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MEMORANDUM

Moscow

Tokyo

August 23, 2005

New Jersey

Washington, D.C.

To:
From:
Copies to:
Subject:

John P. Torres, Acting Director, Office of Detention and Removal, Immigration and
Customs Enforcement
American Bar Association Delegation to the Dodge County Detention Facility1
(b)(6)
, Associate Director, ABA Commission on Immigration
Report on Observational Tour of the Dodge County Detention Facility, Juneau,
Wisconsin

This memorandum summarizes and evaluates information gathered at the Dodge County
Detention Facility (“DCDF” or “the Facility”) in Juneau, Wisconsin, during the delegation’s July
20, 2005 visit to the Facility. The information was gathered via observation of the Facility by
the delegation, interviews with three detainees, and discussions with DCDF and Immigration and
Customs Enforcement (“ICE”) personnel.

I.

ICE DETENTION STANDARDS

In November 2000, the Immigration and Naturalization Service (INS),2 promulgated the
“INS Detention Standards” to ensure the “safe, secure and humane treatment” of immigration
detainees. The thirty-eight standards contained in the Detention Operations Manual cover a
broad spectrum of issues ranging from visitation policies to grievance procedures and food
service. 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
1

The delegation was comprised of attorneys and summer associates from the Chicago office of Latham & Watkins
LLP, including
(b)(6)
(b)(6)

2

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

Office or Officer-in-Charge has discretion to promulgate polices and practices affording ICE
detainees more enhanced rights and protections, beyond those provided for by the Standards.

II.

INTRODUCTION
A.

The Delegation’s July 20th Visit.

On Wednesday, July 20, 2005, the members of our delegation met with several members
of DCDF’s staff and a representative from the ICE office in Juneau, Wisconsin. Supervisor
(b)(6), (b)(7)c
Officer (b)(6), (b)(7)c , and ICE Deportation Officer/Jail Liaison Officer(b)(6), (b)(7)c
(b)(6), (b)(7)c
led our delegation on a tour of the facilities. The delegation also met with other
DCDF personnel along the tour. The delegation appreciates the cooperation of these individuals.
They were direct and accommodating during our tour of the Facility and in response to post-tour
requests for additional information.
Our report is based on the discussions we had with these DCDF and ICE employees, as
well as observations of the Facility and interviews with three immigration detainees. In many
instances, the detainees’ reports were compatible with statements made by Facility personnel
and/or our observations. In such cases, the delegation was able to more accurately determine
whether DCDF policy and procedures successfully implemented the Standards. However, in
certain instances, the detainees’ reports conflicted with statements made by Facility personnel.
Where we were unable to verify the conflicting reports, the delegation was unable to
conclusively determine Standards implementation.
B.

General Information About the Dodge County Detention Facility.

The Dodge County Detention Facility houses federal immigration detainees according to
an intergovernmental service agreement (“IGSA”) with ICE. According to the DCDF personnel,
the Facility has the capacity to hold over 400 individuals, with a current population of 400,
which includes 64 work release inmates.3 77 of the 400 inmates currently housed in DCDF are
immigration detainees.4
DCDF houses mostly males. At the time of our visit the Facility personnel estimated that
there were only one or two female immigration detainees housed there.5
Further, the Facility personnel said that the Facility housed immigration detainees from
many different countries, but the majority were from Mexico, Russia, the Ukraine and Poland.6
It is unclear exactly how many of the immigration detainees housed at DCDF have
criminal records, although it appears from our discussions with DCDF personnel that some have
prior criminal records, while some do not.7
3

(b)(6)
Notes of delegation member
, on conversation with Officer(b)(6), (b)(7)cLocation List of Inmates as
of July 20, 2005 provided by DCDF personnel.

4

Notes of delegation member

5

Notes of delegation member

, on conversation with Officer
(b)(6)

, on conversation with Officer

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

and Supervisor

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

6

Notes of delegation member

, on conversation with Officer

2

and Supervisor

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

III.

IMPLEMENTATION OF LEGAL ACCESS STANDARDS
A.

Legal Access/Visitation.
1.

Visitation by Attorneys

The Standards require facilities to permit legal visitation seven days per week.8
Attorneys should have access to their clients a minimum of eight hours per day during the week
and four hours per day during the weekend and on holidays.9 The visits must be private and
should not be interrupted for head counts.10 Facilities should establish a procedure by which
attorneys may call to determine whether a detainee is housed in a particular facility.11 Detention
centers are required to permit visits from attorneys, other legal representatives, legal assistants,
and interpreters.12
DCDF has implemented most of this section of the Standards. Attorneys may visit the
detainees seven days per week, and are also offered the option of telephone conferences with
their clients.13 The attorney must initiate these phone calls, and DCDF staff does not monitor
them.14 The Facility has videoconferencing equipment so that a detainee and his attorney may
conduct court hearings without leaving the premises.15
The information given in the “DCDF Inmate Handbook and Jail Rules” (the “DCDF
Inmate Handbook”) differs from the information that the Facility staff provided during the tour.16
According to the Handbook, attorney visits are not permitted during mealtime and lockdown.17
However, the Facility staff explained that attorney-client visits may take place at any time of
day, regardless of what else is going on in the Facility.18 According to the staff, the kitchen will
provide a regular meal to the detainee should an attorney visit continue through a meal.19 Last
year’s ABA delegation report indicated that visits during mealtimes and headcounts were
7

Notes of delegation member

8

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

9

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

(b)(6)

on conversation with Officer

10

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

11

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.6.

12

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.3.

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

and Supervisor

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

13

Dodge County Detention Facility Inmate Handbook and Jail Rules (“DCDF Inmate Handbook”), p. 3; Notes of
(b)(6)
(b)(6)
delegation member
on conversation with Supervisor

14
15

Notes of delegation member
Notes of delegation member

on conversation with Supervisor
(b)(6)

(b)(6)

on conversation with Supervisor

16

It should be noted here that the DCDF Inmate Handbook is not specific to immigration detainees and therefore
does not reflect any policies or procedures that the Facility may have implemented which are specific to detainees
and different from those for the general inmate population.

17

DCDF Inmate Handbook, p. 3 and 16.

18

Notes of delegation member

19

on conversation with Supervisor
(b)(6)

(b)(6)

Notes of delegation member

on conversation with Supervisor

3

discouraged by the staff,20 but neither the staff nor any of the detainees interviewed said that this
was the case.
Three detainees were interviewed about their experiences with attorney visitation. One
said his attorney had visited him, and the other two said theirs had not.21 One of these two said
that his attorney was a three hour drive away, and thus did not find it practical to visit him.22 The
delegation believes the remote location of the facility is the biggest obstacle to legal visitation.
None of the detainees interviewed said they had encountered any obstacles to such visitations
from DCDF staff.
All of the pods have attorney visitation booths.23 All visits are non-contact, unless
special circumstances warrant a contact visit.24 There is a Plexiglas divider between the detainee
and the attorney.25 Attorneys are not searched, and detainees are only subject to a pat down
search after a legal visit.26 Detainees and attorneys can pass paper back and forth to each other
in the attorney visitation booths; however, a guard’s assistance is required to unlock the divider
between them each time paper is transferred.27
Attorneys may call DCDF to determine whether their client is being housed at the
Facility.28 DCDF has the capability to search for detainees by name, although they are not
permitted to disclose information beyond whether the detainee is at the Facility.29
2.

Visitation by Family and Friends

The Standards require facilities to establish written visitation hours and procedures and
make these available to the public.30 This includes procedures for handling incoming money for
detainees.31 The visiting area is to be “appropriately furnished and . . . as comfortable and
pleasant as practicable.”32 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.33 Visits should be at least 30 minutes and longer when possible.34 If a
20

2004 Report, part III A. 1.

21

Notes of delegation members

22

Notes of delegation member

23

Notes of delegation member

24

Notes of delegation member

25

Notes of delegation member

26

Notes of delegation member

on conversation with Supervisor

27

Notes of delegation member

, on conversation with Supervisor

28

Notes of delegation member

29

Notes of delegation member

30

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

31

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

32

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

33

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

(b)(6)

(b)(6)

on conversation with Supervisor
(b)(6), (b)(7)c

(b)(6)

(b)(6)

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

on conversation with Supervisor
(b)(6), (b)(7)c

on conversation with Supervisor

4

facility does not provide for visits from minors, then ICE should arrange for visits with children
or stepchildren within the detainee’s first 30 days at the facility, with continuing monthly visits.35
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.36
DCDF has implemented most of this section of the Standards. The visitation schedule
is clearly posted at the entrance to the Facility,37 is available over the phone,38 and is posted on
the DCDF website.39 Visiting hours are seven days per week, from 9:00 a.m. until 11:00 a.m.,
and again from 6:00 p.m. until 8:00 p.m.40 However, visitation days are allocated according to
the first letter of each detainee’s last name such that each detainee may receive visitors two days
per week.41 The Inmate Handbook caps the number of visits to two per week, and one per day.42
The schedule ensures that each detainee may receive visitors either on Saturday or Sunday.43
DCDF generally confines visits to these hours, but supervisors may adjust the schedule if a
detainee’s visitors face a particular hardship.44 Visits are limited to 30 minutes for most
prisoners, although the time can be extended by up to an hour depending on behavior.45 All
visits are non-contact.46
Depending on the reason for segregation and a detainee’s behavior, a detainee in
segregation may receive visitors.47
Although the Standards do not cap the number of visitors, DCDF requires each detainee
to submit a list of 12 individuals in order to receive them as visitors.48 The detainees may make
periodic changes to their list.49 Minors may be included on this list, and may visit if
accompanied by an adult or if the minor is the spouse or child of the visitor.50

34

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

35

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

36

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

37

Notes of delegation member

38

Notes of delegation member

39

http://www.dodgecountysheriff.com/detention.cfm.

40

DCDF Inmate Visiting Schedule; DCDF Inmate Handbook, p. 16.

41

DCDF Inmate Visiting Schedule; DCDF Inmate Handbook, p. 16.

42

DCDF Inmate Handbook, p. 17.

43

DCDF Inmate Visiting Schedule; DCDF Inmate Handbook, p. 16.

44

DCDF Inmate Handbook, p. 17.

45

DCDF Inmate Handbook, p. 17; Detention Operations Manual, Detainee Services, Standard 1, Section III.H.1.

46

Notes of delegation member

(b)(6)

on telephone call to

(b)(6)

on conversation with Supervisor
(b)(6)

47

Notes of delegation member

48

DCDF Inmate Handbook, p. 17.

49

DCDF Inmate Handbook, p. 17.

50

DCDF Inmate Handbook, p. 17.

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

on conversation with Supervisor

5

Visitors may leave money for a detainee’s commissary account or send money to the
detainee through the mail.51 Both the detainee and the individual providing the money will
receive a receipt for the deposit.52
None of the detainees with whom we spoke reported receiving any visits from anyone
other than their attorneys. One detainee complained that the visiting hours were too short and
said he did not know anything about making special accommodations for family members who
must travel a great distance.53 He also complained that he was not able to receive one particular
visitor because the Facility required that the detainee have detailed information about the visitor
that the detainee did not possess. However, it was unclear what information was required.54 The
Inmate Visitor List Form requires visitor information including full name and address, city and
state of birth, citizenship status, social security number, and driver’s license number.55 The
delegation is again concerned that the location of the facility may be an obstacle for potential
visitors. The delegation is also concerned about the possibility that detailed information about a
visitor is required and is impeding full implementation of the Standards. However, the
delegation does not have sufficient information to make any conclusion regarding this issue.
B.

Telephone Access.
1.

General Requirements

The Standards require facilities to provide detainees with reasonable and equitable access
to telephones during established facility waking hours.56 In order to meet this requirement,
facilities must provide at least one telephone for every 25 detainees.57
DCDF has implemented this portion of the Standards. Each housing unit has its own
set of phones and the ratio is approximately one phone per 7 inmates.58 There are currently 51
phones at DCDF and 12 phones in each housing unit.59 The telephones are accessible during
open dayroom periods depending on the detainee’s classification Phase ranking.60 Open
dayroom period exists daily at DCDF except for the following approximate times: 11:30 a.m. to

51

Notes of delegation member

on conversation with Supervisor
(b)(6), (b)(7)c

(b)(6)

52

Notes of delegation member

53

Notes of delegation member

on conversation with Supervisor
on conversation with
(b)(6)

(b)(6)

54

Notes of delegation member

55

Dodge County Detention Facility, Inmate Visitor List Form (DCDF #664-0900).

56

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

57

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

on conversation with

58

It is more difficult to compute phones per detainee than phones per inmate since the detainees are spread
throughout the housing units at any given time. As of July 20, 2005, there were 77 ICE detainees out of the 400
inmates at DCDF. Notes from delegation member John C. Ayres, on conversation with Supervisor (b)(6) and
Supervisor(b)(6), (b)(7)c
59

Notes of delegation member

60

DCDF Inmate Handbook, p. 16.

(b)(6)

on conversation with Supervisor

6

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

12 p.m., 1:50 p.m. to 2:30 p.m., 4:30 p.m. to 5 p.m., and 9:30 p.m. to 6:30 a.m.61 Detainee
classification Phase rankings vary from 1 (most restrictive) to 3 (least restrictive) and depend on
both past criminal history as well as how the detainee acts while in jail. Evaluations occur every
14 days and based on those evaluations, rankings can be adjusted.62
Instructions regarding usage of the phones are posted next to the phones in both English
and Spanish. Similarly, the phone numbers of local consulates are posted by each phone or bank
of phones in the Facility.63
2.

Direct vs. Collect Calls

The Standards allow facilities to generally restrict calls to collect calls;64 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 or when the detainee can
otherwise demonstrate a compelling need.65 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.66 In
addition, the facility must allow all detainees to make calls to the ICE list of free legal service
providers and consulates at no charge to the detainee or the receiving party.67
DCDF has not fully implemented this section of the Standards. DCDF restricts phone
calls to collect calls and calls to consular offices (see below).68 The detainees are allowed to buy
phone cards,69 but all calls are limited to 15 minutes in duration and cost a minimum of $3.95
(maximum of $4.99) to connect plus anywhere from $0.10 to $.89 per minute per call.70 The
collect calls are similarly expensive.71 This limit places severe restrictions on the detainees’
ability to make calls to family, attorneys, legal organizations and immigration advocacy
organizations.
The only instance in which a detainee can make a free direct call is to consular officials.
There is a pro bono direct line, reached by dialing 920-555-1234, that connects through ICE and

61

Notes of delegation member

62

Notes of delegation member

63

Notes of delegation member

64

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

65

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

66

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

67

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

68

DCDF Inmate Handbook, p. 16.

69

Notes of delegation member

70

on conversation with Officer
(b)(6)

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

on conversation with Supervisor

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

on observation of phone banks in housing units.

(b)(6)

Notes of delegation member
to each inmate upon arrival at DCDF.

on conversation with Officer

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

on conversation with Supervisor

71

(b)(6)

and PIN card that is given

Pin card given to each inmate upon arrival at DCDF provides all of the collect, prepaid, and debit rates for Local,
IntraLata, IntraState, Interstate, and International calls (a Detainee Pin card is attached as Exhibit A).

7

has different consulates on speed dial.72 The delegation was not able to test this direct line as it
required an alien registration number.73 The delegation is concerned that this practice may
sharply curtail the detainee’s access to his or her legal rights and his or her ability to work on his
or her own immigration case.
Also, during the interviews with the detainees it was reported that the telephone service
provider, Inmate Calling Solutions (“ICS”), is very restrictive in what numbers can be called
collect.74 In many circumstances, the person or organization that is being called collect must
first set up an account with ICS because ICS does not work with many other carriers.75 The
Midwest Immigrant and Human Rights Center (“MIHRC”), one of the biggest area legal service
(b)(6), (b)(7)c
providers, cannot accept collect calls from the Facility.76 Detainee
told the
delegation of his experience having to write to his attorneys and wait for them to call him back,
which negatively impacted his case.77 The delegation is concerned that the detainees’ inability to
call legal service providers, government offices, and courts makes access to the detainee’s legal
rights very difficult.
3.

Telephone Usage Restrictions

The Standards also require that the facility 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.78 If
time limits are necessary, they shall be no shorter than 20 minutes.79
All phone calls made by a detainee from a common area phone are automatically
disconnected after 15 minutes.80 This limitation does not appear to be for security purposes or to
maintain orderly and fair access to the telephones. Consequently, the unrestricted access to
legal calls is not being met at DCDF. Detainees are allowed to make as many calls as they

72

Notes of delegation member

(b)(6)

, on conversation with Officer

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

73

Attorneys at various immigrant advocacy agencies have expressed concern about these pro bono direct lines,
reiterating feedback from detainees stating that the pro bono direct lines often do not work and that the instructions
(b)(6)
one must follow to use the lines are very confusing, on conversation with
Legal Assistance Foundation
of Metropolitan Chicago, 312-341- (b)(2)Low

74

(b)(6)
Notes of delegation member
on interview with detainee
(b)(6)
Number: (b)(6), (b)(7)c ; and Notes of delegation members
(b)(6), (b)(7)c
detainee
Alien Registration Number: (b)(7)c

75

Notes of delegation member

n conversation with Supervisor

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

Alien Registration
on interview with

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

(b)(6)

76

Notes of delegation member

77

Notes of delegation member

on conversation with detainee
(b)(6), (b)(7)c
(b)(6)

on conversation with detainee

78

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

79

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

80

DCDF Inmate Handbook, p. 16.

8

would like during their open dayroom period if other inmates are not waiting to use the phone,
assuming they can afford to pay for them or the recipient of the collect call will accept.81
4.

Privacy for Telephone Calls on Legal Matters

In addition, the Standards require that the facility ensure privacy for detainees’ telephone
calls regarding legal matters.82 DCDF has not fully implemented this portion of the
Standards. The phones where detainees make outgoing calls are all located in the public
dayrooms with no privacy safeguards whatsoever. They are out in the open and there are no
partitions. At the very least the phone conversations can be overheard by other detainees and
inmates in the housing unit, as well as supervisors in the dayrooms. Also, all phone
conversations made on the outgoing phones are recorded and monitored.83
It should be noted, however, that there are opportunities at DCDF for detainees to have
private phone calls with attorneys. These phone calls must be initiated by the attorney
representing the detainee and normally need to be set up in advance.84 The attorney
teleconferences are held in the library of the unit where the detainee is housed and therefore
some privacy is ensured.85 These teleconference communications are not monitored or recorded,
nor is there a durational limit.86 Calls using the pro bono hotline to the different consulates are
similarly not monitored or recorded.87 Though these options conform more closely to the
Standards, the detainees’ inability to make private and direct calls to attorneys does not follow
the Standards.
It should also be noted that DCDF provides notice of the monitoring and recording policy
in a number of forms. The PIN card that is given to each inmate upon arrival at DCDF has one
side detailing the calling rates and the other side states in both English and Spanish that all calls
are subject to monitoring and recording.88 The monitoring and recording policy is also posted in
both English and Spanish next to all the phone banks in each housing unit.89 Finally, the

81

DCDF Inmate Handbook, pg. 16 and notes from delegation member,
Supervisor (b)(6), (b)(7)c

82

(b)(6)

, on conversation with

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

83

Notes of delegation member
. According to Supervisor
noted that calls to MIHRC were
Notes of delegation member

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

84

Notes of delegation member

85

Notes of delegation member

86

Notes of delegation member
(b)(6)
members

(b)(6)

on observation of the DCDF as well as conversation with Officer
certain calls are programmed to automatically not be monitored. He
ored (however, as noted earlier, MIHRC cannot accept these collect calls).
, on conversation with Supervisor

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

(b)(6)

, on conversation with Supervisor
(b)(6)

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

, on conversation with Supervisor

, on conversation with Supervisor
on interview with detainee
(b)(6), (b)(7)c

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

87

Notes of delegation member

88

Pin card given to each inmate upon arrival at DCDF and notes of delegation member
(b)(6), (b)(7)c
conversation with Officer

89

Notes of delegation member
Supervisor (b)(6), (b)(7)c

(b)(6)

(b)(6)

on conversation with Officer

nd notes of delegation

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

, on

, on observation of the DCDF and conversation with Officer(b)(6), (b)(7)cand

9

monitoring and recording policy is provided in the Inmate Handbook and Jail Rules, and the
Handbook and Jail Rules are written in both English and Spanish.90
5.

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.91 If the facility
receives an emergency telephone call for a detainee, the Standards require that the facility obtain
the caller’s name and number and permit the detainee to return the emergency call as soon as
possible.92
DCDF has not fully implemented this portion of the Standards, as incoming phone
calls, except for prearranged attorney calls, and messages are not accepted at DCDF.93 Similarly,
the procedure for emergency calls is to refer them to the Shift Commander on a case-by-case
basis.94 In practice, emergencies or urgent messages are passed on to inmates and appointments
can be made by attorneys to speak with their detainee clients but otherwise, incoming calls and
messages are not accepted.95 One detainee interviewed indicated that DCDF did pass on family
emergency messages.96
6.

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.97
DCDF has not fully implemented this portion of the Standards. Detainees at DCDF
placed in the SMU for disciplinary reasons do not have access to the telephones except for legal
use.98 Legal use is categorized by DCDF as calls to an attorney or legal service provider, the
consulate, or ICE.99

90

DCDF Inmate Handbook, p. 16.

91

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

92

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

93

DCDF Inmate Handbook, p. 16.

94

DCDF Inmate Handbook, p. 16.

95

(b)(6)
Notes of delegation member
on conversation with Officer
(b)(6), (b)(7)c
(b)(6)
Notes of delegation members
, on interview with detainee
indicate that DCDF is good about passing on family emergency messages.

96

Notes of delegation member

97

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

98

DCDF Inmate Handbook, p. 22.

99

Notes of delegation member

(b)(6)

(b)(6)

, on conversation with detainee

on conversation with Supervisor

10

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

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

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

7.

Telephone Maintenance

The Standards provide that facilities must maintain the telephones in proper working
order and inspections of the phones shall occur regularly.100
DCDF has implemented this portion of the Standards. All of the phones at DCDF are
inspected once a month by a field engineer of their contracted service provider, ICS, and if a
problem is reported by DCDF to ICS, the field engineer comes out that day.101
C.

Access to Legal Materials.
1.

Access to the Library

The Standards require that facility law libraries have flexible hours that allow detainees
to access legal materials regularly regardless of housing or classification.102 Each detainee
should be able to use the law library for at least five hours a week.103 Furthermore, detainees
should not have to choose between recreation time and using the law library.104
DCDF has implemented most of this section of the Standards. To use the law library,
detainees must submit an inmate request form to a Pod Officer.105 Each of the five pods, or
housing units, has its own law library.106 The library is open for several hours each day, and no
limits are placed on detainee computer usage unless others are waiting to use it.107 Detainees do
not have access to the law library while in disciplinary segregation unless they can show a need
to use it, but the detainee may submit a specific statute number, and DCDF will provide a
(b)(6), (b)(7)c
copy.108 Detainee
indicated that he did not have to choose between library
usage and recreation time.109
2.

Library Conditions

The Standards indicate that the law library should be large enough to provide reasonable
access to all detainees who use it with sufficient space to “facilitate detainees’ legal research and

100

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

101

Notes of delegation member

102

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

103

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

104

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

105

DCDF Inmate Handbook, p. 19.

106

Notes of delegation membe

107

Notes of delegation membe

108

DCDF Inmate Handbook, p. 19.

109

Notes of delegation member

(b)(6)

(b)(6)

(b)(6)

on conversation with Supervisor

on conversation with Supervisor

on conversation with detainee

11

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

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

(b)(6)

writing.”110 The library should “contain a sufficient number of tables and chairs in a well-lit
room, reasonably isolated from noisy areas.”111
DCDF has implemented this section of the Standards. Each pod has a library
segregated from noisy areas.112 Each library has two tables, several chairs, and a computer
desk.113 Adequate lighting is provided.114
3.

Library Supplies and Materials Identified in the Detention Standards

The Standards require that the law library provide “an adequate number of typewriters
and/or computers, writing implements, paper, and office supplies to enable detainees to prepare
documents for legal proceedings.”115 The law library should also offer the materials listed in
Attachment A to the chapter on Access to Legal Materials.116 The facility should post a list of its
holdings.117
DCDF has not fully implemented this section of the Standards. Each pod’s law
library has only one computer and no typewriter.118 Detainees must bring their own paper and
pencils to the library, although a printer is available to print computer documents.119 Detainees
are provided paper and pens on a regular basis and can request additional pens and paper when
needed.120 DCDF provides access to materials primarily through computer CD-ROMs provided
by LexisNexis and Loislaw.121 A cart of some print legal materials is available, but only one
such cart is available for the entire Facility, and it primarily contains Wisconsin case law in
English only.122 The limited number of computers available to the detainees and inmates was a
major concern for the delegation, because there are very few books so the computers are the
detainees' only means of conducting legal research.

110

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

111

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

112

Notes of delegation member

113

Notes of delegation member

114

Notes of delegation member

115

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

116

Detention Operations Manual, Detainee Services, Standard 1, Attachment A.

117

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

118

Notes of delegation membe

119

Notes of delegation membe

120

Notes of delegation member

121

Notes of delegation member

122

Notes of delegation member

(b)(6)

(b)(6)
(b)(6)
(b)(6)

(b)(6)

on conversation with Supervisor

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

on conversation with Supervisor

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

on conversation with Supervisor
on conversation with Supervisor

12

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

The delegation was not permitted to access the computers to check the availability of the
legal materials listed in the Standards, nor did the delegation view the cart of books.123 Officer
(b)(6), (b)(7)c
indicated that acquiring all listed materials would be too costly.124 Since most legal
materials are available only on computers, the Facility employs an inmate to tutor others in using
(b)(6), (b)(7)c
the computer programs available.125 Detainee
stated that he had no real
ability to do legal research because he is not familiar with computers, and he was unaware that a
tutor was available for assistance (please see below regarding assistance from other detainees).126
4.

Requests for Additional Legal Material

The Standards require that detainees who need legal material not available at the facility
may make a written request for the material, and the facility shall inform the ICE contact person
of the request to answer in a timely manner.127
DCDF has implemented this section of the Standards. Detainee requests for additional
materials are forwarded to ICE and granted if approved.128
5.

Assistance from Other Detainees

The Standards state that the facility “shall permit detainees to assist other detainees in
researching and preparing legal documents upon request, except when such assistance poses a
security risk.”129
DCDF has not fully implemented this section of the Standards. DCDF policy
expressly prohibits conducting legal research for other detainees.130 A tutor is provided to teach
other detainees to use the computer programs, but the tutor may not conduct research for the
detainee.131 While Supervisor (b)(6), (b)(7)c indicated that tutors are available to assist detainees,
Officer (b)(6), (b)(7)c stated that the Facility does not want to create the problem of “jailhouse
lawyers,” of detainees believing another detainee or inmate is representing them or that the other
inmate or detainee can offer sound legal advice.132 The delegation was unable to determine if the

123

Officer

b6,b7c

stated that he was waiting to hear if delegation members could use the facility computers from

b6, b7c

124

Notes of delegation member

on conversation with Supervisor
(b)(6)

125

Notes of delegation member

126

Notes of delegation membe

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

on conversation with Supervisor
on conversation with detainee

(b)(6)

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

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

127

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

128

Notes of delegation member

129

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

130

DCDF Inmate Handbook, p. 19; notes of delegation membe
.
(b)(6), (b)(7)c

131

DCDF Inmate Handbook, p. 19.

132

Notes of delegation membe

(b)(6)

(b)(6)

n conversation with Supervisor

(b)(6)

on conversation with Supervisor

on conversation with Supervisor

13

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

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

detainees were given proper computer assistance and is concerned that those detainees who do
not know how to use the computer will not be able to conduct any legal research.
6.

Photocopies

The Standards suggest that detainees should be able to obtain photocopies of legal
material when “reasonable and necessary for a legal proceeding involving the detainee.”133 The
detainee must be permitted to make enough copies to file with the court and retain a personal
copy, and requests can be denied only for security reasons, violations of law, or if the request is
excessive or abusive.134
DCDF appears to have implemented this section of the Standards. According to the
Inmate Handbook, inmates may make unlimited photocopies of legal, professional, and religious
documents for five cents per page.135
7.

Personal Legal Materials

The Standards indicate that detainees should be permitted to retain all personal legal
material unless it creates a safety, security, or sanitation hazard.136
DCDF has implemented this section of the Standards. Detainees may keep unlimited
amounts of legal documents and correspondence in the detainee’s personal possession.137
8.

Correspondence and Other Mail

The Standards require that the quantity of correspondence a detainee may send or receive
at the detainee’s expense should not be limited.138 The facility must notify detainees of
correspondence policies upon admittance, including how to properly address outgoing and
incoming mail.139 General correspondence may be opened and inspected in the detainee’s
presence or outside of the detainee’s presence for security reasons.140 Special correspondence,
which includes legal mail, may only be opened in the detainee’s presence but may not be read.141

133

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

134

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

135

DCDF Inmate Handbook, p. 19.

136

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

137

Notes of delegation member

138

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

139

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

140

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

141

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

(b)(6)

, on conversation with Supervisor

14

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

Detainees must receive notice of how to obtain postage stamps.142 Indigent detainees
must be able to mail at least five pieces of special correspondence and three pieces of general
correspondence each week at government expense.143 Furthermore, the facility “shall provide
writing paper, writing implements and envelopes at no cost” to all detainees.144 Incoming
correspondence should be distributed to detainees within 24 hours of receipt, and outgoing
correspondence should be given to the postal service the day after the detainee places it in the
mail, except on weekends and holidays.145
DCDF has only partially implemented this section of the Standards. While detainees
are informed how to address general mail, the Facility does not provide detainees with
information regarding how attorneys must label special correspondence to ensure that staff does
not open it outside the detainee’s presence.146 The delegation believes the Facility should be
giving detainees instructions on how attorneys should label correspondence to ensure legal mail
is not opened outside of the detainee’s presence.
Other Standards regarding correspondence are met. The Facility permits unlimited
incoming and outgoing mail at the detainee’s own expense.147 Special correspondence is opened
in front of the detainee and is not read, and other incoming mail is opened and inspected but not
read in a separate room to ensure its safety.148 Mail is routinely distributed the day the Facility
receives it, and outgoing mail submitted for delivery by early afternoon is sent out the same
day.149
Indigent inmates are permitted to use an indigent commissary order form to request
writing materials and stamps.150 A detainee is deemed indigent if there is no money in the
detainee’s commissary account at the time of delivery of the order form or prior to sending out
the letter.151 Indigent detainees are permitted to send out five ICE indigent legal envelopes and
three ICE indigent personal envelopes each week and to receive one pencil every two weeks and
(b)(6), (b)(7)c
one pad of paper every three weeks without cost. Detainee
indicated that he
was aware of the procedure for indigent detainees to procure writing materials and send mail
without cost, and he stated that the Facility had even sent letters overseas for him.152

142

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

143

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

144

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

145

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

146

DCDF Inmate Handbook, p. 11-12; Postcard Stating Rules Regarding Phone Calls and Correspondence

147

Notes of delegation member

148

Notes of delegation member

149

Notes of delegation member

150

DCDF Inmate Handbook, p. 5.

151

ICE Indigent Commissary Order Form.

152

Notes of delegation memb

on conversation with Supervisor
(b)(6)

on conversation with Supervisor

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

on conversation with Supervisor

(b)(6)

on conversation with detainee

15

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

D.

Group Rights Presentations.

The Standards provide that facilities holding ICE detainees, through Intergovernmental
Service Agreements, “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.”153 Attorneys and legal representatives
(including paralegals and legal assistants, with the proper supervision or written notice thereof)
must submit written requests to ICE to conduct such presentations.154 Presentations should be
scheduled during normal legal visiting hours, excluding weekends and holidays.155 At least
forty-eight hours before a scheduled presentation, informational posters are to be prominently
displayed in the housing units.156 Presentations are open to all detainees, and alternative
arrangements should be made if a detainee cannot attend for security or segregation reasons.157
Additionally, the facility “may limit the number of detainees at a single session.”158 The facility
should select and provide an environment conducive to the presentation and allow at least one
hour for a presentation and question and answer session.159 Presenters may distribute ICEapproved materials.160 Individual counseling should be permitted following a group
presentation.161 Finally, the facility should provide regular opportunities for detainees to view
ICS-approved videotaped presentations on legal rights.162
DCDF has implemented this section of the Standards. According to DCDF personnel,
requests to the OIC from attorneys to make group legal rights presentations would be forwarded
to ICE and granted with few restrictions.163 The Facility requires that attorneys show a photo ID
and bar card upon entry.164 Interpreters are allowed to attend if their names are submitted ahead
of time, and legal assistants or paralegals are allowed on a case by case basis.165 MIHRC
schedules two presentations at the Facility each year.166 Three days before each presentation,
Facility staff goes to each housing unit and solicits attendees.167 At this time, informational

153

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

154

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

155

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

156

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

157

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

158

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

159

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

160

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

161

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

162

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

163

Notes of delegation membe

on conversation with Officer

164

Notes of delegation membe

on conversation with Officer

165

Notes of delegation membe

166

Notes of delegation membe

on conversation with Officer

167

Notes of delegation membe

on conversation with Officer

(b)(6)

on conversation with Officer

16

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

posters announcing the presentations are displayed in Spanish and English.168 Presentations take
place in DCDF’s classroom, which is well-lit and spacious, with enough seating to accommodate
at least twenty detainees at one time.169 At the presentations, MIHRC presenters are permitted to
distribute ICE-approved materials.170 Presenters are also permitted to meet with detainees in
small groups to discuss their cases following group presentations, with ICE and Facility staff
present.171 One detainee interviewed met his attorney at one such meeting.172 Presentations are
open to all detainees, including those in segregation who may, for security reasons, have to
attend in restraints or with officers present.173 Enough sessions are held so that all detainees who
want to attend a presentation are able to do so.174
In addition, the Florence Project’s “Know Your Rights” video is played each weekend on
every television in the Facility except in areas designated for medical segregation and suicide
watch, where there are no televisions.175 The video is announced on loudspeakers and airs
during breakfast, with an English version of the video aired on Saturday morning and a Spanish
version aired on Sunday morning.176 One of the detainees interviewed confirmed that he has seen
the video play at those times.177 The delegation was pleased to learn that the Facility is
supporting group rights presentations and believes that the facilities in place are sufficient for the
presentations.

IV.

OTHER PROVISIONS OF THE ICE DETENTION STANDARDS
A.

Recreation

The Standards require that all detainees have access to recreation “under conditions of
security and supervision that protect their safety and welfare.”178 Detainees should be housed in
facilities with outdoor recreation.179 If a facility only provides indoor recreation, detainees must
have access for at least one hour per day, including exposure to natural light.180 Detainees

168

Notes of delegation membe

169

Notes of delegation membe

on conversation with Officer
on observations of the DCDF
(b)(6), (b)(7)c

(b)(6)

170

Notes of delegation membe

on conversation with Officer

171

Notes of delegation membe

on conversation with Officer

172

Notes of

173

Notes of delegation membe

174

Notes of delegation membe

175

Notes of delegation membe

n conversation with Supervisor

176

Notes of delegation membe

n conversation with Officer

177

Notes o

178

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

179

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

180

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

(b)(6)

and

from interview with

(b)(6)

n conversation with Officer
(b)(6), (b)(7)c

(b)(6)

and

(b)(6)

(b)(6)

n conversation with Officer

from interview with

17

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

(b)(6)

should have access to “fixed and movable equipment,” including opportunities for cardiovascular
exercise, and games and television in dayrooms.181
DCDF has failed to implement this section of the Standards. DCDF has two types of
indoor recreation rooms, a gym and a dayroom.182 Although there is a small outdoor recreation
area, it is only available to those inmates or detainees who are part of the work program for 15
minutes a day.183 There is no outdoor recreation facility for inmates and detainees who are not
part of the work program and the gym does not have any exposure to natural sunlight.184 In the
gym facility, the detainees can jog, walk, and play handball.185 A basketball hoop was
previously available but was removed by the DCDF staff because too many inmates were injured
while playing.186 The gym equipment includes a pull-up bar and chairs which the detainees use
as weights for weight lifting.187 There are no guards in the gym area with the inmates but the
area is monitored by guards through security cameras.188 The amount of recreation time a
detainee can spend in the gym depends on his or her Phase level and on how much time he or she
wants to spend in the gym.189 Inmates in disciplinary segregation do not have recreation time.190
There is no equipment for muscular or cardiovascular exercise in the recreation areas.191 The
delegation believes that some form of outdoor recreation should be created or that all detainees
and inmates should be allowed into the small outdoor area for some period of time everyday.
The detainees also spend recreation time in the dayroom.192 The dayrooms are common
rooms where the detainees can watch television, play board games on game top tables, and
socialize with each other.193 The detainees have access to sunlight in the dayrooms.194
There is no outdoor recreation generally available to the detainees.195 As mentioned
above, there is a small outdoor break area for those inmates/detainees who are part of the work

181

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

182

Notes of delegation member

on conservation with Supervisor

183

Notes of delegation member

on conversation with Officer

184

Notes of delegation member

on observation of the DCDF.

185

Notes of delegation member

on conservation with Officer

186

Notes of delegation member

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

on conversation with Officer
(b)(6), (b)(7)c

(b)(6)

187

Notes of delegation member

on conversation with Officer

188

Notes of delegation member

on conversation with Officer

189

Notes of delegation member

on conversation with Officer

190

Notes of delegation member

on conversation with Officer

191

Notes of delegation member

on observations of the DCDF and conversation with Officer

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

192

Notes of delegation member

193

Notes of delegation member

on conversation with Officer
on conversation with Officer
(b)(6)

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

194

Notes of delegation member

on conversation with Officer

195

Notes of delegation member

on conversation with Officer

18

program but this area is not available to other detainees.196 Those inmates/detainees who are part
of the work program can spend 15 minutes a day in the outdoor labor break area on those days
which he or she works.197 ICE suggests that detainees be eligible for transfer after 180 days at a
facility without outdoor recreation.198 In accordance with this policy, DCDF notifies ICE after it
has housed a detainee for 165 days in order to allow the detainee to relocate if he so chooses.199
(b)(6)
Officer
indicated that a detainee transfer request based on a lack of outdoor recreation
200
(b)(6)
is usually allowed.
Detainee
indicated that the lack of outdoor recreation
is the worst part of being held in DCDF.201
B.

Access to Medical Care.

The Standards require that all detainees have access to medical services that promote
detainee health and general well-being.202 Each facility is suggested to have regularly scheduled
times, known as sick call, when medical personnel are available to see detainees who have
requested medical services.203 For a facility of over 200 detainees, a minimum of five days per
week is suggested.204 Facilities must also have procedures in place to provide emergency
medical care for detainees who require it.205 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.206 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-inCharge in writing.207
DCDF appears to have substantially implemented this portion of the Standards, but
there may be cause for some concern. The Facility contracts with a company called Health
Providers Limited (“HPL”), based in Illinois, to provide staffing and medical care 7 days a week.
The service is on call 24 hours a day. The DCDF is not accredited itself, as they do not pay the

196

Notes of delegation member

(b)(6)

n observations of the DCDF and conversation with Officer

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

197

Notes of delegation member

198

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

199

Notes of delegation member

(b)(6)

on conversation with Officer

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

on conversation with Officer
(b)(6)

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

200

Notes of delegation member

201

Notes of delegation membe

202

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

203

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

204

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

205

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

206

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

207

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

on conversation with Officer
(b)(6)

on conversation with detainee

19

(b)(6)

$10,000 to maintain accreditation, but the staff feels they are close to meeting if not exceeding
several of the requirements for accreditation.208
If there is a need for an outside medical visit, officials at DCDF first clear it with the staff
doctor, and then HPL will contact area facilities or a facility they have in Madison or Kenosha to
administer the appropriate treatment.209 The nearest hospital is approximately 8 miles away.210
Two emergency rooms are within 15 miles.211 For mental health needs, the County Mental
Health Association has psychiatrists on call.212
All detainees at DCDF are screened for medical issues upon their initial processing.213
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.214 If flags are raised the individual is referred to medical for
attention. HIV is not routinely checked.215 Those who are initially flagged as having some
mental health issue, including suicidal tendencies, may be kept separately and monitored closely
by the staff.216
For non-English-speaking detainees, DCDF often uses other inmates to assist with
medical screening and other medical issues, through what DCDF calls the Inmate Labor
Interpreters program.217 The Facility also has access to both a local phone service and the AT&T
Language Line, to provide translation services. The delegation has some concerns over
confidentiality when a translator is used, especially when it is an inmate. The DCDF officials
explained that if a detainee allows a fellow detainee/inmate to translate, they have waived any
confidentiality.218 However, DCDF officials informed the delegation that the Inmate Labor
Interpreters use other inmates only for basic questions, not during treatment.219
The DCDF Inmate Handbook states that “[p]rescription/non-prescription medications
will be distributed as ordered by the medical staff.”220 The Inmate Handbook also provides that
inmates “may request over-the-counter medications using the medication request slips provided
in [their] housing area. All requests for over-the-counter medications must be submitted to the
208

Notes of delegation member

on conversation with Supervisor

.

209

Notes of delegation member

on conversation with Supervisor

and LPN

210

Notes of delegation member

on conversation with Supervisor

and LPN

211

Notes of delegation member

on conversation with Supervisor

and LPN

212

Notes of delegation member

on conversation with Supervisor

and LPN

213

Notes of delegation member

on conversation with Supervisor
(b)(6)

and LPN
(b)(6), (b)(7)c

214

Notes of delegation member

on conversation with Supervisor

215

Notes of delegation member

on conversation with Supervisor

and LPN

216

Notes of delegation member

on conversation with Supervisor

and LPN

217

Notes of delegation member

on conversation with Supervisor

and LPN

218

Notes of delegation member

on conversation with Supervisor

and Officer

219

Notes of delegation member

on conversation with Supervisor

and LPN

220

DCDF Inmate Handbook, p.12.

20

(b)(6)

and LPN

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

Pod Officer on duty PRIOR to medication distribution times. [Detainees] will have at least 10
minutes after [their] cell doors are opened in the morning to submit a medication request for
morning med distribution.”221 DCDF staff explained that detainees may order pain relief
medication themselves through the commissary; if they are indigent they may receive only a
certain number of days worth of pain relief, whereas if they have money, they are not thus
restricted.222
DCDF staff said they do regular sick calls to all the pods every day.223 Some cells are
equipped with a call button, which when pressed alerts the officers that the inmate/detainee in the
cell is requesting medical attention. In addition, each Pod Officer’s station has a general first aid
kit. The staff receives first-aid training at least once each year, in cardiopulmonary resuscitation
(CPR) as well as on the use of an automated external defibrillator (“AED”).
With regard to detainee medical records, HPL, as the service provider, handles, owns,
and maintains all the detainee/inmate medical records on-site. When a detainee/inmate is
transferred, DCDF medical staff provides a one page medical summary that the inmate will take
with them.224
(b)(6)
The delegation’s concern arises from the statements made by
, one of
the detainees we interviewed at the conclusion of our tour. At the beginning of the tour, ICE
Officer (b)(6), (b)(7)c warned the delegation of the likely statements we would hear from (b)(6), (b)(7)c
225
(b)(6) regarding inadequate medical treatment.
Officer (b)(6), (b)(7)c explained that the treatment
(b)(6)
received at Ozaukee County Jail (“OCJ”) differed from that which he is getting
(b)(6), (b)(7)c
at DCDF, and he was upset by the change. Indeed,
explained that he has high
cholesterol and triglycerol, and at OCJ his blood was tested regularly and he was on a special
low fat/low cholesterol diet. At DCDF, they do not offer that type of diet, and he is not getting
the same treatments. He worries about his health.226 The other detainees interviewed by the
delegation suggested that medical treatment was sufficient.227

C.

Access to Dental Care.

The Standards suggest that detainees have an initial dental screening exam within 14
days of the detainee’s arrival and require the Facility to provide a number of services, including
emergency dental treatment and repair of prosthetic appliances.228 For detainees who are held in
detention for over six months, routine dental treatment may be provided, including amalgam and

221

DCDF Inmate Handbook, p.13.

222

Notes of delegation member

223
224

Notes of delegation member

on conversation with Supervisor
(b)(6)

Notes of delegation member

on conversation with LPN

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

on conversation with Supervisor

(b)(6)

(b)(6)

225

Notes of delegation member

226

Notes of delegation membe

on conversation with Officer
(b)(6)

on interview with

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

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

227

(b)(6)
(b)(6), (b)(7)c
Notes of delegation member
on interview with
(after injuring himself,
saw a doctor, was given an ace bandage and medicine, and seemed satisfied with the medical services).

228

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

21

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

composite restorations, prophylaxis, root canals, extractions, x-rays, the repair and adjustment of
prosthetic appliances and other procedures required to maintain the detainee’s health.229
The DCDF has not fully implemented this section of the Standards. There is no onsite dentist at the DCDF,230 and the detainees do not receive the initial dental screening as
suggested under the Standards. If a detainee complains of needing dental care, a physician will
be consulted first, before the dentist is called.231 If dental care is needed, the DCDF has a
contract with a local dentist, who provides the necessary dental care, either in the Facility or at
his local office.232
D.

Hunger Strike.

The Standards require that all facilities follow accepted standards of care in the medical
and administrative management of hunger-striking detainees.233 Facilities must do everything
within their means to monitor and protect the health and welfare of the hunger-striking detainee
and must make every effort to obtain the hunger striker’s informed consent for treatment.234 In
IGSA facilities, the “OIC of the facility shall notify [ICE] that a detainee is refusing treatment.
Under no circumstances are IGSA facilities to administer forced medical treatment unless
granted permission from [ICE].”235
DCDF appears to have implemented this section of the Standards. If an inmate or
detainee declares a hunger strike, the inmate/detainee’s commissary privileges are revoked, and
the inmate/detainee is placed in a medical cell for observation.236 The medical staff then assesses
the mental state of the patient, and regularly monitors the patient, including his or her food
intake, liquid intake, weight, vital signs, etc.237
After meals, if a tray comes back with all of the food on it, the staff will make a note on
the meal pass.238 If this behavior goes on for a 24 hour period, the detainee/inmate is referred to
medical staff. In the case of a detainee, the ICE liaison officer is notified, as well.239
E.

Detainee Classification.

229

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

230

Notes of delegation member

231

Notes of delegation member

232

Notes of delegation member

on conversation with Superviso
(b)(6)

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

on conversation with LPN

(b)(6)

on conversation with Supervisor

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

and Jail Administrator

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

233

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

234

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

235

Detention Operations Manual, Health Services, Standard 1, Section III.D.

236

Notes of delegation member

237

Notes of delegation member

on conversation with Supervisor
(b)(6)

on conversation with Supervisor

238

Notes of delegation member

on conversation with Supervisor

239

Notes of delegation member

on conversation with Supervisor

22

and LPN
(b)(6)

and LPN
and LPN
(b)(6), (b)(7)c

(b)(6)

The Standards require that detention facilities use a classification system and physically
separate detainees in different categories.240 A detainee’s classification is to be determined on
“objective” criteria, including criminal offenses, escape attempts, institutional disciplinary
history, violent incidents, etc.241 Opinions, unconfirmed and unverified information, and physical
characteristics and appearance are not to be taken into account.242 Classification is required in
order to separate detainees with no or minimal criminal records from inmates with serious
criminal records.243
Additionally, all facility classification systems shall allow classification levels to be redetermined and include procedures by which new arrivals can appeal their classification
levels.244 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.”245
DCDF has substantially implemented this section of the Standards. All detainees and
inmates are classified when they first arrive at the Facility as “Intake High” or “Intake Low”.246
“Intake High” inmates are those with a history of violence, and “Intake Low” inmates are those
without an established history of violence.247 Within the first 72 hours, further classification
occurs to determine where the individual will be housed.248 However, the Inmate Handbook
does not explain the classification levels and the conditions and restrictions associated with each.
DCDF uses two sets of classification systems.249 One is applied to all inmates, including
immigration detainees.250 The other is applied only to immigration detainees.251 The system
applied to all inmates uses 3 “Phases” for classification.252 These Phases represent the amount of
freedom a detainee/inmate is given in the Facility.253 This classification is based initially on the
inmate’s history prior to arrival at DCDF, including “criminal history, current charges, and any

240

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

241

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

242

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

243

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

244

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

245

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

246

DCDF Inmate Handbook, pg. 4 and Notes of delegation member

(b)(6)

on conversation with Supervisor

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

247

Notes of delegation member

248

DCDF Inmate Handbook, pg. 4 and Notes of delegation member

(b)(6)

on conversation with Supervisor
(b)(6)

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

on conversation with Supervisor

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

249

Notes of delegation member

n conversation with Supervisor

250

Notes of delegation member

n conversation with Supervisor

251

Notes of delegation member

252

Notes of delegation member

n conversation with Supervisor

253

Notes of delegation member

n conversation with Supervisor

(b)(6)

n conversation with Supervisor

23

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

known history of discipline problems during prior incarceration.”254 Inmates may be reclassified
based on their behavior while at DCDF, changes in the charges against them, and/or based on an
“inmate request at the discretion of the Program Specialist.”255 There is no commingling of
Phase 1 and Phase 3, but Phase 2 inmates may be intermingled with either Phase 1 or Phase 3
inmates.256 Phase 1 inmates have the most restrictions and Phase 3 the most privileges.257
Immigration detainees are classified based on this system, but each is also classified as a
Level 1, 2 or 3.258 Level 1 detainees are generally asylum seekers and others held only for
immigration purposes.259 Level 2 detainees are those who are charged with nonviolent and
generally less serious crimes.260 Level 3 detainees are those charged with serious felonies and
any crimes of violence.261 Level 1 and Level 3 detainees are never commingled.262
The Phase system and the Level system work independently of one another.263 The
biggest difference is that a detainee’s Phase can change based on the detainee’s behavior while at
DCDF, while the detainee’s Level is based strictly on the detainee’s history prior to arrival at
DCDF, and thus cannot change unless the charges are modified or a mistake in the history is
corrected. A detainee’s Phase impacts both with whom a detainee is housed among the general
population and what privileges the detainee enjoys, however, a detainee’s Level only limits the
other detainees with whom he or she may be housed.
F.

Voluntary Work Program.
1.

Standards and Procedures

The Standards require that all facilities with work programs provide an opportunity for
physically and mentally capable detainees to “work and earn money.”264 Participation must be
voluntary, and detainees are required to work according to a fixed schedule.265 Detainees shall

254

DCDF Inmate Handbook, pg. 4 and Notes of delegation member

(b)(6)

, on conversation with Supervisor

(b)(6)

on conversation with Supervisor

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

255

DCDF Inmate Handbook, pg. 4 and Notes of delegation member
(b)(6), (b)(7)c

256

Notes of delegation member

on conversation with Supervisor

257

Notes of delegation member

on conversation with Supervisor

258

Notes of delegation member

on conversation with Supervisor

259

Notes of delegation member

on conversation with Supervisor
(b)(6), (b)(7)c

(b)(6)

260

Notes of delegation member

on conversation with Supervisor

261

Notes of delegation member

on conversation with Supervisor

262

Notes of delegation member

on conversation with Supervisor

263

Notes of delegation member

on conversation with Supervisor

264

Detention Operations Manual, Detainee Services, Standard 18, Sections I & III.A.

265

Detention Operations Manual, Detainee Services, Standard 18, Sections III.A.& H.

24

“receive monetary compensation for work completed in accordance with the facility’s standard
policy.”266
DCDF has implemented this section of the Standards. Detainees are provided an
opportunity to work in the Facility should they choose to do so.267 There is an application
process, in which the detainee requests an inmate labor application from the Programs
department within DCDF.268 Detainees may work in the laundry room and the kitchen, or serve
as a translator, barber or maintenance worker.269 Eligibility may depend on a detainee’s
classification, and those with physical or mental handicaps are afforded the opportunity to
work.270 Detainees are compensated for their work.271 Wages are deposited directly into an
internal account each week and they may use that money for commissary items or save the
money and receive a check upon departure from the Facility.272 Detainees work according to a
fixed schedule that is set ahead of time by the Programs department.273
2.

Detainee Training and Safety

The Standards require that facilities comply with all applicable health and safety
regulations and provide instructions regarding safety measures necessary and relevant to the
work detail.274 Additionally, the Standards require the medical staff at the facility to ensure
detainees are screened and certified to undertake a food service assignment.275 Occupational
Safety Heath Administration-certified safety equipment must be provided to detainees and
procedures must be in place for responding to on-the-job injuries.276
DCDF appears to have substantially implemented this section of the Standards.
Detainees are trained to do their assigned task and there are posted instructions in the kitchen.277
The detainees go through an orientation process and are given a list of rules and duties for each
job.278 It is unclear whether the instructions are posted in both English and Spanish. It is also

266

Detention Operations Manual, Detainee Services, Standard 18, Sections III.K.

267

DCDF Inmate Handbook, p. 18; notes of delegation member

on conversation with Supervisor

(b)(6)

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

268

DCDF Inmate Handbook, p. 18, and notes of delegation member
(b)(6), (b)(7)c (a DCDF Kitchen Worker Rules/Duties agreement is attac

n conversation with Supervisor
).

(b)(6)

269

DCDF Inmate Handbook, p. 18.

270

Detention Operations Manual, Detainee Services, Standard 18, Sections III.G.

271

DCDF Inmate Handbook, p. 19.

272

Notes of delegation member

(b)(6)

on conversation with Supervisor

273

Notes of delegation member

(b)(6)

on conversation with Supervisor

274

Detention Operations Manual, Detainee Services, Standard 18, Sections III.N.

275

Detention Operations Manual, Detainee Services, Standard 18, Sections III.N.

276

Detention Operations Manual, Detainee Services, Standard 18, Sections III.N & O.

277

Notes of delegation membe

278

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

Notes of delegation memb
conversation with Supervisor

(b)(6)
(b)(6)

on conversation with Supervisor

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

n observation of DCDF Kitchen Worker Rules/Duties form and

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

25

unclear as to the full extent all applicable health and safety regulations are being followed.
Before they begin work, detainees are required to go through a medical screening process to
make sure they do not have any communicable diseases and to make sure they are fit to work.279
G.

Detainee Grievance Procedures.

The Standards require that every facility “develop and implement standard operating
procedures (SOP) that address detainee grievances” and make every effort to resolve a detainee’s
complaint or grievance informally before following more formalized procedures.280 If a more
formal procedure is necessary, the officer in charge must allow detainees to submit formal,
written grievances to the facility’s grievance committee.281 Each SOP should, among other
things, “establish a reasonable time limit for: (i) processing, investigating, and responding to
grievances; (ii) convening a grievance committee to review formal complaints; and (iii)
providing written responses to detainees who filed formal grievances, including the basis for the
decision.”282 ICE recommends that detainees be given up to five days within which to make
their concern known to a member of the staff.283 For both informal and formal grievance
procedures, translation services or language assistance must be provided upon request.284 An
appeals process should be in place if a detainee does not accept the grievance committee’s
decision.285
The facility should devise a method for documenting detainee grievances, at minimum in
a Detainee Grievance Log.286 The facility should also provide each detainee, upon admittance, a
copy of the detainee handbook or equivalent, detailing the procedures for filing and resolving a
grievance and appeal.287 The detainee handbook should also notify detainees of procedures for
contacting ICE to appeal the decision of the OIC of the facility, and of the opportunity to file a
complaint about officer misconduct directly with the Department of Justice.288 The Standards
also stress that facility staff must not “harass, discipline, punish, or otherwise retaliate against a
detainee lodging a complaint,” but if an individual establishes a pattern of filing nuisance
complaints or otherwise abusing the grievance system, facility staff may refuse to process

279

DCDF Inmate Handbook, p. 18, and notes of delegation member

(b)(6)

on conversation with Supervisor

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

280

Detention Operations Manual, Detainee Services, Standard 5, Sections I and III.A.1.

281

Detention Operations Manual, Detainee Services, Standard 5, Section III.A.2.

282

Detention Operations Manual, Detainee Services, Standard 5, Section I.

283

Detention Operations Manual, Detainee Services, Standard 5, III.A.1 and Appendix.

284

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

285

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

286

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

287

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

288

Detention Operations Manual, Detainee Services, Standard 5, Section III.G.6.

26

subsequent complaints.289 Allegations of officer misconduct should be forwarded to a higherlevel official in the chain of command and to ICE.290
DCDF appears to have implemented some of this section of the Standards, but
(b)(6), (b)(7)c
concerns remain. According to Officer
if a detainee brings a grievance to his or
her Pod Officer, the officer will first try to see if the problem can be solved through informal
means.291 To file a formal grievance, the detainee fills out a grievance form and gives it to his
Pod Officer, who places it in an envelope and seals it in front of the detainee.292 According to
DCDF personnel, though it is not stated explicitly in the Inmate Handbook, if a detainee needs
help filling out the form for reasons of language, literacy, or disability, it will be provided.293
The grievance is then entered into a computer database.294 The form must be filled out with the
following information: date, type of grievance (original or appeal), approximate time, facts, and
names of witnesses to the incident being grieved.295 According to the Inmate Handbook,
grievance forms must be submitted within forty-eight hours of the time of the incident being
grieved, and will be responded to in writing by the Shift Supervisor within five days of their
receipt.296 Inmates have two days after receiving this response to file an appeal to the Deputy
Jail Administrator, which will be responded to in writing within ten working days.297 An inmate
may appeal again within two days to the Jail Administrator, who will respond in writing within
ten working days, and then may contact the State Regional Jail Inspector if still not satisfied with
the decision.298 The Inmate Handbook states that the grievance process is “available to express
complaints without the fear of reprisal or punitive disciplinary action.”299
There is no indication that DCDF has a grievance committee in place to review formal
complaints from detainees. The Inmate Handbook does not advise detainees about procedures
for contacting ICE to appeal a decision, or the opportunity to file a complaint about officer
misconduct directly with the Department of Justice or, as is currently appropriate, the
Department of Homeland Security. In addition, at every level of the grievance and appeals
procedures at DCDF, inmates (including detainees) have only two days, not five as
recommended in the Standards, in which to make a concern known to a member of the facility

289

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

290

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

291

Notes of delegation member

292

Notes of delegation member

on conversation with Officer
on conversation with Officer
(b)(6)

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

293

Notes of delegation member

on conversation with Officer

294

Notes of delegation member

on conversation with Officer

295

DCDF Inmate Handbook, p. 8.

296

DCDF Inmate Handbook, p. 9.

297

DCDF Inmate Handbook, p. 9.

298

DCDF Inmate Handbook, p. 9.

299

DCDF Inmate Handbook, p. 8.

27

staff. According to one of the interviewed detainees, he has filed formal grievances but has not
always received a written response.300
H.

Religious Practices.

The Standards provide that detainees “will be provided reasonable and equitable
opportunities to participate in the practices of their respective faiths.”301 Practices will be
constrained only by “concerns about safety, security, the orderly operation of the facility, or
extraordinary costs associated with a specific practice.”302 A detainee must be allowed to wear
or use personal religious items during religious services and to wear religious headwear around
the facility, consistent with considerations of security, safety, or good order.303 The facility must
also, within reason, accommodate detainee’s religious dietary requirements.304
DCDF has only partially implemented this section of the Standards. Detainees’
personal effects, including religious garments, are confiscated and stored until the detainee’s
release.305 Detainees are not permitted to wear religious head coverings at any time.306 DCDF
does not allow detainees to possess or use religious artifacts such as rosaries.307 Towels are
provided for use as prayer rugs.308 Detainees may, however, possess religious texts, which can
be ordered through a publisher or borrowed from the library.309 At least one pod posted a sign
with contact information to order Islamic religious texts.310 The delegation was concerned that
detainees’ religious practices may not be fully respected and believes the Facility could be more
accommodating to detainees’ religious activities.
With respect to religious dietary requirements, only some accommodations are made.311
No pork is served within the Facility, which provides some accommodation to certain religious
groups, but kosher diets are not permitted due to cost constraints.312 During Ramadan, detainees

300

Notes of

301

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

302

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

303

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

304

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

305

Notes of delegation member

on conversation with Supervisor

306

Notes of delegation member

on conversation with Supervisor

307

Notes of delegation member

on conversation with Supervisor

308

Notes of delegation member

on interview with

(b)(6)

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

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

on conversation with Supervisor
(b)(6)

309

Notes of delegation member

on conversation with Supervisor

310

Notes of delegation member

on observations of the DCDF.

311

Notes of delegation member

on conversation with Cook Supervisor

312

Notes of delegation member

on conversation with Cook Supervisor

(b)(6)

28

may sign up to receive their meals only during nighttime hours.313 If a detainee is found eating
at all during daylight, the detainee is automatically removed from the religious observance.314
DCDF does seem to allow religious prayer and activities.315 Religious programs and
services, both Christian and nondenominational, take place regularly in English and Spanish with
the supervision of the Facility chaplain.316 Bible courses are taught regularly, also in English and
Spanish, for detainees with sufficient privileges to leave their pods.317 Volunteers may provide
additional religious services, but the Facility will not pay to have services for other religions.318
DCDF also makes special accommodations for clergy visitation, allowing detainees to meet with
clergy outside of regular visiting hours and for longer periods than normally allotted for regular
visitors.319 DCDF provides multiple opportunities per month for the detainees to participate in
bible study classes; however, there do not appear to be similar programs for other religious
meetings.320 The delegation is concerned that particular religious groups may not have access to
appropriate religious meetings.
I.

Special Management Unit.

The Standards require that each facility establish a Special Management Unit (“SMU”)
that will isolate certain detainees from the general population.321 A detainee may be placed in
disciplinary segregation only by order of the Institutional Disciplinary Committee, after a
hearing in which the detainee has been found to have committed a prohibited act.322 The
disciplinary committee may order placement in disciplinary segregation only when alternative
dispositions would inadequately regulate the detainee’s behavior.323
All cells in the SMU must be equipped with beds that are securely fastened to the cell
floor or wall.324 Segregated detainees shall have the opportunity to maintain a normal level of
personal hygiene.325 Recreation shall be provided to detainees in disciplinary segregation in
accordance with the “Recreation” standard.326 Access to legal material shall remain open and

313

Notes of delegation member

on conversation with Supervisor

314

Notes of delegation member

on conversation with Supervisor

315

Notes of delegation member

on conversation with Supervisor

316

Notes of delegation member

317

Notes of delegation member

on conversation with Supervisor

318

Notes of delegation member

on conversation with Supervisor

319

Notes of delegation member

on conversation with Supervisor

320

July 2005 schedule of activities, attached as Exhibit C.

321

Detention Operations Manual, Security and Control, Standards 13 & 14, Section I.

322

Detention Operations Manual, Security and Control, Standard 14, Section III.A.

323

Detention Operations Manual, Security and Control, Standard 14, Section III.A.

324

Detention Operations Manual, Security and Control, Standard 14, Section III.D.6.

325

Detention Operations Manual, Security and Control, Standard 14, Section III.D.11.

326

Detention Operations Manual, Security and Control, Standard 14, Section III.D.13.

(b)(6)

on conversation with Supervisor

29

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

requests for access shall be accommodated no more than 24 hours after receipt of the initial
detainee request.327 Similarly, access to the law library shall be granted to detainees in
segregation, and access by request only is an option.328 “As a rule, a detainee retains visiting
privileges while in disciplinary segregation.”329 Also, a detainee in disciplinary segregation shall
not be denied legal visitation.330
In accordance with the “Telephone Access” standard, detainees in disciplinary
segregation shall be restricted to telephone calls for calls relating to the detainee’s immigration
case or other matters, calls to consular/embassy officials, and family emergencies.331 Also,
detainees in segregation shall have the same correspondence privileges as detainees in the
general population.332
DCDF has not fully implemented this section of the Standards. First, there are no
beds in the SMU; there is only a steel table, nailed to the floor. 333 Second, detainees in
disciplinary segregation are denied telephone privileges.334 Third, they are not given access to
the law library unless they can show a reason they need to use it.335
However, DCDF has implemented some of this section of the Standards. Detainees in
disciplinary segregation are allowed to receive and send mail. They are also allowed to visit
with clergy, counselors, and attorneys.336 Detainees in administrative segregation can use the
law library as well as the recreation/multipurpose room.337
J.

Disciplinary Policy.

The Standards state that in order to provide a safe and orderly living environment,
“facility authorities will impose disciplinary sanctions on any detainee whose behavior is not in
compliance with facility rules and procedures.”338 Facilities holding ICE detainees should have a
detainee disciplinary system with “progressive levels of reviews, appeals, procedures, and
documentation procedures.”339 The disciplinary policy and procedures should clearly define
327

Detention Operations Manual, Security and Control, Standard 14, Section III.D.15.

328

Detention Operations Manual, Security and Control, Standard 14, Section III.D.15.e.

329

Detention Operations Manual, Security and Control, Standard 14, Section III.D.17.

330

Detention Operations Manual, Security and Control, Standard 14, Section III.D.17.

331

Detention Operations Manual, Security and Control, Standard 14, Section III.D.19.

332

Detention Operations Manual, Security and Control, Standard 14, Section III.D.18.

333

Notes of delegation member

334

DCDF Inmate Handbook, p. 22.

(b)(6)

on conversation with Supervisor

335

DCDF Inmate Handbook, p. 22, and notes of delegation member
Supervisor (b)(6), (b)(7)c
336

Notes of delegation member

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

on conversation with

(b)(6)

on conversation with Supervisor
(b)(6)

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

337

Notes of delegation member

338

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

339

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

on conversation with Supervisor

30

detainee rights and responsibilities.340 Disciplinary action may not be capricious or retaliatory,
and may not impose any of the following sanctions: “corporal punishment; deviations from
normal food services; deprivation of clothing, bedding, or items of personal hygiene; deprivation
of correspondence privileges; or deprivation of physical exercise unless such activity creates an
unsafe condition.”341 The detainee handbook or equivalent handbook, issued to detainees upon
admittance, should provide notice of all of the facility’s rules of conduct and advise detainees of
their rights to protection from personal abuse, discrimination, and their other rights.342 Officers
who witness rule violations must submit an incident report, which must be investigated within
twenty-four hours.343 Facilities should have a disciplinary panel in place to adjudicate detainee
incident reports.344 Only the disciplinary panel can place a detainee in disciplinary
segregation.345
DCDF has implemented most of this section of the Standards. According to Officer
the disciplinary policy at DCDF categorizes rule violations in two levels: minor
The rules, the disciplinary severity scales, and prohibited acts are detailed in the
and major.
Inmate Handbook distributed to all inmates; however, there is no separate immigration detainee
handbook. According to the Inmate Handbook, minor rule violations may result in a verbal or
written reprimand, punitive segregation for up to twenty-four hours, or loss of privileges.347
Examples of privileges that may be lost are visiting privileges, commissary privileges, and
recreation room privileges.348 Major rule violations may result in segregation for up to ten days
per violation, twenty-four hour cell confinement, or restrictions or loss of privileges for over
twenty-four hours.349 If in punitive segregation, inmates still have access to hygiene items,
reading and writing materials, visits with clergy, counselors, or attorneys, and sending and
receiving mail.350 Major rule violations merit a hearing, unless waived by the inmate.351 Inmates
receive written notice of any rule violation, this notice includes information regarding the rule
violated, the penalty imposed, and the appeal procedure.352 Except for room-specific rules, it
seems that rules are not posted around the Facility or in the housing units.353
(b)(6), (b)(7)c

340

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

341

Detention Operations Manual, Security and Control, Standard 5, Sections III.A.2 and III.A.3.

342

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

343

Detention Operations Manual, Security and Control, Standard 5, Sections III.B and III.C.

344

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

345

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

346

Notes of delegation member

347

DCDF Inmate Handbook, p. 21.

348

Notes of delegation member

349

DCDF Inmate Handbook, p. 21.

350

DCDF Inmate Handbook, p. 21.

351

DCDF Inmate Handbook, p. 21.

352

DCDF Inmate Handbook, p. 21.

353

Notes of delegation member

(b)(6)

on conversation with Officer
(b)(6), (b)(7)c

(b)(6)

on conversation with Officer

(b)(6)

on observations during tour.

31

The Programs Department of the Facility handles disciplinary hearings for major rule
violations for all inmates.354 It appears that there is no separate disciplinary panel for detainee
rule violations.355 Incident reports are made the same day that incidents occur and are
investigated within twenty-four to seventy-two hours.356 Segregation never exceeds ten days in a
row; longer periods of segregation are imposed by allowing one day out of segregation for every
ten days in segregation.357 Appeals can be made three times: first to a Supervisor, then to the
Deputy Jail Administrator, and finally to the Jail Administrator.358 The Inmate Handbook states
that Supervisors will respond to appeals within five days.359 The inmate then has two days to
appeal again to the Deputy Jail Administrator.360 The Deputy Jail Administrator has ten working
days to respond to the second appeal.361 The inmate then has two more days in which to appeal a
final time to the Jail Administrator, who will also respond in ten working days.362 Inmates are
notified of the appeal process in the Inmate Handbook.363 Two of the detainees interviewed
confirmed that they knew the disciplinary procedures at DCDF.364 However, the Inmate
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.”365
K.

Staff-Detainee Communication.
1.

Scheduled Contact with Detainees

The Detention 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 make written requests to ICE staff and receive an answer in an acceptable time
frame.”366 The Standards suggest that both weekly visits be conducted by ICE personnel and
that “regular unannounced (not scheduled) visits” be conducted by the ICE Officer in Charge

354

Notes of delegation member

on conversation with Officer

355

Notes of delegation member

on conversation with Officer

356

Notes of delegation member

357

Notes of delegation member

on conversation with Officer

358

Notes of delegation member

on conversation with Officer

359

DCDF Inmate Handbook, p. 22.

360

DCDF Inmate Handbook, p. 22.

361

DCDF Inmate Handbook, p. 22.

362

DCDF Inmate Handbook, p. 22.

363

DCDF Inmate Handbook, p. 22.

364

Notes of

(b)(6)

(b)(6)
(b)(6)

from interview with

on conversation with Officer

from interview with

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

(b)(6)

Notes of

(b)(6)

365

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

366

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

32

(b)(6)

(OIC), the Assistant OIC, and designated department heads.367 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.368
DCDF has not fully implemented this section of the Standards. An ICE officer makes
weekly, scheduled visits to the DCDF.369 The visitation schedule is posted in the detainee
housing areas.370 The ICE officer will also come whenever he is requested.371 The ICE officer
however does not regularly conduct unannounced visits to DCDF as required by the
Standards.372
2.

Request to Staff from ICE Detainees

The Standards require that detainees “have the opportunity to submit written questions,
requests, or concerns to ICE staff.”373 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.”374 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.”375
DCDF has implemented this portion of the Standards. The DCDF provides specific
immigration forms, entitled Detainee Written Request Forms, for the detainees to fill out if they
want to speak to someone from ICE.376 The forms are written in English but DCDF officers
assist those detainees who are illiterate or do not know English with filling out the forms
although typically the detainees assist each other with filling out the forms.377 Inmate request
forms are collected by the housing unit officer daily at meal times and at the final lockdown for
the evening.378 Detainee requests are faxed from DCDF to the ICE office in Chicago on
Mondays, Wednesdays, and Fridays.379 Responses are faxed back to the DCDF from the ICE
office for those requests that do not require a face-to-face visit.380

367

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

368

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

369

Notes of delegation member

370

Notes of delegation member

on conversation with Officer
on conversation with Officer
(b)(6)

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

371

Notes of delegation member

on conversation with Officer

372

Notes of delegation member

on conversation with Officer

373

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

374

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

375

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

376

Notes of delegation member

on conversation with Officer

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

(b)(6)

377

Notes of delegation member

378

DCDF Inmate Handbook, p. 10.

379

Notes of delegation member

380

on conversation with Supervisor

on conversation with Officer
(b)(6), (b)(7)c

(b)(6)

Notes of delegation member

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

on conversation with Officer

33

3.

Record Keeping and File Maintenance

The Standards suggest that facilities record all requests in a logbook specifically
designed for that purpose and that log should contain: “date the detainee request was received,
detainee’s name, A-number, nationality, officer logging the request, the date that the request,
with staff response and action, is returned to the detainee, and any other pertinent site-specific
information.”381 The Standards also suggest that the date the request was forwarded to ICE as
well as the date it was returned need to be recorded and the requests must remain in the
detainee’s detention file for at least three years.382
DCDF has substantially implemented this section of the Standards. While the ICE
office keeps a log of detainee requests, DCDF does not keep a log as the Standards suggest, but
rather the requests are entered into the computer system and can be retrieved and printed off at
any time.383 It is unclear the length of time the computer maintains these records and the type of
information that is stored in the computer system.
4.

Detainee Handbook

The Standards require that the facility must provide each detainee, upon admittance, a
copy of the detainee handbook or equivalent.384 The handbook also must state “that the detainee
has the opportunity to submit written questions, requests, or concerns to ICE staff and the
procedures for doing so, including the availability of assistance in preparing the request.”385
DCDF has not fully implemented this portion of the Standards. DCDF does not have
a separate Detainee Handbook, rather, every detainee receives a copy of the Dodge County
Inmate Handbook and Jail Rules upon admittance which he or she must return when he or she
leaves DCDF.386 This Inmate Handbook applies to the inmates generally, and is not specific to
the detainees and their concerns. Officer (b)(6), (b)(7)c stated that this did not follow the
Standards; he said that McHenry County was in the process of writing a detainee specific
handbook.387 It was unclear to the delegation whether the McHenry handbook would then be
used in DCDF. The DCDF Inmate Handbook is available in both English and Spanish and if the
detainee does not understand it, they can have someone read it to him/her.388 Also, a detainee
can have the Inmate Handbook translated to him or her if he or she does not speak or read
381

Detention Operations Manual, Detainee Services, Standard 15, Section III.B.2.

382

Detention Operations Manual, Detainee Services, Standard 15, Section III.B.2.

383

Notes of delegation member
Officer (b)(6), (b)(7)c

(b)(6)

on conversation with Officer

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

384

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

385

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

and

386

(b)(6)
Notes of delegation membe
on conversation with Supervisor (b)(6), (b)(7)c Notes of delegation
(b)(6)
member
on conversation with Officer(b)(6), (b)(7)c(a copy of the DCDF Inmate Handbook and Jail
Rules is attached as Exhibit D); Notes of delegation member
on conversation with Officer
(b)(6)
(b)(6), (b)(7)c

387

Notes of delegation members

388

Notes of delegation member

(b)(6)
(b)(6)

and

(b)(6)

, on conversation with Officer

on conversation with Supervisor

34

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

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

English or Spanish.389 The Inmate Handbook provides the procedure for inmate requests,
questions, and concerns, however it obviously does not specify the procedure for contacting the
ICE staff. It states that the requests are to be used for “contacting your public defender,
probation and parole agent, requests for programs and services, and any general information
requests.”390 Adding more information in the Inmate Handbook specifying the process for
contact with ICE staff would help make it clear to all ICE detainees that the detainee request
forms also apply to ICE communications. The Inmate Handbook is updated every six months.391
When an update occurs, a special notice is sent to all officers to notify them of the change and if
the change applies to the detainees and inmates it is also posted on bulletin boards in the
common rooms.392

IV.

CONCLUSION

The Dodge County Detention Facility has implemented many of the ICE Detention
Standards but has also failed to fully implement a number of sections. Our delegation suggests
the following recommendations:
The DCDF Inmate Handbook should be edited to remove the restriction on attorney visits
during mealtime and lockdown. The staff indicated that this was not the policy, however, its
place in the Inmate Handbook makes this a potential source for concern. Further, a
comprehensive explanation of the Phases and Levels should be included in the DCDF Inmate
Handbook to fully implement the Detainee Classification System Standard.
Due to the location of the Facility, it should be willing to extend visiting hours or allow
for visiting outside the normal schedule to accommodate visitors traveling from great distances.
To provide adequate telephone access to detainees, DCDF should ensure that detainees can place
free, direct calls to pro bono legal service providers and others. DCDF should not cut off phone
calls before 20 minutes have expired and should not limit legal phone calls unless necessary.
DCDF should not record or monitor legal phone calls (absent a court order), and if regular phone
calls are monitored, DCDF should provide detainees with the procedure for obtaining an
unmonitored call for legal purposes. DCDF should either contract out for a new telephone
service provider or provide better instructions on how to set up accounts in multiple languages if
they are going to continue to allow for collect calls only through ICS.
To provide proper access to legal materials, DCDF should ensure that detainees have
access to all legal materials required by the Standards, ensure that computer training is provided
if legal materials are only accessible via computer because some of the inmates are computer
illiterate, and ensure that sufficient computers and writing materials are provided without cost to
detainees. The Facility should increase the number of computers available in each Pod. To

389

Notes of delegation member

390

DCDF Inmate Handbook, p. 10.

391

Notes of delegation member

392

Notes of delegation member

(b)(6)

, on conversation with Officer
(b)(6), (b)(7)c

(b)(6)

on conversation with Officer
on conversation with Officer

35

provide proper protection for special correspondence, DCDF should better inform detainees how
to mark legal mail to ensure it is given priority treatment.
Some form of outdoor recreation should be available to the detainees. Although the
DCDF staff works hard to provide services and amenities for the detainees, the lack of any true
outdoor exposure clearly weighs heavily on the detainees. The only sunlight they encounter
other than when they happen to have a court hearing comes from some small skylights within the
Facility. Even a minimal amount of time outside each week would go a long way to increase the
overall mood of the detainees and inmates. Additionally, the only form of recreation is a
handball. Adding other items would give detainees more options to relieve stress and get
exercise.
DCDF should hire an on-site dentist so that the detainees can receive initial dental
screenings.
A detainee grievance committee should be in place to review formal complaints from
detainees. Detainees should have five days, not two, in which to make a concern known to a
member of facility staff. The Handbook should provide notice of procedures for contacting the
ICE to appeal a decision, and of the opportunity to file a complaint about officer misconduct
directly with the Department of Justice (or Department of Homeland Security). Additionally, it
is troubling that in one detainee interview, the detainee stated that he has not always received a
response to the grievances he has filed.
To ensure that DCDF does not abridge free religious practices, detainees should be able
to wear religious head coverings and use religious artifacts, at least during services.
DCDF should improve the conditions of their special management unit so that the area
includes beds and should allow those in the special management unit to use telephones and have
access to the law library so they are able to continue to work on their legal claims.
DCDF should have a separate disciplinary panel to adjudicate detainee incidents. The
Handbook should advise detainees of their right to protection from personal abuse and their right
to freedom from discrimination. Procedures should be in place to ensure that incident reports are
investigated within twenty-four hours.
To support the detainees’ access to ICE staff, ICE officers and other designated
department heads should conduct regular, unannounced visits to the Facility’s living and activity
areas. This would encourage informal communications between ICE staff and detainees and also
allow for informal observation of the living and working conditions. The current scheduledvisit-only procedure does not allow for the kind of ad hoc observation that was the aim of the
Standards. The DCDF should keep a logbook of all detainee written requests as well as filing all
the completed detainee requests in the detainee’s detention file for at least three years.
Lastly, DCDF should develop its own Detainee Handbook which addresses those issues
which specifically apply to the detainees so there are aware of their rights.

36

LATHAM &WATK I N SlLP

37