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MEMORANDUM

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Washington, D.C.

September 4, 2007
To:
From:
Copies to:
Subject:

I.

Gary E. Mead, Director, Office of Detention and Removal, Immigration and
Customs Enforcement
American Bar Association Delegation to Piedmont Detainee Center, Piedmont
Regional Jail1
b6
ABA Commission on Immigration
Report on Observational Tour of Piedmont Regional Jail

INTRODUCTION

This memorandum summarizes and evaluates information gathered at the Piedmont
Detainee Center (“Piedmont”) at Piedmont Regional Jail in Farmville, Virginia. The information
was gathered via observation of the facility by the delegation and interviews with detainees and
facility staff on August 1, 2007.
A.

The Delegation’s Visit

On Wednesday, August 1, 2007, the delegation arrived at Piedmont and met with the
b6, b7c
b6
facility’s staff. We met with Superintendent
, Major
, Major
b6, b7c
b6, b7c
, and Sergeant
. We were then taken on a tour of the premises by Major
rgeant b6, b7c . The delegation asked questions during the tour and we had a closing
b6, b7c
b6, b7c
ssion with Sergeant b6, b7c The delegation also met with five detainees:
, b6, b7c
b6, b7c
b6, b7c
,
, and two detainees who chose not to be identified.
The delegation appreciates the cooperation of the Piedmont staff. They were helpful and
accommodating throughout our visit.
B.

1

General Information About Piedmont Detainee Center

The delegation was comprised of attorneys and summer associates from the Washington, D.C. office of Latham &
b6
Watkins LLP, including
and
.
b6
2
The de
se not to be identified are referenced herein as detainee #1 and detainee #3.

Piedmont is located in Farmville, Virginia, about 170 miles south of Washington, D.C.
Piedmont houses inmates of both genders, and male immigration detainees, but they no longer
house detained women because they do not have the space or resources to commit a full housing
pod for detained women.3 A majority of its detainees come from El Salvador and other Spanishspeaking countries.4
Male detainees are housed in three “pods,” or 90-person wards.5 One section of the jail is
used exclusively for detainees and holds two pods.6 The remaining detainee pod is in the same
section as (although physically separated from) an inmate pod.7 The total inmate/detainee
population at Piedmont was 729, of which 280 were detainees on the day of our visit.8
II.

ICE DETENTION STANDARDS

In November 2000, the Immigration and Naturalization Service (“INS”),9 disseminated
the INS Detention Standards (the “Standards”) to ensure the “safe, secure and humane
treatment” of immigration detainees. The Standards are memorialized in the Detention
Operations Manual, which includes thirty nine standards covering a broad range of issues
ranging from visitation policies to grievance procedures and food service. The Standards apply
to all ICE-operated detention centers and other facilities that house immigration detainees
pursuant to contracts or intergovernmental service agreements (“IGSA”).
The Standards became effective at ICE-operated detention facilities on January 1, 2001.
ICE intended to implement the Standards at all of its contract and IGSA facilities by December
31, 2002. The Standards are considered a “floor” rather than a “ceiling” for the treatment of
immigration detainees; they are meant to set forth the minimum requirements to which ICE must
adhere in its facilities. Each ICE Field Office or Officer-in-Charge has the discretion to
promulgate polices and practices affording ICE detainees rights and protections beyond those
outlined in the Standards.
III.

LEGAL ACCESS STANDARDS

A.

Visitation
1.

3
4
5

Visitation By Attorneys

Notes of delegation member
Notes of delegation member
Notes of delegation member

on conversation with Superintendent
on conversation with Superintendent
b6

on conversation with Superintendent

.
.
b6

.

6

Notes of delegation member
on conversation with Superintendent
.
The terms “pod” and “ward” were used interchangeably by Piedmont staff to refer to the wings in which
detainees were housed. Piedmont staff led the delegation on a tour of the jail where inmates were housed,
as well as the wings in which detainees were housed.
8
Notes of delegation member
on conversation with Superintendent b6 .
b6
7

9

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

2

The Standards require that facilities permit legal visitation seven days per week.10
Attorneys should have access to their clients eight hours per day during the week and four hours
per day during the weekend.11 The visits must be private, and should not be interrupted for head
counts.12 Facilities should establish a procedure by which attorneys may call to determine
whether a detainee is housed in a particular facility.13 Detention centers should permit visits
from attorneys, other legal representatives, legal assistants, and interpreters.14
Piedmont generally meets this section of the Standards; however, the information
provided in the detainee handbook does not include information regarding legal visits
provided by the detainees interviewed as well as Officers b6, b7c , b6, b7c , and b6, b7a The
Inmate Handbook describes visits generally as being allowed
er day (between the
hours of 9:00 a.m. until 11:00 a.m. and 1:00 p.m. until 3:00 p.m.), and being limited to twenty
b6, b7c , and b6, b7c indicated that attorneys were generally
minutes.15 However, Officers b6, b7c
not limited in the amount of ti
p
ith their clients.16 In addition, certain detainees
who were interviewed stated that they were easily able to meet with their attorneys, and indicated
that visits were not constrained by time.17 One detainee did indicate that his p
llowed
18
b6,
b7c
b6,
b7c
visiting hours only during two days per week. Officers
indicated
b6, b7c and
that law students and interpreters may meet with detainees as long a
dmon
dvance
knowledge of their visit.19
Visitation booths are available in some pods.20 Attorney visits can be contact or noncontact,21 and detainees said that they were not strip-searched after a visit.22 Attorneys are not
searched; detainees are subject to a pat down search after a legal visit.23
Attorneys may call Piedmont to determine whether their client is being housed at the
facility.24 If an attorney calls, Piedmont’s staff will either find the detainee to connect him or
the staff will take a message and promptly deliver it to the detainee.25
10

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.2.
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.2.
12
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.9.
13
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.6.
14
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.3.
15
Inmate Handbook, p. 6.
16
Notes of delegation member
on conversation with Officers
b6, b7c
b6
17
Notes of delegation member
on interviews with detainees S
18
Notes of delegation member
on interview with detainee #3.
b6
19
Notes of delegation member
versation
with Officers
b6, b7c
b6
20
Observations of delegation m
b6
21
Notes of delegation member
ersation with Officers
b6, b7c
b6
22
b6, b7c
Notes of delegation member
on conversation with Detaine
b6, b7c notes of delegation member
b6
, on interview with
11

23

Notes
b6, b7c

24

b6
gation member
notes of delegation member

b6
Notes of delegation member
b6, b7c notes of delegation member

on conversation with Detainees
on interview
b6

b6, b7c

b6, b7c
on conversation with Detainees
b6
on conversation with Officers

b6, b7c

3

and b6, b7c
d Al
ed Farag.
and

b6, b7c

and
an

b6, b7c
b6, b7c

and detainee

b6, b7c

and

b6, b7c

ee

b6, b7c

and
b6, b7c

b6, b7c

d

2.

Visitation By Family And Friends

To maintain detainee morale and family relationships, the Standards encourage visits
from family and friends.26 The Standards require that facilities establish written visitation hours
and procedures, post them where detainees can see them, and make them available to the
public.27 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.28 Visits should be at least thirty minutes long, and longer when possible.29
Piedmont substantially meets this section of the Standards; however, the Handbook
states that visits are limited to twenty minutes, though apparently requests for longer visits
are accommodated. The visitation schedule is clearly posted in the pods at the facility as well
as published in the Inmate Handbook.30 According to the Handbook, visiting hours are seven
days per week, from 9:00 a.m. until 11:00 a.m. and 1:00 p.m. until 3:00 p.m., and visits are
limited to twenty minutes.31 However, one detainee indicated that his pod only is allowed
visitation days two times per week.32 Piedmont generally confines visits to these hours, but
supervisors may adjust the schedule if a detainee’s visitors face a particular hardship.33 Certain
detainees indicated that these types of informal requests were usually accommodated, such that
visitors could sometimes spend up to an hour with a detainee.34
B.

Telephone Access
1.

General Requirements

The Standards suggest that facilities provide detainees with reasonable and equitable
access to telephones during established facility waking hours.35 In order to meet this
requirement, facilities must provide at least one telephone for every 25 detainees.36 The
Standards also suggest that telephone access rules be provided in writing to each detainee upon
admittance, and that the rules be posted where detainees may easily see them.37

25

b6
Notes of delegation member
b6, b7c Notes of delegation member

on conversation with Detainees
b6
, on conversation w

b6, b7c

and

b6, b7c

d

b6, b7c

b6, b7c

26

Detent
erations Manual, Detainee Services, Standard 17, Section I.
Detention Operations Manual, Detainee Services, Standard 17, Section III.A & B.
28
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.1.
29
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.1.
30
b6
Observations of delegation member
Inmate Handbook, p. 6.
31
Piedmont Regional Jail Inmate Handbook (hereinafter “Inmate Handbook”), p. 6.
32
b6
Notes of delegation member
, on interview with detainee #3.
33
b6
Notes of delegation member
on conversation with Detainees
b6, b7c
b6
on conversation w
b6, b7c notes of delegation member
27

and

b6, b7c

b6, b7c

b6, b7c

34

Notes

gation member

b6

on conversation with Detainees

b6, b7c

35
36
37

Deten
perations Manual, Detainee Services, Standard 16, Sections I & III.A.
Detention Operations Manual, Detainee Services, Standard 16, Section III.C.
Detention Operations Manual, Detainee Services, Standard 16, Section III.B.

4

b6, b7c

and

b6, b7c

Piedmont has met this Standard. Each pod contains its own set of phones, which
consist of two “blue phones” used to make free calls, and three pay phones that can be used to
make collect and toll calls with a pre-purchased calling card.38 The telephones are accessible
during all waking hours.39 Phone access is determined by a sign-up list kept near the phones and
calls are limited to twenty minutes if there are other detainees waiting on the list.40 Calls to and
from attorneys take precedence, and detainees may be pushed down on the list if such calls are
pending.41 The pay phones were all in operational order.42 At the time of our visit, all but one of
the pay phones were being used by detainees. A spot check in each pod indicated that the blue
phones were also in operational order but they did not have the same volume of use at the time of
the delegation’s visit as the pay phones.43
2.

Direct Calls and Free Calls

The Standards allow facilities to generally restrict calls to collect calls.44 The facility
should, however, 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.45 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.46 In addition, the facility “shall enable all detainees to make calls to
the ICE-provided list of free legal service providers and consulates at no charge to the detainee
or the receiving party.”47
Piedmont has met this section of the Standards. Each pod contained the appropriate
list of contact information to make free and collect calls to the courts, consulates, and legal
service providers in the area.48 The blue phones were in operational order, and the delegation
was able to successfully make a free test call on one of the blue phones in each pod.49 Detainees
indicated that they could ask either the Piedmont staff or other detainees for assistance if they
weren’t sure how to use the phone.50
3.

Telephone Access To Legal Representatives

The Standards provide that facilities shall not restrict the number of calls a detainee
places to his legal representatives, nor limit the duration of such calls by automatic cutoff, unless
38

Notes of delegation member

, on conversation with Sergeant

and detainee

b6, b7c

and detainee

b6, b7c

b6, b7c

39
40
41

Notes
egation member
Notes of delegation member
Notes of delegation member

b6

, on conversation with Sergeant
, on conversation with Sergeant
, on conversation with Sergeant

b6, b7c

b6, b7c

42

Obser
of delegation member
b6
Observation of delegation member
44
Detention Operations Manual, Det
Standard 16, Section III.E.
45
Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
46
Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
47
Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
48
Observation of delegation member
b6
49
Observation of delegation member
50
b6
Notes of delegation member
versation with detainee
43

5

b6, b7c

.

necessary for security purposes or to maintain orderly and fair access to telephones.51 If time
limits are necessary, they shall be no shorter than twenty minutes.52 The Standards require that
facilities ensure privacy for a detainee’s telephone calls regarding legal matters by providing a
reasonable number of telephones for detainees to make calls without being overheard by facility
staff or detainees, and that calls shall not be monitored absent a court order.53
Piedmont has partially met this section of the Standards; however, detainees are
unable to make outgoing private calls to their attorneys. Calls to and from attorneys take
precedence in the phone call hierarchy and the detainees confirmed these calls are given top
priority.54 Since the phones are in the open area of the pod, there is no means to provide privacy
for these outgoing calls.55 Piedmont does provide provisions for private telephone conversation
between detainees and their attorneys if requested by the attorney and the Piedmont staff has
ample time to set it up in advance.56 No phone conversations of any sort are monitored by the
Piedmont staff.57
4.

Incoming Calls And Messages

The Standards require that facilities take and deliver messages from attorneys and
emergency incoming telephone calls to detainees as promptly as possible.58 If the facility
receives an emergency telephone call for a detainee, the Standards suggest that the facility obtain
the caller’s name and number and permit the detainee to return the call as soon as possible.59
Piedmont has fully met this section of the Standards. Detainees are immediately
notified if their attorney is calling them.60 If the detainees cannot be reached, the Piedmont staff
will relay the message to the detainee.61
C.

Access to Legal Materials

All facilities with detainees “shall permit detainees access to a law library, and provide
legal materials, facilities, equipment and document copying privileges, and the opportunity to
prepare legal documents.”62
1.

Law Library Conditions

51

Detention Operations Manual, Detainee Services, Standard 16, Section F.
Detention Operations Manual, Detainee Services, Standard 16, Section F.
53
Detention Operations Manual, Detainee Services, Standard 16, Section F.
54
b6
Notes of delegation member
on conversation with Sergeant b6, b7c and detainee
55
Observation of delegation member
b6
56
Notes of delegation member
nversation with Superintendent
b6
b6
57
Notes of delegation member
on conversation with Superintendent
58
Detention Operations Manua
ices, Standard 16, Section III.I.
59
Detention Operations Manual, Detainee Services, Standard 16, Section III.I.
52

60

Notes of delegation member
on conversation with Major b6, b7c and detainees
b6
b6, b7c
and
.
61
b6
Notes of delegation member
on conversation with Major b6, b7c and detainees
and
b6, b7c
62
Detention
nual, Detainee Services, Standard 1, Section I.

6

b6, b7c

b6, b7c

b6, b7c

.

The Standards require that a facility provide a law library with sufficient space to
facilitate detainees’ legal research and writing.63 Furthermore, it must be large enough “to
provide reasonable access to all detainees who request its use. It shall contain a sufficient
number of tables and chairs in a well-lit room, reasonably isolated from noisy areas.”64
Piedmont has substantially met this section of the Standards; however, the libraries
are noisy. Piedmont Regional Jail provides three law libraries.65 Each library is moderately lit
and small.66 The libraries are isolated from foot traffic, but do not provide detainees wishing to
conduct legal research with a low-noise environment.67 Each library provides access to two
computers, and contains two chairs and two small desks, including those that house the computer
stations.68 The libraries are located in rooms directly off of the detainee residence “pods”; the
rooms are not fully partitioned, allowing noise to carry from the residence area into the libraries,
so they are noisy.69
2.

Equipment

The Standards require that facility law libraries provide an adequate number of
typewriters and/or computers, writing implements, paper, and office supplies to enable detainees
to prepare documents for legal proceedings.70 Staff must inspect at least weekly to ensure
equipment is in working order and to stock sufficient supplies.71 In addition, indigent detainees
must be provided free envelopes and stamps for legal mail.72
Piedmont has met this section of the Standards: supplies are provided. Piedmont
Regional Jail has two computers, a printer, writing utensils and paper available in each of its law
libraries.73 Piedmont provides postage for domestic mail.74
3.

Library Holdings

The Standards require that all facility law libraries contain the materials listed in
Attachment A to the chapter on Access to Legal Materials.75 These materials must be updated
regularly, and information must be added on significant regulatory and statutory changes

63

Detention Operations Manual, Detainee Services, Standard 1, Section III.A.
Detention Operations Manual, Detainee Services, Standard 1, Section III.A.
65
Observation of delegation member
66
Observation of delegation member
67
Observation of delegation member
b6
68
Observation of delegation member
69
Observation of delegation member
70
Detention Operations Manual, Deta
ndard 1, Section III.B.
71
Detention Operations Manual, Detainee Services, Standard 1, Section III.B.
72
Detention Operations Manual, Detainee Services, Standard 1, Section III.N.
73
b6
Observations of delegation member
.
64

74
75

Notes of delegation member
Detention Operations Manu

b6

, on interview with detainee #3.
es, Standard 1, Section III.C.

7

regarding detention and deportation of aliens in a timely manner.76 Damaged or stolen materials
must be promptly replaced.77
Piedmont has not fully met this section of the Standards; some of the required
materials are unavailable. Piedmont provides its immigration detainees with access to legal
materials on computer, but some of the required legal materials are unavailable.78 While the
LexisNexis CD, updated quarterly,79 provides access to numerous legal materials, many of the
secondary resources listed in Attachment A to the chapter on Access to Legal Materials are not
available on LexisNexis.80 While the libraries did contain several hard copies of the publications
listed in Attachment A, there were additionally many materials that consisted of unbound stacks
of paper, making it difficult to fully ascertain the extent of Piedmont’s legal research collection.81
4.

Hours of Access

The Standards state that each facility shall have a flexible schedule for law library use
that permits all detainees, regardless of housing or classification, to use the law library on a
regular basis.82 Each detainee shall be permitted to use the law library for a minimum of five
hours per week.83
Piedmont has met this section of the Standards. PRJ permits all detainees to use the
law library, and there’s no set time limit for access.84 The law library is open to detainees
throughout the day, and may be used outside of normal operation hours for case-related work.85
5.

Notice to Detainees

The Standards require that the detainee handbook provide detainees with the rules and
procedures governing access to legal materials.86
Piedmont has met this section of the Standards: the Inmate Handbook adequately
provides detainees with notice of policies and proceeds regarding access to legal
materials.87 The Inmate Handbook specifies that “[l]egal reference materials are available in the

76

Detention Operations Manual, Detainee Services, Standard 1, Section III.E.
Detention Operations Manual, Detainee Services, Standard 1, Section III.F.
78
b6
Observation of delegation member
.
77

79

b6
Notes of delegation member
, on conversation with Major b6, b7c
Observation of delegation m
.
b6
81
Observation of delegation member
.
82
Detention Operations Manual, Detainee Services, Standard 1, Section III.G.
83
Detention Operations Manual, Detainee Services, Standard 1, Section III.G.

80

84

Notes of delegation member
Notes of delegation member
86
Detention Operations Manua
87
Inmate Handbook, p. 4.
85

b6

, on conversation with Superintendent
, on conversation with Superintendent
es, Standard 1, Section III.Q.

8

b6

library.”88 The Handbook also specifies the procedures for requesting additional time in the
library.89
6.

Photocopies

The Standards provide that each facility shall ensure that detainees can obtain
photocopies of legal materials, when such copies are reasonable and necessary for legal
proceedings involving the detainee.90 Enough copies must be provided so that a detainee can
fulfill court procedural rules and retain a copy for his records.91
Piedmont has met this section of the Standards. Detainees at Piedmont Regional Jail
may request legal material copies from Jail staff free of charge; the photocopying is promptly
completed and delivered to detainees.92
7.

Assistance from Other Detainees

The Standards require that each facility permit detainees to assist other detainees in
researching and preparing legal documents upon request, except when such assistance poses a
security risk.93
Piedmont has met this section of the Standards. According to the Inmate Handbook,
detainees “may receive assistance from other inmates who agree to assist, at no charge.”94
8.

Personal Legal Materials

The Standards require that the facility permit detainees to retain all personal legal
material upon admittance to the general population or in segregation, unless such material creates
a safety, security or sanitation hazard.95
Piedmont has met this section of the Standards. The Inmate Handbook provides that
an inmate “may retain a reasonable amount of legal materials in their cell.”96
D.

Group Rights Presentations

The Standards provide that facilities holding ICE detainees “shall permit authorized
persons to make presentations to groups of detainees for the purpose of informing them of U.S.
immigration law and procedures, consistent with the security and orderly operation of each

88

Inmate Handbook, p. 4.
Inmate Handbook, p. 4.
90
Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
91
Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
92
b6
Notes of delegation member
, on interview with detainee #3.
93
Detention Operations Manual, Detainee Services, Standard 1, Section III.K.
94
Inmate Handbook, p. 4.
95
Detention Operations Manual, Detainee Services, Standard 1, Section III.K.
96
Inmate Handbook, p. 4.
89

9

facility.”97 While the presentations are open to all detainees, the facility “may limit the number
of detainees at a single session.”98 “The facility shall select and provide an environment
conducive to the presentation, consistent with security.”99 In addition, detainees shall have
regular opportunities to view an “INS-approved videotaped presentation on legal rights.”100
Piedmont has met this section of the Standards. According to Piedmont personnel,
group rights presentations are allowed at Piedmont and the Capital Area Immigrants’ Rights
(CAIR) Coalition visits the facility once a month to conduct such presentations.101 Piedmont
staff report that the presentations are held in the detainee housing unit; sign-up sheets are not
utilized because any detainee may participate in the presentation.102 If a large number of
detainees wish to participate, they may be divided up for separate presentations.103 The detainees
confirmed the CAIR Coalition visits and their ability to participate, and noted that the CAIR
Coalition has representatives who speak English, French, and Spanish.104
The Piedmont staff reported that the “Know Your Rights” video created by the Florence
Project is shown to detainees once per week.105 The video is shown in the housing units and any
detainee may watch it.106 Detainees interviewed confirmed that the video is shown once per
week.107
IV.

OTHER PROVISIONS OF THE ICE DETENTION STANDARDS

A.

Correspondence and Other Mail

The Standards require that detainees be allowed to send and receive correspondence in a
timely manner, subject to limitations required for safety, security, and orderly operation of the
facility.108 General correspondence shall normally be opened and inspected for contraband in the
presence of the detainee, but may be opened and even read outside the presence of the detainee if
security reasons exist for doing so.109 Special correspondence—which includes all written
communication to or from attorneys, legal representatives, judges, courts, government officials,

97

Detention Operations Manual, Detainee Services, Standard 9, Section I.
Detention Operations Manual, Detainee Services, Standard 9, Section III.C.
99
Detention Operations Manual, Detainee Services, Standard 9, Section III.E.
100
Detention Operations Manual, Detainee Services, Standard 9, Section III.I.
101
Notes of delegation m
on conversation with Superintendent
b6
b6, b7c
Major b6, b7c
b6, b7c
102
b6
Notes
tion m
, on conversation with Superintendent
b6,b7c
b6,b7c
Major b6,b7c
103
Notes
tion m
on conversation with Superintendent
b6
b6,b7c
b6,b7c
, Major b6,b7c
104
Notes of delegation member
, on interview with detainee #1.
b6
105
Notes of delegation member
, on conversation with Superintendent
b6,b7c
Major b6,b7c and Sergeant b6,b7c
106
b6
Notes of delegation me
on conversation with Superintendent
b6,b7c
Major b6,b7c and Sergeant b6,b7c
107
b6,b7c
Notes of delegation m
on interview with detainee
b6
108
Detention Operations Manua
tandard 3, Section I.
109
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & E.
98

10

b6

Major

b6

, Major

b6

, Major

b6

Major

b6

, Major
and detainee #3.

and the news media—is treated differently.110 Incoming special correspondence can be
inspected for contraband only in the presence of the detainee, but it can never be read or
copied.111 Outgoing special correspondence may not be opened, inspected, or read.112
The detainee handbook must specify how to address correspondence, the definition of
special correspondence and how it should be labeled, and the procedure for purchasing postage
and rules for providing indigent detainees free postage.113 The Standards also require that
facilities provide indigent detainees with free envelopes and stamps for mail related to a legal
matter, including correspondence to a legal representative, potential representative, or any
court.114 Finally, the Standards require that facilities notify detainees of specific information
regarding correspondence policies.115
Piedmont has not fully met this section of the Standards; the Inmate Handbook does
not include the required information. Piedmont Regional Jail provides all detainees with the
Inmate Handbook. However, these notifications do not provide the following information as
required: 1) “the definition of special correspondence, including instructions on the proper
labeling for special correspondence . . . . [and a] statement that it is the detainee’s responsibility
to inform senders of special mail of the labeling requirement.”; 2) the fact that detainees may not
send or receive packages without advance approved arrangements; and 3) the fact that identity
documents, such as passports and birth certificates, are contraband and may be rejected by the
facility.116 Piedmont Regional Jail provides domestic postage free of charge for outgoing mail,
but detainees must purchase postage for international mail.117 Detainee interviewees indicated
that Piedmont Regional Jail staff adheres to the Standards regarding opening and screening of
correspondence.118
B.

Detainee Handbook

The Standards suggest that facilities “develop a site-specific detainee handbook to serve
as an overview of, and guide to, the detention policies, rules, and procedures in effect at the
facility.”119 Facilities should give each detainee a copy of this handbook upon admission.120
Piedmont has substantially met this section of the Standards. However, as indicated
above, the Inmate Handbook does not provide required information on correspondence;
and as indicated below, it lacks required information regarding classification and

110

Detention Operations Manual, Detainee Services, Standard 3, Sections III.B, E, & F.
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & E.
112
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & F.
113
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B.
114
Detention Operations Manual, Detainee Services, Standard 3, Section III.I, and Standard 1, Section III.N.
115
Detention Operations Manual, Detainee Services, Standard 3, Section III.B.
111

116
117

Inmate Handbook, pp. 3-4.
Notes of delegation member

b6

on interview with detainee #3.

118

b6
Notes of delegation member
on interview with detainee #1.
Detention Operations Manua
andard 6, Section I.
120
Detention Operations Manual, Detainee Services, Standard 6, Section I.

119

11

disciplinary policy. Conversations with Piedmont staff and detainees confirm that all detainees
are given a copy of the Inmate Handbook upon arrival to Piedmont.121
C.

Recreation

The Standards suggest that all detainees have access to recreational programs and
activities under safe and secure conditions.122 Detainees should be housed in facilities with
outdoor recreation and be permitted such outdoor recreation for one hour per day, five days per
week.123 If a facility only provides indoor recreation, detainees must have access for at least one
hour per day, including exposure to natural light.124 Detainees should have access to “fixed and
movable equipment,” including opportunities for cardiovascular exercise, and games and
television in dayrooms.125
Piedmont has not fully met this section of the Standards; one pod only has access to
outdoor recreation once or twice per week, and no access to indoor recreation. Piedmont
allows outdoor recreation for all detainees.126 Each section has an outdoor recreation area that
has a basketball net, basketballs, and soccer balls.127 In the section housing two detainee pods,
those detainees are given forty-five minutes to one hour of outdoor activity every day.128
However, in the section of Piedmont that contains a detainee pod and an inmate pod, the
detainees are only given one hour of outdoor recreation one or two times per week, and no
indoor recreation.129 There is no access to an exercise room with any cardio-training or weight
resistance training equipment.130 Piedmont allows entertainment in the dayroom via a cable
television located in each pod.131 The program schedule is determined by the “Trusty” detainees
in each pod, and the Piedmont staff works with them to ensure that different ethnic groups get
access to desired programming.132
D.

Access to Medical Care

The Standards state that “[a]ll detainees shall have access to medical services that
promote detainee health and general well-being.”133 Every detention facility must provide
121

Notes of delegation on conversations with detainee #1 and Major b6, b7c
Detention Operations Manual, Detainee Services, Standard 13, Se
I.
123
Detention Operations Manual, Detainee Services, Standard 6, Section III.A, which also provides that “all new or
renegotiated contracts and IGSAs will stipulate that INS detainees have access to an outdoor recreation
area.”
124
Detention Operations Manual, Detainee Services, Standard 6, Section III.B.
125
Detention Operations Manual, Detainee Services, Standard 6, Section III.G.
122

126

Notes of delegation member
Observation of delegation m
128
Notes of delegation member
129
Notes of delegation member

, on interview with detainee

b6

127

b6, b7c

.

b6

b6

erview with detainees
, on interview with detainee

b6, b7c

and

b6, b7c

b6, b7c

130

Notes of delegation member
, on interview with detainee
131
Observation of delegation m
Notes of delegation member
on
b6
b6
conversation with Sergeant b6, b7c
132
b6
Notes of delegation member
on conversation with Sergeant b6, b7c and interview with detainee
b6, b7c
.
133
Deten
ns Manual, Health Services, Standard 2, Section I.

12

detainees with “initial medical screening, cost-effective primary medical care, and emergency
care” and must “arrange for specialized health care, mental health care, and hospitalization
within the local community.”134 The initial screening must include a TB test.135 Facilities must
employ a medical staff large enough to at least perform basic exams and treatments for all
detainees.136 Each facility must also have a “sick call” mechanism that allows detainees to
request health care services.137 In a facility with over 200 detainees, sick calls must be regularly
scheduled at least 5 days per week.138 Medical records must be kept separate from detainee
records and stored in a securely locked area within the medical unit.139
Piedmont has partially met this section of the Standards; however, several of the
detainees interviewed at Piedmont reported that there were long waits for medical care and
that medical requests were not fully responded to.140 One detainee reported that he had made
four requests for medical care beginning two months ago and still has not seen a doctor.141 He
said he has seen the nurses and has been given prescriptions, but that the medications do not
help.142 Another detainee reported that the wait to see a doctor was usually three to four days, but
sometimes a week or longer, especially for non-emergencies.143
Detainees undergo a medical and mental health screening, including tests for TB and
HIV, within 72 hours of arrival.144 The detention staff receives annual CPR and emergency
response training.145 There is a doctor on site twice a week and on call at all times.146 Nurses
head shifts and administer drugs, but the doctor is the medical director who makes treatment
decisions.147 There is a hospital within two miles of the facility to which detainees may be
sent.148 Detainees may also receive treatment from the Medical College of Virginia, the
University of Virginia hospital, or a local mental health service provider if necessary.149

134

Detention Operations Manual, Health Services, Standard 2, Section I.
Detention Operations Manual, Health Services, Standard 2, Section I.
136
Detention Operations Manual, Health Services, Standard 2, Section I.
137
Detention Operations Manual, Health Services, Standard 2, Section I.
138
Detention Operations Manual, Health Services, Standard 2, Section I.
139
Detention Operations Manual, Health Services, Standard 2, Section I.
140
b6
Notes of delegation member
, on interviews with detainee #1 and
b6
delegation member
rview with detainee
.
b6, b7c
141
Notes of delegation member
, on interview with d
142
Notes of delegation member
, on interview with detainee #1.
b6
143
Notes of delegation member
, on interview with detainee
b6, b7c
144
Notes of delegation member
, on conversation with Super
b6,b7c and Sergeant b6,b7c notes of delegation member
b6,b7c
on i
b6,b7c
deta
, and detainee #3.
145
Notes of delegation member
on conversation with Superintendent
b6,b7c
b6,b7c and Sergeant b6,b7c
146
Notes
egation member
on conversation with Superintendent
b6,b7c
b6,b7c and Sergeant b6,b7c
147
b6,b7c
Notes
egation member
on conversation with Superintendent
b6,b7c and Sergeant b6,b7c
148
b6,b7c
Notes of delegation mem
on conversation with Superintendent
b6,b7c and Sergeant b6,b7c
149
Notes
legation member
on conversation with Superintendent
b6,b7c
b6,b7c and Sergeant b6,b7c
135

13

b6, b7c

b6

b6,b7c

notes of

Major
s with

b6, b7c

Major

Major

Major

Major

Major

Major

b6,b7c

Major

Major

Major

Major

Major

Attorneys can also arrange independent medical service visits for their detainee clients.150 One
detainee reported that when his glasses were stolen, he was able to quickly get a new pair from
an outside doctor with the help of his attorney.151
Sick calls occur five days a week.152 The detainees interviewed knew where to find forms
to request medical service and were familiar with how the sick call procedure works.153
Detainees sign consent forms before receiving medical treatment and, in the rare instance
of refusal of treatment, a refusal form is signed by two witnesses.154 Medical records are
maintained in a locked filing cabinet in the main medical unit of the prison.155
E.

Access to Dental Care

The Standards suggest that detainees undergo an initial dental screening exam within 14
days of their arrival.156 If no on-site dentist is available, the Standards state that initial dental
screening may be performed by a physician, physician’s assistant, or nurse practitioner.157 All
detainees should be provided with emergency dental treatment.158 Individuals detained for longer
than six months may receive routine dental treatment, including “amalgam and composite
restoration, prophylaxis, root canals, extractions, x-rays, the repair and adjustment of prosthetic
appliances and other procedures required to maintain the detainee’s health.”159
Piedmont has met this section of the Standards. Detainees receive dental screenings
within the first three days of their arrival at the facility.160 There is a dental lab in the main prison
facility that serves detainees and prisoners.161 The facility has an X-ray lab.162 There is a dentist
on site to provide dental care twice a week, but one detainee who has not personally experienced
dental problems reported that other detainees had experienced long waits before being seen by

150

Notes

b6
legation mem
, on conversation with Superintendent b6 , Major b6,b7c Major
and Sergeant b6,b7c
151
Notes
legation mem
on interview with detainee #3.
b6
152
Notes
legation member
on conversation with Superintendent b6 , Major b6,b7c Major
b6,b7c and Sergeant b6,b7c
153
b6
b6,b7c
Notes
legation mem
on interviews with detainee
detainee #1, and detainee
#3.
154
b6
Notes of delegation memb
, on conversation with Superintendent b6 , Major
Major
b6,b7c and Sergeant b6,b7c
b6,b7c
155
Notes
legation memb
on conversation with Superintendent b6
Major
Major
b6
b6,b7c and Sergeant b6,b7c
156
Deten
perations Ma
ealth Services, Standard 2, Section III.
157
Detention Operations Manual, Health Services, Standard 2, Section III.
158
Detention Operations Manual, Health Services, Standard 2, Section III.
159
Detention Operations Manual, Health Services, Standard 2, Section III.
160
Notes of delegation memb
on conversation with Superintendent b6 , Major b6,b7c Major
b6
b6,b7c and Sergeant b6,b7c
b6
legation member
, on interview with Detainee b6,b7c
b6,b7c

b6,b7c

161

Notes

egation member
and Sergeant b6,b7c
162
Notes
legation member
b6,b7c , and Sergeant b6,b7c

b6

on conversation with Superintendent

b6

Major

b6,b7c

, Major

b6

on conversation with Superintendent

b6

Major

b6,b7c

Major

b6,b7c

14

the dentist.163 Another detainee reported that his lawyer was assisting the detainee in setting up
an appointment with an outside dentist to perform a surgical procedure.164
F.

Hunger Strikes

The Standards require that all facilities follow accepted standards of care in the medical
and administrative management of hunger-striking detainees.165 Facilities must do everything
within their means, consistent with legal authority and standard medical and psychiatric practice,
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.166 The facility must
notify ICE of any hunger-striking detainee being housed in the facility.167
Piedmont has met this section of the Standards. The facility has a policy in force for
the reporting, monitoring, and medical treatment of any hunger-striking detainees.168 A few years
ago, detainees began a hunger strike, but ICE was promptly alerted and arrived to speak to each
of the hunger-striking detainees and resolve the issue before the strike had reached 72 hours.169
According to facility staff, the detainees conducted the hunger strike in response to frustration
regarding their status, not the conditions in the facility.170
G.

Detainee Classification System

The Standards require that detention facilities use a classification system and physically
separate detainees into different categories.171 Detainees must be assigned to the least restrictive
housing unit consistent with facility safety and security.172 A detainee’s classification is to be
determined on “objective” criteria, including criminal offenses, escape attempts, institutional
disciplinary history, violent incidents, etc.173 Opinions, unconfirmed and unverified information,
and physical characteristics and appearance are not to be taken into account.174 Classification is
required in order to separate detainees with no or minimal criminal records from inmates with
serious criminal records.175 Detainees with a history of assaultive or combative behavior are not
to be housed with non-assaultive detainees.176

163

Notes of delegation member
on interview with detainee #1.
b6
Notes of delegation member
on interview with detainee
b6, b7c
165
Detention Operations Manua
ces, Standard 1, Section I.
166
Detention Operations Manual, Health Services, Standard 1, Section I.
167
Detention Operations Manual, Health Services, Standard 1, Section I.
168
b6
Note
egation memb
on conversation with Superintendent b6
b6,b7c and Sergeant b6,b7c
169
b6
Notes of delegation member
on conversation with Superintendent b6
b6,b7c and Sergeant b6,b7c
170
b6
Notes
egation member
on conversation with Superintendent b6
b6,b7c and Sergeant b6,b7c
171
Deten
perations Manual, Detainee Services, Standard 4, Section I.
172
Detention Operations Manual, Detainee Services, Standard 4, Section III.F.
173
Detention Operations Manual, Detainee Services, Standard 4, Section III.D.
174
Detention Operations Manual, Detainee Services, Standard 4, Section III.D.
175
Detention Operations Manual, Detainee Services, Standard 4, Sections III.A & III.E.
176
Detention Operations Manual, Detainee Services, Standard 4, Section III.F.
164

15

Major

b6,b7c

, Major

, Major

b6,b7c

Major

, Major

b6,b7c

Major

All facility classification systems shall allow classification levels to be re-determined and
include procedures by which new arrivals can appeal their classification levels.177 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.178
Piedmont has substantially met this section of the Standards; however, the Inmate
Handbook does not include information on classification or appeals.179 Detainees at
Piedmont are classified according to the Virginia Department of Corrections classification
system.180 The Inmate Handbook states that “Race, color, creed, or national origin will not be
considered in housing assignment or work assignment. Classification is an on-going process to
determine housing and work assignment.”181
Major b6,b7c noted that the detainees at Piedmont are there for immigration violations,
as opposed to other types of convictions.182 The detainees are separated from the general prison
inmate population.183 Some detainee units share recreational facilities with general inmate units,
but the housing remains separate.184 If a detainee breaks prison rules or regulations, he may be
separated from the other detainees and housed with a segment of the general prison
population.185 However, the Piedmont staff noted that the general population with which the
detainee offenders are housed are not violent inmates, but, rather, are those who are being
rewarded for good behavior with positions as “Trusties.”186 It is not clear from our discussion
how long an offending detainee is separated from the detainee unit.
Two detainees confirmed that violent detainees are not allowed to remain with the
detainee population.187 Both detainees noted that as soon as staff are aware that a detainee is
violent, the detainee is immediately removed from the housing unit.188 One detainee noted that
violent detainees who are moved to a general inmate housing unit are given the opportunity to
return to the detainee unit if they exhibit good behavior, and these detainees are watched very
closely by staff and “Trusties” once they return to detainee housing units to ensure that they are
177
178

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

179

Inmate Handbook.
b6
Notes of delegation member
, on conversation with Superintendent b6 , Major
Major b6,b7c
b6,b7c
b6,b7c
181
Piedm
te Handbook, p. 1.
182
Notes of delegation member
on conversation with Major b6,b7c
b6
183
Notes
tion member
on conversation with Superi
, Major
b6
b6,b7c
b6,b7c
Major b6,b7c
184
Notes of delegation m
on conversation with Superintendent b6
Major
b6
b6,b7c
b6,b7c
Major b6,b7c
185
b6
Notes of delegation m
, on conversation with Superintendent b6
Major
b6,b7c
b6,b7c
Major b6,b7c
186
Notes of delegation m
on conversation with Superintendent b6
Major
b6
Major
Trusties”
are certain detainees, chosen by the Piedmont staff
b6,b7c
b6,b7c
b6,b7c
certai
ership respons
within a pod. For example, one Trusty oversees television
operations; another Tr
ead Trusty.
187
Notes of delegation member
on interviews with detainees
and
b6
b6,b7c
b6,b7c
188
Notes of delegation member
on interviews with detainees
and
180

16

not exhibiting violent behavior.189 Piedmont staff noted that detainees are screened for tattoos or
evidence of gang affiliation.190 This appears to conflict with the policy that detainees are not to
be classified by physical characteristics or appearance.191
H.

Detainee Grievance Procedures

The Standards require that every facility develop and implement standard procedures for
handling detainee grievances and encourage that the facility initially seek to resolve grievances
informally before having to engage in a more formalized procedure.192
Piedmont has met this section of the Standards. The volunteer manual outlines a
grievance procedure, which detainees can choose to follow if they have complaints.193 However,
Officers b6, b7c , b6, b7c and b6, b7c as well as certain detainees interviewed commented that
formal grievances
rely filed. If a detainee has any complaint, he usually speaks
informally to a Trusty within his pod; the Trusty will then address the issue with an officer, and
some resolution is achieved.195 Both Piedmont officers and detainees commented that most
detainee grievances do not concern the Piedmont facility, but the detainees’ lack of knowledge
surrounding their immigration status.196
I.

Religious Practices

The Standards require that detainees of different religious beliefs be provided with
reasonable and equitable opportunities to participate in the practices of their respective faiths.197
According to the Standards, these “opportunities will exist for all equally, regardless of the
number of practitioners of a given religion, whether the religion is ‘mainstream,’ whether the
religion is ‘Western’ or ‘Eastern,’ or other such factors. Opportunities will be constrained only
by concerns about safety, security, the orderly operation of the facility, or extraordinary costs
associated with a specific practice.”198
Piedmont has met this section of the Standards. According to facility staff, the
detainees may designate a religious preference.199 Superintendent b6 reported that there is a
chaplain at the facility, and the facility receives visits from an Ima
holic Priest, and a
189

b6, b7c
Notes of delegation member
, on interviews with detainees
and
b6
b6, b7c
Notes of delegation member
on conversation
nt b6
b6
b6, b7c
Major b6, b7c
b6, b7c
191
Detention Operations
l, Detainee Se
Standard 4, Section III.D.
192
Detention Operations Manual, Detainee Services, Standard 5, Sections I & III.A.
193
b6
Inma
dbook, pp. 5-6; notes of delegation member
on conversation with Officers b6, b7c
b6, b7c and b6, b7c .
194
b6, b7c
Notes
legat
ember
on interviews with detainees
and
b6
b6, b7c
b6
b6, b7c
Notes of delegation me
, on conversation with Officers
b6, b7c
195
b6
Notes of delegation member
, on interviews with detainees
b6, b7c
b6, b7c
196
b6
Notes of delegation member
, on interviews with detainees
and
b6
b6, b7c
notes of delegation me
on conversation with Officers
b6, b7c
197
Detention Operations Manual, Detainee Services, Standard 14, Section I.
198
Detention Operations Manual, Detainee Services, Standard 14, Section I.
199
Notes of delegation member
, on conversation with Superintendent b6 , Major
b6
b6, b7c
b6, b7c
Major b6, b7c

190

17

Methodist Minister among others.200 Religious activities take place in the housing unit, and there
is a designated prayer area in each housing unit for Muslim detainees that faces in an eastward
direction.201 Detainees may voluntarily participate in religious activities.202 Detainees may also
participate in religious activities with volunteer ministers and religious groups who schedule
prearranged visits, and personal ministers may visit during scheduled visit days or may obtain
prior approval for contact visits during certain hours.203 Detainees are allowed access to personal
religious property such as prayer beads, prayer rugs, bibles, religious medallions, etc.204 The
handbook states that detainees are permitted a “[r]easonable amount of … Religious
Materials.”205
Detainees interviewed during the visit confirmed that religion is practiced freely within
the facility.206 One detainee noted that detainees who are unable to afford a prayer rug are
permitted to use blankets as prayer rugs.207
J.

Voluntary Work Program

The Standards suggest that all facilities with work programs provide an opportunity for
physically and mentally capable detainees to “work and earn money.”208 Participation must be
voluntary, and detainees may not work more than eight hours per day, and 40 hours per week.209
Piedmont has partially met this section of the Standards; however, detainees are
unable to earn money for this work. There is a work program in place, but the detainees
cannot earn money.210 However, there is a “Trusty” system where certain detainees can earn
“canteen”211 for compensation.212 Detainees who serve as Trusties can work throughout the day,
effectively assisting facility staff.213 There are approximately ten Trusties per housing unit and
they are chosen from among the volunteers based on how long they have resided in the

200

Notes of delegation member
, on conversation with Superintendent b6
b6
Notes of delegation member
, on conversation with Major b6, b7c
202
Inmat
ook, p. 4; notes of delegation member
on conversation with Superintendent
b6
b6
b6, b7c
Major b6, b7c , Major b6, b7c , and Ser
203
Inmate Handbook, p. 4.
204
Notes of delegation member
, on conversation with Superintendent
Major
b6
b6
b6, b7c
b6, b7c
Major b6, b7c
205
Inma
ok, p. 4
206
b6, b7c
Notes of delegation member
, on interview with detainee #1 and detainee
b6
207
b6, b7c
Notes of delegation member
, on interview with detainee
208
Detention Operations Manua
tandard 37, Sections I & III.
209
Detention Operations Manual, Detainee Services, Standard 37, Sections III.A & H.
201

210

b6
Notes of delegation member
b6, b7c
Major b6, b7c and Sergeant
211
“Canteen” refers to cre
the commissa
212
Notes of delegation member
b6
b6, b7c
Major b6, b7c
213
b6
Notes of delegation member
b6, b7c
Major b6, b7c and Sergeant

on conversation with Superintendent

b6

, Major

tems such as candy bars, etc.
on conversation with Superintendent

b6

, Major

on conversation with Superintendent

b6

, Major

b6, b7c

b6, b7c

b6, b7c

18

facility.214 Trusty jobs include cleaning, laundry, overseeing the TV remote, overseeing the
telephone sign-up list, etc.215
K.

Staff-Detainee Communication/ICE Presence At the Facility

The Standards require that procedures be in place “to allow for formal and informal
contact between key facility staff and ICE staff and ICE detainees and to permit detainees to
make written requests to ICE staff and receive an answer in an acceptable time frame.”216 The
Standards require that scheduled weekly visits be conducted by ICE personnel and that “regular
unannounced (not scheduled) visits” be conducted by the ICE OIC, the Assistant OIC, and
designated department heads.217 The purpose of these visits is to monitor housing conditions,
interview detainees, review records, and answer questions for detainees who do not comprehend
the immigration removal process.218 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.”219
ICE has not fully met this section of the Standards; ICE staff do not conduct
220
b6, b7c
He is
scheduled visits to the facility. Piedmont’s ICE representative is Officer
221
attentive to Piedmont, but does not visit the facility at a scheduled time.
Piedmont indicated
that he does come once a week and will meet with detainees in his office to discuss their cases.222
One detainee did not find the ICE representative to be particularly accessible, due in particular to
the unpredictable timing of his visits.223
L.

Disciplinary Policy

The Standards state that facility authorities “will impose disciplinary sanctions on any
detainee whose behavior is not in compliance with facility rules and procedures” in order “to
provide a safe and orderly living environment.”224 Each facility holding ICE detainees must
have a detainee disciplinary system which has “progressive levels of reviews, appeals,
procedures, and documentation procedures.”225 The disciplinary policy must clearly define
214

b6
Notes of delegation member
on conversation with Superintendent b6
Major
b6, b7c
Major b6, b7c and Sergeant b6, b7c
215
b6
Notes of delegation m
, on conversation with Superintendent
Major
b6
Maj
rgeant
b6, b7c
b6, b7c
b6, b7c
216
Deten
anual,
vices, Standar
I.
217
Detention Operations Manual, Detainee Services, Standard 15, Section III.A.
218
Detention Operations Manual, Detainee Services, Standard 15, Section III.A.
219
Detention Operations Manual, Detainee Services, Standard 15, Section III.B.1.
220
b6
Notes of delegation member
on conversation with Superintendent b6 , Major b6, b7c ,
Major b6, b7c and Sergeant b6, b7c .

221

Notes of del
n member
Major b6, b7c and Serge
222
Notes of del
n member
Major b6, b7c , and Serge

b6

on conversation with Superintendent

b6

Major

b6, b7c

, on conversation with Superintendent

b6

Major

b6, b7c

b6, b7c
b6
b6, b7c

223

b6
Notes of delegation member
, on conversation with detainee
b6, b7c
Detention Operations Manual, Security and Control, Standard 5, Section I.
225
Detention Operations Manual, Security and Control, Standard 5, Section III.A.1.

224

19

.

detainee rights and responsibilities, and any disciplinary action taken must not be capricious or
retaliatory.226
The Detainee Handbook must notify detainees of the disciplinary process, the prohibited
acts and disciplinary severity scale, and the procedure for appeals.227 The handbook must also
notify detainees of specific rights, including the right to protection from abuse, harassment, and
discrimination, the right to pursue a grievance, and the right to due process, including prompt
resolution of a disciplinary matter.228
Piedmont has not fully met this section of the Standards; the Inmate Handbook does
not inform detainees of their right to protection from abuse and discrimination. The Inmate
Handbook does notify the detainees of the disciplinary process, the prohibited acts and
disciplinary severity scale, and the appeal procedure of disciplinary findings.229 In addition, the
Handbook notifies detainees of the facility’s rules of conduct and the sanctions imposed for the
violation of these rules.230 However, the Handbook does not advise the detainees of their “right
to protection from personal abuse, corporal punishment, unnecessary or excessive use of force,
personal injury, disease, property damage, and harassment” or their “right of freedom from
discrimination based on race, religion, national origin, sex, handicap, or political beliefs.”231
When a rules violation occurs, a detainee is to be given written notice of the charge, 232 although
no officers or detainees mentioned such written notice in our interviews.233 If the violation is
considered minor, often the pod Trusties will address the situation with the officers and the
detainee.234 If a major violation occurs, the Handbook describes hearing and appeal procedures
that are supposed to take place.235 However, both officer and detainee interviewees indicated
that if a detainee becomes “violent” or commits serious rules violations, then that detainee is
moved into the pod where the regular local inmates are housed.236 Staff will then monitor that
detainee’s behavior, and if he behaves well for a certain period of time, then he will be moved
back into the pod with the other detainees.237 The pod Trusties and the Piedmont staff will
closely watch the detainee and collaborate on whether his behavior warrants his permanent
return to the detainee pod.238
M.

Detainee Transfer

226

Detention Operations Manual, Security and Control, Standard 5, Section III.A.1 & A.2.
Detention Operations Manual, Security and Control, Standard 5, Section III.L.
228
Detention Operations Manual, Security and Control, Standard 5, Section III.A.5.
229
Inmate Handbook, pp. 8-9.
230
Inmate Handbook, pp. 8-9.
231
Detention Operations Manual, Security and Control, Standard 5, Sections III.A.5.a and III.A.5.b.
232
Piedmont Regional Inmate Handbook, p. 8.
233
b6
b6, b7c
Notes of delegation member
, on interviews with detainees
and
b6, b7c
b6
notes of delegation me
, on conversation with O
234
b6
b6, b7c
Notes of delegation member
onversation with Officers
and
235
Inmate Handbook, pp. 8-9.
236
b6
b6, b7c
Notes of delegation member
, on interviews with detainees
and
b6
notes of delegation member
on conversation with Officers
b6, b7c
237
b6
Notes of delegation member
, on interviews with detainees
b6, b7c
b6
b6, b7c
notes of delegation member
, on conversation with O
238
b6
Notes of delegation member
on interviews with detainees
and
b6, b7c
b6
b6, b7c
notes of delegation member
on conversation with O
227

20

b6, b7c
b6, b7c
b6, b7c

b6, b7c
b6, b7c
b6, b7c
b6, b7c
b6, b7c
b6, b7c

When transferring a detainee, the Standards require ICE to take into consideration
whether a detainee is represented before the immigration court, and the location of the attorney
and the court.239 The Standards require ICE to notify a detainee’s legal representative of record
that the detainee is being transferred.240 Indigent detainees will be permitted to make a single
domestic telephone call at government expense upon arrival at their final destination; nonindigent detainees will be permitted to make telephone calls at their own expense.241
Piedmont has met this section of the Standards. When they first arrive at Piedmont,
detainees fill out a form with their information and that of their attorney.242 The staff forwards
this form to the ICE office in Fairfax, Virginia.243 Indigent detainees are able to make a free call
upon arrival when they are transferred to Piedmont Regional Jail.244 The “blue phones” in the
pods have numbers for CAIR coalition, which detainees can always use at no cost.245 When
detainees are transferred, the Piedmont staff notifies the detainee’s attorney.246
V.

CONCLUSION

Piedmont meets many of the ICE Detention Standards but fails to meet certain specific
provisions as follows:
To facilitate personal visitation, Piedmont should standardize the visitation hours listed in
the Inmate Handbook with the actual visitation hours in practice, and ensure that visits are thirty
minutes long or longer.
To facilitate telephone access to legal representatives, Piedmont should enable detainees
to make private outgoing telephone calls to their attorneys. This issue was raised in the 2006
ABA report as well, and has not been corrected.
To support detainee access to legal materials and legal representation, Piedmont should
acquire all of the printed material listed in Attachment A to the Chapter on Access to Legal
Material in the Standards. Also, Piedmont should provide a quieter, larger space and increased
lighting for the libraries in each pod.
To facilitate detainee access to outdoor recreation, Piedmont should ensure that detainees
in all pods are given outdoor recreation access for at least one hour per day, five days per week.
This issue was raised in the 2006 ABA report as well, and has not been corrected.

239

Detention Operations Manual, Detainee Security and Control, Standard 4, Section I.
Detention Operations Manual, Detainee Security and Control, Standard 4, Section III.A.
241
Detention Operations Manua
rity and Control, Standard 4, S
I
242
b6
Notes of delegation member
on conversation with Officers b6, b7C b6, b7C and b6, b7C Detainee
Transfer Notification form.
243
b6
Notes of delegation member
on conversation with Officers b6, b7C b6, b7C and b6, b7C
244
b6
Notes of delegation member
, on conversation with Officers b6, b7C b6, b7C and b6, b7C
245
b6
b6, b7C
Notes of delegation member
, on conversation with Detainees
and
b6, b7C
b6
b6, b7C and
b6, b7C notes of delegation member
b6, b7C
on conversation wit
b6, b7C ; notes of delegation member
b6, b7C
b6
on interview with detainee
246
b6
Notes of delegation member
, on conversation with Officers b6, b7C b6, b7C, and b6, b7C
240

21

To facilitate detainee access to medical care, Piedmont should ensure there are no
unreasonable delays in responding to non-emergency sick-call requests.
To support detainee access to a voluntary work program, Piedmont should pay detainees
for their work. Access to canteen items is not the equivalent of monetary compensation which
could, for example, provide access to telephone calls.
Finally, to support detainee access to ICE staff, ICE should ensure that their
representative makes regular weekly scheduled and unscheduled visits to Piedmont.

22

b6

b6

b6

b6

Facility Name: PIEDMONT REGIONAL JAIL, Farmville, VA
Date of Tour: August 1, 2007
Tour Participants: Latham & Watkins LLP attorneys and summer associates, including
,
, and
.
e Detainee Services Standards unless otherwise indicated. Standards excerpts are typed verbatim. Issues are generally listed in their order from the Report.
Report comments in bold are priority issues for ICE-ABA discussion.
b6

1.

3.

4.

Delegation Report

Source

Standard 16, Telephone Access
ƒ III.J. The facility shall ensure privacy for detainees’
telephone calls regarding legal matters. For this
purpose, the facility shall provide a reasonable number
of telephones on which detainees can make such calls
without being overheard by officers, other staff or
other detainees.
Standard 1, Access to Legal Material
ƒ III.A. The facility shall provide a law library in a
designated room with sufficient space to facilitate
detainees’ legal research and writing. The law library
shall be large enough to provide reasonable access to
all detainees who request its use. It shall … [be]
reasonably isolated from noisy areas.
Standard 1, Access to Legal Material
ƒ III.C. The law library shall contain the materials listed
in Attachment A. … The facility shall post a list of its
holdings in the law library.
Standard 3, Correspondence and Other Mail
ƒ III.B. The facility shall notify detainees of its policy in
correspondence and other mail through the detainee
handbook or equivalent … [and] shall specify: … 5. The
definition of special correspondence, including
instructions on the proper labeling for special
correspondence, without which it will not be treated as
special mail.… 6. That packages may not be sent or
received without advance arrangements approved by the
OIC …. 7. A description of mail which may be rejected
by the facility …. The notification will state that identity
documents, such as passports and birth certificates, etc.,
are contraband ….

ƒ

Phones are in the open area of the pod. There is
no privacy for outgoing calls. (p.6 ¶2) However,
attorneys may request a private call with their
clients. (p.6 ¶2)

Delegation
observations;
endent

ƒ

The libraries are noisy. (p.7 ¶2)

Delegation
observations.

ƒ

Many of the secondary resources listed in
Attachment A are not available on LexisNexis.
(p.8 ¶2)

Delegation
observations.

ƒ

The Inmate Handbook does not provide the
following information as required: 1) “the definition
of special correspondence, including instructions on
the proper labeling for special correspondence . . . .
[and a] statement that it is the detainee’s
responsibility to inform senders of special mail of
the labeling requirement.”; 2) the fact that detainees
may not send or receive packages without advance
approved arrangements; and 3) the fact that identity
documents, such as passports and birth certificates,
are contraband and may be rejected by the facility.
(p.11 ¶3)

Inmate Handbook.

ABA Commission on Immigration - Detention Standards Implementation Initiative

ICE Response

b6, b7C

2.

ICE Standard*

5/2008

1

9.

In the section of Piedmont that contains a detainee
pod and an inmate pod, the detainees are only given
one hour of outdoor recreation one or two times per
week, and no indoor recreation. (p.12 ¶3)

ƒ

Several of the detainees interviewed at Piedmont
reported that there were long waits for medical care
and that medical requests were not fully responded
to. (p.13 ¶2)

ƒ

The Inmate Handbook does not include information
on classification or appeals. (p.16 ¶3)

Inmate Handbook

ƒ

There is a work program in place, but the detainees
cannot earn money. However, there is a “Trusty”
system where certain detainees can earn “canteen”
for compensation. (p.19 ¶1)

Superintendent
Major
, Major
and Sergeant

Standard 15, Staff-Detainee Communication.
ƒ III.A.2. Scheduled Contact with Detainees. The
purpose for these scheduled weekly visits is to address
detainees’ personal concerns and to monitor living
conditions. Facility or District deportation staff …
shall conduct these scheduled visits.

ƒ

The ICE officer does not visit the facility at a
regularly scheduled time. (p.19 ¶3)

tendent
Major
Major
d
Sergeant

ees #1,
and

b6, b7C

ABA Commission on Immigration - Detention Standards Implementation Initiative

Detainee

b6, b7C
b6, b7C
b6, b7C b6, b7C
b6, b7C b6, b7C b6, b7C

8.

ƒ

b6, b7C

7.

Standard 13, Recreation
ƒ III.A.3. All new or renegotiated contracts and IGSAs will
stipulate that [ICE] detainees have access to an outdoor
recreation area.
ƒ III.B.1. If outdoor recreation is available at the facility,
each detainee shall have access for at least one hour daily,
at a reasonable time of day, five days a week, weather
permitting.
ƒ III.B.2. If only indoor recreation is available, detainees
shall have access for at least one hour each day and shall
have access to natural light.
Health Services Standard 2, Medical Care
ƒ I. All detainees shall have access to medical services that
promote detainee health and general well-being.
ƒ III.F. Each facility will have a mechanism that allows
detainees the opportunity to request health care services
provided by a physician or other qualified medical
officers in a clinical setting. All facilities must have a
procedure in place to ensure that all request slips are
received by the medical facility in a timely manner….
Standard 4, Detainee Classification System
ƒ III.I. The detainee handbook’s section on classification
will include the following: 1. An explanation of the
classification levels with the conditions and restrictions
applicable to each. 2. The procedures by which a detainee
may appeal his/her classification.
Standard 18, Voluntary Work Program
ƒ I. Every facility with a work program will provide
detainees the opportunity to work and earn money.

b6, b7C

6.

b6, b7C

5.

5/2008

2

10. Security and Control Standard 5, Disciplinary Policy
ƒ III.A.5. The detainee handbook or equivalent, issued to
each detainee upon admittance, shall provide notice of
the facility’s rules of conduct … Among other things,
the handbook shall advise detainees of the following: a.
The right to protection from personal abuse, corporal
punishment, unnecessary or excessive use of force,
personal injury, disease, property damage, and
harassment; b. The right of freedom from
discrimination based on race, religion, national origin,
sex, handicap, or political beliefs; c. The right to
pursue a grievance …; d. The right to correspond with
persons or organizations …; e. The right to due
process, including the prompt resolution of a
disciplinary matter ….

ƒ

The Handbook does not advise the detainees of
their “right to protection from personal abuse,
corporal punishment, unnecessary or excessive
use of force, personal injury, disease, property
damage, and harassment” or their “right of
freedom from discrimination based on race,
religion, national origin, sex, handicap, or
political beliefs.” (p.20 ¶4)

ABA Commission on Immigration - Detention Standards Implementation Initiative

Inmate
Handbook.

5/2008

3