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. [gJ 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 • 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 0 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 ~ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 standard governs all personal property searches. use or have a similar contraband standard. Staffprepares a inventory of each detainee's possessions. The detainee receives ~ 0 0 Staffcompletes Form 1-387 orsimilarfurmforCDFsandIGSAsfurevery lost or missing property claim. Facilities furward all 1-387 claims to ICE. !ZI 0 0 ~ 0 0 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. !ZI 0 0 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 ····>~i.f~:~ ,jt .)':1.J~--.7l0·/-. "~;~A::"~~i0.~.,n~~ > •. . f~~~.t:;:~ " ...........~:~. ..... ,r'~"'Tn~ "t:.~2LA.TIoNi .....?,\'~; •. ' . ' , ." .WlT .•~ ,"":'~.' '.' i", .~"'. .,~, ~~~ .~. :~~. .>r?-'--"~r···~" ........ ~, ,..r-c~~J'~·~l· 'U1I.' ~4~'" .....' w . LY" 'llm~im;: . . .. ' . , , ' .' ........ ". ,' .•.....•....•. ",MAf . . "i, .' . , , I.' :', ·./.:';:7;::,Yt 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 E; \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' ~ D D ~ D D ~ D D ~ D D ~ D D ~ D 0 ~ D D ~ D D ~ D D ~ D D ~ D D ~ D 0 ~ D 0 ~ 0 D ~ D 0 ~ 0 D . .,yri;~ ' .•' );; .•/::/.i, 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 ~ o o ~ o o [gJ 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 L > ' .. . • ~~y.,;;;.:.~ ,...,;, ~L '.' . . . .. ·D~T.I 'A:' ;3.:, ",iRA ,'<·?3;<.,ii • . ·······5: ~~.;;"'::.",," ",'''~'i'm.,n.i;;:;~-;,,'':::h;i_0'!C~);-:.ic.'fini Ji~c~;:. ?t~.~ .m'~:V.~':::i .c.;:. ,':;'rrims~. :;§':":#"~;;;T'i:1£~~~:{' .,;.{ Ai'fJ.~~:~t~i! :II' :<":.< IV1:,\: '·/";Q;l:'~' . • ' 'J ,,,,,.;c',";;;; ;"n,.,~· :::,.-F '-::; Z'.~"+2!i:::1i ~'ii;, ~";"-!'i,J,i.;w'.;o' ,i ff,~;;'" .:, ·:?;··/:\i.fu~OJliufS'~ :}~ ~:. '",: ., ':', J ..... oti';::<••:' '~;?,J'.:'t~,.r\-;J;:,: ii:::{ '>;iV>:\i.:,', ?" ·. :T~">'·;· /F~L: ·.(.;:,:~,t '!::i;:'::;., ,:/; .·':,Y s, N(j:.'NA\ ',.):: .i';'·.:"',:r u:i?u •.,...",:· ~i' ·.tT' (:'.\ 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. [gI 0 0 [gI 0 0 [gI 0 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. •• [gI 0 0 The most recent revision of the detainee handbook is dated October 23, 2009. [gI 0 0 All recommended changes to the detainee handbook are forwarded to the Warden's """_''''=y for comnih>ti"n ~ 0 0 [gI 0 0 ~ 0 0 [gI 0 0 [gI 0 0 [gI 0 0 [gI 0 0 [8J - [] [gI 0 0 ~ 0 0 0 0 ~ 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 18J 0 0 18J 0 0 rzJ 0 0 rzJ 0 0 ~ 0 0 ~ 0 0 ~ 0 0 rzJ 0 0 • 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 D ~ D D ~ 0 D ~ 0 [J 0 [J ~ 0 0 ~ [] [] ~ 0 0 ~ ~ [] [J [J ~ ~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 ~ [J [J ~ 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' . 0 0 ~ 0 0 IZl [] [J 0 0 ~ 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 ~ 0 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 .... . •'.j:'('j ..... . .. 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.: "".:.' .,eEf!};:' ...:>: ", ,'Y,'',.'' . , - \,\ ~" ,.'.,~CcESST9MEDICALCARE • : ' \ " .,' - • • ,:,::'' . " , \ \ . " .'., \ \)." ,.~' '\' 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 • ~:.GENBRAt:;~~iNGOFlCE~~;:~;.~.. IL<S~:+;;;.i:;:·:·· ... ;j> ........ ·.:,,;':kf:\6~ .·:.CO:M:P(j~t$::~S:(·t::tL;,/· . .•. 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] I2J [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. • ··:;.:Fi\':.::~i . . . " " ' , . , ...... ·••• ". . . . .,: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:: . :~. :, '. ."/ . . :~!: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... FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 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 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 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 • FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 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-_