INS Detention Standards Compliance Audit - Berks County Prison, Leesport, PA, 2007

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INS Detention Standards Compliance Audit - Berks County Prison, Leesport, PA, 2007

• May 27, 2016 • Locations: United States of America -> Pennsylvania • Topics: Corrections Audits, Immigration

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September 7, 2007
MEMORANDUM
To:

John P. Torres, Director, Office of Detention and Removal, Immigration and
Customs Enforcement

From:

American Bar Association Delegation to the Berks County Prison

Copy to:
Subject:

ABA Commission on Immigration

Report on Observational Tour of the Berks County Prison, Leesport, Pennsylvania

This memorandum summarizes and evaluates information gathered at the Berks County
Prison (“BCP” or “the facility”) in Leesport, Pennsylvania, during the delegation’s July 24, 2007
b6
b6
b6
visit to the facility. The delegation included
,
,
,
b6
b6
b6
,
, and
from Akin Gump Strauss Hauer & Feld,
LLP. The information was gathered via observation of the facility by the delegation, and
discussions with BCP and Immigration and Customs Enforcement (“ICE”) personnel.
I.

ICE DETENTION STANDARDS

In November 2000, the Immigration and Naturalization Service (INS), 1 promulgated the
“INS Detention Standards” to ensure the “safe, secure and humane treatment” of immigration
detainees. The thirty-nine standards contained in the Detention Operations Manual cover a broad
spectrum of issues ranging from visitation policies to grievance procedures. These standards
apply to ICE-operated detention centers and other facilities that house immigration detainees
pursuant to a contract or intergovernmental service agreement (“IGSA”).
The Detention Standards (the “Standards”) went into effect at ICE-operated detention
facilities on January 1, 2001. ICE intended to phase in the Standards at all of its contract and
IGSA facilities by December 31, 2002. The Standards constitute a floor rather than a ceiling for
the treatment of immigration detainees. In other words, they are designed to establish the
minimum requirements to which ICE must adhere in its facilities. Each Field Office or Officerin-Charge has discretion to promulgate polices and practices affording ICE detainees more
enhanced rights and protections, beyond those provided for by the Standards.

Effective March 1, 2003, the INS ceased to exist as an agency of the Department of Justice. The INS’ immigration
enforcement functions were transferred to Immigration and Customs Enforcement (“ICE”), a division of the newlycreated Department of Homeland Security (“DHS”).

Page 2
September 7, 2007

II.

INTRODUCTION
A. The Delegation’s Visit, July 24, 2007

On Tuesday, July 24, 2007, the members of our delegation met with several members of
BCP’s staff and a representative from the ICE office in Leesport, Pennsylvania. Jail
b6, b7C
representative Sergeant b6, b7C BCP Officer
ICE Supervisory Detention and
b6,
b7C
b6, b7C
Deportation Officer
, and ICE Officer
led our delegation on a tour
of the facilities and participated in post-tour follow-up discussions. The delegation appreciates
the cooperation of these individuals; they were direct and accommodating during our tour of the
facility.
Our report is based on discussions we had with the above-mentioned BCP staff and ICE
representatives, as well as observations of the facility. Unfortunately, the delegation was unable
to interview detainees during its visit, so the information in this report relies solely on
information provided by officials and on delegation observations.
B. General Information About the Berks County Prison Detention Facility
The Berks County Prison is a general purpose jail located in Leesport, Pennsylvania, and
in addition to housing inmates, also houses federal immigration detainees according to an
intergovernmental service agreement (“IGSA”) with ICE. BCP is a municipal division of Berks
b6, b7C
County. BCP is managed by Warden
r 3 and is monitored by oversight by the
4
Prison Board. BCP is inspected by the Pennsylvania Department of Corrections, Office of
County Inspection & Services which conducts annual audits and inspections related to
Commonwealth and Federal rules and standards. 5
According to the Pennsylvania Department of Corrections Statistics, BCP has the
capacity to hold over 1,314 individuals in hard cell beds. 6 BCP had at the time of the visit had a
population of 1,259 inmates, thirty-three of whom were immigration detainees. 7 BCP houses

The delegation also spoke to Officer

The County of Berks, PA Prison Official Website at http://www.co.berks.pa.us/prison/site/default.asp.

The County of Berks, PA Prison Official Website, Prison Board at
http://www.co.berks.pa.us/prison/cwp/view.asp?a=1954&Q=475982&prisonPNavCtr=|&TNID=31215#31
215.

Pennsylvania Department of Corrections, Office of County Inspection Services at
http://www.cor.state.pa.us/county/site/default.asp.

Pennsylvania Department of Corrections, Office of County Inspection Services, 2006 County Statistics at
http://www.cor.state.pa.us/portal/lib/county/countystatistics.pdf.

Observations and notes of delegation members
Sgt. b6, b7C and ICE Officer b6, b7C .

b6, b7C

who was on duty during a tour of Housing Unit H

and

b6, b7C

accommodations.

, on conversation with

Page 3
September 7, 2007

mostly men, but does house a small number of women. 8 At the time of our visit, the facility
personnel estimated that 114 women were housed there, of whom two were immigration
detainees. 9 Sgt. b6, b7C told the delegation that the facility housed immigration detainees from
many different countries and regions, including many regions of Africa, including the Ivory
Coast, Latin American countries, and Poland. 10
Immigrant detainees are commingled in the general prison population based upon
respective BCP classifications for low, medium, and high risk. 11 All of the present immigrant
detainees, with the exception of one being removed to Poland the day of the delegation’s tour,
had previously been held on criminal charges and/or violations apart from immigration
violations. 12 ICE and BCP personnel indicated that approximately ninety-five percent (95%) of
the immigration detainees at BCP are held on criminal charges and/or violations apart from
immigration violations prior to being transferred to ICE custody at BCP. 13 According to ICE
and BCP personnel, BCP has been reducing the number of beds available to ICE for immigrant
detainees due to additional needs of Berks County. 14 Specifically, ICE personnel indicated that
approximately ten years ago approximately 300 immigration detainees were housed at BCP. 15
However, individuals held for alleged immigration violations only are held under the same
conditions and in the same facilities as those held on criminal charges.
III.

LEGAL ACCESS STANDARDS
A. Visitation
1. Visitation by Attorneys

The Standards require that facilities permit legal visitation seven days per week. 16
Attorneys should have access to their clients eight hours per day during the week and four hours
8

Observations and notes of delegation members
Sgt. b6, b7C and ICE Officer b6, b7C .

Notes of delegation members
Sgt. b6, b7C and ICE Officer

and

b6
b6, b7C

and

, on conversation with

Observations and notes of delegation members
Sgt. b6, b7C and ICE Officer b6, b7C .

Notes of delegation members
Officer b6, b7C .

b6
Notes of delegation members
Officer b6, b7C , and ICE Officer

b6, b7C

and

, on conversation with Sgt.

b6, b7C

and
.

, on conversation with Sgt.

b6, b7C

Notes of delegation member

Notes of delegation members
Officer b6, b7C .

Notes of delegation member

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.2.

, on conversation with ICE Officer
b6

, on conversation with

and

, on conversation with

and

b6, b7C

, ICE

, on conversation with Sgt.

, on conversation with ICE Officer

and ICE

b6, b7C

and ICE

Page 4
September 7, 2007

per day during the weekend. 17 The visits must be private and private consultation rooms should
be available. 18 Visits should not be interrupted for head counts or meals, and a meal should be
provided to a detainee should an attorney visit occur during a regular scheduled meal time. 19 If
standard procedure requires a strip-search following all contact attorney visits, the facility should
provide an option for non-contact visits with legal representation in an environment that allows
for confidentiality. 20 The facility must provide written notification of the visitation rules and
hours in the detainee handbook, and post the rules where detainees can easily see them. 21
BCP does not meet this section of the Standards: no specific information is provided
to detainees regarding attorney visitation. One room available for attorney visitation does
not provide an environment that allows for confidentiality; however, a private room is
available on request. At BCP, no attorney-specific visiting hours were posted on the walls. 22
The Inmate Handbook also does not include any special regulations or information regarding
visitation by legal representatives. 23 However, attorneys may call and make specific
arrangements for meeting detainees aside from regular visiting hours. 24
Attorney visits may be held in either the “multipurpose room” or a private room next to
the Sergeant’s office. 25 The multipurpose room is a gymnasium. Four tables in close proximity
for conferences were set up temporarily on the playing surface of the floor next to the main
entrance. 26 There is little distance between each table, and privacy would appear to be of some
concern because persons seated at one table could potentially overhear discussions at another
table. 27 Detainee-attorney meetings are very infrequent with the detainee population down from
a high of several hundred several years ago to less than thirty-five presently. 28 In the past four
months, only one detainee-attorney visit has taken place. 29

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.2.

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.9.

Detention Operations Manual, Detainee Services, Standard 17, Sections III.I.2 & I.9.

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.11.

Detention Operations Manual, Detainee Services, Standard 17, Section III.B.

Observations of delegation member

.
b6

Observations of delegation member

b6
Notes of delegation member
, on conversation with Sgt.
(Telephone access to Legal Representatives).

b6, b7C

Notes of delegation member

b6, b7C

Observations of delegation member

, on conversation with Sgt.
.
b6

Observations of delegation member

Notes of

, on conversation with ICE Officer
b6

Notes of

.
b6, b7C

, on conversation with ICE Officer

see also Section III.B.3
.

Page 5
September 7, 2007

Detainees may continue a legal visit through counts and/or meals. 30 A meal will be held
for a detainee who misses meal time in the housing unit for a legal visit. 31
Attorney visits are contact visits in both locations; no physical barrier is present between
the attorney and the detainee. 32 Detainees are subject only to a pat down search upon return to
the housing unit following a legal visit.33
2. Visitation by Family and Friends
To maintain detainee morale and family relationships, the Standards encourage visits
from family and friends. 34 The Standards require that facilities establish written visitation hours
and procedures, post them where detainees can see them, and make them available to the
public. 35 The visiting area is to be “appropriately furnished and arranged, and as comfortable
and pleasant as practicable.” 36 Visiting hours shall be set on Saturdays, Sundays, and holidays,
and the Standards encourage facilities to accommodate visitors at other times when they are
facing a particular hardship. 37 Visits should be at least 30 minutes long and longer when
possible. 38 Visits should be granted to detainees in both disciplinary and administrative
segregation unless a detainee violates the visitation rules or threatens the security of the visitation
room. 39
BCP substantially meets this section of the Standards. The visitation schedule is
posted in the regular housing units and the “Quarantine” intake housing unit. 40 The schedule is
also available to the public through BCP’s web site. 41 However, the information in the on-line
brochure conflicts with the information provided by the postings and by Sgt. b6, b7C . According
to the publicly available brochure, each housing unit is assigned three days a week for visitation

Notes of delegation member

, on conversation with Sgt.

.
b6, b7C

Notes of delegation member

Observations of delegation member

Notes of delegation member

Detention Operations Manual, Detainee Services, Standard 17, Section I.

Detention Operations Manual, Detainee Services, Standard 17, Sections III.A & B.

Detention Operations Manual, Detainee Services, Standard 17, Section III.G.

Detention Operations Manual, Detainee Services, Standard 17, Section III.H.1.

Detention Operations Manual, Detainee Services, Standard 17, Section III.H.5.

Observations of delegation member

“Friends and Family Guidelines”, URL:
http://www.co.berks.pa.us/prison/lib/prison/visitation/visitation_family_friends.pdf.

, on conversation with Sgt.
b6
b6

, on conversation with Sgt.

b6, b7C

Page 6
September 7, 2007

(including Saturday) for twelve hours each day.42 According to Sgt. b6, b7C and the posted hours,
each housing unit is assigned two days a week for visitation for at least eight hours each day. 43
A detainee receives a minimum of one-half hour per visit, but a visit may be many hours
depending on how many visitors are present that day. 44 All visits are non-contact and are done
on a first-come, first-served basis. 45 Four simultaneous visits may take place per unit, and since
detainees are housed with the general prison population, they are subject to the same rules as
general inmates insofar as time for visits. 46
Each housing unit has a visiting room with a Plexiglas divider and four seats for
detainees. 47 Newer facilities permit direct conversations to take place through waist-level
screens that have further barriers within to prevent passage of contraband. 48 We were not able to
test the sound passage qualities of these screens. Older units require each party to use telephone
handsets. 49 Visitation privileges are not restricted unless ordered by the disciplinary board for a
visitation-related offense. 50 Visits during disciplinary segregation must then be scheduled
through the housing unit counselor. 51
The visitation area was not appropriately furnished for detainee visitation due to the
Plexiglas dividers, inadequate partitions, and noise. The one room visited in the first cell block
had four seats separated by cinder brick partitions no more than one foot deep. 52 The walls and
floors were brick or concrete, making them sound reflective. 53
A detainee is only allowed visitors listed on his or her visitation list. 54 Up to eight names
may be listed at one time. 55 A detainee is free to add or delete names from the list at any time. 56
42

Friends and Family Guidelines.

Observations of delegation member
b6
b6
, on conversation with Sgt.

Notes of delegation member

Observations of delegation member
conversation with Sgt. b6, b7C

Notes of delegation member

Observations of delegation members

Observations of delegation member

, on conversation with Sgt.

of housing unit postings; and notes of delegation member
b6, b7C
b6, b7C

; and notes of delegation member

, on conversations with Sgt.
and

b6, b7C

, on

and ICE Officer

b6, b7C

.
b6

Observations of delegation member

BCP Inmate Handbook, Sept. 2005, Section 6.3.

Observations of delegation member

BCP Inmate Handbook, Sept. 2005, Section 2.7; and notes of delegation member
conversation with Sgt. b6, b7C .

, on

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September 7, 2007

All visitors must show ID upon entry and must be on the approved visitor list to have access to
the detainee. 57
B. Telephone Access
1. General Requirements
The Standards require that facilities provide detainees with reasonable and equitable
access to telephones during established facility waking hours. 58 In order to meet this
requirement, facilities must provide at least one telephone for every 25 detainees. 59 The
Standards also require that telephone access rules be provided in writing to each detainee upon
admittance, and that the rules be posted where detainees may easily see them. 60
BCP substantially meets this section of the Standards, although access times are
sometimes very limited. Each housing unit has its own set of eight phones, which is more than
one phone per ten to fifteen detainees. 61 However, the telephones are accessible only during
open dayroom recreation periods which are generally 9:00 a.m. – 11:00 a.m., 2:15 p.m. – 4:15
p.m., and 7:00 p.m. – 9:00 p.m., seven days a week. 62 Furthermore, inmates get no more than
two of these periods per day, and even these periods may be halved in bad weather. 63

Telephone usage rules and instructions regarding usage of the phones are posted in each
housing unit dayroom in both English and Spanish. 64 Similarly, the phone numbers of local
consulates are programmed into a speed dial list which is posted in each housing unit in the
facility. 65
2. Direct Calls and Free Calls

BCP Inmate Handbook, Sept. 2005, Section 2.7.

Notes of delegation member

on conversation with Sgt.
b6

b6, b7C

Notes of delegation member

Detention Operations Manual, Detainee Services, Standard 16, Sections I & III.A.

Detention Operations Manual, Detainee Services, Standard 16, Section III.C.

Detention Operations Manual, Detainee Services, Standard 16, Section III.B.

Observations of delegation members

BCP Inmate Handbook, p. 12; and notes of delegation members
conversations with Sgt. b6, b7C and Officer b6, b7C .

b6
Observations of delegation members
and
b6
b6
and
, on conversation with Sgt.

64
65

on conversation with Sgt.

Observations of delegation members

and

Observations of delegation members

and

.
.

and

, on

; and notes of delegation members

b6
b6, b7C

and
b6

Page 8
September 7, 2007

The Standards allow facilities to generally restrict calls to collect calls; 66 however, the
facility must permit detainees to make direct calls to the local immigration court and the Board
of Immigration Appeals, federal and local courts, consular officials, legal service providers,
government offices, and to family members in case of emergency. 67 The facility shall not
require indigent detainees to pay for these types of calls if local, nor for non-local calls if there is
a compelling need. 68 In addition, the facility “shall enable all detainees to make calls to the
[ICE]-provided list of free legal service providers and consulates at no charge to the detainee or
the receiving party.” 69
BCP appears to meet this section of the Standards. Detainees are able to make calls to
legal service providers or to consulates at no charge. 70 The delegation observed notification in
each of the housing unit dayrooms, where the inmates can access the phones, which detailed the
procedure to place calls to consulates, immigration courts, ICE, and free legal service
providers. 71 The phone system requires a prisoner to have a BCP “Personal Identification
Number” in order to dial out. 72 Immigrant detainees must also use their respective Alien number
(“A number”) to be able to access the free calls provided by ICE mentioned above. 73 ICE
Officer Szalcyzyk provided the delegation with the Personal Identification Number and A
number of an actual immigrant detainee so that the delegation could place test calls. 74 The
delegation called the Australian Consulate using an actual inmate’s Alien number in order to test
the ability to dial out under actual conditions. The call went straight through. 75
3. Telephone Access to Legal Representatives
The Standards provide that the facility shall not restrict the number of calls a detainee
places to his/her legal representatives, nor limit the duration of such calls by automatic cutoff,
unless necessary for security purposes or to maintain orderly and fair access to telephones. 76 If
time limits are necessary, they shall be no shorter than 20 minutes. 77 The Standards require that

Detention Operations Manual, Detainee Services, Standard 16, Section III.E.

Notes of delegation members on conversation with Sgt.

Observations of delegation members

Notes of delegation members on conversation with Sgt.

Observations and notes of delegation member

Observations of delegation member

Detention Operations Manual, Detainee Services, Standard 16, Section F.

b6, b7C

and

b6, b7C

Page 9
September 7, 2007

the facility ensure privacy for detainees’ telephone calls regarding legal matters, and that calls
shall not be electronically monitored absent a court order. 78
BCP appears to meet this section of the Standards. Detainees are only able to make
private telephone calls by special request, because the phones where detainees make outgoing
calls are all located in the public dayrooms with no privacy safeguards. 79 The telephones are
hung from one of the dayroom walls out in the open. 80 In the dayrooms visited, the phones were
hung in adjourning pairs with a few feet of separation. 81 According to Sgt. b6, b7C phone
conversations made on the outgoing phones are not recorded or monitored. 82 Telephone calls at
BCP are supposed to be automatically disconnected after 20 minutes, but according to BCP
personnel, the phones no longer automatically shut-off. 83
There are opportunities at BCP for detainees to have private phone calls with attorneys, if
the calls are initiated by the attorney representing the detainee and are scheduled in advance. 84
The attorney teleconferences are held in BCP common interview offices; 85 the delegation did not
learn whether privacy is provided.
4. Incoming Calls and Messages
The Standards require that facilities take and deliver messages from attorneys and
emergency incoming telephone calls to detainees as promptly as possible. 86 If the facility
receives an emergency telephone call for a detainee, the Standards suggest that the facility obtain
the caller’s name and number and permit the detainee to return the emergency call as soon as
possible. 87
BCP appears to meet this section of the Standards. Incoming phone calls and
messages are accepted at BCP. 88 According to ICE Officer b6, b7C , ICE comes to BCP at least
78

Detention Operations Manual, Detainee Services, Standard 16, Section J.

Observations of delegation members

Observations of delegation members
and
b6
b6
and
, on conversation with Sgt.

and

b6, b7C

.
; and notes of delegation members
and Officer b6, b7C .

Notes of delegation members
b6, b7C .

and

, on conversation with Sgt.

b6, b7C

and Officer

Notes of delegation members
b6, b7C .

and

, on conversation with Sgt.

b6, b7C

and Officer

Notes of delegation members

and
b6

, on conversation with Sgt.

Notes of delegation members

Detention Operations Manual, Detainee Services, Standard 16, Section III.I.

Notes of delegation members

and

.
b6, b7C

, on conversation with Sgt.

, on conversation with Officer

b6, b7C

Page 10
September 7, 2007

weekly and will provide immigrant detainees with messages that ICE has received from legal
counsel. 89
5. Telephone Privileges in Special Management Unit
The Standards provide that detainees in the Special Management Unit (“SMU”) for
disciplinary reasons shall be permitted to make direct and/or free calls, except under compelling
security conditions. 90
BCP does not meet this section of the Standards. Detainees at BCP placed in the
SMU for disciplinary reasons do not have access to the telephones. 91
C. Access to Library and Legal Material
All facilities with detainees “shall permit detainees access to a law library, and provide
legal materials, facilities, equipment and document copying privileges, and the opportunity to
prepare legal documents.” 92
1. Library Access
The Standards suggest that each facility shall have a flexible schedule for law library use
that permits all detainees, regardless of housing or classification, to use the law library on a
regular basis. 93 Each detainee shall be permitted to use the law library for a minimum of five
hours per week. 94 Detainees housed in segregation units shall have the same law library access
as the general population, absent compelling security concerns. 95
BCP does not fully meet this section of the Standards; detainees in segregation do
not have access to the library. BCP permits all detainees except those in segregation to use the
law library during designated periods which alternate with recreation time periods.96 If the
designated time period is not sufficient, detainees may request additional law library time by
filing a request. 97 Detainees in segregation do not have access to the law library. 98
89

Notes of delegation members

Detention Operations Manual, Detainee Services, Standard 16, Section III.G.

Notes of delegation members

Detention Operations Manual, Detainee Services, Standard 1, Section I.

Detention Operations Manual, Detainee Services, Standard 1, Section III.G.

Detention Operations Manual, Detainee Services, Standard 1, Section III.M.

BCP Inmate Handbook, Sept. 2005, p. 11.

Notes of delegation members
b6, b7C

and

, on conversation with Sgt.

b6, b7C

, on conversation with ICE Officer

Page 11
September 7, 2007

2. Library Conditions
The Standards require that a facility provide a law library with sufficient space to
facilitate detainees’ legal research and writing. 99 Furthermore, it must be large enough “to
provide reasonable access to all detainees who request its use. It shall contain a sufficient
number of tables and chairs in a well-lit room, reasonably isolated from noisy areas.” 100
BCP meets this section of the Standards. BCP provides a law library which is well lit,
has ample space, and is well-isolated from noise and foot traffic. 101 The library provides access
to one computer, and contains three other tables and chairs in addition to those housing the
computer. 102 Additionally, the one library visited was located in an enclosed room away from
the cell blocks and was free of distractions and noise. 103
3. Materials Identified in the Detention Standards
The Standards require that all facility law libraries contain the materials listed in
Attachment A to the chapter on Access to Legal Materials. 104 These materials must be updated
regularly, and information must be added on significant regulatory and statutory changes
regarding detention and deportation of aliens in a timely manner. 105 Damaged or stolen
materials must be promptly replaced. 106
BCP does not fully meet this section of the Standards; legal materials are not
available in hard copy. BCP provides its detainees with access to legal materials on computer,
but most legal materials listed in Attachment A are unavailable in hard copy. 107 Only one
computer with LexisNexis research access is available within one of the wings in addition to the
library. 108 No other legal materials were available. 109

Notes of delegation, on conversation with Sgt.

Detention Operations Manual, Detainee Services, Standard 1, Section III.A.

b6, b7C

100

Detention Operations Manual, Detainee Services, Standard 1, Section III.A.

101

Observations of delegation members

102

Observations of delegation members

103

Observations of delegation members

104

Detention Operations Manual, Detainee Services, Standard 1, Section III.C.

105

Detention Operations Manual, Detainee Services, Standard 1, Section III.E.

106

Detention Operations Manual, Detainee Services, Standard 1, Section III.F.

107

Notes of delegation members

108

Observations of delegation members

109

b6
Observations and conversation between ICE Officer b6, b7C and delegation members
b6
confirm that immigration legal materials were not available in the library.

and

b6
b6

and

, on conversation with ICE Officer

b6, b7C

and

Page 12
September 7, 2007

4. Library Equipment and Supplies
The Standards require that facility law libraries provide an adequate number of
typewriters and/or computers, writing implements, paper, and office supplies to enable detainees
to prepare documents for legal proceedings. 110 Staff must inspect at least weekly to ensure
equipment is in working order and to stock sufficient supplies. 111 In addition, indigent detainees
must be provided free envelopes and stamps for legal mail. 112
BCP substantially meets this section of the Standards, although only one computer
is provided, which may not be sufficient. A single computer was provided, 113 which may not
be sufficient, particularly since most required legal materials are not available in hard copy.
Writing supplies are provided upon request, and indigent detainees are provided free envelopes
and stamps by ICE personnel. 114
5. Photocopies
The Standards provide that each facility shall ensure that detainees can obtain
photocopies of legal materials, when such copies are reasonable and necessary for legal
proceedings involving the detainee. 115 Enough copies must be provided so that a detainee can
fulfill court procedural rules and retain a copy for his records. 116
BCP meets this section of the Standards. Detainees at BCP may make copies of all
“legal, professional, and religious documents.” 117 The law librarian is to assist in obtaining
photocopies, and guidelines for obtaining photocopies are posted on each wing. 118 The law
librarians appear to be trustees.
6. Assistance From Other Detainees

110

Detention Operations Manual, Detainee Services, Standard 1, Section III.B.

111

Detention Operations Manual, Detainee Services, Standard 1, Section III.B.

112

Detention Operations Manual, Detainee Services, Standard 1, Section III.N.

113

Observations of delegation members

114

Notes of delegation members

115

Detention Operations Manual, Detainee Services, Standard 1, Section III.J.

116

Detention Operations Manual, Detainee Services, Standard 1, Section III.J.

117

BCP Inmate Handbook, Sept. 2005, p. 11. All non-indigent detainees may make copies of all “legal, professional
and religious documents” at a modest cost. Notes of delegation, on conversation with ICE Officers b6, b7C
and b6, b7C

118

BCP Inmate Handbook, Sept. 2005, p. 11.

and

b6
b6

and

b6
b6

, on conversation with ICE Officer

b6, b7C

Page 13
September 7, 2007

The Standards require that each facility permit detainees to assist other detainees in
researching and preparing legal documents upon request, except when such assistance poses a
security risk. 119
BCP appears to meet this section of the Standards. Detainees are allowed to at least
confer with others detainees during their library period, which is limited the people in their cell
block. 120 Additionally, BCP personnel emphasized that detainees often help each other on
research and writing issues in and outside of the library, and are provided with extra library time
or time to confer when filing deadlines are pending. 121
7. Notice to Detainees
The Standards require that the detainee handbook provide detainees with the rules and
procedures governing access to legal materials. 122
BCP meets this section of the Standards. The Handbook briefly outlines the
procedures for accessing the library and requesting materials. 123 Specifically, the Handbook
provides information related to checking legal research materials out of the law library, access to
research materials from the law library when a detainee is not eligible to go to the library in
person, required behavior in the library and consequences for unacceptable behavior in the law
library. 124
D. Group Rights Presentations
The Standards provide that facilities holding ICE detainees “shall permit authorized
persons to make presentations to groups of detainees for the purpose of informing them of U.S.
immigration law and procedures, consistent with the security and orderly operation of each
facility.” 125 Informational posters are to be prominently displayed in the housing units at least
forty-eight hours in advance of a scheduled presentation.126 While the presentations are open to
all detainees, the facility “may limit the number of detainees at a single session.” 127 “The facility
shall select and provide an environment conducive to the presentation, consistent with

119

Detention Operations Manual, Detainee Services, Standard 1, Section III.K.

120

Notes of delegation members

and
b6

, on conversation with ICE Officer
b6

Notes of delegation members

122

Detention Operations Manual, Detainee Services, Standard 1, Section III.K.

123

BCP Inmate Handbook, Sept. 2005, p. 11.

124

BCP Inmate Handbook, Sept. 2005, p. 11.

125

Detention Operations Manual, Detainee Services, Standard 9, Section I.

126

Detention Operations Manual, Detainee Services, Standard 9, Section III.C.

127

Detention Operations Manual, Detainee Services, Standard 9, Section III.C.

and

.
b6, b7C

121

, on conversation with ICE Officer

Page 14
September 7, 2007

security.” 128 In addition, detainees shall have regular opportunities to view an “INS-approved
videotaped presentation on legal rights.” 129
BCP does not fully meet this section of the Standards: there is no videotaped
presentation on legal rights. According to BCP personnel, there are no restrictions on group
rights presentations. 130 However, none are scheduled. 131 If requested by either inmates or
outside agencies, BCP personnel said group presentations would be permitted following
approval. 132 ICE personnel indicated that it is their understanding that no group has requested
the opportunity to conduct a group rights presentation at BCP. 133
The “Know Your Rights” video is not presented. 134
IV.

Other Provisions of the ICE Detention Standards
A. Correspondence and Other Mail

The Standards require that detainees be allowed to send and receive correspondence in a
timely manner, subject to limitations required for safety, security, and orderly operation of the
facility. 135 General correspondence shall normally be opened and inspected for contraband in the
presence of the detainee, but may be opened and even read outside the presence of the detainee if
security reasons exist for doing so. 136 Special correspondence—which includes all written
communication to or from attorneys, legal representatives, judges, courts, government officials,
and the news media—is treated differently. 137 Incoming special correspondence can be
inspected for contraband only in the presence of the detainee, but it can never be read or
copied. 138 Outgoing special correspondence may not be opened, inspected, or read. 139
The detainee handbook must specify how to address correspondence, the definition of
special correspondence and how it should be labeled, and the procedure for purchasing postage
128

Detention Operations Manual, Detainee Services, Standard 9, Section III.E.

129

Detention Operations Manual, Detainee Services, Standard 9, Section III.I.

130

Notes of delegation, on conversation with Sgt.

131

Notes of delegation members

132

Notes of delegation members

b6, b7C

and

, on conversation with ICE Officer

and
b6

, on conversation with ICE Officer
b6

b6, b7C

133

Notes of delegation members

and

, on conversation with ICE Officer

134

Notes of delegation members

and

, on conversation with ICE Officer

135

Detention Operations Manual, Detainee Services, Standard 3, Section I.

136

Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & E.

137

Detention Operations Manual, Detainee Services, Standard 3,III.B, E, & F.

138

Detention Operations Manual, Detainee Services, Standard 3, III.B & E.

139

Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & F.

Page 15
September 7, 2007

and rules for providing indigent detainees free postage. 140 The Standards also require that
facilities provide indigent detainees with free envelopes and stamps for mail related to a legal
matter, including correspondence to a legal representative, potential representative, or any court;
indigent detainees must be permitted to mail at least five pieces of special correspondence and
three pieces of general mail per week. 141 Finally, the Standards require that facilities notify
detainees of specific information regarding correspondence policies. 142
It is unclear whether BCP fully meets this section of the Standards: the information
in the handbook regarding postage for indigent detainees conflicts with information
provided by ICE. All mail but legal mail is opened and inspected for contraband, but is not
read. 143 Legal mail is also opened and inspected, but this is done in the presence of the
detainee. 144 Mail is delivered typically the day after its arrival. 145 Outgoing mail is typically
sent the same day the detainee submits it. 146 The handbook outlines how to address
correspondence, and defines the term “legal mail” as mail to elected officials, attorneys, and
officers of the court. 147 The correspondence procedures and limitations are also available to the
public. 148
According to Officer b6, b7C , indigent detainees are provided free envelopes and stamps
by ICE personnel. 149 However, according to the handbook, indigent “INS detainees” do not
receive the inmates’ “privilege” of being permitted to send up to five pieces of legal mail in
excess of the first class postage allowance per month. 150 Detainee mail specific to immigration
is placed into the “Immigration” box located in the housing unit. 151 ICE mails this
correspondence for the detainees, or it is mailed upon request. 152
B. Detainee Handbook
140

Detention Operations Manual, Detainee Services, Standard 3, Section III.B.

141

Detention Operations Manual, Detainee Services, Standard 3, Section III.I and Standard 1, Section III.N.

142

Detention Operations Manual, Detainee Services, Standard 3, Section III.B.

143

Notes of delegation member

144

BCP Inmate Handbook, Sept. 2005, Section 2.9.1; and notes of delegation member
conversation with Sgt. b6, b7C

145

Notes of delegation member

, on conversation with Sgt.

b6, b7C

Notes of delegation member

147

BCP Inmate Handbook, Sept. 2005, Section 2.9.

148

Friends and Family Guidelines.

149

Notes of delegation members

150

BCP Inmate Handbook, Sept. 2005, Section 2.9.2.

151

Observations of delegation member
conversation with ICE Officer
Notes of delegation member

, on

, on conversation with Sgt.
b6

146

152

b6, b7C

, on conversation with Sgt.

and

, on conversation with ICE Officer

and notes of delegation member

b6
b6, b7C

.
, on conversation with ICE Officer

b6, b7C

, on

Page 16
September 7, 2007

The Standards require that every Officer in Charge develop a site-specific detainee
handbook to serve as an overview of detention policies, rules, and procedures. 153 Every detainee
should receive a copy of the handbook upon admission to the facility. 154 The handbook will be
written in English and translated into Spanish and other prevalent languages as appropriate. 155
The handbook must include visitation hours and rules. 156 The handbook must notify detainees of
the facility correspondence policy. 157 The grievance section of the handbook must provide
notice of the opportunity to file both formal and informal grievances and the procedures for
filing grievances and appeals. 158 The handbook must provide notice of the facility’s rules of
conduct and the sanctions imposed. 159 It must advise detainees of rights including the right to
protection from abuse, right to freedom from discrimination, and right to pursue a grievance. 160
The handbook must also state that detainees have the opportunity to submit written questions,
requests, or concerns to ICE staff and the procedures for doing so. 161 The Officer in Charge will
provide a copy of the handbook to every staff member who has contact with detainees. 162
BCP does not meet this section of the Standards. The Handbook is the same
handbook provided to BCP inmates, and does not mention that written questions, requests,
or concerns may be submitted directly to ICE personnel, or include a procedure for
contacting ICE personnel. Detainees are provided with a copy of a Berks County Prison –
Inmate Handbook (Handbook), which is the same handbook provided to county inmates. 163
English and Spanish versions of the Handbook were provided to the delegation during the
tour. 164 The Handbook does not provide specific visitation hours, but indicates that inmates are
permitted two visits of at least 30 minutes in duration each week, and provides extensive
regulations related to approval of visitors. 165 The Handbook provides guidelines for facility
correspondence including incoming and outgoing mail, restrictions on mail and inspection of
mail. 166 The Handbook notifies detainees of the opportunity to file normal and “emergency” or
153

Detention Operations Manual, Detainee Services, Standard 6, Section I.

154

Detention Operations Manual, Detainee Services, Standard 6, Section I.

155

Detention Operations Manual, Detainee Services, Standard 6, Section III.E.

156

Detention Operations Manual, Detainee Services, Standard 17, Section III.B.

157

Detention Operations Manual, Detainee Services, Standard 3, Section III.B.

158

Detention Operations Manual, Detainee Services, Standard 5, Section III.G.

159

Detention Operations Manual, Security and Control, Standard 5, Section III.A.5.

160

Detention Operations Manual, Security and Control, Standard 5, Section III.A.5.

161

Detention Operations Manual, Detainee Services, Standard 15, Section III.B.3.

162

Detention Operations Manual, Detainee Services, Standard 6, Section III.H.

163

Notes of delegation members

164

Observations of delegation.

165

BCP Inmate Handbook, Sept. 2005, p. 6.

166

BCP Inmate Handbook, Sept. 2005, pp. 7-9.

and

, on conversation with Sgt.

b6, b7C

Page 17
September 7, 2007

“sensitive” grievances, but not specifically “formal” and “informal” grievances, and provides
explanation of a grievance appeals process.167 The Handbook indicates that a “Constituent
Services Officer” receives and answers all grievances. 168 BCP personnel indicated that
grievances for detainees are typically handled by BCP staff and ICE personnel become involved
if and when the BCP response is unsatisfactory to the detainee. 169
The Handbook provides notice to detainees of the facility’s rules and regulations and
disciplinary procedures for misconduct. 170 The Handbook indicates that detainees have the right
to “be addressed respectfully by staff,” “be free from corporal punishment, deliberate personal
injury, deliberate property damage, harassment, or use of excessive force by staff,” “have access
to a grievance system” and have additional rights and privileges. 171 The Handbook does not
state that detainees have the opportunity to submit written questions, requests, or concerns to ICE
staff or the procedures for doing so. 172
C. Recreation
The Standards require that all detainees have access to recreational programs and
activities, under conditions of security and safety. 173 Detainees should be housed in facilities
with outdoor recreation. 174 If a facility only provides indoor recreation, detainees must have
access for at least one hour per day, including exposure to natural light. 175 Detainees should
have access to “fixed and movable equipment,” including opportunities for cardiovascular
exercise, and games and television in dayrooms. 176 Under no circumstances will a facility
require detainees to forego law library privileges for recreation privileges. 177

167

BCP Inmate Handbook, Sept. 2005, pp. 32-34.

168

BCP Inmate Handbook, Sept. 2005, pp. 32-34.

169

Notes of delegation members
ICE Officer b6, b7C

170

BCP Inmate Handbook, Sept. 2005, pp. 23-31 and throughout Handbook.

171

BCP Inmate Handbook, Sept. 2005, pp. 2 & 3.

172

Observations of delegation members

173

Detention Operations Manual, Detainee Services, Standard 13, Section I.

174

Detention Operations Manual, Detainee Services, Standard 13, Section III.A, which also provides that “all new or
renegotiated contracts and IGSAs will stipulate that INS detainees have access to an outdoor recreation
area.”

175

Detention Operations Manual, Detainee Services, Standard 13, Section III.B.

176

Detention Operations Manual, Detainee Services, Standard 13, Section III.G.

177

Detention Operations Manual, Detainee Services, Standard 13, Section III.B.

and

, on conversation with ICE Officer

b6, b7C

and

Page 18
September 7, 2007

BCP appears to meet this section of the Standards. BCP has a common area for
indoor recreation, and an outdoor recreation fenced area is shared by pairs of housing units. 178
Only some of the indoor recreation areas in the housing units the delegation visited had windows
to the outside. 179 There is a basketball hoop outside, and the delegation observed detainees
playing basketball during the tour of housing unit H. 180 The indoor recreation room is a
dayroom, where detainees can watch television and use an exercise bench, without weights. 181
Detainees have access to natural sunlight either in their individual cells or in the dayroom. 182
The dayroom provides only minimal equipment for muscular exercise. 183
The detainees are permitted to use the recreation facilities generally twice a day, seven
days per week. 184 The periods are from 9:00 a.m. – 11:00 a.m., 2:15 p.m. – 4:15 p.m., and 7:00
p.m. – 9:00 p.m.. 185 The athletic facilities are the cell block dayroom and the outdoor area.186
Weather determines if the detainees are permitted access to outdoor recreation. 187 During
inclement weather, the detainees in some of the housing units have shorter recreation periods,
since the dayrooms are shared between two housing units. 188 It is unknown if inmates are
furnished with cold weather clothing for outdoor use. The dayrooms are shared on an alternating
basis by halves of each housing unit (cell block). 189 When the outdoor area is available, it is
accessible to all inmates of the housing unit. 190

178

Notes of delegation members

179

b6
Observations and notes of delegation members
H and A. Housing unit H did not have windows.

180

Observations of delegation members

181

Notes of delegation members

and
b6

and

Notes of delegation members

183

Observations of delegation members

184

Notes of delegation members
Sgt. b6, b7C and Officer

b6, b7C

Notes of delegation members
Sgt.
c and Officer
(b)(6), (b)(7)c

b6, b7C

Notes of delegation members
Sgt. b6, b7C and Officer

b6, b7C

186

on conversation with Sgt.

and

182

185

and

during tour of housing units

.
on conversation with Sgt.

b6, b7C

and

on conversation with Sgt.
and

b6, b7C

and

, on conversation with

and

on conversation with

and

, on conversation with

187

Notes of delegation members
housing unit A.

and

on conversation with Sgt.

b6, b7C

188

Notes of delegation members

and

, on conversation with Sgt.

b6, b7C

189

Notes of delegation members
Sgt. b6, b7C and Officer

and

on conversation with

b6, b7C

Notes of delegation members
Sgt. b6, b7C and Officer

and

on conversation with

b6, b7C

190

about

Page 19
September 7, 2007

There is also a common multi-purpose room at BCP that is occasionally used for intraBCP sports tournaments, and otherwise is used as a meeting area for detainees and their
attorneys or other legal service providers. 191
D. Access to Medical Care
The Standards require that all detainees have access to medical services that promote
detainee health and general well-being. 192 Each facility is required to have regularly scheduled
times, known as sick call, when medical personnel are available to see detainees who have
requested medical services. 193 For a facility of over 200 detainees, there must be sick call five
days per week. 194 Facilities must also have procedures in place to provide emergency medical
care for detainees who require it. 195 With respect to emergency care, the Standards state that in a
situation in which a detention officer is uncertain whether a detainee requires emergency medical
care, the officer should immediately contact a health care provider or an on-duty supervisor. 196
If a detainee is diagnosed as having a medical or psychiatric condition requiring special attention
(e.g., special diet), the medical care provider is required to notify the Officer in Charge in
writing. 197
The Standards require that detainees have an initial dental screening exam within 14 days
of the detainee’s arrival, and require the facility to provide emergency dental treatment and
repair of prosthetic appliances. 198
BCP does not fully meet this section of the Standards; BCP does not have regular
sick calls. All detainees at BCP are screened for medical issues upon their initial processing,
which takes place on the day of or shortly after they arrive at the facility. 199 Each detainee is
questioned regarding prior health history, current health, medical history, suicide risk, mental
health, drug and/or alcohol dependence, TB, dental health, and STD/communicable diseases. 200
If flags are raised the individual is referred to medical for attention. 201 HIV is not routinely

191

Notes of delegation members

192

Detention Operations Manual, Health Services, Standard 2, Section I.

193

Detention Operations Manual, Health Services, Standard 2, Section III.F.

194

Detention Operations Manual, Health Services, Standard 2, Section I.

195

Detention Operations Manual, Health Services, Standard 2, Section III.A, D, and G.

196

Detention Operations Manual, Health Services, Standard 2, Section III.H.

197

Detention Operations Manual, Health Services, Standard 2, Section III.J.

198

Detention Operations Manual, Health Services, Standard 2, Section III.E.

199

Notes of delegation, on conversation with ICE Officer

200

Notes of delegation, on conversation with ICE Officer

201

Notes of delegation, on conversation with ICE Officer

and

, on conversation with Sgt.

, Sgt.
b6, b7C

, Sgt.
, Sgt.

b6, b7C

and ICE Officer
b6, b7C

and ICE Officer
and ICE Officer

.
b6, b7C

.
.

Page 20
September 7, 2007

checked. 202 Those who are initially flagged as having some mental health issue, including
suicidal tendencies, may be kept separately and monitored closely by the staff. 203
BCP does not have regular sick calls, as required by the Standards. 204 However, on-site
medical facilities are available to all inmates who need them. 205 The delegation observed two
dental stations, and was informed that BCP provides dental screenings. 206 The delegation did
not speak with members of the medical staff.
E. Detainee Classification System
The Standards require that detention facilities use a classification system and physically
separate detainees into different categories. 207 Detainees must be assigned to the least restrictive
housing unit consistent with facility safety and security. 208 A detainee’s classification is to be
determined on “objective” criteria, including criminal offenses, escape attempts, institutional
disciplinary history, violent incidents, etc. 209 Opinions, unconfirmed and unverified information,
and physical characteristics and appearance are not to be taken into account. 210 Classification is
required in order to separate detainees with no or minimal criminal records from inmates with
serious criminal records. 211 Detainees with a history of assaultive or combative behavior are not
to be housed with non-assaultive detainees. 212
All facility classification systems shall allow classification levels to be re-determined and
include procedures by which new arrivals can appeal their classification levels. 213 Finally, the
detainee handbook’s section on classification must include (1) an explanation of the
classification levels, with the conditions and restrictions applicable to each, and (2) the
procedures by which a detainee may appeal his classification. 214

202

Notes of delegation, on conversation with ICE Officer

, Sgt.

and ICE Officer

203

Notes of delegation, on conversation with ICE Officer

, Sgt.

and ICE Officer

204

Notes of delegation, on conversation with ICE Officer

205

Notes of delegation, on conversation with ICE Officer

, Sgt.

and ICE Officer

206

Notes of delegation, on conversation with ICE Officer

, Sgt.

and ICE Officer

207

Detention Operations Manual, Detainee Services, Standard 4, Section I.

208

Detention Operations Manual, Detainee Services, Standard 4, Section III.F.

209

Detention Operations Manual, Detainee Services, Standard 4, Section III.D.

210

Detention Operations Manual, Detainee Services, Standard 4, Section III.D.

211

Detention Operations Manual, Detainee Services, Standard 4, Sections III.A & E.

212

Detention Operations Manual, Detainee Services, Standard 4, Section III.F.

213

Detention Operations Manual, Detainee Services, Standard 4, Sections III.G & H.

214

Detention Operations Manual, Detainee Services, Standard 4, Section III.I.

b6, b7C

, Sgt.

b6, b7C

and ICE Officer

b6, b7C

Page 21
September 7, 2007

BCP generally meets this section of the Standards; however, the Handbook does not
explain the procedure for appealing a classification. All detainees and inmates are classified
when they first arrive at the facility. 215 Within the first ten days, further classification occurs. 216
Classification is determined after the detainee or inmate has been quarantined from other
detainees and inmates for up to ten days. 217 Immigrant detainees are commingled in the general
prison population based upon respective BCP classifications for low, medium, and high risk.218
The Handbook explains the classification levels and the conditions and restrictions associated
with each, but it does not explain the procedure for appealing a classification. 219
F. Detainee Grievance Procedures
The Standards require that every facility develop and implement standard procedures for
handling detainee grievances and encourage that the facility initially seek to resolve grievances
informally before having to engage in a more formalized procedure. 220 Translating assistance
for both formal and informal grievances must be provided upon request. 221 All grievances must
receive supervisory review, include guarantees against reprisal, and allow for appeals. 222
BCP appears to meet this section of the Standards. According to BCP Sgt. b6, b7C if a
detainee has a grievance that cannot be resolved immediately, informally, he or she will ask an
officer for an “Inmate Communication Form.” 223 Upon completing and signing the form, the
detainee will put the form in a “Grievance” mail-box provided in the housing unit dayroom. 224
The grievance forms are taken to the on-duty Lieutenant who either directs the grievances to the
Chief Deputy Warden or to one of the four Sergeants who are on duty. 225 The Chief Deputy
Warden may act if the grievance appears to be an abuse of the grievance process or if she
determines that a particular response is necessary to address the grievance that supersedes the
215

BCP Inmate Handbook, Sept. 2005, p. 2 and pp. 19-22; notes of delegation members on conversation with Sgt.
b6, b7C

216

BCP Inmate Handbook, Sept. 2005, p. 2 and pp. 19-22; notes of delegation members on conversation with Sgt.
b6, b7C

217

BCP Inmate Handbook, Sept. 2005, p. 2 and pp. 19-22; notes of delegation members on conversation with Sgt.
b6, b7C .

218

Notes of delegation members
Sgt. b6, b7C and ICE Officer

and

b6
b6, b7C

, on conversation with

219

BCP Inmate Handbook, Sept. 2005, pp. 19-22.

220

Detention Operations Manual, Detainee Services, Standard 5, Sections I & III.A.

221

Detention Operations Manual, Detainee Services, Standard 5, Sections III.A.1 & 2.

222

Detention Operations Manual, Detainee Services, Standard 5, Sections I & III.C & D.

223

Notes of delegation members

224

BCP Inmate Communication Form; and notes of delegation members
conversation with Sgt. b6, b7C

225

Notes of delegation member

and

on conversation with Sgt.

b6, b7C

and

b6, b7C
b6

, on

Page 22
September 7, 2007

normal grievance process. 226 If the officer cannot resolve the detainee’s grievance, the officer
must go to the supervisor. 227 The supervisor must respond to the grievance in writing within
fifteen days, unless an investigation is needed. 228 BCP maintains hard copy records of
grievances for a number of years, and also records grievances electronically. 229 The detainee
keeps a copy of the grievance when filing it—since the grievance form is a three-piece carbon
form. 230
Grievances by immigrant detainees are only directed to ICE if the detainee notes an
immigration specific issue on the Inmate Communication form. 231 BCP and ICE personnel
noted that immigrant specific grievances are rare in recent history since there are so few
immigrant detainees and most grievances filed are similar to those of other BCP inmates. 232
The BCP Inmate Handbook provides that inmates should “first attempt to settle any
dispute or complaint on an informal basis with BCP Detention Facility Staff.” 233 Only after the
dispute cannot be resolved on an informal basis may an inmate request a grievance form from the
staff. 234 The BCP Inmate Handbook does not provide notice of the availability of assistance in
preparing a grievance, although BCP personnel informed us that assistance would be provided if
necessary. 235 The BCP Inmate Handbook explains the procedures for resolving a grievance and
the levels of appeal. 236 The BCP Inmate Handbook states that the grievance process is
“available to express complaints without the fear of reprisal or punitive disciplinary action.” 237
G. Disciplinary Policy
The Standards state that facility authorities “will impose disciplinary sanctions on any
detainee whose behavior is not in compliance with facility rules and procedures” in order “to
226

Notes of delegation member

227

Notes of delegation members

228

Notes of delegation members

229

Notes of delegation members

230

BCP Inmate Communication Form; and notes of delegation members
b6
on conversation with Sgt. b6, b7C

231

Notes of delegation members
Officer b6, b7C

and

, on conversation with Sgt.

b6, b7C

and ICE

232

Notes of delegation members
Officer b6, b7C .

and

, on conversation with Sgt.

b6, b7C

and ICE

233

BCP Inmate Handbook, Sept. 2005, pp. 31-34.

234

BCP Inmate Handbook, Sept. 2005, pp. 31-34.

235

Notes of delegation members

and

on conversation with Sgt.

b6, b7C

236

BCP Inmate Handbook, Sept. 2005, pp. 31-34.

237

BCP Inmate Handbook, Sept. 2005, p. 32.

on conversation with Sgt.
and

and

on conversation with Sgt.
b6

and

b6, b7C

on conversation with Sgt.

b6, b7C

on conversation with Sgt.
b6

and

Page 23
September 7, 2007

provide a safe and orderly living environment.” 238 Each facility holding ICE detainees must
have a detainee disciplinary system which has “progressive levels of reviews, appeals,
procedures, and documentation procedures.” 239 The disciplinary policy must clearly define
detainee rights and responsibilities, and any disciplinary action taken must not be capricious or
retaliatory. 240
The Detainee Handbook must notify detainees of the disciplinary process, the prohibited
acts and disciplinary severity scale, and the procedure for appeals.241 The handbook must also
notify detainees of specific rights, including the right to protection from abuse, harassment, and
discrimination, the right to pursue a grievance, and the right to due process, including prompt
resolution of a disciplinary matter. 242
The BCP substantially meets this section of the Standards, although the Handbook
does not advise detainees of their rights to protection from abuse, harassment, or
discrimination. When a rules violation occurs, a written report is filed. 243 If the violation is
considered minor, then an officer will talk with the detainee and come up with a punishment
based on the minor violation. 244
The Handbook does notify the detainees of the disciplinary process, the prohibited acts
and disciplinary severity scale, and the appeal procedure of disciplinary findings. 245 In addition,
the Handbook notifies detainees of the facility’s rules of conduct and the sanctions imposed for
the violation of these rules. 246 However, the Handbook does not advise the detainees of their
“right to protection from personal abuse, corporal punishment, unnecessary or excessive use of
force, personal injury, disease, property damage, and harassment” or their “right of freedom from
discrimination based on race, religion, national origin, sex, handicap, or political beliefs.” 247
H. Staff-Detainee Communication/ICE Presence at the Facility
The Standards require that procedures be in place “to allow for formal and informal
contact between key facility staff and ICE staff and ICE detainees and to permit detainees to
238

Detention Operations Manual, Security and Control, Standard 5, Section I.

239

Detention Operations Manual, Security and Control, Standard 5, Section III.A.1.

240

Detention Operations Manual, Security and Control, Standard 5, Section III.A.1 & A.2.

241

Detention Operations Manual, Security and Control, Standard 5, Section III.L.

242

Detention Operations Manual, Security and Control, Standard 5, Section III.A.5.

243

Notes of delegation member

on conversation with Sgt.

.
b6, b7C

244

Notes of delegation member

245

BCP Inmate Handbook, Sept. 2005, Sections 7 & 8.

246

BCP Inmate Handbook, Sept. 2005, Section 8.

247

Detention Operations Manual, Security and Control, Standard 5, Sections III.A.5.a & b.

on conversation with Sgt.

Page 24
September 7, 2007

make written requests to ICE staff and receive an answer in an acceptable time frame.” 248 The
Standards suggest that both weekly visits be conducted by ICE personnel and that “regular
unannounced (not scheduled) visits” be conducted by the ICE OIC, the Assistant OIC, and
designated department heads. 249 Unannounced visits to the facility’s housing areas must be
conducted on a regular basis. 250 The purpose of such visits is to monitor housing conditions,
interview detainees, review records, and answer questions for detainees who do not comprehend
the immigration removal process. 251 The Standards also require that detainees “have the
opportunity to submit written questions, requests, or concerns to ICE staff,” which “shall be
delivered to ICE staff by authorized personnel (not detainees) without reading, altering, or
delay.” 252 All facilities that house ICE detainees must have “written procedures to route detainee
requests to the appropriate ICE official” and must assist detainees “who are disabled, illiterate, or
know little or no English.” 253 Moreover, the Standards suggest that detainee requests be
forwarded to the appropriate ICE office within 72 hours and “answered as soon as possible or
practicable, but not later than 72 hours from receiving the request.” 254
BCP appears to meet this section of the Standards. An ICE officer makes weekly,
unannounced visits to the BCP. 255 Each week, he comes at a different time. 256 The ICE officer
will also come whenever he is requested. 257 The BCP provides specific immigration forms for
the detainees to fill out if they want to speak to someone from ICE. 258 Detainees can request
forms from the Officer on Duty for communication with ICE. 259 It was unclear to the delegation
whether BCP has written procedures for this, but the officers suggested that the detainees were
aware of this option and that the officers knew how to and were diligent in processing the
requests. 260

I. Religious Practices
248

Detention Operations Manual, Detainee Services, Standard 15, Section I.

249

Detention Operations Manual, Detainee Services, Standard 15, Section III.A.

250

Detention Operations Manual, Detainee Services, Standard 15, Section III.A.1.

251

Detention Operations Manual, Detainee Services, Standard 15, Section III.A.

252

Detention Operations Manual, Detainee Services, Standard 15, Section III.B.

253

Detention Operations Manual, Detainee Services, Standard 15, Section III.B.

254

Detention Operations Manual, Detainee Services, Standard 15, Section III.B.1.

255

Notes of delegation, on conversation with ICE Officer

256

Notes of delegation, on conversation with ICE Officer

and Sgt.
and Sgt.

Notes of delegation, on conversation with ICE Officer

and Sgt.

258

Notes of delegation, on conversation with ICE Officer
Form is attached).

and Sgt.

260

Notes of delegation, on conversation with ICE Officer
Notes of delegation, on conversation with ICE Officer

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b6, b7C

.
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257

259

and Sgt.
and Sgt.

.
(a Detainee Written Request
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Page 25
September 7, 2007

The Standards require that detainees of different religious beliefs be provided with
reasonable and equitable opportunities to participate in the practices of their respective faiths. 261
According to the Standards, these opportunities will exist for all equally, regardless of the
number of practitioners of a given religion, whether the religion is ‘mainstream,’ whether the
religion is ‘Western’ or ‘Eastern,’ or other such factors.” 262 “Opportunities will be constrained
only by concerns about safety, security, the orderly operation of the facility, or extraordinary
costs associated with a specific practice.” 263 Moreover, a facility’s staff shall make “all
reasonable efforts to accommodate” special food services required by a detainee’s particular
religion. 264 Detainees in confinement must also be permitted to participate in religious practices,
consistent with the safety, security, and orderly operation of the facility. 265
BCP appears to meet this section of the Standards. Detainees are permitted to keep a
certain number of personal items in their cells, which may include a Bible, Koran, rosary,
religious medallions, or other similar articles. 266 The prison chaplain keeps a library of various
religious materials available to detainees. 267 In addition, several religious organizations
regularly visit the prison to lead worship, including a Christian fellowship group and a Muslim
prayer group. 268 Regular masses and Juma (Muslim Friday prayer) services are also held. 269
Any detainee wishing to participate may sign up. 270 Detainees are limited to attending only one
service per week. 271 Religious dietary needs of detainees are also accommodated. Specially
prepared meals catering to religious practice are brought to detainees approximately one-half
hour prior to the arrival of the food carts in the housing units. 272
J. Voluntary Work Program
The Standards suggest that all facilities with work programs provide an opportunity for
physically and mentally capable detainees to “work and earn money.” 273 Participation must be
261

Detention Operations Manual, Detainee Services, Standard 14, Section I.

262

Detention Operations Manual, Detainee Services, Standard 14, Section I.

263

Detention Operations Manual, Detainee Services, Standard 14, Section I.

264

Detention Operations Manual, Detainee Services, Standard 14, Section III.M.

265

Detention Operations Manual, Detainee Services, Standard 14, Section III.O.

266

b6
Observations of delegation member
b6
, on conversation with Sgt.

of housing unit postings; and notes of delegation member
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267

BCP Inmate Handbook, Sept. 2005, Section 5.3.

268

Notes of delegation member

269

Observations of delegation member

270

Notes of delegation member

271

BCP Inmate Handbook, Sept. 2005, Section 5.3.

272

Notes of delegation member

273

Detention Operations Manual, Detainee Services, Standard 37, Sections I & III.A.

, on conversation with Sgt.
b6

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of housing unit postings.

, on conversation with Sgt.

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Page 26
September 7, 2007

voluntary, and detainees may not work more than eight hours per day, and forty hours per
week. 274
BCP appears to meet this section of the Standards. Detainees are apparently provided
an opportunity to work in the facility should they choose to do so. 275 Detainees are permitted to
participate in a work program within the prison, but it was noted that BCP did not have enough
jobs to cover the number of detainees looking for work. 276 Detainees may work in the laundry
room and the kitchen, or serve as a translator, barber or maintenance worker. 277 Detainees with
physical or mental handicaps are afforded the opportunity to work. 278 Detainees are
compensated for their work. 279
V.

CONCLUSION

The Berks County Prison Detention Facility meets the requirements of many of the ICE
Detention Standards but fails to meet several portions of the Standards.
BCP should post information specific to attorney visitation and make it available to
detainees. BCP should insure that all attorney/detainee meetings are held in an area where
confidentiality can be maintained.
In order to fully provide legal access for all detainees, detainees in segregation should be
given access to telephones for legal calls, and access to the law library.
ICE should provide to BCP hard copies of immigration-specific materials for use in the
library in units housing the detainees.
In order to make detainees fully aware of their rights, BCP should present the “Know
Your Rights” video to all detainees. ICE should ensure that BCP has this video.
ICE should prepare a specific immigration detainee handbook or supplement for BCP
that provides information specific to ICE detainees. Specifically, the immigration detainee
handbook should indicate the detainee’s opportunity to submit written questions, requests or
concerns to ICE staff and the procedures for doing so.

274

Detention Operations Manual, Detainee Services, Standard 37, Sections III.A & H.

275

Notes of delegation, on conversation with Sgt.

276

Notes of delegation, on conversation with Sgt.

277

Notes of delegation, on conversation with Sgt.

278

Notes of the delegation, on conversation with Sgt.

279

Notes of delegation, on conversation with Sgt.

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Delegation Report

Source

Standard 17, Visitation
 III.B. The facility shall provide written notification of
visitation rules and hours in the detainee handbook, or
equivalent …. The facility shall also post these rules
and hours where detainees can easily see them.



No attorney visiting hours were posted on the
walls, and the Inmate Handbook does not include
any special regulations or information regarding
visits by legal representatives. (p.4 ¶2)

Delegation
observations;
BCP Inmate
Handbook

Standard 16, Telephone Access
 III.G. Staff shall permit detainees in the Special
Management Unit for disciplinary reasons to make
direct and/or free calls … except under compelling
security conditions. These conditions shall be
documented…. Staff shall permit detainees in Special
Management Unit for other than disciplinary
reasons…to have telephone access similar to detainees
in the general population ….
Security and Control Standard 14 (Disciplinary
Segregation)
 III.D.19. [D]etainees in disciplinary segregation shall
be restricted to telephone calls for the following
purposes: a. calls relating to the detainee’s
immigration case or other legal matters …; b. calls to
consular/embassy officials; and c. family emergencies
….
Standard 1, Access to Legal Material
 III.B. Equipment. The law library shall provide an
adequate number of typewriters and/or computers,
writing implements, paper and office supplies to
enable detainees to prepare documents for legal
proceedings.
Standard 1, Access to Legal Material
 III.C. The law library shall contain the materials listed in
Attachment A.



Detainees placed in the SMU for disciplinary
reasons do not have access to telephones. (p.10
¶3)

Sgt.



A single computer was provided, which may not
be sufficient, particularly since most required
legal materials are not available in hard copy.
(p.12 ¶2)

Delegation
observations



BCP provides its detainees with access to legal
materials on computer, but most legal materials
listed in Attachment A are unavailable in hard copy.
(p.11 ¶4)

Delegation
observations

ABA Commission on Immigration - Detention Standards Implementation Initiative

ICE Response

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ICE Standard*

Facility Name: BERKS COUNTY PRISON, Leesport, Pennsylvania
Date of Tour: July 24, 2007
,
,
,
, and
.
Tour Participants: Akin Gump Strauss Hauer & Feld, LLP attorneys
*Standards are Detainee Services Standards unless otherwise indicated. Standards excerpts are typed verbatim. Issues are generally listed in their order from the Report.
Report comments in bold are priority issues for ICE-ABA discussion.

4/1/08

Sgt.



The “Know Your Rights” video is not presented.
(p.14 ¶3)

ICE Officer



The handbook does not state that detainees have the
opportunity to submit written questions, requests, or
concerns to ICE staff or the procedures for doing so.
(p.17 ¶2)

BCP Inmate
Handbook



BCP does not have regular sick calls. However,
officials stated that on-site medical facilities are
available to all who need them. (p.20 ¶2)

Officer
,
Sgt.
and
ICE Officer



The handbook does not explain the procedure for
appealing a classification. (p.21 ¶1)

BCP Inmate
Handbook

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ABA Commission on Immigration - Detention Standards Implementation Initiative

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Detainees in segregation do not have access to the
law library. (p.10 ¶6)

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

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Standard 1, Access to Legal Material
 III.M. Detainees housed in … Segregation units shall
have the same law library access as the general
population, unless compelling security concerns
require limitations.
Standard 9, Group Presentations on Legal Rights
 III.I. Videotaped presentations. The facility shall play
[ICE]-approved videotaped presentations on legal
rights, at the request of outside organizations. … The
facility shall provide regular opportunities for
detainees in the general population to view the
videotape.
Standard 15, Staff-Detainee Communication
 III.B.3. Detainee Handbook. … The handbook shall state
that the detainee has the opportunity to submit written
questions, requests, or concerns to ICE staff and the
procedures for doing so ….
Health Services Standard 2, Medical Care
 III.F. Each facility will have a mechanism that allows
detainees the opportunity to request health care services
provided by a physician or other qualified medical
officers in a clinical setting. All facilities must have a
procedure in place to ensure that all request slips are
received by the medical facility in a timely manner….
Each facility will have regularly scheduled times, known
as sick call, when medical personnel will be available to
see detainees who have requested medical services.
Standard 4, Detainee Classification System
 III.I. The detainee handbook’s section on classification
will include the following: 1. An explanation of the
classification levels with the conditions and restrictions
applicable to each. 2. The procedures by which a detainee
may appeal his/her classification.

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4/1/08

10. Security and Control Standard 5, Disciplinary Policy
 III.A.5. The detainee handbook or equivalent, issued to
each detainee upon admittance, shall provide notice of the
facility’s rules of conduct …. Among other things, the
handbook shall advise detainees of the following: a. The
right to protection from personal abuse, corporal
punishment, unnecessary or excessive use of force,
personal injury, disease, property damage, and
harassment; b. The right of freedom from discrimination
based on race, religion, national origin, sex, handicap, or
political beliefs;...



The handbook does not advise detainees of their
“right to protection from personal abuse, corporal
punishment, unnecessary or excessive use of force,
personal injury, disease, property damage, and
harassment” or their “right of freedom from
discrimination based on race, religion, national
origin, sex, handicap, or political beliefs.” (p.23 ¶4)

ABA Commission on Immigration - Detention Standards Implementation Initiative

BCP Inmate
Handbook

4/1/08

Disciplinary Self-Help Litigation Manual - Side