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
Chicago Field Office
Kenosha County Detention Center
Kenosha, Wisconsin

December 13 - 15, 2011

________________________________
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
KENOSHA COUNTY DETENTION CENTER
CHICAGO FIELD OFFICE
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...........................................................................................................1
INSPECTION PROCESS
Report Organization.............................................................................................................4
Inspection Team Members...................................................................................................4
OPERATIONAL ENVIRONMENT
Internal Relations .................................................................................................................5
Detainee Relations ...............................................................................................................5
ICE NATIONAL DETENTION STANDARDS
Detention Standards Reviewed ............................................................................................6
Detainee Classification System............................................................................................7
Medical Care........................................................................................................................8
Staff-Detainee Communication .........................................................................................10
Telephone Access ..............................................................................................................11
Use of Force.......................................................................................................................13

EXECUTIVE SUMMARY
The Office of Professional Responsibility (OPR), Office of Detention Oversight (ODO)
conducted a Compliance Inspection (CI) of the Kenosha County Detention Center (KCDC) in
Kenosha, Wisconsin, on December 13-15, 2011. KCDC was built in 1998, and is owned by
Kenosha County and operated by the Kenosha County Sheriff’s Department. ICE Enforcement
and Removal Operations (ERO) Chicago Field Office (FOD/Chicago) began housing detainees
at KCDC in August 2002. KCDC houses male and female detainees of all classification levels
for periods in excess of 72 hours, via an Intergovernmental Service Agreement (IGSA) between
ICE and Kenosha County. Medical care is provided by the Kenosha Visiting Nurse Association.
Food service is provided by Kenosha County. The facility holds no accreditations.
The total number of staff (non-ICE) employed at KCDC is (b)(7)e The total bed capacity is 604
with approximately 200 beds available for ICE detainees. At the time of the inspection, KCDC
housed 200 detainees (189 male and 11 female). The average length of stay is 34 days for male
detainees and 22 days for female detainees.
FOD/Chicago is responsible for ensuring facility compliance with ICE policies and the National
Detention Standards (NDS). An Assistant Field Office Director (AFOD) has oversight
responsibility at KCDC. ICE has no permanently assigned staff at KCDC. Immigration
Enforcement Agents (IEA) and Deportation Officers (DO) visit the facility on a weekly basis.
An ICE Detention Service Manager (DSM) conducts oversight visits one week per month. The
Kenosha County Sheriff is the highest ranking official at KCDC and is responsible for oversight
of daily operations. In addition to the Sheriff, supervisory staff at KCDC includes one Chief
Deputy and a Captain of Detentions.
In November 2010, ODO conducted a Quality Assurance Review of the ICE NDS at KCDC.
ODO reviewed a total of 24 NDS, of which 9 were in full compliance. ODO noted 42
deficiencies among the remaining 15 standards, as follows: Detainee Grievance Procedures (4),
Detainee Handbook (3), Detention Files (3), Disciplinary Policy (2), Environmental Health and
Safety (5), Food Service (3), Funds and Personal Property (3), Hunger Strikes (1), Medical Care
(3), Staff-Detainee Communication (4), Suicide Prevention and Intervention (2), Terminal
Illness, Advance Directives, and Death (4), Tool Control (2), Use of Force (2) and Visitation (1).
In April 2011, ERO Detention Standards Compliance Unit contractor, MGT of America, Inc.,
conducted an annual review of the ICE NDS at KCDC. The facility received an overall rating of
“Acceptable” and was found to be in compliance with 35 of 36 standards reviewed. The
Environmental Health and Safety NDS was the lone deficient standard.
During this CI, ODO reviewed 12 ICE NDS and a total of 8 deficiencies were found in the
following 5 standards: Detainee Classification System (1), Medical Care (1), Staff-Detainee
Communication (1), Telephone Access (2) and Use of Force (3). ODO did not find any
deficiencies in its review of the Environmental Health and Safety NDS and found that area to be
well-managed.

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This report includes descriptions of all deficiencies and refers to the specific, relevant NDS. The
report will be provided to ERO to develop corrective actions to resolve identified deficiencies.
All deficiencies were discussed with KCDC personnel on-site during the inspection. Significant
deficiencies were discussed with KCDC personnel during the closeout briefing conducted on
December 15, 2011.
Overall, ODO found KCDC to be well-managed and in compliance with the areas and standards
inspected. Although only eight deficiencies were identified, the majority of those require close
attention and corrective action. In particular, the significant lack of response to detainee requests
and the misapplication of use of force in one instance are areas in need of immediate resolution.
Other identified deficiencies are administrative in nature and should be corrected to ensure for
the rights and well-being of all ICE detainees at the facility. Detainee grievances, segregation
units and food services are well-managed areas that are critically important to ICE overall.
Although ERO does not have officers permanently assigned on-site at KCDC, ODO confirmed
ERO officers conduct regular scheduled and unannounced visits to the housing units weekly.
Officers document these visits on the ICE Facility Liaison Visit Checklist to verify proper
oversight by the local ERO office.
Detainees have the opportunity to submit requests to facility and ICE staff. Detainee requests are
processed by KCDC facility staff and then forwarded to a KCDC supervisor who logs, scans,
and sends each request via email to an ICE point of contact at the ERO FOD/Chicago. ODO
noted during a review of detainee request logs from January 1, 2011 through December 9, 2011,
of 1,738 requests forwarded to ERO, 200 requests received no response and 45 were not
responded to within 72 hours as required by the NDS.
During the inspection, ODO found several deficiencies in its review of the Use of Force NDS.
In particular, a January 2011 instance of use of force was determined to be immediate in nature.
ODO reviewed the records and documentation relating to the occurrence and concluded that a
calculated approach, as per the NDS, was more appropriate and applicable.
The ODO review of the Medical Care NDS was found to be well-managed with only one
deficiency encountered. The deficiency noted that KCDC employs an Inmate Medical Request
Form for detainees to submit a written request for medical services. Detainees submit forms to
correctional staff who sign (with date and time noted) and deliver the forms to medical services.
This procedure allows the correctional staff to view the detainee’s specific medical complaint; a
violation of patient privacy.
Staffing of the medical care unit was adequate. ODO’s review of custody and medical staff
training records, including physicians, revealed all were certified in first aid and
cardiopulmonary resuscitation (CPR). The medical clinic is of adequate size and is sufficiently
equipped to serve the detainee population. The facility does not have a pharmacy.
Intake screening at KCPTF is provided by trained correctional officers. The intake screening
form accompanies ICE detainees transferred from the KCPTF and is reviewed by KCDC nurses.
Detainees with medical needs undergo immediate nursing evaluation upon arrival at KCDC;
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detainees whose intake screenings are negative receive physical examinations (PE) conducted by
RNs within 14 days of arrival.
ODO’s inspection of the Detainee Grievance Procedure standard at KCDC resulted in no
deficient findings. Detainees have the opportunity to file grievances and appeal the decisions of
grievances. A review of 18 detainee grievances filed during the last six months confirmed all
have been adequately adjudicated. Fourteen of the 18 grievances were not signed or dated by the
person receiving and handling the grievance, as required by KCDC policy. ODO did verify that
replies were issued within two to three days of the date of the grievance, as documented by
detainees. Of the total number of grievances reviewed, only one was appealed and the appeal
was addressed within the required 14-day timeframe. Review of grievance responses verify all
were appropriate and provided the detainee with adequate information regarding the outcome of
the grievance.
Food service at KCDC was reviewed to determine if detainees are provided with a nutritious and
balanced diet in a sanitary manner. Inspection of the food service area demonstrated that knives
and utensils were properly controlled, sanitation was maintained, and food temperature
requirements were met. Religious and medical diets were provided and documentation was
available verifying all food service personnel receive medical screening.
KCDC makes use of a mobile law library program. Three portable computer stations are
provided to detainees and are made available in separate rooms. Facility personnel manage and
oversee access to the computers by way of written requests from detainees. Detainees have
access to daily recreation and can send and receive mail. ODO verified detainees are provided
handbooks, in English or Spanish, upon admission. Detainees confirm receipt of the handbook
by signing a facility form that is placed in their respective detention files.

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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
Performance Based National Detention Standards (PBNDS), as applicable. The NDS apply to
KCDC. 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 KCDC 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 KCDC.

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 NDS 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 ongoing process of incorporating best practices in nationwide
detention facility operations.
OPR classifies program issues into one of two categories: deficiencies and areas of concern.
Specific deficiencies and areas of concern are identified in bold with sequential numbers in this
report. OPR defines a deficiency as a violation of written policy that can be specifically linked
to the NDS, or to ICE policy or operational procedure. OPR defines an area of concern as
something that may lead to or risk a violation of the NDS or 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

b6,b7c

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Special Agent (Team Lead)
Special Agent
Contract Inspector
Contract Inspector
Contract Inspector

4

ODO, Houston
ODO, Chicago
Creative Corrections LLC.
Creative Corrections LLC.
Creative Corrections LLC.
Kenosha County Detention Center
ERO Chicago

OPERATIONAL ENVIRONMENT
INTERNAL RELATIONS
ODO interviewed the KCDC Captain of Detentions and the ERO AFOD who is responsible for
oversight of the facility. ICE does not have staff permanently located at KCDC. ERO and
KCDC staff stated that their working relationship is very good. Morale at KCDC was described
as fair to good. According to the AFOD, ICE Health Services Corp (IHSC) personnel is working
with KCDC medical staff to identify care improvement options for possible implementation at
the facility.
According to the AFOD, detainee removal flights are conducted twice each week. The tardy
transportation and delivery of ICE detainees to those flights by KCDC personnel has been a
sporadic recurring problem identified by ERO. The AFOD stated that the level of morale for
ICE personnel is satisfactory. Workload pressures, including a large detainee docket, are issues
of concern by personnel. FOD staff commented that the vehicle fleet is aging and replacement
vehicles are needed. They also expressed a need for additional computers.

DETAINEE RELATIONS
ODO randomly-selected and interviewed 21 male detainees of all classification levels to assess
the overall living and detention conditions at KCDC. Several complained of the high cost of
collect phone calls to family members. Facility staff indicated that calling cards will be available
in the near future through the commissary. It is anticipated that phone rates will be less
expensive when the cards become available.
Detainees expressed concern and complained about response times to medical requests and
overall medical care. Several detainees stated they have limited access to the law library and
must submit a request for use of a computer that is delivered to the housing unit on certain days.
ODO verified KCDC has a mobile law library program. Three portable computer stations are
provided to detainees and are made available in separate rooms. Facility personnel manage and
oversee access to the computers by way of written requests from detainees.
No complaints were expressed about the food service or recreational opportunities.

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ICE NATIONAL DETENTION STANDARDS
ODO reviewed a total of 12 NDS and found KCDC fully compliant with the following 7
standards:
Access to Legal Material
Detainee Grievance Procedures
Detainee Handbook
Detainee Transfers
Environmental Health and Safety
Food Service
Special Management Unit (Administrative and Disciplinary Segregation)
As these standards were compliant at the time of the review, a synopsis for these areas was not
prepared for this report.
ODO found deficiencies in the following five standards:
Detainee Classification System
Medical Care
Staff-Detainee Communication
Telephone Access
Use of Force
Findings for each of these standards are presented in the remainder of this report.

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DETAINEE CLASSIFICATION SYSTEM (DCS)
ODO reviewed the Detainee Classification System NDS at KCDC to determine if there is a
requirement for a formal classification process for managing and separating detainees based on
verifiable and documented data. ODO interviewed staff and reviewed local policy, detainee
records, and housing unit assignments.
Detainees are classified by ICE officials by way of the detainee classification system primary
assessment form. ODO verified detainees are classified upon arrival at the Kenosha County PreTrial Facility and are housed at KCDC according to their classification level. A review of 20
detainee detention files found that 3 of the files did not contain primary assessment forms
(Deficiency DCS-1). Primary assessment forms provide scoring of detainee criminal histories
and other special management factors. ODO verified that male and female detainees are
separated at all times and level one classified individuals are never housed with level three
detainees.

STANDARD/POLICY REQUIREMENT FOR DEFICIENT FINDINGS
DEFICIENCY DCS-1
In accordance with ICE NDS, Detainee Classification System, section (III)(B), the FOD must
ensure the officer assigned to intake/processing will review the detainee’s A-file, work-folder
and/or information provided by ICE, to identify and classify each new arrival according to the
Detention Classification System (DCS). Pending receipt and processing of critical information,
the officer will segregate the detainee from the general population. The officer will place all
original paperwork relating to the detainee’s assessment and classification in his/her A-file (right
side), with a copy placed in the detention file.

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MEDICAL CARE (MC)
ODO reviewed the Medical Care NDS at KCDC to determine if detainees have access to
healthcare and emergency services to meet health needs in a timely manner. ODO toured the
medical clinic, reviewed policies and procedures, and examined 25 ICE detainee medical
records. ODO also observed medication rounds, Special Housing Unit (SHU) rounds, and initial
health appraisals, and interviewed nursing staff and ICE detainees. KCDC is not accredited by
any external organization.
Nursing services at KCDC are provided by contractor Kenosha Visiting Nurse Association
(KVNA). Nursing staff consists of four full-time and two part-time registered nurses (RN) and
two licensed practical nurses (LPN). Nurses are on-site 16 hours a day, 7 days a week.
Emergency care, when nursing staff are not on-site, is provided by on-call nurses from the
Kenosha County Pre-Trial Facility (KCPTF), the contract physician, or by local Emergency
Medical Services. Physician services are provided by Advanced Correctional Care (ACC), and a
physician is on-site four hours a week. Mental health services are provided by a clinical
psychologist. ODO verified staff is appropriately credentialed by education and experience and
professional credentials are primary source verified. Dental care is available in the local
community or at the KCPTF. A mobile radiology service is used for chest and other routine
x-rays.
The medical clinic is of adequate size and is sufficiently equipped to serve the detainee
population. The facility does not have a pharmacy. Medications are stored in locked medication
carts located in the locked Health Services Unit.
Overall, ODO found compliance with the standard. Intake screening at KCPTF is provided by
trained correctional officers. The intake screening form accompanies ICE detainees transferred
from the KCPTF and is reviewed by KCDC nurses. Detainees with medical needs undergo
immediate nursing evaluation upon arrival at KCDC; detainees whose intake screenings are
negative receive physical examinations (PE) conducted by RNs within 14 days of arrival. ODO
verified the PEs covered all National Commission on Correctional Health Care (NCCHC) and
NDS required elements, were reviewed and signed by a physician, and appropriate follow-up
occurred.
TB testing is completed by PPD skin test or chest x-ray on all detainees upon arrival at the
KCPTF or KCDC. ODO noted that detainees who have a PPD result equal to or greater than 10
millimeters and a chest x-ray that is negative for active TB infection are given a Kenosha County
Health Department letter advising them to seek treatment for Latent Tuberculosis Infection
(LTBI) after release from KCDC. ODO was informed they are not offered prophylactic therapy
(INH) at the KCDC due to the short length of stay. Though initiation of treatment is generally
considered desirable, it is not required by the NDS and Wisconsin state law.
KCDC employs an Inmate Medical Request Form for detainees to submit a written request for
medical services. ICE detainees are not charged medical co-payments at KCDC. Detainees

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submit forms to correctional staff who sign (with date and time noted) and deliver the forms to
medical services. This procedure allows the correctional staff to view the detainee’s specific
medical complaint, which is a violation of patient privacy (Deficiency MC-1). ODO
recommends that detainee medical requests be placed in secured boxes in the housing units and
that medical staff retrieve these requests. This deficiency was noted in ODO’s November 2010
inspection of the KCDC. ODO verified medical staff triages Medical Requests in a timely
manner, and if determined necessary, detainees are scheduled for a sick call appointment within
48 hours. ODO notes many requests are responded to with written suggested actions to alleviate
the symptoms described on the form, and not through face-to-face evaluation. This is not an
accepted correctional health care practice and is cited as an area of concern (Area of Concern
MC-1). When a detainee describes a medical symptom, an evaluation by medical staff to
determine the cause and appropriate treatment should occur.
ODO’s review of custody staff training records revealed all were certified in first aid and
cardiopulmonary resuscitation (CPR). Medical staff, including physicians, had documentation of
first aid and CPR training.
ODO was informed all detainee grievances related to health care are reviewed by the supervising
registered nurse and the ICE Detention Services Manager on a monthly basis. ODO interviewed
21 ICE detainees, five of whom complained about medical services. Review of the medical
records of those who complained about medical services revealed medical staff adequately
responded to health requests in all five cases. ODO notes some of the complaints centered on the
inability to receive immediate over-the-counter medications for relief of common headaches and
other ailments. A KCDC mandate dated November 28, 2011, instructed staff that any time an
ICE detainee files a health request for a headache, they will be seen by staff.

STANDARD/POLICY REQUIREMENT FOR DEFICIENT FINDINGS
DEFICIENCY MC-1
In accordance with ICE NDS, Medical Care, section (III)(M), the FOD must ensure all medical
providers shall protect the privacy of detainee’s medical information to the extent possible while
permitting the exchange of health information required to fulfill program responsibilities and to
provide for the well-being of detainees.

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STAFF-DETAINEE COMMUNICATION (SDC)
ODO reviewed the Staff-Detainee Communication (SDC) standard at KCDC to determine if
procedures are in place to allow formal and informal contact between detainees and key ICE and
facility staff, and if ICE detainees are able to submit written requests to ICE staff and receive
responses in a timely manner, in accordance with the NDS. ODO reviewed logbooks, and
interviewed staff and detainees.
ICE has no permanently assigned staff at KCDC. A review of the KCDC visitation logbook and
interviews with facility staff indicate ERO management and staff conduct regular announced and
unannounced visits to monitor living conditions, address detainee concerns, and complete the
Facility Liaison Visit Checklist. ODO confirmed that regular announced visits by ICE staff
occur each Wednesday and time is allotted during the visits to allow for detainee questions and
concerns. ODO found visits by ICE management staff occur five to six times per year, as per
interviews conducted with KCDC management personnel.
ODO reviewed the ICE detainee request submission process. Requests are collected by facility
staff and submitted to a KCDC supervisory officer. The officer logs, scans, and forwards each
request via email to an ICE point of contact at the FOD/Chicago office. The supervisory officer
receives responses from ERO via email and subsequently logs, prints, and delivers the responses
to the respective detainees. A review of the detainee request log from January 1 to December 9,
2011, reflects 1,738 requests forwarded to ERO. All requests were forwarded to ERO within 72
hours of receipt by KCDC. Two-hundred (11.5%) requests received no response from ERO and
forty-five (2.6%) were not responded to within 72 hours of the date forwarded to ICE, as
required by the NDS (Deficiency SDC-1). The detainee request process is a critical function of
the overall ICE staff-detainee relationship. Detainees must be afforded the opportunity to
convey their questions and concerns to ERO staff, and should have assurance that responses will
be communicated in a timely manner. ODO has repeatedly found that a well-run request process
typically contributes greatly to a positive environment between staff and detainees.

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY SDC-1
In accordance with the ICE NDS, Staff-Detainee Communication, section (III)(B)(1)(b), the
FOD must ensure the detainee requests shall be forwarded to the ICE office of jurisdiction within
72 hours and answered as soon as possible and practicable, but not later than within 72 hours
from receiving the request. If it is apparent that the request is serious in nature, procedures shall
be in place for an expedited review and response to the detainee’s request.

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TELEPHONE ACCESS (TA)
ODO reviewed the Telephone Access standard at KCDC to determine if detainees are provided
with reasonable and equitable access to telephones during established facility waking hours. To
ensure sufficient access, the facility shall provide at least one telephone for detainee use for
every 25 detainees held in accordance with the ICE NDS. ODO reviewed local policies and
procedures and the detainee handbook, interviewed staff, inspected the areas where telephones
are located, and tested the functionality of several randomly-selected telephones.
An adequate number of telephones are present in the housing units for ICE detainees. In cases in
which detainees need to speak to an attorney, designated phones are located in an isolated area,
outside of the housing units, to ensure for privacy.
The detainee handbook states that the housing unit telephones have a 15 minute time limit,
instead of the NDS-required 20 minute minimum time limit (Deficiency TA-1). ODO reviewed
the KCDC Standard Operating Procedure (SOP) regarding Telephone Access for ICE detainees.
The SOP informs facility staff that detainees are permitted to use the phones for a time period no
shorter than 20 minutes, and the detainee shall be allowed to continue the call if desired, at the
first available opportunity. ODO confirmed that the phones are currently configured to
disconnect after 15 minutes. ODO advised facility staff that use of the telephones by detainees
must be in accordance with the NDS and the KCDC policy. KCDC staff stated they would
implement the changes to the call length.
The detainee handbook does not state that phone calls are subject to monitoring by the facility
(Deficiency TA-2). ODO did observe that a notice of monitoring was placed on each telephone.
ODO advised facility staff that the notices on the phones should be replaced as they begin to
wear, or are removed by detainees, to remain in compliance with the NDS.

STANDARD/POLICY REQUIREMENT FOR DEFICIENT FINDINGS
DEFICIENCY TA-1
In accordance with ICE NDS, Telephone Access, section (III)(F), the FOD must ensure the
facility shall not restrict the number of calls a detainee places to his/her legal representatives, nor
limit the duration of such calls by rule or automatic cut-off, unless necessary for security
purposes or to maintain orderly and fair access to telephones. If time limits are necessary for
such calls, they shall be no shorter than 20 minutes, and the detainee shall be allowed to continue
the call if desired, at the first available opportunity.
DEFICIENCY TA-2
In accordance with ICE NDS, Telephone Access, section (III)(K), the FOD must ensure the
facility shall have a written policy on the monitoring of detainee telephone calls. If telephone
calls are monitored, the facility shall notify detainees in the detainee handbook or equivalent
provided upon admission. It shall also place a notice at each monitored telephone stating:

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1. that detainee calls are subject to monitoring; and
2. the procedure for obtaining an unmonitored call to a court, legal representative, or
for the purposes of obtaining legal representation.
A detainee’s call to a court, a legal representative, or for the purposes of obtaining legal
representation will not be aurally monitored absent a court order. The OIC retains the discretion
to have other calls monitored for security purposes.

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USE OF FORCE (UOF)
ODO reviewed the Use of Force NDS at KCDC to determine if necessary use of force 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 interviewed staff and reviewed
local policy, training records, and use of force documentation.
The use of force policy covers all components of the NDS. ODO verified that all detention
officers receive annual training in the use of force, to include confrontation avoidance and the
use of Oleoresin Capsicum (OC spray).
ODO was informed that while there were no calculated use of force incidents, there were four
immediate use of force incidents since the November 2010 ODO Quality Assurance Review. An
immediate use of force situation is created when a detainee's behavior constitutes a serious and
immediate threat to self, staff, another detainee, property, or the security and orderly operation of
the facility. In that situation, staff may respond without a supervisor's direction or presence.
Calculated uses of force occur when there is no immediate threat to the detainee or others; the
officer(s) take the time to assess the possibility of resolving the situation without resorting to
force. A calculated use of force affords staff the opportunity to strategize, resolving situations in
the least confrontational manner.
ODO reviewed the four immediate use of force incidents and found one of the occurrences
should have been considered a calculated use of force. In January 2011, a detainee was locked in
his secure cell in the Special Management Unit for disciplinary reasons. While there, the
detainee moved his mattress to the floor and refused orders by a corrections officer to return it to
the bed frame. Subsequently, the detainee refused to be handcuffed to allow for safe entry by
staff into the cell to remove the mattress (Deficiency UOF-1).
The detainee asked to see a lieutenant and was told that there was no lieutenant on duty. The
officer deployed a one second burst of OC spray to the detainee’s facial area. Prior to the arrival
of back-up officers the officer deployed a second burst of OC spray to the detainee’s facial area.
The OC was deployed without requesting that a supervisor report to the scene to assess the need
for force and to ensure that all necessary and appropriate action was taken to avoid confrontation.
Additionally, medical personnel were not consulted to determine if the detainee had a medical
condition that may be exacerbated by OC spray (Deficiency UOF-2).
The detainee subsequently complied with officers, was handcuffed and removed from his cell.
(b)(7)e
He resisted the control efforts of officers and a KCDC-trained
was applied behind the left ear to gain compliance. The detainee refused a
(b)(7)e
shower for decontamination and was placed in a restraint chair to be showered. Medical staff
checked the straps on the restraint chair; however, a medical examination to determine the
presence or absence of any injuries was not conducted following the incident (Deficiency UOF3).

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An after-action review was conducted and documentation on the incident was forwarded to ICE
in accordance with the standard and facility policy. ODO found the internal after-action review
is conducted solely by the shift sergeant. To ensure use of force incidents are adequately and
objectively assessed, ODO recommends adding at least one additional layer of review by a
person of higher rank.

STANDARD/POLICY REQUIREMENT FOR DEFICIENT FINDINGS
DEFICIENCY UOF-1
In accordance with ICE NDS, Use of Force, section (III)(A)(2), the FOD must ensure that if a
detainee is in an isolated location (e.g., a locked cell, a range) where there is no immediate threat
to the detainee or others, the officer(s) shall take the time to assess the possibility of resolving the
situation without resorting to force. The calculated use of force is feasible in most cases.
Calculated use of force is appropriate when the detainee is in a cell or other area with a securable
door or grill, even if the detainee is verbalizing threats or brandishing a weapon, provided staff
sees no immediate danger of the detainee causing harm. The calculated use of force affords staff
time to strategize, resolving situations in the least confrontational manner.
DEFICIENCY UOF-2
In accordance with ICE NDS, Use of Force, section (III)(A)(3), the FOD must ensure before
authorizing the calculated use of force, the ranking detention official, a designated health
professional, and others as appropriate assess the situation. Taking into account the detainee’s
history and the circumstances of the immediate situation, they will determine the appropriateness
of using force.
DEFICIENCY UOF-3
In accordance with ICE NDS, Use of Force, section (III)(G)(2), the FOD must ensure after any
use of force or forcible application of restraints, medical personnel shall examine the detainee,
immediately treating any injuries. The medical services provided shall be documented.

Office of Detention Oversight
December 2011
OPR 201200871

14

Kenosha County Detention Center
ERO Chicago