~efend!ng Lib~"y
____________________________1n:a.
U'P''''.lIngJUstice
Commission on Immigration

MEMORANDUM

TO:
FROM:
RE:
DATE:

John P. Torres, Director, Office of Detention and Removal, Immigration and
Customs
Associate Director, ABA Commission on Immigration
Report on Observational Tour of the Regional Correctional Center, Albuquerque, NM
August 1, 2007

The attached Report on the Observational Tour of the Regional Correctional Center,
Albuquerque, NM was prepared for the ABA Commission on' Immigration's Detention
Standards Implementation Initiative. The report raises serious concerns regarding detainee
transfers that Ibring to your attention, as they reach beyond the particular facility of concern.
Specifically, two women reported to delegation members that they had gone for more than two
days without food or drink during a transfer from California to the Regional Correctional Center
(RCC). The trip took about two days, during which they were not fed, and they were only fed at
RCC after all of the transferred men had been cleared and they were processed, which took about
half a day. The two women stated that officers gave them ice but no other liquid during the
transfer and processing at RCC. In addition, they were housed in extremely cold conditions
without blankets during the transfer, during a stop that may have taken place in Arizona.
There were additional concerns with the Detainee Transfers Detention Standard and several
others, according to reports by facility staff and detainees, which are summarized in the attached
chart. We look forward to hearing what steps are being taken to address these serious concerns.

MEMORANDUM
May 10,2007
To:

From:
Copies To:
Subject:

John P. Torres, Director, Office of Detention and Removal,
Immigration and Customs Enforcement
~""V"HHIVU Delegation to the Regional Correctional Center I
ABA Commission on Immigration
on
Tour of the Regional Correctional Center,
Albuquerque, New Mexico

This memorandum summarizes and evaluates information gathered at the Regional
Correctional Center ("RCC") in Albuquerque, New Mexico during the delegation's April 12,
2007 visit to the facility. The information was gathered via observation of the facility by the
delegation, interviews with six detainees, and discussions with RCC and Immigration and
Customs Enforcement ("ICE") personnel.

I.

ICE DETENTION STANDARDS

In November 2000, the Immigration and Naturalization Service ("INS")/ promulgated
the "INS Detention Standards" to ensure the "safe, secure and humane treatment" of immigration
detaip.ees; The 38 standards contained in the Detention Operations Manual cover a broad
spectrum of issues ranging from visitation policies to grievance procedures. These standards
apply to ICE-operated detention centers and other facilities that house immigration detainees
pursuant to a contract or intergovernmental service agreement ("IGSA").
The Detention Standards (the "Standards") went into effect at ICE-operated detention
facilities on January 1,2001. ICE intended to phase in the Standards at all of its contract and
IGSA facilities by December 31, 2002. The Standards constitute a floor rather than a ceiling for
the treatment of immigration detainees. In other words, they are designed to establish the
minimum requirements to which ICE must adhere in its facilities. Each Field Office or Officerin-Charge has discretion to promulgate polices and practices affording ICE detainees more
enhanced rights and protections, beyond those provided for by the Standards.
II. INTRODUCTION

A. The Delegation's Visit, April 12, 2007

our
dis,cussion. The delegation also
Supervisor"
thetour. ~

"Pil'PI':tiVf'March 1, 2003, the INS ceased to exist as an agency of the Department of Justice. The INS's
immigration enforcement functions were transferred to ICE, a division of the newly-created Department of
Homeland Security ("DHS").

delegation appreciates the cooperation ofthese individuals; they were direct and accommodating
. during our tour of the facility.
Our report is based on the discussions we had with these RCC and ICE employees, as
well as observations of the facility and interviews with six immigration detainees. Where the
detainees' reports were compatible with statements made by facility personnel and our
observations, the delegation was most accurately able to determine whether RCC policy and
procedures successfully meets the Standards. However, in most instances, the detainees' reports
conflicted with statements made by facility personnel. Where we were unable to reconcile the
conflicting reports, the delegation was unable to determine conclusively whether the Standards
are being met.
B. General Information About the RCC
The RCC houses federal immigration detainees according to an IGSA with ICE (although
point among the RCC leadership team). According to RCC
we note some confusion on
personnel, the IGSA provides that the maximum ICE population is 800. 3 On April 12,2007,
RCC had a population of960 inmates, 727 of whom were immigration detainees. 4 RCC houses
estimated that 110 women
mostly males, although at the time of our visit, the facility
the delegation that the
were housed there. 5 Warden"and Programs
facility housed immigration detainees from many different
,including primarily,
Guatemala, Honduras, EI Salvador and Mexico. 6

this

III. LEGAL ACCESS STANDARDS
A. Visitation

1. . Visitation by Attorneys
The Standards require that facilities permit legal visitation seven days per week.7
Attorneys should have access to their clients eight hours per day during the week and four hours
per day during the weekend. 8 The visits must be private, and should not be interrupted for head
counts,9 Facilities should establish a procedure by which attorneys may call to determine whether
a detainee is housed in a particular facility.1O Detention centers should permit visits from
attorneys, other legal representatives, legal assistants, and interpreters. II
RCC meets this section of the Standards. Attorneys may visit the detainees seven days
per week, and are also offered the option of telephone conferences with their clients. 12 Law

3 Notes of delegation
on introductory information provided by Compliance/Quality
Assurance ~a.~~._
4 Notes of aelc~galtIOn
Assurance
5 Notes of
JlllJ.omJU provided by Compliance/Quality
Assurance
6 Notes of
provided by Compliance/Quality
Assurance
7 Detention
Standard 17, Section ill.L2.
8 Detention Operations Manual, Detainee Services, Standard 17, Section ill.L2.
9 Detenti on Operations Manual, Detainee Services, Standard 17, Section ill.i.9.
10 Detention Operations Manual, Detainee Services, Standard 17, Section ill.1.6.
11 Detention Operations Manual, Detainee Services, Standard 17, Section ill.I.3.
12Notes of delegation membel
iii on conversation with Compliance/Quality Assurance Officer

2

students and interpreters, or other legal assistants, may meet with detainees as long as RCC has
advance knowledge of their visit. 13
The information given in the RCC Detainee Handbook (the "RCC Detainee Handbook"
or "Handbook") is consistent with the information that the facility staff provided during the
tour. 14 According to the Handbook; attorney visits are permitted during mealtime. 15 Attorney
visits during lockdown are not addressed in the Detainee Handbook. The facility staff also stated
that attorney-client visits are permitted during head counts. 16
Each Pod visited by the delegation had approximately two attorney visitation rooms. 17
Attorney visits are contact visits. IS Attorneys are not searched, and detainees are only subject to a
pat down search after a legal visit. 19
Attorneys may call RCC to determine whether their client is being housed at the
facility?O RCC has the capability to search for detainees by name, although they are not
permitted to disclose information beyond whether the detainee is at the facility.21

2. Visitation by Family and Friends
To maintain detainee morale and family relationships, the Standards encourage visits
from family and friends. 22 The Standards suggest that facilities establish written visitation hours
and procedures, and make them available to the pUblic. 23 This includes procedures for handling
incoming money for detainees. 24 The visiting area is to be "appropriately furnished and arranged,
and as comfortable and pleasant as practicable.,,25 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.26 Visits should be at least 30 minutes long, and
longer when possible. 27 Visits should be granted to detainees in both disciplinary and
administrative segregation unless a detainee violates the visitation rules or threatens the security
of the visitation room. 2S

of delegation melnbem;
and interview with
Observations of delegation
15RCC Detainee Handbook,
delegation

conversation with Programs Manager

interview with Programs Manager
. ew with Programs Manager

3

RCC appears to meet this section of the Standards, although detainees expressed
concern that RCC did not provide accommodations for visitors traveling long distances.
Visiting hours are set on Wednesdays, Thursdays, Saturdays, and Sundays from 8:00 a.m. to
2:30 p.m. 29 The schedule ensures that each detainee may receive visitors either on Saturday or
Sunday.3o Visits should be at least 1 hour long, and inmates are permitted 2 visits per week. 31
The Detainee Handbook caps the number of visits at one per day.32 RCC generally confines visits
to these hours, but supervisors may adjust the schedule if a detainee's visitors face a particular
hardship.33 Visitation with family is non-contact; visits with minors are permitted. 34 For
detainees in Administrative Segregation, they are permitted 1 visit of 1 hour per week on
Fridays.35 The visitation schedule is not posted at the entrance to the facility.36
There were inconsistencies between what staff members and the RCC Detainee
Handbook said and information from one detainee. According to this detainee, visitation was not
always permitted 2 times a week, for 1 hour each visit. 37 In addition, there were no special
accommodation made for a family member traveling from out of town (from New Jersey to New
Mexico).38 The detainee was permitted only 2 short visits of30 minutes each with this family
member. 39
B. Telephone Access

1. General Requirements·
The Standards require that facilities provide detainees with reasonable and equitable
access to telephones during established facility waking hours. 40 In order to meet this requirement,
facilities must provide at least one telephone for every 25 detainees.41 The Standards also require
that telephone access rules be provided in writing to each detainee upon admittance, and that the
rules be posted where detainees may easily see them. 42
RCC does not meet this Standard: telephones do not work and rules and
instructions are not posted. Each housing unit has its own set of phones and the number was
approximately one
.
. however, the phones that were tested were
inoperable. 43
telephones often do not work for up to
a family emergency in which she needed
three (3) days in a row at the facility.
to find her missing teenage son but she was unable to use the phones for days at a time. 44
29 RCC Detainee Handbook, Visitation, p. 7.
30RCC Detainee Visiting Schedule; RCC Detainee Handbook, p. 8.
31 RCC Detainee Handbook, Visitation, pp. 7-8
32 RCC Detainee
of delegation member
conversation
with Programs M,magel
33
on conversation with Compliance/Quality Assurance Officer

with Programs iVJ.(l1"'<;"l
35RCC Detainee l-I",nti!,iV'i
36 Observations of delegation
37Notes of delegation members
38 Notes of delegation "'''''''u'"",
39Notes of delegation members
4ODetention Operations
Sections I & ill.A.
41 Detention Operations Manual, Detainee Services, Standard 16, Section ill.C.
42 Detention Operations M a n u a l , · ·
16, Section Ill.B.
43 Observations of delegation
44 Notes of delegation

4

Telephone usage rules and instructions regarding usage of the phones were not posted next to the
phones. 45

2. Direct Calls and Free Calls
The Standards allow facilities to generally restrict calls to collect calls;46 however, the
facility must permit detainees to make direct calls to the local immigration court and the Board of
Immigration Appeals, federal and local courts, consular officials, legal service providers,
government offices, and to family members in case of emergency.47 The facility shall not require
indigent detainees to pay for these types of calls iflocal, nor for non-local calls ifthere is a
48
compelling need. 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.'>49
RCC does not fully meet this section of the Standards: detainees are not able to
make calls to legal service providers or to consulates at no charge. The delegation did not
observe any notification near the phones of the abili ty to place direct calls. 50 The telephone
numbers oflegal service providers and a list of detention officers were posted next to the
phones.51 The phone numbers oflocal consulates are in a notebook by each phone or bank of
phones in the facility.52 In the Special Management Unit at RCC, there are no notebooks of
consular numbers available to detainees. 53 The delegation attempted to call the Mexican
Court, and
Las Americas but the calls
Consulate, the EIPaso
54
that they
did not connect.
are unable to make free

3. Telephone Access to Legal Representatives
The Standards provide that the facility shall not restrict the number of calls a detainee
places to hislher legal representatives, nor limit the duration of such calls by automatic cutoff,
unless necessary for security purposes or to maintain orderly and fair access to telephones. 56 If
time limits are necessary, they shall be no shorter than 20 minutes.57 The Standards require that
the facility ensure privacy for detainees' telephone calls regarding legal matters, and that calls
shall not be electronically monitored absent a court order. 58

arbitrarily.

of the Standards: calls are apparently disconnected
that all telephone calls she tried to make had been

45 Observations of delegation membe~
46 Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
47 Detention Operations Manual, Detainee Services, Standard 16, Section m.E.
48Detention Operations Manual, Detainee Services, Standard 16, Section 1I1.E.
49 Detention Operations Manual, Detainee S .
Standard
Section m.E.
50 Observations of delegation
51 Observations of delegation
52 Observations of delegation
53 Observations of delegation
54 Observations of delegation
55Notes of delegation me:mt,etl• •
of delegation m",mh,,.r
lptp,ntl()n Operations Manual, Detainee Services, Standard 16, Section F.
57 Detention Operations Manual, Detainee Services, Standard 16, Section F.
58 Detention Operations Manual, Detainee Services, Standard 16, Section J.

5

in the middle of a conversation of no more than 15 minutes. 59
Detainee
that she was unable to make a call for longer than 10 minutes
without being disconnected. 60 Detainees are unable to make private telephone calls, because the
phones where detainees make outgoing calls are all located in the public dayrooms with no
"t"01""rI1~ 61 The telephones are out in the open, and there are no partitions.62 Detainee
stated that
talk about the conditions at RCC, her calls were
how her calls are cut off if she says

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.65 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 said detainee to return the emergency call as soon as
possible. 66
RCC meets this section of the Standards. Incoming phone caBs and messages are
accepted at RCC. 67 The procedure for making emergency calls is to refer them to the Shift
Commander on a case-by-case basis. 68

5. Telephone Privileges in Special Management Unit
The Standards provide that detainees in the Special Management Unit ("SMU") for
disciplinary reasons shall be permitted to make direct and/or free caBs, including calls to consular
officials, except under compelling security conditions. 69
RCC appears to meet this section of the Standards, although it is unclear how
detainees obtain consular tdephone numbers since a list is not posted. Detainees at RCC
placed in the SMU for disciplinary reasons have access to the telephones, but only via a shift
supervisor who will make a phone available to the detainee. 70 The telephone is placed on a
platform and is wheeled to the detainee's individual cell? The phone receiver is placed through
a small opening in the detainee's door for the detainee to hold the telephone receiver and speak. 72

59 Notes of delegation
60 Notes of delegation
61

63 Notes of delegation
64Notes of delegation
65 Detention Opemtions
Standard 16, Section
66 Detention Operations Manual, Detainee Services, Standard 16, Section III.I.
67Notes of delegation m e m b e _ on conversation with Compliance/Quality Assumnce Officer

.LJ\..",,,,,,,,,,, Handbook, p. 6 and notes of delegation member

Programs Manager

Operations Manual, Detainee SerVices, Standard 16, Section ill.G; Security and Control,
Standard 14, Section ill.D.l9.
70 Notes of Delegation
conversations with Compliance/Quality Assurance Officer
of delegation
n Observations of delegation

6

Also, as mentioned above, there are no notebooks of consular numbers available to detainees in
the Special Management Unit. 73
C. Access to Library and Legal Material
All facilities with detainees "shall permit detainees access to a law library, and provide
legal materials, facilities, equipment and document copying privileges, and the opportunity to
prepare legal documents.,,74

1. Library Access
The Standards suggest that each facility shall have a flexible schedule for law library use
that permits all detainees, regardless of housing or classification, to use the law library on a .
regular basis. 75 Each detainee shall be permitted to use the law library for a minimum of five
hours per week. 76
RCC does not appear to meet this section of the Standards: detainees reported that
they could only access the library for a couple of hours per week. RCC does not have a
regular law library; rather, the facility has a mobile library on a cart which is rotated among
Pods. 77 The library consists· of a computer with a disk provided by ICE; 78 the computer is not
internet accessible for the immigrant detainees. 79 Detainees reported that they could only access
the library for a couple of hours per week, or had never seen the library.80

2. Library Conditions
The Standards require that a facility provide a law library with sufficient space to
facilitate detainees' legal research and writing. 8I 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.,,82
RCC does not meet this section of the Standards because there is no library· room,
no tables or chairs are provided for use of the library cart, and access to the library cart
may be limited. RCC does not have a regular law library, but rather has a mobile library which
consists of a computer on a cart. 83 The Pods do not have any tables or chairs on which to work
during the time that the library cart is in their Pod. 84

3. Materials Identified in the Detention Standards

73 Observations of delegation membe~
74 Detention Operations Manual, Deta~ection I.
75 Detention Operations Manual, Detainee Services, Standard 1, Section ill.G.
76 Detention Operations Manual, Detainee Services, Standard 1, Section ill.G.
77Notes of delegation m e m b e r _ on observation and conversation with Programs Manager
delegation member
79 Notes of delegation
80 Notes of delegation
delegation
81 Detention
Services, Standard 1,
82 Detention Operations Manual, Detainee Services, Standard 1, Section 1I1.A.
83Notes of delegation membe~on observation and conversation with Programs Manager
1n","TV"TlCm"

of delegation member

7

The Standards require that all facility law libraries contain the materials listed in
Attachment A to the chapter on Access to Legal Materials. 85 These materials must be updated
regularly, and infonnation must be added on significant regulatory and statutory changes
regarding detention and deportation of aliens in a timely manner. 86 Damaged or stolen materials
must be promptly replaced. 87 Non-English speaking detainees who indicate difficulty with the
legal materials must be provided with more than access to a set of English-language legal
materials. 88

RCC does not fully meet this section of the Standards: RCC provides its
immigration detainees with computer access to LexisNexis, however, materials on the CDROM may not be accessible, and are not available for non-English speakers as required by
. the Standards.89 While LexisNexis provides access to numerous legal materials, as well as
current statutory and regulatory information, one detainee reported that when she clicked on the
immigration file in the CD-ROM it would not open, so the materials may not be accessible. 9o In
addition, another detainee stated that materials were only available in English. 91
4. Library Equipment and Supplies
The Standards require that facility law libraries provide an adequate number of
typewriters and/or computers, writing implements, paper, and office supplies to enable detainees
to prepare documents for legal proceedings. 92 Staff must inspect at least weekly to ensure
equipment is in working order and to stock sufficient supplies. 93 In addition, indigent detainees
must be provided free envelopes and stamps for legal mai1. 94

RCC does not meet this section ofthe Standards: supplies are not provided. RCC
has one computer available in its mobile law library cart. 95 Aside from the computer, the library
cart has no other supplies. 96 The RCC Detainee Handbook states that a housing officer will
provide writing material, pencils, and envelopes for personal use. 97 However, one detainee stated
that paper and envelopes are not supplied free of charge, but must be purchased. 98
5. Photocopies
The Standards provide that each facility shall ensure that detainees can obtain
photocopies of legal materials, when such copies are reasonable and necessary for legal
proceedings involving the detainee. 99 Enough copies must be provided so that a detainee can

85 Detention Operations Manual, Detainee Services, Standard 1, Section m.c.
86 Detention Operations Manual, Detainee Services, Standard 1, Section m.E.
87 Detention Operations Manual, Detainee Services, Standard 1, Section m.F.
88 Detention Operations
SerVices, Standard 1, Section IILL.
89Notes of delegation
conversation with Programs
90Notes of delegation
91 Notes of delegation
92 Detention Operations
Standard 1, Section m.B.
93 Detention Operations Manual, Detainee Services, Standard 1, Section m.B.
94 Detention Operations
Detainee Services, Standard 1, Section m.N.
with Programs >Y~'"""ES'"
97 RCC Detainee Handbook, p
98 Notes of delegation
conversation with
99 Detention Operations Manual, Detainee Services, Standard 1, Section

8

•

fulfill court procedural rules and retain a copy for his records. 100 Facilitypersonnel may not read
a document that on its face is clearly related to a legal proceeding involving the detainee. lol
RCC appears to meet this section of the Standards. According to facility personnel, if
a detainee wants to print material from the law library cart, the detainee must copy the material
onto a disk and request that it be printed by facility staff. 102

6. 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. 103
RCC does not meet this section ofthe Standards: detainees are specifically
prohibited from using the law library cart to assist other detainees. 104

7. Notice to Detainees
The Standards require that the detainee handbook provide detainees with the rules and
procedures governing access to legal materials, including procedures for requesting additional
time in the library. 105
RCC does not meet this section of the Standards: the Handbook does not provide
the required information. The RCC Detainee Handbook does not specify the procedures for
requesting additional time in the library. 106
D. Group Legal 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 orderly operation of each facility." 107 At
least 48 hours prior to a scheduled presentation, "information posters shall be prominently
displayed in the housing units ... ,,108 Housing control officers maintain a sign up sheet for
interested detainees. 109 "The facility shall select and provide an environment conducive to the
presentation consistent with security.,,110 In addition the facility "shall play INS-approved
videotaped presentations on legal rights" and provide detainees "regular opportunities" to view
this videotape. 11 I
The RCC may not fully meet this section ofthe Standards: informational posters
are not employed, and detainees do not have an opportunity to sign up for a rights
100 Detention Operations Manual, Detainee Services, Standard 1, Section IIU.
101 Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
102Notes of delegation membe~on conversation with Programs M,ma:ger
103 Detention Operations Manwir,'JeUiin'ee~'~rvices, Standard Section ill.K.
I04RCC Detainee Handbook, p. 7; notes of
on conversation with
Programs nuulC'5""
105 Detention
106 RCC Detainee Handbook, p. 7.
107 Detention Operations Manual, Detainee Services, Standard 9, Section I.
108 Detention Operations Manual, Detainee Services, Standard 9, Section ill.C.
109 Detention Operations Manual, Detainee Services, Standard 9, Section ill.C.
I 10 Detention Operations Manual, Detainee Services, Standard 9, Section ill.E.
n I Detention Operations Manual, Detainee Services, Standard 9, Section ill.I.

9

presentation, although personnel indicated they do not have enough advance notice to make
that possible. In addition, the RCC does not have a videotaped legal rights presentation.
According to RCC personnel, the facility places no restrictions on rights presentations. 112
Diocesan Migrant and Refugee·
EI Paso Texas, conducts presentations
is affiliated with this group and awaiting her
approximately once a month. 113
DHS accreditation, provides such presentations under the supervision of a DMRS attorney. I 14
Presentations are given in the housing areas, 115 which are not necessarily
.
the
to those
presentations because they lack seating areas. 116 RCC personnel direct
want to
units housing the most recent detainees, as opposed to providing a space for
attend. 117 The facility does not display informational posters prior to the presentations, nor do
detainees have the opportunity to sign up for the presentations. 118 According to RCC personnel,
the presenters provide insufficient notice to RCC to make that possible. I 19 Detainees do not have
any opportunity to view a videotaped version of a "know your rights" presentation because the
facility has not yet obtained an ICE-approved videotaped presentation. 120

the

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.124 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 ofthe detainee if
security reasons exist for doing SO.125 Special correspondence--which includes all written
communication to or from attorneys, legal representatives, judges, courts, government officials,
and the news media-is treated differently.126 Incoming special correspondence can be inspected
for contraband only in the presence of the detainee, but it can never be read or copied. 127
Outgoing special correspondence cannot be opened, inspected, or read. 128 The detainee handbook
112 Notes of delegation
113 Notes of delegation
114Notes of delegation
115 Notes of delegationmem
_ _ , who attended.
~egation
I 17 Notes of delegation
118 Notes of delegation
119 Notes of delegation
12~otes of delegation
121 Notes U~J'~e;,aL1\}1l

conversation with Programs In'Ul"e;~l
conversation with Programs Manager
conversation with Programs Manager
conversation with delegation member
January or February of 2007.
observation' of housing area.
conversation with Programs Manager
conversation with Programs Manager
conversation with Programs Manager
conversation with Programs M,ma;ger
conversation with U~'C1l1J.~=

123Notes delegation
124Detention Operations
Detainee Services, Standard 3,
125 Detention Operations Manual, Detainee Services, Standard 3, Sections Ill.B & E.
126 Detention Operations Manual, Detainee Services, Standard 3, Sections Ill.B, E, & F.
127Detention Operations Manual, Detainee Services, Standard 3, Sections Ill.B & E.
128 Detention Operations Manual, Detainee Services, Standard 3, Sections Ill.B & F.

10

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. 129 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.l30 Finally, the Standards require that
facilities notify detaineeS of specific information regarding correspondence policies. l31
RCC does not fully meet this section of the Standards; the detainee handbook does
not include required information, and mail delivery is severely delayed. RCC does not
provide all detainees with the RCC Detainee Handbook. 132 The RCC Detainee Handbook
notification 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] state[ment] that it is the detainee's responsibility to inform senders of special mail of the
labeling requiremenf'; 2) the fact that identity documents, such as passports and birth certificates,
are contraband and may be rejected by the facility; 3) instructions about "how to obtain writing
implements, paper, and envelopes"; and 4) "the procedure for purchasing postage (if any), and the
rules for providing indigent and certain other detainees free postage.,,133 Without providing
information regarding the foregoing matters, RCC fails to meet the notification requirements of
this section the Standards. Further, the handbook states that outgoing packages will be inspected
for contraband, without addressing any separate procedures for outgoing legal mail,134 which may
not be inspected under the Standards.
The delivery of mail from the detainees to family members is severely delayed and can
take up to two (2) weeks or more. 135
B. Detainee Handbook
The Standards require that every Officer in Charge develop a site-specific detainee
handbook to serve as an overview of detention policies, rules, and procedures. 136 Every detainee
should receive a copy of the handbook upon admission to the facility. 137 The handbook will be
written in English and translated into Spanish and other prevalent languages as appropriate. 138
The handbook must include visitation hours and rules. 139 The handbook must notify detainees of
the facility correspondence policy.140 The grievance section of the handbook must provide notice
of the opportunity to file both formal and informal grievances and the procedures for filing
grievances and appeals. 141 The classification section of the handbook must include an
129 Detention Operations Manual, Detainee Services, Standard 3, Sections III.B.
130 Detention Operations Manual, Detainee Services, Standard 3, Section III.!, and Standard 1, Section
III.N.
131 Detention Operations Manual, Detainee Services, Standard 3, Section
132Notes of
membet
1&;
on conversation with detainees

f P. 9, 12-13.

Detainee Services, Standard 3, Section III.B; RCC Detainee Handbook,

34 RCC Detainee Handbook, p. 9.
135 Notes of del.eglltlO
of delegation
136 Detention Operations
Detainee Services, Standard 6,
137 Detention Operations Manual,Detainee Services, Standard 6, Section I.
138 Detention Operations Manual, Detainee Services, Standard 6, Section m.E.
139 Detention Operations Manual, Detainee Services, Standard 17, Section III.B.
I40Detention Operations Manual, Detainee Services, Standard 3, Section III.B.
141 Detention Operations Manual, Detainee Services, Standard 5, Section III.G.

11

explanation of the classification levels and procedures for appealing a classification. 142 The
handbook must provide notice of the facility's rules of conduct and the sanctions imposed. 143 It
must advise detainees of rights including the right to protection from abuse, right to freedom from
discrimination, and right to pursue a grievance~ 144 The handbook inust also state that detainees
have the opportunity to submit written questions, requests, or concerns to ICE staff and the
procedures for doing SO.145 The Officer in Charge will provide a copy of the handbook to every
staff member who has contact with detainees. 146
RCC does not meet this section of the Standards: detainees indicated that they did
not receive the Handbook when they arrived at RCC. The Handbook does not include
required information; however, the delegation understands that the RCC is currently
rewriting it; The RCC Detainee Handbook does not include various required information: as
detailed above, it does not include adequate information regarding correspondence; as detailed
. below, it does not include adequate information about the grievance process, the classification
system, or disciplinary policy. In addition, 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,,,147 and
it does not address procedures for communicating with ICE staff. The Handbook also provides
references to pages that do not exist,148 and sections indicate that more material is to be inserted,
but this is likely a function of the fact that it is being revised. 149
Several procedures outlined in the RCC Detainee Handbook do not appear to reflect the
procedures that occur in the facility. 150 For example, the Handbook provides that a copy will be
issued to each detainee upon intake,151 but detainees indicated that they did not receive the
Handbook when they arrived at the facility.152 As indicated above, the Handbook also states that
staff will provide writing supplies to detainees,IS3 but one detainee indicated that supplies were
only available for purchase. 154
C. Recreation
The Standards require that all detainees have access to recreational programs and
activities, under conditions of security and safety. Iss Detainees should be housed in facilities with
outdoor recreation; and "all new or renegotiated contracts and IGSAs will stipulate that [ICE]
142 Detention Operations Manual, Detainee Services, Standard 4, SectionIII.I.
143 Detention Operations Manual, Security and Control, Standard 5, Section III.A.5.
I44Detention Operations Manual, Security and Control, Standard 5, Section III.A.5.
145 Detention Operations Manual, Detainee Services, Standard 15, Section III.B.3.
146 Detention Operations Manual, Detainee Services, Standard 6, Section III.G.
147 RCC Detainee Handbook, "Rights and Responsibilities," pp. 13-14.
148RCC Detainee Handbook, pp. 5, 6, 7, 9, and 10.
149 Notes of delegation
on conversation with Compliance/Quality Assurance Officer

"WFM

Otes of delegation membe

154 Notes of delegation
155 Detention Operations

on conversations with Programs Manager

conversation with detainee
Standard 13, Section 1.

:"terVlce,~.

12

detainees have access to an outdoor recreation area.". 156 If a facility only provides indoor
recreation, detainees must have access for at least one hour per day, including exposure to natural
light. 157 Detainees should have access to "fixed and movable equipment," including opportunities
for cardiovascular exercise, and games and television in dayrootriS. 158 Under no circumstances
will a facility require detainees to forego law library privileges for recreation privileges. 159
RCC does not fully meet this section of the Standards: detainees only have access to
a recreation room with natural light for one hour every other day. RCC has two types of
indoor recreation rooms, but no outdoor recreation is provided. 160 One of the indoor recreation
rooms is an indoor room with no exposure to natural sunlight. I 6I Detainees are only permitted to
play handball and there is no exercise equipment. 162 The set schedule for use of this recreation
room is one hour every other day for each pod or unit. 163 The other indoor recreation has
exposure to natural sunlight; 164 however, detainees are only given one hour of recreation every
other day in the recreation room with exposure to natural sunlight. 165 The dayrooms that the
delegation saw did not have natural sunlight. 166
Detainees are also provided with a recreation room referred to as a dayroom. 167
Dayrooms are common rooms for the detainees where they are able to socialize, watch television,
and play board games. 168 The size and amenities of the dayrooms depend on the classification of
169
the detainees housed in a given Pod.
None of the recreation rooms provide equipment for
muscular or cardiovascular exercise. 170
D. Access to Medical Care
The Standards require that all detainees have access to medical services that promote
detainee health and general well-being. l7l Each facility is required to have regularly scheduled
times, known as sick call, when medical personnel are available to see detainees who have
requested medical services. I72 Facilities must also have procedures in place to provide
emergency medical care for detainees who require it. 173 With respect to emergency care, the
Standards state that in a situation in which a detention officer is uncertain whether a detainee
requires emergency medical care, the officer should immediately contact a health care provider or
an on-duty supervisor.174 If a detainee is diagnosed as having a medical or psychiatric condition

156 Detention Operations Manual, Detainee Services, Standard 13, Section ill.A.
157 Detention Operations Manual, Detainee Services, Standard 13, Section ill.B.
158 Detention Operations Manual, Detainee Services, Standard 13, Section ill.G.
159 Detention Operations
Detainee Services, Standard 13, Section
160Notes of delegation
conversation with W
161 Observations of delegation
162Notes of delegation
163 Notes of delegation
164 Observations of delegation
165 Notes of delegation mem
with
166 Observations of delegation
167Notes of delegation
168Notes of delegation
169Notes of delegation mem
170 Observations of delegation
171 Detention Operations Manual,
2, Section I.
172 Detention Operations Manual, Health Services, Standard 2, Section ill.F.
173 Detention Operations Manual, Health Services, Standard 2, Section ill.A, D, and G.
174 Detention Operations Manual, Health Services, Standard 2, Section ill.H.

13

requiring special attention (e.g., special diet), the medical care provider is required to notify the
Officer in Charge in writing. 175
.

It is unclear whether RCC fully meets this section ofthe Standards; according to
detainees, requests for treatment are not answered or requested care is delayed. The facility
has 16 nurses on staff available 24 hours a day; a physician assistant is available in the clinic
Monday through Friday; a doctor is on-site on Tuesdays and Thursdays; a psychiatrist is available
one day a week; and a mental health therapist is available fifteen hours a week. 176 If there is a
need for an outside medical visit, officials at RCC first clear it with the staff doctor, and then the
contract health care provider will take the detainee to an outside medical provider. 177 The nearest
hospital is approximately 2 miles away.178 For mental health needs, the County Mental Health
Association has psychiatrists on call and a therapist is available 15 hours per week. 179
According to the Health Service
detainees at RCC
are screened for medical issues upon their initial processing.
Each detainee is questioned
regarding prior health history, current health, medical history, suicide risk, mental health, drug
and/or alcohol dependence, TB, dental health, and STD/communicable diseases. '81 If flags are
raised the individual is referred to medical for attention. 182 HIV is not routinely checked. 183
However, according to detainees, at their arrival they are not given. a health or dental screening;
they are asked a couple of questions and no more. 184
For non-English speaking detainees, there is staff to provide assistance. 185 The facility
also has access to the AT&T Language Line, to provide translation services. 186 According to
detainees, oftentimes they use other detainees to assist with medical requests. 187
According to facility personnel, detainees submit a Request for Health Care form and are
visited on their floor by a physician assistant the following day.188 However, detainees reported

ill.J.
conversation with Health Service

conversation with Health Service
conversation with Health Service
conversation with detaineesllll
:m~• • • • •~n conversation with Health Service

conversations with detainees
conversation with Health Service

14

•

that the response time can in fact take days, or even weeks. 139 One detainlee,
reported that it took four weeks to be seen by a doctor for pain and bleeding, and whenever she
had a medical complaint, the physician's
examine her, but merely told her that
from a fall from a top bunk bed,
she did not look sick. 190 Another
and was taken to UNM Emergency
to get
above her eye. 191 However, although
she has submitted request forms, she has been unable to get treatment for her back and shoulders
which have been causing her pain since the fall. 192 In addition, a breast implant also began to leak
and she did not receive care for that injury for 3 days. 193
194
The request slips are processed by the Pod officer at the time they are submitted.
In
addition, each Pod Officer's station has a general first aid kit. 195 There is no charge for the
services, and all requests are initially screened by a nurse. 196 Finally, with regard to detainee
medical records, HPL, as the service provider, handles, owns, and maintains all the detainee
medical records on site. 197 When a detainee is transferred to or from RCC, RCC medical staff
provide a medical summary that the detainee will take with them. '98
E. Access to Dental Care
The Standards suggest that detainees have an initial dental screening exam within 14 days
ofthe detainee's arrival and require the facility to provide a number of services, including
emergency dental treatment and repair of prosthetic appliances. 199 For detainees who are held in
detention for over six months, routine dental treatment may be provided, including amalgam and
composite restorations, prophylaxis, root canals, extractions, x-rays, the repair and adjustment of
prosthetic appliances and other procedures required to maintain the detainee's health.200
RCC does not fully meet this section of the Standards: the detainees do not receive
the initial dental screening exam as suggested under the Standards.201 If dental care is

on conversation with Health Service
on conversation with Health Service

conversations with detainlee;1

15

II

needed, the RCC has detainees submit a request.202 According to facility personnel, a dentist is
available on-site three days a week. 203

F. Detainee Classification System
The Standards require that detention facilities use a classification system and physically
separate detainees into different categories. 204 Detainees must be assigned to the least restrictive
housing unit consistent with facility safety and security.2oS A detainee's classification is to be
determined on "objective" criteria, including criminal offenses, escape attempts, institutional
disciplinary history, violent incidents, etc. 206 Opinions, unconfirmed and unverified information,
and physical characteristics and appearance are not to be taken into account. 207 Classification is
required in order to separate detainees with no or minimal criminal records from detainees with
serious criminal records. 208 Detainees with a history of assaultive or combative behavior are not
to be housed with non-assaultive detainees. 209 All facility classification systems shall allow
classification levels to be re-determined and include procedures by which new arrivals can appeal
their classification levels.2lO 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.211

RCC does not fully meet this Section of the Standards: the Handbook does not
include the information required by the Standards, and RCC staff representation of the
manner in which detainees are classified differed substantially from the classification
information provided by one detainee, who said all classification levels are housed together.
All detainees are classified when they first arrive at the facility, as quickly and efficiently as
possible given the manpower and resources that RCC has available at the time.212 RCC classifies
detainees into three categories, minimum security (detainee is given a blue band), medium
security (detainee is given an orange band), and maximum security (detainee is given a red
band).213 RCC policy apparently does not allow minimum security and maximum security
detainees to be housed together?14 However, according to one detainee, in actuality all three
categories of detainees are housed together. 215 However, in her experience there have riot been
any problems as a result of the mixing of the categories?16 RCC does allow a detainee to appeal
their classification, and according to facility staff detainees are told how to make an appeal. 217
conversations with detainee1la
conversation with conversation with Health Service
Detention Operations Manual, Detainee Services. Standard 4, Section I.
205 Detention Operations Manual, Detainee Services. Standard 4, Section III.F.
206 Detention Operations Manual, Detainee Services. Standard 4, Section III.D.
207 Detention Operations Manual, Detainee Services. Standard 4, Section III.D.
208 Detention Operations Manual, Detainee Services. Standard 4, Section III.A & lITE.
209 Detention Operations Manual, Detainee Services. Staridard 4, Section III.F.
210 Detention Operations Manual, Detainee Services. Standard 4, Section III.G & III.H.
211 Detention Operations
Standard 4, Section III.!
212Notes of delegation
conversation with Programs Manager
213 Notes of
conversation with Compliance/Quality Assurance
204

16

However, this infonnation is not in the RCC Detainee Handbook, as required by the Standard. 218
According to facility staff, RCC has never had anyone contest their classification.219 However,
one detainee, who was classified as a maximum security risk based on a criminal offense of
possession of drug paraphernalia, did voice her concern to the correctional officers; was told not
to worry about it, that no attention is given to detainee classifications, and therefore it doesn't
really matter how a detainee is classified. 22o According to this detainee, other detainees who had
criminal records consisting of violent crimes were classified as a minimum security risk.22 1
The RCC Detainee Handbook does not provide any explanation of the classification
levels, with the conditionS or restrictions applicable to each level, or include the procedures for
appealing a classification, in violation of the Standards. 222

G. 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. 223 Translating assistance for
both formal and informal grievances must be provided upon request. 224 The Standards also
require that each facility establish a reasonable time limit for: (1) "processing, investigating, and
responding to grievances;" (2) "convening a grievance committee to review formal complaints;"
and (3) "providing written responses to detainees who filed formal grievances, including the basis
for the decision.,,225 All grievances must receive supervisory review, include guarantees against
226
reprisal, and allow for appeals.
The detainee handbook must provide information regarding the
grievance policy and procesS.227

RCC does not fully meet this section of the Standards: there is no grievance
committee and the detainee handbook description ofthe grievance process is inadequate.
RCC does not have a grievance committee, but instead has one officer assigned to be the
grievance officer, among other duties.22S That officer investigates each grievance and responds to
the detainee as soon as possible.229 Detainees can appeal that officer's decision to the programs
manager, and then appeal her decision to the warden. 230 The RCC Detainee Handbook mentions
informal resolution of a grievance,231 but staff are not trained regarding any informal grievance

218 RCC Detainee Handbook,
219Notes of delegation
221 Notes of delegation Tnf'mhf'T
222 RCC Detainee Handbook, p.
223 Detention Operations Manual, Detainee Services, Standard 5, Sections I & m.A.
224 Detention Operations Manual, Detainee Services, Standard 5, Sections m.A.l & 2.
225 Detention Operations Manual, Detainee Services, Standard 5, Section I.
226 Detention Operations Manual, Detainee Services, Standard 5, Sections I & m.c & D.
227 Detention Operations
Standard 5, Sections m.G.
228Notes of delegation
conversations with
229Notes of delegation
230 Notes of delegation
231 RCC Detainee Handbook,

17

process; instead staff are told to refer detainees to a supervisor if they have a complaint. 232
Detainees are provided with forms to fill out to file a written grievance.233
The RCC Detainee Handbook outlines the grievance policy and describes subjects that
are not grievable, but it does not provide any information about the procedure for filing a
grievance or appeal, or any information about a right to appeal.234 Instead, it refers to the "initial
intake orientation packet.,,235 One detainee reported that she did not know that there was a
grievance procedure available. 236 Other detainees reported that it takes about two to three weeks
237
for grievances to be addressed.

H. Disciplinary Policy
The Standards state that facility authorities "will impose disciplinary sanctions on any
detainee whose behavior is not in compliance with facility rules andprocedures" in order "to
provide a safe and orderly living environment.,,238 Each facility holding ICE detainees must have
a detainee disciplinary system which has "progressive levels of reviews, appeals, procedures, and
documentation procedures.,,239 The disciplinary policy must clearly define detainee rights and
responsibilities, and any disciplinary action taken must not be capricious or retaliatory.24o The
following sanctions may not be imposed: "corporal punishment; deviations from normal food
services; deprivation of clothing, bedding, or items of personal hygiene; deprivation of
correspondence privileges; or deprivation of physical exercise unless such activity creates an
unsafe condition.,,241 Officers who witness a prohibited act must prepare and submit an incident
report.242 The Standards provide that all incident reports filed by officers must be investigated
within twenty-four hours of the incident. 243 The Detainee Handbook must notify detainees of the
disciplinary process, the prohibited acts and disciplinary severity scale, and the procedure for
appeals. 244 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. 245

RCC does not meet this section of the Standards: the Handbook does not include
required information. the Handbook does not notify the detainees of the disciplinary process,
the prohibited acts and disciplinary severity scale, and the appeal procedure of disciplinary
findings?46 It only refers the reader to pages that currently do not exist. 247 In addition, the
conversation with Warden
conversations with aetamees
RCC Detainee Handbook, p. 10.
235 RCC Detainee Handbook,
236Notes of delegation
237

conversation with
conversations with .."," .. '"'_~

)pelrati ons Manual, Security and Control, Standard 5, Section I.
239 Detention Operations Mariual, Security and Control, Standard 5, Section ill.A.I.
240 Detention Operations Manual, Security and Control, Standard 5, Section ill.A.I & 2.
241 Detention Operations Manual, Security and Control, Standard 5, Section ill.A.3.
242 Detention Operations Manual, Security and Control, Standard 5, Section ill.B.
243 Detention Operations Manual, Security and Control, Standard 5, Section ill.B & C.
244Detention Operations Manual, Security and Control, Standard 5, Section ill.L.
245 Detention Operations Manual, Security and Control, Standard 5, Section ill.A.5.
246 RCC Detainee Handbook, p. 9.
.
247 RCC Detainee Handbook, p. 9.
1

18

Handbook does not notify detainees of the facility's rules of conduct and the sanctions imposed
for the violation of these rules?48

I.

Special Management Unit

The Standards suggest that each facility establish a Special Management Unit (SMU) that
will isolate certain detainees from the general population. 249 The Standards for Administrative
and for Disciplinary Segregation differ somewhat from one another, but both provide for legal
access and other protections. A detainee may be placed in disciplinary segregation only by order
of the Institutional Disciplinary Committee, after a hearing in which the detainee has been found
to have committed a prohibited act.250 Recreation shall be provided to detainees in segregation in
accordance with the "Recreation" standard. 2s1 Access to the law library shall generally be
granted to detainees in segregation.252 Detainees generally retain visiting privileges while in
disciplinary segregation, and may not be denied legal visitation.253 Detainees in administrative
segregation generally have the same telephone privileges as other detainees,254 while detainees in
disciplinary segregation shall be restricted to telephone calls for calls relating to the detainee's
immigration case or other legal matters, calls to consular/embassy officials, and family
emergencies.255 Detainees in segregation shall have the same correspondence privileges as
detainees in the general population. 256
RCC appears to meet this section of the Standards. According to facility staff, all
efforts are made to comply with the standards for detainees in SMU.257 Detainees in
administrative segregation are generally allowed the same privileges as those in general
population: telephone privileges, recreation privileges, personal hygiene privileges?58 However,
no detainees in administrative segregation were interviewed. Detainees who are placed in
disciplinary segregation first receive a hearing; the Deputy Warden then reviews the disciplinary
decision of the disciplinary hearing officer and notes his non-concurrence, concurrence, or
concurrence with modifications. 259

J. Religious Practices
The Standard require that detainees "of different religious beliefs be provided with
reasonable and equitable opportunities to participate in the practices of their respective faiths.,,26o
"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
248 RCC Detainee Handbook, p. 9.
249 Detention Operations Manual, Security and Control, Standard 14, Section I.
250Detention Operations Manual, Security and Control, Standard 14, Section ill.A.
251 Detention Operations Manual, Security and Control, Standard 13, Section ill.D.S, and Standard 14,
Section ill.D.l3.
252 Detention Operations Manual, Security and Control, Standard 13, Section ill.D.1S, and Standard 14,
Section ill.D.lS.e.
253 Detention Operations Manual, Security and Control, Standard 13, Section ill.D.l3 & 14, and Standard
14, Section ill.D.17.
254Detention Operations Manual, Security and Control, Standard 13, Section llI.D.l6.
255 Detention Operations Manual, Security and Control, Standard 14, Section ill.D.l9.
256 Detention Operations Manual, Security and Control, Standard 13, Section ill.D.20, and Standard 14,
Section ill.D.1B.
257Notes of delegation member
on conversations with Compliance/Quality Assurance Officer
delegation member
259Notes of delegation member
260 Detention Operations

conversation with Deputy
on conversation with Deputy
Standard 14, Section I.

19

other such factors.,,26! Opportunities will be constrained only by concerns about safety, security,
the facility's orderly operation, or extraordinary costs associated with a specific practice.262
Moreover, the facility "will implement procedures for accommodating, within reason, detainees'
religious dietary requirements.'.263 Detainees in segregation must also be permitted to participate
in religious practices, consistent with safety, security and orderly operation of the facility.264

It is unclear if RCC meets this section of the Standards; facility staff stated they
make religious accommodations, but a detainee indicated that she has been
practice her religion. Specifically, RCC Compliance/Quality Assurance Officer
to the delegation in a general briefing that the facility "excelled" in providing a fl,,!'PT.,:nv
religious practices. 265 According to O f f i c e . , . the facility's chaplain has recruited
numerous volunteers from the community to proVloe Jewish, Mormon, Muslim and Native
American services.',266 He also stated that there have been no complaints. 267 Detainees stated
that the facility provides access to Catholic services and an English-language Bible.268 However,
one detainee from Israel stated that she had no access to a Rabbi or to a Bible in her native
Hebrew language.269
Food Service S
that the facility accommodates dietary restrictions,
's visit, seven detainees had requested and were
and, specifically, that at time of
being provided Kosher meals.27o RCC officials stated that the facility permitted detainees to keep
their religious artifacts and had approved requests to maintain rosaries, prayer rugs, and prayer
beads in the housing units. 271

K. 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.',272 Participation must be
voluntary, and detainees may not work more than eight hours per day, and 40 hours per week.273
RCC does not fully meet this section of the Standards: not all detainees are
provided an opportunity to work in the facility should they choose to do SO.274 Those
detainees who are pennitted to work may only work up to 5 hours per week, because the type of

261 Detention Operations Manual, Detainee Services, Standard 14, Section I.
262 Detention Operations Manual, Detainee Services, Standard 14, Section I.
263 Detention Operations Manual, Detainee Services, Standard 14, Section III. M.
264 Detention Operations
14, Section III. O.
265
conversation with Compliance/Quality Assurance
conversation with Compliance/Quality Assurance
conversation with Compliance/Quality Assurance
conversations with detainees .WW,Mand
270 Notes of delegation
27lNotes of delegation
272 Detention Operations
273 Detention Operations
274 Notes of delegation

conversation with Food
conversation with Programs Manager
Standard 37, Sections I & III.A.
Standard 37 Sections III.A & H.
conversation with Programs Manager

20

work available is limited.275 Detainees may work in custodial work.
compensated for their work at the rate of one dollar per day.277

276

Detainees are

L. Detainee Transfer
When transferring a detainee, the Standards require ICE to consider whether a detainee is
represented before the immigration court, location of the attorney and the COurt.278 ICE "shall
notify a detainee's legal representative of record that the detainee is being transferred.,,279
Indigent detainees are permitted one domestic telephone call at government expense upon arrival
at their fmal destination; non-indigent detainees make telephone calls at their own expense?80
Reeordsincluding the detainee's Alien file and health records (or transfer summary for IGSAs)
must accompany the detainee. 281 Prior to transfer, medical personnel must provide transporting
officers with instructions and any applicable medications for detainee's care; medications must be
turned over to an officer at the receiving office. 282 A detainee's legal materials, cash, and small
valuables shall always accompany the detainee to the receiving facility; larger items may be
shipped?83 Transferring officers must provide meals and snacks during any long-distance
transfer that exceeds six hours?84

The RCC does not meet this Standard: RCC does not advise attorneys of detainee
transfers, and indigent detainees are not permitted one free domestic phone call on arrival
at the facility. In addition, two detainees did not receive food or drinks for more than two
days during their transfer and lengthy processing at the facility. RCC does not advise
detainee attorneys of transfer, but instead expects the detainee to do so upon arrival at the
subsequent facility.285 Indigent detainees are not permitted a domestic phone call upon arrival at
RCC. 286 Two non-indigent detainees stated that they had no access to telephones upon arrival;
when they were allowed to use the phones on the following day, the phone system malfunctioned,
and lines were constantly busy, such that these detainees were unable to advise family members
of transfer in a timely manner. 287 RCC personnel confirmed that a medical summary
accompanies the transferee to and from the facility, along with three days of medical
..
288
prescnptlons.
Two women told the delegation members that they had gone for more than two days
without food or drinks during a transfer from California to RCC; the trip took about two days,
during which they were not fed, and they were only fed at RCC after all of the transferred men
with Programs Manager
conversation with Programs Manager
conversation with Programs Manager
Operations Manual, Security and Control, Standard 4, Section I.
Operations Manual, Security and Control, Standard 4, Section III.A.
280 Detention Operations Manual, Security and Control, Standard 4, Section IILG...
281 Detention Operations Manual, Security and Control, Standard 4, Section ill.D.l and ill.D.6.
282 Detention Operations Manual, Security and Control, Standard 4, Section ill.D.6.3.D [sic],
283 Detention Operations Manual, Security and COlitrol, Standard 4, Section ill.E.
284 Detention Operations Manual, Security and Control, Standard 4, Section m.H.
285Notes of delegation
conversation with
286Notes of delegation
conversation with U""~ll","
287 Notes of delegation
conversation with oetam,ees
LlC'LClll.1Ull

279 Detention

briefing by Health Service Administrato_

21

had been cleared and they were processed, which took about half a day.289 RCC should provide
food and drinks upon arrival, particularly for detainees who have been in transit for long periods.
These two women also stated that officers gave them ice but no other liquid during the transfer
and processing at RCC; in addition, they were housed in extremely cold conditions without
blankets during the transfer (they believe this stop took place in Arizona).290 Another woman told
the delegation that she waited about a day to be processed upon her arrival at RCC, because
approximately 60-100 men were processed frrst. 291

V. CONCLUSION
RCC does not fully meet many of the ICE Detention Standards that the delegation
reviewed.
The delegation understands that the RCC is currently rewriting its detainee handbook292
and, if the new handbook confonns to the Standards, this will address some of the areas in which
ICE fails to meet Standards. As noted above, there are currently deficiencies in areas including
correspondence, grievances, classification, disciplinary policy, rights, and communication with
ICE staff.
To provide adequate telephone access to detainees, RCC must ensure that detainees can
place free, direct calls to pro bono legal services providers and consulates. All telephones should
be in working order and telephone calls should not be arbitrarily cut off after 10 or 15 minutes.
RCC should provide privacy for legal calls. Detainees in segregation should be given appropriate
telephone access.
To support detainees' access to legal materials and legal representation, RCC must
acquire the required legal materials and provide detainees with supplies and a place to work on
legal matters. Detainees must be allowed to assist each other with legal research. In addition,
RCC should ensure that all detainees with access to group legal rights presentations and to a
videotaped rights presentation.
RCC should ensure greater access to recreational facilities and to natural light.
RCC should ensure that appropriate medical screenings and dental screening exams are
perfonned during intake.
RCC must establish a grievance policy that confonns with the ICE Detention Standards,
including establishing an infonnal grievance process and timetables for responding to grievances,
and articulating the procedures in the Handbook.
RCC must put in place appropriate classification procedures and notify detainees of the
classification system and their right to appeal their classification.

conversation with

deti~im:el

conversation with u"",",,,,,,,

conversation with ,-,vU'jJU'U''''"''

22

As~mraillce

Officer

RCC must notify legal representatives when they transfer detainees, and provide one free
domestic telephone call to indigent detainees who are transferred to the facility.
RCC should ensure that transferred detainees are provided with food and water upon their
arrival at the facility, particularly if they have been traveling long distances.

23

Facility Name: REGIONAL CORRECTIONAL
Date of Tour: April 12, 2007
Tour Participants: Attorneys and law students lIlcluumg
*Standards are Detainee Services Standards unless otherwise indicated Standards excerpts are typed verbatim. Issues are generally listed in their order from the Report.
Report comments in bold are priority issues for ICE-ABA discussion.
ICE Standard*
1. I Standard 17, Visitation
• ill.H. The facility's written rules shall specify time limits
for visits: 30 minutes minimum, under normal conditions.
... [ICE] encourages more generous limits when possible,
especially for family members traveling significant
distances to visit.
2. I Standard 16, Telephone Access
• I. Facilities holding [ICE] detainees shall permit them
to have reasonable and equitable access to telephones.
• III.A. The facility shall provide detainees with
reasonable access to telephones during established
facility waking hours ....
• III.D. The facility shall maintain detainee telephones in
proper working order. Appropriate facility staff shall
inspect the telephones regularly ... promptly report outof-order telephones to the repair service, and ensure
that required repairs are completed quickly.
• III.B. [T]he facility shall provide telephone access rules
in writing to each detainee upon admittance, and also
shall post these rules where detainees may easily see
them ..
3. I Standard 16, Telephone Access
• III.E.... [T]he facility shall permit the detainee to
make direct .calls: 1. to the local immigration court and
the Board ofImmigration Appeals; ... 3. to consular
officials; 4. to legal service providers ... The facility
shall not require indigent detainees to pay for [legal,
court-related, consular, emergency calls] if they are
local calls, nor for non-local calls if there is a
compelling need. The facility shall enable all detainees
to make calls to the [ICE]-provided list offree legal
service providers and consulates at no charge to the
detainee or

Delegation Report

•

A detainee was permitted 2 visits of 30 minutes
each with a family member who traveled from New
Jersey to New Mexico. No special accommodation
was made. (p.4 ~2)

•

The telephones that were tested were inoperable.
A detainee explained that the telephones often do
not work for up to 3 days in a row. The detainee
had a family emergency and needed to find her
missing teenage son but couldn't use the phone
for days. (p.4 ~4)
Telephone usage rules and instructions' are not
posted next to the phones. (p.S ~1)

Delegation
observations; Detainee

The delegation attempted to call the Mexican
Consulate, the El Paso Immigration Court, and
legal service provider Las Americas but the calls
did not connect. (p.S ~3)
Detainees stated that they are unable to make
free telephone calls. (p.S ~3)

Delegation
observations

•

•
•

Delegation
observations

8/17/2007

ABA Commission on Immigration - Detention Standards Implementation Initiative

1

4. I Standard 16, Telephone Access
• I1I.F. The facility shall not restrict the number of calls
a detainee places to hislher legal representative, nor
limit the duration of such calls by rule or automatic
cut-off, unless necessary for security purposes or to
maintain orderly and fair access to telephones. If time
limits are necessary for such calls, they shall be no
shorter tban 20 minutes, and the detainee shall be
allowed to continue the call if desired, at the first
available opportunity. The facility may place
reasonable restrictions on the hours, frequency and
duration of the other direct and/or free calls listed
above [i.e., "otber" than calls to detainee's legal

•

One detainee stated that all telephone calls she
tried to make had been automatically
disconnected in the middle of a conversation of
no more than 15 minutes; another detainee
stated that she was unable to make a call for
longer than 10 minutes without being
disconnected. (p.5 ~5)

5. I Standard 16, Telephone Access
.. IIU. 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. Facility staff shall not electronically monitor
detainee telephone calls on their legal matters, absent a
court order.
6. I Standard 16, Telephone Access
• III.G. Staff shall permit detainees in the Special
Management Unit for disciplinary reasons to make
direct and/or free calls .... Staff shall permit detainees
in Special Management Unit for other than
disciplinary reasons ... to have telephone access similar
to detainees in the general population ....
Security and Control Standard 14 (Disciplinary
Segregation)
• ITI.D.19. [DJetainees in disciplinary segregation shall
be restricted to telephone calls for the following
purposes: a. calls relating to the detainee's
immigration case or other legal matters ... ; b. caIls to
consular/embassyofficials; and c. family emergencies

•

Detainees are not able to make private telephone
calls because the phones where detainees make
outgoing calls are all located in the public dayrooms
with no privacy safeguards. Telephones are out in
the open and there are no partitions. (p.6 ~I)
Two detainees stated that their calls are
disconnected when they talk about the conditions at
the facility. (p.6~l)

•
•

The phone numbers oflocal consulates are in a
notebook by each phone or bank of phones in the
facility, but in the special management unit there
are no notebooks of consular numbers available
to detainees. (p.5 ~3, p.7 ~1)

Delegation
observations

8/17/2007

ABA Commission on Immigration - Detention Standards Implementation Initiative

2

7. I Standard 1, Access to Legal Material
I. Facilities holding [ICE] 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.
• 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 contain a
sufficient number of tables and chairs in a well-lit
room, reasonably isolated from noisy areas.
• III.B. Equipment. The law library shall provide an
adequate number of typewriters and/or computers,
writing implements, paper and office supplies to
enable detainees to prepare documents for legal
proceedings. The facility shall designate an employee
with responsibility to inspect the equipment at least
weekly and ensure that it is in good working order,
and to stock sufficient supplies.
• I1I.N. The facility will provide indigent detainees with
free envelopes and stamps for mail related to a legal
matter ...
8. Standard 1, Access to Legal Material
• III.G. The facility shall ... permit all detainees,
regardless of housing or classification, to use the law
library on a regular basis. Each detainee shall be
permitted to use the law library for a minimum of five
5 hours erweek ....
9. I Standard 1, Access to Legal Material
• III.e. The law library shall contain the materials listed
in Attachment A.
• III.L.... [d]etainees who wish to pursue a legal claim
related to their immigration proceedings or detention
and indicate difficulty with the legal materials must be
pr()Vided with more than access to a set of Englishlaw books.

I·

The facility does not have a regular law library;
rather, it has a mobile library on a cart which is
rotated among Pods. (p.7,6)

I•

The Pods don't have any tables or chairs on
which to work. (p.7'6)

•

I•

The mobile library consists of one computer with
a CD-ROM of legal materials. (p.7 ,6, p.8 '2)

Aside from the computer, the library cart has no
other supplies. (p.8 '4)

•

One detainee reported that she could only access
the "library for a couple of hours per week. (p.7
'4)

•

One detainee reported that when she attempted
to use the LexisNexis CD-ROM and clicked on
the computer link, the CD-ROM would not open.
(p.8,2)
Materials are only available in English. (p.8 '2)

•

I observations;
Delegation
Programs!VIanager

I Delegation

observations

I Delegation
observations;
;c'lIg!;ilW~ Manager

I Delegation

observations

"

ABA Commission on Immigration - Detention Standards Implementation Initiative

8/17/2007

3

Standard 1, Access to Legal Material
III.K. Tbe facility sball permit detainees to assist otber
detainees in researcbing and preparing legal
documents upon request ....
Standard 1, Access to Legal Material
III.Q. Tbe detainee handbook ... shall provide
detainees with the rules and procedures governing
access to legal materials, including... 4. the procedure
fore requesting additional time in the law library
f"'~,,~~..1 the 5 hours uer week
Standard 9, Group Presentations on Legal Rigbts
• III.C. At least 48 hours before a scheduled
presentation, informational posters ... sball be
prominently displayed in housing units, and eacb
bousing unit control officer will hold a sign-up sheet.
.. , Presentations are open to all detainees ... except
wben a particular detainee's attendance would pose a
security risk.... The OIC may limit the number of
detainees at a single session.
• III.I. Videotaped presentations. The facility sball play
[ICEJ-approved videotaped presentations on legal
rights, at the request of outside organizations .... Tbe
facility sball provide regular opportunities for
detainees in the general population to view tbe
Standard 3, Correspondence and Other Mail
• I. All facilities will ensure that detainees send and receive
in a timelv manner.

Detainees are specifically probibited from using
tbe law library cart to assist otber detainees. (p.9

'4)

•

Tbe RCC detainee handbook does not specify the
procedures for requesting additional time using
the library cart. (p.9 '6)

•

Tbe facility does not display informational
posters prior to tbe presentations, and detainees
do not have the opportunity to sign up for tbe
presentations. According to RCC personnel, the
presenters do not provide enougb notice to RCC
to make that possible. (p.10 '1)
Detainees do not have an opportunity to view a
videotaped legal rights presentation because the
facility has not yet obtained the ICE-approved
videotaped presentation. (p.10 '1)

•

The delivery of mail to family members is severely
delayed and can take up to two weeks or more.

8/17/2007

ABA Commission on Immigration - Detention Standards Implementation Initiative

4

14J Standard 3, Correspondence and Other Mail
• III.B. The facility shall notify detainees of its policy in
correspondence and other mail through the detainee
handbook or equivalent •.• [and] shall specify: 1. That
a detainee may receive mail, ... and instructions on
how envelopes should be addressed; ... 4. That
[incoming] special correspondence may only be opened
in the detainee's presence, and may.be inspected for
contraband, but not read; ... 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. The
notification shall clearly state that it is the detainee's
responsibility to inform senders of special mail of the
labeling requirement. ... 7. A description of mail
.which may be rejected by the facility and which
detainee will not be permitted to keep in his/her
possession .... The notification will state that identity
documents, such as passports, birth certificates, etc.,
are contraband .... 8. How to obtain writing
implements, paper, and envelopes; and 9. The
procedure for purchasing postage (if any), and the
rules for providing indigent and certain other
. detainees free postage ....
• III.F. Inspection of Outgoing Correspondence and
Other Mail. Outgoing special correspondence will not
be opened, inspected, or read.
15.1 Standard 6, Detainee Handbook
• 1. Every OlC will develop a site-specific detainee
handbook to serve as an overview of ... the detention
policies, rules, and procedures in effect at the facility. The
handbook will also describe the services, programs, and
opportunities available; ... Every detainee will receive a
copy ofthls handbook upon admission to the facility.
III.D. The handbook will ... list and classify prohibited
actions/behavior, along with disciplinary procedures and
sanctions. This section will include grievance and appeals
.
rocedures.

I •

I •

I •

The detainee handbook notification does not
I Detainee Handbook
provide the following information as required: 1)
"the definition of special correspondence,
including instructions on the proper labeling for
special correspondence ... [and a] state[ment]
that it is the detainee's responsibility to inform
senders of special mail of the labeling
requirement"; 2) the fact that identity
documents, such as passports and birth
certificates, are contraband and may be rejected
by the facility; 3) instructions about "how to
obtain writIng implements, paper, and
.
envelopes"; and 4) "the procedure for
purchasing postage (if any), and the rules for
providing indigent and certain other detainees
free postage." (p.ll ~2)
The handbook states that outgoing packages will I Detainee Handbook
be inspected for contraband, without addressing
any separate procedures for outgoing legal mail.
(p.ll ~2)

Detainees indicated that they did not receive the
Handbook when they arrived at the facility. (p.12
~3)

I •

The RCC Detainee Handbook does not include
adequate information regarding correspondence (see
above), the grievance process, the classification
system, or disciplinary policy (see below). (p.12
~2) However, the delegation was told the
Handbook is being revised. (p.12 ~2)

8/17/2007

ABA Commission on Immigration - Detention Standards Implementation Initiative

5

[Detainee Handbook, continued)
Security and Control Standard. 5, Disciplinary Policy
• III.A.5~ ... [T)he 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 in accordance with written
(nrnvirl ..iI in the handboo
(Detainee Handbook, continued)
Standard 15, Staff-Detainee Communication.
• III.B... , The handbook shall state that the detainee
has the opportunity to submit written questions,
requests, or concerns to ICE staff and the procedures
for doing so, including the availability of assistance in
the
18.1 Standard 13, Recreation
• IILA.3. All new or renegotiated contracts and IGSAs will
stipulate that [ICE] detainees have access to an outdoor
recreation area.
• IILB.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.

•

The handbook does not advise detainees oftheir
"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.12 '2)

RCC Detainee
Handbook, "Rights
and Responsibilities"

•

The handbook does not address procedures for
communicating with ICE staff. (p.12 '2)

Detainee Handbook

•
•

No outdoor recreation is provided. (p.13 ~2)
Detainees are only given I hour of recreation every
other day in the recreation room with exposure to
natural sunlight. (p.13 ~2) The other indoor
recreation rooms has no exposure to natural
sunlight, and the set schedule for using this room is
1 hour every other day for each podor unit. (p.13

Warden

~2)

•

The dayrooms the delegation saw did not have
natural

-

Delegation
observations; Warden

Delegation observations

811712007

ABA Commission on Immigration - Detention Standards Implementation Initiative

6

Health Services Standard 2, Medical Care
• 1. All detainees shall have access to medical services that
promote detainee health and general well-being.
• lILA. Every facility will provide its detainee population
with initial medical screening, cost-effective primary
medical care, and emergency care.
•
III.D. All new arrivals shall receive initial medical and
mental health screening immediately upon their arrival...
• IILE. Dental Treatment. An initial dental screening exam
should be performed within 14 days of the detainee's
arrival.
•
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 bv the medical facility in a timelv manner ....
20.1 Standard 4, Detainee Classification System
IlL!. The detainee handbook's section on classification
•
will include ... I. [a]n 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.

21.1 Standard 4, Detainee Classification System
• TILE. All facilities shall ensure that detainees are housed
according to their classification level.
III.E.I. Levell Classification. a. May not be housed with
Level 3 Detainees. b. May not include any detainee with a
felony conviction that included an act of physical
Standard 5, Detainee Grievance Procedures
•
1. Every facility will develop and implement standard
operating procedures (SOP) that address detainee
grievances.
III.G. Detainee Handbook. . .. The grievance section of
the detainee handbook will provide notice of the
following: ... 2. the procedures for filing a grievance and

•

•

•

I •

The detainees reported that they do not receive an
initial medical screening or dental screening exam,
but rather were simply asked a couple of questions.
(p.14 ~3; p.15 ~4)
Detainees reported that the response time to a
request for health care can take days or weeks.
(p.14 ~5) Detainee Andrade reported that it took 4
weeks to be seen by a doctor for pain and bleeding.
In addition, whenever she had a medical complaint,
the physician's assistant did not examine her, but
merely told her that she did not look sick. Detainee
Flores reported that although she submitted request
forms, she was unable to get treatment for pain from
her back and shoulders caused by falling from her
top bunk bed. In addition, a breast implant began to
leak and she did not receive care for that injury for 3
.15
The detainee handbook does not explain the
classification levels, or the conditions or restrictions
applicable to each level, or include the procedures
for appealing a classification. (p.17 ~2)
One detainee who was classified as a maximum
security risk based on possession of paraph em alia
voiced her concem to correctional officers about her
classification, but was told that no attention is given
to detainee
According to one detainee all three categories of
detainees are housed together (p.16 ~3), and
detainees who had criminal records consisting of
violent crimes were classified as a minimum
security risk. (p.17 ~l)

The facility does not have a grievance committee,
but instead has one officer assigned to be the
grievance officer, among other duties. (p.17 ~4)
The handbook outlines the grievance policy and
describes subjects that are not grievable, but it does
not provide any information about procedures for
filing a grievance or appeal. (p.1S 12)

I Detainee Handbook

I Detainee Handbook

S/17/2007

ABA Commission on Immigration - Detention Standards Implementation Initiative

7

Security and Control Standard 5, Disciplinary Policy
• llLA.5. The detainee handbook or equivalent, issued to
each detainee upon admittance, shall provide notice of the
facility's rules of conduct, and of the sanctions imposed
for violations of the rules.
• Ill.L. The detainee handbook ... shall notify detainees of
the following: 1. The disciplinary process; 2. The
prohibited acts and disciplinary severity scale; 3. The
for
Standard 14, Religious Practices
• I. Detainees of different religious beliefs will be provided
reasonable and equitable opportunities to participate in the
practices oftheir respective faiths.
• llI.K Detainees shall have access to personal religious
with
Standar.d 18, Voluntary Work Program
• 1. Every facility with a work program will provide
detainees the opportunity to work and earn money.
• Ill. Detainees who are physically and mentally able to
work will be provided the opportunity to participate in any
vnlllnt",",T work
Security and Control Standard 4, Detainee Transfers
• I. In deciding whether to transfer a detainee, ICE will
take into consideration whether the detainee is
represented before the immigration court.
• III.A.1. ICE shall notify the detainee's representative
of record that the detainee is being transferred •...
• III.G. Indigent detainees being transferred will be
authorized a single domestic phone call at the
Government's expense upon arrival at their final
destination. Non-indigent detainees shall have access
to make calls at their own expense pursuant to the
Telephone Access Detention Standard.
• UI.H.2. Food During Transfer. During transfers, •••
the transporting officers will provide meals and snacks
during any long-distance transfer that exceeds six
hours.

•

•

The handbook does not notify detainees of the
facility's rules of conduct and the sanctions imposed
for violation of the rules. (p.19 '\11)
The handbook does not notify detainees of the
disciplinary process, the prohibited acts and
disciplinary severity scale, and the appeal procedure
of disciplinary findings. (p.18 '\14)

•

One detainee from Israel stated that she had no
access to a Rabbi or to a Bible in her native Hebrew
language. (p.20 '\12)

•

Not all detainees are provided an opportunity to
work in the facility should they choose to do so.
(p.20 '\15)

I Detainee Handbook
I Detainee Handbook·

•

The facility does not advise detainees' attorneys
of their transfer. (p.2l ~3)
• Indigent detainees are not permitted Ii domestic
phone call upon arrival at the facility. (p.2l ~3)
• Two non-indigent detainees stated they had no
access to telephones when they arrived. When
they did have access on the next day the phone
system malfunctioned, the lines were busy, and
they were unable to advise family members of
transfer in a timely manner. (poll ~3)
• Two women went for more than two days
without food or drinks during a transfer from
California to RCC; the trip took about two days,
during which they were not fed, and they were
only fed at RCC after an additional half a day,
. once all of the transferred men had been

8117/2007

ABA Commission on Immigration - Detention Standards Implementation Initiative

8

Regional Correctional Center
Albuquerque, New Mexico .

Detainee Handbook

This book is the property of a US. Government Contract Detention Facility and must be returned upon release from this facility

RCC

Issued: 08-19-05
Revised: 00-00-00

REGIONAL CORRECTIONAL CENTER

(Cornell Companies t Inc.)·
U.S. IMMIGRATION AND CUSTOM ENFORCEMENT
CONTRACT DETENTION FACILITY
DETAINEE HANDBOOK
TABLE OF CONTENTS

IntroductioniMission/Purpose
Mailing Address
Basic Detainee Responsibilities
Initial Admission
Classification
Living Conditions
Evacuation Drills
Official Counts
Meals
Smoking Policy
Medical Care
Clothing Exchange
Personal Hygiene
Barbering Services
Sleeping Area/Sanitation
Finances
Telephones Access
Religious Services
Vending Machines
Detainee Work Program (Voluntary)
Library
Law Library
Typewriter andlor Computers
Visitation
Attorney Visitation
Group Legal Presentations
Inspection of Persons and Property
(Shakedowns)
Correspondence (Mail)
Detaihee DisciplineIProhibited Acts
Grievance Procedures
Sick Call
Recreation
Dress Code
Clothing
NotiC'e To Those Persons Under Exclusion
Or Removal Proceedings
Contraband
Unau~thorized Property
A-File
Detainee Detention File
I

Detainee Rights and Responsibilities

INT~ODUCTION
MISSION
The .Regional Correctional Center (ReC) is a contract U.S. Immigration and Custom Enforcement (ICE)
detention facility. The mission of RCC is to provide a facility that is safe, clean, and sanitary for detainees
waiting ·processing of their administrative hearing.
PURPOSE
The purpose ofihis handbook is to explain to detainees the specific rules, regulations, policies
and procedures that must be followed while in custody at this facility. The handbook will also
help provide you with a general overview of the programs, rules and regulations and services of
the Facility. You will be held accountable for your actions while in custody at this facility.
Therefore, it is each detainee's responsibility to become familiar with the contents of this handbook.
A copy of this handbook will be issued to each detainee upon intake and certain sections are posted
on the bulletin boards in each housing unit and other bulletin boards througho:ut the facility.
AU detainees are required to acknowledge, by signature, receipt of the handbook.
MAILIN~

ADDRESS
Your name:
----------~------Your A-No.: _ __ , _ - - - - 415 RomaNW
Albu9uerque, NM 87102
BASIC DETAINEE RESPONSIBILITIES

It is the policy of Immigration & Customs Enforcement to treat detainees with dignity and
respect while maintaining a safe, secure, and sanitary detention facility. It is expected that staff
will receive your full cooperation while you are waiting the processing of your case. In the
simpiest terms, you are expected to:
1. Follow and obey rules, Jaws, policies, and procedures .
.' 2. Obey all orders as given by staff members and contract security personnel.
3. Respect staff and other detainees at all times .
..,. 4. Respect government property and the property of others.
5. Keep yourself, your clothing, and living area clean at all times.
6. Obey all safety, security, and sanitation rules, policies, arid procedures.
If you observe and comply with the above guidelines, you should have no problems while living
at ~s facility awaiting the outcome of your hearing. When addressing staff, you should not
refer to them by first name, or a nickname created by others, refer to uniformed staff by their
ranlUmd last name (i.e., Officer Mendoza, Lt. Perez, etc.).
.
Refer to non-uniformed staffby title and last name (i.e., Dr. Jones, Nurse Clark) or by Mr., Mrs.,
Ms., foll()wed by their last name. Staff members will address you in the same manner if they
know your name. It is unreasonable to expect an officer to know all detainees within a facility
by name. However; the officer ot staff member will address you in an appropriate manner.
.

.

INITIAL ADMISSION
A. Upon arrival, your clothes, personal property, valuables and funds will be retained by the
processing officer for safekeeping. Itemized receipts will be issued to you for all
clothing, personal property, valuables and fhnds. It is important that you retain these
1.

receipts to claim your property, funds and valuables, when you are released.
Identity documents, such as passports, birth certificates, etc., will be inventoried, then
given to a deportation officer for placement in your A-file.
B. While at this facility you are permitted to retain:
~. See RCC Detainee Handbook pg 23
The personal items retained must be stored in your locker. No item is to be attached to
the bunk, wall, windows or left on windowsills. Detainees are responsible for the loss of
personal items not safeguarded or stored by the Service.
C. Your initial issue of clothes shall be limited to:
2 sets browns
2 t-shirts
2 pair underwear
2 pair socks
1 pair blue shoes
1 pair sandals
E. Your issue of personal hygiene items are:
Toilet paper
Deodorant
Toothpaste
. Toothbrush
Comb
Shampoo
Soap

F. Your housing officer will provide writing material, pencils and envelopes for your
personal use. lrik pens are not authorized.
G. Ordinarily, a medical examination will be conducted by a member of the US Public
Health Service, within 14 days of your arrival.
H. To have service issued personal hygiene items replaced, you must request replacement
items from your housing officer.
CLASSIFICATION
All detainees are classified upon arrival, before being admitted into the general population .. The
classification system will ensure that you are placed in the appropriate category and physically
separated from detainees in other categories. You will be housed, recreated and fed according to
other detainees in your classification.
{Insert Classification Process and Appeal Procedures]

LIVING CONDITIONS
Detainees are required to keep their assigned living areas dean at all times. Your bed must be
made' imnlediately· upon waki,ng and remain made when not in use. You are· not permitted to lie
on you bunk with shoes o'n or while fuily clothed. It is in your best interest to maintain a clean
living area and avoid many of the problems associated with unsanitary living conditions.
{Insert Description of the Facility to Include Housing Ullus/Day Rooms In-Dorm Activities,
Special Management Unitsj.
Administrative Detention is intended for detainees with special housing requirements, such as:
.. 1. Pending investigationlhearing ofprohibited.act(s);
2. Medical observation;
3. Pending a transfer or release within 24 hours;
3

'.

4. ·Security risk; OT,
5. Protective custody.
Discfplinary Segregation is a special housing unit for detainees who:
1. Is a serious disruption in general population;
2. Require additional physical confines; or,
3. Have received a sanction by the Institutional Disciplinary Panel.
(See RCC Detainee HandbookJ]

EVACUATION DRiLLS
Per local, state and federal laws, we are required to perfonn evacuation drills. At this facility, we
perfonn no less than one drill per month. These drills are not designed to inconvenience you, but rather to
insure that you know where the exits are located in case of an actual danger such as; a fire, gas leak, civil
disaster or other dangers. In your housing unit is a diagram showing you the location Of all fire exits and which
exits to use. Study this diagram, located in your housing unit, carefully, your life may depend on it.

OFFICIAL COUNTS

.

In order to maintain proper accountability of detainees at this facility, official counts are conducted at the
following times:
0000 hrs.
0200 hrs.
0400 hrs.
0700hrs.
1100 hrs.
1615 hrs.
2200 hrs.
During all formal counts no movement or talking is permitted. Disruptions during counts may
result'in a lock:.down beiI1g initiated.

MEALS
All ~eals are nutritionally balanced, dietician approved, properly prepared and attractively served in
wholesome, clean and safe surroundings. The use offood, i.e., withholding of, or variation from the standard
menu, as a disciplinary measure orreward is prohibited. Special diets as required for medical reasons or .
adherence to religious dietary law are provided by the Food Service Department upon receipt of a special diet
cru·d. You will be issued an appropriate eating utensil(s) and napkin. The utensil(s) must be accounted for at
meals end. Meal times and menus are posted on the bulletin board in your unit.

MEAL SCHEDULE:
Meals will be served to the inmate population at the following times:
Breakfast
Lunch
Supper

6:30AM to 7:30AM
il:30AM to 12:301' M
4:30PM to 5:30PM

SMOKING POLICY
Smohlng is prohibited in all buiidings, including detainee-housing units, at this facility. If
pennitted, the only designated smoking areas are outside of all bUildings.
4

[See RCC Detainee Handbook pg. 13J
MEDICAL CARE
The United States Public Health Service or contract medical staff provides medical care. If you
are ill or in need of medical attention you must first sign up for Sick CalL (See Sick Call
Section). If it is after Sick Call hours, you must notify your Housing Unit Officer, who will
contact the on~call medical staff member.
CLOTIDNG EXCHANGE
Clothing 'exchange~ for male and female detainees, will be made on a one for one basis according
to the following schedule:
.
.
1. Outer gannents shall be exchanged tWice a week, one for one with maximum time
between changes being 72 hours.
2. Socks, underwear and towels shall be exchanged daily on a one for one basis.
3. Sheets and pillowcases shall be exchanged weekly.
4. All Food Service detainee volunteer workers shall be required to exchange outer
, garments (whites) daily.
5. All other volunteer workers may exchange outer gannents when necessary.
.'

In order to insure an adequate supply of clothing for all detainees, the hoarding of clothing is
prohibited. Generally, detainees are not permitted to wash clothing, bedding or tennis shoes or
other items in their living unit, unless washing machines and clothes dryers are available.
[Sec(RCC Detainee Handbook pg. 25J
PERSONAL HYGIENE
You Will be living in a dormitory with other individuals, so personal hygiene is essential. You
are e;;{pected to bathe regularly and to keep your hair clean. Personal hygiene items for both
male and female detainees, such as, soap, toothpaste, toothbrushes, combs, hairbrushes, and
other items will be issued to you upon admission. If you should run out of an item, see your
housing officer. Special personal and hygienic items for female detainees will be available
upon request to the housing officer.
Disposable razors will be provided on a daily basis. Razors will be checked out on an as needed
basis and returned when you have finished shaving. Disposable razors will not be used by more
than <;me (1) detainee; this is for health and safety reasons meant to protect the detainees and staff.
Detainees attending court will be afforded the opportunity to shave before reporting to court.
BARBERING SERVICE
Free barbering services win be located in specified designated area and will be available during the hours of
opeI1\tion of the Recreation Center. For sanitary reasons, the cutting of hair in the pods is strictly prohibited. It is
also prohibited to possess cut hair or clippings, either your own or others.
: Barber Hours available Monday - Friday by sign up
SLEEPING AREA/SANITATION
You are required to keep your bed and immediate area clean and neat. You are also required to make your bed
daily before reporting for your work assignment or when you begin your daily routine. When your bed is not in
use it must be made! The hanging of sheets, towels, blankets or clothing from railing, overhead lights or beds
is no~ permitted. Special considerations or devices will be made to provide for wet towels. Personal effects, to
include hygiene items are to be stored in your property box. Do not place items. on windowsills, windows,
b~, under a mattress, etc. These items will be confiscated and removed from the area when left in
5

unauthorized areas. It will be your responsibility to identify and reclaim the items through the appropriate shift
sUPervisor.
FINANCES
OccaSionally you may wish to send money to your family. You are cautioned not to send cash through the mail.
To sy'p.d money; contact the Business Office and he/she will make arrangements to purchase a money order that
you tau-send. If you receive monies or property in the mail, the officer, in your presence, will receipt the money
or property for you and it
be placed in your account.
[Se~"lCC De~ainee Handbook pg. 27, i8J

will

.

"

ACCESS TO TELEPHON:E '
[See RCC Detainee Handbook pg. 35,36J
Telephones are provided in the following areas for your use:
[All pods, Soulh Tower and North UnitsJ
When telephone demand is high you are expected to limit your phone calls to 15 minutes to permit others the
same. telephone privileges. The telephones are available for your use all week with the exception of lockdown
times..
{SeeRCC Detainee Handbook pg. 35,36J
'
In case of an emergency, such as illne~s or death in your family, the Shift Supervisor or your Case Manager can
assist you in making telephone calls when access to telephones would not normally be available. Routine
telephone calls to attorneys are not considered to be emergencies.
RELIGIOUS SERVICES
All detainees shall have access to religious resources, services, instruction and counseling on a voluntary basis.
All detainees shall be extended the greatest amount of freedom and opportunity for pursuing any legitimate
religious belief or practice within the constraints of security and safety considerations. The religious schedule is
posted in your housing unit.
[Chaplain R. Deckwerth,' See Mr. Deck werth for schedule ojreligious and educatiollal programsJ

VENDING MACHINES OR COMMISSARY
{Con,imissary slips are to be completed and turned in Sunday evening. Commissary will be delivered on
WednesdayJ
VOLUNTARY WORK PROGRAM'
Every effort will be made to provide you an opportunity to participate in the voluntary work program. Wages
are $1.00 per day, this does not mean per work assignment. Ordinarily you will not be permitted to work in
excess of eight (8) hours daily, or 40 hours weekly unless a request is made to and approved by the Deputy
Warden. In addition, you shall be required to sign a voluntary work program statement and receive necessary
training. Detainees that participate in the volunteer work program are required to work according to an assigned
work'schedule and unexcused absences from work or unsatisfactory work performance could result in removal
from the voluntary work program.
{Requests for work may be submitted to YOIl.r Case Manager.J
LIBRARY
The library at this facility is mobile with a limited library collection of paperback books and other approved
publications. The needs, interests and abilities of the majority of detainees is carefully considered and the
library colleCtion developed accordingly. The designated RCC staff member or detainee librarian can assist you.
It is important that you take care of the books and return them timely so other detainees have the opportunity to
read and enjoy them.
IIns~rt Library Location and Hours ojOperlltion]:

6

LAW LIBRARY
The schedule for use is posted in all housing units. Self-help material will be provided and made available to all
detainees for their use for research or preparation of their defense. Due to the number of detainees housed here
you are not permitted to use the Law Library for the purpose of assisting other detainees in their case. We have
a designated Law Librarian who will assist with the research. The Law Library is mobile, pertinent research
items are on CD ROM.

[See'RCC,Detainee Handbook.
Management Units}

The Law Library is mobile and available

UPOIJ

request for Special

TYPEWRiTER AND COMPUTERS
A word processing program will be made 'available on the mobile Law Library for preparation of legal
documents ONLY. The program is not to be used for personal correspondence.
VISITATION
Any disruptive conduct by either party will result in the termination of the visit and may have an adverse affect
on future visits. If your visitor(s) bring children [17 years of age or under] they are expected to remain under the
. direct supervision of the adult visitor(s) so they will not disturb others who have visitor(s). Visitors must be in
appropriate and socially accepted attire. If there are more visitors than can be accommodated in the visiting
room, it may be necessary to limit visits to lesser periods oftime. You are not allowed to accept any item from a
visitor unless approved by appropriate supervisory personnel before hand. You should discourage your visitors
from bringing large quantities of hand carried parcels or other items, to include packages.' The visitor(s) may be
required to leave such items in a locker or their vehicle. All of your visitors and any hand held item(s) are
subject to a search.

[THE FOLLOWING IS PROVIDED TO YOUR VISITORS. THIS INCLUDES THE VISITING
HOURS]
VISITOR INFORMATION:
WelcOme to the Regional Correctional Center. The following information pertains to inmate visitation and is provided so
that aU visitors may be made aware of our policies regarding inmate visitation.

VISITATION ·SCHEDULE:
General Visitation Hours Wednesday, Thursday, Saturday and Sunday
Segre:gation Inmates Visitation Hours Fridays

8:00 AM - 2:30 PM
8:00 AM - 2:30PM

Visito,rs must sign ill prior to 2:30PM in order to be permitted visitation. Visits will not be split into increments
less than the one-bour. No more than two adults and two children are allowed to visit an inmate at any given time.
Exce~tions will require prior approval in writing by, the Warden or Director of Programs.

Booking: Inmates who initially arrive to the Booking area are not permitted visitation until they are properly
classified. The classification process may take lip to 48 hours, at whicb time the inmate is assigned to a Housing
.

lli~

General Population: Inmates housed in General Population are permitted two one hour visits per week. An inmate
may not receive more than one visit per day. A visitor may visit once per day.
Administrative Inmates: Inmates honsed in Administrative Segregation are permitted one (1) hour visit per week. If
it is deemed that the inmate poses a tbreat to the security of the facility, these visits may be suspended at the
discretion of the Warden or Director of Programs.
1

Medical: Inmates ho.used in the medical unit will no.t be permitted visitatio.n due to. observation re'quirements.

ENTRY INTO FACILITY:
Visito.rs entering the RegiO'nal Correctional Center are subject to. search while o.n Cornell Companies, Inc.
property; This search may be conducted at the discretion of the Warden, Ditector of Programs, Chief of Security,
O'r Shift Captain if it is deemed that a visito.r PO'ses, a threat to. the safety and security of the facility by PO'ssibly
intro.ducing cO'ntraband into. the facility. Visitors under the influence of alcoho.l o.r drugs will nO't be permitted to.
visit. ,It is a federal offense to introduce narco.tics, weapons or contraband into a place of confinement. The proper Law
Enfo.rcement Agency will prosecute all violators.
Visitors .entering the facility will be required to clear the metal detector prior to. entry. All visitors should leave all
personal belongings in their vehicle, with the'exception o.f their keys and identification. Hats, jackets, glo.ves, keys and
. any other items not approved by the Front ~eception Officer will be secured in the visitor's lockers available in the lobby.
Personal property will not be permitted into the visitation area. For security purposes, no personal property will be left
unattended in the lobby areas. Visitors will be required to. sign into the facility and again sign out upon departure.
Visitors will not park in Official Parking or designated handicap without the handicap emblem. Visitors are not allo.wed
to approach the facility windows. Visitors who are ex-inmates of the Regional Correctional Center will not be permitted
visita~io.n privileges for six mo.nths following their release from the RCC.
"

VISITOR DRESS CODE:
Visitors will not be permitted to enter the facility visiting areas wearing hats, jackets, shorts, tank tops, tops exposing the
midriff area, extremely tight or short dresses or skirts, open sandals, clothing promoting gang activity, o.r drug
paraphernalia, or any other clo.thing which the Shift Co.mmander deems as inappropriate fo.r visitation in a correctio.nal
facility. Failure to adhere to the Dress Code will result in cancellation of the visit.
Small Children: Visitors with small children will be allO'wed to. carry 2 diapers, one baby blanket and one plastic
baby ',bottle tbe visiting area. Infant carriers and diaper bags are not allowed. Visito.rs with small children are
responsible for the actions of the children. Running and unruly bebaviorwill nO't be permitted and could result in
the terminatio.n ofthe visit.
.

to

" MO:N"'EY ORDERS:
Money Orders will be accepted Monday through Friday between the hours of8:00 am and 4:00 pm. They must include:
Name and Address of Sender'
Inmate's Name and Detention Number
Inmate's Housing Unit Assignment
RULES OF CONDUCT:
All v~sito.rs will adhere to the rules of co.nduct. There will be no smoking, eating or drinking in the visitation areas.
Visitors are required to. supervise their children. Those visitors who. disrupt the regular visitatio.n process may be ~ubject
to. termination of visitation privileges at the discretion o.f the Warden, Director of Programs, Chief of Securi1y~ Shift
Captain or Duty Officer. Visitors will treat staff with courtesy and respect when entering the facility. Visitors will
observe all areas off limits. Visitors who engage in conduct, which is deemed inappropriate, will be subject to termi:natio.n
or indefinite suspension of visiting privileges at the discretio.n ofthe Warden, Director of Programs or Chief of Security.

ATTORNEY VISITS
Legal representatives or paralegals may visit detainees between the hours established by the Warden or
Designee, seven (7) days a week. If necessary, you will be given the option to meet with your legal
representative during meal hours and you will be provided with a menu tray or sack meal.

J

'

8

A list of pro bono (free) legal organizations will be posted in all detainee housing areas and other appropriate
areas. This list 'shall be updated qQarterly. If you wish to see a representative or paralegal from that
orgruiization, it is your responsibility to contact them for an appointment.
[Located in all pods and in day room]
If you have made an appointment to meet with an attorney, legal representative or paralegal from an
organization, legal firm, or other association or company, it is your responsibility to cancel the appointment if·
you do not intend to keep the appointment. Appointment cancellations will not be accomplished on your behalf
by, or through an officer or another de~ee.
GRQUP LEGAL RIGHTS PRESENTATIONS
At tUneS, notifications will be posted to announce Group Legal Rights presentations. A sign-up sheet win be
made available in each housing unit and you will be given the opportunity to attend. Presentations are open to
all detainees, regardless of the presenter's intended audience, except when a particular detainee's attendance
would pose a security risk. Detainees in segregation will be allowed to attend if security is not compromised. If
it becomes necessary, presentations may be made to individuals in segregation, pending agreement with the
presenter and security can be maintained. If a detainee in segregation cannot attend for this reason, and both
he/she and the presenter(s) so request, alternative arrangements shall be made.
{Insert Group Legal Rights Presentations Schedule and Sign up ProceduresJ
INSPECTIONS OF PERSONS AND PROPERTY
You are subject to a search upon admission into the facility and when there is reasonable cause to believe you
may have contraband concealed on your person. Searches are routine requirements when entering the housing
units:.or when leaving the visiting area after a visit. Routine unscheduled searches of the facility, detainee's
persons and property will be conducted as deemed necessary. There are occasions when random searches will
be conducted as they enter or leave a building or area. All searches .are used as a means of interdicting
contraband and ensuring safe and sanitary conditions exist within the facility. Searches are not punitive in
nature.
[See RCC Detainee Handbook pg. 26J
CORRESPONDENCE
You may send or receive mail to or from anyone you know personally. You may seal your outgoing letters and
give them to your housing officer or place it in a provided receptacle. Drawing on the front of your outgoing
envelopes is prohibited due to postal regulation. If you receive incoming social and legal mail it will be opened
in your presence to inspect for contraband. If you do not accept the letter or permit the letter to be inspected, in
your presence, it will be returned to the sender. Your letter )vill not be read, it will only be inspected for
contraband.
.
You will not be allowed to receive or send packages without advance arrangements, approved by the Warden or
his designee. The postage for sending packages and oversized or overweight mail will be paid by you. The
contents of all incoming or outgoing packages will be inspected in the detainee's presence. When you depart the
facility, your incoming mail will be sent to your forwarding address.
If you do not provide a forwarding address, your mail will be endorsed, "No Forwarding Address~ Return to
Sender". All such mail will be returned to the Post Office.
{See RCC Detainee Handbook pg. 31-35J
DETAINEE DISCIPLINE:
In a "facility where many. individuals live together in a relatively small amount of space, it is extremely
important that order and discipline be maintained. Discipline and order are not only for the benefit of the staff,
but also for the safety and welfare of you and all other detainees. While many problems can be solved
informally through counseling, disciplinary measures must occasionally be imposed.
{See RCC Detainee Handbook pg. 9-22 and pg. 41-49J
9

GruEVANCEPROCEDURE
No harassment, punishment, or disciplinary action will result to a detainee who seeks'resolution of legitimate
complaints in good faith. However; if you demonstrate a pattern of abuse of the grievance system, resulting in
unnecessary burdens' at the expense of legitimate complaints, such grievances will be returned unprocessed.
Continued abuse may result in an adverse action initiated against you. A copy of your grievance will be
maintained in your detention file for a period of three years.
GRIEVANCE POLICY:
It is the policy of the, Regional Correctional Center to resolve an grievances though an established
grievance procedure in a timely and meaningful way. Inmates will be adequately informed of the
grievance procedure, which will be available for their review. Grievances shall be thoroughly
investigated and documented. Residents shall not be subject to retaliation, reprisal or disciplinary action
for their use of the grievance procedure. Employees engaging in reprisals against inmates for good faith
use of the grievance prQcedure shall be subject to disciplinary action.
I

Grievances shall be resolved at the lowest level, when at an possible.

GREivANCE PROCEDURE:
Accessibility: Each iIimatc will be entitled to initiate the grievance process regardless of any
disciplinary, classification, or other administrative or legislative decision to which the inmate may be
subject to. This procedure will be made accessible to all inmates, to include those impaired and
handicapped. Copies of the procedure will be included in the initial intake Orientation Packet and can
also be located in the inmate law library.
Informal Resolution: It is the Regional Correctional Center's policy to resolve all grievances
at the lowest level possible. All grievances will be processed through the steps that are identified
through this procedure.
The following subjects are not grievable by detainees:
a.
Any matter for which RCC has no control, Le., parole decisions, sentencing, tort
Claims, and state statute regulations regarding inmate compensation.
b.
Matters involving loss of mail by the United States Postal Service.
c.
Any matters involving Disciplinary Hearing findings. These findings will be
appealed through the appropriate procedure.
d.
Complaints on behalf of other inmates or group grievances.
e.
llbe subject of any prior grievance in which a final detennination has been made,
or which is currently being reviewed in the grievance process.
3.

If a grievance is found to be of a non-grievablesubject matter, the decision may be
appealed through the remaining levels of the grievance procedure. All grievances and
appeals will be processed through the Grievance Officer/Coordinator.

4.

It is Re~ional Correctional Center's policy to process all grievances in a timely manner.

SICK CALL
Sick call at this facility is provided to all detainees from the time of admission to the time of release in OJder to
provide continuous medical care.
{See RCC Detainee Handboo~ pg. 29J

10

RECREATION FACILITIES
Insert ree schedule
A. In-dorm recreational facilities
The following rules apply for television viewing:

1. Channel selections are mandated and monitored according to a posted
schedule. Television programming is the responsibility of the Recreation
Specialist. To en~e rairness to all detainees, the Recreation Specialist
.. will post a sports viewing and a special programming schedule on a
2. Televisions will be turned off during official counts, cleaning of housing
areas and when it will interfere with other facility operations.

3. Volume of television shall be kept at a reasonable level so as to not disturb
other detainees or ot.her facility operations.
As previously stated, the schedule shall be strictly adhered to and no deviation is permitted unless
authorized by the Recreation Specialist. Any requests for special scheduling shall be forwarded to the
Recreation Specialist's office for consideration. Recording of special programming or programs may be
accomplished by submitting a written request to the Recreation Specialist for consideration. You are cautioned
not to begin viewing a program that will end after the designated viewing hours, because the television will be
turned off at the designated time (usually 10:00 pm but will be established by the Chief Detention Enforcement
Officer).
[Insert description and hours of operation/or recreational activities available in
housing unit, i.e., day room.]
B. Access To Outside Recreation
All detainees, weather and physical layout permitting will be provided, at a minimum, one hour of outdoor
recreation per day, five (5) days per week.
[Insert procedures, schedule, activities and rules and regulations/or outdoor recreation.]
DETAINEE DRESS CODE
Detainees are required to keep themselves clean, wear proper clothing/footwear during all activities. Detainees
are reminded that poor hygiene, pOor sanitation and not wearing proper clothing and footwear can cause
potential conflict with your peers and others and can h~\Ve negative impact upon the health and safety of
your~elf and others. Failure to comply with the dress code and grooming standards will ultimately become an
issue', that requires staff intervention in the form of appropriate disciplinary action to correct the situation. A.
Ordinarily; detainees may wear any hairstyle with the following exceptions:
: 1. For safety and hygiene reasons, kitchen workers and detainee workers
operating machinery will keep their hair in a neat, clean and commonly
acceptable style.
. 2. The hairstyle will not interfere with the safety and hygiene requirements.
3: ALL kitchen workers will wear a haimet when working in the kitchen.

B. oidinarily, fllcial hair may be grown without restriction with the following
exceptions;

.

1. For safety reasons detainee workers operating machinery may not be
authorized to wear facial hair and ,are expected to be clean shaven at all .
times while performing the above described functions.
11

2. These restrictions are a requirement for emp)oymentin the above
described work assignments and acceptance of the job denotes acceptance
of the grooming standards for the above described work assignments.
3. There will be no exceptions to this requirement including medical
reasons.
CLOTHING
The ~asic uniform for detainees shall be distinctive in appearance as to identify the detainee according to his/her
security level. In INS and contract facilities, the basic uniform is Blue, Red and Orange.
1. Blue unifonns and wristbands - Levell detainees.
2. Orange uniforms and wri~tbands - Level 2 detainees.
3. Red uniforms and wristbands - Level 3 detainees.
4. White uniforms will be the work uniform for kitchen workers only. In the
housing units the kitchen workers will wear the appropriate color uniform.
All issued clothing shall be worn as specified in the following instructions and in no other
manner. These requirements are essential to ensure compliance of Security, Hygiene, and
Conduct within the realm of propriety for all people.
1. Clothing must be clean and not torn when worn.
2. Only kitchen workers will be authorized to wear white uniforms.
3. The wearing of mixed colors is not authorized for outer gannents.
In addition:
1. Undergarments may be worn without outer garments only while inside the sleeping quarters
or the restrooms. NO EXCEPTIONS!
2. Shower shoes may be worn only inside the housing unit.
3. Shoes will be worn at all times when outside the housing units.
4. Hats or other head covers will not be authorized for the general population. Workers will be issued the
proper head cover when required and will be worn only while performing work related duties.
5. Detainees will wear a complete uniform (shirt, pants, shoes) at all times while in the dining hall,
medical, court, and during religious services and all visitations.
6. Pants will be worn at a point about the waist that prevents the crease of the buttocks from showing,
.
despite the length of the shirt.
7. Detainees are not to walk about the faciJity with their hands inside waistband of pants regardless of
weather conditions.
.
8. No article of clothing will be worn in a manner not nonnally intended for that item (using a shirt as a
head band or head cover, etc.).
9. Detainees may wear the T-shirts and sweatsuits in their respective pods only.

CONTRABAND
Items, which are considered to be a detriment to the safe and orderly operation of the facility, are prohibited.
Contraband items include but are not limited to:
a. Any dangerous drug, narcotic drug, marijuana, intoxicating liquor of any kind, deadly wea.pons,
dangerous instruments, explosives or any other article that, if used or possessed, would endanger the
.
preservation of order in the facility.
b. Any item which could be used as an aide to escape.
c. Any item which could be used to disguise or alter the appearance of a detainee.
d. Any article of clothing or item for personal use or consumption which has not been
cleared
first
through the OIC or purchased by a detainee fromthe vending machines.

12

: e. Cameras, video, audio, or related equipment that can be used to make unauthorized
or audio, or audio/video recordings of detainees, staff, or government
property.

photographs

SEE DETAINEE HADBOOK FOR ADDITIONAL CONTRABAND ITEMS.
UNAUTHORIZED PROPERTY
Items not inherently illegal, which are considered contraband when, possessed by a detainee or visitor within
the facility including but not limited to: Any approved item which, though approved, is in excess of the quantity
allowed.

LEGAL FILE
An Immigration legal record commonly called an "A" file maintained by the Deportation Department for each
individual. This "A" file contains your legal transactions and documentation pertaining to your case; including
but not limited to identification cards, photos, passports and immigration history.
DETENTION FILE
A detention record is maintained for each individual. This detention record shall include no less than the
following:
1. Facility Disciplinary Action
2. Behavior Reports
3. Funds, Valuables and Property Receipts
4 .. Detainee's Written Request, Complaints and Issues
5. Inimigration Responses to the aforementioned
6. Special Housing Unit Records

RIGHTS AND RESPONSIBILITIES
1. You have the right to be in informed of the rules, procedures and schedules concerning the operation of the
facility.
You have the responsihility to know and ahide by them
2. You have the right to freedom of religious affiliation, and voluntary religious worship.

You have the responsibility to recognize and respect the rights of others in this regard
3. You have the right to health care which includes nutritious meals, proper bedding and clothing, a laundry
sche4:u1e for cleanliness of the same, an opportunity to shower regularly, proper ventilation for warmth and
fresh air, a regular exercise period, toilet articles and medical treatment.

It is your responsibility not to waste food, to follow the laundry and shower schedule, to maintain neat and
clean ·living quarters, and to seek medical care as needed
4. Yqu have the right to have family members and friends visit with you in keeping with the facility mles and
schedules ..
. It is your responsibility to conduct yourselfproperly during visits, and to not accept or pass contraband.
5. You have the right to unrestricted and confidential access to the courts by correspondence.

You have (he responsibility to present honestly andfairly your petitions, questions, and problems to the court.

6. You have the right to legal counsel from an attorney of your choice by means of interviews and
at no cost to the United States Government.

corr~spondence

It is your responsibility to obtain the services ofan attorney honestly andfairly.

7. You have the right to have access to reading material for your own enjoyment. These materials may include
approved magazines.
It isyour responsibility to seek and utilize such material for your personal benefit, without depriving others of
the same benefit.

8. You have the right to participate in the use of law library reference materials to assist you in resolving legal
problems You also have the right to receive help when it is available through a legal assistance program.
It is your responsibility 10 use those resources in keeping with the procedures and schedule prescribed and to
respect the rights of other detainees to the use of the material.

9. You have the right to a wide range of reading material for educational purposes and for your own enjoyment.
These materials may include magazines and newspapers sent from the publishers.
II is your responsibility to seek and utilize such material for personal benefit. without depriving others of their
equa~ rights to the use of this material.

10. You have the right to participate in a work program, as far as resources are available, and In keeping with
your Interests, needs and abilities.
You have the responsibility to take advantage of activities which may help you live a successful and abiding life
within the Facility and in the community. You will be expected to abide by the regulations governing the use of
such activities.

11. You have the right to an administrative hearing before an Immigration Judge to determine your status in the
United States.
It is your responsibility to seek and provide evidence for your defense

12. If you are not an exclusion case and eligible, you have the right to be released on bond until your scheduled
hearing.
.

admi~istrative

It is your responsibility to seek methods ofpayment for your bond

13. You have the right to apply for political asylum if you believe that you will be persecuted because of your
race, religion, nationality, membership in a social group or po1itical opinion.
It is your responsibility to prepare and submit the proper forms accurately

14. You have the right to request voluntary departure, if statutorily eligible, prior to a hearing but if you request
voluntary departure you waive that right to a hearing.
It is your responsibility to inform an INS Officer that you request voluntary departure.
14