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MEMORANDUM

Washington, D.C.

September, 2003
Anthony Tangeman, Deputy Executive Associate Commissioner, Office of
Detention and Removal, Immigration and Naturalization Service
American Bar Association Delegation to Hampton Roads Regional Jail1

To:
From:
File no:
Copies to:
Subject:

, ABA Commission on Immigration Policy, Practice and Pro Bono
Report on Observations during a General Tour of the Hampton Roads Regional Jail
b6

I. Introduction
This memorandum summarizes facts and findings gathered during a recent tour of the
Hampton Roads Regional Facility in Portsmouth, Virginia (the “Facility”) and evaluates the
Facility’s compliance with the “INS Detention Standards (the “Standards”). 2 The information
was gathered via observation of the Facility by the delegation and interviews with detainees and
Facility staff on July 29, 2003.
Based on visual assessment and interviews with current detainees, it is the delegation’s
opinion that, overall, the Facility is in compliance with a majority of the standards listed in the
Standards and is a clean and well-managed detention center. The delegation did note several
areas, however, that could be improved upon to ensure compliance with the Standards,
including:

1

2



A lack of computers and/or typewriters in the detainee legal library;



Insufficient private phone access and a complicated phone system; and



A lack of Spanish-speaking staff.

The delegation was comprised of Latham & Watkins attorneys
b6
b6
and summer associates
b6
See Detention Operations Manual (November 1, 2000).

DC\612567.3

b6

and

b6
b6

and

b6

II. The Hampton Roads Regional Jail
The Hampton Roads Regional Jail is located in Portsmouth, Virginia. The Facility is not
a Bureau of Immigration and Customs Enforcement (“BICE”) facility but operates primarily as a
local jail and contracts with BICE to hold BICE detainees. On the day of the delegation visit, the
Facility housed 1050 inmates, 132 of which were BICE detainees. Of the 132 detainees, 114
were male and 18 female. The male detainees are customarily held separately from the general
jail population and live in a separate BICE pod. The male detainees may be mixed in with the
general population upon arrival if there is not an open space in the detainee pod, or if they are
moved to a room in the medical area. Female detainees do not have a separate pod and thus are
always mixed in with the general female population.
Built in 1998, the Facility is a modern building, which utilizes a pod system for housing
inmates and detainees. Each pod is a guarded, self-contained unit and includes a dining
facility/dayroom and an indoor recreation facility. Inmates and detainees may only leave their
pod to travel to court appearances, use the main legal library or see a health professional in the
medical ward. Access to each pod is controlled by the staff stationed in the respective pod. The
entire facility is also monitored by security cameras.
As required by the Standards, the Facility publishes and distributes an “Inmate Handbook
of Jail Rules and Regulations.” 3 The handbook discusses General Rules of Conduct, Admissions
Process, Classification, Facility Orientation, Inmate Rights, Inmate Discipline, Inmate Services,
Daily Activity Schedules, Inmate Programs and Inmate Grievances, and thus complies with the
Standards. The handbook is available in English and Spanish only, 4 even though detainees with
other native languages are housed at the Facility.
The Facility appears to be an extremely secure facility and there have been no reported
escapes.
III. Observation of Implementation of Legal Access Standards
A. Visitation
1. Visitation by Attorneys
a.

Visitation Times

Attorney visits are allowed during business hours, by request and on weekends if the visit
is pre-arranged. The Facility does not place time constraints on attorney visits, though the staff
requests that they be of a reasonable duration, a standard that the staff stated was quite flexible.
The staff stated it was also supportive of pro bono attorney visits because they felt such visits
gave detainees an outlet for their complaints. The Facility staff stated that visiting hours are
posted, but the delegation did not observe a copy of the schedule on the visit to the Facility. The
3

See Inmate Handbook of Jail Rules and Regulations (September 1, 2000), attached at Tab A.

4

See La Guia del preso de Normas y sus Reglamentos (September 1, 2000), attached at Tab B.

2
DC\612567.3

staff confirmed that detainees are not forced to forgo meals in favor of attorney visits and are
provided with meal trays if they miss a meal to meet with an attorney.
b.

Attorney Access

Attorneys visiting the Facility were required to show identification and bar membership if
the visit was not pre-arranged. All other legal representatives only had to show a picture ID.
The delegation, consisting of both attorneys and summer associates, only had to present picture
ID upon arrival.
c.

Security Concerns

The delegation was informed by the prison staff that the Facility has a policy of strip
searching inmates after contact visits and thus detainees are strip searched after attorney visits.
Though the staff reports this policy is generally followed, some detainees reported that they are
not always strip searched.
d.

Access to Contact Information for Legal Services

Because the phone system did not operate optimally, as discussed below, it was difficult
to assess where the problem, if any, may lie in obtaining access to legal services. The staff stated
that detainees are able to reach embassies and consulates using the Facility’s preprogrammed
telephone system and that lists of numbers are posted in English and Spanish to reach free legal
services providers. However, when the delegation tried several of the listed numbers, they were
unable to reach the intended recipient. Several detainees also noted that most attorneys working
on a pro bono basis would not represent clients with a criminal record and the delegation
observed that many of the detainees at the Facility had no legal representation. The delegation
was informed that, on average, it took about three weeks before a detainee’s first court
appearance.
e.

Visitation Conditions

Attorney visits are not recorded and are not monitored except for the presence of a guard
passively observing outside the room. The staff indicated that conversations could be monitored
if probable cause for such monitoring existed and a court order was obtained. There was
adequate space provided for visits and the visitation areas were spartan and very clean.
Visitation rooms are “contact” facilities, in that papers can be passed to detainees, but no
physical touching is possible.
2. Visitation by Family and Friends
a.

Visitation Times and Duration

3
DC\612567.3

Visitation is allowed for twenty minute intervals during scheduled visiting hours. 5
Detainees noted that the allotted duration of the visits was not always observed. Visits can occur
twice a week and detainees are allowed a list of six people who are eligible to visit at any given
time. Detainees usually have the opportunity to change the list once a week. Special visits for
relatives traveling from out of town are allowed if scheduled ahead of time, which usually last
forty minutes. The limit on meeting time was implemented to ensure equal access for all
inmates.
b.

Other Limits on Visitors

Family visits are strictly non-contact and money must be wired to the Facility, at which
point it will be put in an account for the detainee’s use. Multiple people are allowed to visit a
detainee at the same time. Though a guard patrols the interview room, conversations are not
recorded and the staff noted it was rare for a conversation to be interrupted. Minors are allowed
to visit if accompanied by an adult. Family members detained at the same facility have
absolutely no contact with one another unless they are housed in the same detention pod.
c.

Security Concerns

As mentioned, family visits are non-contact so there is no strip search of detainees after
family visits. The staff reported that visitation privileges could be revoked for disciplinary
problems and restraints are not used on detainees during visits.
B. Telephone Access
The delegation observed that ten phones were present in each of the pods visited,
with nearby bulletin boards listing telephone numbers of various pro bono legal services,
embassies etc. as required by the Standards. This information was also provided in Spanish.
The delegation was informed that two prison staff members were responsible for maintenance of
the phones and that technical difficulties with the phones were discovered via complaints from
detainees rather than through regular maintenance checks. The delegation was also informed that
if a detainee is having difficulties placing a call it has been the staff’s practice to take the
detainee into their office and personally assist the detainee in placing the call. Upon inspection,
the delegation noted that two of the ten phones in one pod were not functional and one of the ten
phones in another pod was also not working properly.
In addition, the delegation observed several other problems with the phone systems in the
Facility. First, the Standards dictate that detainees should be able to make free calls through preprogrammed technology to consular offices, free legal service providers, local courts,
government offices and family members (in case of emergency). Although this pre-programmed
system was in place, each such service provider or office was assigned a three-digit phone
number that had to be dialed in order to reach them. These numbers were not posted near the
phones nor was it explained on any of the bulletin boards that a detainee would need to obtain
such numbers in order to place such a call. The prison staff had this list of numbers available
5

Visitation is currently scheduled for Tuesday through Saturday.

4
DC\612567.3

upon request, but the lack of communication about how this system functioned appeared to make
the pre-programmed system quite ineffective and confusing for a detainee. The prison staff
informed the delegation that free calls (emergency or not) to family members were not available
to detainees but rather had to be placed collect. In addition, numerous 800 numbers for various
services were listed on the information sheets near the phones, which was very misleading, as it
was not possible to place 800 calls from the phones, although the prison staff noted that most of
these numbers were available on the pre-programmed list.
The Standards also dictate that detainees should be able to discuss their legal cases on the
phone in a private environment. The phones in the Facility do not provide such privacy as they
are in a visible, open environment where a person placing a call would be surrounded by other
inmates and prison guards.
The delegation was informed that only emergency messages were delivered to detainees,
although the Standards dictate that a facility should receive and deliver all phone messages for a
detainee promptly. However, members of the prison staff did mention that they make special
efforts to deliver messages from attorneys to detainees.
The Standards also dictate that non-legal calls may have a maximum time limit of 15
minutes while legal calls should have a 20 minute maximum. While the delegation was
informed by prison staff that calls have a 20 minute limit, in a subsequent interview with a
detainee 6 a member of the delegation was told that calls were limited to 10 minutes.
The major detainee complaint regarding the phone systems was that collect phone call
rates were prohibitively high. The delegation was informed by prison staff that collect calls were
$1.00 for 15 minutes, however, in a subsequent interview with a detainee, 7 a delegation member
was told that local calls were $3.00 for ten minutes and that out-of-state collect calls were $4.73
for the first minute and $.73 per minute thereafter.
Overall, the Facility provided adequate access to phones, although lack of privacy was a
problem, the pre-programmed call systems was quite complicated and therefore, most likely
ineffective, and rates imposed on collect calls made such calls prohibitive for detainees and their
intended recipients as well.
C. Legal Materials
The Facility contains two permanent legal libraries and one traveling library. The main
legal library is used by all inmates and thus is only used by detainees who are housed in mixed
pods. Detainees who are not housed in mixed pods are generally not permitted to use the main
legal library as detainees in the detainee pods and inmates do not usually interact. Male
detainees who live in the detainee pod use an immigration law-specific library located in the
detainee pod and female detainees use the immigration law-specific traveling library, which is

6

Interview with

b6, b7C

7

Interview with

b6, b7C

5
DC\612567.3

brought to the female pod. Detainees housed in mixed-pods do not use this library as the main
legal library to which they have access is sufficiently equipped to accommodate immigration
law-specific research. Although the Facility should be commended for creating a separate
immigration law-themed library for the detainees, the detainee library is not sufficiently
equipped for legal research and writing as it contains only one computer and, based on
interviews with detainees, priority does not appear to be given to those seeking to perform legal
work as opposed to personal work.
1. Materials Identified in Detention Standards List
The detainee library includes materials in book and computer form. The library is
lacking of many of the books listed in supplement A-2 of the Standards and its collection
consists mainly of the U.S. Code and Matthew Bender materials. 8 The Facility staff stated that
they attempted to purchase the books listed in the A-2 supplement and cited lack of funding as
the reason for the missing texts. The delegation was not informed of the methods the Facility
uses to replace missing or outdated materials.
In addition to the immigration books, the library also contains an immigration-specific
computer program, which allows access to the U.S. Code, Mathew Bender materials and cases
pertaining to immigration law. Although this program may be quite helpful to detainees, the lack
of computers in the library, as noted below, virtually eliminates the program as a research option.
2. Library Conditions
The most compelling issue relating to the library is the lack of computers. The Standards
recommend that the Facility maintain one computer or typewriter per five detainees; however,
the Facility only has one computer and no typewriters for 85 male detainees in the detainee pod. 9
The female detainees, of which there are 18, also have one computer on their traveling library
cart. The majority of the Facility’s computers are found in the main legal library, but these are
generally off-limits to detainees. In addition, detainees report that the Facility allows detainees
equal access to use the computer, without giving preference for detainees conducting legal
research. As a result, a detainee who wishes to search LEXIS for a case would have to wait
behind a detainee utilizing the computer for personal use.
The delegation also noted that the detainee library is quite small and can only
accommodate four or five detainees at a time. The detainee library contains two writing tables,
one computer table and five chairs.
3. Photocopies and Mail

8

Due to time constraints, the delegation was unable to account for all books listed in the A-2 supplement. The
delegation was able to ascertain that the library included: Bender’s Immigration and Nationality Act
Service, Title 8 of the United States Code, Federal Habeas Corpus, Practice and Procedure, and Federal
Civil Judicial Procedure and Rules.

9

Facility officials report that the detainee pod originally had two computers but one was rendered inoperable by the
detainees.

6
DC\612567.3

Mail is delivered to the detainees Monday through Friday. Although the Standards
suggest that all mail should be inspected in front of the detainee and not read, except in random
inspections, personal mail is inspected and read before delivery to the detainee. Legal mail is
opened and inspected in front of the detainee but is not read.
Detainees have free access to copies of legal materials through the Facility’s request
system.
Envelopes and stamps are available to detainees, though detainees with money in their
inmate accounts are required to pay for them. Indigent detainees receive such materials without
cost. Each detainee is also provided with a special pen that is unable to be used as a weapon.
4. Access to Library, Equipment and Holdings
Access to the detainee library is quite liberal and exceeds the Standards requirement of
one hour of access of day. Detainees are permitted to use the library during their free time out of
their cells, which results in almost unlimited library access. 10 The Standards guideline is not met
in regards to the female pod, however, as the traveling library only visits the female pod once a
week and, as mentioned, detainees are not generally allowed to use the main legal library
because the staff prefers that detainees not interact with inmates on a regular basis.
D. Group Rights Presentations
The Standards provide that facilities 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 the BICE facility. 11 All
facilities must cooperate fully with authorized persons seeking to make such presentations.
According to Facility staff, a group called the CARE Coalition conducts a monthly group
rights presentation for all detainees who wish to attend. Those presentations are held in the
basketball court/recreation room in the pod where the majority of detainees are housed and are
announced by fliers posted in the pods. The CARE Coalition shows the “Know Your Rights”
video and then provides individual counseling to any unrepresented detainees who request it.
Facility staff expressed appreciation for these presentations, as well as for all outside volunteers
seeking to work with the detainees. They also confirmed that no detainee is required to forgo
recreation or meals if they decide to attend a rights presentation.
Several detainees communicated that these presentations occur regularly, and that the
Facility cooperates with the presenters.
E. Immigration Court

10

During the day, detainees are locked in their cells during shift change but are otherwise free to use the common
area and library.

11

See Detention Operations Manual, Group Presentations on Legal Rights, Standard 3.

7
DC\612567.3

The Facility does not have an on-site immigration court, but rather, detainees are
transported by the prison staff to the local immigration court to appear in person for their
scheduled hearing. Detainees are handcuffed during this ride, per prison rules. One of the main
pro bono legal services in the area assisting detainees during such proceedings is the CARE
Coalition. The number for the CARE Coalition is listed next to each phone bank contained in
the BICE pod and the organization can be reached by dialing the applicable code, which can be
obtained from the pre-programmed list upon request.
F. BICE Presence
The delegation was informed that there is no daily BICE presence at the Facility but that
BICE staff, usually field agents, visit the site approximately twice a month.
IV. Other General Observations Unrelated to the Legal Access Standards
A. Recreation
There is no outdoor recreation area at the Facility. Each pod has a fully enclosed and
roofed recreation room, approximately the size of a half-court basketball court, with one barred
window approximately seven feet tall and six feet wide placed high up on one wall. Facility staff
believe that this window meets the corrections industry definition of “outdoor” recreation, but
that interpretation does not appear to be consistent with the Standards. 12 To the contrary, these
recreation rooms appear to be exactly what the Standards specify as acceptable conditions for
indoor recreation—a large recreation room with exercise equipment and some access to sunlight.
The recreation rooms are clean and attractive, like the rest of this relatively new facility.
The Standards require “a variety of fixed and movable equipment.” 13 Each recreation
room has a basketball hoop on one wall and detainees are provided with a basketball upon
request. Both Facility staff and detainees with which we spoke with indicated that the detainees
generally play either basketball or some variant of soccer. No other exercise equipment is
available.
The delegation did not discover whether case officers are processing requests for
transfers from the Facility to a facility with the required outdoor recreation in accordance with
the Standards. The Standards provide that such requests must be reviewed after six months, and
that “[a] detainee’s stay in a facility providing no regular opportunities for outdoor recreation
will exceed nine months only if the detainee has read and signed a voluntary waiver.” 14 It would

12

The Standards provide that every effort shall be made to place a detainee in a facility that provides outdoor
recreation. If a facility does not have an outdoor area, a large recreation room with exercise equipment and
access to sunlight will be provided.” If only indoor recreation is available, each detainee must have access
to at least one hour each day, and shall have access to natural light.

13

See Detention Operations Manual, Section 27, at III.G.

14

Id. at III.C.1.

8
DC\612567.3

appear, therefore, that no detainee should be held in the Facility longer than nine months without
such a waiver.
Notwithstanding these shortcomings in the Facility and its equipment, the Facility staff
should be commended for their generous and flexible attitude toward detainee recreation. All
detainees are provided with the one hour per day as required by the Standards, but Facility staff
informed us that unless there is a particular reason to confine the detainees to their cells or
dayrooms the recreation rooms are in fact open and available for use for much of the day.
Detainees are allowed in the recreation rooms in groups of six to ten at a time (unless they are in
segregation or protective custody, in which case they may be alone), and are often permitted to
remain there for several hours if they desire. Several detainees we spoke with confirmed that the
Facility staff did not limit recreation to the one hour per day minimum.
The dayrooms are all equipped with televisions, and the dayroom in the pod where most
detainees are housed has two—one showing English and the other Spanish programming. 15 The
Facility’s inmate handbook states that table games are available upon request from the staff.
B. Medical Care
The Facility employs 40 full time personnel to operate its medical unit. Of those 40
employees, there is one full time physician on staff, 2 physician assistants, 1 psychiatrist, 2
psychologists, 1 dentist, 1 dental assistant, and 32 nurses. The medical unit is accredited by the
National Commission on Correctional Health Care and the American Corrections Association. 16
Medical services are available at the Facility 24 hours per day, seven days a week. Although Dr.
b6
the full-time physician at the Facility, works five days a week, he is on call
during the weekends to provide emergency medical care. Finally, all Facility officers are trained
in CPR and First Aid.
b6
Dr.
speaks French and the staff psychiatrist speaks five languages, but the
Facility does not provide any other interpretation services for detainees seeking medical
assistance. Several detainees expressed dissatisfaction with the lack of translation services
available at the Facility.

If a detainee needs medical care, he or she must fill out a Health Care Request Form. The
detainee will be seen by a medical professional within 24 hours of submitting the Health Care
Request Form. If the detainee requires emergency medical care, he or she should notify the
appropriate housing pod supervisor. The detainees interviewed by the delegation were familiar
with the procedure for accessing medical care at the Facility. The Facility has the capacity to
provide several specialized medical services including: dialysis, x-rays, and the provision of
pressure rooms for inmates with communicable diseases. If the Facility does not have the
capability to properly serve a detainee’s medical needs, he or she will be will be referred to an
15

One detainee pointed out that the Spanish language television does not generate sufficient volume to be easily
heard, however.

16

Interview with Ms.

b6

Health Services Administrator.

9
DC\612567.3

off-site physician for specialized treatment. The Facility does not provide vision services for
inmates or detainees. The Facility has an on-site pharmacy that dispenses medications to the
Facility staff members who, in turn, provide the medications to the appropriate detainees. There
are certain medications, however, that the Facility does not provide to detainees. 17
All detainees receive an initial medical screening during intake at the Facility. During
this screening, a registered nurse assesses the detainee’s medical history, mental health history,
and performs a cursory physical exam. If a medical or mental health problem is detected during
the initial intake screening, the detainee will be referred to the appropriate care provider for
further services. Detainees are also asked to sign consent forms to accept medical treatment at
this time. The consent forms are kept on file in the Facility’s medical unit. If a detainee refuses
to sign a consent form, he or she may be segregated from the general inmate population if the
medical staff deems the detainee to be a possible medical risk to the other inmates/detainees.
The psychiatrist is at the Facility for appointments twelve hours per week. The
psychiatrist is also on call twenty-four hours per day for mental health emergencies. Some
inmates and detainees are also referred to the local CSB if the staff psychiatrist or psychologists
are unable to meet his or her mental healthcare needs.
Detainees also receive a general dental screening by a staff nurse during intake. Dental
care is provided by an on-site dentist four days per week. The delegation was told that the
dentist provides only major dental work to treat medically threatening dental conditions (e.g. root
canals, caps, bridges). The Facility does not offer periodic cleanings to detainees who have been
housed at the Facility longer than six months.
The Facility does not have a designated procedure for releasing medical records to a
detainee or a detainee’s legal representative. When the delegation asked about the release of
medical records, the Facility staff members told us that they had not yet received a request from
a detainee for medical records. General population inmates are required to pay a fee for their
medical records. The Facility staff was unable to tell the delegation whether or not a fee would
be assessed for the release of detainee medical records.
Virginia law requires a facility to have a court order to administer forced treatment to an
inmate. When the delegation queried the Facility staff regarding its policy relating to the forced
treatment of BICE detainees, it was told that forced treatment would be administered only in
emergency situations and after the Facility had contacted the BICE to notify the agency of its
decision to administer forced treatment. The Facility has dealt with a hunger strike scenario on
one occasion in November of 2002. The hunger strike lasted for only five days and did not
necessitate any medical treatment. The Facility followed BICE guidelines when managing the
hunger strike. 18

17

For example, one detainee interview revealed that the Facility would not dispense Accutane to help treat the
detainee’s severe acne (the detainee had be using Accutane prior to her detention). The Facility personnel
told the detainee that Accutane was not required to maintain her general health and welfare.

18

Interview with Ms.

b6

Health Services Administrator.

10
DC\612567.3

Detainees with HIV are housed with other detainees/inmates and are not separated from
the general population. HIV positive detainees receive specialized medical care from the Facility
medical staff and are also referred for mental health counseling. All cases of HIV positive
detainees are reported to the appropriate authorities.
C. Religious Issues
The Facility has a Chaplain’s office on-site and provides regular on-site religious services
as well. The delegation was informed by prison staff that each detainee’s religious affiliation is
noted at intake and that each detainee is informed of the schedule of services during this time.
The delegation noted that such service times are also posted in each pod. Religious services and
programs at the Facility are run by the Good News Jail Ministry, a non-denominational
organization run by a volunteer Chaplain. Although services are performed in numerous
denominations, a detainee or prisoner may request that a service of a certain faith be performed
at the Facility and the Good News organization will then seek volunteer religious leaders from
local religious communities to come in to the prison to perform the religious services and classes.
An inmate or detainee may also request a particular volunteer to come to the prison if they
happen to be familiar with someone in the area. Colonel b6, b7C noted that the Facility has
recently had problems accommodating requests for Muslim services due to the heightened
background checks in the post-September 11 era.
Religious services are performed in the area of the Facility where classes are conducted
and individual counseling services may also be performed in the pod where a particular detainee
resides.
The delegation was informed that special diets are provided upon request to
accommodate different religious requirements of inmates. The prison Chaplain determines such
diets in conjunction with the prison’s medical staff. Any fasting undertaken by an inmate,
whether for religious reasons or not, is strictly monitored by the prison’s medical staff.
The Standards dictate that religious headwear be permitted and that detainees be allowed
to retain certain items in their personal belongings such as prayer beads, religious medallions and
oils. The delegation was informed that detainees are not allowed to wear headwear such as
turbans, and they may not wear religious jewelry such as crosses because, as noted by the prison
staff, such objects can pose a security concern. Detainees are, however, permitted to keep a copy
of the Bible or Koran or similar literature in their personal effects.
With the exception of the limitations on detainee’s right to wear religious headwear and
other religious items, the Facility seemed to comply with the Standards in all material respects
and was very sensitive and accommodating to detainee’s religious and spiritual needs.
1. Dietary Requirements
Inmates’ diets are determined by a dietician retained by the Facility’s food service
provider, Aramak. If a detainee has religious dietary requirements, their diet is set by the
medical staff and the Facility’s Chaplain to ensure that the detainee remains in good health. In
the event of a hunger strike, for religious reasons or otherwise, the detainee’s mental and
11
DC\612567.3

physical health is closely monitored by the medical staff and the Chaplain. Detainees on a
regular prison-prescribed diet receive an average of 2900 calories per day. The delegation was
informed that each meal costs the Facility approximately $0.91 per day and that prison
volunteers often work in the Facility’s kitchen and prepare meals for inmates.

D. Detainee Classification
Upon arrival at the Facility, a detainee is classified according to the type of crime
committed and gender. The Facility maintains separate pods for both male and female BICE
detainees, but there is no interaction between the male and female pods. Some BICE detainees
are co-mingled with criminal inmates but this is usually necessary only when there is no space in
the applicable BICE pod. As soon as space is available, the detainee who has been in with the
regular prison population would be relocated first. Detainees may also be segregated from the
regular BICE detainee population due to mental health concerns, illness or other medical reasons
or for disciplinary reasons.
1. Accommodations
Detainees are usually placed two to a cell and sleep in bunk beds. They are provided
with clean sheets, blankets and washcloths upon arrival and bed linens are changed by the prison
staff once per week. Linens are cleaned in the main laundry room of the Facility while personal
effects (i.e., clothes, undergarments) are usually cleaned in a small laundry room located in each
pod by detainee/inmate volunteer workers. Detainees are able to purchase personal hygiene
items at the Facility’s commissary or, if unable to afford such items, a detainee will be presented
with an “indigent pack” upon arrival, which contains, among other things, a comb, towels,
blanket, soap, shampoo, toothpaste and a toothbrush. These indigent packs are refilled free of
charge upon request.
2. Personal Item Retention
The Standards provide that detainees should be allowed to keep small religious items,
religious and secular reading materials (soft cover), legal documents, ten 5 x 7 pictures,
prescription glasses, dentures, address books and a wedding ring. 19 Detainees at the Facility are
allowed to keep the Bible, Koran or other such literature in soft cover only. Detainees are not
allowed to wear necklaces, whether worn as a religious symbol or not. The only jewelry they are
allowed to retain is a wedding ring. Legal documents are also permissible, as long as the
materials fit in the space allotted (usually 5 boxes worth of documents). Extra legal materials are
retained by the prison staff and a detainee may exchange materials that he or she has already
reviewed for materials kept in storage, as necessary. Detainees are also allowed to retain
personal effects such as pictures and prescription glasses.
3. Work Programs

19

See Detention Operations Manual, Standard 17.

12
DC\612567.3

The Standards provide that every facility with a work program will provide detainees
who are physically and mentally able to work the opportunity to work and earn money. 20 The
Facility does afford detainees the opportunity to work in various positions within the Facility
such as laundry, kitchen and tutoring. However, all such work is performed on a volunteer basis
and detainees are not paid for their services.
E. Grievance and Disciplinary Procedures
The Standards dictate that each facility must develop standard operating procedures that
address detainee grievances including emergency grievances and must guarantee against any
reprisals. 21 The Facility has such standard operating procedures in place to address detainee
grievances. The delegation was informed that a detainee is able to write a complaint and place it
in one of the “grievance boxes” located in each pod. One detainee noted however, that upon
placing such a complaint about one of the prison guards in his pod, he felt as if that guard began
to treat him unfairly and he did not feel as if his complaint was being addressed. 22 This detainee
also noted that complaints placed by non-English speaking detainees seemed to go unaddressed
longer than those placed by English speaking detainees.
Detainees can be placed in segregation for certain medical conditions such as
Tuberculosis or other specified contagious diseases but not for having HIV. Detainees can also
be placed in segregation for disciplinary reasons. A detainee placed in segregation for a medical
condition is usually placed in a quarantined ward, whereas a detainee segregated for disciplinary
reasons is usually placed in solitary confinement. If necessary, restraints can and will be used by
prison guards. One detainee noted an incident where an individual, after causing a disturbance,
had his hands and feet restrained by prison guards and was then left face down in his cell for
approximately five hours before being released. 23
F. Classes
There are three teachers and one substance abuse counselor on staff at the Facility. The
delegation had the opportunity to speak with two of the teachers to discuss the classes they offer
at the Facility. The Facility offers the following classes on a weekly basis: Substance Abuse
Training, English as a Second Language, Prenatal classes, GED Preparedness, Anger
Management, Special Education, Life Skills, and Job Readiness. The times and dates of these
classes are posted near the classrooms at the Facility, but are not posted within the prison
housing areas. All of these classes are offered to the BICE detainees. Those detainees that
successfully complete the GED class are awarded a GED. The delegation met with detainees

20

See Detention Operations Manual, Standard 37.

21

See Detention Operations Manual, Standard 18.

22

Interview with Mr.

23

Interview with Mr.

b6, b7C

13
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who have attended the English as a Second Language class, as well as the Anger Management
class. They provided positive feedback on the quality and regularity of the classes. 24
The delegation found that the Facility is in compliance with the Standards. The Facility
makes significant efforts to provide detainees with structured classes that meet their educational
and emotional needs.
V. Conclusion
Overall, the Facility appears to have implemented a majority of the Standards. The
delegation generally found it to be well-run and well-maintained. The problem areas noted were
access to telephones, which the Facility said they were addressing, and the legal materials
available to inmates.

24

Ms.

b6

notes. Interview with detainee,

b6, b7C

14
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