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
Miami Field Office
Monroe County Detention Center
Key West, Florida

August 12–14, 2014

COMPLIANCE INSPECTION
MONROE COUNTY DETENTION CENTER
MIAMI FIELD OFFICE
TABLE OF CONTENTS
INSPECTION PROCESS
Report Organization .............................................................................................................1
Inspection Team Members ...................................................................................................2
EXECUTIVE SUMMARY ...........................................................................................................3
OPERATIONAL ENVIRONMENT
Detainee Relations ...............................................................................................................8
ICE 2008 PERFORMANCE-BASED NATIONAL DETENTION STANDARDS
Detention Standards Reviewed ............................................................................................9
Disciplinary System ...........................................................................................................10
Funds and Personal Property .............................................................................................12
Grievance System ..............................................................................................................14
Law Libraries and Legal Materials ....................................................................................16
Sexual Abuse and Assault Prevention and Intervention ....................................................18
Staff Detainee Communication ..........................................................................................21

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

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

2

ODO
ODO
ODO
Creative Corrections
Creative Corrections
Creative Corrections
Creative Corrections

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EXECUTIVE SUMMARY
ODO conducted a compliance inspection of the Monroe County Detention Center (MCDC) in
Key West, Florida, from August 12 to 14, 2014. MCDC, which opened in 1994, is owned by
Monroe County and operated by the Monroe County Sheriff’s Office. ERO began housing
detainees at MCDC in February 1994 under an Intergovernmental Service Agreement contract.
Male detainees of security classification level III are detained at the facility for periods in excess
of 72 hours. The inspection evaluated MCDC’s compliance with the 2008 PBNDS and the 2011
PBNDS Sexual Abuse and Assault
Capacity and Population Statistics
Quantity
Prevention and Intervention (SAAPI)
Total Bed Capacity
601
standard. 1
ICE Detainee Bed Capacity

95

The ERO Field Office
Average Daily Population
438
Director (FOD), in Plantation,
Average ICE Detainee Population
55
Florida, is responsible for ensuring
Average Length of Stay (Days)
33.8
facility compliance with the 2008
Male Detainee Population Count (August 12, 2014)
47
PBNDS and ICE policies. An
Female Detainee Population Count
N/A
Assistant Field Office Director
(AFOD), a Supervisory Immigration
Enforcement Agent (SIEA), and an Immigration Enforcement Agent (IEA) oversee daily ICE
operations at MCDC. There is no ERO Detention Service Manager assigned to the MCDC.
A Captain is responsible for oversight of daily facility operations and is supported by (b)(7)e
deputies and(b)(7)esupport personnel. Aramark provides food services and Armor Correctional
Health Services provides medical services. The facility is accredited by the American
Correctional Association, the National Commission on Correctional Health Care, and the Florida
Corrections Accreditation Commission.
In June 2012, ODO conducted an inspection of MCDC under the 2000 NDS. ODO reviewed
16 standards and found MCDC compliant with eight standards. ODO found a total of
13 deficiencies in the remaining eight standards.
During this inspection ODO reviewed 16 PBNDS and found MCDC compliant with ten
standards. ODO found a total of 14 deficiencies, six of which relate to priority components, 2 in
the remaining six standards: Disciplinary System (1 deficiency), Funds and Personal
Property (2), Grievance System (3), Law Libraries and Legal Material (2), Sexual Abuse and
Assault Prevention and Intervention (4), and Staff-Detainee Communication (2). ODO made one
recommendation 3 regarding facility policy and procedures and cited no best practices.
This report details all deficiencies and refers to the specific, relevant sections of the 2008
PBNDS. 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 MCDC and ERO
management during the inspection and at a closeout briefing conducted on August 14, 2014.
1

The facility signed a contract modification to incorporate the 2011 SAAPI standard on July 3, 2013.
Deficient priority components were found in the following four standards: Disciplinary System (1), Grievance
System (1), Sexual Abuse and Assault Prevention and Intervention (3), and Staff Detainee Communication (1).
3
Recommendations will be annotated in the report as “R.”
2

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Intake deputies coordinate the admission and release of detainees in and out of the facility. ODO
observed the deputies identify each newly arriving detainee and remove restraints. Property and
funds are inventoried, detainees are screened by medical staff, and a Prison Rape Elimination
Act (PREA) questionnaire is completed. Detainees are given the opportunity to shower and are
provided with clothing and hygiene items. MCDC’s orientation video is available in English and
Spanish. Detainees are advised the facility handbook is accessed by way of the unit kiosk. ODO
reviewed 20 files of detainees and verified all required intake documentation was present. A
review of 20 files of detainees released from the facility confirmed compliance.
Detainees admitted to MCDC are processed and classified by ERO at the Krome Service
Processing Center using ICE custody classification worksheets. According to ERO staff, only
detainees classified as medium-high and high are transferred to MCDC. Procedures are in place
for reclassifying detainees housed at MCDC for more than 60 days, following disciplinary
action, or upon receipt of new information affecting the detainee’s classification level.
According to policy and staff, ERO is notified of detainee disciplinary actions for ICE
reclassification purposes. Staff is trained in the classification system by MCDC’s lead
classification manager.
Sanitation levels during the inspection were very good. MCDC has a contract with Terminix
International for pest control services. The facility has a system for storing, issuing, and
maintaining inventories for hazardous materials. MCDC’s fire and evacuation plan was
approved by the City of Key West fire marshal on July 31, 2014. The fire marshal completed an
annual inspection on February 18, 2014, and found compliance with all life safety codes.
Documentation reflects environmental health and safety inspections are conducted weekly, and
the safety officer conducts a monthly inspection. MCDC contracts with Med Waste Removal
Services, Inc., for the collection and removal of biomedical waste.
ODO reviewed the facility handbook and found it does not include law library hours of
operation, the procedure for requesting reference materials not located in the library, the
procedure for notifying an employee of missing or damaged materials, or the instructions for
Lexis/Nexis. The facility initiated corrective action during the course of the inspection. There is
no notice in the law library that provides the required policies and procedures. The facility
initiated corrective action during the course of the inspection.
ODO observed detainee property was inventoried during intake and the detainees signed the
inventory form. Detainees are not issued receipts for funds placed in envelopes upon arrival, or
thereafter, as a result they are not able to support a claim of discrepancy. Foreign currency is
inventoried and placed in the detainee’s property bag. ODO’s review of the facility handbook
found it does not provide detainees with required notice concerning identity documents placed in
the their A-files, the rules for storing or mailing property not allowed in their possession, the
procedure for claiming property upon release, transfer, or removal, or the procedures for filing a
claim for lost or damaged property.
MCDC allows detainees to file both informal and formal grievances, as well as emergency and
medical grievances. However, when oral grievances are resolved, facility staff does not
document the result in the detainee’s detention file. MCDC’s handbook does not contain the
required information about the opportunity to file a direct complaint about officer misconduct.
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(b)(7)e

unit. It is noted the health department provides sexually transmitted disease and HIV testing, to
include pre- and post-test counseling.
MCDC’s Special Management Unit (SMU) has two tiers with 32 double-occupancy cells and six
single-occupancy cells. ODO observed padlocks are used to secure the showers and the
telephone enclosure while in use. There was one detainee housed in the SMU during the
inspection. The detainee was sanctioned with 30 days disciplinary segregation on July 19, 2014,
for disrespecting staff, then received a subsequent incident report while confined. ODO
determined 41 detainees were placed in the SMU during the 12 months preceding the inspection.
Of the 41 detainees, eight were assigned to administrative segregation and 33 to disciplinary
segregation. ODO reviewed documentation for the detainee housed in SMU at the time of the
inspection, and documentation for 20 randomly selected prior SMU assignments. Segregation
orders were completed and provided to the detainees in all cases, and required status reviews
were conducted as required by the PBNDS.
Detainees have opportunities to interact informally with both ERO and MCDC staff. ERO staff
visits the housing units every Thursday to address detainee questions and concerns. Detainee
requests are generally responded to within 72 hours; however, ODO’s review of 530 requests
found 30 were not responded to within the required time and copies are not placed in detention
files. ODO observed a secure dropbox for detainees is not available in the housing unit or in the
SMU. This represents a deficient priority component.
ODO’s review of the suicide prevention training plan confirmed all elements required by the
standard are addressed. Inspection of all medical and(b)(7)ecorrectional staff confirmed
documentation of current training in suicide prevention and intervention. There were no
detainees on suicide watch at the time of the inspection. According to staff and based on review
of documentation, ODO determined one detainee was placed on suicide watch in the 12 months
preceding the inspection. A review of the detainee’s medical record confirmed 15-minute
monitoring checks and daily evaluations by medical or mental health staff were conducted. Per
MCDC policy, only the psychiatrist and physician are authorized to discharge a detainee from
suicide watch.
The facility signed a contract modification to incorporate the 2011 SAAPI standard on July 3,
2013. ODO reviewed the facility’s written policies and procedures and found it does not include
the requirement that any allegation of sexual assault be reported immediately to ERO, or the
requirement for coordination with OPR. This represents a deficient priority component. The
facility initiated corrective action during the course of the inspection. There have been no cases
of sexual assault involving detainees in the 12 months preceding the inspection according to the
Joint Intake Center, ERO staff and facility staff. Procedures are in place in the event that a
sexual assault does occur. MCDC screens detainees during intake for a history of sexual abuse
victimization and for predatory history to identify potential sexual aggressors. ODO reviewed
the staff training lesson plan and found it does not include several of the required components
such as behavioral and emotional signs of sexual abuse and/or assault and ways to prevent such
occurrences or the requirement to limit reporting of sexual abuse and assault to personnel with a
need-to-know. This represents a deficient priority component. The facility initiated corrective
action during the course of the inspection and added these requirements to the lesson plan. ODO
reviewed the facility handbook and orientation materials and found they do not include several of
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(b)(7)e
(b)(7)e
(b)(7)e

OPERATIONAL ENVIRONMENT
DETAINEE RELATIONS
ODO interviewed 20 randomly-selected male detainees to assess the conditions of confinement
at MCDC. Interview participation was voluntary and none of the detainees expressed allegations
of abuse, discrimination or mistreatment. The majority of detainees reported being satisfied with
facility services; however, there were complaints about medical care, communication with ERO
staff, and food service.
Staff-Detainee Communication: All of the detainees stated they know how to communicate or
submit request forms to ICE officials. Some of the detainees stated that ERO staff is not seen
every week in the housing unit and often comes every other week. Facility staff and a review of
sign-in logs at the front entrance verified that ERO visits the facility weekly. There was also a
general consensus among the detainees that if they file a request it will not be read or
acknowledged by ERO. ODO noted that secure drop boxes intended for communication
between detainees and ERO personnel are not located in the detainee housing units or the SMU.
ODO cited this as a deficiency under the Staff-Detainee Communication standard.
Food Service: The majority of the detainees complained that the food quality at MCDC is poor,
has small portions, and arrives at the housing unit cold. ODO looked into the issue and found
that none of these complaints are justified by what was observed.
Medical Care: Twelve detainees raised concern with ODO about health care at the MCDC.
ODO looked into each issue and found that none of these complaints was supported by
documentation and in all cases detainees were receiving adequate medical treatment.

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ICE 2008 PERFORMANCE-BASED
NATIONAL DETENTION STANDARDS
ODO reviewed a total of 16 PBNDS and found MCDC fully compliant with the following
ten standards:
1. Admission and Release
2. Classification System
3. Environmental Health and Safety
4. Detainee Handbook 4
5. Food Service
6. Medical Care
7. Special Management Units
8. Suicide Prevention and Intervention
9. Telephone Access
10. 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 14 deficiencies in the following six standards.
1.
2.
3.
4.
5.
6.

Disciplinary System
Funds and Personal Property
Grievance System
Law Libraries and Legal Material
Sexual Abuse and Assault Prevention and Intervention (2011 PBNDS)
Staff-Detainee Communication

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

4

The Detainee Handbook standard was found compliant; however, deficiencies related to the detainee handbook are
provided under Deficiencies GS-1, F&PP-1, and LL&LM-2.

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DISCIPLINARY SYSTEM (DS)
ODO reviewed the Disciplinary System standard at MCDC to determine if sanctions imposed on
detainees who violate facility rules are appropriate, and if the discipline process includes due
process requirements, in accordance with the ICE 2008 PBNDS. ODO interviewed staff and
reviewed policy, disciplinary records, and the MCDC facility handbook.
ODO confirmed MCDC’s disciplinary system is described in facility policy. Prohibited acts are
classified as levels one through ten with level one being the most serious. The facility handbook
describes the disciplinary process and lists the sanctions for each level of infraction. The
handbook also addresses detainee rights, including the right to appeal disciplinary sanctions.
The MCDC policy encourages informal resolution of minor infractions. The discipline process
starts with preparation of a report by the staff member observing the incident. The incident
report is forwarded to the shift sergeant for review, investigation and determination of whether
informal resolution is appropriate. ODO’s interviews with staff and review of documentation
found if the sergeant does not informally resolve the incident, the detainee is scheduled for a
hearing before the institution disciplinary panel (IDP). MCDC does not have a unit disciplinary
committee or other intermediate level of adjudication for infractions of low and moderate
severity (Deficiency DS-1). 5
According to the disciplinary hearing log provided to ODO, 34 incident reports were adjudicated
by the IDP in the 12 months preceding the inspection. ODO reviewed 15 randomly selected
disciplinary reports and confirmed each was investigated within 24 hours, and the IDP hearing
was conducted within 24 hours after the completion of the investigation. The sanctions ranged
from two to 30 days per infraction, with credit given for time spent in disciplinary segregation
prior to adjudication. No logs documenting infractions informally resolved were available for
review.

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY DS-1
In accordance with the ICE 2008 PBNDS, Disciplinary System, section (V)(F), the FOD must
ensure, “All facilities shall establish an intermediate level of investigation/adjudication process
to adjudicate low or moderate infractions.
The UDC administering unit discipline shall be comprised of one to three members, at least one
of whom is a supervisor.
The UDC shall not include the reporting officer, the investigating officer, or an officer who
witnessed or was directly involved in the incident. Only in the unlikely event that practically
every available officer witnessed or was directly involved in the incident may an exception
occur.

5

Priority Component.

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The UDC shall conduct hearings and, to the best extent possible, informally resolve cases
involving High Moderate or Low Moderate charges in accordance with the list of charges and
related sanctions noted as Attachment A of this Standard. Unresolved cases and cases involving
serious charges are forwarded to the Institution Disciplinary Panel.”

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FUNDS AND PERSONAL PROPERTY (F&PP)
ODO reviewed the Funds and Personal Property standard at MCDC to determine if controls are
in place to inventory, receipt, store and safeguard detainees’ personal property, in accordance
with the ICE 2008 PBNDS. ODO interviewed staff, reviewed policies and procedures, and
observed the processing of detainees.
ODO observed detainee property was inventoried during intake and the detainees signed the
inventory form. Copies of the inventory forms were placed in the property bags, issued to the
detainees, and included in the detention files. Property was placed in property bags clearly
marked with each detainee’s name and A-number, and stored in the secure property room in
numerical order. ODO’s inspection found the property room was well-organized and clean.
Detainees are not authorized to keep money in their possession. During review of the intake
process, ODO observed cash was counted by (b)(7)estaff members in each detainee’s presence.
The cash was sealed in an envelope labeled with the detainee’s name and A-number, and the
total was recorded on an envelope. The officers and the detainee signed the envelope
acknowledging the recorded amount was correct, and then the envelope was placed in a secure
cash drawer. At the end of the shift, an officer retrieved all envelopes from the cash drawer and
established detainee accounts using the kiosk system, entering the amount recorded on the
envelopes. The envelopes were then placed in a secure drop safe in the property room for
retrieval by accounting staff at the end of each week. It is noted detainees are not issued receipts
for funds placed in envelopes upon arrival, or thereafter (Deficiency F&PP-1). Detainees may
access the amount initially deposited in the account by way of the kiosk, but because a receipt
was not issued at the time funds are counted, they are not able to support a claim of discrepancy.
Foreign currency is not deposited in detainee accounts; rather, it is inventoried and placed in the
detainee’s property bag.
ODO confirmed MCDC has policies addressing inventories of detainees’ personal property.
Inspection of documentation confirmed quarterly audits are conducted.
ODO’s review of the facility handbook found it does not provide detainees with required notice
concerning identity documents placed in the their A-files, the rules for storing or mailing
property not allowed in their possession, the procedure for claiming property upon release,
transfer, or removal, and the procedures for filing a claim for lost or damaged property
(Deficiency F&PP-2).

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY F&PP-1
In accordance with the ICE 2008 PBNDS, Funds and Personal Property, section (V)(A), the
FOD shall ensure, “All detention facilities are required to have written policies and procedures
to:
•
•

Account for and safeguard detainee property from time of admission until date of release;
Inventory and receipt detainee funds and valuables.”

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DEFICIENCY F&PP-2
In accordance with the ICE 2008 PBNDS, Funds and Personal Property, section (V)(C) the FOD
shall ensure, “The detainee handbook or equivalent shall notify the detainees of facility policies
and procedures concerning personal property, including:
•
•
•
•

That upon request, they shall be provided an ICE/[ERO]-certified copy of any identity
document (passport, birth certificate, etc.) placed in their A-files;
The rules for storing or mailing property not allowed in their possession;
The procedure for claiming property upon release, transfer, or removal;
The procedures for filing a claim for lost or damaged property.”

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GRIEVANCE SYSTEM (GS)
ODO reviewed the Grievance System standard at MCDC 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, in accordance with the
ICE 2008 PBNDS. ODO reviewed detention files, logbooks, policies, and the facility handbook,
and interviewed staff.
The facility’s handbook provides notice to detainees of the opportunity to file a formal and
informal grievance, the procedures for filing a grievance and appeal, and the policy prohibiting
staff from retaliating against any detainee for filing a grievance. MCDC’s handbook does not
contain the required information about the opportunity to file a direct complaint about officer
misconduct to the Department of Homeland Security Inspector General (Deficiency GS-1). The
facility initiated corrective action during the course of this inspection.
MCDC allows detainees to file both informal and formal grievances, as well as emergency and
medical grievances. Facility personnel stated that when oral grievances are resolved, the
employee does not document the result for the record in the detainee’s detention file (Deficiency
GS-2).
Grievance forms are available in each dorm, and may be requested by contacting the unit/dorm
deputy. Detainees may obtain assistance in completing a grievance from facility staff or another
detainee. The facility will forward all grievances, including those alleging staff misconduct, to
ERO. MCDC has established an appeals process for formal grievances.
MCDC maintains a detainee grievance log which includes the date of the grievance, nature of the
grievance, and the date the grievance was resolved. All detainee grievances with dispositions are
returned to the detainee and a copy is electronically sent to ERO. However, a copy of the
grievance disposition is not placed in the facility’s detainee detention file (Deficiency GS-3). 6
ODO’s review of MCDC’s detainee grievance log confirmed it was current and included the
grievance number, nature of the grievance, and the date it was received and responded to. There
were 16 grievances filed in the 12 months preceding the inspection, none of which involved staff
misconduct. ODO found five were medical grievances, five were deportation requests, three
involved food service, and there was one each for property, the law library, and mail. All were
resolved in a timely manner. ODO found the grievances involved miscellaneous issues and no
pattern or trend was otherwise observed.

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY GS-1
In accordance with ICE 2008 PBNDS, Grievance System, section (V)(B), the FOD must ensure,
“The facility shall provide each detainee, upon admittance, a copy of the Detainee Handbook /
local supplement, in which the grievance section provides notice of:
6

Priority Component

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•

The opportunity to file a complaint about staff misconduct, physical or sexual abuse, or
civil rights violations at any point directly to the Department of Homeland Security
Inspector General by calling (800) 323-8603 or by writing to:
Department of Homeland Security
Washington, DC 20528
Attn: Office of the Inspector General”

DEFICIENCY GS-2
In accordance with ICE 2008 PBNDS, Grievance System, section (V)(C)(1), the FOD must
ensure, “If an oral grievance is resolved, the employee need not provide the detainee written
confirmation of the outcome but shall document the result for the record in the detainee’s
Detention File and in any logs or data systems the facility has established to track such actions.”
DEFICIENCY GS-3
In accordance with ICE 2008 PBNDS, Grievance System, section (V)(E), the FOD must ensure,
“A copy of the grievance disposition shall be placed in the detainee’s detention file and provided
to the detainee.”

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LAW LIBRARIES AND LEGAL MATERIAL (LL&LM)
ODO reviewed the Law Libraries and Legal Material standard at MCDC 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 2008
PBNDS. ODO observed the law library, interviewed staff and detainees and reviewed policies
as well as the facility handbook.
MCDC has a designated law library in a separate room inside of the detainee housing unit. The
room is equipped with two computers, one printer, and one copy machine. At the time of the
inspection one of the computers and the copy machine were broken. ERO submitted a work
order during the inspection to have the computer fixed and the facility contacted the contractor to
fix the copy machine. ODO noted that the one computer that worked did not have a functioning
Lexis/Nexis program. ODO informed ERO of this issue and ERO downloaded the program
again and corrected the issue.
The administrative lieutenant is responsible for conducting weekly checks of the law library and
will inform ERO of any issue or shortage in supplies. ERO is responsible for the maintenance
and replenishment of equipment and supplies. MCDC does not allow stamps in the facility and
ERO is responsible for providing stamps, envelopes and access to a notary. After interviewing
detainees, reviewing requests and grievances and reviewing the facility handbook, ODO noted
that this information is not clearly presented to detainees. Several of the detainees did not know
who to request stamps from or how to access a notary for legal mail. ODO recommends that this
information be put in the facility handbook to inform all detainees of the specific facility
procedures regarding legal mail and access to supplies (R-1). The facility initiated corrective
action during the course of the inspection and added this information to the facility handbook.
Detainees in the general population housing unit have access to the law library when they are not
on lockdown. Detainees in SMU have access to the law library by submitting a request and can
use the room from 12:00 p.m.-1:00 p.m., 4:00 p.m.-5:30 p.m. and 11:00 pm-1:00 a.m., when the
general population detainees are on lockdown.
ODO reviewed the facility handbook and found it does not include law library hours of
operation, the procedure for requesting reference materials not located in the library, the
procedure for notifying an employee of missing or damaged materials, or the instructions for
Lexis/Nexis (Deficiency LL&LM-1). The facility initiated corrective action during the course
of the inspection. There is no notice in the law library that provides the required policies and
procedures (Deficiency LL&LM-2). The facility initiated corrective action during the course of
the inspection.

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY LL&LM-1
In accordance with the ICE 2008 PBNDS, Law Libraries and Legal Material, section
(V)(O)(2)(5)(6)(8), the FOD must ensure, “The Detainee Handbook or supplement shall provide
detainees with the rules and procedures governing access to legal materials, including the
following information:
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2. The scheduled hours of access to the law library;
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.
8. If applicable, that Lexis/Nexis is being used at the facility and that instructions for its use
are available.”
DEFICIENCY LL&LM-2
In accordance with the ICE 2008 PBNDS, Law Libraries and Legal Material, section (V)(O), the
FOD must ensure, “The Detainee Handbook or supplement shall provide detainees with the rules
and procedures governing access to legal materials, including the following information:
1.
2.
3.
4.
5.
6.
7.
8.

That a law library is available for detainee use;
The scheduled hours of access to the law library;
The procedure for requesting access to the law library;
The procedure for requesting additional time in the law library (beyond the 5- hours-perweek minimum);
The procedure for requesting legal reference materials not maintained in the law library;
and
The procedure for notifying a designated employee that library material is missing or
damaged.
Required access to computers, printers, and other supplies.
If applicable, that Lexis/Nexis is being used at the facility and that instructions for its use
are available.

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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SEXUAL ABUSE AND ASSAULT PREVENTION AND INTERVENTION
(SAAPI)
ODO reviewed the Sexual Abuse and Assault Prevention and Intervention (SAAPI) standard at
MCDC to determine if the facility acts to prevent sexual abuse and assaults on detainees,
provides prompt and effective intervention and treatment for victims of sexual abuse and assault,
and controls, disciplines, and prosecutes the perpetrators, in accordance with the ICE 2011
PBNDS. ODO reviewed policies and procedures, the facility handbook, the SAAPI training
curriculum and staff training records, and interviewed staff and detainees.
The facility signed a contract modification to incorporate the 2011 SAAPI standard on July 3,
2013. The administrative lieutenant is the designated PREA Coordinator for the facility. ODO
reviewed the facility’s written policy and found it does not include the requirement that any
allegation of sexual assault be reported immediately to ERO, and the requirement for
coordination with the ICE Office of Professional Responsibility for investigation or referral of
incidents of sexual assault to another investigative agency (Deficiency SAAPI-1). 7 The facility
initiated corrective action during the course of the inspection and added these requirements to its
written policies and procedures.
ODO reviewed the staff training lesson plan and found it does not include agency prohibitions on
retaliation against detainees and staff who report sexual abuse; instruction that sexual abuse
and/or assault is never an acceptable consequence of detention; recognition of situations where
sexual abuse or assault may occur; recognition of the physical, behavioral and emotional signs of
sexual abuse or assault and ways to prevent such occurrences; the requirement to limit reporting
of sexual abuse and assault to personnel with a need-to-know in order to make decisions
concerning the detainee-victim’s welfare, and for law enforcement or investigative purposes;
prevention, recognition and appropriate response to allegations or suspicions of sexual assault
involving detainees with mental or physical disabilities; instruction on reporting knowledge or
suspicion of sexual abuse or assault and making intervention referrals to the facility’s program;
and instruction on documentation and referral procedures of all allegations or suspicion of sexual
abuse or assault (Deficiency SAAPI-2). 8 The facility initiated corrective action during the
course of the inspection and added these requirements to the lesson plan.
ODO reviewed the facility handbook and orientation and found it does not include prevention
and intervention strategies; definitions and examples of detainee-on-detainee sexual abuse, staffon-detainee sexual abuse, or coercive sexual activity; explanation of methods for reporting
sexual abuse or assault, including the OIG and ICE investigation processes; information about
self-protection and indicators of sexual abuse; prohibition against retaliation, including an
explanation that reporting an assault shall not negatively impact the detainee’s immigration
proceedings; and the right of a detainee who has been subjected to sexual abuse or assault to
receive treatment and counseling (Deficiency SAAPI-3). 9 The facility initiated corrective action
during the course of the inspection and added this information to the handbook and placed the
updated handbook on the kiosk.
7

Priority Component.
Priority Component.
9
Priority Component.
8

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There have been no reported detainee allegations of sexual assault or abuse within the past year
according to the Joint Intake Center, ERO staff and facility staff. MCDC screens detainees
during intake for a history of victimization and to identify potential sexual aggressors. ODO
observed the ICE sexual assault poster hung in the detainee housing unit but noted there is an
older version of the poster located in the SMU. The Sexual Assault Awareness Information
pamphlets are also not posted anywhere or provided to detainees (Deficiency SAAPI-4). The
facility initiated corrective action during the course of the inspection. MCDC has a contract with
the Lower Keys Center and the Rape Crisis Center to provide medical and counseling support to
any victims of sexual assault. The centers can also provide forensic exams.

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY SAAPI-1
In accordance with the ICE 2011 PBNDS, Sexual Abuse and Assault Prevention and
Intervention, section (V)(A), the FOD must ensure, “Each facility administrator shall have
written policy and procedures for a Sexual Abuse or Assault Prevention and Intervention
Program that includes, at a minimum:
3. the requirement that any allegation to staff of sexual assault or attempted sexual assault
be reported immediately to a supervisor and to ERO;
6. the requirements for coordination with the ICE Office of Professional Responsibility
(OPR) for investigation or referral of incidents of sexual assault to another investigative
agency, and discipline and prosecution of assailants (see “Appendix 2.11.C: Sexual
Assault Awareness” in this standard).”
DEFICIENCY SAAPI-2
In accordance with the ICE 2011 PBNDS, Sexual Abuse and Assault Prevention and
Intervention, section (V)(E), the FOD must ensure, “Training shall include:
2. agency prohibitions on retaliation against detainees and staff who report sexual abuse;
3. instruction that sexual abuse and/or assault is never an acceptable consequence of
detention;
4. recognition of situations where sexual abuse and/or assault may occur;
5. recognition of the physical, behavioral and emotional signs of sexual abuse and/or assault
and ways to prevent such occurrences;
6. the requirement to limit reporting of sexual abuse and assault to personnel with a need-toknow in order to make decisions concerning the detainee-victim’s welfare, and for law
enforcement/investigative purposes;
8. prevention, recognition and appropriate response to allegations or suspicions of sexual
assault involving detainees with mental or physical disabilities;
9. instruction on reporting knowledge or suspicion of sexual abuse and/or assault and
making intervention referrals to the facility’s program; and
10. instruction on documentation and referral procedures of all allegations or suspicion of
sexual abuse and/or assault.”

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DEFICIENCY SAAPI-3
In accordance with the ICE 2011 PBNDS, Sexual Abuse and Assault Prevention and
Intervention, section (V)(F), the FOD must ensure, “Following the intake process, the facility
shall provide instruction to detainees on the facility’s Sexual Abuse and Assault Prevention and
Intervention Program and ensure that such instruction includes (at a minimum):
2. prevention and intervention strategies;
3. definitions and examples of detainee-on detainee sexual abuse, staff-on-detainee sexual
abuse and coercive sexual activity;
4. explanation of methods for reporting sexual abuse or assault, including the DHS/OIG and
the ICE/OPR investigation processes;
5. information about self-protection and indicators of sexual abuse;
6. prohibition against retaliation, including an explanation that reporting an assault shall not
negatively impact the detainees immigration proceedings; and
7. right of a detainee who has been subjected to sexual abuse or assault to receive treatment
and counseling.”
DEFICIENCY SAAPI-4
In accordance with the ICE 2011 PBNDS, Sexual Abuse and Assault Prevention and
Intervention, section (V)(F), the FOD must ensure, “ICE/ERO has provided a sexual assault
awareness notice to be posted on all housing-unit bulletin boards, as well as a “Sexual Assault
Awareness Information” pamphlet to be distributed.”

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STAFF-DETAINEE COMMUNICATION (SDC)
ODO reviewed the Staff-Detainee Communication standard at MCDC 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 ICE 2008 PBNDS. ODO interviewed staff and
detainees, toured and observed housing units, and reviewed ERO visitation records and Facility
Liaison Visit Checklists.
The Miami Field Office and the MCDC have policies and procedures on staff detainee
communication and adhere to the 2008 PBNDS. An SIEA and (b)(7)e EAs have frequent, formal
and informal access to and interaction with detainees. ERO staff stated although DOs are
assigned the case management duties at MCDC, they do not physically visit the facility to
interact with detainees.
An SIEA conducts weekly unannounced, unscheduled visits to the MCDC. These visits are
documented in the facility’s front entrance log books. Through interviews, detainees confirmed
interacting with the SIEA during those visits. IEAs from the Krome SPC visit the facility on a
weekly basis, usually on Thursdays. Visitation schedules are posted in the kiosk located in the
detainee housing unit. A majority of detainees interviewed stated the IEA visits are consistent
with the posted schedule in the kiosk. Visits by ERO non-supervisory staff are documented by
facility liaison checklists, MCDC front entrance log books and in the detainee housing unit log.
Detainees may submit written requests or concerns to ICE ERO staff using an ICE-specific form
available from the housing unit officer’s desk. All completed requests are returned to the
housing unit officer, who then forwards all ICE related requests to Krome SPC for processing.
Upon completion, the requests are emailed back to the facility and given to the detainee by
MCDC staff. A copy of the request is placed in the detainee’s A-File, which is kept at Krome
SPC.
Facility staff stated if a detainee’s request pertains to the MCDC it may be resolved by the
housing unit officer or passed on to a shift supervisor for resolution. A copy of the facility
related requests are faxed or emailed to ERO staff at Krome SPC. ODO observed a secure
dropbox for detainees was not available in the housing unit or in the SMU (Deficiency SDC1). 10 Per the PBNDS, a dropbox shall be provided for detainees to correspond directly with ICE
management, and only ICE personnel shall have access.
ERO maintains an electronic log containing the minimum information required by the standard.
ODO reviewed 530 requests submitted in December 2013 through August 2014 and found 30
were responded to in excess of the 72-hour time frame as required by the standard
(Deficiency SDC-2). The requests related to an array of topics such as: detainee’s immigration
case status, expedited removal, bond, citizenship information, return to Krome, and need for
legal help.

10

Priority Component.

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OIG informational posters were located on a bulletin board in the detainee housing units and the
SMU. ERO tests telephones weekly and documents the results on a telephone serviceability
worksheet.

STANDARD/POLICY REQUIREMENTS FOR DEFICIENT FINDINGS
DEFICIENCY SDC-1
In accordance with ICE 2008 PBNDS, Staff-Detainee Communication, section (V)(B), the FOD
must ensure, “ the facility shall provide a secure dropbox for ICE detainees to correspond
directly with ICE management. Only ICE personnel shall have access to the dropbox.”
DEFICIENCY SDC-2
In accordance with ICE 2008 PBNDS, Staff-Detainee Communication, section (V)(B)(1)(b), the
FOD must ensure, “ Each detainee request shall be forwarded to the ICE/ERO office of
jurisdiction within two business days and answered as soon as possible and practicable, in person
or in writing, but no longer than within three business days of receipt.”

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