and Lexis Nexis in a Spanish version would assist non-English literate detainees with legal research. b6, b7c / June 19, 2008 UDITOR S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 5 of 73 GROUP LEGAL RIGHTS PRESENTATIONS POLICY: FACILITIES HOUSING ICE DETAINEES SHALL PERMIT AUTHORIZE PERSONS TO MAKE PRESENTATIONS TO GROUPS OF DETAINEES FOR THE PURPOSE OF INFORMING THEM OF U.S. IMMIGRATION LAW AND PROCEDURES, CONSISTENT WITH THE SECURITY AND ORDERLY OPERATION OF EACH FACILITY. ICE ENCOURAGES SUCH PRESENTATIONS, WHICH INSTRUCT DETAINEES ABOUT THE IMMIGRATION SYSTEM AND THEIR RIGHTS AND OPTIONS WITHIN IT. CHECK HERE IF NO GROUP PRESENTATIONS WERE CONDUCTED WITHIN THE PAST 12 MONTHS. OVERALL AND CONTINUE ON WITH NEXT PORTION OF WORKSHEET. YES NO NA COMPONENTS MARK STANDARD AS ACCEPTABLE REMARKS The Field Office is responsive to requests by attorneys and accredited representatives for group presentations. Upon receipt of concurrence by the Field Office Director, the facility or authorized ICE Field Office ensures timely and proper notification to attorneys or accredited representatives. The facility follows policy and procedure when rejecting or requesting modifications to objectionable material provided or presented by the attorney or accredited representative. Posters announcing presentations appear in common areas at least 48 hours in advance and sign-up sheets are available and accessible. Documentation is submitted and maintained when any detainee is denied permission to attend a presentation and the reason(s) for the denial. When the number of detainees allowed to attend a presentation is limited, the facility provides a sufficient number of presentations so that all detainees signed up may attend. Detainees in segregation, unable to attend for security reasons, may request separate sessions with presenters. Such requests are documented. Interpreters are admitted when necessary to assist attorneys and other legal representatives. Presenters are afforded a minimum of one hour to make the presentation and to conduct a question-and-answer session. Staff permits presenters to distribute ICE-approved materials. Presenters are permitted to meet with small groups of detainees to discuss their cases after the group presentation. ICE or authorized detention staff is present but do not monitor conversations with legal providers. Group presenters who have had their privileges suspended are notified in writing by the Field Office Director or designee; and the reasons for suspension are documented. The Headquarters Office for Detention and Removal, Field Operations and Detention management Division, is notified when a group or individual is suspended from making presentations. The facility plays ICE-approved videotaped presentations on legal rights at regular opportunities, at the request of outside organizations. A copy of the Group Legal Rights Presentation policy, including attachments, is available to detainees upon request ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: ECSPC has had no requests from outside persons or groups to make presentations regarding legal rights. The facility has excellent policy in place to accommodate authorized requests should they occur. b6, b7c / June 19, 2008 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 6 of 73 VISITATION POLICY: ICE SHALL PERMIT DETAINEES TO VISIT WITH FAMILY, FRIENDS, LEGAL REPRESENTATIVES, SPECIAL INTEREST GROUPS, AND THE NEWS MEDIA. COMPONENTS Y N NA REMARKS Visitation hours are published in the Detainee Handbook, displayed at the front entrance, There is a written visitation schedule and hours for general visitation. and provided in a "Visitation Handout" distributed in the front lobby. The visitation hours tailored to the detainee population and the demand for visitation. The visitation schedule and rules are available to the public. ECSPC makes the schedule and procedures available to the public, both in written form "Visitation Handout" and telephonically. 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 facility maintains a general visitation log as well as a "Attorney Visit" log. The detainees are permitted to retain personal property items specified in the standard. A visitor dress code is available to the public. Visitors are searched and identified according to standard requirements. The requirement on visitation by minors is complied with. The facility allows minor visitors under direct supervision of a accompying adult. 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. ECPC does allow minors to visit. After that time, on request, ICE considers a transfer, when possible, to a facility that will allow minor visitation. At a minimum, monthly visits are allowed. ECPC does allow minors to visit. Detainees in special housing are afforded visitation. Detainees housing in the Special Management Unit retain visitation privileges. Legal visitation is available seven (7) days a week, including holidays. On regular business days legal visitation hours are provide for a minimum of eight (8) hours per day, and a minimum of four hours per day on weekends and holidays. On regular business days, detainees are given the option of continuing a meeting with a legal representative through a scheduled meal. Private consultation rooms are available for attorney meetings. There is a mechanism for the detainee and his/her representative to exchange documents. Four private consultation rooms are available for attorney meetings. Documents may be exchanged through the secure document tranfer portal. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 7 of 73 VISITATION POLICY: ICE SHALL PERMIT DETAINEES TO VISIT WITH FAMILY, FRIENDS, LEGAL REPRESENTATIVES, SPECIAL INTEREST GROUPS, AND THE NEWS MEDIA. Detainee search procedures are There are written procedures governing detainee searches. contained in the SOP Admisson and Release, Section 3, C. When strip searches are required after every contact visit with a legal ECPC does not require strip representative, the facility provides an option for non-contact visits with seaches following visitation. legal representatives. Prior to each visit, legal service providers and assistants are identified per the standard. The current list of pro bono legal organizations is posted in the detainee housing areas and other appropriate areas. The decision to permit or deny a tour is not delegated below the level of Field Office Director. Provisions for NGO visitation, as stated in the Detention Standards, are complied with. Law enforcement officials who request to visit with a detainee are referred to the ICE Field Office for approval. Former detainees or aliens in proceedings, requesting to visit with a detainee, are referred to the OIC or ICE Field Office. Medical or psycological examination by a practitioner or expert not associated with ICE or the facility is permitted to provide a detainee with information useful in administrative proceedings (SOP, Visitation, Section O, 5.) Procedures are in place, consistent with the detention standard, for examinations by independent medical service providers and experts. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: ECSPC has four small non-contact visitation rooms, which are used to accommodate all visitations at the facility. The ICE detention standard regarding visitation encourages each facility to provide a visitation area appropriately furnished and arranged, and as comfortable and pleasant as practical, although policy and procedures regarding visitation are in full compliance, the visitation area needs upgrading. b6, b7c / June 19, 2008 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 8 of 73 DETAINEE TELEPHONE ACCESS POLICY: ALL FACILITIES HOUSING ICE DETAINEES WILL PERMIT DETAINEES’ REASONABLE AND EQUITABLE ACCESS TO TELEPHONES. COMPONENTS Detainees are allowed access to telephones during established facility waking hours. Upon admittance, detainees are made aware of the facility's telephone access policy. Y N NA REMARKS Information regarding telephone access is provided in the Detainee Handbook, page 12. Access rules are posted in housing units. The facility makes a reasonable effort to provide key information to detainees in languages spoken by any significant portion of the facility's population. Telephones are provided at a minimum ratio of one telephone per 25 detainees in the facility population. Telephones are inspected regularly by facility staff to ensure that they are in good working order. The ECPC rated capacity is 544, there are 53 telephones available. Procedures require the phones to be checked daily utilizing the "Health, Safety, and Security Shift Report." The facility administration promptly reports out-of-order telephones to the facility’s telephone service provider. The facility administration monitors repair progress and takes appropriate measures to ensure that required repairs are begun and completed timely. Detainees are afforded a reasonable degree of privacy for legal phone calls. A procedure exists to assist a detainee who is having trouble placing a confidential call. Unit phones have privacy panels in place. A Detainee may request staff assistance regarding a private legal call, use of an office phone or other special arrangement may be provided. The facility provides the detainees with the ability to make non-collect (special access) calls. Special Access calls are at no charge to the detainees. The OIG phone number for reporting abuse is programmed into the detainee phone system and the phone number was checked by the inspector during the review. The OIG hotline number is accessible through the speed dial process. Instructions are available at the phone banks, as well as on the unit bulletin boards. In facilities unable to fully meet this requirement initially because of limitations of its telephone service, ICE makes alternate arrangements to provide required access within 24 hours of a request by a detainee. No restrictions are placed on detainees attempting to contact attorneys and legal service providers who are on the approved “Free Legal Services List”. Special arrangements are made to allow detainees to speak by telephone with an immediate family member detained in another Facility. Any telephone restrictions are documented. The facility has a system for taking and delivering emergency detainee telephone messages. Emergency phone call messages are immediately given to detainees. Detainees are allowed to return emergency phone calls as soon as possible. Unless FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 9 of 73 DETAINEE TELEPHONE ACCESS POLICY: ALL FACILITIES HOUSING ICE DETAINEES WILL PERMIT DETAINEES’ REASONABLE AND EQUITABLE ACCESS TO TELEPHONES. COMPONENTS Detainees in disciplinary segregation are allowed phone calls relating to the detainee's immigration case or other legal matters, including consultation calls. Detainees in disciplinary segregation are allowed phone calls to consular/embassy officials. Detainees in disciplinary segregation are allowed phone calls for family emergencies. Detainees in administrative detention and protective custody are afforded the same telephone privileges as those in general population. When detainee phone calls are monitored, notification is posted by detainee telephones that phone calls made by the detainees may be monitored. Special Access calls are not monitored. ACCEPTABLE DEFICIENT Y N NA REMARKS ECSPC permits detainees housed in SMU to make direct and/or free calls. ECPC has monitoring notification posted at the phones, although phone monitoring is not on-going at this time. AT-RISK REPEAT FINDING REMARKS: The facility has an adequate number of accessible phones available to the inmate population. b6, b7c / June 19, 2008 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 10 of 73 SECTION II. DETAINEE SERVICES STANDARDS ADMISSION AND RELEASE POLICY: ALL DETAINEES WILL BE ADMITTED AND RELEASED IN A MANNER THAT ENSURES THEIR HEALTH, SAFETY, AND WELFARE. THE ADMISSIONS PROCEDURE WILL, AMONG OTHER THINGS INCLUDE: MEDICAL SCREENING; A FILE-BASED ASSESSMENT AND CLASSIFICATION PROCESS; A BODY SEARCH; AND A SEARCH OF PERSONAL BELONGINGS, WHICH WILL BE INVENTORIED, DOCUMENTED, AND SAFEGUARDED AS NECESSARY. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 11 of 73 COMPONENTS In-processing includes an orientation of the facility. The orientation includes: Unacceptable activities and behavior, and corresponding sanctions; How to contact ICE; The availability of pro bono legal services, and how to pursue such services; schedule of programs, services, daily activities, including visitation, telephone usage, mail service, religious programs, count procedures, access to and use of the law library and the general library; 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 initial health screening. Each new arrival is classified according to criminal history and threat levels. Criminal history is provided for each detainee by the ICE field office. All new arrivals are searched in accordance with the “Detainee Search” standard. An officer of the same sex as the detainee conducts the search and the search is conducted in an area that affords as much privacy as possible. Detainees are stripped searched only when cause has been established and not as routine policy. Non-criminal detainees are not 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 prepares a complete inventory of each detainee’s possessions. The detainee receives a copy. Y N NA REMARKS The orientation process includes issuance of the Detainee Handbook and is supported by an orientation video. The facility has procedures in place to communicate effectively with different languages, including an interpreter service (InterpreTalk). All new intakes are screened by medical staff in compliance with the "Detainee Access to Medical Care" Standard. Admission staff use documentation from the field agent, the I-216, the Alien Booking Record (Form I-385), the medical questionnaire, and other information contained in the accompanying A File to classify each new detainee. The facility uses form G-1025 "Record of Search” and conducts searches in compliance with the "Detainee Search Standard." A supervisor must approve any strip seach even for cause. The search is documented on Form G-1025. ECSPC prepares a complete inventory of all detainee personal property (form G-589) Detainee Personal Property Receipt. The detainee signs and receives a copy of the document. Staff completes Form I-387 or similar form for CDFs and IGSAs for every lost or missing property claim. Facilities forward all I-387 claims to ICE. An Officer completes Form I387, "Report of Detainee's Missing Property" if a detainee claims lost or missing property. Detainees are issued appropriate and sufficient clothing and bedding for the climatic conditions. Initial issue includes bedding and clothing in number and weights appropriate for the facility environment and local weather conditions. The facility issues personal hygiene items during intake. They are issued and replenished as needed without charge to the detainee. The facility uses Form I-203 to document releases. The facility provides and replenishes personal hygiene items as needed. Gender-specific items are available. ICE Detainees are not charged for these items. All releases are properly coordinated with ICE using a Form I-203. Staff completes paperwork/forms for release as required. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 12 of 73 ADMISSION AND RELEASE POLICY: ALL DETAINEES WILL BE ADMITTED AND RELEASED IN A MANNER THAT ENSURES THEIR HEALTH, SAFETY, AND WELFARE. THE ADMISSIONS PROCEDURE WILL, AMONG OTHER THINGS INCLUDE: MEDICAL SCREENING; A FILE-BASED ASSESSMENT AND CLASSIFICATION PROCESS; A BODY SEARCH; AND A SEARCH OF PERSONAL BELONGINGS, WHICH WILL BE INVENTORIED, DOCUMENTED, AND SAFEGUARDED AS NECESSARY. COMPONENTS Y N NA REMARKS ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: ECSPC has excellent policy and procedures in place regarding admission and release. Processing staff are professional and diligent in the performance of their duties. b6, b7c June 19, 2008 AUDITOR’S SIGNATURE / DATE CLASSIFICATION SYSTEM POLICY: ALL FACILITIES WILL DEVELOP AND IMPLEMENT A SYSTEM ACCORDING TO WHICH ICE DETAINEES ARE CLASSIFIED. THE CLASSIFICATION SYSTEM WILL ENSURE THAT EACH DETAINEE IS PLACED IN THE APPROPRIATE CATEGORY, PHYSICALLY SEPARATED FROM DETAINEES IN OTHER CATEGORIES COMPONENTS The facility has a system for classifying detainees. In CDFs and IGSAs, an Objective Classification System or similar is used. Y N NA REMARKS ECSPC has an objective classification system based upon directives contained in the FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 13 of 73 CLASSIFICATION SYSTEM POLICY: ALL FACILITIES WILL DEVELOP AND IMPLEMENT A SYSTEM ACCORDING TO WHICH ICE DETAINEES ARE CLASSIFIED. THE CLASSIFICATION SYSTEM WILL ENSURE THAT EACH DETAINEE IS PLACED IN THE APPROPRIATE CATEGORY, PHYSICALLY SEPARATED FROM DETAINEES IN OTHER CATEGORIES COMPONENTS Y N The facility classification system includes: Classifying detainees upon arrival; Separating from the general population those individuals who cannot be classified upon arrival; and The first-line supervisor or designated classification specialist reviewing every classification decision. The intake/processing officer reviews work-folders, A-files, etc., to identify and classify each new arrival. Detainees are assigned a security level and housing assignment based upon the DCS score. A detainee's classification-level does not affect his/her recreation opportunities. Detainees recreate with persons of similar classification designations. Detainee work assignments are based upon classification designations. The classification process includes reassessment/reclassification. At IGSA’s, detainees may request reassessment 60 days after arrival. Detainees at ECPC are reassesed 45 to 60 days after initial classification. The SDDO for Det Ops. has the authority to reduce a classification level on appeal Procedures exist for a detainee to appeal their classification assignment. Only a designated supervisor or classification specialist has the authority to reduce a classification-level on appeal. Classification appeals are resolved within five business days and detainees are notified of the outcome within 10 business days. Classification designations may be appealed to a higher authority, such as the Warden or equivalent. The Detainee Handbook or equivalent for IGSAs explains the classification levels, with the conditions and restrictions applicable to each. DEFICIENT REMARKS National Detention Standard titled "Detainee Classification System.” All available documentation and information is utilized by the intake/processing officer. Staff uses only information that is factual, and reliable to determine classification assignments. Opinions and unsubstantiated/ unconfirmed reports may be filed but are not used to score detainees classifications. Housing assignments are based on classification-level. ACCEPTABLE NA The detainee may appeal a SDDO decision to the AFOD. Detainee Handbook, Classification Levels, page 4/5. AT-RISK REPEAT FINDING REMARKS: Detainees are classified using available pertinent information. The detainee classification form and resultant comprehensive custody score play a major role to further the safety and security of the facility. b6, b7c June 19, 2008 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 14 of 73 CORRESPONDENCE AND OTHER MAIL POLICY: ALL FACILITIES WILL ENSURE THAT DETAINEES SEND AND RECEIVE CORRESPONDENCE IN A TIMELY MANNER, SUBJECT TO LIMITATIONS REQUIRED FOR THE SAFETY, SECURITY, AND ORDERLY OPERATION OF THE FACILITY. OTHER MAIL WILL BE PERMITTED, SUBJECT TO THE SAME LIMITATIONS. EACH FACILITY WILL WIDELY DISTRIBUTE ITS GUIDELINES CONCERNING CORRESPONDENCE AND OTHER MAIL. COMPONENTS YES NO NA REMARKS The rules for correspondence and other mail are posted in each housing or common area, or provided to each detainee via a detainee handbook. The facility provides key information in languages other than English; In Key information is provided in the language(s) spoken by significant numbers of detainees. List any Spanish in all units. exceptions. Incoming mail is distributed to detainees within 24 hours or 1 business day after it is received and inspected. Outgoing mail is delivered to the postal service within one business day of its entering the internal mail system (excluding weekends and holidays). Staff does not open and inspect incoming general correspondence and The mailroom officer identifies other mail (including packages and publications) without the detainee the detainee, and then opens the present unless documented and authorized in writing by the Warden or mail in his presence. equivalent for prevailing security reasons. Staff does not read incoming general correspondence without the Warden’s prior written approval. Staff does not inspect incoming special Correspondence for physical contraband or to verify the “special” status of enclosures without the detainee present. Staff is prohibited from reading or copying incoming special correspondence. Staff is only authorized to inspect outgoing correspondence or other mail without the detainee present when there is reason to believe the item might present a threat to the facility's secure or orderly operation, endanger the recipient or the public, or might facilitate criminal activity. Correspondence to a politician or to the media is processed as special correspondence and is not read or copied. The AFOD may reject incoming The official authorizing the rejection of incoming mail sends written or outgoing mail. The detainee notice to the sender and the addressee. and/or sender receives notification of the rejection. The official authorizing censorship or rejection of outgoing mail provides the detainee with signed written notice. Staff maintains a written record of every item removed from detainee mail. The Warden or equivalent monitors staff handling of discovered contraband and its disposition. Records are accurate and up to date. The mail room officer The procedure for safeguarding cash removed from a detainee protects documents funds received in the the detainee from loss of funds and theft. The amount of cash credited to mail, the detainee may retain detainee accounts is accurate. Discrepancies are documented and amounts under $40.00, investigated. Standard procedure includes issuing a receipt to the otherwise the detainee is detainee. escorted to processing where a receipt is issued. Original identity documents (e.g., passports, birth certificates) are immediately removed and forwarded to ICE staff for placement in Afiles. Staff provides the detainee a copy of his/her identity document(s) upon request. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 15 of 73 CORRESPONDENCE AND OTHER MAIL POLICY: ALL FACILITIES WILL ENSURE THAT DETAINEES SEND AND RECEIVE CORRESPONDENCE IN A TIMELY MANNER, SUBJECT TO LIMITATIONS REQUIRED FOR THE SAFETY, SECURITY, AND ORDERLY OPERATION OF THE FACILITY. OTHER MAIL WILL BE PERMITTED, SUBJECT TO THE SAME LIMITATIONS. EACH FACILITY WILL WIDELY DISTRIBUTE ITS GUIDELINES CONCERNING CORRESPONDENCE AND OTHER MAIL. 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 ECPC places no limitations on expense, reasonable correspondence about a legal matter, in three one legal mail. ounce letters per week and packages deemed necessary by ICE. ECPC does not sell stamps, The facility has a system for detainees to purchase stamps and for mailing outgoing mail is stamped by a all special correspondence and a minimum of 5 pieces of general metered machine. correspondence per week. The facility provides writing paper, envelopes, and pencils at no cost to ICE detainees. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: Detainees send and receive correspondence in a timely manner. b6, b7c / June 19, 2008 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 16 of 73 DETAINEE HANDBOOK POLICY: EVERY OIC WILL DEVELOP A SITE-SPECIFIC DETAINEE HANDBOOK TO SERVE AS AN OVERVIEW OF, AND GUIDE TO, THE DETENTION POLICIES, RULES, AND PROCEDURES IN EFFECT AT THE FACILITY. THE HANDBOOK WILL ALSO DESCRIBE THE SERVICES, PROGRAMS, AND OPPORTUNITIES AVAILABLE THROUGH VARIOUS SOURCES, INCLUDING THE FACILITY, ICE, PRIVATE ORGANIZATIONS, ETC. EVERY DETAINEE WILL RECEIVE A COPY OF THIS HANDBOOK UPON ADMISSION TO THE FACILITY. COMPONENTS Y N NA REMARKS The handbook consists of 44 The detainee handbook is written in English and translated into Spanish, pages with an easy to read table or into the next most-prevalent Language(s). of contents in the front. 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. All revisions are posted on the The handbook is revised as necessary and there are procedures in place detainee bulletin boards for immediately communicating any revisions to staff and detainees. immediately and copies included in the handbook. The compliance unit completes There an annual review of the handbook by a designated committee or annuals reviews of the handbook staff member. and makes revisions as needed. The detainee handbook addresses the following issues: These issues are covered on page Personal Items permitted to be retained by the detainee; and 3. Initial issue of clothes, bedding and personal hygiene items. The detainee handbook states in clear language the basic detainee Very clear and concise, easy to responsibilities. read and understand. The handbook clearly outlines the methods for classification of detainees, explains each level, and explains the classification appeals process. The section on initial admission The handbook states when a medical examination will be conducted. states that ordinarily a medical screening and an examination within 14 days. The handbook 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; All items are fully addressed smoking policy; clothing exchange schedules; and, if authorized, clothes throughout the handbook. washing and drying procedures, and expected personal hygiene practices. Razors are issued on a daily basis The handbook describe times and procedures for obtaining disposable during shift 3 and must be turned razors, and allows that detainees attending court will be afforded the back in after use. opportunity to shave first. The handbook describes barber hours and hair cutting restrictions. Page 11 fully describes the barbering operations. The handbook describes the telephone policy; debit card procedures; Access to telephones are covered direct and free calls; locations of telephones; policy when telephone on pages 12 and 13. demand is high; and policy and procedures for emergency phone calls. The handbook addresses religious programming. The handbook states times and procedures for commissary or vending There is no commissary only machine usage, where available. vending machines. The handbook describes the detainee voluntary work program. The handbook describes the library location and hours of operation, and law library procedures and schedules. The handbook describes attorney and regular visitation hours, policies, Visiting hours for attorneys are and procedures. unrestricted. The handbook describes the facility contraband policy. Contraband issues are addressed FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 17 of 73 DETAINEE HANDBOOK POLICY: EVERY OIC WILL DEVELOP A SITE-SPECIFIC DETAINEE HANDBOOK TO SERVE AS AN OVERVIEW OF, AND GUIDE TO, THE DETENTION POLICIES, RULES, AND PROCEDURES IN EFFECT AT THE FACILITY. THE HANDBOOK WILL ALSO DESCRIBE THE SERVICES, PROGRAMS, AND OPPORTUNITIES AVAILABLE THROUGH VARIOUS SOURCES, INCLUDING THE FACILITY, ICE, PRIVATE ORGANIZATIONS, ETC. EVERY DETAINEE WILL RECEIVE A COPY OF THIS HANDBOOK UPON ADMISSION TO THE FACILITY. COMPONENTS Y N NA REMARKS on page 36. The handbook describes the facility visiting hours and schedule, and visiting rules and regulations. The handbook describes the correspondence policy and procedures. The handbook describes the detainee disciplinary policy and procedures, including: Detainee discipline policies are Prohibited acts and severity scale sanctions; covered in detail on pages 21-31. Time limits in the Disciplinary Process; and Summary of the Disciplinary Process. The grievance section of the handbook explains all steps in the grievance process – Including: Informal (if used) and formal grievance procedures; The appeals process; Page 31 & 32 of the handbook In CDF facilities: procedures for filing an appeal of a describes in detail the grievance grievance with ICE. procedures and all steps Staff/detainee availability to help during the grievance process. associated with the process. Guarantee against staff retaliation for filing/pursuing a grievance. How to file a complaint about officer misconduct with the Department of Homeland Security. The detainee handbook describes the medical sick call procedures for general population and segregation. The handbook describes the facility recreation policy including: Outdoor recreation hours. Indoor recreation hours. The handbook describes the detainee dress code for daily living; and work assignments. There are 14 detainee rights and The handbook specifies the rights and responsibilities of all detainees. responsibilities discussed on pages 43 and 44. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: The detainee handbook consists of 44 pages. There is a table of contents at the beginning of the handbook that covers each required item addressed in this standard. The handbook is very thorough and written in easy to understand language. It provides the detainees with adequate information to meet their required responsibilities and provides the information necessary for them to address their concerns. The section on grievance procedures is very thorough and provides all the necessary information for detainees to address any concern through the grievance process. b6, b7c / June 19, 2008 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 18 of 73 FOOD SERVICE POLICY: EVERY FACILITY WILL PROVIDE DETAINEES IN ITS CARE WITH NUTRITIOUS AND APPETIZING MEALS, PREPARED IN ACCORDANCE WITH THE HIGHEST SANITARY STANDARDS. COMPONENTS Y N NA REMARKS The food service program is under the direct supervision of a The Food Service Manager is professionally trained and certified food service administrator. certified under the Serv-Safe Responsibilities of cooks and cook foremen are in writing. The Food Program. The FSA has attended Service Administrator (FSA) determines the responsibilities of the Food Food Service Management Service Staff. courses. The Cook Supervisor is on duty on days when the FSA is off duty and There is a Food Service vice versa. Administrator and an Assistant Food Service Administrator.There is always one of the managers on duty. The FSA provides food service employees with training that specifically After looking at staff training addresses detainee-related issues. records which shows that all areas are being covered. The In ICE Facilities this includes a review of the ICE "Food present staff have been on their Service" standard job since December 2007. The knife cabinet is in an Knife cabinets close with an approved locking device, and the on-duty approved cabinet with an cook foreman maintains control of the key that locks the device. approved locking device. All the food service staff has a key to the knife cabinet. Remove the knife cabinet key from all keys rings so that only the Cook Supervisor in charge of the kitchen, has the control of all knives and tools being issued. All knives not in a secure cutting room are physically secured to the workstation and staff directly supervises detainees using knives at these workstations. Staff monitors the condition of knives and dining utensils. Yeast, Nutmeg, Cloves, Alcohol When necessary, special procedures govern the handling of food items Based Flavorings and Mace are that pose a security threat. not utilized in this facility. Operating procedures include daily searches (shakedowns) of detainee work areas. The FSA monitor staff implementation of the facility's population All food service staff have counts procedures. Staff is trained in count procedures. received training in count procedures. The FSA monitors the count procedures as the staff are conducting them. The detainees assigned to the food service department look neat and All detainees assigned were in clean. Their clothing and grooming comply with the "Food Service" clean and neat clothing for the standard. week of the review. The FSA reviews detainees job The FSA annually reviews detainee-volunteer job descriptions to ensure description annually to ensure they are accurate and up-to-date. that they are kept up-to-date.. All new detainees assigned to The Cook Foreman or equivalent instructs newly assigned detainee food service receives and signs workers in the rules and procedures of the food service department. for the rules and procedures of their new job assignment. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 19 of 73 FOOD SERVICE POLICY: EVERY FACILITY WILL PROVIDE DETAINEES IN ITS CARE WITH NUTRITIOUS AND APPETIZING MEALS, PREPARED IN ACCORDANCE WITH THE HIGHEST SANITARY STANDARDS. COMPONENTS Y N NA REMARKS 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 All training is document and detention files. kept on file for each detainee. Detainees at CDFs are paid in accordance with the “Voluntary Work Detainees who work in this Program” standard. Detainee workers at IGSAs are subject to local and facility are paid according to the state rules and regulations regarding detainee pay. policy and procedures within the Voluntary Work Program Standards. Detainees are served at least two Detainees are served at least two hot meals every day. No more than 14 hot meals a day. There is no hours elapse between the last meal served and the first meal of the more then 14 hours between following day. dinner and breakfast of the next day. Breakfast - 0600 Lunch - 1100 Dinner - 1630 For cafeteria style operations, a transparent "sneeze guard" protects both the serving line and salad bar line. The facility has a standard 35-day menu cycle. IGSAs use a 35 day or similar system for rotating meals. The FSA or facility considers the ethnic diversity of the facility’s The facility considers the ethnic detainee population when developing menu cycles (Provide diversity of the detainees i.e. examples). Pepper Steak, Stir-Fry Dishes, Meat Burritos, Tacos, Spanish Rice, Lasagna, Spaghetti. A registered dietitian conducts a A registered dietitian conducts a complete nutritional analysis of every complete nutritional analysis on master-cycle menu planned. all menus that are used in the daily preparation of all meals. The FSA has established procedures to ensure that items on the masterApproved recipes are used by all cycle menu are prepared and presented according to approved recipes. food service workers and staff. The Cook Foreman has the authority to change menu items if necessary. If yes, documenting each substitution, along with its The cook supervisor cannot justification change any menu items. With copy to FSA All staff and volunteers know and adhere to written "food preparation" procedures. 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 There is a common fare menu cannot be met on the main line. used. Hot entrees are offered at Changes to the planned common-fare menu can be made at the least three times a week. The facility level; common fare meets all the nutritional requirements for Hot entrees are offered three times a week; daily allowances. All common The common-fare menus satisfy nutritional recommended fare meals are served on daily allowances (RDAs); FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 20 of 73 FOOD SERVICE POLICY: EVERY FACILITY WILL PROVIDE DETAINEES IN ITS CARE WITH NUTRITIOUS AND APPETIZING MEALS, PREPARED IN ACCORDANCE WITH THE HIGHEST SANITARY STANDARDS. COMPONENTS Y N NA REMARKS disposable plates and use Staff routinely provide hot water for instant beverages and disposable utensils. There is a foods; separate prep area for religious o Common-fare meals are served with: diets with all separate utensils. Disposable plates and utensils. Reusable plates and utensils. Staff use separate cutting boards, knives, spoons, scoops, etc., to prepare the common-fare diet items. The Chaplain approves request A supervisor at the command level must approve a detainee’s removal from detainees for a religious from the Common-Fare Program. diet. With the approval of the OIC the Chaplain can remove a detainee from the program as well. 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. The common fare menu accommodates detainees. 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. The food service department The food service program addresses medical diets. provides medical diets when prescribed by the medical staff. The guidelines for proper Satellite-feeding programs follow guidelines for proper sanitation. satellite feeding are followed and they have a good program. Temperatures are taken on all Hot and cold foods are maintained at the prescribed, "safe" foods and are maintained as temperature(s) while being served. prescribed and logged on the log book. Cold foods are 40 or below and hot foods are 140 or above. All foods are nutritionally All meals are provided in nutritionally adequate portions. adequate and the portions are adequate as well. Food is not used to punish or reward detainees based upon behavior. No foods are used to reward or as punishment. The food service staff instructs detainee volunteers on: Personal cleanliness and hygiene; All procedures are followed as outlined in the ICE Standards Sanitary techniques for preparing, storing, and serving food; for Food Service. and The sanitary operation, care, and maintenance of equipment. All persons working within the Everyone working in the food service department complies with food food service department safety and sanitation requirements. complies with food and safety requirements. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 21 of 73 FOOD SERVICE POLICY: EVERY FACILITY WILL PROVIDE DETAINEES IN ITS CARE WITH NUTRITIOUS AND APPETIZING MEALS, PREPARED IN ACCORDANCE WITH THE HIGHEST SANITARY STANDARDS. COMPONENTS Y N NA REMARKS Standard operating procedures include weekly inspections of all food The FSA conducts a weekly service areas, including dining and food-preparation areas and inspection of all areas and the equipment. kitchen supervisor initials off when any discrepancies have Who conducts the inspections? been corrected. Equipment is inspected for compliance with health and safety codes and regulations. When was the most recent inspection? Which agency conducted the inspection? Reports of discrepancies are forwarded to the Warden or designated department head, and corrective action is scheduled and completed. Food service does take temperatures and log them on a temperature log which is kept on file in the FSA's office. Standard procedure includes checking and documenting temperatures of all dishwashing machines after each meal. Staff documents the results of every refrigerator/freezer temperature check. The cleaning schedule for each food service area is conspicuously posted. Cleaning schedules were posted in all areas within the kitchen and followed to ensure the cleanliness of all areas of the kitchen. All incoming supplies are inspected by the food service staff for damage, contamination and pest infestation prior to storing the supplies. The storage areas are secured when not in use. Procedures include inspecting all incoming food shipments for damage, contamination, and pest infestation. Storage areas are locked when not in use. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: The knife cabinet is in an approved cabinet with an approved locking device. However, all the food service staff has a key to the knife cabinet. It is recommended that the knife cabinet key be removed from all key rings so that only the cook supervisor in charge of the kitchen has the control of all knives and tools being issued. b6, b7c / June 19, 2008 AUDITOR’S SIGNATURE / DATE FUNDS AND PERSONAL PROPERTY POLICY: ALL FACILITIES WILL IMPLEMENT PROCEDURES TO CONTROL AND SAFEGUARD DETAINEES’ PERSONAL PROPERTY. PROCEDURES WILL PROVIDE FOR THE SECURE STORAGE OF FUNDS, VALUABLES, BAGGAGE AND OTHER PERSONAL PROPERTY; THE DOCUMENTATION AND RECEIPTING OF SURRENDERED PROPERTY; AND THE INITIAL AND REGULARLY SCHEDULED INVENTORYING OF ALL FUNDS, VALUABLES, AND OTHER PROPERTY. STANDARD NA: (IGSA ONLY) CHECK THIS BOX IF ALL ICE DETAINEE FUNDS, VALUABLES AND PROPERTY ARE HANDLED ONLY BY THE ICE FIELD OFFICE OR SUB-OFFICE IN CONTROL OF THE DETAINEE CASE. COMPONENTS YES NO NA REMARKS Detainee funds and valuables are properly separated, stored, and are Funds and valuables are accessible only by designated supervisor(s). properly separated and stored. Detainees’ large valuables are secured in a location accessible to Detainees large valuables are designated supervisor(s) or processing staff only. secured at the facility which is FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 22 of 73 FUNDS AND PERSONAL PROPERTY POLICY: ALL FACILITIES WILL IMPLEMENT PROCEDURES TO CONTROL AND SAFEGUARD DETAINEES’ PERSONAL PROPERTY. PROCEDURES WILL PROVIDE FOR THE SECURE STORAGE OF FUNDS, VALUABLES, BAGGAGE AND OTHER PERSONAL PROPERTY; THE DOCUMENTATION AND RECEIPTING OF SURRENDERED PROPERTY; AND THE INITIAL AND REGULARLY SCHEDULED INVENTORYING OF ALL FUNDS, VALUABLES, AND OTHER PROPERTY. STANDARD NA: (IGSA ONLY) CHECK THIS BOX IF ALL ICE DETAINEE FUNDS, VALUABLES AND PROPERTY ARE HANDLED ONLY BY THE ICE FIELD OFFICE OR SUB-OFFICE IN CONTROL OF THE DETAINEE CASE. accessible by designated supervisors and/or processing staff. Staff itemizes the baggage and personal property of arriving detainees Proper inventory standards are (including funds and valuables). For IGSAs and CDFs, using a personal followed. property inventory form that meets the ICE standard? When a detainee arrives at this Staff forwards an arriving detainee’s medication to the medical staff. facility his medication is given to the medical department at the facility. Audits of baggage and non-valuable property occur each quarter and audits are logged and verified. There is always two staff Two officers are present during the processing of detainee funds and present when processing any valuables during in-processing to the facility. Both officers verify funds detainees in and both staff verify and valuables. funds and valuables. Staff searches arriving detainees and their personal property for Detainees and their property are contraband. searched as required. Staff procedures follow written policy for returning forgotten property to detainees. Property discrepancies are immediately reported to the CDEO or Chief of Security. Staff follow written procedures Staff follows written procedures when returning property to detainees. when returning property to the detainees. All procedures are followed by CDF/IGSA facility procedures for handling detainee property claims are all staff when handling similar with the ICE standard. detainees property. The facility attempts to notify an out-processed detainee that he/she left property in the facility: By sending written notice to the detainee’s last known address; Via certified mail; and The notice state that the detainee has 30 days in which to claim the property, after which it will be considered abandoned. The facility disposes of abandoned property in accordance with written procedures. If a CDF/IGSA facility, written procedure requires the prompt forwarding of abandoned property to ICE. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS The detention center maintains accurate records for personal property and personal funds. Detainee property is accurately inventoried and stored according to policy. The work area in which these functions are performed is very neat, well organized and cleanliness is a high priority. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 23 of 73 b6, b7c / June 19, 2008 AUDITOR’S SIGNATURE / DATE DETAINEE GRIEVANCE PROCEDURES POLICY: EVERY FACILITY WILL DEVELOP AND IMPLEMENT STANDARD OPERATING PROCEDURES (SOPS) FOR ADDRESSING DETAINEE GRIEVANCES IN TIMELY FASHION. EACH STEP IN THE PROCESS WILL OCCUR WITHIN THE PRESCRIBED TIME FRAME. AMONG OTHER THINGS, A GRIEVANCE WILL BE PROCESSED, INVESTIGATED, AND DECIDED (SUBJECT TO APPEAL) IN ACCORDANCE WITH THE SOPS; A GRIEVANCE COMMITTEE WILL CONVENE AS PROVIDED IN THE SOPS. STANDARD PROCEDURE WILL INCLUDE PROVIDING THE DETAINEE WITH A WRITTEN RESPONSE TO ANY FORMAL GRIEVANCE, WHICH WILL INCLUDE THE BASIS FOR THE DECISION. THE FACILITY WILL ALSO ESTABLISH STANDARD PROCEDURES FOR HANDLING EMERGENCY GRIEVANCES. ALL GRIEVANCES WILL RECEIVE SUPERVISORY REVIEW. REPRISAL AGAINST THE FILER OF A GRIEVANCE WILL NOT BE TOLERATED. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 24 of 73 COMPONENTS Written procedures provide for the informal resolution of oral grievances (Not mandatory). If yes, the detainee has up to five days within which to make his/her concern known to a member of the staff. Detainees have access to the grievance committee (or equivalent in IGSA), using formal procedures. Detainees may seek help from other detainees or facility staff when preparing a grievance. Illiterate, disabled, or non-English-speaking detainees receive special assistance when necessary. Every member of the staff knows how to identify emergency grievances, including the procedures for expediting them. There are documented or substantiated cases of staff harassing, disciplining, penalizing, or otherwise retaliating against a detainee who lodged a complaint: If yes, explain. Procedures include maintaining a Detainee Grievance Log. If not, an alternative acceptable record keeping system is maintained. "Nuisance complaints" are identified in the records. For quality control purposes, staff document nuisance complaints received but not filed. Staff is required to forward any grievance that includes officer misconduct to a higher official or, in a CDF/IGSA facility, to ICE. ACCEPTABLE DEFICIENT Y N NA REMARKS Local policy, Grievance Procedure, describes all procedures associated with the grievance procedures. There are no documented or substantiated cases. AT-RISK REPEAT FINDING REMARKS: Well documented and maintained program. All steps in the process are meeting the expected time frames. The grievance process and procedures are in place and detainees are being provided the necessary requirements to voice their concerns. Inspection of the log and monthly reports did not identify any lodged complaints of staff misconduct incidents that would require further investigation. b6, b7c /June 19, 2008 AUDITOR’S SIGNATURE / DATE ISSUANCE AND EXCHANGE OF CLOTHING, BEDDING, AND TOWELS POLICY: ICE REQUIRES THAT ALL FACILITIES HOUSING ICE DETAINEES PROVIDE CLEAN CLOTHING, BEDDING, LINENS AND TOWELS TO EVERY ICE DETAINEE UPON ARRIVAL. FURTHER, FACILITIES SHALL PROVIDE ICE DETAINEES WITH REGULAR EXCHANGES OF CLOTHING, LINENS, AND TOWELS FOR AS LONG AS THEY REMAIN IN DETENTION. COMPONENTS The facility has a policy and procedure for the regular issuance and YES NO NA REMARKS Local Policy titled, Issuance, FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 25 of 73 ISSUANCE AND EXCHANGE OF CLOTHING, BEDDING, AND TOWELS POLICY: ICE REQUIRES THAT ALL FACILITIES HOUSING ICE DETAINEES PROVIDE CLEAN CLOTHING, BEDDING, LINENS AND TOWELS TO EVERY ICE DETAINEE UPON ARRIVAL. FURTHER, FACILITIES SHALL PROVIDE ICE DETAINEES WITH REGULAR EXCHANGES OF CLOTHING, LINENS, AND TOWELS FOR AS LONG AS THEY REMAIN IN DETENTION. COMPONENTS exchange of clothing, bedding, linens, and towels. The supply of these items exceeds the minimum required for the number of detainees. YES 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 pair of facility-issued footwear. Additional clothing is available for changing weather conditions, or as seasonally appropriate. 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. Detainees assigned to special work areas are clothed in accordance with the requirements of the job. Detainees are provided clean clothing, linen and towels. Socks and undergarments - exchanged daily. Outer garments - twice weekly. Sheets - weekly. Towels - weekly. Pillowcases - weekly. Food service detainee volunteer workers are permitted to exchange outer garments daily. Volunteer detainee workers are permitted to exchange outer garments more frequently. ACCEPTABLE DEFICIENT NO NA REMARKS and Exchange of Clothing, Bedding, Linen, and Towels outlines all requirements of this standard. There are sufficient amounts of additional clothing and bedding materials maintained. All exchanges are in line with required standards. As needed. AT-RISK REPEAT FINDING REMARKS: Review of policies and procedures indicate that the detainees are afforded the clothing, bedding, and linens as required by this standard. Observations of the laundry process showed that it is a very efficient and well supervised operation. Inspection of the clothing storage area found that there were sufficient amounts of supplies on hand for any emergency. / June 19. 2008 AUDITOR’S SIGNATURE / DATE b6, b7c FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 26 of 73 MARRIAGE REQUESTS POLICY: ALL DETAINEE MARRIAGE REQUESTS WILL RECEIVE CASE-BY-CASE CONSIDERATION FROM ICE MANAGEMENT. COMPONENTS Y N NA REMARKS The Field Office considers detainee marriage requests on a case-by-case Documentation is on file for basis. detainees marriage request. The Field Office Director reviews every marriage request rejected by a Warden/OIC or IGSA. Rejections are documented. It is standard practice to require a written request for permission to marry. Review of files show that all are in compliance. The written request includes a signed statement or comparable documentation from the intended spouse, confirming marital intent. The Warden/OIC provides a written copy of his/her decision to the Copies are on file in the OIC. detainee and his/her legal representative. When permission is denied, the Warden/OIC states the basis for his/her decision. The Warden/OIC provides the detainee with a place and time to make wedding arrangements. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: This facility has a sound program in regards to marriage request. The proper documentation is on file and completed according to standards. b6, b7c / June 19, 2008 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 27 of 73 NON-MEDICAL EMERGENCY ESCORTED TRIPS POLICY: THE IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) MAY PROVIDE DETAINEES WITH STAFF-ESCORTED TRIPS INTO THE COMMUNITY FOR THE PURPOSE OF VISITING CRITICALLY ILL MEMBERS OF THE DETAINEE’S IMMEDIATE FAMILY, OR FOR ATTENDING FUNERALS. STANDARD N/A: CHECK THIS BOX IF ALL ICE NON-MEDICAL EMERGENCY ESCORTED TRIPS ARE HANDLED ONLY BY THE ICE FIELD OFFICE OR SUB-OFFICE IN CONTROL OF THE DETAINEE CASE. COMPONENTS YES NO NA REMARKS The AFOD has been delegated The Field Office Director considers and approves, on a case-by-case by the FOD to approve all nonbasis, trips to an immediate family member's: medical escorted trips for Funeral; or detainees confined at the El Deathbed Centro Service Processing Center. The facility recognizes mother, father, brother, sister, spouse, child, stepparent, and foster parent as "immediate family". The IGSA facility notifies ICE of all detainee requests for non-medical escorts. Not applicable to ECSPC. The detainee’s Deportation Officer reviews the file before forwarding a detainee's request, with recommendation, to the approving official. Each recommendation addresses the individual's suitability for travel; e.g., the kind of supervision required. Each escort includes at least two officers. Escorting officers report unexpected situations to the originating facility as a matter of procedure, and the ranking supervisor on duty has the authority to issue instructions for completion of the trip. Escorting officers have the discretion to increase or decrease minimum restraints in accordance with written procedures and classification level of the detainee. Escort officers are precluded from accepting gifts/gratuities from a detainee, or detainee's relative or friend for any reason. Escort officers ensure that detainees: Conduct themselves in a manner that does not bring discredit to the ICE; Do not violate federal, state, or local laws; Do not purchase, possess, use, consume, or administer narcotics, other drugs, or intoxicants; Make no unauthorized phone calls; and Know they are subject to search, urinalysis, breathalyzer, or comparable test upon return. Standard procedure requires the immediate return to the facility of any detainee who violates trip rules. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: The AFOD has been delegated by the FOD to approve all non-medical escorted trips for detainees confined at the El Centro Service Processing Center. Appropriate post orders and instructions are available for escort staff. b6, b7c / June 19, 2008 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 28 of 73 RECREATION POLICY: IT IS ICE POLICY TO PROVIDE ACCESS TO RECREATIONAL PROGRAMS AND ACTIVITIES TO ALL ICE DETAINEES, TO THE EXTENT POSSIBLE, UNDER CONDITIONS OF SECURITY AND SUPERVISION THAT PROTECT THEIR SAFETY AND WELFARE. COMPONENTS The facility has a recreation program and facility. A recreational specialist (for facilities with more than 350 detainees) tailors the program activities and offerings to the detainee population. Regular maintenance keeps recreational facilities and equipment in good condition. The recreational specialist or trained equivalent supervises detainee recreation workers. The recreational specialist or trainee equivalent oversees recreation programs for special housing units (SHU) and special-needs detainees. Dayrooms offer sedentary activities, e.g., board games, cards, television. Outside activities are restricted to limited-contact sports. Each detainee has the opportunity to participate in daily recreation. Detainees have access to recreation activities outside the housing units for at least one hour daily, 5 days a week. Staff checks all items for damage and condition when equipment is returned. Staff conducts searches of recreation areas before and after use. Y N NA REMARKS This facility has a good recreation program run by Two recreation staff. The recreational inmate workers are supervised by recreation staff. There are board games, card games, as well as television offered in the dayrooms. Staff check all items for damage and report damages to the recreation staff for repairs or replacements. Searches are conducted before and after recreation times. All recreation areas under constant staff supervision. Supervising staff is equipped with radios. The facility provides detainees in the SHU at least one hour of outdoor recreation time daily, five times per week. Detainees in disciplinary/administrative segregation receive a written explanation when a panel revokes his/her recreation privileges. Special programs or religious activities are available to detainees. Volunteers are required to sign a waiver of liability before entering a secure portion of the facility where detainees are present. Visitors, relatives or friends are not allowed to serve as volunteers. If outdoor recreation is offered, check this box. No further information is required when outdoor recreation is offered. If the facility has no outside recreation, are detainees considered for transfer after six months? If yes, written procedures ensure timely review of all eligible detainees. Case officers make written transfer recommendations about every sixmonth detainee to the OIC. The OIC documents all detainee-transfer decisions, whether yes or no. The detainee’s written decision for or against an offered transfer documented in his/her A-file. Staff notifies the detainee’s legal representative of his/her decision to accept/decline a transfer. If no recreation is available, the ICE Districts routinely review transfer eligibility for all detainees after 60 days. The A-file of every detainee who is held more than 60 days without access to recreation contains either a transfer-waiver signed by the FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 29 of 73 RECREATION POLICY: IT IS ICE POLICY TO PROVIDE ACCESS TO RECREATIONAL PROGRAMS AND ACTIVITIES TO ALL ICE DETAINEES, TO THE EXTENT POSSIBLE, UNDER CONDITIONS OF SECURITY AND SUPERVISION THAT PROTECT THEIR SAFETY AND WELFARE. detainee, or the OIC’s written determination of the detainee’s ineligibility for transfer. The detainee’s legal representative is notified of the detainee’s/OIC’s decision. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: The facility provides access to recreational programs and activities to all ICE detainees to the extent possible under conditions of security and supervision that protect their safety and welfare. Indoor and outdoor recreation schedules allow detainee access to recreation a minimum of one hour daily, five days a week. / June 19, 2008 AUDITOR’S SIGNATURE / DATE b6, b7c FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 30 of 73 RELIGIOUS PRACTICES POLICY: FACILITIES WILL PROVIDE ICE DETAINEES OF ALL FAITHS WITH REASONABLE AND EQUITABLE OPPORTUNITIES TO PARTICIPATE IN THE PRACTICES OF THEIR FAITH, LIMITED ONLY BY THE CONSTRAINTS OF SAFETY, SECURITY, THE ORDERLY OPERATIONS OF THE FACILITY AND BUDGETARY CONSIDERATIONS. COMPONENTS REMARKS Y N NA Detainees are allowed to engage in religious services. A variety of religious services are provided. Space is available for detainees to conduct religious services. The facility allows detainees to observe the major “holy days” of their religious faith. List any exceptions. The facility accommodates recognized holy-day observances by: If a detainee wishes to observe Providing special meals, consistent with dietary restrictions; their religious holy-day they Honoring fasting requirements; need only put in a request to the Facilitating religious services; and Chaplain. Allowing activity restrictions. Each detainee is allowed religious items in his/her immediate possession. Volunteer’s credentials are checked and verified before allowing Volunteer credentials are participation in detainee programs. verified including NCIC checks. Members of faiths not represented by clergy may conduct their own services within security allowances. Chaplain conduct rounds to Detainees in the Special Management Unit are allowed to participate in provide ministry to the Special religious practices unless otherwise documented for the safety and Management Unit. security of the facility. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: The facility provides detainees of all faiths with reasonable and equitable opportunities to participate in the practice of their faith, limited only by the constraints of safety, security, the orderly operations of the facility and budgetary constraints. b6, b7c / June 19, 2008 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 31 of 73 VOLUNTARY WORK PROGRAM POLICY: IN EVERY FACILITY OFFERING A VOLUNTARY WORK PROGRAM, ICE DETAINEES WILL HAVE THE OPPORTUNITY TO WORK AND EARN MONEY BY PARTICIPATING. WHILE NOT LEGALLY REQUIRED, ICE AFFORDS DETAINEE WORKERS BASIC OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) PROTECTIONS. CHECK HERE IF ICE DETAINEES ARE NOT AUTHORIZED TO WORK AT THE IGSA FACILITY. AND MOVE TO NEXT SECTION. COMPONENTS Does the facility have a voluntary work program? Do ICE detainees participate? Y Detainee housekeeping meets neatness and cleanliness standards. Detainees have the opportunity to participate in special details, however, are never allowed to work outside the secure perimeter. Written procedures govern selection of detainees for the Voluntary Work Program. Where possible, physically and mentally challenged detainees participate in the program. The facility complies with work-hour requirements for detainees, not exceeding: Eight hours a day and Forty hours a week. Detainee volunteers generally work according to fixed schedule. If a detainee is removed from a work detail, staff places the written justification for the action in the detainee’s detention file. Staff, in accordance with written procedure, ensures that detainee volunteers understand their responsibilities as workers before they join the work program. The voluntary work program meets: OSHA, NFPA, ACA standards Medical staff screen and formally certify detainee food service volunteers. Before the assignment begins; and As a matter of written procedure Detainees receive safety equipment/ training sufficient for the assignment. Proper procedure is followed when an ICE detainee is injured on the job. ACCEPTABLE DEFICIENT N MARK NA ON FORM G-324A, PAGE 3 NA REMARKS Detainees participate in the facilities voluntary work program. Housing Units were neat and clean. Job orientations are completed upon entering the voluntary work program. Detainees must be cleared for work by medical prior to being considered for the voluntary work program. AT-RISK REPEAT FINDING REMARKS The facility offers a voluntary work program that allows the detainees the opportunity to work and earn money for participating. Detainees are medically cleared and properly placed into employment opportunities. Documentation of job training and medical screening are appropriately filed. / June 19, 2008 AUDITOR’S SIGNATURE / DATE b6, b7c FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 32 of 73 SECTION III. HEALTH SERVICES STANDARDS FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 33 of 73 HUNGER STRIKES POLICY: ALL FACILITIES WILL FOLLOW STANDARD GUIDELINES FOR THE MEDICAL AND ADMINISTRATIVE MANAGEMENT OF ICE DETAINEES ENGAGING IN HUNGER STRIKES. BY MONITORING OF THE HEALTH AND WELFARE OF THE INDIVIDUAL DETAINEES, FACILITIES WILL STRIVE TO SUSTAIN THEIR LIVES. COMPONENTS Y N NA REMARKS Reporting procedures are When a detainee has refused food for 72 hours, it is standard practice for outlined in Local Operating staff to refer him/her to the medical department. Procedure, LOP 811, "Hunger Strike Protocol" dated 11/05. LOP manual is reviewed annually for appropriateness. This is an ICE facility. Hunger CDFs and IGSAs immediately report a hunger strike to the ICE. strike is an event identified in the DIHS-USPHS Standard Operating Procedure, DIHS SOP 310, and “Required Notifications to ICE". The facility has established procedures to ensure staff respond Staff response is outlined in immediately to a hunger strike. LOP 811. There are four designated cells Policy and procedure require that staff isolate a hunger-striking detainee in the medical infirmary for from other detainees. housing a detainee who declares If yes, in an observation room? hunger strike. 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. The OIC of the facility obtains a hunger striker’s consent before medical treatment. A signed Refusal of Treatment form is required of every detainee who rejects medical evaluation or treatment. Monitoring is addressed in LOP 811, section C, "Medical Monitoring.” Obtaining informed consent for medical treatment is outlined in LOP 811, section E, "On Site Treatment". Refusal for treatment is documented on DIHS Form 820. During a hunger strike, staff document and provide the hunger-striking detainee three meals a day. Staff maintains the hunger striker’s supply of drinking water/other beverages. During a hunger strike, staff removes all food items from the hunger striker’s living area. Staff is directed to record the hunger striker’s fluid intake and food consumption; Does staff always use Hunger Strike Monitoring Form I839 or similar IGSA form. The medical staff has written procedures for treating hunger strikers. . DIHS Form I-839 is used in this facility to document food and fluid intake of a hunger striker. Medical intervention is outlined in LOP 811, sections E and F, "On Site Treatment" and "Involuntary Treatment.” Staff documents all treatment attempts, including attempts to persuade hunger striker of medical risks. 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. Hunger strike training is a mandatory topic during initial and annual refresher courses for all SPC, medical and nonmedical staff, including the FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 34 of 73 HUNGER STRIKES POLICY: ALL FACILITIES WILL FOLLOW STANDARD GUIDELINES FOR THE MEDICAL AND ADMINISTRATIVE MANAGEMENT OF ICE DETAINEES ENGAGING IN HUNGER STRIKES. BY MONITORING OF THE HEALTH AND WELFARE OF THE INDIVIDUAL DETAINEES, FACILITIES WILL STRIVE TO SUSTAIN THEIR LIVES. contract AKAL security service staff. Review of the initial and annual refresher training logs reflects training was provided. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: Medical services are provided to ICE by the Division of Immigration Health Services, U.S. Public Health Services (DIHS - USPHS). DIHS- USPHS Standard Operating Procedure, revised October 29, 2007 and Local Operating Procedure dated April 2006 have procedures outlining staff response and responsibility when a detainee declares a hunger strike. Hunger strike is an event identified in the DIHS-USPHS Standard Operating Procedure, SOP 310, and “Required Notifications to ICE". El Centro SPC has a standard operating procedure on hunger strikes, dated April 8, 2008. Hunger strike is a mandatory training topic for all ECSPC staff, medical staff, and contract security staff for the AKAL company. Training is conducted by the medical staff during initial and annual refresher training sessions. Review of the topic outline and power point presentation reflects full compliance with this standard. b6, b7c / June 19, 2008 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 35 of 73 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 Y N NA REMARKS The facility has current JCAHO Facilities operate a health care facility in compliance with state and local (September 2006), NCCHC laws and guidelines. (July 2006) and ACA (July 2006) accreditations. Intake medical screening is The facility’s in-processing procedures for arriving detainees include outlined in Local Operating medical screening. Procedure, LOP 802, "Medical Intake Screening Process." All detainees have access to and receive medical care. Access to medical care is outlined in the Inmate Handbook, and in LOP 218, "Access to Medical Care.” Interview with the nursing staff indicates access to medical care is discussed during the initial intake screening process. Review of outside medical The facility has access to a PHS/DIHS Managed Health Care referral log reflects appropriate Coordinator. and timely scheduling for specialized services not available in the facility. The log reviewed was for calendar year 06/2007 - 06/2008. There were 54 referrals for the review dates. 50 of 54 detainees were sent for the outside referrals appointments within a week after approval by DIHS headquarters. 4 of the 54 outside referrals were completed within 30-45 days due to inability to find a local provider; these 4 specialty referrals were sent to a San Diego consultant. There are 6 vacancies (4 The medical staff is large enough to provide, examine, and treat the nursing, 1 pharmacy technician, facility’s detainee population. and 1 mental health social worker). Interview with the HSA and the Clinical Director indicates current nursing staffing is adjusted to cover peak hours and evening shifts to meet the medical mission. The HSA and AHSA are registered nurses who performs clinical duties as needed during the business hours from 0700-1500. The facility has sufficient space and equipment to afford detainee privacy when receiving health care. The medical facility has its own restricted-access area. The restricted access area is located within the confines of the secure perimeter. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 36 of 73 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. The medical facility entrance includes a holding/waiting room. There is two custodial staff The medical facility’s holding/waiting room is under the direct assigned to the medical unit at supervision of custodial staff. all times. Detainees in the holding/waiting room have access to a drinking fountain. Medical records are kept apart from other files. They are: The facility has electronic Secured in a locked area within the medical unit; medical records which are accessible only by the medical With physical access restricted to authorized medical staff; and staff. Procedurally, no copies made and placed in detainee files. Pharmaceuticals are stored in a secure area. Tuberculosis surveillance is Medical screening includes a Tuberculosis (TB) test. outlined in LOP 8.30, Every arriving detainee receives a TB test during the admission "Tuberculosis Prevention, process; Treatment, and Control.” All Detainee’s TB-screening does not occur more than one business detainees are screened for signs day after his/her arrival at the facility; and and symptoms of active TB on Detainees not screened are housed separate from the general admission during intake population. screening. On arrival, chest xrays are performed on all detainees who do not have a current negative chest x-ray report on their transfer documents. 100 of 100 records reviewed reflected full compliance with the policy. Mental Health Screening is All detainees receive a mental-health screening upon arrival. It is conducted by the nursing staff conducted: on arrival. 100 of 100 records By a health care provider or specially trained officer; and reflects all detainees received Before a detainee’s assignment to a housing unit. mental health intake screening on admission. The facility health care provider promptly reviews all I-794s (or All medical transfer records are equivalent) to identify detainees needing medical attention. reviewed by the nursing staff during intake screening and referred to the appropriate provider as needed. The health care provider physically examines/assesses arriving detainees 100 of 100 records reviewed within 14 days of admission/arrival at the facility. reflect physical assessments are conducted by the midlevel practitioners within 3 to 12 days of arrival. Sick call slips are available in Detainees in the Special Management Unit have access to health care the Special Management unit services. (SMU) and collected daily by the nursing staff. Requests are prioritized for appointments with the midlevel provider(s). Staff provides detainees with health services (sick call) request slips Sick call request forms in daily, upon request. English and Spanish are Request slips are available in languages other than English, available in all housing units including every language spoken by a sizeable number of the and collected daily by the facility’s detainee population. nursing staff. Service-request slips are delivered in a timely fashion to the FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 37 of 73 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. health care provider. There is 24-hour nursing The facility has a written plan for the delivery of 24-hour emergency coverage. A midlevel health care when no medical personnel are on duty at the facility, or when practitioner on-call during nonimmediate outside medical attention is required. business hours, 7 days per week. DIHS SOP 3.18.1, "Afer-Hours The plan includes an on-call provider. Medical Coverage" identifies the midlevel provider as first call and the clinical director as second call. Interview with the clinical director indicates he is on available for telephonic consultation 24 hours per day, 7 days per week. The plan includes a list of telephone numbers for local ambulance and hospital services. The plan includes procedures for facility staff to utilize this emergency health care consistent with security and safety. All SPC, medical and contract Detention staff is trained to respond to health-related emergencies within AKAL security staff have a 4-minute response time. current CPR certifications on record. Where staff is used to distribute medication, a health care provider Medications are distributed by properly trains these officers. the nursing staff. The medical unit keeps written records of medication that is distributed. The Form I-819 (or IGSA equivalent) is used to notify the Procedures and appropriate Warden/Facility of a detainee that has special medical needs. notification regarding detainees with special needs are addressed in the DIHS SOP 8.20, "Detainee Special Needs". Informed consent is outlined in A signed and dated consent form is obtained from a detainee before DIHS SOP 2.1, Prerequisites for medical treatment is administered. Treatment, section 2.1.1, "Informed Consent". Detainees use the I-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 release, transfer, or removal of a detainee. The In-Transit form is used to Detainee's medical records or a copy thereof, are available and indicate the detainee's pertinent transferred with the detainee. history and medical needs during transfer. Medical records are placed in a sealed envelope or other container labeled with the detainee's name and A-number and marked "MEDICAL CONFIDENTIAL”. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: El Centro Service Processing Center (ECSPC) has current accreditations by the Joint Commission on the Accreditation of Health Care Organizations (JCAHO) dated September 2006; by the National Commission on Correctional Health Care (NCCHC) dated July 2006; and by the Commission on Accreditation for Corrections and the American Correctional Association (ACA) dated July 2006. Medical FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 38 of 73 Services are provided by the Division of Immigration Health Services U.S. Public Health Services (DHIS - USPHS). DIHS-USPHS Standard Operating Procedure (DIHS SOP) Manual dated October 29, 2007 has current revisions and annual review documentation. The Local Operating Procedures manual has current revision dated April 2006 with current annual review documentation. Interview with the Health Services Administrator (HSA) indicates the medical unit is authorized for 30 staff positions. Current staffing has six vacancies: four nursing staff, one pharmacy technician, and one mental health social worker. There are three registered nurses (RNs) scheduled for interviews on June 20, 2008. One nursing position has been filled with a licensed vocational nurse (LVN) who will report for duty on June 30, 2008. Interview with the HSA, indicated current staffing is adjusted to cover peak hours to meet the medical mission. The HSA and the Assistant HSA are RNs and performs clinical nursing duties during business hours as needed. Current staffing consists of 24 full time staff: one Clinical/Medical Director, one HSA, one Assistant HSA, one nurse practitioner, two physician assistants - certified (PACs), seven RNs, five LVNs, two medical records technicians (MRTs), one dentist, one dental assistant, one pharmacist and one administrative assistant. The unit is authorized to hire three part time staff for peak time coverage (one PAC, one RN, and one MRT) until staffing is at full complement. There is a contract psychologist (eight hours per week) and a psychiatrist (eight hours every two weeks). Interview with the contract psychiatrist indicated the mental health program is adequate and he is able to conduct monthly mental health chronic care monitoring of the 20 detainees on mental health chronic care clinic. The psychiatrist indicated he is available for telephonic consultation at any time seven days for detainees on psychotropic medications or with history of mental illness. The clinical director makes adjustments of psychotropic medications as needed with consultation with the psychiatrist. There are currently 154 detainees on medical chronic care clinics and review of 50 records indicate 50 of 50 detainees on chronic care are seen at least monthly or sooner, as scheduled by the midlevel provider. There is 24-hour nursing coverage and all detainees report to the medical clinic for scheduled medications/pill line except those housed in the Special Management Unit (SMU). The nursing staff delivers medications at SMU and collects sick call slips daily. Intake medical and mental health screening is conducted by the nursing staff on admission. All 100 records reviewed reflected medical and mental health screening were conducted on admission. The detainee is instructed on procedures to access medical care including the use of the sick call request slips. Sick call request forms are available in English and Spanish. Tuberculosis (TB) screening is performed using chest x-rays. All detainees are screened for signs and symptoms of active TB on admission during intake screening. Chest x-rays are performed on all detainees who do not have a current negative chest x-ray reports on their transfer documents. All 100 records reviewed reflected TB screening policy was followed. A review of 100 records reflected the physical examinations were completed by the midlevel practitioner within 3 to 12 days of admission. The referral to outside specialty services log was reviewed for the calendar period of June 2007 to June 2008. There were 54 outside referrals. DIHS notifications to headquarter were done within 1-2 days of the noted order from the practitioner. DIHS approval was received within 1-2 days of the request. Of the 54, four detainees were sent for the outside specialist appointments within a week after approval by DIHS headquarters. Four of the 54 outside referrals were completed within 45 days due to the inability to find a local provider and the availability of appointment at the specialists' office. The four specialty referrals were sent to a San Diego consultant. All SPC, medical and contract AKAL security staff have current CPR certifications at the time of this review. b6, b7c / June 19, 2008 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 39 of 73 SUICIDE PREVENTION AND INTERVENTION POLICY: ALL DETENTION STAFF WORKING WITH ICE DETAINEES WILL BE TRAINED TO RECOGNIZE SUICIDE-RISK INDICATORS. STAFF WILL HANDLE POTENTIALLY SUICIDAL INDIVIDUALS WITH SENSITIVITY, SUPERVISION, AND REFERRALS. A CLINICALLY SUICIDAL DETAINEE WILL RECEIVE PREVENTIVE SUPERVISION AND TREATMENT. COMPONENTS Y N NA REMARKS Suicide prevention training is Every new staff member receives suicide-prevention training. Suicidemandatory for all SPC, medical prevention training occurs during the employee orientation program. and contract AKAL security service staff. The training is reflected in the attendance records of the initial and annual refresher training sessions. Training prepares staff to: The training topic outline on Recognize potentially suicidal behavior; suicide prevention was reviewed Refer potentially suicidal detainees, following facility and meets the requirement of procedures; and this standard. Understand and apply suicide-prevention techniques. A health-care provider or specially trained officer screens all detainees for 100 of 100 (100/100) records suicide potential as part of the admission process. reviewed reflects mental health screening is conducted by the Screening does not occur later than one working day after the nursing staff on arrival. detainee’s arrival. Referral procedures are outlined Written procedures cover when and how to refer at-risk detainees to in LOP 1703 "Suicide medical staff and procedures are followed. Prevention Program." There is a designated isolation The facility has a designated isolation room for evaluation and treatment. cell in the medical unit to be used for housing the detainee on suicide watch. The designated isolation room does not contain any structures or smaller items that could be used in a suicide attempt. Medical staff has approved the room for this purpose. Monitoring of a detainee Staff observes and documents the status of a suicide-watch detainee at requiring constant observation is least once every 15 minutes. outlined in LOP 1703. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: All ECSPC, medical and contract AKAL security staff receive mandatory suicide prevention training at initial and annual refresher sessions. The training is conducted by the PHS medical staff. Three records of detainees who were previously on suicide watch reflected the suicide policy procedures were followed. An interview with the contract psychiatrist reflected he has read the suicide prevention program and the procedures are adequate and in accordance to community mental health standards for suicide prevention, monitoring and treatment. b6, b7c / June 19, 2008 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 40 of 73 TERMINAL ILLNESS, ADVANCED DIRECTIVES, AND DEATH POLICY ALL FACILITIES HOUSING ICE DETAINEES SHALL HAVE POLICIES AND PROCEDURES ADDRESSING THE ISSUES OF TERMINAL ILLNESS OR INJURY, MEDICAL ADVANCED DIRECTIVES, AND DETAINEE DEATH, TO INCLUDE THE PROCEDURES TO ENSURE PROPER NOTIFICATION IS PROVIDED TO ICE OFFICIALS, FAMILY MEMBERS AND OTHER INTERESTED PARTIES IN THE EVENT OF A DETAINEE BECOMING TERMINALLY ILL OR INJURED OR DEATH OF A DETAINEE OCCURS. IN ADDITION, THE POLICY WILL COVER PROCEDURES TO BE TAKEN IF THE DEATH OF A DETAINEE OCCURS WHILE IN TRANSIT. CHECK THIS BOX IF THE FACILITY DOES NOT ACCEPT ICE DETAINEES WHO ARE SEVERELY OR TERMINALLY ILL. INDICATE NA IN THE APPROPRIATE BOX FOR THIS PORTION OF THE WORKSHEET. ALWAYS COMPLETE ALL REFERENCES TO DETAINEE DEATH AND RELATED NOTIFICATIONS. COMPONENTS Y N NA REMARKS 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 The limitations placed on visiting. 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 wishes to appoint another to make advance decisions for him or her. The guidelines provide the detainee the opportunity to have a private attorney prepare the documents. There is a policy addressing "Do Not Resuscitate Orders” Detainees 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 is made through the local ICE representative. ECSPC has the capability of providing supportive care for the detainee with serious/terminal illness. Only those detainees requiring invasive monitoring or specialty-based medical treatment beyond the capability of the facility will be transferred to the local hospital as outlined by LOP 801, General Medical Care, and section on "Scope of Medical Services.” Notification of the next of kin by ICE is outlined in ECSPC SOP "Terminal Illness, Advance Directives, and Death" dated March 24, 2008. DIHS SOP 2.4, "Notification of Next of Kin and Local Authorities" addresses USPHS procedure of notifying the Assistant Field Office Director (AFOD). Outlined in the ECSPC SOP, section B, "Living Wills" and in the DIHS SOP 2.6.0 "Advanced Directives ". Outlined in DIHS SOP 2.6.1 "Living Wills." Do Not Resuscitate (DNR) procedures are addressed in the ECSPC SOP, section C and in the DIHS SOP 2.6.2 "Obtaining Do Not Resuscitate." Supportive medical care of the detainee with terminal/serious illness is within the scope services outlined in LOP 801, "Scope of Medical Services.” Outlined in DIHS SOP 3.10, "Required Notifications.” FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 41 of 73 TERMINAL ILLNESS, ADVANCED DIRECTIVES, AND DEATH POLICY ALL FACILITIES HOUSING ICE DETAINEES SHALL HAVE POLICIES AND PROCEDURES ADDRESSING THE ISSUES OF TERMINAL ILLNESS OR INJURY, MEDICAL ADVANCED DIRECTIVES, AND DETAINEE DEATH, TO INCLUDE THE PROCEDURES TO ENSURE PROPER NOTIFICATION IS PROVIDED TO ICE OFFICIALS, FAMILY MEMBERS AND OTHER INTERESTED PARTIES IN THE EVENT OF A DETAINEE BECOMING TERMINALLY ILL OR INJURED OR DEATH OF A DETAINEE OCCURS. IN ADDITION, THE POLICY WILL COVER PROCEDURES TO BE TAKEN IF THE DEATH OF A DETAINEE OCCURS WHILE IN TRANSIT. CHECK THIS BOX IF THE FACILITY DOES NOT ACCEPT ICE DETAINEES WHO ARE SEVERELY OR TERMINALLY ILL. INDICATE NA IN THE APPROPRIATE BOX FOR THIS PORTION OF THE WORKSHEET. ALWAYS COMPLETE ALL REFERENCES TO DETAINEE DEATH AND RELATED NOTIFICATIONS. COMPONENTS Y N NA REMARKS Outlined in ECSPC SOP, section D and in the DIHS SOP 2.6.4, "Organ Donation.” Death is a reportable event as addressed in the DIHS SOP 3.10 "Required Notifications.” ECSPC SOP, section E, "Death Occurring in ICE Custody" addresses the facility's notification procedures. 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. The facility has a policy and procedure to address the death of a detainee while in transport. At all ICE locations the detainee’s remains disposed of in accordance with the provisions detailed in this standard. ECSPC SOP section G addresses procedures regarding disposition of remains. 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? An original or certified copy of a detainee’s death certificate is placed in the subject's a-file. 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 transportation of the body. ICE staff follows established procedures to properly close the case of a deceased detainee. ACCEPTABLE DEFICIENT Outlined in ECSPC SOP, section I, "Death Certificate". Outlined in ECSPC SOP, section J, "Authority to Order Autopsies". Case Closure is outlined in the ECSPC SOP, section H. AT-RISK REPEAT FINDING REMARKS: An interview with the clinical director and the health services administrator indicates the facility has the capability of providing medical supportive care to the detainee with terminal or serious illness. Any detainee whose condition has deteriorated to an acuity level requiring invasive monitoring not available at the facility or requiring specialty-based medical treatment will be reviewed by the clinical director, who will then fill out the required DIHS transfer referral form and notify the AFOD prior to transferring the detainee to the local hospital. This procedure is outlined in LOP 801, "Scope of Medical Services" and LOP 804, "Authorization for Off-Site Referral and Hospital Admission.” DIHS honors the Patient Self-Determination Act of 1990, Public Law 101-508; 104 Statute 1388, which requires that health care institutions inform patients of their right to participate in and direct health care decisions by implementing, advanced directives. Detainees who wish to execute advanced directives are provided the generic State of California Advanced Directive forms or are assisted to contact his private attorney to implement living wills/advanced directive decision, as FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 42 of 73 outlined in SOP 2.6.0 "Advanced Directives, 6.2.1 "Living Wills." DIHS USPHS medical staff notifies the AFOD when the detainee is determined to have a serious or terminal illness or in the event of detainee death. DIHS "Required Notification(s)" to the AFOD include the detainee's wish to execute advance directive/living wills documents including a "Do Not Resuscitate (DNR) decision. ECSPC SOP "Terminal Illness, Advance Directives and Death" addresses all the facility's policy and procedures that meets the requirements of this standard. There were no detainee death records to review during the period of the current DIHS policy revision of April 2006 to present. b6, b7c / June 19, 2008 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 43 of 73 SECTION IV. SECURITY AND CONTROL CONTRABAND POLICY: ALL DETENTION FACILITIES WILL ENSURE THE PROPER HANDLING AND DISPOSAL OF ALL CONTRABAND. DOCUMENTATION OF CONTRABAND DESTRUCTION IS REQUIRED. COMPONENTS Y N NA REMARKS The facility follows a written procedure for handling illegal contraband. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 44 of 73 CONTRABAND POLICY: ALL DETENTION FACILITIES WILL ENSURE THE PROPER HANDLING AND DISPOSAL OF ALL CONTRABAND. DOCUMENTATION OF CONTRABAND DESTRUCTION IS REQUIRED. COMPONENTS Y N NA REMARKS Staff inventory, hold, and report it when necessary to the proper authority for action/possible seizure. Contraband that is government property is retained as evidence for potential disciplinary action or criminal prosecution. Staff returns property not needed as evidence to the proper authority. Written procedures cover the return of such property. Altered property is destroyed following documentation and using established procedures. Before confiscating religious items, the OIC or designated investigator contacts a religious authority. Staff follows written procedures when destroying hard contraband that is illegal. Hard contraband that is illegal (under criminal statutes) may be retained and used for official use, e.g. training purposes. If yes, under specific circumstances and using specified written procedures. Hard contraband is secured when not in use. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: All seized contraband is appropriately recorded and stored, pending disposition in the AFOD's office safe. b6, b7c / June 19, 2008 UDITOR S IGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 45 of 73 DETENTION FILES POLICY: EVERY FACILITY WILL CREATE A DETENTION FILE FOR EVERY ICE DETAINEE BOOKED INTO THE FACILITY, EXCLUDING ONLY DETAINEES SCHEDULED TO DEPART WITHIN 24 HOURS. THE DETENTION FILE WILL CONTAIN COPIES AND, IN SOME CASES, THE ORIGINAL OF SPECIFIED DOCUMENTS CONCERNING THE DETAINEE'S STAY IN THE FACILITY: CLASSIFICATION SHEET, MEDICAL QUESTIONNAIRE, PROPERTY INVENTORY SHEET, DISCIPLINARY DOCUMENTS, ETC. COMPONENTS Y N NA REMARKS Detention files are well A detention file is created for every new arrival whose stay will exceed maintained and arranged by 24 hours. security level. They contain the Form I-385, DCS form, medical questionairre, property inventory sheet, Record of Search, disciplinary records, and other pertient documents related to the detainees stay. The detainee detention file contains either originals or copies of documentation and forms generated during the admissions process. The detainee’s detention file also contains documents generated during the detainee’s custody. Special requests Any G-589s and/or I-77s closed-out during the detainee’s stay Disciplinary forms/Segregation forms Grievances, complaints, and the disposition(s) of same Detention files are mainitained The detention files are located and maintained in a secure area. If not, the in the Intake/Release cabinets are lockable and distribution of the keys is limited to Department. The files are in a supervisors. secure area. The detention file remains active during the detainee’s stay. When the detainee is released from the facility, staff adds copies of completed release documents, the original closed-out receipts for property and valuables, the original I-385 or equivalent, and other documentation. The officer closing the detention file makes a notation that the file is complete and ready to be archived. Staff makes copies and sends documents from the file when properly requested by supervisory personnel at the receiving facility or office. The SDDO and Processing Officer have keys to the Detention Files. Removed files are logged out and in. Appropriate staff has access to the detention files, and other departmental requests are accommodated by making a request for the file. Each file is properly logged out and in by a representative of the responsible department. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: Detention files contain information as directed by policy and they are well maintained, orderly, and kept in a secure area of the facility. / June 19, 2008 AUDITOR’S SIGNATURE / DATE b6, b7c FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 46 of 73 CONTRABAND POLICY: ALL DETENTION FACILITIES WILL ENSURE THE PROPER HANDLING AND DISPOSAL OF ALL CONTRABAND. DOCUMENTATION OF CONTRABAND DESTRUCTION IS REQUIRED. COMPONENTS Y N NA REMARKS The facility follows a written procedure for handling illegal contraband. Staff inventory, hold, and report it when necessary to the proper authority for action/possible seizure. Contraband that is government property is retained as evidence for potential disciplinary action or criminal prosecution. Staff returns property not needed as evidence to the proper authority. Written procedures cover the return of such property. Altered property is destroyed following documentation and using established procedures. Before confiscating religious items, the OIC or designated investigator contacts a religious authority. Staff follows written procedures when destroying hard contraband that is illegal. Hard contraband that is illegal (under criminal statutes) may be retained and used for official use, e.g. training purposes. If yes, under specific circumstances and using specified written procedures. Hard contraband is secured when not in use. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: All seized contraband is appropriately recorded and stored pending disposition in the AFOD's office safe. b6, b7c / June 19, 2008 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 47 of 73 ENVIRONMENTAL HEALTH AND SAFETY POLICY: EVERY FACILITY WILL CONTROL FLAMMABLE, TOXIC, AND CAUSTIC MATERIALS THROUGH A HAZARDOUS MATERIALS PROGRAM. THE PROGRAM WILL INCLUDE, AMONG OTHER THINGS, THE IDENTIFICATION AND LABELING OF HAZARDOUS MATERIALS IN ACCORDANCE WITH APPLICABLE STANDARDS (E.G., NATIONAL FIRE PROTECTION ASSOCIATION [NFPA]); IDENTIFICATION OF INCOMPATIBLE MATERIALS, AND SAFE-HANDLING PROCEDURES COMPONENTS Y N NA REMARKS The facility has a system for storing, issuing, and maintaining inventories Local policy, Environmental of hazardous materials. Health and Safety, dated April 17, 2008 establishes a system for the control of all hazardous materials. Constant inventories are maintained for all flammable, toxic, and caustic Inventories are maintained on substances used/stored in each section of the facility. all hazardous chemicals. The tool room officer maintains MSDS's and inventories of all materials. The manufacturer’s Material Safety Data Sheet (MSDS) file is up-to-date for every hazardous substance used. MSDS's are maintained in all The files list all storage areas, and include a plant diagram and areas where hazardous materials legend. are used. The MSDSs and other information in the files are available to personnel managing the facility’s safety program. All personnel using flammable, toxic, and/or caustic substances follow the prescribed procedures. They: Wear personal protective equipment; and Report hazards and spills to the designated official. The MSDSs are readily accessible to staff and detainees in work areas. MSDS's books are available. The process is well supervised Hazardous materials are always issued under proper supervision. and only limited amounts are Quantities are limited; and allowed inside the secure Staff always supervises detainees using these substances. perimeter. All "flammable” and “combustible" materials (liquid and aerosol) are stored and used according to label recommendations. Lighting fixtures and electrical equipment installed in storage rooms and other hazardous areas meet National Electrical Code requirements. The facility has sufficient ventilation, and provides and ensures clean air exchanges throughout all buildings. All vents and air conditioning Vents return vents, and air conditioning ducts are not blocked or ducts are checked daily and obstructed in cells or anywhere in the facility. filters changed monthly. Living units are maintained at appropriate temperatures in accordance with industry standards. (68 to 74 degrees in the winter and 72 to 78 degrees in the summer.) Shower and sink water temperatures do not exceed the industry standard of 120 degrees. All toxic and caustic materials are stored in their original containers in a Until they are diluted and placed secure area. in marked bottles. Excess flammables, combustibles, and toxic liquids are disposed of properly 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., There are no products shoe dye. All such products are clearly labeled. "Accountability" containing methyl alcohol. includes issuing such products to detainees in the smallest workable quantities. Every employee and detainee using flammable, toxic, or caustic materials FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 48 of 73 ENVIRONMENTAL HEALTH AND SAFETY POLICY: EVERY FACILITY WILL CONTROL FLAMMABLE, TOXIC, AND CAUSTIC MATERIALS THROUGH A HAZARDOUS MATERIALS PROGRAM. THE PROGRAM WILL INCLUDE, AMONG OTHER THINGS, THE IDENTIFICATION AND LABELING OF HAZARDOUS MATERIALS IN ACCORDANCE WITH APPLICABLE STANDARDS (E.G., NATIONAL FIRE PROTECTION ASSOCIATION [NFPA]); IDENTIFICATION OF INCOMPATIBLE MATERIALS, AND SAFE-HANDLING PROCEDURES COMPONENTS Y N NA REMARKS receives advance training in their use, storage, and disposal. The facility complies with the most current edition of applicable codes, standards, and regulations of the National Fire Protection Association and b2 high the Occupational Safety and Health Administration (OSHA). b2 high A technically qualified officer conducts the fire and safety inspections. The Safety Office (or officer) maintains files of inspection reports. The facility has an approved fire prevention, control, and evacuation plan. 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 diagrammed area. Fire drills are conducted and documented monthly. A sanitation program covers barbering operations. The barber shop has the facilities and equipment necessary to meet sanitation requirements. The sanitation standards are conspicuously posted in the barbershop. Written procedures regulate the handling and disposal of used needles and other sharp objects. All items representing potential safety or security risks are inventoried and a designated individual checks this inventory weekly. maintenance of the fire alarm system, sprinkler system, hood systems, emergency generators, and emergency lighting is not being conducted as required by NFPA Fire Codes. There is an alternate Safety position filled by an ICE, SIEA Supervisor assigned the responsibility. The plan has been approved by the AFOD and reviewed by the Federal Fire Department at the Seely Navel Base and the El Centro City Fire Department. Posted evacuation signs needs to be re-evaluated to ensure proper placement. Review of the documentation indicated that the housing units were not receiving quarterly drills from each shift but corrective actions were taken and drills are now being conducted as required. Local Policy, Environmental Health and Safety, dated April 17, 2008 fully addresses barbering operation and sanitation controls. Located in the recreation center. Weekly inspections are conducted throughout the FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 49 of 73 ENVIRONMENTAL HEALTH AND SAFETY POLICY: EVERY FACILITY WILL CONTROL FLAMMABLE, TOXIC, AND CAUSTIC MATERIALS THROUGH A HAZARDOUS MATERIALS PROGRAM. THE PROGRAM WILL INCLUDE, AMONG OTHER THINGS, THE IDENTIFICATION AND LABELING OF HAZARDOUS MATERIALS IN ACCORDANCE WITH APPLICABLE STANDARDS (E.G., NATIONAL FIRE PROTECTION ASSOCIATION [NFPA]); IDENTIFICATION OF INCOMPATIBLE MATERIALS, AND SAFE-HANDLING PROCEDURES COMPONENTS Y N NA REMARKS facility to identify safety hazards. Standard cleaning practices include: Using specified equipment; cleansers; disinfectants and detergents. An established schedule of cleaning and follow-up inspections. The facility follows standard cleaning procedures. Spill kits are readily available. A licensed medical waste contractor disposes of infectious/bio-hazardous waste. Staff is trained to prevent contact with blood and other body fluids and written procedures are followed. Do the methods for handling/disposing of refuse meet all regulatory requirements? 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 schedule. 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 replacements). ACCEPTABLE DEFICIENT Stericycle Inc. provides all medical waste disposal. American Pest Control is contracted to provide all pestcontrol operations. City provided and tested as required by standards. AT-RISK REPEAT FINDING REMARKS: The fire safety program affords staff and detainees a level of safety that presents no imminent life safety concerns. The fire safety systems throughout the facility to include fire alarms, sprinkler systems, kitchen hood fire suppression systems, emergency generators and emergency lighting/exit lights are not being inspected and tested on a monthly, quarterly, or annual schedule as required by the National Fire Protection Association (NFPA) standards, NFPA 72, NFPA 25 and NFPA 17A, NFPA 110, and NFPA 70. There is a contract with Candelaria Corporation effective 09/19/07 to perform the requirements of testing, inspecting and maintenance of these systems. On-site inspection and review of documentation failed to indicate services by Candelaria are being performed and monitored as required by the statement of work. Candelaria Corporation was notified by facility staff of this oversight and is scheduled to begin contract performance on Monday June 23, 2008. Management should provide direct oversight and supervision of the contractor to ensure compliance. b2 high FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 50 of 73 b2 high Review of documentation for fire drills indicated that the housing units were not receiving quarterly drills from each shift. Corrective action was taken and drills are now being conducted as required. Continued monitoring of the fire drill exercises is essential to ensure staff and detainees, are aware of their responsibilities in emergencies. b6, b7c / June 19, 2008 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 51 of 73 HOLD ROOMS IN DETENTION FACILITIES POLICY: HOLD ROOMS WILL BE USED ONLY FOR TEMPORARY DETENTION OF DETAINEES AWAITING REMOVAL, TRANSFER, EOIR HEARINGS, MEDICAL TREATMENT, INTRA-FACILITY MOVEMENT, OR OTHER PROCESSING INTO OR OUT OF THE FACILITY. COMPONENTS Y N NA REMARKS 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. Bunks, cots, beds, or other related make-shift sleeping apparatus are precluded from use inside hold rooms. The walls and ceilings of the hold rooms are tamper and escape proof. Documentation of supervision Individuals are not held in hold rooms for more than 12 hours. and 15 minute checks maintained electronically. Male and females are segregated from each other. Females are not confined at ECSPC. Detainees under the age of 18 are not held with adult detainees. Detainees are provided with basic personal hygiene items such as water, soap, toilet paper, cups for water, feminine hygiene items, diapers and wipes. In older facilities, officers are within visual or audible range to allow Detainees are within view of detainees access to toilet facilities on a regular basis. supervisory staff. All detainees are given a pat down search for weapons or contraband before being placed in the room. Officers closely supervise the detention hold rooms using direct supervision (Irregular visual monitoring.). Hold rooms are irregularly monitored every 15 minutes. Unusual behavior or complaints are noted. When the last detainee has been removed from the hold room, it is given a thorough inspection. There is a written evacuation plan that includes a designated 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 emergency may exist. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: Intake and release processing is conducted in a professional manner. Detainees are searched appropriately and interviewed by staff to determine classification, housing, separation, and medical/psychiatric concerns. b6, b7c / June 19, 2008 UDITOR S IGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 52 of 73 KEY AND LOCK CONTROL (SECURITY, ACCOUNTABILITY AND MAINTENANCE) POLICY IT IS THE POLICY OF THE ICE SERVICE TO MAINTAIN AN EFFICIENT SYSTEM FOR THE USE, ACCOUNTABILITY AND MAINTENANCE OF ALL KEYS AND LOCKS. COMPONENTS Y N NA REMARKS The security officer[s], or equivalent in IGSAs, has attended an approved locksmith training program. The security officer, or equivalent in IGSAs, has responsibly for all administrative duties and responsibilities relating to keys, locks etc. The security officer, or equivalent in IGSAs, provides training to employees in key control. The security officer, or equivalent in IGSAs, maintains inventories of all keys, locks and locking devices. The security officer follows a preventive maintenance program and maintains all preventive maintenance documentation. Facility policies and procedures address the issue of compromised keys and locks. The security officer, or equivalent in IGSAs, develops policy and procedures to ensure safe combinations integrity. Every lock in the facility is physically inspected by the Security Officer. . 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. b2 high Grand master keying systems are prohibited. All worn or discarded keys and locks are cut up and properly disposed of. Padlocks and/or chains are prohibited from use on cell doors. The entrance/exit door locks to detainee living quarters, or areas with an occupant load of 50 or more people, conform to: Occupational Safety and Environmental Health Manual, Ch. 3; National Fire Protection Association Life Safety Code 101. The operational keyboard is sufficient to accommodate all the facility key rings, including keys in use, and is located in a secure area. Procedures are in place to ensure that key rings are: Identifiable; The numbers of keys are cited; and Keys cannot be removed. Emergency keys are available for all areas of the facility. The facilities use a key accountability system. Authorization is necessary to issue any restricted key. Individual gun lockers are provided. They are located in an area that permits constant officer observation. In an area that does not allow detainee or public access. The facility has a key accountability policy and procedures to ensure key accountability. The keys are physically counted daily. b2 high Combination of the automated Key Watch Control/Issue Cabinet and conventional check out from the Control Center. It FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 53 of 73 KEY AND LOCK CONTROL (SECURITY, ACCOUNTABILITY AND MAINTENANCE) POLICY IT IS THE POLICY OF THE ICE SERVICE TO MAINTAIN AN EFFICIENT SYSTEM FOR THE USE, ACCOUNTABILITY AND MAINTENANCE OF ALL KEYS AND LOCKS. COMPONENTS Y N NA REMARKS is noted that the daily accounting procedures of all keys throughout the facility was effective June 16, 2008 All staff members are trained and held responsible for adhering to proper procedures for the handling of keys. Issued keys are returned immediately in the event an employee inadvertently carries a key ring home. When a key or key ring is lost, misplaced, or not accounted for, the shift supervisor is immediately notified. Detainees are not permitted to handle keys assigned to staff. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: b2 high / June 19, 2008 AUDITOR’S SIGNATURE / DATE b6, b7c FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 54 of 73 POPULATION COUNTS POLICY: ALL DETENTION FACILITIES SHALL ENSURE AROUND-THE-CLOCK ACCOUNTABILITY FOR ALL DETAINEES. THIS REQUIRES THAT THEY CONDUCT AT LEAST ONE FORMAL COUNT OF THE DETAINEE POPULATION PER SHIFT, WITH ADDITIONAL FORMAL AND INFORMAL COUNTS CONDUCTED AS NECESSARY. COMPONENTS Y N NA REMARKS Staff conduct a formal count at least once each shift. There are 6 formal counts every twenty-four hours. Activities cease or are strictly controlled while a formal count is being conducted. Certain operations cease during formal counts. All movement ceases for the duration of a formal count. Formal counts in all units take place simultaneously. Detainee participation in counts is prohibited. A face-to-photo count follows each unsuccessful recount. A face-to-photo count is conducted after an unsuccessful recount and at the 10:30PM count. The 8:30AM, 3:30PM and 10:30PM Face to Photo Count was observed by the reviewers with no concerns noted. Officers positively identify each detainee before counting him/her as present. Written procedures cover informal and emergency counts. They are followed during informal counts and emergencies. The control officer (or other designated position) maintains an out count record of all detainees temporarily leaving the facility. This training is documented in each officer’s training folder. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: Count procedures and detainee compliance with count procedures are very effective. Movement in the units is curtailed during counts. Out counts are managed by the control center officer and are documented with count slips no different from those conducted in the living units. Local policy, counts and post orders, effectively outlines appropriate count practices. b6, b7c / June 19, 2008 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 55 of 73 POST ORDERS POLICY: ICE PROVIDES OFFICERS ALL NECESSARY GUIDANCE FOR CARRYING OUT THEIR DUTIES. THIS GUIDANCE INCLUDES THE POST ORDERS ESTABLISHED FOR EVERY POST, WHICH ARE REVIEWED AT LEAST ANNUALLY, AND GIVEN TO EACH OFFICER UPON ASSIGNMENT TO THAT POST. COMPONENTS Y N NA REMARKS Every fixed post has a set of post orders. Each set contains the latest inserts (emergency memoranda, etc.) and revisions. Post orders are available to all One individual or department is responsible for keeping all post-orders staff on each of the 38 current with revisions that take place between reviews. established posts. The IGSA maintains a complete set (central file) of post orders. The SPC maintains a central file of post orders The central file is accessible to all staff. The OIC or Contract / IGSA equivalent initiates/authorizes all post-order changes. The OIC or Contract / IGSA equivalent has signed and dated the last page of every section. A review/updating/reissuing of post orders occurs regularly and at a minimum, annually. Procedures keep post orders and logbooks secure from detainees at all Post orders are secured when times. not is use. Every armed-post officer qualifies with the post weapon(s) before assuming post duty. Armed-post post orders provide instructions for escape attempts. Each set of post orders includes The post orders for housing units track the event schedule. a specific chronology of duties to be preformed by the staff member. The log is kept by the control Housing-unit post officers record all detainee activity in a log. The post center office and the unit order includes instructions on maintaining the logbook. officer. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: Post orders are up to date and available to all staff. All 38 sets of post orders were reviewed. They are well written and adequately explain general and specific duties related to each post. Documentation is maintained indicating signatures of all post orders reviewed. b6, b7c / June 19, 2008 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 56 of 73 SECURITY INSPECTIONS POLICY: POST ASSIGNMENTS IN THE FACILITY'S HIGH-RISK AREAS, WHERE SPECIAL SECURITY PROCEDURES MUST BE FOLLOWED, WILL BE RESTRICTED TO EXPERIENCED PERSONNEL WITH A THOROUGH GROUNDING IN FACILITY OPERATIONS. COMPONENTS YES NO NA REMARKS The facility has a comprehensive security inspection policy. The policy specifies: Contract guard services conduct Posts to be inspected; daily inspections, and the Required inspection forms; Deportation Operations Frequency of inspections; Supervisor conducts weekly Guidelines for checking security features; and inspections. Procedures for reporting weak spots, inconsistencies, and other areas needing improvement Every officer is required to conduct a security check of his/her assigned area. The results are documented. Documentation of security inspections is kept on file. Procedures ensure that recurring problems and a failure to take corrective action are reported to the appropriate manager. The front-entrance officer checks the ID of everyone entering or exiting the facility. All visits are officially recorded in a visitor logbook or electronically recorded. The facility has a secure visitor pass system. Every Control Center officer receives specialized training. The Control Center is staffed around the clock. Policy restricts staff access to the Control Center. Local policy restricts access to the control room and an approved list of staff authorized access is posted outside of the Control Room. Detainees are restricted from access to the Control Center. Communications are centralized in the Control Center. 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 responsible for the vehicle during the visit Officers thoroughly search each vehicle entering and leaving the facility. The facility has a written policy and procedures to prevent the introduction of contraband into the facility or any of its components. Tools being taken into the secure area of the facility are inventoried before entering and prior to departure. The SMU entrance has a sally port. Written procedures govern searches of detainee housing units and personal areas. Housing area searches occur at irregular times. 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. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 57 of 73 SECURITY INSPECTIONS POLICY: POST ASSIGNMENTS IN THE FACILITY'S HIGH-RISK AREAS, WHERE SPECIAL SECURITY PROCEDURES MUST BE FOLLOWED, WILL BE RESTRICTED TO EXPERIENCED PERSONNEL WITH A THOROUGH GROUNDING IN FACILITY OPERATIONS. COMPONENTS YES NO NA REMARKS 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 Documenting the results. Visitation areas receive frequent, irregular inspections. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: All vehicles and visitors are appropriately searched, identified, recorded, and processed into the facility at the front entrance or through the vehicle sally port. The sally port is currently undergoing a security enhancement project of installing new perimeter fencing, automated slide gates, camera surveillance, and intrusion detection. At the request of the review team, management agreed to assign one additional officer to this post temporarily to provide additional supervision during the construction process. b6, b7c /June 19, 2008 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 58 of 73 SPECIAL MANAGEMENT UNIT (SMU) ADMINISTRATIVE SEGREGATION POLICY: THE SPECIAL MANAGEMENT UNIT REQUIRED IN EVERY FACILITY ISOLATES CERTAIN DETAINEES FROM THE GENERAL POPULATION. THE SPECIAL MANAGEMENT UNIT WILL CONSIST OF TWO SECTIONS. ONE, ADMINISTRATIVE SEGREGATION, HOUSES DETAINEES ISOLATED FOR THEIR OWN PROTECTION; THE OTHER FOR DETAINEES BEING DISCIPLINED FOR WRONGDOING (SEE THE “SPECIAL MANAGEMENT UNIT [DISCIPLINARY SEGREGATION]” STANDARD). COMPONENTS Y N NA REMARKS The Administrative Segregation unit provides non-punitive protection from the general population and individuals undergoing disciplinary segregation. Detainees are placed in the SMU (administrative) in accordance with written criteria. Detainees placed in the SMU In exigent circumstances, staff may place a detainee in the SMU are provided a copy of detention (administrative) before a written order has been approved. orders within 24 hours of their A copy of the order given to the detainee within 24 hours. placement. The OIC (or equivalent) regularly reviews the status of detainees in A review of 11 discipline files administrative detention. for the past three months verifies a detainee’s placement A supervisory officer conducts a review within 72 hours of the in the unit is reviewed within 72 detainee’s placement in the SMU (administrative). hours. 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 Every 30 days after the first month. Does each review include an interview with the detainee? Is a written record made of the decision and the justification? The detainee is given a copy of the decision and justification for each Interviews of detainees confined review. in the SMU revealed they are provided a copy of the detention The detainee is given an opportunity to appeal the reviewer's order. decision to someone else in the facility. The OIC (or equivalent) routinely notifies the Field Office Director (or A review of disciplinary files for staff officer in charge of IGSAs) any time a detainee's stay in the past three months revealed administrative detention exceeds 30 days. no detainee has remained in the Upon notification that the detainee's administrative segregation SMU for more than 60 has exceeded 60 days, the FD forwards written notice to HQ consecutive days. Field Operations Branch Chief for DRO. The OIC or equivalent) reviews the case of every detainee who objects to administrative segregation after 30 days in the SMU. A written record is made of the decision and the justification. The detainee receives a copy of this record. Detainees are provided copies of The detainee is given the right to appeal to the OIC (or equivalent) the the decision to continue their conclusions and recommendations of any review conducted after the confinement in the SMU. They detainee have remained in administrative segregation for seven are also provided written consecutive days. notification of their right to appeal the decision. Administratively segregated detainees enjoy the same general privileges as detainees in the general population. The SMU is: Well ventilated; Adequately lighted; Appropriately heated; and Maintained in a sanitary condition. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 59 of 73 SPECIAL MANAGEMENT UNIT (SMU) ADMINISTRATIVE SEGREGATION POLICY: THE SPECIAL MANAGEMENT UNIT REQUIRED IN EVERY FACILITY ISOLATES CERTAIN DETAINEES FROM THE GENERAL POPULATION. THE SPECIAL MANAGEMENT UNIT WILL CONSIST OF TWO SECTIONS. ONE, ADMINISTRATIVE SEGREGATION, HOUSES DETAINEES ISOLATED FOR THEIR OWN PROTECTION; THE OTHER FOR DETAINEES BEING DISCIPLINED FOR WRONGDOING (SEE THE “SPECIAL MANAGEMENT UNIT [DISCIPLINARY SEGREGATION]” STANDARD). COMPONENTS Y N NA REMARKS All cells are equipped with beds. Every bed is securely fastened to the floor or wall. The number of detainees in any cell does not exceed the occupancy limit. When occupancy exceeds recommended capacity, do basic living standards decline? Do criteria for objectively assessing living standards exist? If yes, are the criteria included in the written procedures? Detainees in the SMU are The segregated detainees have the same opportunities to permitted to exchange bedding exchange/launder clothing, bedding, and linen as detainees in the and clothing three times per general population. week. Detainees receive three nutritious meals per day, from the general population’s menu of the day. Do detainees eat only with disposable utensils? Is food ever used as punishment? Each detainee maintains a normal level of personal hygiene in the SMU. The detainees have the opportunity to shower and shave at least three times a week. If not, explain. The detainees are provided: Barbering services; A review of SMU daily activity Recreation privileges in accordance with the “Detainee logs revealed they are provided Recreation" standard; three meals per day and eat only Non-legal reading material; with disposable utensils. Religious material; Detainees in SMU are afforded The same correspondence privileges as detainees in the general the same privileges as those in population; 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 As a group? Are legal materials brought to them? The SMU maintains a permanent log of detainee-related activity, e.g., meals served, recreation, visitors etc. SPC procedures include completing the SMU Housing Record (I-888) immediately upon a detainee's placement in the SMU. Staff completes the form at the end of each shift. CDFs and IGSA facilities use Form I-888 (or local equivalent). FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 60 of 73 SPECIAL MANAGEMENT UNIT (SMU) ADMINISTRATIVE SEGREGATION POLICY: THE SPECIAL MANAGEMENT UNIT REQUIRED IN EVERY FACILITY ISOLATES CERTAIN DETAINEES FROM THE GENERAL POPULATION. THE SPECIAL MANAGEMENT UNIT WILL CONSIST OF TWO SECTIONS. ONE, ADMINISTRATIVE SEGREGATION, HOUSES DETAINEES ISOLATED FOR THEIR OWN PROTECTION; THE OTHER FOR DETAINEES BEING DISCIPLINED FOR WRONGDOING (SEE THE “SPECIAL MANAGEMENT UNIT [DISCIPLINARY SEGREGATION]” STANDARD). COMPONENTS Y N NA REMARKS 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; The medical officer/health care professional signs each individual's record during each visit; and The housing officer initials the record when all detainee services are completed 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 general population. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: The SMU operates within standards and accepted correctional practices. The unit is clean, well ventilated, and detainees are afforded the same privileges as detainees in the general population. Medical staff and security supervisors visit the unit on a daily basis and members of the clergy make routine visits as well. Logs and forms of activities and events in the unit are maintained and contain accurate information. b6, b7c /June 19, 2008 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 61 of 73 SPECIAL MANAGEMENT UNIT DISCIPLINARY SEGREGATION POLICY: EACH FACILITY WILL ESTABLISH A SPECIAL MANAGEMENT UNIT IN WHICH TO ISOLATE CERTAIN DETAINEES FROM THE GENERAL POPULATION. THE SPECIAL MANAGEMENT UNIT WILL HAVE TWO SECTIONS, ONE FOR DETAINEES IN ADMINISTRATIVE SEGREGATION; THE OTHER FOR DETAINEES BEING SEGREGATED FOR DISCIPLINARY REASONS. COMPONENTS Y N NA REMARKS Officers placing detainees in disciplinary segregation follow written procedures. The sanctions for violations committed during one incident are limited A review of discipline packets to 60 days. for the past three months revealed no detainee has been sanctioned to more than 60 days of disciplinary segregation. A completed Disciplinary Segregation Order accompanies the detainee into the SMU. The detainee receives a copy of the order within 24 hours of placement in disciplinary segregation. Standard procedures include reviewing the cases of individual detainees Weekly and monthly reviews housed in disciplinary detention at set intervals. are conducted in accordance After each formal review, the detainee receives a written copy of with policy requirements. the decision and supporting reasons. The conditions of confinement in the SMU are proportional to the amount of control necessary to protect detainees and staff. Detainees in disciplinary segregation have fewer privileges than those housed in administrative segregation. Living conditions in disciplinary SMUs remain the same regardless of behavior. If no, does staff prepare written documentation for this action? Does the OIC sign to indicate approval. All detainees confined in the Every detainee in disciplinary segregation receives the same humane SMU receive humane treatment treatment, regardless of offense. regardless of the offense. The quarters used for segregation are: Well-ventilated. Adequately lighted. Appropriately heated. Maintained in a sanitary condition. All cells are equipped with beds that are securely fastened to the floor or wall of the cell. The number of detainees confined to each cell or room is limited to the number for which the space was designate. Does the OIC approve excess occupancy on a temporary basis? 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 clothing, bedding, etc., as other detainees. Detainees in the SMU receive three nutritious meals per day, selected from the Food Service's menu of the day. Food is not used as punishment. Detainees are allowed to maintain a normal level of personal hygiene, including the opportunity to shower and shave at least three times/week. Detainees receive, unless documented as a threat to security: Detainees confined in FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 62 of 73 SPECIAL MANAGEMENT UNIT DISCIPLINARY SEGREGATION POLICY: EACH FACILITY WILL ESTABLISH A SPECIAL MANAGEMENT UNIT IN WHICH TO ISOLATE CERTAIN DETAINEES FROM THE GENERAL POPULATION. THE SPECIAL MANAGEMENT UNIT WILL HAVE TWO SECTIONS, ONE FOR DETAINEES IN ADMINISTRATIVE SEGREGATION; THE OTHER FOR DETAINEES BEING SEGREGATED FOR DISCIPLINARY REASONS. COMPONENTS Y N NA REMARKS disciplinary segregation are Barbering services; afforded the opportunity for Recreation privileges; barber services, recreation, Other-than-legal reading material; leisure and religious materials, Religious material; and correspondence privileges. The same correspondence privileges as other detainees; and Personal legal material. When phone access is limited by number or type of calls, the following Detainees are required to submit areas are exempt: a request to staff to make Calls about the detainee's immigration case or other legal official calls. Requests are matters; processed and the detainee is Calls to consular/embassy officials; and permitted to contact official Calls during family emergencies (as determined by the personnel. 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. SMU detainees are allowed visitors, in accordance with the "Visitation" standard. SMU detainees receive legal visits, as provided in the "Visitation” standard. Legal service providers are notified of security concerns arising before a visit. Visits from clergy are allowed. The clergy member is given the option of visiting/not visiting the segregated detainee. Violent/uncooperative detainees are denied access to religious services when safety and security would otherwise be affected. 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-888or 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. I-888 (or equivalent local form). FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 63 of 73 SPECIAL MANAGEMENT UNIT DISCIPLINARY SEGREGATION POLICY: EACH FACILITY WILL ESTABLISH A SPECIAL MANAGEMENT UNIT IN WHICH TO ISOLATE CERTAIN DETAINEES FROM THE GENERAL POPULATION. THE SPECIAL MANAGEMENT UNIT WILL HAVE TWO SECTIONS, ONE FOR DETAINEES IN ADMINISTRATIVE SEGREGATION; THE OTHER FOR DETAINEES BEING SEGREGATED FOR DISCIPLINARY REASONS. COMPONENTS Y N NA REMARKS 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. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: Detainees are required to submit a request to staff in order to make official calls. Requests are processed and the detainee is permitted to contact official personnel. b6, b7c /June 19, 2008 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 64 of 73 TOOL CONTROL POLICY: IT IS THE POLICY OF ALL FACILITIES THAT ALL EMPLOYEES SHALL BE RESPONSIBLE FOR COMPLYING WITH THE TOOL CONTROL POLICY. THE MAINTENANCE SUPERVISOR SHALL MAINTAIN A COMPUTER GENERATED OR TYPEWRITTEN MASTER INVENTORY LIST OF TOOLS AND EQUIPMENT AND THE LOCATION IN WHICH TOOLS ARE STORED. THESE INVENTORIES SHALL BE CURRENT, FILED AND READILY AVAILABLE FOR TOOL INVENTORY AND ACCOUNTABILITY DURING AN AUDIT. COMPONENTS Y N NA REMARKS There is an individual who is responsible for developing a tool control procedure and an inspection system to insure accountability. Department heads are responsible for implementing this standard in their departments. Tool inventories are required for the: Maintenance Department; Medial Department; Food Service Department; Electronics Shop; Recreation Department; and Armory. The facility has a policy for the regular inventory of all tools. The policy sets minimum time lines for physical inventory and all necessary documentation. ICE facilities use AMIS bar code labels when required. The facility has a tool classification system. Tools are classified according to: All tools are classified as Restricted (dangerous/hazardous); and restricted in the facility. Non-Restricted (non-hazardous). Department heads are responsible for implementing tool-control procedures. The facility has policies and procedures in place to ensure that all tools are marked and readily identifiable. The facility has an approved tool storage system. Tools in all departments are The system ensures that all stored tools are accountable. stored in a secure manner and Commonly used tools (tools that can be mounted) are are easily identifiable. stored in such a way that missing tool is readily notice. 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: Tools are issued to staff only. Verbal and written notification; Detainees are not permitted to handle or use tools. Procedures for detainee access; and Necessary documentation/review for all incidents of lost tools. Broken or worn out tools are surveyed and disposed of in an appropriate and secure manner. All private or contract repairs and maintenance workers under contract to ICE, or other visitors, submit an inventory of all tools prior to admittance into or departure from the facility. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: Staff responsible for the development and maintenance of the tool control program demonstrates a very good understanding of procedures and benefits of the proper handling and control of tools. During the past year, there were no instances where a tool was lost or could not be accounted for. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 65 of 73 Detainees are not allowed to use any tools and they are not assigned voluntary work duties in the maintenance section. Tools are accounted for each day by a minimum of two staff members. b6, b7c June 19, 2008 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 66 of 73 TRANSPORTATION LAND TRANSPORTATION POLICY: THE IMMIGRATION AND NATURALIZATION SERVICE WILL TAKE ALL NECESSARY PRECAUTIONS TO PROTECT THE LIVES, SAFETY, AND WELFARE OF OUR OFFICERS, THE GENERAL PUBLIC, AND THOSE IN ICE CUSTODY DURING THE TRANSPORTATION OF DETAINEES. STANDARDS HAVE BEEN ESTABLISHED FOR PROFESSIONAL TRANSPORTATION UNDER THE SUPERVISION OF EXPERIENCED AND TRAINED DETENTION ENFORCEMENT OFFICERS OR AUTHORIZED CONTRACT PERSONNEL. STANDARD NA: CHECK THIS BOX IF ALL ICE TRANSPORTATION IS HANDLED ONLY BY THE ICE FIELD OFFICE OR SUB-OFFICE IN CONTROL OF THE DETAINEE CASE. COMPONENTS Transporting officers comply with applicable local, state, and federal motor vehicle laws and regulations. Records support this finding of compliance. Every transporting officer required to drive a commercial size bus has a valid Commercial Driver's License (CDL) issued by the state of employment. Supervisors maintain records for each vehicle operator. Officers use a checklist during every vehicle inspection. Officers report deficiencies affecting operability; and Deficiencies are corrected before the vehicle goes back into service. Transporting officers: Limit driving time to 10 hours in any 15 hour period; Drive only after eight consecutive off-duty hours; Do not receive transportation assignments after having been on duty, in any capacity, for 15 hours; Drive a 50-hour maximum in a given work week; a 70-hour maximum during eight consecutive days; During emergency conditions (including bad weather), officers may drive as long as necessary and safe to reach a safe areaexceeding the 10-hour limit. Two officers with valid CDLs required in any bus transporting detainees. When buses travel in tandem with detainees, there are two qualified officers per vehicle. An unaccompanied driver may transport an empty vehicle. Before the start of each detail, the vehicle is thoroughly searched. Positive identification of all detainees being transported is confirmed. All detainees are searched immediately prior to boarding the vehicle by staff controlling the bus or vehicle. The facility ensures that the number of detainees transported does not exceed the vehicles manufacturer’s occupancy level. YES NO NA REMARKS A review of staff training records verifies all transporting officers possess a valid CDL. Staff assigned to transport vehicles performs safety inspections prior to each trip. Written procedures specifically limit driving times for transport officers. Staff ensures all detainees are accounted for after each stop. Protective vests are provided to all transporting officers. The vehicle crew conducts a visual count once all passengers are on board and seated. Additional visual counts are made whenever the vehicle makes a scheduled or unscheduled stop. Policies and procedures are in place addressing the use of restraining equipment on transportation vehicles. Officers ensure that no one contacts the detainees. One officer remains in the vehicle at all times when detainees are present. Meals are provided during long distance transfers. The meals meet the minimum dietary standards, as identified by FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 67 of 73 TRANSPORTATION LAND TRANSPORTATION POLICY: THE IMMIGRATION AND NATURALIZATION SERVICE WILL TAKE ALL NECESSARY PRECAUTIONS TO PROTECT THE LIVES, SAFETY, AND WELFARE OF OUR OFFICERS, THE GENERAL PUBLIC, AND THOSE IN ICE CUSTODY DURING THE TRANSPORTATION OF DETAINEES. STANDARDS HAVE BEEN ESTABLISHED FOR PROFESSIONAL TRANSPORTATION UNDER THE SUPERVISION OF EXPERIENCED AND TRAINED DETENTION ENFORCEMENT OFFICERS OR AUTHORIZED CONTRACT PERSONNEL. STANDARD NA: CHECK THIS BOX IF ALL ICE TRANSPORTATION IS HANDLED ONLY BY THE ICE FIELD OFFICE OR SUB-OFFICE IN CONTROL OF THE DETAINEE CASE. COMPONENTS dieticians utilized by ICE. The vehicle crew inspects all Food Service pickups before accepting delivery (food wrapping, portions, quality, quantity, thermos-transport containers, etc.). Before accepting the meals, the vehicle crew raises and resolves questions, concerns, or discrepancies with the Food Service representative; Basins, latrines, and drinking-water containers/dispensers are cleaned and sanitized on a fixed schedule. Vehicles have: Two-way radios; Cellular telephones; and Equipment boxes stocked in accordance with the Use of Force Standard. The vehicles are clean and sanitary at all times. Personal property of a detainee transferring to another facility is: Inventoried; Inspected; and Accompanies the detainee. The following contingencies are included in the written procedures for vehicle crews: Attack Escape Hostage-taking Detainee sickness Detainee death Vehicle fire Riot Traffic accident Mechanical problems Natural disasters Severe weather Passenger list includes women or minors ACCEPTABLE DEFICIENT YES NO NA REMARKS Vehicle trip boxes include emergency plans and procedures. AT-RISK REPEAT FINDING REMARKS: The transport operation at the facility is well managed and supervised. Transport staff and supervisors are knowledgeable of bus operations and transport procedures. b6, b7c June 19, 2008 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 68 of 73 USE OF FORCE POLICY: THE U.S. DEPARTMENT OF HOMELAND SECURITY AUTHORIZES THE USE OF FORCE ONLY AS A LAST ALTERNATIVE AFTER ALL OTHER REASONABLE EFFORTS TO RESOLVE A SITUATION HAVE FAILED. ONLY THAT AMOUNT OF FORCE NECESSARY TO GAIN CONTROL OF THE DETAINEE, TO PROTECT AND ENSURE THE SAFETY OF DETAINEES, STAFF AND OTHERS, TO PREVENT SERIOUS PROPERTY DAMAGE AND TO ENSURE INSTITUTION SECURITY AND GOOD ORDER MAY BE USED. PHYSICAL RESTRAINTS NECESSARY TO GAIN CONTROL OF A DETAINEE WHO APPEARS TO BE DANGEROUS MAY BE EMPLOYED WHEN THE DETAINEE: COMPONENTS YES NO NA REMARKS Written policy authorizes staff to respond in an immediate-use-of-force Local policy, Use of Force. situation without a supervisor’s presence 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 resorting to force. Written policy asserts that calculated rather than immediate use of force is feasible in most cases. The facility subscribes to the prescribed Confrontation Avoidance Procedures. Ranking detention official, health professional, and others confer before every calculated use of force. When a detainee must be forcibly moved and/or restrained, and there is time for a calculated use of force, staff uses the Use-of-Force Team Technique. Under staff supervision. Staff members are trained in the performance of the Use-of-Force Team Technique. All use-of-force incidents are documented and reviewed. Local policy, Use of Force. While all uses of force are reviewed, 4 after actions conducted in 2008 did not reveal the signature of the AOIC, SDDO, and Health Services Administrator. Staff: Do not use force as punishment; Attempt to gain the detainee's voluntary cooperation before resorting to force; Use only as much force as necessary to control the detainee; and Use restraints only when other non-confrontational means, including verbal persuasion, have failed or are impractical. Medication may only be used for restraint purposes when authorized by the Medical Authority as medically necessary. Use-of-Force Team follows written procedures that attempt to prevent injury and exposure to communicable disease(s). 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 available, staff position the detainee "face-up". The shift supervisor monitors the detainee's position/condition every two FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 69 of 73 USE OF FORCE POLICY: THE U.S. DEPARTMENT OF HOMELAND SECURITY AUTHORIZES THE USE OF FORCE ONLY AS A LAST ALTERNATIVE AFTER ALL OTHER REASONABLE EFFORTS TO RESOLVE A SITUATION HAVE FAILED. ONLY THAT AMOUNT OF FORCE NECESSARY TO GAIN CONTROL OF THE DETAINEE, TO PROTECT AND ENSURE THE SAFETY OF DETAINEES, STAFF AND OTHERS, TO PREVENT SERIOUS PROPERTY DAMAGE AND TO ENSURE INSTITUTION SECURITY AND GOOD ORDER MAY BE USED. PHYSICAL RESTRAINTS NECESSARY TO GAIN CONTROL OF A DETAINEE WHO APPEARS TO BE DANGEROUS MAY BE EMPLOYED WHEN THE DETAINEE: COMPONENTS YES NO NA REMARKS hours. He/she allows the detainee to use the rest room at these times under safeguards. All detainee checks are logged. In immediate-use-of-force situations, staff contacts medical staff once the detainee is under control. When the OIC authorizes use of non-lethal weapons: Medical staff is consulted before staff use pepper spray/non-lethal weapons. Medical staff reviews the detainee's medical file before use of a non-lethal weapon is authorized. Special precautions are taken when restraining pregnant detainees. Women are not confined at this facility. Medical personnel are consulted Protective gear is worn when restraining detainees with open cuts or wounds. Staff documents every use of force and/or non-routine application of restraints. It is standard practice to review any use of force and the non-routine application of restraints. All officers receive training in self-defense, confrontation-avoidance techniques and the use of force to control detainees. Specialized training is given and Officers are certified in all devices they use. In SPCs, is the Use of Force form is used? In other facilities (IGSAs / CDFs) is this form or its equivalent used? ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: There has been no calculated use of force within the past year and only four incidents of the immediate use of force within the past year. All uses of force were reviewed and determined to be appropriate. The AFOD, Assistant OIC, and Supervisory Detention and Deportation Officer, and Health Services Administrator should sign the after action report at the completion of each review. b6, b7c /June 19, 2008 AUDITOR’S SIGNATURE / DATE STAFF DETAINEE COMMUNICATIONS POLICY: PROCEDURES MUST BE IN PLACE TO ALLOW FOR FORMAL AND INFORMAL CONTACT BETWEEN KEY FACILITY STAFF AND ICE STAFF AND ICE DETAINEE AND TO PERMIT DETAINEES TO MAKE WRITTEN REQUESTS TO ICE STAFF AND RECEIVE AN ANSWER IN AN ACCEPTABLE TIME FRAME. COMPONENTS Y N NA REMARKS The ICE Field Office Director ensures that weekly announced and Rounds are conducted at unannounced visits occur at the IGSA. minimum weekly. Detention and Deportation Staff conduct scheduled weekly visits with Rounds are conducted at detainees held in the IGSA. minimum weekly. Scheduled visits are posted in ICE detainee areas. Visiting staff observe and note current climate and conditions of confinement at each IGSA. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 70 of 73 STAFF DETAINEE COMMUNICATIONS POLICY: PROCEDURES MUST BE IN PLACE TO ALLOW FOR FORMAL AND INFORMAL CONTACT BETWEEN KEY FACILITY STAFF AND ICE STAFF AND ICE DETAINEE AND TO PERMIT DETAINEES TO MAKE WRITTEN REQUESTS TO ICE STAFF AND RECEIVE AN ANSWER IN AN ACCEPTABLE TIME FRAME. COMPONENTS Y N NA REMARKS ICE information request Forms are available at the IGSA for use by ICE detainees. The IGSA treats detainee correspondence to ICE staff as Special Correspondence. ICE staff responds to a detainee request from an IGSA within 72 hours. ICE detainees are notified in writing upon admission to the facility of their right to correspond with ICE staff regarding their case or conditions of confinement. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: ICE staff and ICE detainees interact daily at the ECSPC. Postings are in all housing areas regarding: OIG Hotline Information Sexual Harassment/Assault Prevention and Reporting Pro-Bono Legal Telephone Numbers and Consulate Office Telephone Numbers b6, b7c / June 19, 2008 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 71 of 73 DETAINEE TRANSFER STANDARD POLICY: ICE WILL MAKE ALL NECESSARY NOTIFICATIONS WHEN A DETAINEE IS TRANSFERRED. IF A DETAINEE IS BEING TRANSFERRED VIA THE JUSTICE PRISONER ALIEN TRANSPORTATION SYSTEM (JPATS), ICE WILL ADHERE TO JPATS PROTOCOLS. IN DECIDING WHETHER TO TRANSFER A DETAINEE, ICE WILL TAKE INTO CONSIDERATION WHETHER THE DETAINEE IS REPRESENTED BEFORE THE IMMIGRATION COURT. IN SUCH CASES, THE FIELD OFFICE DIRECTOR WILL CONSIDER THE DETAINEE’S STAGE WITHIN THE REMOVAL PROCESS, WHETHER THE DETAINEE’S ATTORNEY IS LOCATED WITHIN REASONABLE DRIVING DISTANCE OF THE FACILITY, AND WHERE THE IMMIGRATION COURT PROCEEDINGS ARE TAKING PLACE. COMPONENTS Y N NA REMARKS 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 The notification is recorded in detainee’s Deportation Officer. the detainees A-file, and noted in the comments section of the The notification is recorded in the detainee’s file; and DACS. When the A File is not available, notification is noted within DACS Notification includes the reason for the transfer and the location of the new facility. The deportation officer is allowed discretion regarding the timing of the notification when extenuating circumstances are involved. The attorney and detainee are notified that it is their responsibility to Notification is provided via the notify family members regarding a transfer. "Detainee Transfer Notification" Facility policy mandates that: Times and transfer plans are never discussed with the detainee prior to transfer; ECSPC SOP Detainee 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 population. The detainee is provided with a completed Detainee Transfer Notification Form. The G-391 "Order to Escort Form G-391 or equivalent authorizing the removal of a detainee from a Alien" is provided to processing facility is used. and Escort Officers. 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. Information pertaining to For medical transfers, transporting officers receive instructions regarding scheduled medications, medical issues. ambulatory conditions, etc. is relayed to the transport officers. Detainee’s funds, valuables, and property are returned and transferred Funds (cash) are given directly with the detainee to his/her new location. to the detainee. Personal property, jewelry, legal materials does accompany the detainee in transport. "Request for Bed/Designation" Transfer and documentary procedures outlined in Section C and D are and "Preperation and Transfer of followed. Records" are followed. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 72 of 73 DETAINEE TRANSFER STANDARD POLICY: ICE WILL MAKE ALL NECESSARY NOTIFICATIONS WHEN A DETAINEE IS TRANSFERRED. IF A DETAINEE IS BEING TRANSFERRED VIA THE JUSTICE PRISONER ALIEN TRANSPORTATION SYSTEM (JPATS), ICE WILL ADHERE TO JPATS PROTOCOLS. IN DECIDING WHETHER TO TRANSFER A DETAINEE, ICE WILL TAKE INTO CONSIDERATION WHETHER THE DETAINEE IS REPRESENTED BEFORE THE IMMIGRATION COURT. IN SUCH CASES, THE FIELD OFFICE DIRECTOR WILL CONSIDER THE DETAINEE’S STAGE WITHIN THE REMOVAL PROCESS, WHETHER THE DETAINEE’S ATTORNEY IS LOCATED WITHIN REASONABLE DRIVING DISTANCE OF THE FACILITY, AND WHERE THE IMMIGRATION COURT PROCEEDINGS ARE TAKING PLACE. COMPONENTS Y N NA REMARKS Meals are provided in Meals are provided when transfers occur during normally schedule meal compliance with the "Land times. Transportation" standard. An A File or work folder accompanies the detainee when transferred to a different field office or sub-office. Files are forwarded to the receiving office via overnight mail no later than one business day following the transfer. ACCEPTABLE DEFICIENT AT-RISK REPEAT FINDING REMARKS: The Detainee Transfer standard is in full compliance. b6, b7c June 19, 2008 AUDITOR’S SIGNATURE / DATE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 73 of 73