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ICE Detention Standards Compliance Audit - Otero County Processing Center, Chaparral, NM, ICE, 2010

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uepanJllt:nl. UI nUmelana ;:,ecunty
Immigration and Customs Enforcement
Office of Detention and Removal

•

Condition of Confinement Review Worksheet
(This document must be attached to each G-324A Inspection Form)

This Form to be used for Inspections of all Facilities Used Over 72 Hours

ICE Detention Standards Review Worksheet

~
D
D

Local Jail- IGSA
State Facility - IGSA
ICE Contract Detention Facility

Name
Otero
Center
Address (Street and Name)
26
Road
City, State and Zip Code
New Mexico 88081

Type of Review
~ Headquarters

0

Operational

DSpecial Assessment

o Other

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07

TABLE OF CONTENTS

•

•

DETAINEE SERVICES STANDARDS (SECTION I) .................................................................................. 3
ACCESS TO LEGAL MATERIALS ............................................................................ ;..•••.•..•..•...................•.•.......
ADMISSION AND RELEASE .......•..............................................................•.•...........••••......•...••••..........•..............
CLASSIFICATION SYSTEM .............................•..............................•.....•....•••..•.•........•..•......••••••...........•.•••..........
CORRESPONDENCE AND OTHER MAIL............................................•...••••............•.........••.•...............•••.....•......
DETAINEE. HANDBOOK ..............•..........................................•.....•.............•.•.••..................................•..............
FOOD SERVICE ........................................ :.........................................•...........•••......•..........•..........•...••..•...........
FUNDS AND PERSONAL PROPERTY .............................................•...••..••.•...•••.•..............•••••........•.....••.•...........
DETAINEE GRIEVANCE PROCEDURES .......................................••..•••••••...•.••......•..........••••.•...............••.•..........
GROUP PRESENTATIONS· ON LEGAL RIGHTS ..........•........•........••••••••••••......·....••..............•................................
ISSUANCE AND EXCHANGE OF CLOTHING, BEDDING, AND TOWELS •..•.....•...................................................
MARRIAGE REQUESTS ........•...••....••....•......•........•........•..•.....•••••••••••..•........••......•............................................
NON-MEDICAL ESCORTED TRlPs .......•.......•........•.......•....•..•.•••••.••••.............•..•••.............................................
RECREATION ••..•••........•.••.........•••.••........•...•.........•••..•••......•••.••••....•..............••..•..............................................
RELIGIOUS PRACTICES ......•.......•................ ·...............••••.....•.•.•••••.••.............•.....•.•............... ;....................•.......
ACCESS To TELEPHONES •..•...................•.........•..••.••••.••....•...•••........................•.•..........................................••
VISITATION .......................•........•...........................••••••.•.......••..••...............•....•.•••.•...................•..•..••................•
VOLUNTARY WORK PROGRAM ................•...............•..••.........•.....................•.••.••......•...............•.....................•
HEALTH SERVICES STANDARDS (SECTION II) ................................................................................. 33
HUNGER STRIKES .•............................••.................................•.....••..•.•••••••••....................•......•...........................
ACCESS To MEDICAL CARE .............................................•........•••...•..•..•••..................••..•....••..........................
SUICIDE PREVENTION AND INTERVENTION ................................•••••..•.••••.......................•..••...........................
TERMINAL ILLNESS, ADVANCED DIRECTNES AND DEATH .•................•........................•..................•............

SECURITY AND CONTROL STANDARDS (SECTION III) .................................................................... 42
CONTRABAND .............•.•.........................................•••................................••.....................................•••............
DETENTION FILES .....................••.............................................•.........................................................••............
DISCIPLINARY POLICY .................................................................................................................................... .
EMERGENCY PLANS ........................................................................................................................................ .
ENVIRONMENTAL HEALTH AND SAFETY ....................................................................................................... .
HOLD ROOMS IN DETENTION F ACll.JFIES ...................................................................................................... .
KEy ANI> LOCK CONTROL .............................................................................. ;............................................... .
POPULATION COUNTS ..................................................................................................................................... .
POST ORDERS ................................................................................................................................................. .
SECURITY INSPECTIONS ................................................................................................................................. .
SPECIAL MANAGEMENT UNIT (ADMINISTRATNE SEGREGATION) ............................................................... .
SPECIAL MANAGEMENT UNIT (DISCIPLINARY SEGREGATION) ................ ~ .................................................. ..
TOOL CONTROL ..................................... ,........................................................................................................ .
TRANSPORTATION (LAND) ............................................................................................................................ .
USE OF FORCE ................................................................................................................................................. .
STAFF/DETAINEE COMMUNICATIONS ............................................................................................................ .
DETAINEE TRANSFER STANDARD ................................................................................................................... .

NOTE: FOR EACH S'fANDARJ)RATBD BELOW A.cCEPTABL~ fACILITIES MUSTAITACH A PLAN OF ACTION FOR BRllNGlNGjl
OPERATIONS·. INTO COMPLIANq3. EACH FA,ClLlTY SHOULD EXAMINE THE ENTlRE WORKSHEET TO 1D:EN'TlFY AREAS OF·
lMJ'ROVE]vlEJlIT, INCLUDING THOSE STANDARDS WHERE AN OVERALL FINDING OFACCEPTABI;,EWAS AClfl!E'fED

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page2of73

•
SECTION I

DETAINEE SERVICES STANDARDS

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 3 of73

o
The library contains a sufficient number of chairs, is well lit, and is
reasonably isolated from noisy areas.
with typewriters and/or computers,
The law library is
the detainees.
and has sufficient
In addition to the physical law library, detainees have access to the Lexus
Nexus electronic law library.

o

o

D

o

D

o

D

o

D

Outside persons and organizations are permitted to submit published legal
material for inclusion in the legal library. Outside published material is
forwarded and reviewed ICE
There is a designated ICE or facility employee who inspects, updates, and
maintains/replaces legal materials and equipment on a routine basis.

o

D

o

o

Detainees facing a court deadline are given priority use of the law library.

o

o

o

o

The center's library is well lit, has
sufficient seating, and is isolated
from
areas.

LexisNexis is available and
detainees were observed using it
during the course of this

Where provided, the l.exus Nexus library is updated and is current

Detainees may request materials not currently in the law library. Each
request is reviewed and, where appropriate, an acquisition request is timely
initiated. Requests for copies ofcourt decisions are acconnnodated within 3
-5 business
Detainees are permitted to assist other detainees, voluntarily and free of
charge, in researching and preparing legal documents, consistent with
security.
Illiterate or non-English-speaking detainees without legal representation
receive access to more than just English-language law books after
their
for
Detainees may retain a reasonable amount ofpersonal legal material in the
general population and in the special management unit. Stored legal
materials are accessible within 24 hours of a written
Detainees housed in Administrative Detention and Disciplinary Segregation
units have the same law library access as the general popUlation, barring
security concerns. Detainees denied access to legal materials are
documented and reviewed routinely for lifting of sanctions.

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ICE maintains staffin a suboffice at tbiscenter. Theyupdate
the
as needed.
Detainees are allowed five hours
per week of time in the law
library, and may request
additional time which is
accommodated. Detainees are not
required to forego recreation time
to utilize the law

Staffand detainee interviews
verified that assistance from one
detainee to another detainee is
allowed.

o

o

o

o

o

D

Detainees are allowed to retain
all their legal materials.

o

Detainees in the Special
Management Unit (SMU) are
allowed access to the law library
during the hours not used by
detainees in general population.
A review of the law library log·
books details the times accessed
detainees in the SMU.

o

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page40f73

IZI ACCEPTABLE

DDEFICIENT

OAT-RISK

o REPEAT FINDING

REMARKS:

required materials. Detainees regularly use the library.

The center has a dedicated
N;

I March 11. 2010

AUDITOR'S SIGNATURE IDA

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FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
PageS of73

In-processing includes an orientation of the facility. The orientation
includes: Unacceptable activities and behavior, and corresponding
sanctions; How to Contact ICE; The availability ofpro bono legal services,
and how to pursue such services; schedule of programs, services, daily
activities, including visitation, telephone usage, mail. service, religious
programs, count procedures, access to and use of the law library and the
and the detainee handbook.
sick-call
Medical screenings are performed by medical staff or persons who have
received specialized training for the purpose of conducting an initial health
screening.
Each new arrival is classified according to criminal history and threat
levels. Criminal history is provided for each detainee by the ICE field
office.
All new·arrivals·are searched in accordance with the "Detainee Search"
standard An officer of the same sex as the detainee conducts the search
and the search is conducted in an area that affurds as much privacy as

!ZI

0

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the center uses an orientation video
which is well prepared and contains all
required components. Detainees are
given a handbook during the admission
process.
Licensed Vocational Nurses perform
the initial medical screening fullowed
by a physical completed by a Registered
Nurse within 14

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standard governs all personal property searches.
use or have a similar contraband standard. Staffprepares a
inventory of each detainee's possessions. The detainee receives

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Staffcompletes Form 1-387 orsimilarfurmforCDFsandIGSAsfurevery
lost or missing property claim. Facilities furward all 1-387 claims to ICE.

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Detainees are issued appropriate and sufficient clothing and bedding for
the climatic conditions.
The facility provides and replenishes personal hygiene items as needed
Gender-specific items are available. ICE Detainees are not charged for
these items.

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Noli-criminal detainees are pat searched
unless reasonable suspicion is
established.

The center prepares and issues the
1-387 form. It is provided to on-site
staff.

The center provides and replenishes
personal hygiene items as required.
ICE detainees are not charged fur these
items. Only male detainees are housed
the center.

REMARKS:

The center admitts and releases detainees in accordance with NDS. There is an ICE sub-office at the center. So, all admissions begin and
end with processing by ICE staff.

~
AUDITOR'S SIGNA

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 6 of73

The facility has a system for classifYing detainees. In CDFs
and IGSAs, an Objective Classification System or similar is
used.
The facility classification system includes:
• Classifying detainees upon arrival;
• Separating from the general population those
individuals who cannot be classified upon arrival;
and
• The first-line supervisor or designated
classification specialist reviewing every

~

~

reviews work-folders, A-files,
each new arrival.
Staff uses only infurmation that is factual, and reliable to
determine classification assignments.
Opinions and
unsubstantiated! unconfirmed reports may be filed but are
not used to
detainees
A detainee's classification-level does not affect his/her
recreation opportunities. Detainees recreate with persons of
similar classification
Detainee work assignments are based upon classification
classification

process
includes
At IGSA's, detainees may
after arrival.

~
~

~

o o

The center uses a primary assessment form to classify
all detainees received.

o

o

The center provides immediate classification of
detainees. A classification manager reviews all
classification decisions.

o

o

o

o

o o
o o
o

o

Classification levels do not affect a detainee's
recreation opportunities with similarly classified
detainees.

The center's written policy provides for
reclassification of detainees between 45-60 days after
initial classification.

o o
Classification appeals are resolved within five business days
and detainees are notified of the outcome within 10 business

~

Classification designations may be appealed to a higher
authority, such as the Warden or equivalent.

~

The Detainee Handbook or equivalent for rGSAs explains
the classification levels, with the conditions and restrictions

~

~ ACCEPTABLE

o

DEFICIENT

o o
o o

Classification appeals are directed to the classification
manager who responds within one day. The detainee
may appeal this decision to the warden who responds
within 72
of the

o o
OAT-RISK

o

REPEAT FINDING

REMARKS:

The classification process at the center is meets requirements for initial classification and re-classification. Detainee appeals receive a
timely response from the Classification M!llla;ger

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 7 of73

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YES~'NO

The rules for correspondence and other mail are posted in each
housing or cornmon area, or provided to each detainee via a
detainee handbook.
The facility provides key infonnation in languages other than
English; In the language(s) spoken by significant numbers of
detainees. List any CAl;CVUUJllS.
T.
'~ mail is distributed to detainees within 24 hours or 1
,
. day ~fter it is received and
"
Outgoing mail is delivered to the postal service within one
business day of its entering the internal mail system (excluding
weekends and L
-,
Staffdoes not open and inspect incoming general correspondence
and other mail (including packages and publications) without the
detainee present unless documented and authorized in writing by
the Warden or equivalent for prevailinl1 :)<NUHLy' reasons.
Staff does not read incoming general correspondence without the
Warden's pri~written 111111lUVi:U.
Staff does not inspect incoming special Correspondence for
physical contraband or to verifY the "special" status ofenclosures
without the detainee present.
from reading or copying incoming special
Staff is r

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\AJU'

"

only authorizOO 10 m,.,..t OUlgoing correspondence or
mail ~ithout .the detainee present when th~r~ is reason to
.
the Item mIght present a threat to the facility's secure or
orderly operation, endanger the recipient or the public, or might
.
facilitate criminal activity.
Correspondence to a politician or to the media is processed as
special correspondence and is not read or copied.

The official authorizing the rejection of incoming mail sends
written notice to the sender and the addressee.
The official authorizing censorship or rejection of outgoing mail
provides the detainee with sigued written notice.
Staff maintains a written record of every item removed from
detainee mail.
The Warden or equivalent monitors staff handling of discovered
contraband and its disposition. Records are accurate and up to
date.
Th~ procedure fur safeguarding cash removed from a detainee
protects the detainee from loss offunds and theft. The amount of
cash credited to detainee accounts is accurate. Discrepancies are
documented and investigated Standard procedure includes issuing
a receipt to the detainee.
OriginallUCIlULY
.
(e.g., passports, birth certificates) are
~ "removed and furwarded 10 lCEstafffurplacement in

N,A,</.i'

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0

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Correspondence rules are posted in detainee
housing units. They are also included in both
the English and Spanish versions of the detainee
handbook.

All incoming mail is opened and inspected for
contraband without the detainee present as
authorized by written policy.

The detainee is present if the center needs to
inspect special correspondence.

The center recognizes correspondence to a
politician and media representatives as special
".
It is not read or copied.
l;UlA'

The center maintains a contraband log book in
the mail room which contains a written record
of items removed from a detainee's mail.

Ifcash is received in correspondence it is
verified by two employees, documented on a
spread sheet, and taken to the finance clerk for
placement into the detainees account. A receipt
is issued to the detainee and the sender is
advised.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 8 of73

,~,:

Staff disposes of prohibited items found in detainee mail in
accordance with the "Control and Disposition of Contraband"
Standard or the similar prevailing policy in IGSAs.
Every indigelit detainee has the opportunity to mail, at
government expense, reasonable correspondence about legal
matter, in three one ounce letters per week and packages
deemed
ICE.
The fucility has a system for detainees to purchase stamps and for
mailing all special correspondence and a minimum of5 pieces of
week.
The fucility provides writing paper, envelopes, and pencils at no
cost to ICE detainees.
.

a

~ ACCEPTABLE

0

DEFICIENT

~

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~

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D

o

o

0

D

AT-RISK

Prohibited items are confiscated by security
staff, placed in a contraband bag or evidence
locker, and ultimately disposed of pursuant to

o

REPEAT FINDING

REMARKS:

The center has a dedicated mail room. A mail room supervisor oversees the efficient handling of all detainee correspondence.

~
AUDITOR'S

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 9 of73

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07

The detainee handbook is written in English and translated into
co.
:~h or into the nextJU",,~-p.,;!valent T
(s).
The handbook is supplemented by the facility orientation video,
where one is plUVl.i~.
All staff members receive a handbook and training regarding the
handbook contents.

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0

0

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0

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0

The orientation video is available in English
and n.
-,- onaDVD.
Topics from the detainee handbook are
included in pre-service training which all
newly hired staff
of

The handbook is revised as necessary and there are procedures in
place for immediately communicating any revisions to staff and
detainees.
There an annual review ofthe handbook by a designated committee
or staff member.
The detainee handbook addresses the following issues:
• Personal Items pennitted to be retained by the detainee;
and
• Initial issue of clothes, bedding and personal hygiene
items.
handbook states in clear language the basic detainee
The
~ibilities.

The handbook clearly outlines the methods for classification of
detainees, explains each level, and explains the classification
handbook states when a medical examination will be
conducted.

The handbook describes the mcility, housing units, dayrooms, inand special.holL'IinQ; units.
dorm
The handbook describes official count times and count procedures;
meal times and feeding procedures; .procedures for medical or
religious diets; smoking policy; clothing exchange schedules; and, if
authorized, clothes washing and drying procedures, and expected
1.. .:.
Dra( ::e8.
The handbook describe times and procedures for obtaining
disposable razors, and allows that detainees attending court will be
afforded the UppUltWlH'y to shave first.
...It.
.1. Y"03,,;i!:.'-'3 barber hours and hair cutting ."" .... ;"uvu".
The
The handbook describes the telephone policy; debit card procedures;
direct and free calls; locations oftelephones; policy when telephone
demand is high;' and policy and procedures for emergency phone
calls.
The handbook addresses religious progrannning.

The handbook states times and procedures for commissary or
vending machine usage, where available.

••

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0

0

The most recent revision of the detainee
handbook is dated October 23, 2009.

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0

0

All recommended changes to the detainee
handbook are forwarded to the Warden's
"""_''''=y for comnih>ti"n

~

0

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The handbook indicates that medical exams
will be conducted within 14 days after
admission. This component was verified by
the medical review.

The detainee handbook addresses all of these
requirements.

The schedule for dates, times, and type of
religious services are included in the detainee
handbook and are posted in the housing units.
There are no vending machines in the detainee
housing units. The commissary schedules and
plV""........ "" are included in the handbook.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 10 of73

~
The handbook describes the library location and hours ofoperation,
and law library procedures and schedules.

The handbook describes attorney and regular visitation hours,
and

handbook describes the detainee disciplinary policy and
procedures, including:
• Prohibited acts and severity scale sanctions;
• Time limits in the Disciplinary Process; and
Process.
of the
•
The grievance section of the handbook explains all steps in the
grievance process - Including:
• Infonnal (if used) and formal grievance procedures;
• The appeals process;
• In CDF facilities: procedures for filing an appeal of a
grievance with ICE.
• StaffJdetainee availability to help during the grievance
process.
• Guarantee against staff retaliation for filing/pursuing a
grievance.
How
to file a complaint about officer misconduct with the
•
ofHomeland
The detainee handbook describes the medical sick call procedures
for general population and segregation.
The handbook describes the facility recreation policy including:
• Outdoor recreation hours.
Indoor recreation hours.
The handbook describes the detainee dress code for daily living; and
wolk
The handbook specifies the rights and responsibilities of all
detainees.

0

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0

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0

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•

rzJ ACCEPTABLE

o DEFICIENT

0

o AT":RISK

Library hours are included in the handbook
and are posted in housing units. The schedule
is organized by the first letter of the detainee's
surname.
Attorney visits are accommodated, as
and based on a
schedule.

Disciplinaryrules and sanctions are defined in
the handbook and are posted in the housing
units.

Medical sick call procedures are identified in
the handbook for both general population and

o REPEAT

FINDING

I
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 11 of73

REMARKS:

The center complies with the NDS regarding the Detainee Handbook. All required topics are included in the detainee handbook.
Infonnation regarding library access, telephone use, visitation, medical sick call, the disciplinary process and sanctions are also posted in
housing unit to complement topics covered in the detainee handbook.

each

I".

I March 11, 2010

AUDITOR'S

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 12 of73

The food service program is under the direct supervision ofa
professionally trained and certified fuod service administrator.
Responsibilities of cooks and cook furemen are in writing. The
Food Service Administrator (FSA) determines the responsibilities
of the Food Service Staff.
The Cook Supervisor is on duty on days when the FSA is offduty
and vice versa.

Th~ FSA provides food service employees with training that
specifically addresses detainee-related issues.
• In ICE Facilities this includes a review ofthe ICE ''Food
Service" standard

Knife cabinets close with an approved locking device, and the
on-duty cook fureman maintains control of the key that locks the
device.
All knives not in a secure cutting room are physically secured to
the workstation and staff directly supervises detainees using
knives at these workstations. Staff monitors the condition of
knives and
utensils.
When necessary, special procedures govern the handling offuod
that

The detainees assigned to the food service department look neat
and clean. Their clothing and grooming comply with the ''Food
Service" standard.
The FSA annually reviews detainee-volunteer job descriptions to
ensure they are accurate and up-to-date.

During orientation and training session(s), the CS explains and
demonstrates:
• Safe work practices and methods;
• Sarety features of individual products/pieces of
equipment; and
• Training covers the sare handling of hazardous
material[sJ the detainees are likely to encounter in their
work.
The Cook Supervisor documents all training in individual
detainee detention files.

The Food Service Administrator is certified and
professionally trained. Responsibilities are
clearly defined in writing.

o

o

The kitchen staff includes the Food Service
Administrator, assistant supervisors, cooks and
kitchen workers. The assistant supervisors are
on duty when the Food Service Administrator is
off

o

D

Detainee related issues are addressed in preservice training.

o

o

o o

areas.
FSA monitors staff implementation of the facility's
population counts procedures. Staff is trained in count

The Cook Foreman or equivalent instructs newly assigned
detainee workers in the rules and procedures ofthe fuod service

o

o

D

o

D

D

o

o

o

D

o

o

IZI

o

D

~

o

D

IZI

o

o

Knives are tethered to the workstation when in
use. Only staifis permitted to use knives fur
food preparation. Center staffdirectly monitors
the condition of all knives and
utensils.
Staff is available to provide direct supervision
for
offood.
SlITlp.nrj!':nr!': complete inspections routinely
work shifts.

The Food Service Administrator maintains and
updates job descriptions fur all detainee
volunteer

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 13 of73

J.JlJo.a.u.lvv~ at CDFs are paid in accordance with the "Voluntary
Work Program" standard. Detainee workers at IGSAs are
subject to local and state rules and regulations regarding detainee

o

Detainees are served at least two hot meals every day. No more
than 14 hours elapse between the last meal served and the first
meal of the fullowing day.

o

For cafeteria style operations, a transparent "sneeze guard"
protects both the serving line and salad bar line.

o o

The fucilityhas a standard 35-daymenu cycle.· IGSAs use a 35
or similar
fur
meals.
The FSA or facility considers the ethnic diversity of the
facility's detainee population when developing menu cycles
(Provide examples).

o

A registered dietitian conducts a complete nutritional analysis of
menu
The FSA has established procedures to ensure that items on the
master-cycle menu are prepared and presented according to
The Cook Foreman has the a~thority to change menu items if
necessary.
• If yes, documenting each substitution, along with its
justification
• With
toFSA
All staff and volunteers know and adhere to written "fuod
Detainees whose religious beliefs require the adherence to
particular religious dietary laws are referred to the Chaplain or
FSA.
A common-fare menu available to detainees whose dietary
requirements cannot be met on the main line.
• Changes to the planned common-fare menu can be
made at the facility level;
• Hot entrees are offered three times a week;
• The conunon-fare menus satisfy nutritional
recommended daily allowances (RDAs);
• Staff routinely provide hot water for instant beverages
andfuods;
o Common-fare meals are served with:
• Disposable plates and utensils.
• Reusable plates and utensils.
• Staff use separate cutting boards, knives, spoons,
the common-fare diet items ..
A supervisor at the command level must approve a detainee's
removal from the Conunon-Fare

~

o
o

All detainees are paid the standard wage of
$1.00 per day which is consistent with all other
detainee assignments in the center.
The menu provides three hot meals per day.
Meal times are such that no more than 14 hours
elapses between the last meal served and first
meal the
The center kitchen does not serve cafeteria
style. Trays are served through food tray

o

The center menu maintains a 42 day cycle.

o

o

The center's master menu establishes a variety
offoodswhich meet the ethnic diversity needs
of the detainee population Tacos, chicken, fish,
and beans are on the menu.

o

o

o

o

o

o

o

o

If a substitution is made, a substitution report is
forwarded to the Food Service Administrator
and the Warden.

~

o o

The center Chaplain is involved in identifying
religious dietary requirements of detainees, and
works closely with the Food Service
Administrator.

~

o o

All requirements of this component are
currently being met by the center.

[gJ

o o
o o

The Chaplain must review detainee removals
from the common.:.fare

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 14 of73

common-fare program accommodates detainees abstaining
from particular foods or :tasting for religious purposes at
prescribed times of the year.
•
Muslims :tasting during Ramadan receive their meals
after sundown.
Jews who obServe Passover but do not participate in the
•
Common-Fare Program receive the same Kosher-forPassover meals as those who do participate.
•
Main-line ofThrings include one meatless meal (lunch or
on Ash
and
Lent.
The food
program addresses medical diets.
Satellite-feeding programs follow guidelines for proper
sanitation.
Hot and cold foods are maintained at the prescribed, "safe"
temperature(s) while being served.
All meals are

in nutritionally adequate portions.

Food is not used to punish or reward detainees based upon
behavior.
The food service staff instructs detainee volunteers on:
Personal cleanliness and hygiene;
•
•
Sanitary techniques for preparing, storing, and serving
food; and
•
The sanitary operation, care, and maintenance of

o

o

~

0

0

~

0

0

~

0
0

0
0

o

o

o

o

o

o

o

o

o

o

Religious, ceremonial and nutritional
requirements are provided for identified
religious affiliations.

~

~

~

F''''rvrlnp' working in the food service department complies with
food safety and sanitation requirements.

Standard operating procedures include weekly inspections ofall
food service areas, including dining and food-preparation areas
and equipment
•
Who conducts the
Equipment is inspected for compliance with health and safety
codes and regulations.
•
When was the most recent inspection?
•
Which
conducted the
Reports of discrepancies are forwarded to the Warden or
designated department head, and corrective action is scheduled
and
Standard procedure includes checking and documenting
temperatures of all dishwashing machines after each meal.

o o
o o
o o

Staff documents the results of every refrigerator/freezer
temperature check.
The cleaning schedule for each food service area is conspicuously
Procedures include inspecting all incoming'food shipments for
damage, contamination, and pest infestation.

o

o

At the time of the inspection, hot and cold foods
were maintained within the prescribed range of
safe

The New Mexico Environmental Department
inspected and approved the food service
operation on November 16, 2009.

Temperature checks were posted near the door
of the
.

o
o

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 15 of73

REMARKS:

The food service department at the center provides a variety of ethnic meals to the detainees. The center houses a diverse population and
the food service department is successful in meeting the cultural and religious requirements of the detainees. Floors and equipment in the
food preparation area were clean. Employee job responsibilities appeared to be well organized and directed
It is recommended that storage

be locked when not in use to comply with the NDS.

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 16 of73

Detainee funds and valuables are properly separated, stored, and are
accessible only by designated supervisor(s).

~

0

Detainees' large valuables are secured in a location accessible to designated
supervisor(s) or processing staff only.

~

0

0

~

0

0

~

0

0

Audits ofbaggage and non-valuable property occur each quarter and audits
are logged and verified.

~

0

0

Two officers are present during the processing of detainee funds and
valuables during in-processing to the facility. Both officersveri1)rfunds and
valuables.

~

0

0

Staff procedures follow written policy for returning forgotten property to
detainees.

~

0

0

.~

0

0

.~

0

0

Staff itemizes the baggage and personal property of arriving detainees
(including funds and valuables): For IGSAs and CDFs, using a personal
form that meets the ICE standard?
Staffforwards an arriving detainee's medication to the medical staff.

Property discrepancies are immediately reported to the CDEO or Chiefof

facility procedures fur handling detainee property claims are
the ICE standard
The facility attempts to notify an out-processed detainee that he/she left
property in the facility:
• By sending written notice to the detainee's last known address;
• Via certified mail; and
• The notice state that the detainee has 30 days in which to claim the
after which it will be considered abandoned.
The facility disposes of abandoned property in accordance with written
procedures.
• If a CDFIIGSA facility, written procedure requires the prompt
ofabandoIied
to ICE.

~

0

0

~

0

0

All large valuables are placed in
plastic tubs and stored on shelves. The
storage area is secured by a locked
metal door and supervised by a
correctional officer.

is forwarded to health care

detainee's arrival.
Random audits are conducted weekly.
All audits are logged and verified by
center
Three officers and a supervisor are
present to process and verify detainee
funds. Receipts are issued to the
detainee.
Intake staff at the center use ICE fonn
1-387 to report a detainee's missing

A letter is forwarded to the detainee's
last known address via certified mail.
Ifno response is received, the
property is turned over to ICE for
disposition.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 17 of73

REMARKS:

Overall, the facility complies with the NDS regarding Funds and Personal Property.

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 18 of73

Written procedures provide for the infonnal resolution oforal grievances
(Not mandatory).
• If yes, the detainee has up to five days within which to make
hislher concern known to a member of the staff.
Detainees have access to the grievance committee (or equivalent in
IGSA), using formal procedures.
• Detainees may seek help from other detainees or facility staff
when preparing a grievance.
• Illiterate, disabled, or non-English-speaking detainees receive
assistance when
member of the staff knows how to identifY emergency grievances,
the
for
them.
There are documented or substantiated cases of staff harassing,
discip1ii1ii1g, penalizing, or otherwise retaliating against a detainee who
lodged a complaint:
• If yes, explain.

o

o

D

o

o

o

include maintaining a Detainee Grievance Log.
If not, an alternative acceptable record keeping system is
maintained.
• "Nuisance complaints" are identified in the records.
• For quality control purposes, staffdocument nuisance complaints
received but not filed.
Staff is required to forward any grievance that includes officer misconduct
to a higher official or, in a CDFIIGSA facility, to ICE.

o
The facility employs a full-time
grievance officer. Center policy
allows detainees to seek help from
other detainees or staff. Special
assistance is available when

o

There were two substantiated
cases of staffusing inappropriate
language when addressing
detainees. The staff admitted to
the inappropriate behavior and
were referred for disciplinary
action.

o

A nuisance log is maintained by
the grievance officer. A computer
log is maintained for other
grievances which have been
investigated and resolved.

o

The two substantiated cases of
staffusing inappropriate language
when addressing detainees were
referred for-disciplinary action.
The Associate Warden advised
ICE of the inappropriate staff
behavior as well as the resolution.

'rnl',p.l!l'lrp_<;l

o

o
~ ACCEPTABLE

o DEFICIENT

OAT-RISK

o

REPEAT FINDING

REMARKS:

The center has a full-time grievance officer who receives, reviews, investigates, and provides timely responses to detainee grievances.

. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 19 of73

The Field Office is responsive to requests by attorneys and accredited
for
Upon receipt of concurrence by the Field Office Director, the facility or
authorized ICE Field Office ensures timely and proper notification to
or accredited
The facility follows policy and procedure when rejecting or requesting
modifications to objectionable material provided or presented by the
or accredited

Posters announcing presentations appear in common areas at least 48 hours
in advance and sign-up sheets are available and accessible.

is submitted and maintained
attend a
and the ______.F_'

detainee is denied
the denial.

etamel~ in segregation, unable to attend for security reasons, may request

sessions with

Such

are documented.

o

D

D

D

D

D

D

D

o

D

D

D

D

D

Interpreters are admitted when necessary to assist attorneys and other legal
representatives.

D

D

Presenters are afforded a millimum
to conduct a

D

D

D

D

Presenters are permitted to meet with small groups of detainees to discuss
their cases aftet the group presentation. ICE or authorized. detention staifis
but do not monitor conversations with
Group presenters who have had their privileges suspended are notified in
writing by the Field Office Director or designee; and the reasons for
suspension are documented. The Headquarters Office for Detention and .
Removal, Field Operations and Detention management Division, is notified
when a
or individual is
:from
The facility plays ICE-approved videotaped presentations on legal rights at
regular
at the
of outside organizations.
A copy of the Group Legal Rights Presentation policy, including
is available to detainees

~ ACCEPTABLE

D DEFICIENT

D

~

The center allows all detainees
the opportunity to attend

The center has an ICE sub-office.
So, any necessary interpreters
required to assist are screened
and allowed.

The center has never had this
occur. However, staff advised
that the on site ICE staff would
follow the required procedures.

I:8l

o

D

[81

D

D

[81

D

o

AT-RISK

The center allows a "Know Your
Rights" presentation by the local
dioceses. All detaint;es are
advised in writing when the
presentation will occur and that
attend.

D REPEAT FINDING .

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 20 of.73

REMARKS:

The center permits group legal rights presentations by the local "Know Your Rights" group. Presentations are well publicized. All
detainees are provided the opportunity to attend, regardless of their classification or housing assignment

e....

March 11. 2010

AUDITOR'S SIGNATURE/

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITNE)
Page 21 of73

The facility has a policy and procedure for the regular issuance and
exchange of clothing, bedding, linens, and towels.
• The supply of these items exceeds the minimum required for the
number of detainees.
All new detainees are issued clean, temperature-appropriate, presentable
clothing during in-processing. Detainees receive:
• One uniform shirt and one pair ofuniform pants, or one jumpsuit;
One pair of socks;
One
pair of underwear (Daily change); and
•
footwear.
One
clothing is available for changing weather conditions, or as

•

New detainees are issued clean bedding, linens, and towels. Theyreceive at
a minimum:
• One mattress;
• One blanket;
• Two sheets;
• One pillowcase;
• One towel; and
• Additional blankets are issued based on local weather conditions.
Detainees assigned to special work areas are clothed in accordance with the
ofthe .
letainel::S are provided clean clothing, linen and towels.
• Socks and undergarments - exchanged daily.
• Outer garments - twice weekly.
• Sheets - weekly.
• Towels - weekly.
• Pillowcases - weekly.

~

D

D

~

D

D

~

D

D

D

D

D

D

~

Food service detamee volunteer workers are permitted to exchange outer

~

Volunteer detainee workers are permitted to exchange outer gannents more

~

~ ACCEPTABLE

DDEFlCIENT

D

D

D

D

D

D

D

AT-RISK

Center policy allows the issuance of
clothing which exceeds the
requirements of this component.

The center has established a schedule
for the laundry. Colored clothes are
washed on Monday, Wednesday, and
Friday. Whites are washed on
Tuesday and Thursday. Sheets,
towels, and pillowcases are washed on

D REPEAT FINDING

REMARKS:

The center operates a modem state of the art laundry. Clothing and linens are laundered on various days throughout the week. All
detainees were wearing apparel which appeared to be clean, weather appropriate and in good repair.

AUDITOR'S SIGNATURE

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 22 of73

Field Office considers detainee marriage requests on a case-by-case
basis.
The Field Office Director reviews every marriage request rejected by a
are documented.
Warden/OIC or IGSA.
It is standard practice to require a written request for permission to marry.

The written request includes a signed statement or comparable
documentation from the intended spouse, confirming marital intent.
The Warden/O IC provides a written copy ofhislher decision to the detainee
and his/her
.
When permission is denied, the Warden/OIC states the basis for hislher
decision.
The Warden/OIC provides the detainee with a place and time to make
~ ACCEPTABLE

DDEFICIENT

o

OAT-RISK

0

0

0

0

0

0

0

0

0

0

D

~

D

0

which considers and reviews
these

A process exists for written
marriage requests to be
submitted to the
The Chaplain initiates the written
process verifying marital intent of
the intended

No requests have been denied.

o REPEAT

FINDING

REMARKS:

As ofOctober 30,2009, New Mexico law required the intended spouse to be present when applying for a marriage license. This is not
possible for detainees. The Chaplain in cooperation with ICE staff resolved the issue by obtaining marriage affidavits from the State of
which is a short distance from the center.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 23 of73

The Field Office Director considers and approves, on a case-by-case basis,
trips to an immediate family member's:
• Funeral; or
• Deathbed
SIster, spouse, child, step-

0

0

0

0

0

0

escorts.

0

0

0

The detainee's Deportation Officer reviews the file before forwarding a
detainee's request, with recommendation, to the approving official. Each
recommendation addresses the individual's suitability for travel; e.g., the
kind of

0

0

0

o

o

o

o
o

o
o

D

o

0

D

o

0

0

o

Escorting officers report unexpected situations to the originating fucilityas a
matter ofprocedure, and the ranking supervisor on duty has the authority to
issue instructions
of the
Escorting officers have the discretion to increase or decrease minimum
restraints in accordance with written procedures and classification level of
the detainee.
officers are precluded from accepting gifts/gratuities from a detainee,
relative or friend for
reason.
officers ensure that detainees:
• Conduct themselves in a manner that does not bring discredit to the
ICE;
• Do not violate federal, state, or local laws;
• Do not purchase, possess, use, consume, or adniinister narcotics, other
drugs, or intoxicants;
• Make no unauthorized phone calls; and
• Know they are subject to search, urinalysis, breathalyzer, or
f'","",,,r,,hl,,, test
return.
Standard procedure reqUires the immediate return to the facility of any
detainee who violates
rules.

o ACCEPTABLE

D DEFICIENT

0

AT-RISK

D REPEAT FINDING

REMARKS:

All non-medical emergency escorted trips are handled by ICE.

AUDITOR S "".,,:on"'"

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page24of73

I:j/~~~7;~~~~7~}'i;j,~iri:~~~!l;~~1t~~f:~:;;i#~~~Ji"
The facility has a recreation program and facility.

A recreational specialist (for facilities with more than 350 detainees) tailors
the lJlUgtUlll activities and ulTtailll'!.O) to the detainee population.
Regular maintenance keeps recreational facilities and equipment in good
condition.
The recreational specialist or trained equivalent supervises detainee
recreation workers.
The recreational specialist or trainee equivalent oversees recreation programs
fur special housing units (SHU) and snecial-need~ detainees.
y m.;u VlUCO), e.g., board games, cards, tp.lp.vision
DaYlUums offer
Outside activities are restricted to limited-contact sports.

0

~

0

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~

D

D

~

0

D

~

0
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0
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0

0

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~

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~npp.;l'll}J'v&'"..u..,

-.".~

D

~

: ~the U/J/JUILwmy' to }J.....~'pULt; in daily.
Each
Detainees have access to recreation activities outside the housing units for at
least one hour daily, 5 days a week.
;is returned.
.and \.Nll;!i'...VU ~en IAJ.I
eChc:Cks all items fur
muf....
_1..
Ofi'
. areas before and after use.
All
•srarr ""P'" ' JO)Juu.
Lareasun~~
' with radios.
Super v ,.;ii'O staff is
The facility provides detainees in the SHU at least one hour of outdoor
recreation time daily, five times per_week.
Detainees in disciplinary/administrative segregation receive a written
explanation when a panel revokes his/her recreation privileges.

:..:. are available to A.
or religiolls
Volunteers are required to sign a waiver of liability before entering a secure
portion oftbe facility where detainees are nresent.
Vislwrs, 1l'l"tiv",-<O! or friends are not ~11()wP.t1. to serve as v'
.....- i is ...........d:. cb,wk this ~~. No :.u.:::"~A " .-"J81H,
lethe facility has no outside recreation, are detainees considered for transfer
after six months?
• If yes, written procedures ensure timely review of all eligible
detainees.
Case officers make written transfer recommendations aboutevetysix-month
detainee to the OlC.
.3
-,
TheOIC .3.
all neta'
'yes or no.
'<U.IO)L'"
for
or
an
offured
transfer
against
~ detainee's written decision
,,-,
... inhislher A-file.

~

...

L1.

[J

~

[ ]

~

0

0
0

~

0

0

~

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~

0

0

lis

[]
[]
. _.". °1 when

0

0

0

0
0
0

0

0
0
D

[J
D

" . •.

.. .....:

The center offers a wide variety
of indoor and outdoor
recreational opportunities for
detainees.

The center has a trained,
oualifiec' Recreation Supei "i~ul

Prohibition of contact sports is
identified in the detainee
handbook. Outside activities are
monitored by staff: Duringtbe
inspection, detainees were
observed playing soccer and
basketball.

Current regulations are in place
to notifY detainees if their
recreation privileges are
suspended. However, staff
advised that to date a revocation
oforivile!!es has not occurred.

.,0

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 25 of73

;;;"
l~.1'

0

[]

~

..::i

is "fi'".."d

~r
:

If no recreation is available, the ICE Districts routinely review transfer
for all detainees after 60
A-file ofevery detainee who is held more than 60 days without access
to recreation contains either a transfer-waiver signed by the detainee, or the
OIC's written determination of the detainee's
for transfer.
The detainee's legal representative is notified of the detainee's/OIC's
.
decision.

~ ACCEPTABLE

o DEFICIENT

o
o
o

OAT-RISK

o
o

o

o

o
o REPEAT FINDING

REMARKS:

Adequate outdoor facilities and scheduling ofrecreationaI activities are provided for detainees. Indoor recreation options are provided fur
those not participating in outdoor recreation. The facility employs a full time recreational specialist who has organized a full complement
of activities.

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page260f73

Space is available for detainees to conduct religious services.

The facility allows detainees to observe the major "holy days" of their
religious faith.
• List
The facilitY accommodates recognized holy-day observances by:
• Providing special meals, consistent with dietary restrictions;
• Honoring fasting requirements;
• Facilitating religious services; and
restrictions.
•
Each detainee is allowed religious items in hislher immediate possession.

~

0

0

~

0

0

~

0

0

~

D

0

~

0

0

o

o

Space for religious activities is
provided in large multi-purpose
rooms.

The center allows detainees to
maintain personal religious items
as well as those issued by the
center.
The Chaplain reviews
recommendations of volunteers
fromchurches. A check of the
criminal history of perspective
volunteers occurs.

Volunteer's credentials are checked and verified before allowing
participation in detainee programs.

IVle~m['ers offaiths not represented by clergy may conduct their own services

""'(,11""'''' allowances.
)eULinees in the Special Management Unit are allowed to participate in
religious practices unless otherwise docwnented for the safety and security
of the facility.

~ ACCEPTABLE

o DEFICIENT

OAT-RISK

D

o

Upon request, the Chaplain or
volunteer who is accompanied by
security staff may go to
segregation to visit detainees. A
review of the SMU log books
noted visits the

D REPEAT FINDING

REMARKS:

A tour during the inspection noted that religious services were in progress. The detainee handbook and posted notifications in the housing
units indicate the day and type of service to be
The center appears to offer a variety of programming to meet the spiritual needs
of the diverse detainee IJv~"uauv..

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 27 of73

.~:Fi~·.·X~/ . i:I·~~2.~T~"!ZJ£-';~Jl~'DfR{i;""".:~tp
. . ;i·.··;;'S..Yi'2:~i'.
."

.'.'"

-=h=::~;;;';;'~S~te1epho::;!!~~':~ . [81

b~,t~
...
'.,

' :<:,
laNi) .NiT'

.

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0

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0

0

Telephones are inspected regularlyby facility staif to ensure that they
are in good working order.

~

0

0

The facility administration promptly reports out-o:f.order telephones
to the facility's telephone service provider.

~

0

0

The facility administration monitors repair progress and takes
appropriate measures to ensure that required repairs are begun and
completed timely.

~

0

0

~

0

0

~

0

0

~

0

0

IZl

[J

[]

Upon n,l·
detainees are made aware ofthe :fucility's telephone
access policy.
Access rules are posted in 1.
units.
The facility makes a reasonable e:lfurt to provide key information to
detainees in languages spoken by any significant portion of the
facultys nnnnJ::ltinn
Telephones are provided at a minimum ratio ofone telephone per 2S
detainees in the facility population.

....

[81

e

""=

oalls "'" at no clwge to the ~.
OIG phone number for reporting abuse is programmed into the

~

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0

D

0

~

~

0

0

~

0

0

.:J
I ","ul"Livul) are·.:J
Any"
The facility has a system for taking and delivermg emergency
detainee telephone messages.

IZI

[]

[]

~

0

0

Emergencyphone call messages are immediately given to detainees.

~

0

0

Detainees are allowed to return emergency phone calls as soon as

~

0

0

Detainees in disciplinary segregation are allowed phone calls rela1:ing
to the detainee's immigration case or other legal matters, mcluding
.calls.·

~

0

0

Detainees in disciplinary segregation are allowed phone calls to
~1-. "",,, officials.

~

0

0

in disciplinary segregation are allowed phone calls for

~

0

0

phone system and the phone number was checked by the
.lUl)jJ""Wl' during the review.
Iri facilities unable to fully meet this requirement initially because of
limitations of its telephone service, ICE makes alternate
arrangements to provide required access within 24 hours ofarequest
by a detainee.
No restrictions are placed on detainees attempting to contact
attorneys and legal service providers who are on the approved "Free
Legal Services Iisf'.
Special arrangements are made to allow detainees to speak by
telephone with an immediate family member detained in another
T> . • " ' .

,:1... 1.

family

....

.

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.....

.

..

The center provides infurmation about
telephone access to detainees in English and .
The center has four available phones for
each fifty detainees.

Detainees are afforded a reasonable degree
ofjJuva". forlega! phone calls.
D
have direct daily contact with ICE
staff, and assistance is available if needed.

The OIG phone number was readily
available to detainees and when checked
,was in -, . order.
The center meets this requirement.

All special arrangement phone calls are
coordinated through on site ICE staff.

The center's Chaplain advises detainees of
'mP.llllllO'P.C;:

The center places no restrictions on phone
call for detainees in the disciplinary
~clifegation unit.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 28 of73

.

~nRnt!Oln

.!

are afforded a reasonable degree of privacy for legal
phone calls.
A procedure exists to assist a detainee who is having trouble placing
a confidential call.
The facility provides the detainees with the ability to make noncollect (special access) calls.

\,.'{

'::" .
~:;;.,.
.'.'
"..::<,:
'c . . :::
The center allows detainee
from 8 a.m. to 10 p.m. daily.
The .l.
handbook clearly details the
center's .1 . •1.
access policy.

.":'

peutme,es in administrative detention and protective custody are
the same telephone privileges as those in general

~

o

When detainee phone calls are monitored, notification is posted by
detainee telephones that phone calls made by the detainees may be
monitored. Special Access calls are not monitored.
~ ACCEPTABLE

o DEFICIENT

0

o
OAT-RISK

The center monitors all detainee telephone
calls. Notification that calls will be monitor
is posted. Special access calls are not
monitored.

o REPEAT FINDING

REMARKS:

The facility telephone policy

regarding Detainee Telephone Access.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 29 of73

The visitation hours tailored to the detainee population and the
demand for visitation~
The visitation ~.h"l'fll1.. and rules are available to the public.

o

The hours for all categories ofvisitation are posted in the visitation
waiting area
A written copy of the rules regulating visitation and the hours of
visitation is available to visitors.

o o
o o

A general visitation log is maintained.

D

The detainees are permitted to retain personal property items
specified in the standard.

D

o
o o

o
D o

A visitor dress code is available to the public.
Visitors are searched and identified according to standard
requirements.
Iby .!.
is r.om!,liec{ with.
The requirement on
At facilities where there is no provision for visits by minors, ICE
arranges for visits by children and stePchildren, on request, within
the first 30 days.
~rthat time, on request, ICE considers a transier, when possible,
•
a facility that will allow minor visitation. At a minimum, monthly
visits are allowed.
De"tain:ees in special housing are .=- -' visitation.
Legal visitation is available seven (7) days a week, including
holidays.
On regular business days legal visitation hours are provide for a
minimum of eight (8) hours per day, and a minimum offuur hours
per day on weekends and holidays.
On regular business days, detainees are given the option of
continuing a meeting with a legal representative through a
scheduled meal.
Private consultation rooms are available for attorney meetings.
There is a mechanism for the detainee and hislher representative to
.1.
documents.
_•.
There are written p!v"I;;d-w~cVVI;;Hllll~ detainee
When strip searches are required after every contact visit with a
legal representative, the facility provides an option for non-contact
visits with lega1,,,,pl=l;;uuuJ.v~.
Prior to each visit, legal service providers and assistants are
identified per the standard.
The current list of pro bono legal organizations is posted in the
detainee housing areas and other appropriate areas.
~e. (

to permit or deny a tour is not delegated below the

~ ofField Office Director.

o

D

The center posts the hours of visitation for all
detainees in the visitation area.

The center has a computer based system
which logs all visits.

The center has a defined dress code that is
available ~ detainees and visitors.

o

o
D

o

D

0

~

~

0

~

D
0

~

0

0

~

D

0

.

~

D

0

~

D

[J

~

0

0

~

D

D

~

0

0

~

0

0

The center allows minor visits.

The center allows minors to visit.

0
The center accommodates all requests fur
legal visits.

Detainees are allowed non-contact legal visits.
Strip searches do not occur.

The center posts a current list of pro bono
legal organizations, as required.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 30 of73

Law enforcement officials who request to visit with a detainee are
referred to the rCE Field Office for approval.

~

0

0

Fonner detainees or aliens in proceedings, requesting to visit with a
detainee, are referred to the orc or ICE Field Office.

~

0

0

Procedures are in place, consistent with the detention standard, for
examinations by independent medical service providers and experts.

~

0

0

~ ACCEPTABLE

0

DEFICIENT

D

AT-RISK

The center has a written policy which allows
these
of visits.

o

REPEAT FINDING

REMARKS:

The center is comprehensively in posts and provides infonnation on its website regarding visitation. AdditionaJIy, information is contained
in the detainee handbook and policy regarding the rules and expectations associated with the visitation process .

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 31 of73

Does the facility have a
• Do ICE detainees
Detainee housekeeping meets neatness and cleanliness standards.

All detainee housing units were
well
and
Inside the perimeter, detainees
are provided cleaning supplies
and participate in cleaning details
under the supervision of security
staff.

I2l

0

0

I2l

0

0

Written procedures govern selection of detainees for the Voluntary W<irk

I2l

0

0

Where possible, physically and mentally challenged detainees participate in
the
The facility, complies with work-hour requirements fur detainees, not
exceeding:

I2l

0

0

I2l

0

0

in accordance with written procedure, ensures that detainee volunteers
their responsibilities as workers befure they join the work

o

o

The voluntary work program meets:
•
NFP ACA standards
Medical staff screen and furmally certifY detainee fuod service volunteers.
• Before the assignment begins; and
• As a matter of written procedure

o

o

Detainees have the opportunity to participate in special details, however,
are never allowed to work outside the secure perimeter.

ndt~rstand

o

I2l ACCEPTABLE

o DEFICIENT

OAT-RISK

o

Written policy and actual practice
confirmed health care staff
reviews the health status of all
detainees prior to placement on a
voluntary work assignment All
detainees receive a complete
physical, inc1udinga chest X-ray
within 14 days of admission
which expedites the review

o REPEAT FINDING

REMARKS:

During the inspection, a tour of the center noted numerous detainees performing a variety ofjob functions. All detainees were wearing
temperature appropriate clothing. Several outdoor crews were sweeping the red dust and sand which continuously blows through the
fences and accumulates on the
facility.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 32 of73

•

SECTION II

HEALTH SERVICES STANDARDS

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 33 of73 .

When a detainee has refused food for 72 hours, it is standard practice for
staff to refer himlher to the medical department

o

o

o

o

o

o

o

o

CDFs and IGSAs immediately report a hunger strike to the ICE.

The facility has established procedures to ensure staff respond immediately
to a hunger strike.
Policy and procedure require that staff isolate a hunger-striking I1pt,.,n,·,.
from other detainees.
•
in an observation room?
Medical personnel are authorized to place a detainee in the Special
Management Unit or a locked hospital room.

All hunger strikers are referred to the
medical staff.
The Warden is notified by medical
staff of hunger strikers. He infonns
ICE of the hunger strike immediately
or
the
The center has a Hunger Strike
protocol requiring immediate
strikes.
Hunger strikers are placed in medical
segregation..

The OlC of the facility obtains a hunger strikers consent before medical
treatment.

o o
o o

A signed Refusal of Treatment form is required of every detainee who
medical evaluation or treatment.

o o

During a hunger strike, staff document and provide the hunger-striking
detainee three meals a day.

o o

Staff maintains the hunger strikers supply of drinking water/other
beverages.

o o

During a hunger strike, staffremoves all food items from the hunger strikers
living area.

o o

All detainees that are on a hunger
strike are placed in a medical isolation
room on the health care unit which is a
room.
locked
Detainees are screened daily and
weight and vital signs are recorded.
Consents for treatment are obtained
during intake and before any unusual
services.
Refusal of Treatment fonns are
signed, witnessed, and placed in the
medical records.
Three meals are provided per day.
Any consumption is noted in the
medical records.
Drinking water is available in every
cell and drinks are provided during
meals.
All food items are removed from the
cell ofa hunger striker per policy.

Staff is directed to record the hunger strikers fluid intake and food
consumption; Does staff always use Hunger Strike Monitoring Form 1-839
or similar !GSA form.

o o

The center utilizes the 1-839 form to
record food consumption.

o
o

The Hunger Strike Protocol covers
this standard.
The staff documents all treatment
attempts in the medical record.
Staff is required to read and sign off
on all ICE hunger strike protocols.
Further, training is provided during
the
staff

Medical staff records the weight and vital signs of a hunger-striking
detainee at least once every 24 hours.

The medical staffhas written procedures for treating hunger strikers.

o o

Staff documents all treatment attempts, including attempts to persuade
hunger striker of medical risks.

o
o

Staffhas received training in identification ofhunger strikes. Medical staff
receives early trainlng in hunger-strike evaluation and treatment. Staff
remains current in evaluation and treatment techniques.

o o

~ ACCEPTABLE

o DEFICIENT

OAT-RISK

o REPEAT FINDING

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 34 of73

.

REMARKS: .

The center had one hunger strike during the last calendar year. A review of that file indicated the center has followed all of the policies and
procedures for hunger strikers. Hunger
a medical isolation room in the health care unit.

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 35 of73

J.: "".:.'

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,.'.,~CcESST9MEDICALCARE
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POLI~.Y: E~Y FACIl.IJ.\t WILL ES'fABLlSH AND MAlN1,':.AlN AN ACCRm>lTWACCtU:!D!tATION-WOltTHY HRALlJ{ P'R.Q~RAM FOR;THE

•

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IL<S~:+;;;.i:;:·:··

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C'.: ...•..•. ;; .

Facilities operate a health care fucility in compliance with state and
local laws and guidelines.

~

The facility's in-processing procedures for arriving detainees
include medical screening.
All detainees have acceSs to and receive medical care.

The fucility has access to a PHS/DIHS Managed Health Care
Coordinator.

...;0";;;,;.

D

D

D

D

o

D

D

D

D

D

D

D

D

The health care unit is located within the
secure perimeter.

D

D

D

D

D

D

Detainees are placed in the holding room
until they are seen by the medical staff.
The detainees are under constant
observation by correctional staff.
The holding cell contains a drinking
fountain and bathroom.

D

D

Medical records are kept in a secure area
withiit the health care unit.

D

The pharmacy is located behind a locked
door. Controlled medications are kept
behind a second locked door. A locked
cart is utilized to distribute medication.

The facility has sufficient space and equipment to afford detainee
privacy when receiving health care.

The medical facility has its own restricted-access area. The
restricted access area is located within the confines of the secure
perimeter.
The medical facility entrance includes a holding/waiting room.
The medical facility's holding/waiting room is under the direct
supervision of custodial staff.
Detainees in the holding/waiting room have access to a drinking
fountain.
Medical records are kept apart from other files. They are:
• Secured in a locked area within the medical unit;
• With physical access restricted to authorized medical
staff; and
• Procedurally, no copies made and placed in detainee
files.
Pharmaceuticals are stored in a secure area.

~
~

[8]

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[8]

~

D

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 36 of 73

......,..

All staff are licensed by the State ofNew
Mexico and has reciprocity in the State
of Texas.
Initial medical screenings are completed
by licensed Vocational Nurses.
All detainees have access to sick call
slips in the housing units. The slips are
collected daily, and the detainees are
scheduled for a medical evaluation
within 24 hours of the request.
Emergency medical requests are seen
immediately.
The local AFOD handles all medical
transfer requests. His office is located
within the center.
Besides a physician, the center has a
physician assistant, six Registered
Nurses (RNs), twelve licensed
Vocational Nurses (LVNs), four
Certified Nursing Assistants (CNAs), a
licensed professional counselor, a
psychologist, an on call psychiatrist, and
a pharmacy manager.
The center health care unit includes four
exam rooms, an emergency care room,
six positive flow rooms, two suicide
cells, a single cell observation room, and
a two person observation room.

D

The medical staff is large enough to provide, examine, and treat
the facility's detainee population.

•

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. . . " " ' , . , ...... ·•••

". . . . .,:iYES.NQ' ,.' NA J§l;:FR2~f/ . ·.:)i?'~:0lt

•

Medical screening includes a Tuberculosis (TB) test.
• Every arriving detainee receives a TB test during the
admission process;
• Detainee's TB-screening does not occur more than one
business day after his/her arrival at the facility; and
• Detainees not screened are housed separate from the
general population.
All detainees receive a mental-health screening upon arrival. It is
conducted:
• Bya health care provider or specially trained officer; and
unit.
to a
• Before a detainee's
The facility health care provider promptly reviews all I -794s (or
equivalent) to identify detainees needing medical attention.

181

D

0

181

0

0

~

D

0

The health care provider physically examines/assesses arriving
detainees within 14 days of admission/arrival at the facility.

Detainees in the Special Management Unit have access to health
care services.
Staff provides detainees with health services (sick call) request
slips daily, upon request.
• Request slips are available in languages other than
English, including every language spoken by a sizeable
number of the fucility's detainee popUlation.
• Service-request slips are delivered in a timelyfushion to
the health care
The facility has a written plan for the delivery of 24-hour
emergency health care when no medical personnel are on duty at
the facility, or when immediate outside medical attention is
required.

~

D

0

181

D

0

~

0

0

~

0

D

~

0

0

The plan includes a list oftelephone numbers for local ambulance
and hospital services.

181

0

0

The plan includes procedures for fucility staff to utilize this
emergency health care consistent with security and safety.

~

0

0

The plan includes an on-call provider.

Detention staffis trained to respond to health-related emergencies
within a 4-minute response time.

~

0

0

Upon arrival, all detainees receive a
chest x-ray. They are kept in the holding
room until the results ofthe x-ray are
obtained which is usually less than four
hours. Ifthe x-ray is positive, the
detainee is placed in a positive flow
room until sputum samples can be
obtained and tested.
A Licensed Vocational Nurse conducts
the initial mental health screening at the
same time ¢.e medical screenmg is
obtained.
The medical screenings are reviewed by
the medical doctor, usually within two
The physical is completed by a
Registered Nurse when the detainee
arrives at the center. Both the physical
and the initial medical screening are
reviewed by the physician during his
next visit the
Health care staffvisits the SMU every
day and will screen any detainee placed
there.

Sick call slips in English and Spanish are
available in all housing units, including
theSMUs.

The Emergency Plan addresses this
requirement. There is medical staff
available 24 hours a day, seven days a
week. All staff is trained in CPR, first
aid, and in the use of the Automated
External Defibrillator.
In case of an emergency, the detainee is
transported and the on;.call physician is
informed after-tile-fact. When the case is
less defined, the medical staff contacts
the
for a recommendation.
The emergency telephone numbers are
posted in the health care unit and in
control.
medical staff and the security staff
share responsibility for addressing any
Two men down drills and a mass
casualty drill were conducted during the
last year. Response times were under
four minutes.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 37 of73

... '.

.

•

ACC~S TO

MEDICAL CARE:: .
:~. :,

'.

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. :~!:tr=~~J~!:~~'~;r~:.~0~~~ITt~S~~TI~;~~*~k~thra6GftAMF<?~nw
Where staffis used to distribute medication, a health care provider
properly trains these officers.

D

The medical unit keeps written records of medication that is
distributed
The Form 1-819 (or IGSA equivalent) is used to notifY the
WardenlFacility ofa detainee that has special medical needs.

IZI

A signed and dated consent form is obtained from a detainee
before medical treatment is administered.

Detainees use the 1-813 (or IGSA equivalent) to authorize the
release of confidential medical records to outside sources.
The facility health care provider is given advance notice prior to
the release, transfer, or removal of a detainee.
Detainee's medical records or a copy thereof, are available and
transferred with the detainee.

•

.....
.....
..

;.. ,,;.: :
"." ;.: ; .....

D

~

o

D

o o
o

o

IZI

D

o

IZI

o

o

o
Medical records are placed in a sealed envelope or other container
labeled with the detainee's name and A-number and marked
"MEDICAL CONFIDENTIAL".
~ ACCEPTABLE

o DEFICIENT

D
OAT-RISK

Only health care staff administers
medication. A morning medication pass
was observed
The Medication Sheet & Administration
Record is utilized to record this
information.
The Physician's Network Association has
developed a form to notifY the facility of
any special needs detainees.
A signed consent is obtained during
intake. Consent is assumed for most
general procedures, excluding
specialized medical treatment or mental
health treatment
A release of information is obtained
prior to releasing any medical
information.
ICE notifies the center of impending
transfers.
Most detainees are returned to their
country of origin. A medical summary is
sent with thelli. Detainees that are
transferred do not have their medical
records with them. The records are sent
when the receiving institution requests
the information. The center's health care
administrator indicated the procedure is
being changed, and records will be sent
with all <!9>arting detainees.
When records are sent, they are placed in
a sealed envelope and marked
appropriately.

D REPEAT FINDING

REMARKS:

The health care unit at the center is large and fully staffed with RN's and LVN's, who provide the primary medical care. Supervision of
treatment is by a: licensed physician and physician's assistant, who provide more specialized care. Psychiatry, dental, and on-site mental
health services are available.
Upon rival at the center, detainees are given a chest x-ray which is read within four hours. If the x-ray is positive, the detainee is housed
in a positive flow room within the health care unit until a definitive diagnosis is made. While the detainee is waiting for the results of the xray, they receive a medical and mental health screening from a Licensed Vocational Nurse and a physical from a Registered Nurse with 14
days.
Thirty-five charts were reviewed and found to have appropriate documentation. Chest x-rays, intake screenings, and physicals were
completed in compliance with the NDS. Medical grievances were reviewed, and no findings of significance were noted.
b6,b7c

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 38 of73

Every new staff member receives suicide-prevention training. Suicideprevention training occurs during the employee orientation program.

o
Training prepares staff to:
• Recognize potentially suicidal behavior;
• Refer potentially suicidal detainees, following facility procedures;
and
• Understand and
A health-care provider or specially trained officer screens all detafuees for
suicide potential as part of the admission process.
• Screening does not occur later than one working day after the
detainee's arrival.
'
Written procedures cover when and how to refer at-risk detainees to medical
staff and procedures are followed.
The facility has a designated isolation room for evaluation and treatment.

The designated isolation room does not contain any structures or smaller
that could be used in a suicide attempt.

Staffobserves and documents the status ofa suicide-watch detainee at least
once every 15 minutes.

o DEFICIENT

D

Staff seems to be aware of the causes
of suicidal behavior and the
procedures for referring detainees for
appropriate follow-up.
'A Licensed Vocational Nurse

D

o

D

o

o

D

o

o

o o

Medical staff has approved the room for this purpose.

rgJ ACCEPTABLE

D

D

All new staff is provided two hours of
suicide prevention training during preservice training. During annual
training, one hour of suicide
prevention training is provided to all
staff.

o

OAT-RISK

o

completes all mental health screenings
upon arrival of the detainee. Any
needing follow-up are referred to the
mental health staff.
The health care procedure manual
specifies the appropriate steps to be
taken for at-risk detainees.
Two rooms within the health care unit
have been designated for detainees
on mental health watches.
One of the isolation rooms is
completely devoid of external
structures. The other has been
modified to reduce the chance ofa
successful suicide.
Medical staffhave inspected and
both rooms.
Detainees on suicide watch are under
constant supervision by an officer
stationed outside of their room. A 15
minute log is maintained and signed
the officer.

o

REPEAT FINDING

REMARKS:

A review of three charts of recent suicide watches indicates the center is following appropriate procedures. The watch rooms are relatively
free of any objects which would assist a suicide attempt. Suicide smocks are issued for detainees on watch.
b6,67e

I"phD.

/ March 11. 2011

AUDITOR'S SIGNATURE / DATE

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 39 of73

Detainees who are chronically or tenninally ill are transferred to an appropriate oflSite
medical facility.
The fucility or appropriate ICE office promptly notifies the next of kin of the
detainee's medical condition, to include:
• The detainee's location; and
• The limitations placed on visiting.
There are guidelines addressing the State Advanced Directive Form for Implementing
Living Wills and Advanced Directives.
• The guidelines include instructions for detainees who wish to have a living
will other than the generic form the DlliS provides or who wishes to appoint
another to make advance decisions for him or her.
The guidelines provide the detainee the opportunity to have a private attomeyprepare
the documents.

IZI
IZI

D
D

D

Any terminally ill detainee is
transrerred to a more

D

Once ICE has been notified
they assume the
responsibility of notifYing the
next of kin about the
detainee's status.
There are specific guidelines
for Advanced Directives
based on New Mexico State
statute.

rgJ

D

D

rgJ

D

D

Detainees are advised they
have the right to a private

IZI

D

D

The facility policy, Care for
TenninallyTIl, covers this

Detainees with a "Do Not Resuscitate" order in the medical record receive maximal
efforts short of resuscitation?
The facility notifies the DillS Medical Director and Headquarters' Legal Counsel of
the name and basic circumstances of any detainee with a "Do Not Resuscitate" order
in the medical record. In the case ofIGSAs, this notification is made through the local
ICE
The fucility has written procedures to address the issues of organ donation by
detainees.

IZI

D

D

The facility has written procedures to notify ICE officials, deceased fumilymembers
when a detainee dies while in Service.
and
the death of a detainee while in
The facility has a policy and procedure to

There is a policy addressing 'Do Not Resuscitate Orders"

At alI ICE locations the detainee's remains disposed of in accordance with the
provisions detailed in this standard.

IZI

D

D

rgJ

D

D

IZI

D

D

IZI

D

D

IZI

D

D

In the event that neither fumilynor conSUlate claims the remains, the Field Office

schedules an indigent's burial, consistent with local procedures.
• If the detainee's is a U.S. military veteran, is the Department of Veterans
Affairs notified?
An original or certified copy ofa detainee's death certificate is placed in the subject's
a-file.

efforts
This is completed by the
AFOD assigned at this
center.
The facility policy, Care for
Terminally ill, addresses this
The facility policy, Inmate
addresses this issue.
This is covered in the Inmate
Death
Detainee's remains are
disposed of in accordance
with this

IZI

D

D

This component is
completed by local ICE
officers housed at the center.

~

D

0

Local ICE officers will place
the detainee death certificate
in the detainee's A-file.

t
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 40 of73

The facility follows established policy and procedures describing when to contact the
iocal coroner regarding such issues as:
• Perfonnance of an autopsy;
• Who will perfonn the autopsy;
• Obtaining state approved death certificates; and
• Local
of the
ICE staff follows established procedures to properly close the case of a deceased
detainee.

~ ACCEPTABLE

o

DEFICIENT

OAT-RISK

o o

The health care. administrator
would contact the warden,
who would then notifY ICE.
The warden would request
that an autopsy be

o o

There have been no detainee
deaths during the last year.
There are policies in place
describing the appropriate

o REPEAT FINDING

REMARKS:

There have been no detainee deaths in the last year. There are fonnalized policies in place describing what actions should occur. The
health care administrator has developed an infonnal tool, the Death Checklist, that details the actions that should occur in the event of a
(1pt,,,nF"P death.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 41 of73

•
SECTION III

SECURITY AND CONTROL STANDARDS

•

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page42of73

that is government
retained as evidence for potential
action or criminal
Staff returns property not needed as evidence to the proper authority.
Written procedures cover the return of such property.
Altered

is. destroyed following documentation and using

Before confiscating religious items, the OIC or designated investigator
contacts a religious authority.

StafffoIIows written procedures when destroying hard contraband that is
iIIega!.

o

o

o

o

o
o

o
o

o

o

o

o

The center has a written
procedure for the handling of
illegal contraband which
addresses the requirements of
this

The cen~r has a full-time
Chaplain that is consulted prior
to any religious item being
confiscated.

Hard contraband that is illegal (under criminal statutes) may be retained and
used for official use, e.g. training purposes.
If yes, under specific circumstances and using specified written
proCedures. Hard contraband is secured when not in use.

[8l ACCEPTABLE

o

DEFICIENT

o

The center has a written
procedure which allows hard
contraband to be retained for
training purposes. Hard
contraband is secured after use
the center.

D

OAT-RISK

o

REPEAT FINDING

REMARKS:

The center has written policy and procedures which complies with the NDS regarding Contraband.

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 43 of73

A detention file is created for every new arrival whose stay will exceed
24 hours.

or copies of
The detainee detention file contains either
documentation and forms
the
The detainee's detention file also contains documents generated during
the detainee's custody.
• Special· requests
• AnyG-589s andlor 1-77s closed-out during the detainee's stay
• Disciplinary forms/Segregation forms
and the
of same
•
The detention files are located and maintained in a secure area. Ifnot,
the cabinets are lockable and distribution of the keys is limited to
supervisors.

The detention file remains active during the detainee's stay. When the
detainee is released from the facility, staff adds copies of completed
release documents, the original closed-out receipts for property and
and other documentation.
1-385 or
the
officer closing the detention file makes a notation that the file is
complete and ready to be archived.

Staff makes copies and sends documents from the file when properly
requested by superyisory personnel at the receiving facility or office.
Appropriate staff has access to the detention files, and other
departmental requests are accommodated by making a request for the
file. Each file is properly logged out and in by a representative of the

The ICE sub-office provides detainee
criminal histories to the center prior to
the detainees being transferred there.
This allows files to be created
simultaneously with the detainee's
arrival.

~

0

0

~

0

0

~

0

0

The center maintains detention files
containing all the required components.

The facility has a classification office
where all detention files are maintained.
The cabinets are locked and access to the
key is limited to staff assigned to this
room.

~

0

0

~

0

0

~

0

0

~

0

0

12I

0

0

The center reviews all files for required
material. If required materials are
contained, the files are marked for
closure.

Detention files are not allowed to be
taken from the classification office. Staff
may access the files by coming to the
classification office.

REMARKS:

The center has a dedicated classification office where files are kept that is supervised, controlled, and stafred 24 hours a day.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 44 of73

The fucility has a written disciplinary system using progressive levels of
reviews and appeals.

The fucility rules state that disciplinary action shall not be capricious or
Written rules prohibit staff from imposing or permitting the following
sanctions:
• corporalpunishnrrent
• deviations from normal food service
clothing deprivation
bedding deprivation
denial ofpersonal hygiene items
loss of correspondence privileges
exercise
of conduct, sanctions, and
communicated to all
and in
The following items are conspicuously posted in Spanish and English, and
other dominate languages used in the facility:
Righ~ and Responsibilities
Prohibited
Acts
•
Disciplinary Severity Scale
Sanctions
minor rule violations or prohibited acts occur, informal resolutions

•

•

~

0

0

~

0

0

~

0

0

~

0

0

The center has a written policy
which provides progressive
levels of reviews and

The center has written rules
which prohibit the sanctions
listed in this component.

•
•

•

~

0

0

~

0

0

~

0

0

•
•

Notice of Charges are promptly furwarded to the
Incident reports are investigated within 24 hours of the incident. The Unit
Disciplinary Committee (UDC) or equivalent does not convene before an
ends.
A disciplinary panel (or equivalent in IGSAs) adjudicates infractions. The
panel:
Conducts hearings on all charges and allegations referred by the
UDC;
• Considers written reports, statements, physical evidence, and oral
testimony;
Hears
pleadings by detainees and staff representatives;
•
Bases
its findings on the preponderance of evidence; and
•
authorized sanctions
•
is available if requested for a detainee facing a

121

0

0

~

0

0

121

0

0

~

0

0

The center provides this
information in English and
Spanish during the orientation
video. It is also included in the
detainee handbook, and posted
in the
units.

All incident reports are
investigated within the 24 hour

•

The facility permits hearing postponements or continuances when
conditions warrant such a continuance. Reasons are documented.
The duration of punishment set by the Ole, as recommended by the
disciplinary panel, does not exceed established sanctions. The maximum
time in disciplinary segregation is limited to 60 days for a single offense.

I2l

0

0

procedures govern the handling of confidential-informant
Standards include criteria for recognizing "substantial

~

0

0

Staff representation is available,

The maximum time a detainee
may be placed fu segregation for
a single offense does not exceed
60
occurrence.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 45 of73

fonns relevant to the incident, investigation, committee/panel reports,
etc., are completed and distributed as required.

~ ACCEPTABLE

o

DEFICIENT

IZI

o

o

OAT-RISK

Use of appropriate forms is well
described in the center's policy
manual. Staff complete and
distribute

D REPEAT FINDING

REMARKS:
~~~m(mts

ofNDS regarding Disciplinary Policy.

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page46of73

:;:> >,:~':
>''''i;L
r.l",::5:h",\'i
'-::'
Policy precludes detainees or detainee groups from exercising control or
authority over other detainees.

ViESJ:}No [,XN'A
~

Detainees are protected from:
• Personal abuse
• Corporal punisIunent
• Personal injury
• Disease
• Property damage
• Harassment from other detainees
Staff is trained to identifY signs of detainee unrest.
• What type of training and how often?
Staff effectively disseminates information on :facility climate, detainee
attitudes, and moods to the Officer In Charge (OIC)

There is a designated person or persons responsible for emergencyplans and
their implementation. Sufficient time is allotted to the person or group for
dt;v'-'
and -,
ofthe plans.
The plans address the following issues:
• Confidentiality
• Accountability (copies and storage locations)
• Annual review procedures and schedule
• Revisions
COlutirlgelncy' plans include a comprehensive general section with procedures
l'Innll~l'Ihlp. to most
situations.
The facility has cooperative contingency plans with applicable:
• Local law enforcement agencies
• State agencies
• Federal
All staff receives copies of Hostage Situation Management policy and
~,~.

Staffis trained to disregard instructions from hostages, regardless of rank.
Within 24 hours after release, hostages are screened for medical and
p,;~~1. _1
'1.1 effects.
Emergency plans include emergency medical treatment for staff and
detainees during and after an incident.
Food service maintains at least 3 days' worth of emergency meals for staff
and detainees.
Written plans identifY locations ofshut-offvalves and switches for all utilities
(w!lter, gas, electric).

~

,::y"
rAiiK~r:
i /
The center has written policy
' p r o h i b i t i n g this.

0

0

o

o

o

o

o

o

o

o

o

o

0

0

~

0

0

~

0

0

~

0

0

~

0

0

~

0

0

~

0

0

Staff receives training on how to
recognize signs of unrest during
P'"-''''' ..,," and annual traini",,,,
Center staff and staff from the
ICE sub-office work
cooperatively to accomplish
this.
Policy provides that the Warden
is responsible for implementing
'pl~ns.

The center has cooperative plans
in place with all agencies
referenced in this

The center's food service
operation maintains a thirty day
supply offood

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page4? of?3

Written procedures cover:
• Work/Food Strike
• Disturbances
• Escapes
• Bomb Threats
• Adverse Weather
• Internal Searches
• Facility Evacuation
• Detainee Transportation System Plan

•

•

o

0

The center has a detailed written
procedure in place to address all
the required components.

InternalIlos~es

Civil Disturbances

[gI ACCEPTABLE

o DEFICIENT

OAT-RISK

o

REPEAT FINDING

REMARKS:

The center has a comprehensive

with the NDS regarding Emergency Plans.

b6,b7c

AUDITOR'S

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 48 of73

The fucility has a system for storing, issuing, and maintaining inventories of
hazardous materials.

o
D

o

D

o

D

o

Protective eye wear and gloves
were available. Hazardous spills
are reported as required.

o

o

During the inspection, MSDS
sheets were observed in
numerous areas of the center, and
were readily accessible to staff
and

o

D

o

D

D

o
o

Constant inventories are maintained for all flammable, toxic, and caustic
substances used/stored in each section of the fucility.

The manufacturer's Material Safety Data Sheet (MSDS) file is up-to-date
for every hazardous substance used.
• The files list all storage areas, and include a plant diagram and
legend.
• The MSDSs and other information in the files are available to
personnel managing the fucility's safety program.
All personnel using flammable, toxic, and/or caustic substances follow the
prescribed procedures. They:
• Wear personal protective equipment; and
•
hazards and
to the
official.
The MSDSs are readiJy accessible to staff and detainees in work areas.

Hazardous materials are always issued under proper supervision.
• Quantities are limi~; and
• Staff
detainees
these substances.
All "flammable" and "combustlble" materials (liquid and aerosol) are stored
and used according to label recommendations.
Lighting fixtures and electrical equipment installed in storage rooms and
other hazardous areas meet National Electrical Code
fucility has sufficient ventilation, and provides and ensures clean air
all
Vents return vents, and air
ducts are not blocked or obstructed
in cells or
in the
Living units are maintained at appropriate temperatures in accordance with
industry standards. (68 to 74 degrees in the winter and 72 to 78 degrees in
the summer
Shower and sink water temperatures do not exceed the industry standard of
120
All toxic and caustic materials are stored in their original containers in a
secure area
Excess flammables, combustibles, and toxic liquids are disposed of
properly and in accordance with MSDSs.

Flammable, toxic, and caustic
materials are stored outside the
center.
Inventories are maintained of
materials used within the center.
It is noted that all cleaning fluids
used within the center are at or
near neutral levels.
At the time of the inspection, the
MSDS sheets were up-to-date.
The sheets were available in all
areas of the center for staff
review. A physical plant diagram
was available.

o

o
o
o
o
o
o

D

No flammable or combustible
materials were found in any
area of the center.

Vents are maintained as

o
o
D
All flammables, combustibles,
and toxics are stored outside the
secure perimeter. The center has
a contract for disposal of these

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 49 of73

Staff directly supervise and account for products with methyl alcohol. Staff
receives a list ofproducts containing diluted methyl alcohol, e.g., shoe dye.
All such products are clearly labeled.. "Accountability" includes issuing
to detainees in the smallest workable
such
Every employee and detainee using flammable, toxic, or caustic materials
receives advance
in their
and
The facility complies with the most current edition of applicable codes,
standards, and regulations of the National Fire Protection Association and
the Occupational Safety and Health Administration (OSHA).

D

D

~

Methyl alcohol products are not
used at the center.

~

D

D

~

D

D

D

D

Safety training is included in the
curriculum.
The center was inspected and
evaluated by the Otero County
Office of Emergency Services.
The original inspection was
conducted on August 8, 2008.
This inspection determined that
emergency exits satisfied the
requirements based upon the
maximum occupancy authorized
for the areas.
The risk management officer has
received OSHA training and is
certified. He conducts routine
fire and

A technically qualified officer conducts the fire and safety inspections.

plan requires:
Monthly fire inspections;
• Fire protection equipment strategically located throughout the
facility;
• Public posting of emergency plans with accessible building/room
floor plans;
• Exit signs and directional arrows; and
• An· area-specific exit diagram conspicuously posted in the

D

D

D

D

D

D

D

D

o

D

o

D

Inspections are conducted
weekly. The specific
requirements of this component·
were being met at the time of the
inspection.

area.

Fire drills are conducted and documented monthly.

A sanitation program covers barbering operations.

Written procedures regulate the handling and disposal ofused needles and
other
All items representing potential safety or security risks are inventoried and a
individual checks this
Standard cleaning practices include:
• Using specified equipment; cleansers; disinfectants and
detergents.
•
An established schedule of
facility follows standard cleaning procedures.

Two fire drills are conducted
each month and documented as

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 50 of73

Spill kits are readily available.

D

D

A licensed medical waste contractor disposes of infectiouslbio-hazardous
waste;
Staff is trained to prevent contact with blood and other body fluids and
written
are followed.
Do the methods for handling/disposing of refuse meet all regulatory
requirements?

D

D

D

D

A licensediCertifiedffrained pest-control professional inspects for rodents,
insects, and vermin.
• At least monthly.
• The pest-control program includes preventative spraying for
insects.
Drinking water and wastewater is routinely tested according to a fixed
schedule.

Emergency power generators are tested at least every two weeks.
• Other emergency systems and equipment receive testing at least
quarterly.
• Testing is followed-up with timely corrective actions (repairs and
~ ACCEPTABLE

DDEFICIENT

D AT-RISK

D

D

D

D

D

D

Handling and disposal of refuse
is conducted by El Paso Disposal
Company which is certified by
the New Mexico Environmental
Protection

D

D

The water was last certified on
July 9, 2009. An annual
inspection is required by center
Generator testing is conducted
weekly. Corrective action is
implemented by the center to
repair any emergency equipment.

D REPEAT FINDING

REMARKS:

The center demonstrates a concerted effort to conduct mternal and external inspections of all operations which impact the safety of
employees and detainees. At the time of the inspection, cleanliness was noted in all areas of the center. The center meets or exceeds the
requirements of the NDS regarding Environmental Health and Safety.

AUDITOR'S .... u

... . r...

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Page 51 of73

o

Detainees under the age of 18 are not held with adult detainees.

D

o

D

D

Detainees are provided with basic personal hygiene items such as water,
soap, toilet paper, cups for water, feminine hygiene items, diapers and

In older facilities, officers are within visual or audible range to allow
basis.
detainees access to toilet mcilities on a
All detainees are given a pat down search for weapons or contraband
in the room.
before
Officers closely supervise the detention hold rooms using direct
supervision (Irregular visual monitoring.).
•
Hold rooms are irregularly monitored every 15 minutes.
•
Unusual behavior or
are noted.
When the last detainee has been removed from the hold room, it is given a

o

No female detainees are held at
this center.
No detainees under age of 18 are
held at this center.

D

o

o

o

D

D

D

D

o

D

There is a written evacuation plan that includes a designated officer to
remove detainees from hold rooms in case of fire and/or building
evacuation.

o

D

emergency service is called immediately upon a
a medical
exist

o

D

~ ACCEPTABLE

0

DEFICIENT

OAT-RISK

Observation during the
inspection found the center
meets the requirements of this

All checks are documented on
check sheets at each individual
holding cell.

Policy indicates that booking staff
are responsible for detainees in
holdiIig cells during emergency
situations.

D REPEAT FINDING

REMARKS:
The hold rooms at the center are
items.

properly supervised. Detainees are provided with all required services and hygiene

56,1)70

AUDITOR'S

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Page 52 of73

The security officer[s], or equivalent in IGSAs, has attended an approved
locksmith training program.

D
The security officer, or equivalent in IGSAs, has responsibly for all
administrative duties and .
locks etc.
The security officer, or equivalent in IGSAs, provides tmining to employees
control.
in
The security officer, or equivalent in IGSAs, maintains inventories of all
keys, locks and locking devices.

0

~

0

0

~

0

0

~

0

0

~

0

0

Facility policies and procedures address the issue of compromised keys
and locks.
The security officer, or equivalent in IGSAs, develops policy and
procedures to ensure safe combinations integrity.

~

D

0

~

0

0

Only authorized locks (as specified in the Detention Standard) are used in
accessible areas.
master keying systems are prohibited.

~

0

0

~

0

0

f2l

0

0

~

0

D

~

D

0

The security officer follows a preventive maintenance program and
maintainS all preventive maintenance documentation.

All worn or discarded keys and locks are cut up and properly disposed of

The entrance/exit door locks to detainee living quarters, or areas with an
. occupant load of 50 or more people, conform to:
• Occupational Safety and Environmental Health Manual, Ch. 3;
• National Fire Protection Association Life Safety Code 101.
The operational keyboard is sufficient to accommodate all the facility key
and is located in a secure area.
Procedures are in place to ensure that key rings are:
• Identifiable;
• The numbers of keys are cited; and
•
cannot be removed.
Emergency keys are available for all areas of the facility.

~

The officer assigned has been
scheduled to attend an approved
locksmith training program. At
the time of the inspection, he had
not attended the training

Documentation provided
indicated there is an active
maintenance

The center has policy in place to
ensure integrity of safe
combinations.

The center does not issue grand
master
Procedures fur discarding or
replacing broken or worn keys
are well defined in center

D

0

Keys within the center meet the
requirements of this
component.

o

o

b2HIgh

-~

Individual gun lockers are provided.
• They are located in an area that permits constant officer
observation.
• In an area that does not allow detainee or
access.

D

-

o

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 53 of73

--

-

The facility has a key accountability policy and procedures to ensure key
accountability. The keys are physically counted daily.
All staff members are trained and held responsible for adhering to proper
procedures for the handling of keys.
• Issued keys are returned immediately in the event an employee
inadvertently carries a key ring home.
• When a key or key ring is lost. misplaced, or not accounted for,
the shift supervisor is immediately notified.
• Detainees are not
to handle
to staff.

[8J ACCEPTABLE

D DEFICIENT

D

[8J

AT-RISK

o

o

The center accounts for all keys
daily.

o

o

Key control is covered with all
staff during annual training.

o REPEAT FINDING

REMARKS:

The center has good key control and accountability policies and practices in place which meet the NDS.
B6,tl7c

AUDITOR'S SIGNATURE /

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 54 of73

o

A formal count was observed
during the inspection. Counts
occur at 12 midnight, 2 a.m.,
3:30 a.m., 7 a.m., 2:45 p.m., 6:45
and 10:30

o

Activities cease or are strictly controlled while a formal count is being
conducted.
All movement ceases for the duration ofa formal count.

During count, all movement
within the center ceases.
Observation during the
inspection noted that the center to
be meets the requirements of this

Formal counts in all units take place simultaneously.

o

Written procedures cover informal and emergency counts.
They are followed during informal counts and emergencies.

control officer (or other designated pos:luon)
of all detainees Tp.1Ymn'r"r1

!8l ACCEPTABLE

o

o

The center has a written policy
and procedure to address
informal and emergency
counts.

o

an out -count

OAT-RISK

o

REPEAT FINDING

REMARKS:
The center has policy and procedures which meet the requirements ofthe NDS regarding PopUlation County. A formal count was
observed during the inspection that verified staff is knowledgeable about and adhere to proper count procedures.
ti6,ble

•

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Page 55 of73

Every fixed post bas a set of post orders.

Each Ilet contains the latest inserts (emergency memoranda, etc.) and
revisions.
One individual or department responsible for keeping all post-orders
current with revisions that take
reviews.
The IGSA maintains a complete set (central file) of post orders.

The OlC or Contract / IGSA equivalent initiates/authorizes all post-order
The OlC or Contract / IGSA equivalent has signed and dated the last page
of every section.

~

0

0

~

0

0

~

0

0

~

0

0

~

0

D

~

0

D

A review/updating/reissuing of post orders occurs regularly and at a

~

0

0

Procedures keep post orders and logbooks secure from detainees at all
times.
armed-post officer qualifies with the post weapon(s) before assuming

~

0

0

Housing-unit post officers record all detainee activity in a log. The post
order includes instructions on maintaining the logbook.

~ ACCEPTABLE

o

DEFICIENT

A review·ofthe center's Post
Order Manual and post orders
verified adherence with this

The center's Post Order Manual
was reviewed which addresses
this

A review of the center's Post
Order Manual noted the signature
of the warden on the last page of
each
order.

Center staff is qualified prior to
to an

o

OAT-RISK

o

The center maintains a log book
in all housing units which details
all detainee activities and any
services delivered

o REPEAT FINDING

REMARKS:

with the NDS regarding Post Orders.
b6,JJJJc

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 56 of73

.

..;

i)rll~Ul"" c",yl'i"'IT'VPROcEbuREs~~FOLi9WPP, ~I;itE
The facility has a comprehensive security inspection policy.
specifies:
• Posts to be inspected;
• Required inspection forms;
• Frequency of inspections;
• Guidelines for checking security features; and
• Procedures for reporting weak spots, inconsistencies, and other
areas
Every officer is required to conduct a security check of hislher assigned
area. The results are documented.
Procedures ensure that recurring problems and a failure to take corrective
to the
action are
The :front~entrance officer checks the ID ofeveryone entering or exiting the
facility.

o

o

~

0

0

~

0

0

~

0

0

0

0

All visits are officially recorded in a visitor logbook or electronically
recorded.
The facility has a secure visitor pass system.

The center's policy was reviewed
which indicates all requirements
of this component are met.

The front entrance officer
checked the ID of everyone
the

0

Officers monitor all vehicular traffic entering and leaving the fucility.
The facility maintains a log of all incoming and departing vehicles to
sensitive areas of the facility. Each entry contains:
• The driver's name;
• Company represented;
• Vehicle contents;
• Delivery date and time;
• Date and time out;
• Vehicle license number; and
Name of

o

The center maintains a log of all
required items listed in this
component.

o

o

The center's policy was reviewed
by the auditor who found the
policy to meet the requirements
of this

o

The facility has a written policy and procedures to prevent the introduction
of contraband into the facility or any of its components.

Tools being taken into the secure area of the facility are inventoried before
and
The SMU entrance has a sally port

~

0

0

0

~

0

Written procedures govern searches ofdetainee housing units and personal

IX!

0

0

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page5? of73

and supply rooms, walls, light and plumbing fixtures, accesses, and
drains, eic., undergo frequent, irregular searches. These searches are
documented.
Walls, fences, and exits, including exterior windows, are inspected for
defects once each shift. .
Daily pro~res include:
• Perimeter alarm system tests;
•
Physical checks of the perimeter fence; and
the results.

o

DEFICIENT

o

AT-R):SK

o

o

o

o

o

o
o REPEAT FINDING

REMARKS:

Although the "p""pr'.

all additional requirements of the NUS are being met.

AUDITOR'S ""'U.L~""~

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 58 of73

The Administrative Segregation unit provides non-punitive protection
from the general population and individuals undergoing disciplinary
segregation.
•
Detainees are placed in the SMU (administrative) in accordance
with written criteria.
In exigent circumstances, staff may place a detainee in the SMU
(administrative) before a written order has been approved.
•
A
of the order
to the detainee within 24 hours.
The OlC (or equivalent) regularly reviews the status of detainees in
adrrWllstrativedetentio~

•

A supervisory officer conducts a review within 72 hours of the
in the SMU
detainee's
A supervisory officer conducts another review after the detainee has spent
seven days in administrative segregation, and:
•
Every week thereafter for the first month; and
•
Every 30 days after the first month.
'.
Does each review include an interview with the detainee?
•
Is a written record made of the decision and the
The detainee is given a copy of the decision and justification for each
review.
•
The detainee is given an opportunity to appeal the reviewer's
decision to someone else in the
The OlC (or equivalent) routinely notifies the Field Office Director (or
staff officer in charge of IGSAs) any time a detainee's stay in
administrative detention exceeds 30 days.
•
Upon notification that the detainee's administrative segregation
has exceeded 60 days, the FD furwards written notice to HQ
Field
Branch Chief for DRO.
The OIC or equivalent) reviews the case ofevery detainee who objects to
administrative segregation after 30 days in the SMu.
•
A written record is made of the decision and the justification.
•
The detainee receives a
of this record.
The detainee is given the right to appeal to the OlC (or equivalent) the
conclusions and recommendations of any review conducted after the
detainee have remained in administrative segregation for seven
Adtninistrativelysegregated detainees enjoy the same general privileges as
detainees in the
TheSMUis:
•
Well ventilated;
•
Adequately lighted;
•
Appropriately heated; and
•
Maintained in a
condition.
All cells are equipped with beds.
•
bed is
fastened to the floor wall.

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

D

o

o

o

o

o

A review ofthe center's policy
noted that it provides for the nonpunitive protection of detainees.

The center's review practice
meets the requirement of this
component

The center has an ICE sub-office
located within the perimeter. At
the time of the inspection, good
communication was maintained
between ICE and center staff.

A tour of the SMU noted that all
listed physical requirements of
this component are met

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 590f73

The number ofdetainees in any cell does not exceed the occupancy limit
• When occupancy exCeeds recommended capacity, do basic living
standards decline?
• Do criteria for objectively assessing living standards exist?
•
are the criteria included in the written

Detainees receive three nutritious meals per day, from the general
population's menu of the day.
• .Do detainees eat only with disposable utensils?
• Is food ever used as punishment?

Each detainee maintains a normal level of personal hygiene in the SMU.
• The detainees have the opportunity to shower and shave at least
three times a week.
• If
The detainees are provided:
• Barbering services;
• Recreation privileges in accordance with the "Detainee
Recreation" standard;
• Non~legal reading material;
• Religious material;
• The same correspondence privileges as detainees in the general
population;
• Telephone access similar to that of the general population;and
• Personal
material.
A health care professional visits every detainee at least three times a week.
• The shift supervisor visits each detainee daily.
• Weekends and

o

D

o

D

o

D

o

o

o

o

o

D

SPC procedures include completing the SMU Housing Record (I~888)
immediately upon a detainee's placement in the SMU.
• Staff completes the fOrm at the end of each shift.
•
facilities use Form I~88
local

The center provides all the
services required by this
component Participation of
detainees is documented.

o

hours.
Detainees have the same Iaw~library access as the general population.
• Are they required to use the law library [8J Separately, or
DAsagroup?
• Are
to them?
The SMU maintains a permanent log of detaine~related activity, e.g.,
meals served, recreation, visitors etc.

Detainees in Administrative
Segregation receive three
nutritious meals per day. Meals
are recorded on individual log
sheets. Disposable utensils are
provided. Food is not used as

D

o

Detainees have access to the law
library when it is not being used
by detainees in general

D

o

The SMU has a log which details
all detainee related

o

o

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 60 of73

.

Staff record whether the detainee ate, showered, exercised, and toOk any
applicable medication during every shift.
• Staff logs record all pertinent information, e.g., a medical
condition, suicidaIlassaultive behavior, etc; .
• The medical officerlhealth care professional signs each
individual's record during each visit; and
• The housing officer initials the record when all detainee services
are
or at the end of the shift.
A new record is created for each week the detainee is in Administrative
Segregation.
• The weekly records are retained in the SMU until the detainee's
return to the

[gJ ACCEPTABLE

0

DEFICIENT

OAT-RISK

D

o

D

o

A new individual log is created
daily.

o

REPEAT FINDING

REMARKS:

The center provides services to· detainees housed in Administrative Segregation and documents participation.
- .B6,B7c
- _..
AUDITOR'S O"''''!''''''

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 61 of73

Officers placing detainees in disciplinary segregation follow written
procedures.
The sanctions for violations committed during one incident are limited to

60
A completed Disciplinary Segregation Order accompanies the detainee
into the SMU.
•
The detainee receives a copy of the order within 24 hours of
Standard procedures include reviewing the cases of individual detainees
housed in disciplinary detention at set intervals.
• After each formal review, the detainee receives a written copy of
the
and
reasons.
The conditions ofconfinement in the SMU are proportional to the amount
of control
detaineesandsUrlf.
Detainees
housed in
Living conditions in disciplinary SMUs remain the same regardless of
behavior.
•
!fno, does staff prepare written documentation for this action?
•
Does the OlC
to indicate
detainee in disciplinary segregation receives the same humane
of offense.
The quarters used for segregation are:
•
Well-ventilated.
•
Adequately lighted.
•
Appropriately heated
•
Maintained in a sanitary condition.
All cells are equipped with beds that are securely fastened to the floor or
wall of the cell.
The number of detainees confined to each cell or room is limited to the
number for which the space was designate.
•
Does the OIC
excess
on a
basis?
When a detainee is segregated without clothing, mattress, blanket, or
pillow (in a dry cell setting), a justification is made and the decision is
reviewed each shift. Items are returned as soon as it is safe.

o
o

D

The center has written
procedures for placing detainees
in

D

o

o

o

o

o

D

D

o

o

o

D

o

o

o

D

o

o

o

o

o

o

o

Detainees in the SMU have the same opportunities to exchange clothing,
as other detainees.
Detainees in the SMU receive three nutritious meals per day, selected
from the Food Service's menu of the day.
•
Food is not used as punishment.

o

D

Detainees are allowed to maintain a normal level of personal hygiene,
including the opportunity to shower and shave at least three times/week.

o

o

The center's policy requires a
detainee to receive a written
notice within 24 hours.

The SMU is clean, well
ventilated, lighting is good, and it
is well heated.

When detainees are placed in
Disciplinary Segregation, all
requirements of this component
met.

Detainees in Disciplinary
Segregation receive three
nutritious meals per day. Policy
indicates that food cannot be used
as
All activities are documented and
meet the requirements of this

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 62 of73

Detainees receive, unless documented as a threat to security:
• Barbering services;
• Recreation privileges;
Other-than legal reading material;
• Religious material;
• The same correspondence privileges as other detainees; and
material.
• Personal
When phone access is limited by number or type of calls, the following
areas are exempt:
• Calls about the detainee's immigration case or other legal
matters;
• Calls to consular/eQ}bassy officials; and
• Calls during fiunily emergencies (as determined by the

..

A health care professional visits every detainee in disciplinary segregation
every week day.
• The shift supervisor visits each segregated detainee daily
• Weekends and
SMU detainees are allowed visitors, in accordance with the "Visitation"
standard.
SMU detainees receive legal visits, as provided in the "Visitation"
standard.
• Legal service providers are notified of security concerns arising
before a visit.
Visits from clergy are allowed.
• The clergy member is given the option ofvisiting/not visiting the
segregated detainee.
Violent/uncooperative
detainees are denied access to religious
•
and
would otherwise be
services when
SMU detainees have law library access.
• Violent/uncooperative detainees retain access to the law library
unless adjudicated a security threat in writing.
• Legal material brought to individuals in the SMU on a case-bycase basis.
• Staff documents every .incident of denied access to the law
All detainee-related activities are documented, e.g. meals served,
recreation activities, visitors, etc.
The SPC's, the Special Management Housing Unit Record (I-8880r
equivalent), is prepared as soon as the detainee is placed in the SMU.
• All 1-888s are filled out by the end of each shift.
• The CDF/IGSA facility use Form.
local
• 1-888

~

0

D

~

D

0

~

0

D

~

D

D

~

D

0

~

0

D

Detainees receive services as
required in this component.

The center allows visits as

The center has a full-time
Chaplain who visits the SMU.

~

0

D

Detainees in Disciplinary
Segregation have law library
access unless violent or
uncooperative behavior is
observed and documented.

~

0

0

All services as noted in this
component are documented on
individual detainee

~

0

0

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 63 of73

SMU staff record whether the detainee ate, showered, exercised, took
medication, etc.
• Details about the detainee logged, e.g., a medical condition,
suicidal/violent behavior, etc.
• The health care official sign individual records after each visit.
• The housing officer initials the record when all detainee services
are completed or at the end of the shift.
• A new record is created weekly fur each detainee in the SMU.
• The SMU retains these records witil the detainee leaves the
SMU.

[gJ ACCEPTABLE

o DEFICIENT

o

D AT-RISK

o

The center maintains a log book
which details all required items
of this component.

o REPEAT FINDING

REMARKS:

The center has established a clean, Sanitary, safe, and secure Disciplinary Segregation Unit. The center complies with the NDS regarding
Disciplinary Segregation.
b6 b7c

AUDITOR'S SIGNATURE

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 64 of73

.",

There is an individual who is responsible for developing a tool control
procedure and an inspection system to insure accountability. .

o

o

Department heads are resp0ilsible for implementing this standard in their

o

o

Tool inventories are required for the:
• Maintenance Department;
• Medial Department;
• Food Service Department;
• Electronics Shop;
• Recreation Department; and

o

o

o

o

•

The facility has a policy for the regular inventory of all tools.
• The policy sets minimum time lines for physical inventory and all
necessary documentation.
•
facilities use AMIS bar code labels when ..pnlli..,·r!
The facility has a tool classification system. Tools are classified according
to:
• Restricted (dangerouslhazardous); and
• Non-Restricted (non-hazardous).

o

o

heads are responsible for implementing tool-control

o

o

in place to ensure that all tools are

o

o

The facility has an approved tool storage system.
• The system ensures that all stored tools are accountable.
• Commonly used tools (tools that can be mounted) are stored
in such a way that missing tool is readily notice.

. The fucility has policies and procedures to address the issue of lost tools.
The policy and procedures include:
• . Verbal and written notification;
• Procedures for detainee access; and
•
documentation/review for all incidents oflost tools.
Broken or worn out tools are surveyed and disposed of in an appropriate
and
manner.
All private or contract repairs and maintenance workers under contract to
ICE, or other visitors, submit an inventory of all tools prior to admittance
into or
from the
~ ACCEPTABLE

o DEFICIENT

OAT-RIsK

\

Center policy indicates that the
chief of security is responsible for
the
of tool control.

The tool storage area at the
center is located outside the
secure perimeter. Tools and
inventories observed within the
food service department and
medical unit are well maintained.

Tools inspected within the food
service department and medical
unit are classified according to
the requirements of this

o

The center stores most tools
outside the secure perimeter.
Those tools observed in the food
service department and medical
unit were stored appropriately at
the time of the

o

o

The center policy is inclusive and
addresses the requirements of
this component. Center policy
requires that staff must sign tools
in and out.

D

o

o

o
o

o

REPEAT FINDING

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 65 of73

REMARKS:

All tools are stored outside the secure perimeter of the center with the exception of tools used in the food service department and the
medical unit. During the inspection, it was noted that all tools within the secure perimeter were inventoried, stored, and controlled, as
equired by this s t a n d a r d . ·
.

I

f March 11, 20ID

AUDITOR'S SIGNATURE I

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 66 of73

Every transporting officer required to drive a commercial size bus has a
valid Commercial Driver's License (CDL) issued by the state of
employment.

Officers use a checklist during every vehicle inspection.
• Officers report deficiencies affecting operability; and
• Deficiencies are corrected befOre the vehicle goes back into
service.
Transporting officers:
• Limit driving time to 10 hours in any 15 hour period;
• Drive only after eight consecutive off-duty hours;
• Do not receive transportation assignments after having been on
duty, in any capacity, for 15 hours;
• Drive a 50-hour maximum in a given work week; a 70-hour
maximum during eight consecutive days;
• During emergency conditions (including bad weather), officers
may drive as long as necessary and safe to reach a safe
the lO-hour limit.
Two officers with valid CDLs required in any bus transporting detainees.
• When buses travel in tandem with detainees, there are two
qualified officers pet vehicle.
driver
vehicle.
An

[gj

~

0

0

0

0

[gj

D

D

[gj

0

0

Positive identification of all detainees being transported is confirmed.

All detainees are searched immediately prior to boarding the vehicle bystaff
the bus or vehicle.
The facility ensures that the number of detainees transported does not
level.
exceed the vehicles manufucturer's
Protective vests are provided to all transporting officers.
The vehicle crew conducts a visual count once all passengers are on board
and seated.
• Additional visual counts are made whenever the vehicle makes a
scheduled or unscheduled
Policies and procedures are in place addressing the use of restraining
vehicles.
on
ensure that no one contacts the detainees.
One officer remains in the vehicle at all times when detainees are

[gj

0

0

[gj

0

0

[gj

D

0

[gj

D

0

[gj

0

0

~

0

0

IZI

[]

0

Center policy requires a CDL
license. A review of the
credentials of transport staff
credentials confinned this
met.
Checklists fur vehicle inspections
were reviewed. Deficiencies are
reported and corrected as

The requirements of this
component are met.
Documentation reviewed .
supported the adherence to these
requirements.

Policy requires positive
identification of all detainees

Vests are worn by transportation
staff.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 67 of73

Meals are provided during long distance transfers.
• The ineals meet the minimum dietary standards, as identified by
dieticians utilized ICE.
The vehicle crew inspects all Food Service pickups before accepting
delivery (food wrapping, portions, quality, quantity, thermos-transport
containers, etc.).
Before accepting the meals, the vehicle crew raises and resolves
questions, concerns, or discrepancies with the Food Service
representative;
• Basins, latrines, and drinking-water containers/dispensers are
cleaned and sanitized on a fixed schedule.
Vehicles have:
• Two-way radios;
• Cellular telephones; and
• Equipment boxes stocked in accordance with the Use of Force
Standard.

•

~

D

0

~

D

D

~

Personal property ofa detainee transferring to another facility is:
•
Inventoried;
• Inspected; and
•
the detainee.
The following contingencies are included in the written procedures for
vehicle crews:
•
Attack
• Escape
• Hostage-taking
• Detainee sickness
• Detainee death
Vehicle fire
Riot
•
Traffic accident
• Mechanical problems
• Natural disasters
• Severe weather
list includes women or minors
•

•

The center provides meals for
any long distance transfer.

D

D

o

o

o

o

Transport vehicles were
inspected and all had the
equipment required by this
component

The center policy provides
procedures for all the required
contingencies.

•

~ ACCEPTABLE

o DEFICIENT

OAT-RISK

o REPEAT FINDING

REMARKS:

A review of vehicles, equipment,

nrr".. "",inr,,,.,

and staff interviews indicated compliance with the NDS regarding Transportation.

b6 bYe

tUDITOR'S SIGNA

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 68 of73

Written policy authorizes staff to respond in an immediate-use-offorce situation without a supervisor's presence or direction.
When the detainee is in an area that is or can be isolated (e.g., a
locked cell, a range), posing no direct threat to the detainee or
others, officers must try to resolve the situation without resorting to
force.
Written policy asserts that calculated rather than immediate use of
force is feasible in most cases.
The facility subscribes to the prescribed Confrontation Avoidance
Procedures.
• Ranking detention official, health profussi(;mal, and
others confer befure
calculated use offorce.
When a detainee must be forcibly moved and/or restrained, and
there is time fora calculated use offorce, staff uses the Use-ofForce Team Technique.
• Under staff
are trained in the performance ofthe Use-of-Force

[8l

0

0

~

0

0

A review of the Use of Force policy was
conducted. Staffis authorized to respond
with an immediate use

~

0

0

A review of policy indicated that calculated
force rather than immediate force should be
used.

~

0

0

The center's policy explains this practice in
detail.

~

0

0

~

0

0

~

0

0

~

0

0

~

D

0

/Xl

0

0

use-of..force incidents are documented and reviewed.

The center's policy requires that all use of
force incidents be documented and
reviewed.

Staff.

•
•
•
•

Do not use force as punishment;
Attempt to gain the detainee's voluntary cooperation
before resorting to force;
Use only as much furce as necessary to control the
detainee; and
Use restraints only when other non-confrontational
means, including verbal persuasion, have failed or are

may only be used for restraint pwposes when authorized
by the Medical Authority as medically necessary.
Use-of-Force Team fullows written procedures
to communicable
and

to

Center policy requires that the Medical
Director authorize any medication required
for

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 69 of73

Standard procedures associated with using four-point restraints
include:
• Soft restraints (e.g., vinyl);
• Dressing the detainee appropriately for the
temperature;
• A bed, mattress, and blanket/sheet;
• Checking the detainee at least every 15 minutes;
• Logging each check;
• Turning the bed-restrained detainee often enough to
prevent soreness or stiflhess;
• Medical evaluation of the restrained detainee twice
per eight hour shift; and
• When qualified medical staff is not immediately
staff
the detainee "T<I'~"_ll1n"
The shift supervisor monitors the detainee's positionlconditionevery
two hours.
• He/she allows the detainee to use the rest room at
these times under
All detainee checks are logged.

o o

o o
o o
o o

In immediate-us~of-force situations, staff contacts medical staff

the detainee is under control.
the OlC authorizes use of non-lethal weapons:
• Medical staff is consulted before staff use pepper
spray/non-lethal weapons.
• Medical staff reviews the detainee's medical file
before use of a
is authorized.
Special precautions are taken when restraining pregnant detainees.
• Medical personnel are consulted
Protective gear is worn when restraining detainees with open cuts or
wounds.
Staffdocuments every use offorce and/or non-routine application of
restraints.
It is
practice to review any use offorce and the non-routine
of restraints.
All officers receive training in self-defense, confrontation-avoidance
techniques and the use offorce to control detainees.
• Specialized training is given and Officers are certi:fied
in all

[gJ ACCEPTABLE

o DEFICIENT

~

0

0

[gJ

0

0

[gJ

0

0

~

0

0

~

0

0

~

0

0

~

0

0

OAT-RIsK

All detainee checks are

The center houses no female detainees.
However, this component is addressed in the

o

REPEAT FINDING

REMARKS:
• -

-II

-

•• -

the use of chemical agents by supervisory staff; ifnecessary.

b6,570

AUDITOR'S SIGNATURE
H,"~~rHJ

USE .ONLY (LAW ENFORCEMENT SENSITIVE)
Page 70 of73

o

The ICE Field Office Director ensures that weekly announced and
unannounced visits occur at the !GSA.
Detention and Deportation Staff conduct scheduled weekly visits with
detainees held in the IGSA.

ICE information request Forms are available at the IGSA for use by ICE
detainees.
The IGSA treats detainee correspondence to ICE staff as Special
Correspondence.

~

~

ICE detainees are notified in writing upon admission to the facility of their
right to correspond with ICE staff regarding their case or conditions of
confinement
~ ACCEPTABLE

o DEFICIENT

o

ICE Deportation Officers and
lEA Officers conduct both
announced and unannounced
visits.

o

o

ICE staff is continuously assigned
at the facility, and tour housing
units as required. During the
tours, they complete the facility
liaison checklist.

0

0

o

Visiting staff observe and note current climate and conditions of
confinement at each IGSA.

OAT-RISK

o

0

0

o

o

Locked drop
which are
only accessed by ICE staff are
available for detainees to
with on-site ICE staff.

o REPEAT FINDING

REMARKS:

The center has 25 on-site ICE staff. The ICE staff visits the housing units on a daily basis. They pick up request slips from the secured
ICE correspondence boxes
Documentation of detainee visits and communications is good.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 71 of73

When a detainee is represented by legal counselor a legal representative,
and a G-28 has been filed, the representative of record is notified by the
detainee's Deportation Officer.
• . The notification is recorded in the detainee's file; and
• When the A File is not available, notification is noted within
DACS
Notification includes the reason for the transfer and the location of the new
The deportation officer is allowed discretion regarding the timing of the
notification when
circumstances are involved.
The attorney and detainee are notified that it is their responsibility to notifY
members
a transfer.
Facility policy mandates that:
• Times and transfer plans are never discussed with the detainee
prior to transfer;
The
detainee is not notified ofthe transfer until immediately prior
•
to departing the facility; and
• The detainee is not permitted to make any phone calls or have
contact with
detainee in the
detainee is provided with a completed Detainee Transfer Notification
Form G-391 or equivalent authorizing the removal ofa detainee :from a
facility is used.

For medical transfers:
• The Detainee Immigration Health Service (or !GSA) (DIHS)
Medical Director or designee approves the transfer;
• Medical transfers are coordinated through the local ICE office;
and
• A medical transfer summary is completed and accompanies the
detainee.
Detainees in ICE facilities having DIHS staff and medical care are
transferred with a completed transrer summary sheet in a sealed envelope
with the detainee's name and A-number, and the envelope is marked
Medical Confidential.
For medical transfers, transporting officers receive instructions regarding
medical issues.

Detainee's funds, valuables, and property are returned and transferred with
the detainee to his/her new location.
Transfer and documentary procedures outlined in Section C and Dare
followed.
are provided when transfers occur during normally schedule meal

I2$]

D

D

I2$]

D

D

I2$]

D

D

I2$]

D

D

I2$]

0

D

I2$]

0

D

On-site ICE statfwere
interviewed and confirmed this
component is met.

The center has a written policy
which addresses all the
requirements of this component.

The center's policy mandates the
use of the G-391 form to
authorize the removal of a
detainee :from the

~

D

D

~

D

D

0

D

~

The center does not have DIHS
staff.
The center's medical staff
provides detailed instructions to
transporting staff regarding
medical issues.

~

0

D

~

0

D

~

0

D

~

D

D

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 72 of73

An A File or work folder accompanies the detainee when transferred to a

different field office or sub·office.

o

Files are forwarded to the receiving office via overnight mail no later than
one business day following the transfer.

o

IZI ACCEPTABLE

o

OAT-RISK

DEFICIENT

o

The A-file is delivered by ICE
staffwhen the detainee is
transferred.

o REPEAT FINDING

REMARKS:

Overall, the center complies

Detainee Transfer.

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 73 of73

u.s. Department of Homeland Security
Immigration and Customs Enforcement
Office of Professional Responsibility
Washington, DC 20024

Office of D,etention Oversight
Follow-up Inspection

Detention and Removal Operations
EI Paso Field Office
Otero County Processing Center

Chaparral, New Mexico
April 13-15, 2010

FOR INTERNAL USE ONLY. This document may contain sensitive commercial, financial, law
enforcement, management and employee information. It has been written for the express use of the
Department of Homeland Security to identify and correct management and operational deficiencies. In
reference to OPR Directive 08006.1, issued 09/22/05, any disclosure, dissemination, or reproduction of
this document, or any segments thereof, is prohibited without the approval of the Director, Office of
Professional Responsibility.

OFFICE OF PROFESSIONAL RESPONSIBILITY
MISSION STATEMENT
The Office of Professional Responsibility (OPR) is responsible for investigating
allegations of employee misconduct impartially, independently, and thoroughly.
OPR prepares timely and comprehensive reports. of investigations for judicial or
management action.
OPR inspects and reviews Immigration and Customs Enforcement (ICE) field offices,
operations and processes in order to provide executive management with an
independent review of the agency's organizational health; and assesses the
effectiveness and efficiency of the overall ICE mission.

TABLE OF CONTENTS
INSPECTION PROCESS
Report Organization.......... .... ...........................................
Inspection Team Members.................................. ..............

1
1

OVERViEW ............... :.·............................................................

2

ICE NATIONAL DETENTIONSTANDARDS·
Access to Legal Materials..................................................
Detainee Handbook..........................................................
Detention Files .......................................... ,......................
Funds and Personal Property.................................... ...........
Key and Lock Control........................................... ............
Staff Detainee Communications..........................................
Use of Force...................................................................

3
3
4
4
5
5
6

INSPECTION PROCESS
The Office of Detention Oversight (000) inspection primarily focuses on areas of
noncompliance with the ICE National Detention Standards (NOS). In addition, focus
may be applied to the level of management provided by the Office of Detention and
Removal Operations (ORO) Headquarters and ORO field offices on detention
management, and to issues of high priority or interest to ICE executive management.
Inspection objectives are to evaluate the welfare, safety and living conditions of
detainees, and to determine compliance with applicable laws, policies, regulations and
procedures.
In June 2009, 000, formerly the Detention Facilities Inspection Group, conducted a
Quality Assurance Review of the Otero County Processing Center (OCPC) Chaparral,
New Mexico. This Follow-up Inspection was conducted to determine the corrective
actions taken on the deficiencies identified in the Quality Assurance Review report.

REPORT ORGANIZATION
This report documents corrective actions taken on deficiencies identified in the Quality
Assurance Review report submitted to ORO. A summary of findings is provided in the
Overview, and uncorrected deficiencies are detailed in the ICE National Detention
Standards section.
This report documents the Follow-up Inspection results, serves as an official record, and
is intended to provide senior management with a concise evaluation of compliance with
policy and detention standards. It also provides useful feedback on the effectiveness
and efficiency of the areas inspected. Comments and questions regarding the report
findings should be forwarded to the Director, Office of Professional Responsibility.

INSPECTION TEAM MEMBERS
06,670

OOO/Team Leader
Special Agent

Office of Detention Oversight
April~

OPR~

000, OPR San Diego
000, OPR San Diego

1

Otero County Processing Center
ORO EI Paso

OVERVIEW
Deficiencies identified in the following standards during the initial inspection were
reviewed: Access to Legal Material, Admission and Release, Detainee Classification
System, Detainee Handbook, Detention Files, Food Service, Funds and Personal Property,
Key and Lock Control, Religious Practices, Security Inspections, Staff-Detainee
Communication, Use of Force and Visitation.

000 staff identified 29 deficiencies during the Quality Assurance Review conducted in
June 2009. During this Follow-up Inspection, 000 staff found 10 (34%) repeated
deficiencies.
000 and ORO staff found corrective actions were taken on all deficiencies revisited in
the following standards: Admission and Release, Detainee Classification System, Food
Service, Religious Practices, Security Inspections, and Visitation.
Deficiencies revisited in the following standards were not corrected and were found by
000, along with DRO management at the OCPC, to be noncompliant with the
ICE NDS: Access to Legal Material, Detainee Handbook, Detention Files, Funds and
Personal Property, Key and Lock Control, Staff Detainee Communication, and Use of
Force.

Office of Detention Oversight

APril",

aPR

2

Otero County Processing Center
ORO EI Paso

ICE NATIONAL DETENTION STANDARDS
ACCESS TO LEGAL MATERIALS
During the initial 000 inspection, four deficiencies were identified in this area. During
this Follow-up Inspection, the following deficiencies were found not corrected.

000 Initial Finding: In accordance with the ICE National Detention Standard, Access to
Legal Material, section(III)(F), the FOD must ensure damaged or stolen law library
materials are promptly replaced. In addition to its own inspections, the facility must
encourage detainees to report missing or damaged materials. If materials submitted by
outside organizations need to be replaced, the facility will contact ICE, which will obtain
replacements from the submitting organization.

000 Follow-up Finding: 000 reviewed the ocpe detainee handbook, post orders,
and the law library policy and procedure. oepe lacks written instructions encouraging
detainees to report missing or damaged materials.

000 Initial Finding: In accordance with the ICE National Detention Standard, Access to
Legal Material, section (111)(0), the FOD must ensure the following policies and procedures
are posted in the law library, along with a list of the law library's holdings: 1) a law library is
available for detainee use; 2) scheduled hours of access to the law library; 3) procedure for
requesting access to the law library; 4) procedure for requesting additional time i,n the law
library (beyond the five hours per week minimum); 5) procedure for requesting legal
reference materials not maintained in the law library; and 6) procedure for notifying a
designated employee that library material is missing or damaged. These policies and
procedures must also be in the detainee handbook or equivalent.

000 Follow-up Finding: oepc's detainee handbook does not note 1) scheduled
hours of access to the law library; 2) procedure for requesting access to the law library;
3) procedure for requesting legal reference materials not maintained in the law library;
and 4) procedure for notifying a designated employee that library material is miSSing or
damaged.

DETAINEE HANDBOOK
During the initial 000 inspection, two deficiencies were identified in this area. DUring
this Follow-up Inspection, the following deficiency was found not corrected.

000 Initial Finding: In accordance with the ICE National Detention Standard,
Correspondence and Other Mail, section (111)(8).(3-7), the FOD must ensure the handbook
notification specifies: 3) That general correspondence and other mail addressed to
detainees must be opened and inspected in the detainee's presence, unless the Officer in .
Office of Detention Oversight
April~

OPR III!JII!JMI!III

3

Otero County Processing Center
ORO EI Paso

Charge (OIC) authorizes inspection without the detainee's presence for security reasons; 4)
That special correspondence may only be opened in the detainee's presence, and may be
inspected for contraband, but not read; 5) The definition of special correspondence,
including instructions on the proper labeling for special correspondence, without which it will
not be treated as special mail. The notification must clearly state that it is the detainee's
responsibility to inform senders of special mail of the labeling requirements; 6) That
packages may not be sent or received without advance arrangements approved by the OIC,
and provide the procedure for obtaining such approval; 7) A description of mail which may
be rejected by the facility and which the detainee will not be permitted to keep in his or her
possession. The notification must state that identity documents, such as passports and
birth certificates, are contraband and may be used by ICE as evidence or as otherwise
appropriate. The notification must state that if detainees are not allowed to keep an identity
document in their possession, they will be provided with a copy of the document, certified by
an ICE officer to be a true and correct copy.

000 Follow-up Finding: 000 reviewed the OCPC detainee handbook. The
handbook does not note all general correspondence and other mail addressed to
detainees will be opened and inspected in the detainee's presence.

DETENTION FILES
During the initial 000 inspection, three deficiencies were identified in this area. During
this Follow-up Inspection, the following deficiencies were found not corrected.

000 Initial Finding: In accordance with the ICE National Detention Standard,
Detention Files, section (11I)(A)(2), the FaD must ensure the officer completing the
admissions portion of the detention file notes that the file has been activated.

000 Follow-up Finding: 000 reviewed 20 detention files. The admissions portion of
those detention files does not annotate file activation.
000 Initial Finding: In accordance with the ICE National Detention Standard,
Detention Files, section (1I1)(F)(1), the FOD must ensure all staff members have access to
detention files.

.

000 Follow-up Finding: 000 reviewed OCPC's Detention File policy and procedure.
Written policy limits access to the Warden, Associate Warden, Captain, Classification
Manager, Detainee Records and Count Room Clerks, Shift Supervisors (during afterhours incidents), Grievance Lieutenant, Administrative Lieutenant, and Gang
Intelligence Officer.

FUNDS AND PERSONAL PROPERTY
During the initial 000 inspection, two deficiencies were identified in this area. During
this Follow-up Inspection, the following deficiencies were found not corrected.
Office

of Detention Oversight

April~

OPR.~

4

Otero County Processing Center
ORO EI Paso

000 Initial Finding: In accordance with ICE National Detention Standard, Funds and
Personal Property, section (1I1)(A)(4), the FOD must ensure a secured locker for holding
large valuables is accessible to designated supervisors only.
000 Follow-up Finding: 000 observed the property room and found unsecured filing
cabinets designed to hold large valuables. Two Officers were found within the property
room, each having access to the cabinets. The cabinets are not restricted to
designated supervisory staff.
000 Initial Finding: In accordance with ICE National Detention Standard, Funds and
Personal Property, sections (1I1)(J)(2)(3)(4) and (5), the FOD must ensure the detainee
handbook or equivalent notifies the detainees of facility policies and procedures concerning
personal property specifically; that upon request they will be provided an INS certified copy
of any identity document (passport, birth certificate, etc.); the rules for storing or mailing
property not allowed in their possession; the procedure for claiming property upon release,
transfer, or removal, and the procedure for filing a claim for lost or damaged property.
000 Follow-up Finding: 000 reviewed OCPC's detainee handbook. The detainee
handbook does not specify: the rules for storing or mailing property not allowed in their
possession; the procedure for claiming property upon release, transfer, or removal; or
how to file a claim for lost or damaged property.

KEY AND LOCK CONTROL
During the initial 000 inspection, two deficiencies were identified in this area. During
this Follow-up Inspection, the following deficiency was found not corrected.

000 Initial Finding: In accordance with ICE National Detention Standard, Key and
Lock Control, section (1I1)(0)(5)(e), the FaD must ensur
b2Iihgh

STAFF·DETAINEE COMMUNICATION
During the initial 000 inspection, one deficiency was identified in this area. During this
Follow-up Inspection, the deficiency was found not corrected.

Office of Detention Oversight
April~

OPR~

5

Otero County Processing Center
ORO EI Paso

000 Initial Finding: In accordance with ICE National Detention Standard, StaffDetainee Communication, section (111)(8)(2), the FOD must ensure all detainee requests
are recorded in a logbook specifically designed for that purpose.
000 Follow-up Finding: According to the Warden, each department at the facility
handles its own detainee requests and maintains its own request logs. The facility staff
did not maintain request logs from November 1, 2009, through March 31, 2010.
Request logs for detainee requests submitted directly to ICE were not maintained by
ICE/ORO.

USE OF FORCE
During the initial 000 inspection, three deficiencies were identified in this area. During
this Follow-up Inspection, the following deficiency was found not corrected.

000 Initial Finding: In accordance with ICE National Detention Standard, Use of
Force, section (III)(L), the FOD must ensure only authorized non-deadly devices are
used in the detention facility.
000 Follow.,.up Finding: 000 observed a

021+IIg11

b2Higfi

Office of Detention Oversight
April~

OPR-.-

6

Otero County Processing Center
DRO EI Paso

Office of Professional Responsibility
U.S. Department of Homeland Security
950 L' Enfant Plaza SW
Washington, DC 20536

U. S. Immigration
and Customs
Enforcement

MEMORANDUM FOR:

Director
Detention and Removal Operations

FROM:

Director
Office of Professional Responsibility

SUBJECT:

Follow-Up Review
Otero County Processing Center

The Office of Professional Responsibility, Office of Detention Oversight (000), conducted
a Follow-Up Review of the Otero County Processing Center, Chaparral, NM, April 13-15, 2010.
The attached report contains ODO's findings.
This report documents inspection results and serves as an official record. It is intended to
provide senior management with an evaluation of the center's compliance with National
Detention Standards, the field office's compliance with detention review procedures and the
effectiveness and efficiency of the Detention Standards Compliance Program.
000 will forward a PDF file to your office for dissemination to your designated field
managers. If you wish to discuss the report findings, please contact me or your staff may
contact Acting Deputy Assistant Director,
at 202-732-_
Attachment

The OPR, Detention Facilities Inspection Group, has scheduled an inspection
into the death of a detainee who was housed at the Otero County Detention
Center. The inspection would commence on December 4th at 1300 hours, and
will end 1700 on December 5th .
Prior to the inspection, the team would like to have a briefing with a ORO
representative(s) (SDDO, SIEA, COTR etc.), the Warden, Assistant Warden and
the Health Administrator. The briefing will cover the purpose for the visit, the
inspection process, and the needs of the team. In addition, the team would
address any questions relating to the inspection from the attendees.
The team would need a room large enough to accommodate 1-2 inspectors and
their laptops and will do their best to avoid disruption to the facility and its daily
operations.
Please designate a ORO Point o"f Contact for each inspection and have those
individuals contact me at 202-732_
Thank you for your assistance.
IJE bYe

Section Chief
ICE/OPRIMIU

202-732-_

 

 

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