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
St. Paul Field Office
Marshall County Jail
Marshalltown, Iowa

March 17–19, 2015

COMPLIANCE INSPECTION
MARSHALL COUNTY JAIL
ERO ST. PAUL FIELD OFFICE
TABLE OF CONTENTS
INSPECTION PROCESS
Report Organization.............................................................................................................1
Inspection Team Members...................................................................................................2
EXECUTIVE SUMMARY ...........................................................................................................3
OPERATIONAL ENVIRONMENT
Detainee Relations ...............................................................................................................8
ICE 2000 NATIONAL DETENTION STANDARDS
Detention Standards Reviewed ............................................................................................9
Access to Legal Material ...................................................................................................10
Admission and Release ......................................................................................................12
Detainee Grievance Procedures .........................................................................................15
Environmental Health and Safety ......................................................................................17
Food Service ......................................................................................................................19
Funds and Personal Property .............................................................................................22
Staff-Detainee Communication .........................................................................................24

INSPECTION PROCESS
The U.S. Immigration and Customs Enforcement (ICE), Office of Professional
Responsibility (OPR), Office of Detention Oversight (ODO) conducts broad-based compliance
inspections to determine a detention facility’s overall compliance with the applicable ICE
National Detention Standards (NDS) or Performance-Based National Detention
Standards (PBNDS), and ICE policies. ODO bases its compliance inspections around specific
detention standards, also referred to as core standards, which directly affect detainee health,
safety, and well-being. Inspections may also be based on allegations or issues of high priority or
interest to ICE executive management.
Prior to an inspection, ODO reviews information from various sources, including the Joint Intake
Center (JIC), Enforcement and Removal Operations (ERO), detention facility management, and
other program offices within the U.S. Department of Homeland Security (DHS). Immediately
following an inspection, ODO hosts a closeout briefing at which all identified deficiencies are
discussed in person with both facility and ERO field office management. Within days, ODO
provides ERO a preliminary findings report, and later, a final report, to assist in developing
corrective actions to resolve identified deficiencies.

REPORT ORGANIZATION
ODO’s compliance inspection reports provide executive ICE and ERO leadership with an
independent assessment of the overall state of ICE detention facilities. They assist leadership in
ensuring and enhancing the safety, health, and well-being of detainees and allow ICE to make
decisions on the most appropriate actions for individual detention facilities nationwide.
ODO defines a deficiency as a violation of written policy that can be specifically linked to ICE
detention standards, ICE policies, or operational procedures. Deficiencies in this report are
highlighted in bold and coded using unique identifiers. Recommendations for corrective actions
are made where appropriate. The report also highlights ICE’s priority components, when
applicable. Priority components have been identified for the 2008 and 2011 PBNDS; priority
components have not yet been identified for the NDS. Priority components, which replaced the
system of mandatory components, are designed to better reflect detention standards that ICE
considers of critical importance. These components have been selected from across a range of
detention standards based on their importance to factors such as health and safety, facility
security, detainee rights, and quality of life in detention. Deficient priority components will be
footnoted, when applicable. Comments and questions regarding this report should be forwarded
to the Deputy Division Director, OPR ODO.

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INSPECTION TEAM MEMBERS

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

Management and Program Analyst (Team Lead)
Inspections and Compliance Specialist
Inspections and Compliance Specialist
Contractor
Contractor
Contractor
Contractor

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ODO
ODO
ODO
Creative Corrections
Creative Corrections
Creative Corrections
Creative Corrections

Marshall County Jail
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EXECUTIVE SUMMARY
ODO conducted a compliance inspection of Marshall County Jail (MCJ) in Marshalltown, Iowa,
from March 17 to 19, 2015. MCJ, which opened in 2000, is owned by Marshall County and
operated by the Marshall County Sheriff’s Office. ERO began housing detainees at MCJ in
September 2000 under an Intergovernmental Service Agreement (IGSA) contract with the US
Marshals Service. Male and female detainees of security classification levels (Level I through
III) are detained at the facility for periods in excess of 72 hours. The inspection evaluated MCJ’s
compliance with the 2000 NDS.
The ICE ERO Field Office Director (FOD) in St. Paul, Minnesota, is responsible for ensuring
facility compliance with the 2000
Capacity and Population Statistics
Quantity
NDS and ICE policies. An Assistant
Total Bed Capacity
182
Field Office Director (AFOD) in the
ICE Detainee Bed Capacity
60
Omaha, Nebraska sub-office has
Average Daily Population
130
primary oversight responsibility at
Average ICE Detainee Population
25
MCJ. No ICE personnel are
Average Length of Stay (Days)
21
stationed onsite at the facility. There
is no ERO Detention Services
Male Detainee Population Count
24
Manager assigned to MCJ. MCJ had
Female Detainee Population Count
0
not signed a contract modification to
comply with the 2011 Sexual Abuse and Assault Prevention and Intervention (SAAPI) standard.
A Jail Administrator is responsible for oversight of daily facility operations and is supported by
jailers. Consolidated Correctional Food
(b)(7)epersonnel that include (b)(7)e shift supervisors and(b)(7)e
Service provides food services, and Marshall County provides medical services. The facility
holds no accreditation.
This represents ODO’s first compliance inspection of MCJ. During this inspection, ODO
reviewed 15 NDS and found MCJ compliant with eight standards. ODO found a total of 27
deficiencies in the remaining seven standards: Access to Legal Material (2), Admission and
Release (3), Detainee Grievance Procedures (4), Environmental Health and Safety (1), Food
Service (9), Funds and Personal Property (3), and Staff- Detainee Communication (5). ODO
made one recommendation regarding facility policy and procedures, 1 and identified one
opportunity where the facility initiated corrective action during the inspection. 2
This report details all deficiencies and refers to the specific, relevant sections of the 2000 NDS.
ERO will be provided a copy of this report to assist in developing corrective actions to resolve
all identified deficiencies. ODO discussed preliminary findings with MCJ and ERO
management during the inspection and at a closeout briefing conducted on March 19, 2015.
Upon admission into MCJ, a detainee’s property and monies are collected and inventoried. All
inventory forms are signed and dated by the staff and the detainee, and placed in the detention
file. Once staff completes screening interviews and questionnaires, the results are entered into
the MCJ database. Initial medical screening is conducted, photographs and fingerprints are
1
2

Recommendations are annotated in this report as “R.”
Corrective actions initiated by the facility are annotated in the report as “C.”

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taken, and the detention file is assembled. Detainees are escorted to a separate area where they
shower, change into jail clothing, and receive a “bed roll” with clothing, linen and personal
hygiene items consistent with NDS requirements. The MCJ does not have an orientation
program. The procedures pertaining to the admission and release process were not approved by
ERO.
Detainees are provided the ICE National Detainee Handbook during processing at the ERO field
office and sub-offices. Detainees are not provided with an MCJ facility handbook upon
admission. The facility handbook is available in English and Spanish.
ERO provides completed Risk Classification Assessment summary forms and the Order to
Detain (I-203); however, MCJ staff conduct their own criminal history checks and gather
information from other appropriate sources in order to objectively classify the detainee. MCJ
classifies detainees as either “minimum,” “medium,” or “maximum” classification levels. The
classification system and appeal rights are addressed in the MCJ handbook.
Detainees’ personal property and funds are inventoried and inspected for contraband during the
intake process. Clothing is placed in a hanging garment bag, and valuables are inventoried
separately and placed in an envelope inserted in the property bag and stored in a secured property
room accessible by authorized MCJ staff. Any monies are placed in a sealed envelope bearing
the detainee’s name and signed by two staff members attesting to the contents. Any foreign
currency is collected, inventoried by denomination, and stored with the detainee’s property.
MCJ does not obtain a forwarding address from detainees who have personal property and there
are no written policies or procedures addressing detainee property that is reported lost or
damaged. ODO’s review of the MCJ handbook found it does not include information on
procedures for requesting identity documents or procedures for filing a claim of lost or damaged
property.
The grievance system at MCJ allows detainees to file informal, formal and emergency grievances.
MCJ written policies and procedures, as well as their handbook, do not make any references to
ICE detainees, only inmates. MCJ does not use a grievance committee to review formal detainee
grievances, but instead uses a single grievance officer. The MCJ handbook does not address
emergency grievances or guarantee against reprisal for detainees who file grievances. The MCJ
handbook does not inform detainees of their right to file a complaint directly to DHS OIG in
writing or by phone, nor does it provide the necessary contact information. In the past year, one
grievance was submitted by an ICE detainee. A review of the detainee’s detention file revealed
that MCJ does not keep a copy of the grievance in their detention file for a minimum of
3 years.
MCJ has a designated law library that is well lit and adequately equipped as required by the
standard. Detainees have access to the law library a minimum of five hours per week and can
request additional time by submitting a request to the housing unit officers. Detainees housed in
special management units are afforded the same access to law library privileges as general
population detainees. Writing implements, paper and envelopes are provided by the facility to
support a detainee’s legal research and case preparation. The computer contained a current
version of LexisNexis and word processing software. MCJ does not have written procedures for
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assisting unrepresented illiterate or non-English speaking detainees who wish to pursue a legal
claim or draft legal documents. There were no operational policies and procedures posted in the
law library. MCJ initiated corrective action during the inspection.
ODO toured the facility and found sanitation in the facility was acceptable in most areas, except
for the kitchen. ODO confirmed MCJ has a master index of hazardous chemicals, which
includes all Material Safety Data Sheets (MSDS), emergency telephone numbers and
documentation of required reviews. MSDS were also available in locations where hazardous
substances are used. During a tour of the kitchen, ODO observed flammable aerosol cans of pan
spray were not controlled, supervised or stored in a fire resistant cabinet. Weekly and monthly
fire and safety inspections are completed, and evacuation diagrams are posted throughout the
facility in English and Spanish and included “You Are Here” markers and locations of
emergency equipment. Documentation of generator and water testing, medical waste disposal,
and pest control services supported full compliance with the standard.
The MCJ’s food service vendor does not require its employees to undergo a pre-employment
medical exam. Neither staff nor inmate workers underwent physical examination to clear them
to work in a food service operation. ODO observed staff and inmate workers did not
consistently wear beard guards for facial hair and hairnets. Documentation of a complete
nutritional analysis and certification by a registered dietitian was available for the general cycle
menu but not religious menus. Garbage cans located in the kitchen area did not have lids; the
dishwasher had significant lime and mineral deposits on the interior and exterior; the ceiling
vents throughout the kitchen had a noticeable build up of grimy dust; and two mixers had dried
food particles on the splash guards. Significant grime and grease build up was observed in the
neck and grease trap of the grill and in the ventilation hoods. The sinks, toilets and floors in the
staff and inmate lavatories were dirty, with no indication of routine cleaning. Soup bowls and
cups are not air dried properly. ODO recommends a system of inspections and structured
cleaning programs in the kitchen.
Healthcare is provided by a contract physician and two registered nurses, one of whom is
designated as the Responsible Health Authority. The contract physician is the clinical medical
authority responsible for all clinical decisions and is on site one day a week to review medical
records and co-sign documents. A registered nurse completes the initial health appraisal, which
includes a hands-on physical examination and dental screening. ODO confirmed professional
licenses for all medical staff were current and primary source verified. There are no on-site
mental health services. The physician conducts the initial assessment for mental health concerns,
medications and refers detainees to the local mental health clinic. A registered nurse and the
contract physician are on-call for emergencies 24 hours a day. Detainees access healthcare by
submitting written request forms available in English and Spanish. The forms are provided and
retrieved by nursing staff during rounds three times a day. A review of 12 sick-call requests
found they were triaged within 24 hours of receipt.
There were no attempted suicides reported by MCJ in the past year, nor were there any detainees
on suicide watch at the time of inspection. ODO confirmed detainees are screened for suicide
risk upon admission. A review of the policy confirmed procedures are in place for referring
detainees to medical if a detainee expresses or exhibits suicidal ideation. ODO noted only the
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physician has the authority to release detainees from suicide watch. MCJ’s designated rooms for
suicide watch are in the booking area. Inspection of the rooms found the rooms have large glass
panels allowing continuous observation by booking staff and each room is monitored with the
use of a video camera.
MCJ does not have a Sexual Abuse and Assault Prevention and Intervention (SAAPI) program
and there have been no SAAPI incidents involving detainees in the last year. MCJ has a policy
addressing sexual harassment. The policy states MCJ will not tolerate sexual harassment or any
other forms of unlawful harassment. Three MCJ staff members have been trained and certified
as Prison Rape Elimination Act (PREA) investigators. PREA training is scheduled for all staff
and volunteers upon entry and as a refresher annually. Detainees are provided information on
sexual abuse and harassment during the intake process.
MCJ has two separate Special Management Units (SMU), one for male detainees and the other for
female detainees. Each of the SMUs is used for administrative and disciplinary segregation with
separation afforded by cell assignment. ODO found the SMUs to be well ventilated, adequately
lit, appropriately heated, and maintained in excellent sanitary condition. There were no detainees
in administrative or disciplinary segregation at the time of inspection or 12 months preceding the
inspection. ODO determined the facility policy for administrative segregation meets or exceeds
the requirements of the NDS. ODO confirmed MCJ has a permanent log for recording privileges
and services. A review of the log and 24 detainee files found no evidence of detainee placement
in administrative segregation.
ODO reviewed the MCJ policy and confirmed all requirements of the NDS are addressed,
including the requirement that detainees be issued a copy of the hearing officer’s decision
imposing a disciplinary segregation term. Detainees have fewer privileges and are subject to
more restrictive procedures regarding personal property and commissary items while housed in
disciplinary segregation. The maximum period of disciplinary segregation allowed by MCJ
policy is 30 days. ODO verified MCJ has a permanent log for recording all privileges and
services.
ICE staff makes weekly scheduled visits and schedules are posted in housing units. ODO
verified visits are documented by use of the ICE Facility Liaison Visit Checklists and telephone
serviceability worksheets, but was unable to review a sign-in log because there were no specific
procedures for documenting visits. The MCJ handbook does have written procedures
establishing how detainees can submit request forms and availability to request assistance. The
DHS OIG Hotline and OIG Hotline posters are not posted in the housing units. ODO reviewed
the logbook specifically designed for ICE requests and determined the last entry was from
September 2014. Currently, requests are not logged and forwarded to ICE offices within 72
hours and responded to within 72 hours as required by the standard. After further review, ODO
found that copies of detainee request forms are not maintained in the detainee’s detention file for
at least three years.
Telephone access is available for all detainees during waking hours provided they are not
confined to their cells. To use the telephones detainees need their Alien Registration Number
and a PIN which is provided to the detainees by the housing unit officer. The telephone
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availability ratio for detainees in housing pods is one telephone per five detainees. ODO
conducted operational checks of telephones in all housing units and reviewed ERO telephone
serviceability worksheets to confirm that telephones are operable and in good working order.
MCJ has a comprehensive use of force policy addressing confrontation avoidance, using force
only as a last resort, and reporting requirements when force is used. Security personnel are
trained in the use of force and are certified in the use of oleoresin capsicum (OC) spray during
pre-service and annual training. There were no incidents involving use of force in the 12 months
preceding the inspection, nor were there any grievances filed by detainees alleging use of force.

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OPERATIONAL ENVIRONMENT
DETAINEE RELATIONS
ODO interviewed 20 randomly-selected male detainees (there were no female detainees in
custody during the inspection) to assess the conditions of confinement at MCJ. Interview
participation was voluntary and the majority of the detainees reported they were treated with
dignity and respected by MCJ staff. Overall, detainees expressed satisfaction with the treatment
and services provided at MCJ. ODO received no complaints concerning issuance and
replenishment of hygiene supplies, sending and receiving mail, visitation, access to religious
services, or grievance forms.
Twelve detainees reported they had not received the ICE National Detainee Handbook and all 20
reported they had not received the MCJ handbook. ODO reviewed 20 detention files and could
not verify whether or not the detainees had received the ICE National Detainee or MCJ
handbook. MCJ confirmed they do not provide detainees with a handbook upon entry. ODO
cited this as a deficiency under the Admission and Release standard. The SDDO stated some
detainees are issued the ICE National Detainee Handbook during in-processing at the Omaha
Sub-office before being sent to MCJ.
Ten detainees stated that on several occasions the food portions were small and the same food
was being served every other day. A review of the menu revealed the diet served is balanced and
approved by a dietitian. ODO also observed proper portions being served during the lunch meal
on Wednesday of the inspection.
One detainee alleged he was losing weight due to the small food portions. The detainee was
subsequently seen by medical where it was determined that the detainee had actually gained a
pound.
One detainee stated he had a cyst that caused him pain. ODO contacted the medical clinic where
the detainee was scheduled to be seen and evaluated.
Another detainee stated he had a severe case of psoriasis and was not receiving treatment. A
review of his medical file showed the detainee had been prescribed medicine to treat the
psoriasis, but had not informed the medical clinic he desired further treatment. The detainee was
referred to the medical clinic where he was evaluated.
Six detainees complained to ODO of dental issues related to the denial of service. ODO
reviewed the medical records for all six detainees. Three of the detainees had not identified a
dental issue during intake screening or since intake with the facility medical clinic. Those three
detainees were referred to the medical clinic: one had an appointment with the dentist scheduled
for March 23, 2015, one was being scheduled to see a dental provider, and one was pending a
decision related to a tooth extraction.

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ICE 2000 NATIONAL DETENTION STANDARDS
ODO reviewed a total of 15 NDS and found MCJ fully compliant with the following eight
standards:
1.
2.
3.
4.
5.
6.
7.
8.

Detainee Handbook
Medical Care
Special Management Unit-Administrative
Special Management Unit- Disciplinary
Detainee Classification System
Suicide Prevention and Intervention
Telephone Access
Use of Force

As the standards above were compliant at the time of the inspection, a synopsis for these
standards is not included in this report.
ODO found 27 deficiencies in the following seven standards:
1.
2.
3.
4.
5.
6.
7.

Access to Legal Material
Admission and Release
Detainee Grievance Procedures
Environmental Health & Safety
Food Service
Funds and Personal Property
Staff Detainee Communication

Findings for these standards are presented in the remainder of this report.

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ACCESS TO LEGAL MATERIALS (ALM)
ODO reviewed the Access to Legal Material standard at MCJ to determine if detainees have
access to a law library, legal materials, courts, counsel and document copying equipment to
facilitate the preparation of legal documents, in accordance with the ICE 2000 NDS.
The MCJ law library is monitored and operated by MCJ staff. MCJ has devised a flexible
schedule to permit all detainees to use the library on a regular basis. Detainees housed in
administrative or disciplinary segregation units have the same law library access as the general
population. The hours are Monday through Friday from 8:00 a.m. until 9:00 p.m. The law
library can accommodate two detainees per session.
ODO observed, and was informed by the ERO SDDO, that the LexisNexis software installed is
current and operational.
The facility does not have written procedures for assisting unrepresented illiterate or non-English
speaking detainees who wish to pursue a legal claim related to their immigration proceedings or
detention or indicate difficulty with using the law library and drafting legal documents
(Deficiency ALM-1). ODO observed there were no operational policies and procedures posted in
the law library (Deficiency ALM-2). The facility initiated corrective action by posting the
operational rules and procedures governing access to legal materials in the law library (C-1).
ODO also observed the MCJ handbook did not provide detainees with the rules and procedures
governing access to legal materials.

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY ALM-1
In accordance with the ICE NDS, Access to Legal Material, section (III)(L), the FOD must
ensure, “Unrepresented illiterate or non-English speaking detainees who wish to pursue a legal
claim related to their immigration proceedings or detention and indicate difficulty with the legal
materials must be provided with more than access to a set of English-language law books.
Facilities shall establish procedures to meet this obligation, such as:
1. helping the detainee obtain assistance in using the law library and drafting legal
documents from detainees with appropriate language and reading-writing abilities; and
2. assisting in contacting pro bono legal-assistance organizations from the INS-provided
list.
If such methods prove unsuccessful in providing a particular non-English-speaking or illiterate
detainee with sufficient assistance, the facility shall contact the INS to determine appropriate
further action.”

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DEFICIENCY ALM-2
In accordance with the ICE NDS, Access to Legal Material, section (III)(Q), the FOD must
ensure, “The detainee handbook or equivalent, shall provide detainees with the rules and
procedures governing access to legal materials, including the following information:
1. that a law library is available for detainee use;
2. the scheduled hours of access to the law library;
3. the procedure for requesting access to the law library;
4. the procedure for requesting additional time in the law library (beyond the 5 hours per
week minimum);
5. the procedure for requesting legal reference materials not maintained in the law library;
and
6. the procedure for notifying a designated employee that library material is missing or
damaged.
These policies and procedures shall also be posted in the law library along with a list of the law
library’s holdings.”

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ADMISSION AND RELEASE (AR)
ODO reviewed the Admission and Release standard at MCJ to determine if procedures are in
place to protect the health, safety, security and welfare of each person during the admission and
release process, in accordance with the ICE 2000 NDS. ODO reviewed policy and
documentation, and toured the booking and property storage areas. There were no detainees
admitted or released during the inspection; therefore, processing could not be observed.
Per policy and as explained by staff, arriving detainees enter through a secure vestibule where
restraints are removed and property and monies are collected and inventoried. All inventory
forms are signed and dated by the staff and detainee, and placed in the detention file. MCJ staff
completes screening interviews and questionnaires, the results of which are entered into the
facility database. Initial medical screening is also conducted, photographs and fingerprints are
taken, and the detention file is assembled. Upon completion of these processes, the detainee is
escorted to a separate area where the detainee showers, changes into jail clothing, and receives a
“bed roll” with clothing, linens and personal hygiene items consistent with NDS requirements.
There is a posted clothing and linen exchange program in place and all personal hygiene items
are replaced free of charge.
MCJ does not strip search arriving detainees as a matter of course. The policy states strip
searches may be conducted only if there is probable cause the detainee is secreting contraband.
A written report supporting probable cause, supervisory authorization, and documentation of the
details of the search is required, and a copy or the report is provided to the detainee. ODO’s
review of available documentation found no evidence any detainees were strip searched.
Following intake processing, the detainee is placed in the “Basic Housing Unit” pending
classification and medical clearance for general population. ODO was informed this process
usually takes 48 to72 hours during which detainees are secured in cells and do not commingle
with other detainees or county inmates. Detainees are transferred from the basic unit to general
population housing based on the assigned classification level.
Based on interviews with the MCJ Jail Administrator and booking staff, ODO determined there
is no site-specific orientation program (Deficiency AR-1). In addition, detainees are not
provided with the MCJ handbook during the admission process (Deficiency AR-2). A copy of
the MCJ handbook was seen posted behind laminated plastic in one detainee housing area;
however, the handbook was dated 2004 and not the current version. No copies were seen in the
other units.
ODO confirmed that MCJ staff adheres to procedures before any detainee’s release, removal, or
transfer from the facility. The necessary steps include completing and processing forms, closing
files, fingerprinting detainees, returning personal property, reclaiming facility-issued clothing
and bedding; however, there was no documentation the procedures were approved by ERO
(Deficiency AR-3).

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STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY AR-1
In accordance with the ICE NDS, Admission and Release, section (III)(J), the FOD must ensure,
“All facilities shall have a medium to provide INS detainees an orientation to the facility. In
IGSA’s the INS office of jurisdiction shall approve all orientation procedures.”
DEFICIENCY AR-2
In accordance with the ICE NDS, Admission and Release, section (III)(K), the FOD must ensure,
“Upon admission every detainee will receive a detainee handbook. It will fully describe all
policies, procedures, and rules in effect at the facility, in accordance with the “Detainee
Handbook standard.”
DEFICIENCY AR-3
In accordance with the ICE NDS, Admission and Release, section (III)(J) 3, the FOD must
ensure, “Staff must complete certain procedures before any detainee’s release, removal, or
transfer from the facility. Necessary steps include completing and processing forms, closing
files, fingerprinting; returning personal property; and reclaiming facility-issued clothing bedding,
etc. INS will approve the IGSA release procedures.”

3

The NDS includes two sections numbered (III)(J). This deficiency relates to the second, which in the standard
follows section (III)(K).

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DETAINEE GRIEVENCE PROCEDURES (DGP)
ODO reviewed the Detainee Grievance Procedure standard at MCJ to determine if a process to
submit formal or emergency grievances exists, and that 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, in accordance
with the ICE 2000 NDS. ODO toured the facility, interviewed staff, and reviewed the detainee
handbook, facility policy and procedures, detention files, and grievance logs.
MCJ’s written policy and procedures as well as the handbook, do not include any references to
ICE detainees, only inmates. The handbook informs inmates that they will receive a receipt from
the grievance officer within 8 hours of receiving their submitted grievance. Timelines for a
response to the grievance are not indicated. The facility does not use a grievance committee to
review formal detainee grievances, but instead uses a single grievance officer (Deficiency DGP1). The MCJ’s policies and procedures do not have a specified section for detainee grievances.
A special order from 2008, by the Jail Supervisor, serves as the jail’s written policy for inmate
grievances. The special order indicates that detainees are to receive any assistance as needed
when filling out a grievance form. There are no timeframes given for response to a grievance
(aside from the inmate receiving a receipt from the grievance officer within eight hours of the
inmate receiving the grievance), though it is stipulated that emergency grievances, if deemed by
the grievance officer to be such, shall be investigated immediately. Detainees are not informed
they can appeal directly to ICE (Deficiency DGP-2).
MCJ keeps a grievance log for detainees separate from inmates. In the past year only one
grievance was submitted by a detainee to the facility. A review of this grievance file revealed
that MCJ does not keep a copy of a detainee’s grievance in their detention file for a minimum of
3 years (Deficiency DGP-3). The detainee received a receipt five days after his submission of
the grievance. The detainee was provided with an appeal form and was told that he could appeal
to the Chief Jailer, and then subsequently, to the Sheriff if he wished.
A review of the MCJ handbook revealed it does not address emergency grievances or guarantees
against reprisal for detainees who file grievances, inform detainees of their right to file a
complaint directly to DHS OIG in writing or by phone, or provide the necessary contact
information to do so (Deficiency DGP-4). Detainees who wish to submit a formal grievance can
request a grievance form from the housing unit officer, after completing the grievance form it is
placed in a sealed envelope and then given to the housing unit officer, who then refers it to the
grievance officer who is a supervisory-level employee or higher. The facility indicated that
grievance forms were available in Spanish, but this was not observed.

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY DGP-1
In accordance with the ICE 2000 NDS, Detainee Grievance Procedures, section (III)(A)(2), the
FOD must ensure, “The OIC must allow the detainee to submit a formal, written grievance to the
facility’s grievance committee.”
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DEFICIENCY DGP-2
In accordance with the ICE 2000 NDS, Detainee Grievance Procedures, section (III)(C), “CDFs
and IGSA facilities must allow any INS detainee dissatisfied with the facility's response to
his/her grievance to communicate directly with INS.”
DEFICIENCY DGP-3
In accordance with the ICE 2000 NDS, Detainee Grievance Procedures, section (III)(E), “A copy
of the grievance will remain in the detainee’s detention file for at least three years. The facility
will maintain that record for a minimum of three years and subsequently, until the detainee
leaves INS (ICE) custody.”
DEFICIENCY DGP-4
In accordance with the ICE 2000 NDS, Detainee Grievance Procedures, section (III)(G), the
FOD must ensure, “The grievance section of the detainee handbook will provide notice of the
following:
5. The policy prohibiting staff from harassing, disciplining, punishing or otherwise
retaliating against any detainee for filing a grievance.
6. The opportunity to file a complaint about officer misconduct directly with the Justice
Department by calling 1-800-869-4499 or by writing to:
Department of Justice
P.O. Box 27606
Washington, DC 20038-7606”

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ENVIRONMENTAL HEALTH AND SAFETY (EH&S)
ODO reviewed the Environmental Health and Safety standard at MCJ to determine if the facility
maintains high standards of cleanliness and sanitation, safe work practices and control of
hazardous materials and substances, in accordance with the ICE 2000 NDS. ODO toured the
facility, interviewed staff, and reviewed procedures and documentation of inspections, hazardous
chemical management, and fire drills.
ODO found sanitation in the facility was acceptable in all areas except for food service (see Food
Service standard). The housing units were found exceptionally clean and organized. ODO was
informed representatives from security, medical and management assemble on Wednesday
mornings to conduct a weekly sanitation of the housing units.
ODO confirmed MCJ has a master index of hazardous chemicals which includes all Material
Safety Data Sheets (MSDS), emergency telephone numbers and documentation of required
reviews. MSDS were also available in locations where hazardous substances are used. A review
of documentation found maintenance staff maintain accurate inventories of all flammable, toxic,
or caustic substances used. During a tour of the kitchen, ODO observed flammable aerosol cans
of pan spray were not controlled, supervised or stored in a fire resistant cabinet (Deficiency
EH&S-1).
MCJ security staff successfully completed the Iowa Fire Officer I and Fire Officer II training
courses for fire safety officers. These staff members complete and document monthly fire and
safety inspections. The Marshall County Law Center completes a fire alarm and life safety
system inspection every six months. The last inspection was completed on March 6, 2015.

(b)(7)e

ODO observed area specific exit and evacuation diagrams posted in all housing units, control
centers, administration offices, the kitchen, and booking areas. All diagrams were posted in
English and Spanish and included “You Are Here” markers and locations of emergency
equipment.
Documentation of generator and water testing, medical waste disposal, and pest control services
supported full compliance with the standard.

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY EH&S-1
In accordance with ICE NDS, Environmental Health and Safety, section (III)(F), the FOD must
ensure, “
1. Any liquid or aerosol labeled “Flammable” or “Combustible” must be stored and used as
prescribed on the label, in accordance with the Federal Hazardous Substances Labeling
Act, to protect both life and property.
2. Every storage cabinet will:
a. Be constructed according to code and securely locked at all times;
c. Be conspicuously labeled: “Flammable keep Fire Away; and
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d. Contain either 60 gallons, maximum, of Class I and/or Class II liquids or 120
gallons, maximum, of Class III liquids.”

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FOOD SERVICE (FS)
ODO reviewed the Food Service standard at MCJ to determine if detainees are provided a
nutritious and balanced diet, in a sanitary manner, in accordance with ICE 2000 NDS. ODO
inspected the food service area, interviewed staff, observed meal preparation and service, and
reviewed policy and relevant documentation.
The food service operation is managed by contractor Consolidated Management Company. Staff
consists of a food service manager, (b)(7)e ull-time cook and (b)(7)epart-time cook. The staff is
supported by (b)(7)e county inmate workers. No detainees work in food service. Neither staff nor
inmate workers underwent physical examinations to clear them to work in a food service
operation (Deficiency FS-1). ODO was informed pre-employment medical examinations are not
required by Iowa law. During visits to the kitchen, ODO observed staff and inmate workers did
not consistently wear beard guards for facial hair or hairnets (Deficiency FS-2).
This facility has a five-week general cycle menu and a 14-day cycle menu for religious diets.
Documentation of a complete nutritional analysis and certification by a registered dietitian was
available for the general cycle menu but not for the religious menus (Deficiency FS-3). Medical
diets are provided when prescribed by the medical staff. At the time of the inspection, one
detainee was on a medical diet and no detainees were on religious diets.
MCJ has a satellite system of meal service involving preparation of meals in the kitchen and
delivery to housing units in carts. ODO observed the preparation of trays for the noon meal on
March 18, 2015, and accompanied the officer and inmate worker transporting the carts to the
housing units. As items were placed on trays, ODO observed staff checking the temperatures of
food items. The temperatures were within the range required by the standard.
The food service operation was last inspected by the Iowa Department of Inspections & Appeals
on March 6, 2014. Documentation was produced indicating daily sanitation inspections are
conducted by staff, and the food service manager conducts weekly inspections of the food service
area.
On the first day of ODO’s inspection, significant sanitation concerns were noted. Garbage cans
located through the kitchen area did not have lids (Deficiency FS-4). The dishwasher had
significant lime and mineral deposits on the interior and exterior. The ceiling vents throughout
the kitchen had a noticeable build up of grimy dust. Two mixers had dried food particles on the
splash guards (Deficiency FS-5). Significant grime and grease build-up was observed in the
neck and grease trap of the grill, and in the ventilation hoods (Deficiency FS-6). The sinks,
toilets and floors in the staff and inmate lavatories were dirty, with no indication of routine
cleaning (Deficiency FS-7). ODO recommends that the facility implement a structured cleaning
program and a system of inspections that includes management oversight of sanitary conditions
in the kitchen (R-1).
ODO confirmed temperature logs for the freezer, cooler, and dishwasher were complete and
current, and recorded temperatures met NDS requirements. Inspection of the dry storage area

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confirmed compliance with the standard. Aerosol cans containing flammable pan spray were
observed in the cooking and baking areas of the kitchen, unsupervised (Deficiency FS-8).
Food trays are removed from the dishwasher and stacked on top of each other without air drying.
ODO observed many trays with water in the compartments as food items were being placed on
the trays. In addition, soup bowls and cups are not air dried. After washing, they are stacked in
plastic tubs that do not have holes for draining; therefore, they sit in standing water and do not
dry properly (Deficiency FS-9).

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY FS-1
In accordance with ICE NDS, Food Service, section (III)(H)(3)(a), the FOD must ensure,
“All food service personnel (both staff and detainee) shall receive a pre-employment medical
examination. The purpose of this examination is to exclude those who have a communicable
disease in any transmissible stage or condition. Detainees who have been absent from work for
any length of time for reasons of communicable illness (including diarrhea) shall be referred to
Health Services for a determination as to fitness for duty prior to resuming work.”
DEFICIENCY FS-2
In accordance with ICE NDS, Food Service, section (III)(H)(2)(c), the FOD must ensure, “All
staff and detainees working in the food preparation and service area(s) shall use effective hair
restraints. Personnel with hair that cannot be adequately restrained shall be prohibited from food
service operations.”
DEFICIENCY FS-3
In accordance with ICE NDS, Food Service, section (III)(D)(2), the FOD must ensure,
“A registered dietitian shall conduct a complete nutritional analysis of every master cycle menu
planned by the FSA. Menus must be certified by the dietitian before implementation. If
necessary, the FSA shall modify the menu in light of the nutritional analysis, to ensure
nutritional adequacy.
DEFICIENCY FS-4
In accordance with ICE NDS, Food Service, section (III)(H)(5)(j), the FOD must ensure,
“Garbage and other trash shall be collected and removed as often as possible. The
garbage/refuse containers shall have sufficient capacity for the volume, and shall be kept
covered, cleaned frequently, and insect and rodent proof. The facility shall comply with all
applicable regulations (local, state, and federal) on refuse-handling and disposal.”
DEFICIENCY FS-5
In accordance with ICE NDS, Food Service, section (III)(H)(1), the FOD must ensure, “All food
service employees are responsible for maintaining a high level of sanitation in the food service
department.”

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DEFICIENCY FS-6
In accordance with ICE NDS, Food Service, section (III)(H)(12)(f), the FOD must ensure,
“Hood systems shall be cleaned after each use to prevent grease build-ups, which constitute fire
risks. All deep-fryers and grills shall be equipped with automatic fuel or energy shut-off
controls.”
DEFICIENCY FS-7
In accordance with ICE NDS, Food Service, section (III)(H)(9)(a), the FOD must ensure, “Toilet
facilities, including rooms and fixtures, shall be kept clean and in good repair.”
DEFICIENCY FS-8
In accordance with ICE NDS, Food Service, section (III)(H)(11)(C)(1), the FOD must ensure,
“All toxic, flammable, and caustic materials shall be segregated from food products and stored in
a locked and labeled cabinet or room.”
DEFICIENCY FS-9
In accordance with ICE NDS, Food Service, section (III)(H)(7)(g)(5)(d)(2), the FOD must
ensure, “Air-dry all equipment and utensils after sanitizing, by means of drain- boards, mobile
dish-tables and/or carts.”

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FUNDS AND PERSONAL PROPERTY (F&PP)
ODO reviewed the Funds and Personal Property standard at the MCJ to determine if controls are
in place to inventory, receipt, and store and safeguard detainees’ personal property, in
accordance with the ICE 2000 NDS. ODO toured the facility, inspected property storage areas,
reviewed policies and documentation, and interviewed staff.
A detainee’s personal property is inventoried during the intake process. Clothing is laundered
and placed in a hanging garment bag, and valuables are inventoried separately and placed in an
envelope inserted in the property bag. Completed inventories are signed by the detainee and
staff, with copies issued to the detainee and placed in the detention file. Property bags are placed
in a secure room, which was clean and orderly.
Detainees are not allowed to keep any cash in their possession while at MCJ. Upon admission, all
monies are collected, inventoried, and entered into a commissary account established for the
detainee. The monies are placed in a sealed envelope bearing the detainee’s name and signed by
two staff members attesting to the contents. The envelope is placed in a locked box which is
emptied by fiscal management staff three times per week. Access to the box is limited to one jail
booking supervisor and the fiscal staff. Any foreign currency is collected, inventoried by
denomination, and stored with the detainee’s property.
Based on the interview of staff and the review of 20 detainee files, ODO determined a
forwarding address is not obtained from detainees who have personal property (Deficiency
F&PP-1). MCJ does not have a written policy or procedure addressing detainee property that is
reported lost or damaged (Deficiency F&PP-2).
ODO’s review of the MCJ handbook found it does not include information on procedures for
requesting identity documents or filing a claim of lost or damaged property (Deficiency F&PP3).

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY F&PP-1
In accordance with the ICE NDS, Funds and Personal Property, section (III)(C), the FOD must
ensure, “Standard operating procedure will include obtaining a forwarding address from every
detainee who has personal property that could be lost or forgotten in the in the facility after the
detainee’s release, transfer, or removal.”
DEFICIENCY F&PP-2
In accordance with the ICE NDS, Funds and Personal Property, section (III)(H), the FOD must
ensure, “All IGSA facilities will have and follow a policy for the loss of or damage to properly
receipted detainee property, as follows:
1. All procedures for investigating and reporting property loss or damage will be
implemented as specific in this standard;
2. Supervisory staff will conduct the investigation;
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3. The senior facility contract officer will process all detainee claims for lost or damaged
property promptly;
4. The official deciding the claim will be at least one level higher in the chain of command
than the official investigating the claim;
5. They will promptly reimburse detainees for all validated property losses caused by
facility negligence;
6. They will not arbitrarily impose a ceiling on the amount to be reimbursed for a validated
claim; and
7. The senior contract officer will immediately notify the ICE officer of all claims and
outcomes.”
DEFICIENCY F&PP-3
In accordance with the ICE NDS, Funds and Personal Property, section (III)(J)(2)(5), the FOD
must ensure, “The detainee handbook or equivalent shall notify the detainees of facility policies
and procedures concerning personal property, including:
2. That, upon request, they will be provided an INS-certified copy of any identity document
(passport, birth certificate, etc.) placed in their A-files;
5. The procedures for filing a claim for lost or damaged property.”

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STAFF-DETAINEE COMMUNICATION (SDC)
ODO reviewed the Staff-Detainee Communication standard at MCJ to determine if procedures
are in place to allow formal and informal contact between detainees and key ERO and facility
staff, and if detainees are able to submit written requests to ERO staff and receive responses in a
timely manner. ODO reviewed policies and procedures, request forms, logs and interviewed
staff and detainees.
Every Wednesday, ERO staff conduct weekly scheduled visits at MCJ. ODO observed a posting
of scheduled ERO visits in all housing units. During visits ERO officials check on the overall
condition of MCJ, interact with detainees, and respond to detainee requests. ODO was unable to
review a sign-in log because there were no specific procedures for documenting visits
(Deficiency SDC-1). ODO reviewed Facility Liaison Visit Checklists and Telephone
Serviceability worksheets from December 2014 to March 2015 to verify weekly checks are
completed and records are maintained.
ICE request forms are available upon request from the Housing Unit Officer. Detainee requests
are collected by the Immigration Enforcement Agents (IEA) or Deportation Officers (DO) during
weekly visits.
ODO determined detainee requests were not forwarded to ERO offices within 72 hours and
answered within 72 hours of receipt of the request (Deficiency SDC-2). ODO reviewed the
logbook specifically designed for ICE requests and determined the last entry was from
September 2014 and requests are not currently being logged (Deficiency SDC-3). There were
two requests submitted in the last year at MCJ. After reviewing detention files, ODO found that
copies of detainee request forms are not maintained in the detainees’ detention files for at least
three years (Deficiency SDC-4).
The facility handbook has written procedures specifying how detainees can submit requests and
the availability to request assistance, if needed. The handbook does not include information
regarding the Department of Homeland Security Office of Inspector General (OIG) Hotline and
the OIG Hotline posters are not posted in the housing units (Deficiency SDC-5).

STANDARDS/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY SDC-1
In accordance with the ICE NDS, Staff-Detainee Communication, section (III)(A)(2)(b), “The
ICE Field Office Director shall have specific procedures for documenting the visit.”
DEFICIENCY SDC-2
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.”

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DEFICIENCY SDC-3
In accordance with the ICE NDS, Staff-Detainee Communication, section (III)(B)(2), the FOD
must ensure, “All requests shall be recorded in a logbook specifically designed for that purpose.”
DEFICIENCY SDC-4
In accordance with the ICE NDS, Staff-Detainee Communication, section (III)(B)(2), the FOD
must ensure, “All completed Detainee Requests will be filed in the detainee’s detention file and
will remain in the detainee’s detention file for at least three years.”
DEFICIENCY SDC-5
In accordance with the Change Notice, National Detention Standards, Staff-Detainee
Communication, June 15, 2007, the FOD must ensure, “the OIG Hotline is conspicuously posted
in all units housing ICE detainees. This applies to all Service Processing Centers, Contract
Detention Centers and Inter-Governmental Service Agreement facilities. The OIG Hotline
information is to be included in the detainee handbook in each of the aforementioned locations.”

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