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

Office of Detention Oversight
Compliance Inspection

Enforcement and Removal Operations
El Paso Field Office
El Paso Service Processing Center
EIPaso, Texas

March 6 - 8, 2012

FOR INTERNAL USE ONLY. This document may contain sensitive commercial, financial, law
enforcement, management, and employee information. It has been written for the express use of the
Department of Homeland Security to identify and correct management and operational deficiencies. In
reference to ICE Policy 17006.1, issued 09/22/05; any disclosure, dissemination, or reproduction of this
document, or any segments thereof, is prohibited without the approval of the Assistant Director, Office of
Professional Responsibility.

COMPLIANCE INSPECTION
EL PASO SERVICE PROCESSING CENTER
EL PASO FIELD OFFICE
TABLE OF CONTENTS
EXECUTIVE SUMMARY ........................................................................................................... 1
INSPECTION PROCESS
Report Organization ............................................................................................................. 4
Inspection Team Members ...................................................................................................4
OPERATIO~AL

ENVIRONMENT
Internal Relations ................................................................................................................. 5
Detainee Relations ............................................................................................................... 5

ICE PERFORMANCE BASED NATIONAL DETENTION STANDARDS
Detention Standards Reviewed ............................................................................................ 7
Environmental Health and Safety ....................................................................................... 8
Food Service .......................................................................................................................9
Grievance Systems ............................................................................................................ 11
Hold Rooms in Detention Facilities .................................................................................. 12
Sexual Abuse and Assault Prevention and Intervention ................................................... .14
Use ofFeree and Restraints .............................................................................................. 15

EXECUTIVE SUMMARY
The Office of Professional Responsibility (OPR), Office ofDetention Oversight (ODO)
conducted a Compliance Inspection of the El Paso Service Processing Center (EPC) in El Paso,
Texas, from March 6- 8, 2012. The former Immigration and Naturalization Service (INS) began
housing detainees at EPC upon completion of its construction in March 1967. Courtrooms,
offices, and new buildings for detainee services were completed in 1997. The EPC continues to
be used by U.S. Immigration and Customs Enforcement (ICE), the INS's successor agency.
Doyon-Akal (Akal) Security, a private contractor, oversees the detained population. The ICE
Health Service Corps (IHSC) provides health care to all detainees, with support from contract
employees provided by STG International, Inc. The facility holds accreditations through the
American Correctional Association (ACA), the National Commission on Correctional Health
Care (NCCHC), and The Joint Commission, formerly known as JCAHO.
The Akal Project Manager is the senior contracted official at EPC, responsible for oversight of
daily operations. Akal supervisory staff at EPC includes(b)(7)eCaptains, and(b)(7)e
Lieutenants; nonsupervisory contract staff consists o(b)(7)eSecurity Officers. ICE Enforcement and Removal
Operations (ERO) Officers are located on-site at EPC. ICE staff consists of(b)(7)eAssistant Field
Office Directors (AFOD)(b)(7)eSupervisory Detention and Deportation Officers (SDDO),(b)(7)e
Deportation Officers (DO) (b)(7)e Supervisory Immigration Enforcement Agents (SIEA),(b)(7)e
Immigration Enforcement Agents (lEA), and(b)(7)esupport personnel.(b)(7)eof the SIEA positions
are designated as Detention Operation Supervisors (DOS).
The Health Clinic is open 24 hours a day, seven days a week and administered by an acting
Health Services Administrator (HSA), a Clinical Director (CD), and an Assistant HSA. There
are(b)(7)emidlevel practitioners (MLP) and(b)(7)eadditional physician. Nursing staff consists of a
Nurse Manager,
Registered Nurses (RN), and (b)(7)e Licensed Vocational Nurses. Currently,
(b)(7)e
there are(b)(7)eRN vacancies. Physicians and MLPs share on-call coverage responsibilities.
Additional medical staff includes a Dentist, a Dental Assistant, and clerical staff. A Psychiatrist
and a Licensed Social Worker provide mental health services. Staffing is sufficient to provide
basic medical services for all detainees.
EPC is an approximately 326,700 square foot facility, which houses male and female ICE
detainees of all security classification levels for periods in excess of 72 hours. EPC has a total
capacity of 840 beds. All 840 beds are dedicated to ICE detainees. The average daily detainee
population is 484. EPC can expand its capacity by 360 beds upon request from BRO. At the
time ofthe inspection, the facility housed 636 ICE detainees, 461 males and 175 females. EPC
is undergoing a roofing project, which has caused a reduction in the number of beds available.
Due to ongoing construction, two housing units were unoccupied at the time of review.
In February 2010, ODO conducted a Quality Assurance Review at EPC using all41 ICE
Performance Based National Detention Standards (PBNDS). The Quality Assurance Review
identified a total of 69 deficiencies in 24 of the standards reviewed. During a follow-up
inspection conducted in December 2010, ODO found a total of four (2 percent) repeated
deficiencies in the following three standards: Hold Rooms in Detention Facilities, Medical Care,
and Staff-Detainee Communication.

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In September 2011, the ERO Detention Standards Compliance Unit (DSCU) contractors, MGT
of America, Inc., conducted an Annual Review of the ICE PBNDS at EPC. The facility received
an overall rating of"Meets Standards," and was found to be in compliance with all41 standards
reviewed.
During this inspection, ODO reviewed a total of 15 PBNDS. Nine areas were fully compliant,
while 12 deficiencies were found in the following six areas: Environmental Health and Safety (1
deficiency), Food Service (3), Grievance Systems (2) Hold Rooms in Detention Facilities (3),
Sexual Abuse and Assault Prevention and Intervention (1), and Use ofForce (2).
This report details all deficiencies and refers to specific, relevant sections of the ICE PBNDS.
OPR will provide ERO a copy of the report to assist in developing corrective actions to resolve
the 12 identified deficiencies.
Overall, ODO found EPC to be well-managed and in compliance with the areas and standards
inspected. Many of the 12 deficiencies identified were related to the inconsistency of practices
and procedures applied in daily operations.
ODO verified that emergency generators are load-tested on a quarterly basis as required;
however, internal testing ofthe facility's emergency generator by maintenance staff is conducted
weekly for only 20 minutes rather than every two weeks for one hour as required by the standard.
Testing generators for one hour ensures there is sufficient time to reach operating temperature,
verify the ability of the engine to provide the required power over time, and identify any fuel or
oil leaks.
ODO observed the exit door in the Dry Food Storage room leading to the outside rear dock area
is not equipped with an air curtain. Air curtains prevent insects from entering the buildings and
contaminating food products. ODO observed a meat slicer was not equipped with an anti-restart
device. Equipment powered by electricity stops working upon the interruption of electrical
power. Upon the restoration of electricity, equipment restarts automatically, presenting a
significant safety hazard to staff and detainee workers.
EPC purchasing procedures for ordering potentially dangerous items such as knives, nutmeg,
yeast, etc., do not address the special handling requirement mandated by the standard.
Specifically, these items are not marked "HOT" on purchase requests. Cautionary labeling
supports proper handling and prevents items that may compromise safety and security from
being introduced into the detainee population. ODO noted the computer system used for
initiating purchase requests does not allow input of special handling instructions. To support
compliance with the standard and ensure facility safety and security, ODO recommends EPC
management identify and implement a method for flagging these items.
EPC management staff and a Deputy Assistant Director (DAD) from the ICE Office of
Acquisition Management (OAQ) expressed consternation that during a June 2011 Review for
Compliance, the Detention Services Manager (DSM) found that the Food Service Administrator

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(FSA) did not have a contract with a pest control vendor for extermination services as required
by the PBNDS. To date, the DSM has continued to cite EPC as deficient in this regard.
Akal Security holds the contract for security and food services. Rosemark holds the contract for
maintenance, which includes pest-control services (PCS) in the food service areas. The
Rosemark contract was awarded prior to conversion of EPC from an NDS facility to a PBNOS
facility. To maintain contractual agreements until contracts can be amended, the Akal FSA
contacts Rosemark regarding PCS-related issues in the food service areas. ODO verified that
Rosemark has been responsive to Akal, and PCS within the food service areas is being addressed
in a manner that fulfills contractual agreements and meets the intent ofthe PBNDS. The
Rosemark contract for PCS expires in 2013.
ODO identified that DSM findings are causing tension among staff at EPC. To reduce tensions
between the various entities, ODO recommends the DSM continue to monitor the PCS situation
for compliance, but until the current contracts are modified, acknowledge that PCS is being
provided within the food service areas in accordance with the intent of the PBNDS. Should the
DSM observe the need for additional PCS, the DSM should contact the ICE Contracting
Officer's Technical Representative (COTR) for the Rosemark contract. The COTR is
responsible for ensuring contract compliance by Rosemark.
The EPC Grievance Systems policy corresponds with language in the PBNDS; however, EPC
lacks written policy and procedures ensuring medical grievances are received by the
administrative health authority within 24 hours, or the next business day. In addition, there is no
procedure in place requiring that all appeals of formal medical grievances and the responses to
these grievances be reported to ERO. ODO confirmed both deficiencies were corrected during
the inspection via policy amendments.
After observing detainees in a Hold Room sitting on the floor while eating the noon meal, ODO
determined the EPC Hold Room did not contain sufficient bench space to accommodate the 29person room capacity established by the facility. Current bench space provides seating for 24
detainees. Additionally, security glass windows are not the 12-inch squares required by the
standard. The current 6 x 28 inch windows obstruct a clear view of activities occurring within
the room.
EPC provides annual and refresher training related to Sexual Abuse and Assault Prevention and
Intervention (SAAPI). The EPC SAAPI training curriculum does not include instruction on the
process of investigation and evidence preservation. Training lacks instruction regarding
prevention, recognition, and appropriate response to allegations or suspicions of sexual assault
involving detainees with mental or physical disabilities.
Akal and ICE staffmembers share the responsibility for video-recording use of force incidents.
ODO confirmed ICE staff is not trained to operate audio-visual recording equipment. A log
maintained in the control center documents that camera batteries are checked during each shift.
EPC has three video cameras. Responsibility for maintaining the cameras, regular testing and
charging, and ensuring the availability of back-up supplies is not addressed in any post orders.

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INSPECTION PROCESS
ODO inspections evaluate the welfare, safety, and living conditions of detainees. ODO primarily
focuses on areas of noncompliance with the ICE National Detention Standards (NDS) or the ICE
PBNDS, as applicable. The PBNDS apply to EPC. In addition, ODO may focus its inspection
based on detention management information provided by ERO Headquarters (HQ) and ERO
field offices, and on issues of high priority or interest to ICE executive management.
ODO reviewed the processes employed at EPC to determine compliance with current policies
and detention standards. Prior to the inspection, ODO collected and analyzed relevant
allegations and detainee information from multiple ICE databases, including the Joint Integrity
Case Management System (JICMS), the ENFORCE Alien Booking Module (EABM), and the
ENFORCE Alien Removal Module (EARM). ODO also gathered facility facts and inspectionrelated information from ERO HQ staff to prepare for the site visit at EPC.

REPORT ORGANIZATION
This report documents inspection results, serves as an official record, and is intended to provide
ICE and detention facility management with a comprehensive evaluation of compliance with
policies and detention standards. It summarizes those PBNDS that ODO found deficient in at
least one aspect of the standard. ODO reports convey information to best enable prompt
corrective actions and to assist in the on-going process of incorporating best practices in
nationwide detention facility operations.
OPR classifies program issues into one of two categories: deficiencies and areas of concern.
OPR defines a deficiency as a violation of written policy that can be specifically linked to the
PBNDS, ICE policy, or operational procedure. OPR defines an area of concern as something
that may lead to or risk a violation of the PBNDS, ICE policy, or operational procedure. When
possible, the report includes contextual and quantitative information relevant to the cited
standard. Deficiencies are highlighted in bold throughout the report and are encoded
sequentially according to a detention standard designator.
Comments and questions regarding the report findings should be forwarded to the Deputy
Division Director, OPR Office of Detention Oversight.

INSPECTION TEAM MEMBERS

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

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Detention and Deportation Officer
Special Agent
Special Agent
Contract Inspector
Contract Inspector
Contract Inspector

4

ODO, San Diego
ODO, Phoenix
ODO, Phoenix
Creative Corrections
Creative Corrections
Creative Corrections

El Paso Service Processing Center
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OPERATIONAL ENVIRONMENT
INTERNAL RELATIONS
ODO interviewed an ICE Assistant Field Office Director (AFOD), an ICE Supervisory
Detention and Deportation Officer (SDDO), the Akal Project Manager, and various members of
Akal staff. During the interviews, all personnel stated the working relationship between Akal
and ERO is excellent, and the morale of Akal security and ERO officers is high.
The AFOD stated not all aspects of needed work are incorporated into the contract between ICE
and Rosemark. Issues related to the maintenance and replacement of doors, locks, and other
various types of equipment is open for debate, and therefore Rosemark does not always conduct
facility maintenance as requested.
The AFOD praised medical care and food service at EPC, and stated all staff is professional,
courteous, and caring. The AFOD stated old and high mileage vehicles are in need of
maintenance or replacement. Furthermore, for the purposes of better mission accomplishment,
his staff requires additional laptop computers.

DETAINEE RELATIONS
ODO randomly selected and interviewed 25 male and five female ICE detainees to assess the
overall living and detention conditions at EPC. ODO received no complaints concerning
access to legal materials, issuance and replenishment of hygiene supplies, sending and
receiving mail, recreation, visitation, religious services, or the grievance process. All detainees
interviewed were satisfied with the telephone service and knew how to contact consular
officials, attorneys, and the DHS Office oflnspector General, among others. Detainees stated
they were satisfied with the supply of personal hygiene items and the cleanliness ofthe facility.
Although two detainees expressed dissatisfaction with the availability ofDeportation Officers,
the remaining detainees were satisfied with the weekly scheduled and unscheduled visits from
ICE officials. ODO verified Deportation Officers were conducting staff-detainee
communications in compliance with the PBNDS. A review of records maintained by ICE
personnel verified these weekly visits, and identified the detainees interviewed as well as their
respective issues of concern.
One detainee claimed he had been physically abused by facility staff during a use-of-force
incident in January 2012. ODO followed up on the detainee's allegation and confirmed EPC
properly documented and investigated the incident in compliance with the PBNDS. The detainee
resisted officers who were attempting to restrain him during an immediate use-of-force incident
that occurred in the intake area. The investigation determined the force used was necessary to
subdue the detainee. The detainee was placed in disciplinary segregation as a result of his failure
to comply with officers during the encounter. ODO found no evidence to support the detainee's
allegation of physical abuse.

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A detainee alleged, after numerous requests for sick call, medical officials had failed to examine
him. ODO verified this detainee was present for sick call and was seen by medical personnel on
numerous occasions. The detainee received off-site medical treatment for optometry in February
and May 2011, orthopedics in June 2011, podiatry in June, July, August, and September 2011,
arthroscopic surgery in August 2011, and cardiology treatment in August 2011. In addition, this
detainee was taken to the local emergency room in February 2011, with a complaint of chest
pains. The detainee was subsequently admitted to the hospital. ODO determined the allegation
made by the detainee to be unfounded.
Another detainee claimed medical officials refused to issue him ear plugs despite a previous
diagnosis of Tinnitus. ODO confirmed the IHSC received a Treatment Authorization Request
authorizing this detainee to be treated by an Ear, Nose and Throat Doctor (ENT) for constant
ringing in the ears. In January 2012, the ENT diagnosed the detainee with Tinnitus and ordered
the detainee to wear ear plugs when exposed to noise. The detainee is housed in the general
population and is not subject to noise levels that would necessitate ear plugs. This same detainee
complained medical officials refused to provide treatment for symptoms related to a previously
fractured vertebra. ODO confirmed the detainee received off-site medical treatment directly
related to the aforementioned injury in June, September, and November 2011. In addition, the
detainee had been scheduled for further off-site orthopedic treatment of this injury in March
2012.

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ICE PERFORMANCE BASED
NATIONAL DETENTION STANDARDS
000 reviewed a total of 15 PBNDS and found EPC fully compliant with the following nine
standards:
Admission and Release
Classification System
Detainee Handbook
Funds and Personal Property
Law Libraries and Legal Material
Medical Care
Special Management Units
Staff-Detainee Communication
Telephone Access
As these standards were compliant at the time of the review, synopses for these areas were not
prepared for this report.
000 found deficiencies in the following six areas:
Environmental Health and Safety
Food Service
Grievance System
Hold Rooms in Detention Facilities
Sexual Abuse and Assault Prevention and Intervention
Use ofForce and Restraints
Findings for each of these standards are presented in the remainder of this report.

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ENVIRONMENTAL HEALTH AND SAFETY (EH&S)
ODO reviewed the Environmental Health and Safety PBNDS at EPC to determine if the facility
maintains high standards of cleanliness and sanitation, safe work practices, and control of
hazardous materials and substances. ODO toured the facility, interviewed staff, and reviewed
policies and documentation of inspections, hazardous chemical management, pest control,
generator testing, and fire prevention and control procedures.
The inspection confirmed all chemicals, flammables, and combustible materials are stored and
issued as required by the standard. Hazardous substances are strictly controlled, and Material
Safety Data Sheets, a master index of chemicals, and list of emergency telephone numbers are
maintained in the safety office as required. EPC conducts monthly fire drills on each shift and
documentation is on file. EPC conducts weekly and monthly safety inspections within all areas
of the facility; these files are maintained in the Safety Office. Pest control invoices and reports
for water quality are current. Barbering is conducted in a designated area, and hair care
sanitation regulations are posted. Sanitation is maintained at a high level throughout the facility.
The facility's emergency generators are load-tested on a quarterly basis as required; however,
internal testing of the facility's emergency generator by maintenance staff is conducted weekly
for only 20 minutes rather than every two weeks for one hour as required by the standard
(EH&S-1). Not all generators reach their operating temperature within 20 minutes. Testing
generators for one hour ensures there is sufficient time to reach operating temperature, to verify
the ability of the engine to provide the required power over time, and to identify any fuel or oil
leaks.

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY EH&S-1
In accordance with the ICE PBNDS, Environmental Health and Safety, section (V)(F), the FOD
must ensure that at least every two weeks, emergency power generators shall be tested for one
hour, and the oil, water, hoses and belts ofthese generators shall be inspected for mechanical
readiness to perform in an emergency situation.

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FOOD SERVICE (FS)
ODO reviewed the Food Service PBNDS at EPC to determine if detainees are provided with a
nutritious and balanced diet in a sanitary manner. ODO interviewed contract food service staff
and the food service COTR; inspected food and chemical storage areas, the dining room, kitchen,
and food service equipment; and observed meal preparation and service. Documentation was
reviewed, to include temperature logbooks, certifications, tool inventories, inspection reports,
and menus.
Akal prepares meals provided to detainees. ODO observed approximately 25 detainees assisting
Akal staff in meal preparation and maintenance of sanitation in the food service area. Detainees
assigned to the general population consume meals in the dining hall; a satellite system of meal
service is in place for the Special Management Units and the Processing Center Unit. Inspection
of the food service area confirmed Akal properly controls knives and utensils, maintains
sanitation, and meets food temperature and storage requirements. ODO observed staff and
detainees using hair coverings, beard guards, and personal protective equipment. Review of the
food service employee and detainee worker files verified all had received medical clearances.
ODO determined meals are prepared in accordance with established policies and standards.
The exit door in the Dry Food Storage Room leading to the outside rear dock area is not
equipped with an air curtain (Deficiency FS-1). Air curtains prevent insects from entering
buildings and contaminating food products.
The meat slicer is not equipped with an anti-restart device (Deficiency FS-2). Equipment
powered by electricity stops working when electrical power is interrupted. When electricity is
restored, equipment restarts automatically, which presents a significant safety hazard to staff and
detainee workers.
EPC purchasing procedures for ordering potentially dangerous items, such as knives, nutmeg,
and yeast, do not address the special handling requirement mandated by the standard.
Specifically, these items are not marked "HOT" on purchase requests (Deficiency FS-3).
Cautionary labeling supports proper handling of items, which may compromise safety and
security if introduced into the general population. ODO notes the computer system used for
initiating purchase requests does not allow input of special handling instructions. ODO
recommends EPC identify and implement a method for flagging these items.

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY FS-1
In accordance with the ICE PBNDS, Food Service, section (V)(J)(lO), the FOD must ensure air
curtains or comparable devices shall be used on outside doors where food is prepared, stored, or
served to protect against insects and other rodents.

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DEFICIENCY FS-2
In accordance with the ICE PBNDS, Food Service, section (V)(J)(12)(c), the FOD must ensure
machines shall be guarded in compliance with OSHA standards. Meat saws, slicers, and
grinders shall be equipped with anti-restart devices.
DEFICIENCY FS-3
In accordance with the ICE PBNDS, Food Service, section (V)(K)(l), the FOD must ensure, on
the purchase request for potentially dangerous items (knives, mace, yeast, nutmeg, cloves, and
other items considered contraband if found in a detainee's possession), the FSA shall mark them
"hot," signaling the need for special handli!lg·

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GRIEVANCE SYSTEM (GS)
ODO reviewed the Grievance System PBNDS at EPC to determine if a process to submit formal
or emergency grievances exists, and responses are provided in a timely manner, without fear of
reprisal. In addition, the review was conducted to determine if detainees have an opportunity to
appeal responses, and if accurate records are maintained. ODO reviewed grievance logs,
detention files, and facility policies, and interviewed staff members.
Written grievance policies and procedures at EPC reflect the language in the PBNDS. Staff
strives to resolve grievances at the lowest possible level and provide timely responses. A
designated Grievance Officer maintains an electronic database which tracks all grievances and
respective outcomes. Officials encourage other detainees to assist those detainees who have
difficulty with language abilities. Interpretive services are available. Procedures are in place to
ensure detainees can file emergency grievances.
While facility policy corresponds with language in the PBNDS, EPC lacks written policy and
procedures ensuring medical grievances are received by the administrative health authority
within 24 hours or the next business day (Deficiency GS-1). There is no procedure in place
requiring all appeals of formal medical grievances and the responses to these grievances to be
reported to ERO (Deficiency GS-2). Both deficiencies were corrected during the inspection via
policy amendments.

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY GS-1
In accordance with the ICE PBNDS, Grievance System, section (V)(A), the FOD must ensure
each facility shall have written policy and procedures for a detainee grievance system that
ensures a procedure in which all medical grievances are received by the administrative health
authority within 24 hours or the next business day.
DEFICIENCY GS-2
In accordance with the ICE PBNDS, Grievance System, section (V)(D), the FOD must ensure, in
the case of medical grievances, each facility shall establish procedures for appeal of a denial by
medical personnel. An additional level of appeal by medical personnel shall be available to the
detainee. All appeals of formal medical grievances and responses shall be reported to
ICE/[ERO].

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HOLD ROOMS IN DETENTION FACILITIES (HR)
ODO reviewed the Hold Rooms in Detention Facilities PBNDS at EPC to determine if detainees
placed temporarily in hold rooms, awaiting further processing, are in a safe, secure, and
comfortable environment and not confined in hold rooms for over 12 hours. ODO interviewed
staff, inspected the hold rooms, reviewed logbooks and policies, and observed the processing of
detainees.
Inspection ofthe hold rooms confirmed acceptable levels of sanitation and adequate room
temperatures. The hold rooms are well ventilated with sufficient lighting and space. Detainees
are provided with basic personal hygiene items and meals when appropriate. ODO review of
logbooks confirmed detainees are not confined in hold rooms for more than 12 hours.
ODO observed detainees in a hold room sitting on the floor while eating the noon meal. ODO
measured seating capacity and found it insufficient for the 29-person capacity established by the
facility (Deficiency HR-1). Based on the PBNDS requirement for 18 inches of seat space per
detainee, the correct seating capacity of the hold room is 24 detainees. Sufficient seating is
required to ensure detainees do not have to sit on the concrete floors or stand when room
capacity is reached, because detainees may remain in hold rooms for up to 12 hours.
ODD's measurements revealed security-glass windows within the hold room doors are 6 by 28
inches and not 12 by 12 inches as required by the standard (Deficiency HR-2). Windows of
proper width and height ensure adequate vision into the hold rooms for monitoring purposes.
Security glass prevents accidental or intentional breakage.

Officers supervising the hold rooms document 15-minute visual checks in a detention log;
however, the log does not include space for the printed name of the officer conducting the checks
or a comments section to document unusual behavior and complaints (Deficiency HR-3). The
current detention log consists of only the officer's badge number, the date, and the time.
Unusual behavior, complaints, signs of hostility or depression, or similar behaviors must be
noted within the log.

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY HR-1
In accordance with the ICE PBNDS, Hold Rooms in Detention Facilities, section (V)(A)(4}, the
FOD must ensure each Hold Room shall contain sufficient seating for the maximum roomcapacity but shall contain no moveable furniture. Benches shall provide 18" of seat space per
detainee and may be bolted to the floor or attached to the wall ifthe wall is of suitable
construction.
DEFICIENCY HR-2
In accordance with the ICE PBNDS, Hold Rooms in Detention Facilities, section (V)(A)(l 0), the
FOD must ensure the solid doors shall be equipped with security-glass or barred windows,
12"xl2", installed at eye level for convenient visual checks. Security bars or mesh doors shall be
of appropriately sturdy construction to prevent escape.
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DEFICIENCY HR-3
In accordance with the ICE PBNDS, Hold Rooms in Detention Facilities, section (V)(D)(5), the
FOD must ensure officers shall closely supervise Hold Rooms through direct supervision that
includes: Continuous auditory monitoring, even when the Hold Room is not in the officer's
direct line of sight; Visual monitoring at irregular intervals at least every 15 minutes, each time
recording in the detention log, the time and officer's printed name and any unusual behavior or
complaints under "Comments;" and Constant surveillance of any detainee exhibiting signs of
hostility, depression, or similar behaviors. In such cases, the officer shall notify the shift
supervisor. (See the Detention Standard on Suicide Prevention and Intervention.)

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SEXUAL ABUSE AND ASSAULT PREVENTION AND INTERVENTION
(SAAPI)
ODO reviewed the Sexual Abuse and Assault Prevention and Intervention (SAAPI) PBNDS at
EPC to determine if facilities act to prevent sexual abuse and assaults on detainees, provide
prompt and effective intervention and treatment for victims of sexual abuse and assault, and
control, discipline, and prosecute the perpetrators. ODO interviewed members of the EPC
training staff, and reviewed policies and procedures, and SAAPI initial and annual refresher
training curricula.
EPC has a written policy and procedures regarding SAAPI. These procedures include measures
taken to prevent sexual abuse and sexual assault, and to direct prompt, effective intervention and
investigation. EPC written policy and procedures provide the required procedures for reporting
through the chain of command, starting with the reporting official through the ICE Field Office
Director.
EPC provides initial SAAPI training for employees, volunteers and contract personnel; annual
refresher training is conducted thereafter. The SAAPI training curriculum does not include a
description of processes for investigation and evidence preservation. Training also fails to
provide instruction regarding prevention, recognition, and appropriate response to allegations or
suspicions of sexual assault involving detainees with mental or physical disabilities (Deficiency
SAAPI-1).

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY SAAPI-1
In accordance with the ICE PBNDS, Sexual Abuse and Assault Prevention and Intervention,
section (V)(F), the FOD must ensure training on the facility's Sexual Abuse and Assault
Intervention Program shall be included in training for employees, volunteer-s, and contract
personnel and shall also be included in annual refresher training thereafter. Training shall
include [among other things]: The investigation process and how to ensure that evidence is not
destroyed; and Prevention, recognition, and appropriate response to allegations or suspicions of
sexual assault involving detainees with mental or physical disabilities.

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USE OF FORCE AND RESTRAINTS (UOF&R)
ODO reviewed the Use ofForce and Restraints PBNDS at EPC to determine if necessary use of
force and the use of restraints is used only after all reasonable efforts have been exhausted to
gain control of a subject, while protecting and ensuring the safety of detainees, staff and others,
preventing serious property damage, and ensuring the security and orderly operation of the
facility. ODO toured the facility, inspected equipment, and reviewed local policies, training
records, and other pertinent documentation.
EPC has a comprehensive policy governing use of force. Clear guidance is provided for the use
of calculated rather than immediate force in most situations. ODO was informed there were 11
immediate and zero calculated force incidents in the past year. In seven (64 percent) of the 11
immediate use of force incidents, force was used when detainees fighting one another did not
stop when ordered to do so. In four (36 percent) of the 11 incidents, the detainees refused to
obey an order and became aggressive toward staff. Detainees involved in all 11 incidents
required the use of restraints. Based on available documentation, ODO determined the facility
complied with the requirements of the PBNDS in all 11 incidents.
Electro-Muscular Disruption Devices are not used at EPC. ICE-approved less-than-lethal
equipment and chemical agents are used by ICE staff only. The EPC Disturbance Control Team
consists of 89 certified ICE staff and 63 certified Akal staff. ICE and Akal officers are certified
by qualified instructors during formal and annual refresher training. ODO reviewed 10 of 69 (14
percent) ICE training files and 17 of 420 (4 percent) Akal training files. Each of the 27 files
reviewed confirmed completion of annual training. ODO verified lesson plans covered use of
force and restraints and principles for application, the use of force continuum, specialized
training, prohibited acts, and reporting requirements.
AKAL and ICE personnel share the responsibility ofvideo-recording use of force incidents.
ODO confirmed ICE staff has not been trained in the operation of audio-visual recording
equipment (UOF&R-1).
A log maintained in the control center documents that camera batteries are checked during each
shift. EPC has three video cameras. Responsibility for maintaining the cameras, regular testing
and charging, aJ:!d ensuring the availability of back-up supplies is not addressed in any post
orders (UOF&R-2).

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY UOF&R-1
In accordance with the ICE PBNDS, Use of Force and Restraints, section (V)(I)(2), the FOD
must ensure, while ICE/[ERO] requires that all use-of-force incidents be documented and
forwarded to ICE/[ERO] for review, for calculated use of force, it is required that the entire
incident be audio visually recorded. The facility administrator or designee is responsible to
ensure that use of force incidents are audio visually recorded. Staff will be trained in the
operation of audiovisual recording equipment. There will be a sufficient number of cameras
appropriately located and maintained in the facility. The audiovisual record and accompanying
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documentation shall be included in the investigation package for the After-Action Review
described below. In SPCs/CDFs, written documentation shall include a "Use of Force" form and
memorandum reporting staff actions, reactions, and responses during the confrontationavoidance process.

DEFICIENCY UOF&R-2
In accordance with the ICE PBNDS, Use of Force and Restraints, section (V)(K), the FOD must
ensure, since audiovisual recording equipment must often be readily available, each facility
administrator shall designate and incorporate in one or more post orders responsibility for:
maintaining cameras and other audiovisual equipment; Regularly scheduled and documented
testing to ensure all parts, including batteries, are in working order; and Keeping back-up
supplies on hand (batteries, tapes or other recording media, lens cleaners, etc.).

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