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MEMORANDUM

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August 1, 2003

To:
From:
File no:
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Washington, D.C.

Anthony Tangeman
American Bar Association Delegation to the Monmouth County Correctional
Institute 1
502130-0003
b6
ABA Commission on Immigration Policy, Practice and Pro Bono
Report on Observations During a General Tour of the Monmouth County
Correctional Institute in New Jersey

I. INTRODUCTION
This memorandum evaluates and summarizes facts and findings gathered at the at the
Monmouth County Correctional Institute (“MCCI”), a facility used by the Immigration and
Customs Enforcement (ICE) under an Inter-governmental Service Agreement (“IGSA”) in New
Jersey. The information was gathered via observation of the facility by the delegation and
interviews with detainees and facility staff on July 17, 2003.
The Immigration and Naturalization Service 2 (“INS”) promulgated the “INS Detention
Standards” in November 2000 to insure the “safe, secure and humane treatment of individuals
detained by the INS.” The thirty-six 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 Contract Detention Facilities (“CDFs”), ICE Service
Processing Centers (“SPCs”), and state and local government facilities used by the INS through
Intergovernmental Service Agreements (“I.G.S.A.”). The Standards constitute a “floor” not a
“ceiling” for treatment of ICE detainees. In other words, they are meant to establish the minimal
requirements that the ICE must adhere to in the operation of its facilities. Each ICE Field Office
or Officer in Charge (“OIC”) of a facility may, in his or her discretion, promulgate policies and

1

2

The delegation was comprised of Latham & Watkins attorneys
b6
b6
b6
,
and

,

b6
b6

.

The INS is now known as the United States Immigration and Customs Enforcement (“ICE”).

NY\807941.3

b6

practices affording ICE detainees more enhanced rights and protections than those provided for
by the Standards.
Overall, the delegation felt that the staff at the Monmouth County Correctional Institute
are taking steps toward implementation of the Standards. However, the following problems
were noted by the delegates during the course of our visit:
•

Insufficient access to contact information for legal services.

•

Understocked, understaffed, and outdated law library with inadequate computer or wordprocessing support. With almost no immigration-related materials, the library is of little
use to the detainees housed at this facility.

•

Insufficient private phone access and free phone calls to counsel.

•

Incorrect contact information for “Free Legal Services” and government agencies.

•

Inadequate clothing provided to detainees.

•

No detainee-specific handbook.

•

The facility simply does not live up to its promise of adequate visitation rights.

•

Evidence of last-minute remedial action and clean-up of problems prior to our visit.

This memorandum focuses on portions of the Standards relating particularly to areas of
legal access, as well as general concerns arising from observations during the general tour. ICE’
stated goal in promulgating these Standards was to insure the “safe, secure, and humane
treatment” of ICE detainees. In particular, the memorandum focuses on the Monmouth County
Correctional Institute’s implementation of the Standards relating to access to counsel and legal
rights, including the following: (1) Visitation; (2) Telephone Access; (3) Legal Materials; and
(4) Group Rights Presentations. This memorandum also addresses other concerns observed
during the course of the visit including: recreation, medical care, and religious issues.

II. THE MONMOUTH COUNTY CORRECTIONAL INSTITUTE
The Monmouth County Correctional Institute is located in Monmouth County, New
Jersey. The facility is accredited according to the standards of the American Correctional
Association. Monmouth typically houses around 1200 prisoners of which 150 are ICE detainees.
On the day of the delegation’s visit, 149 of 1210 inmates were ICE detainees. Though there are
130 female prisoners at Monmouth, none are ICE detainees. The detainees were transferred
from federal prisons after serving sentences for felony convictions. Most of the ICE detainees
are from Latin American countries.

2
NY\807941.3

III. OBSERVATION OF IMPLEMENTATION OF LEGAL ACCESS STANDARDS
A.

Visitation

The range of permissible visitors at the MCCI includes: attorneys, legal representatives,
friends, family, and media. Detainees are allowed to have both “contact” and “non-contact”
visits at the Monmouth County Correctional Institute.
1.

Visitation by Attorneys
a.

Visitation Times

According to the Standards, legal visitation should be allowed seven (7) days a week for
a minimum of eight (8) hours on weekdays, and four (4) hours on weekends. Legal visitations
should not be terminated for meals or routine official counts. Procedures should be in place to
permit the detainee to receive a meal, or recreation, after the interview.
The Inmate Handbook states that only “members of the Clergy, Religious Leaders, and
Attorneys shall be allowed to visit their clients as frequently as necessary.”3 According to
Officers b6, b7C and b6, b7C
attorneys are able to meet with their clients seven (7) days a
week at any time before lockdown, which is at 9:30 pm. Visits are not to be interrupted during
meals or head counts. According to the officers, if a meeting continues through meal hours,
detainees have a menu tray or a sack meal brought to them at the visitation room; Detainee
b6, b7C
stated that food would be provided only after the meeting, rather than during it.
Officer b6, b7C also stated that the attorney visits with those in disciplinary or administrative
segregation are not limited.
b.

Attorney Access

The Standards provide that attorneys without bar cards must be granted access if they
show other available documentation to demonstrate bar membership. An attorney or an
accredited representative should not have to submit a G-28 for a pre-representation interview.
And, upon presentation of a letter of authorization from a supervising attorney, legal assistants,
law students, or law graduates, and non-attorneys with appropriate identification should be
allowed entry.
The facility fails to meet all the criteria. The Inmate Handbook is silent about this
standard. Officer b6, b7C stated that an attorney who does not carry a bar card and who is not
on the Bar Association list of Attorneys ostensibly provided may not be allowed to meet with her
client. He denies any knowledge of the G-28 form, but he then asserts it is not necessary. Also in
accordance with the Officer, any other legal representative, interpreter and investigator can visit

3

Inmate Handbook (January 22, 2001) at 9. Only one of the detainees interviewed had received a copy of
the Inmate Handbook; the delegation was told that there is a copy of it in the cell block.

3
NY\807941.3

the detainee if there is proof of authorization from a supervising attorney firm and if this proof is
pre-approved by the Facility’s administration. 4
c.

Security Concerns

At the MCCI, according to Officers b6, b7C
and
5
corroboration, there are no strip searches after legal visitation.
d.

with detainees’

b6, b7C

Access to Contact Information for Legal Services

The delegation observed that there is insufficient access to Information for Free Legal
Services at the MCCI. The Inmate Handbook does not include any instructions about it, but the
staff referred to a phone number through which you can have access to a list of public defenders.
Some of the detainees interviewed mentioned the existence of a list of names of free legal
services maintained in the unit. However, it was not clear to the delegation whether the MCCI
provided the list or if it was provided by ICE, before the detainees’ admittance to the facility. In
any case, the detainees reported that the list is largely useless to them because they are given no
free calls and the cost of outgoing calls is prohibitive. The only real option when calling
attorneys or legal aid providers is to call collect and they routinely do not accept the charges.6
b6, b7C
Moreover, Mr.
reports that, through calls with his family, he has learned
that none of these organizations listed help individuals convicted of a felony. During the tour,
the delegation did not observe any list posted near the telephones.
e.

Visitation Conditions

The Standards provide that facilities should allow detainees to meet privately with their
current, or prospective, legal representatives and legal assistants, and to meet with their consular
officials. An attorney or legal representative should be provided with a private room to conduct
a meeting with possible visual, but no audio observation. Attorneys, legal representatives, law
students and legal assistants should be able to provide the detainee with paper documents, and
the detainee should have the right to retain or have reasonable access to them.
At the MCCI, detainees meet with their legal representatives in rooms with glass walls,
located immediately outside the units where detainees are housed. Therefore, the room interior
is observable by the Facility staff, but conversations are private. There is one legal visitation
room per unit but Officer b6, b7C asserted that, if necessary, special arrangements are made so
that meetings can be conducted in other improvised rooms. However, detainees mention that
because only a very small number of detainees actually have legal representation, there has not

4

b6, b7C

Interview.

5

Interview with detainee

6

b6, b7C
b6, b7C Interview; b6, b7C Interview; interview with detainee
July 17, 2003. b6, b7C
also explained he had a public defender for his felony conviction but has not had a lawyer for any of his
INS problems. Similarly, b6, b7C and b6, b7C stated that they are not legally represented.

b6, b7C

July 17, 2003; Interview with detainee

4
NY\807941.3

b6, b7C

, July 17, 2003.

been any situation when these special arrangements were necessary during the length of their
stay. 7
Officer b6, b7C stated that detainees are allowed to keep paper documents in their cells;
however, when the volume of stacked documents becomes excessively large, the staff strongly
advises detainees’ attorneys to take most of these documents with them, for safety reasons. 8
2.

Visitation by Family and Friends
a.

Visitation Times and Duration

The Standards provide that Facilities should permit authorized persons to visit detainees
within secure and operational constraints and that ICE should encourage visits from family and
friends. Additionally, facilities should permit members of the media and non-governmental
organizations to have access to non-classified and non-confidential information about the
facility’s operation. The Standards provide that visiting hours should be clearly posted and
permitted during set hours on weekends and holidays. Special arrangements should be available
for family members who are unable to visit during regular visiting hours. Visits should be for at
least 30 minutes.
The visitation schedule was posted at the front door but it is not clearly outlined in the
Inmate Handbook. 9 Copies of the schedule are also available at the visitation room for
distribution to detainees and visitors. According to the schedule, the general population is
allowed non-contact visits four times a week and contact visit once a week. The staff purports to
be “flexible” with visiting times for family members, and, according to Officers b6, b7C and
, if normal visiting hours are a hardship for family members, arrangements can be made
b6, b7C
for visits at other times. 10 At least one detainee differed with the officers on this point, saying
that, outside of normal visiting hours, no special arrangements are ever made. 11 Staff states that
visits last for 30 minutes, but detainees differ and consistently assert the visits are only for about
15 minutes. 12
Visiting hours for non-contact visits are from 12 noon until 8 pm on Wednesdays and
Thursdays. On weekends the hours are from 8 am until 4 pm. 13 Visitors are required to register
in certain prescribed times. Thus, visitors for male detainees whose last names start with the
7

Interview;

b6, b7C

b6, b7C

Interview.

8

It should be noted that inmates’ storage bins can only accommodate a very small amount of materials.

9

There are two provisions in the handbook relating to visitation hours where it is asserted generally that
“regular visiting for the general population is held everyday except Monday and Tuesday” and that inmates
in administrative segregation, infirmary, and protective custody will be allowed non-contact visits on
Fridays, from 2:15 pm to 4:00 pm. Inmate Handbook (January 22, 2003) at 7-8.

10

Inmate Handbook (January 22, 2001) at 9.

11
12
13

b6, b7C

Interview.

b6, b7C

Interview;

b6, b7C

Interview.

Inmate Handbook (January 22, 2001) at 9.

5
NY\807941.3

letters A to L should register for a visit between 12:15 pm and 3:30 pm on Wednesdays and
Fridays, and between 8:15 am and 10:30 am on Saturdays and Sundays. Visitors for male
detainees whose names start with the letter M to Z, in turn, should register for a visit between
5:45 pm and 6:30 pm on Wednesdays and Thursdays, and between 12 noon and 1 pm on
Saturdays and Sundays. Finally, visitors for female detainees should register between 6:30 pm
and 7:00 pm on weekdays and between 2:00 pm and 2:30 pm on weekends. On Fridays,
detainees in administrative segregation, infirmary, and protective custody may receive noncontact visits from 2:15 pm until 4 pm. 14 Inmates are restricted to one non-contact visit per day
and visits are limited to five visitors.
The facility also allows for pre-scheduled contact visits on Fridays, from 8 am until 2 pm.
Detainees have to file an “Inmate Contact Visit Request Form” at least two weeks prior to the
expected visit. After approved by the POD Officer, detainees must notify their intended
visitors. 15 The Handbook states that contact visits are available for any inmate meeting certain
requirements, mainly concerning disciplinary measures. 16 It also states that inmates are allowed
only one contact visit in a thirty-day period and up to two (2) visitors can be permitted on each
contact visit. 17 Detainees contend that, as a rule, contact visits are allowed only after several
months of stay in the facility. 18
b.

Other Limits on Visitors

The Inmate Handbook provides that “the number of visitors, schedule, space and personal
constraints limits length of visit.” 19 It also provides that children under eighteen (18) years of
age have to be accompanied by a parent or a legal guardian. 20 Although the Standards provide
that they should be able to visit each other during regular visiting hours, Officer b6, b7C reports
that detainees cannot meet with other immediate family members detained at the same facility.
Family members can leave money orders for a detainee’s account. 21
The schedule specifies that proper photo identification and attire is required for visitors.
The handbook describes the types of identification that are acceptable 22 but does not say
anything about attire. Officer b6, b7C explained that it cannot be revealing.
The Standards also provide that a facility disciplinary system should not allow for
b6, b7C
deprivation of access to legal or family visitation. However, Officer
reports that
14

Id. at 8.

15

Id.

16

Id.

17

Id.

18

b6, b7C

Interview; b6, b7C Interview.

19

Inmate Handbook (January 22, 2001) at 9.

20

Id.

21

Id.

22

Id. at 8.

6
NY\807941.3

visitation rights may be revoked as punishment for infractions and the handbook states that
detainees in “disciplinary detention shall have no visits, unless approved by the watch
commander and for emergent reasons.” In the same way, detainees in administrative
segregation, infirmary, protective custody or on lockdown status will be denied contact visits. 23
c.

Security Concerns

The Standards and the Inmate Handbook provide that detainees may be subject to a patdown search before a contact visit and be strip-searched after a contact visit. Staff confirms that
a strip search is performed after each contact visit. Staff asserts that there are no strip searches
after non-contact visits and the detainees interviewed concur.
B.

Telephone Access

The Standards provide that facilities shall permit detainees to have reasonable and
equitable access to telephones. This includes, among other things, multilingual operators and
reasonable rates. The ICE Standards dictate that detainees should be able to make free calls
through pre-programmed technology to consular offices, free legal service providers, local
courts, government offices, and family members (in case of emergency).
There are several problems with the phone systems at the MCCI. First, the Monmouth
County jail does not have a system of pre-programmed calls in place. According to the ICE
officials, 24 a new system for free pre-programmed calls should have been installed in May, but
due to problems with the telephone company who will be providing the service, the installation
has been delayed. 25
Officers b6, b7C and b6, b7C explained that if a detainee needs to make a free phone
call, he should fill out a request form for the shift captain or for the social services department.
Also according to the Officers, if the reason for the request is legitimate, it is usually granted
within forty-eight (48) hours. However, the detainees we interviewed consistently indicated that
no free phone calls are available. Detainee b6, b7C provided us with a copy of the third written
request he has filed for free calls for his family and for legal services. His latest request was
dated July 10th, and he claims not to have received any answer from the facility staff by July 17th,
2003.
Second, collect calls are the only alternative detainees have to contact lawyers,
consulates, and family. However, because the rates for collect calls are excessively high, legal
services providers and consulates do not take the calls. According to Mr. b6, b7C and Mr. b6, b7C
the first minute for domestic calls is $5.14 and $0.89 for each additional minute. Local calls are
$2.45 for the first minute.

23

Id.

24

The ICE officers who accompanied this delegation are

25

b6, b7C

Interview;

b6, b7C

nterview.

7
NY\807941.3

b6, b7C

and

b6, b7C

Third, ICE Standards require that detainees should be able to discuss their legal cases on
the phone in a private environment and that detainees legal calls should not be monitored without
court order. There are eight telephones in each unit common area. These phones, however, do
not provide any privacy. They are in a visible, open environment, surrounded by other detainees
and/or guards. The Inmate Handbook provides that calls may be monitored, 26 but Monmouth
staff asserts that they are not. 27 Detainees comment that, since most of them hardly make any
calls at all, due to the financial obstacles mentioned above, privacy has not been an issue for
them.
Finally, the Standards provide that the detention facility should receive and deliver phone
messages for a detainee promptly. Officer b6, b7C said that the MCCI does not provide an
answering service for attorneys and does not deliver any messages from family members.
Officer b6, b7C on the other hand, asserted that, in a family emergency or for legal purposes,
accommodations can be made for delivering messages to the detainees. At least one detainee
disagreed with this assertion. 28
The insufficient access to phone calls was cited as one of the detainees’ principal
complaints. 29
Legal Materials

C.

The Standards mandate that IGSA’s establish and maintain a law library. 30 The library
must be adequately lighted, reasonably quiet, and large enough to support legal research and
writing. It must also contain an adequate number of tables and chairs to accommodate all
detainees who wish to use the facility. Finally, the library should provide one typewriter or
computer per five detainees, as well as sufficient writing materials and texts to enable detainees
to conduct research and prepare legal documents.
Plainly, the MCCI library does not meet the requirements set forth in the Standards.
While the library is large enough to accommodate up to 25 detainees, it is not sufficiently
equipped to support legal research and writing.
1.

Materials Identified in Attachment A-2 of the Standards

The Standards require the library maintain the legal materials listed in Attachment A-2 of
the Access to Legal Materials chapter of the Detention Operations Manual. These materials
must be updated regularly and supplemented with timely information regarding significant
regulatory and statutory changes affecting the detention and deportation of aliens. A current list
of available texts and materials should be posted in the library. To ensure these requirements are

26
27
28
29
30

Inmate Handbook (January 22, 2001) at 5.
b6, b7C
b6, b7C
b6, b7C

Interview.

Interview.
Interview;

b6, b7C

Interview; b6, b7C Interview.

Detention Operations Manual, Detainee Services Chapter 1: Access to Legal Material.

8
NY\807941.3

met, the facility must designate an employee with responsibility for inspecting, updating and
maintaining the library materials in good order. 31
The MCCI does not have the following material that is required pursuant to Attachment
A-2:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.

Administrative Decisions Under Immigration & Nationality Laws;
Immigration Law and Crimes;
Guide for Immigration Advocates;
Country Reports on Human Practices;
Human Rights Watch – World Report;
UNHCR Handbook on Procedures and Criteria for Determining Refugee Status;
Considerations for Asylum Officers Adjudicating Asylum Claim from Women;
Immigration and Naturalization Service Basic Law Manual;
Lawyer’s Committee Handbook on Representing Asylum Applicants;
Legal Research in a Nutshell;
Legal Research & Writing: Some Starting Points;
Black’s Law Dictionary;
Directory of Non-profit Agencies that Assist Persons in Immigration Matters;
and
14. Telephone Books (yellow pages).
In addition, the following research references found in the library have not been
consistently updated:
1.
2.
3.
4.
5.
6.
7.

Code of Federal Regulations, Title 8, Aliens and Nationality (1997);
Bender’s Immigration and Nationality Act Service (1999);
Bender’s INA Regulation Service;
Rights of Prisoners;
Federal Habeas Corpus, Practice & Procedure;
Hard copies of United States Code, Title 8, Aliens and Nationality (1998); and
Hard Copies of BIA decisions (most recent decision dated 2000).

Based on the quantity of materials missing from the library’s collection, it is clear that the
facility’s library officer has not promptly replaced missing texts, nor has she regularly updated
existing materials.
2.

Library Conditions

The MCCI library is composed of two connected rooms: one for books and a reference
desk, and another for the typewriters, the computers, and reading tables. In the first room, closer
to the hallway, there are bookshelves around three contiguous walls. There are also two large

31

Detention Operations Manual, Detainee Services Chapter 1: Access to Legal Materials.

9
NY\807941.3

tables (with no chairs) in the middle of the room where detainees can stand and read. In the
second room, there are seven typewriters, four computers, and a few tables. It appears to be
quiet, well lit, and appropriate for researching.
3.

Access to the Library, Equipment, and Holdings

The Standards mandate that an adequate number of typewriters and/or computers, carbon
paper, writing implements, writing tablets, and non-toxic liquid paper be available for use by the
detainees.
The Standards mandate that each facility devise a flexible schedule, in order to permit all
detainees’ use of the law library for a minimum of five hours per week. These five hours cannot
cause a detainee to miss a meal, recreation time, or any other planned activity. Detainees are to
be provided with free stationery. As stated previously, it is questionable whether the law library
at the MCCI provides its detainees with access to the equipment necessary to draft and produce
legal documents.
At the Monmouth County Jail, detainees may have direct access to the typewriters but
cannot use the computers without a library assistant’s help. 32 Moreover, according to the
detainees we interviewed, the library hours are severely limited. Mr. b6, b7C asserts that
detainees have access to the library for one to one and half hour, on Fridays. Mr. b6, b7C confirms
detainees have access to the library once a week, but he claims that they may have access to it for
only fifteen minutes. 33
4.

Photocopies and Mail

Detainees are provided with photocopies of cases upon request. They are entitled to a
total of twenty five (25) pages or three (3) cases per week, which, according to the request form,
will be delivered to them in “no earlier than 48 hours.” The request form also lists the available
research areas: post conviction remedies, habeas corpus, civil rights, and conditions of
confinement only. According to Mr. b6, b7C a library assistant collects the requests for copies on
Mondays and Wednesdays, but he also complained that this service is frequently interrupted. 34
The Library Officer confirmed that nobody substituted for her when she took a two-week
vacation. 35
Under the Standards, indigent detainees should be provided with two envelopes and three
regular stamps for legal mail. Specifically, the Standards provide that “[t]he facility will provide
indigent detainees with free envelopes and stamps for mail related to a legal matter, including
correspondence to a legal representative, potential legal representative, or any court.” However,

32
33
34
35

Library Officer Interview.
b6, b7C

Interview; b6, b7C Interview.

b6, b7C

Interview.

Library Officer Interview.

10
NY\807941.3

according to the detainees we interviewed, those supplies are not free and they have to pay for
pens, pencils, envelopes, stamps, and paper, even if they are indigent. 36
5.

Notaries, Certified Mail, and Miscellaneous Needs Associated with Legal
Matters

The Standards require that “[t]he facility shall provide assistance to any unrepresented
detainee who requests a notary public, certified mail or other such services to pursue a legal
matter” if the detainee is unable to meet the need through family members or community
organizations. 37 The Librarian has said that certified mail is available upon request if the
detainee pays for it.
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 ICE facility. All
facilities must cooperate fully with authorized persons seeking to make such presentations.
According to MCCI staff, no organization has ever requested authorization to make
presentations there.
IV. OTHER GENERAL OBSERVATIONS UNRELATED TO THE LEGAL
ACCESS STANDARDS
A.

Recreation

The Standards require generally that “all facilities shall provide ICE detainees with
access to recreational programs and activities, under conditions of security and supervision that
protect their safety and welfare.” 38 In addition, the Standards provide that “[e]very effort shall
be made to place a detainee in a facility that provides outdoor recreation. If a facility does not
have outdoor area, a large recreation room with exercise equipment and access to sunlight will be
provided.” 39 Where outdoor recreation is available, each detainee must have access to at least
one hour per day of recreation, five days a week, weather permitting. 40 Although the Inmate
Handbook states only that detainees “have the right to… a regular exercise period…”,41
according to Officers b6, b7C and b6, b7C detainees are able to have outside and inside
36

b6, b7C

gave the delegation a price list that includes the items listed.

37

Detention Operations Manual, Section 1(P) “Notaries, Certified Mail, and Miscellaneous Needs Associated
with Legal Matters.” The Delegation did not have sufficient time to obtain answers to these questions or
verify compliance with the Standards.

38

Detention Operations Manual at Section 27, I.

39

Id. at III.A.1.

40

Id. at III.B.1.

41

Inmate Handbook (January 22, 2001) at 17.

11
NY\807941.3

recreation for at least one hour, seven days a week, any time before lockdown, which is at 9:30
pm.
•

Detainees recreate with other detainees of the same classification. 42

•

Detainees may choose between an indoor recreation room with exercise
equipment, an outdoor basketball court and inside recreational activities such as
chess, dominoes, and baccarat.

•

Recreation is available to detainees held in segregation on the same terms,
although such detainees may not recreate with general population, and only once
a week with other detainees held segregation. 43

•

There are certain type of punishments that are not permitted at the MCCI.
“Punishment shall not include restrictions in the following: …
g. Exercise”. 44

The Standards provide that mental and medical health professionals, and interpreters,
with appropriate identification, should also be allowed entry. Mental and medical health
professionals, on the other hand, are not allowed to visit detainees. 45
B.

Access to Medical Care
1.

Generally

The Standards set forth a broad policy that “detainees … have access to medical services
that promote detainee health and general well-being.” 46 The Standards require that detainees be
provided with an initial medical screening and have access to primary care, and emergency
care. 47 Although emergency dental care is required, “[r]outine dental treatment may be provided
to detainees from whom dental treatment is inaccessible for prolonged periods because of

42

Detention Operation Manual at III.B.1.

43

Interview with Captain
2003.

44

Inmate Handbook (January 22, 2001) at 29-30.

45

b6, b7C
explained that when detainees are admitted to the facility, they go through a thorough medical
screening, when their personal mental and medical health professionals may be consulted in order to
provide information on their health. But once admitted, they have to rely on the Facility’s medical staff.
b6, b7C
Interview.

46

Id. at Section 24, I.

47

Id. at III.A.

b6, b7C

July 17, 2003. Interview with Lieutenant

12
NY\807941.3

b6, b7C

, July 17,

detention for over six months.” 48 The information we received regarding health services
indicated that the MCCI has met these Standards.
b6
The delegation met with
, the Health Services Administrator, to discuss the
medical policies at the MCCI. The medical facility has been NCCHC accredited for 11 years
and is currently in the process of its 4th reaccredidation. While it does not have JCAHO
accreditation (apparently for hospitals), it does work with Central State Medical Center in
Freehold, New Jersey, a JCAHO accredited hospital, for outpatient services.

An overriding theme of our visit was that while they receive a different designation and
are generally segregated from the inmate population, the detainees are provided with the same
services as the inmates. By and large, this means that the prison is more concerned with
complying with ACA, rather than ICE, standards. Ms. b6 was more or less ignorant of the
ICE medical access standards and did not know if the nurse who most often spoke with the ICE
contacts regarding detainees was familiar with ICE forms and procedures.
The staff of the medical center at the prison consists of two doctors, two “and a half”
nurse practitioners (per Ms. b6 ), thirty nurses, two dentists, one oral surgeon, one dental
assistant, two psychiatrists, four psychologists, one nurse midwife, one orthopedic surgeon, one
optometrist, and one physical therapist. The physical therapist, surgeons, and midwife are
available on call. The optometrist visits the facility once monthly. Other medical situations
requiring different specialists are handled through the hospital.
Detainees receive the same initial examination as inmates. This facility houses detainees
that usually come directly from another prison, so the intake health procedures are the same for
everyone. This initial examination is conducted by a nurse within 24-48 hours of arrival at the
facility. Examination with a physician will occur during that period if there is a history of
infectious disease or other serious malady. If the detainee has no paperwork confirming a
tuberculosis test within the last six months, he or she is given a PPD and evaluated for signs and
symptoms by an infectious disease trained nurse. If the detainee displays symptoms, she or he is
placed in one of the facility’s two reverse flow isolation rooms. If there is no serious medical
history, the detainee is seen by a physician within 14 days of arrival. Detainees also receive a
mental health evaluation upon intake.
Medications are stored in a secure area. Detainees are permitted (according to Officer
) to administer “self carrying” medications to themselves. 49 They must go to the
medical facility to receive narcotic or potentially dangerous medications.
b6, b7C

The health services are outlined on pages 12-14 of the inmate handbook.

48

Id. at III.E.2.

49

Inmate Handbook (January 22, 2001) at 14.

13
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2.

Detainee Concerns

Detainees expressed concern in interviews about the fact that they are charged 5 dollars
per visit to the medical facility and that they are also charged for medicine and other services.
Detainees also expressed concern about the fact that one may not cancel a scheduled visit to the
medical facility even if, for example, the underlying condition for which the appointment was
made has passed without paying the $5 fee. Physicians are required to “see a person whose
name has been placed on the [sick] list within a reasonable time.” 50
C.

Detainee Handbook

The Standards require that “[h]andbooks should be distributed to each detainee upon
their admission to any facility in which they will be detained for more than 72 hours. Handbooks
should be available in languages other than English.”
As previously noted, there is no detainee-specific handbook at the MCCI. There is,
however, an Inmate Handbook, revised as needed, supposedly provided to every inmate and
detainee upon intake. Almost none of the detainees had been given a copy of the book. Deputy
Warden b6, b7C told us that the handbook is currently undergoing revision. Detainees expressed
concern that they had not received the book. One detainee claims to have obtained a copy of the
book only after a written request. 51 The inmate handbook is available in English and Spanish.
There are no plans to create a separate detainee handbook. It was unclear from discussions with
Deputy Warden b6, b7C if the revised handbook would contain a section on immigrant detainees.
The handbook adequately lays down all of the prison policies regarding classification,
inmate rights and responsibilities, work, recreation, health, religion, housing, clothing, grievance,
and disciplinary policies. There is no section in the handbook relating to specific rights and
responsibilities of immigrant detainees. Specifically, there is no mention of ICE proceedings nor
is there mention of social services particular to immigrant detainees.
D.

Detainee Grievance Procedures

The Standards require that “[e]ach facility must develop standard operating procedures
that address detainee grievances including emergency grievances and must guarantee against any
reprisals.” The Standards require both formal and informal grievance procedures.
When detainees have a grievance at the MCCI, they may proceed informally to their “pod
officer” (OIC) to see if it can be worked out within the pod. This process is encouraged for small
matters. According to Officer b6, b7C detainees who wish to have their grievance dealt with
formally fill out a grievance form which is sent to Captain b6, b7C who decides what should be
done. If Captain b6, b7C is unable to solve the problem and it pertains to the detainee’s
immigration status, the grievance is faxed to ICE for review. It is unclear what the policies are
regarding special help for detainees who may have difficulty filing a grievance in English. Mr.

50

Id. at 13.

51

Interview with detainee

b6, b7C

July 17, 2003.

14
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b6, b7C of ICE told us that officers from ICE visit the facility once or more per week to discuss
grievances and other issues with detainees. Mr. b6, b7C said that each officer may be responsible
for up to 90 detainees.

The grievance rights, rules, and procedures are found on pages 32-34 of the Inmate
handbook. Inmates and detainees may file grievances regarding medical care; conditions of
confinement; general classification procedures; general discipline procedures; inmate program
participation; telephone, mail, and visiting procedures; food, clothing, and bedding issues; and
religious preference. 52 Inmates may appeal decisions made by their watch commander. Appeals
are handled by the deputy warden. 53
Several detainees told us, in addition to the substance of their grievances, that their
complaints go unanswered. Detainees did not seem well informed of the formal grievance
procedures.
E.

Disciplinary Policy & Segregation

The rules of conduct, sanctions and procedures upon violation are defined in the Inmate
Handbook. As noted, according to prison officials, it is given to all detainees on entry to the
facility, but detainees almost uniformly asserted they did not get it.54 Any rules that are unclear
are to be explained by an officer. 55 The Handbook also includes sections on inmate rights and
privileges, prohibited acts, and minor and major violations and sanctions. If a problem situation
arose that required a detainee to be placed in either administrative or disciplinary segregation, the
officials at MCCI would contact ICE. There are currently no ICE detainees in either type of
b6, b7C
segregation, nor does Captain
recall any ICE detainee ever requiring such
measures. 56 The segregation measures discussed herein therefore reflect Monmouth’s general
inmate policies, which would apply to ICE detainees as well and are stated in the Inmate
Handbook.
Disciplinary segregation results when there is a charge against an inmate due to an
infraction. The maximum length an individual may be placed in this segregation is 30 days (2
infractions resulting in 15 days each). A charge sheet is created when an inmate goes into the
special management unit (“SMU”). The inmate receives a copy of the order within 24 hours, and
it is reviewed by a captain the next day. 57 Administrative segregation results from a threat (for
example, to staff) based on an individual’s propensity or past history. 58

52

Id. at 33.

53

Id. at 34.

54
55
56

b6, b7C

Interview; b6, b7C Interview. There is no separate Detainee Handbook.

Inmate Handbook (January 22, 2001) at 19.
b6, b7C

57

Id.

58

Id.

Interview.

15
NY\807941.3

When a minor offense occurs, a verbal or written warning may be given, possibly
accompanied by the loss of 1 or 2 days of recreation privileges. When these more informal
resolutions are not suitable, a captain informs the ICE via fax of the charges and incident
report. 59
The disciplinary board which adjudicates major offenses is composed of a three-member
panel: one custody supervisor and two non-custody civilian staff members. These board
members are not to have filed the complaint, witnessed the accident, participated in the
investigation, have responsibility for subsequent review of the decision or have personal interest
in the outcome. 60 During a hearing, the board considers statements taken during the preliminary
investigation onsite, written reports and any other evidence, and pleadings by the inmate and
staff representative. Although a paralegal is available to an inmate facing a disciplinary hearing
if requested, this information is not stated in the inmate handbook. 61 The use of confidential
informant information is governed by written procedures, and inmates have the right to crossexamine witnesses against them at the hearing. 62 Findings are not based on the reasonable doubt
standard but require overwhelming evidence.
The inmate handbook specifies that major infractions will be investigated within fortyeight hours of the time the disciplinary report is served upon the inmate. 63 Postponements are to
be allowed for inmates for causes such as preparation of a defense, illness or unavailability of an
inmate, further investigation required of a factual matter relevant to the hearing or pending
criminal court prosecution. 64 These extensions are limited to 1-3 days. Postponements are not to
be granted to staff except for a holiday or emergency. 65
Disallowed sanctions are to include restrictions on the following: food, health and
sanitary facilities, clothing, access to medical needs, reading and correspondence (mail),
hygienic implements, and exercise. 66 An inmate in administrative segregation may have his
physical exercise restricted to a more secure area and singly, instead of with other inmates.
The disciplinary system at Monmouth has progressive levels of review and appeals,
which are documented. According to Captain b6, b7C it is possible for a reviewer to
recommend early release from the SMU, depending on the merits of the case. An inmate files an
appeal with any captain, who examines and makes a judgment on the case. Appeals to the
Deputy Warden and Warden are also possible through the grievance procedure. Inmates are to

59

Id.

60

Inmate Handbook (January 22, 2001) at 30-31.

61
62

b6, b7C
b6, b7C

Interview; Inmate Handbook (January 22, 2001).
Interview.

63

Inmate Handbook (January 22, 2001) at 19.

64

Id. at 31.

65
66

b6, b7C

Interview.

Inmate Handbook (January 22, 2001) at 29-30.

16
NY\807941.3

be given the appeal form at their hearing and have forty-eight hours to submit it. 67 Paralegals are
available to help them with this process. 68 The answer to these appeals are provided in writing.
Standard procedure also includes review of an inmate’s disciplinary detention at set
intervals, which are conducted by the classification committee. Administrative segregation is
reviewed every 30 days; officers did not know of cases where an inmate was in segregation for
longer than a few months. 69 This committee looks at all documented information and makes a
formal written review, which the inmate receives, explaining its decision and rationale. The
inmate is interviewed as needed, if information is not clear or certain. 70
F.

Administrative Segregation & Special Management Unit (“SMU”)

Inmates can be in protective custody without segregation. A request to place a detainee
in the administrative SMU must be made in writing, unless the cause is so immediate and
obvious as to obviate the need for a request. There are two main types of protective custody:
when an inmate faces a death threat and must be segregated (for example, for testifying against
another inmate), or when an inmate must be kept away from another inmate and is therefore
housed in a different unit. There are not any ICE detainees in protective custody, administrative
detention or segregation.
Protective custody it is an overt attempt to guarantee inmate safety; inmates in
administrative segregation have the same general privileges though they may have different
restrictions of time and availability. 71 Segregated inmates do not have less opportunity to
exchange or launder clothing than the general population. Detainees’ access to the law library is
the same as the general population’s, though at it’s own times and separately from other inmates.
They receive three meals per day, from the same menu as the general population, and are able to
maintain a normal level of personal hygiene. Visits from clergy are allowed. Visitation is
allowed on Friday mornings only, not normal visiting hours. There is no television in the room.
The delegation did not tour the SMU and did not observe its conditions first-hand.
According to an officer, the SMU is well-ventilated, adequately lighted and heated, and
maintained in sanitary condition. A health care professional visits at least three times weekly,
and shift supervisors visit daily, including weekends and holidays. Every cell is equipped with a
bed that is secured to the wall. The number of inmates per cell does not ever exceed the
occupancy limit. 72 The criteria for objectively assessing living standards are included in the
facility’s written procedures; as an accredited facility, it is up for review every three years.
Reviews are conducted for inmates in administrative segregation every thirty days, with a copy
67
68

Id. at 32.
b6, b7C

Interview.

69

Id.

70

Id.

71

Id. Inmates are provided barbering services, recreation, reading material, religious materials and the same
correspondence privileges given to the general population. Telephone access is limited to one hour.

72

b6, b7C

Interview.

17
NY\807941.3

of all decisions going to the inmate. Appeals of decisions can be made to the classifications
committee. 73
The SMU maintains a permanent log, where it registers detainees’ activities. This log
includes information on meals, hygiene, exercise and medical care. There are also daily records
maintained for each day a detainee is in administrative segregation, which are retained until the
detainee returns to the general population.74
G.

Voluntary Work Program

MCCI has a voluntary work program, run by Captain b6, b7C 75 About 20-30% of the
general population works through the program and about 10-15% of the detainees. The figure is
lower for detainees because they are often not at Monmouth long-term. 76 Both sentenced and
unsentenced inmates can participate; 77 low level-three detainees can also participate if they have
been sentenced. “Special needs” inmates (including detainees), those who are physically or
mentally challenged, can participate in the program as well. Individuals are paid according to
state standards and are discouraged from opting out of the work program. Detainees are paid a
stipend “as required,” which they can put into their commissary account. 78
To qualify for a job, an inmate/detainee must go through classification, which includes a
security check and an examination of the inmate’s file. 79 According to Captain b6, b7C the
facility rarely runs out of work or workers. Typically, an individual in the work program will
have a progression of jobs based on security levels, for example, from kitchen, to floor, to
outside detail. Work at an outside site requires clearance; at MCCI, only sentenced inmates may
do outside details, such as road crew.
Inmates often work only 3-4 hours a day, depending on their job. They would not usually
work over the standard 40-hour work week, according to Captain b6, b7C
Whether the work
schedule is fixed depends on the job; some responsibilities are more flexible than others.
The Inmate Handbook specifies that work privileges can be rescinded for “failure to
report for work or reporting for work in an unsanitary condition or failure to perform
satisfactorily.” 80 Before being removed from a work detail, an inmate would be charged and

73

Id.

74

Id.

75

Id.

76

Id.

77

Inmate Handbook (January 22, 2001) at 10.

78

b6, b7C

Interview.

79

Id. Inmates who are prone to fighting, for example, might only be tried out in particular jobs.

80

Inmate Handbook (January 22, 2001) at 11.

18
NY\807941.3

have a hearing with due process. Any decisions are recorded, and unless the infraction is serous,
removal is usually not permanent and lasts only 15-30 days. 81
Workers are trained before beginning a job. Food service workers are also given a
medical check before training. and the program follows OSHA, NFPA, ACA and EOSH
standards. 82 Updated versions of these standards are maintained onsite at the facility. If an INS
detainee was injured on the job, he would be given medical care and an incident report and
insurance work injury form would be filled out. 83

81

b6, b7C

82

Id.

83

Id.

Interview.

19
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