MEMORANDUM

TO:

Anthony Tangeman, Director, Office of Detention and
Removal, Department of Homeland Security

FROM:

American Bar Association Delegation to St. Mary’s County Detention Center

DATE:

September 17, 2003

RE:

Report on Observations during a General Tour of St. Mary’s County Detention
Center in Leonardtown, Maryland

I.

Introduction

This memorandum summarizes and evaluates facts and findings gathered at St.
Mary’s County Detention Center in Leonardtown, Maryland (the “Facility”). The information
was gathered in the course of an observational tour of the Facility by the delegation, 1 including
interviews with six detainees and discussions with several senior Correctional Officers and other
managerial Facility staff, all of which took place on June 27, 2003.
In November 2000, the Immigration and Naturalization Service (“INS”)
collaborated with the American Bar Association to issue the Detention Operations Manual
containing a complete set of INS Detention Standards (the “Standards”) for implementation at all
immigration direct and contract facilities. 2 The thirty-six Standards, which took effect in
January 2001, establish comprehensive and uniform policies and procedures for the “safe, secure
and humane treatment of foreign nationals in INS custody.” The Standards encompass “a range
of issues including access to legal services, religious services, medical care, and recreation.” 3
Implementation of the Standards was to have been completed by January 2003 and is mandatory
for all BICE Service Processing Centers (“SPCs”), Contract Detention Facilities (“CDFs”), and
state and local government facilities (“IGSA facilities”) that house BICE detainees for more than
72 hours.
1

The delegation was comprised of Kirkland & Ellis LLP attorneys
b6
b6
b6
,
and
b6

2

On March 1, 2003, the INS was absorbed into the Department of Homeland Security (“DHS”). The Standards
remain in force under DHS. The immigration functions were divided among three bureaus within DHS: the
Bureau of Citizenship and Immigration Services (“BCIS”), the Bureau of Immigration and Customs
Enforcement (“BICE”), and the Bureau of Customs and Border Protection. Implementation of the Standards is
under the direct purview of BICE, which is responsible for detaining aliens who enter the United States illegally
or otherwise violate immigration laws and who are not otherwise released on bond or personal recognizance
pending disposition of their cases.

3

Attorney Guide (Introduction) at 2.

I:\Users\Libimmig\DSII\Delegation Reports and Summaries\2003 reports\st. mary's final.doc

b6

b6

b6

This memorandum discusses the extent to which the Facility has implemented the
Standards, with particular focus on the four legal access Standards, Visitation, Access to Legal
Material, and Telephone Access, as well as observations on relating to the following Standards
Admission and Release, Classification System, Recreation, Medical Care, Religious Practices,
Food Service, and Detainee Grievance Procedures,
II.

Facility Location and Detainee Population

The Facility is situated in Leonardtown, Maryland; a rural community located
about 55 miles south of Washington, D.C. The Facility’s BICE detainee capacity was 32 as of
June 27, 2003. 4 The BICE detainee population at the Facility on the date of our visit was 23
among a total inmate population of approximately 240. African and Caribbean countries of
origin are the most represented by the Facility’s detainee population. The Facility currently
houses men only. There is no housing by nationality. The Facility began taking in detainees for
short-term confinement in mid-2002; therefore, the Facility staff has only been operating under
the Standards for about one year.
All of the detainees at the Facility are criminal aliens who have served out their
sentences and are post-final order. Detainees arrive at the Facility from a number of sources,
primarily after serving sentences in state or federal correctional facilities in Maryland. None of
the detainees at the Facility are asylum seekers. 5 The average length of stay is four to five
months, with most detainees being deported and others being released on their own
recognizance.
III.

Facility Staff and Care of Detainees

There is a written policy about the use of force in the Supplement; however, the
detainees do not know the policy. The use of force policy is different for detainees from what it
is for regular inmates. All use of force incidents are documented and reviewed by a supervisor,
then by the deputy director, then by Lieutenant Commander b6, b7C
We were told that the K9 unit’s attack dogs and the pro-restraint chair are never used on detainees.
Lieutenant Commander b6, b7C stated that the Facility staff views the Standards
as a “floor,” and he maintained that he tries to exceed those Standards in his care of the
detainees. 6 In his words, the staff is “in charge of the care, custody, and control” of the
detainees. Lieutenant b6, b7C added that there are three items that detainees care most about:

4

b6, b7C
Subsequent to our visit, Lieutenant
clarified that the total BICE detainee capacity at the
Facility is 48, of which 32 beds are designated for minimum security detainees (Level One), eight beds are
designated for medium security detainees (Level Two), and another eight beds are designated for maximum
security detainees (Level Three). See also Section III of this memorandum.

5

b6, b7C
Notably, one detainee told us that he was seeking asylum. Interview with
June 27, 2003.
Another detainee indicated that he already was a U.S. citizen, but BCIS appealed the decision granting his
citizenship. Interview with
June 27, 2003.
b6, b7C

6

Two detainees indicated that the Facility was the “best place” in which they have been detained within the
BICE system.
interview; b6, b7C interview.
b6, b7C

2

food, communications, and property. The staff strives to fulfill these needs, and staff members
endeavor to show that they genuinely care about the detainees.
IV.

Observations of Implementation of Legal Access Standards
A.

Visitation
(1)

Visitation by Attorneys
a.

Visitation Hours

According to the Standards, a facility shall permit legal visitation seven days a
week for a minimum of eight hours on regular business days and four hours on weekends and
holidays. On regular business days, legal visitation may proceed through a scheduled meal
period, in which case the detainee shall receive a tray or sack meal after the visit.7
Neither the Inmate Guidebook nor the Supplement has any specified limitation on
legal visitation hours. Attorneys are permitted to visit their clients in the Facility “at any time
within reason by first checking with the Shift Supervisor.” 8 The Facility maintains a legal
visitation log to record all legal visitors. From our interviews with detainees, it does not appear
that the detainees have any issue with legal visitation hours.
Lieutenant b6, b7C indicated that the Facility would keep and reheat a meal for a
detainee who misses the scheduled meal period due to legal visitation.
b.

Identification of Legal Representatives

Pursuant to the Standards, attorneys without state bar cards can present other
available documentation demonstrating bar membership and legal assistants may present a letter
of authorization from their supervising attorneys to gain legal visitation with detainees. 9
The Form G-28 (Notice of Appearance) is not required as a prerequisite for legal
visitations. Interpreters and medical professionals can also visit the detainees upon presentation
b6, b7C
of appropriate identification. Mr.
, the BICE representative, indicated that BICE
is also able to provide interpretation through its New York office, which has access to
interpretation services on short notice.
c.

Search after Legal Visitation

The Standards require that written procedures will govern detainee searches and
that such procedures will be included in the detainee handbook upon admission to the facility. In
addition, general-population search procedures applicable to IGSA facilities will also apply to
BICE detainees. For Service Processing Centers (SPCs) and Contract Detention Facilities
7

Standards (Visitation) at 7.

8

Inmate Guidebook at 16, Section VIII,6.

9

Standards (Visitation) at 7-8.

3

(CDFs), the Standards provide that detainees returning from legal visitation be subject to patdown searches. Strip searches are permitted for detainees reasonably suspected of concealing
contraband. 10
The Inmate Guidebook contains written procedures for searches and
shakedowns. 11 It provides that a search may be conducted “any time a Correctional Officer has a
reasonable basis for conducting one.” This standard provides the Facility staff with a great deal
of discretion and could be subject to abuse.
During our visit, the detainees we interviewed were subject to pat-down searches
(or “frisk searches” in the parlance of the Inmate Guidebook). Lieutenant b6, b7C confirmed
that detainees who have contact visits with outsiders are generally subject to pat-down searches.
Strip searches are used only when the detainee is suspected of possessing contraband.
d.

Contact Information for Legal Services

The Standards require the Facility to post an official list of pro bono legal
organizations in detainee housing units and other appropriate areas.12 While we did not enter the
housing units, Lieutenant b6, b7C indicated where a current list of pro bono legal organizations
is posted. From our interviews with the detainees, it appears that the detainees are generally
aware of some legal organizations available to help them. However, several prisoners indicated
that pro bono legal help was not available or was not abundant enough for all detainees to take
advantage of such help. 13 Other detainees complained that certain legal organizations’ services
are not readily accessible, probably because of high demand, and asked us for recommendations.
One prisoner was helped to some extent by Catholic Charities Services. 14
e.

Visitation Room

The Standards require the provision of a private consultation room for meetings
between a detainee and his legal representative, without auditory supervision from the Facility
staff. Facility staff may, however, observe the meeting visually to the extent necessary to
maintain security. 15
The Facility has one small private meeting room for legal visitation purposes.
The room size is about 5 feet by 5 feet, and is furnished with two chairs and a small table. The
room would be cramped if the attorney coming to the meeting needs to bring an additional
person. The meeting room allows for visual privacy as the attorney inside the meeting room
can draw down an inside curtain to block the view from the outside.
10

Standards (Visitation) at 10.

11

Inmate Guidebook at 4, Section III,B.

12

Standards (Visitation) at 11.

13

b6, b7C

interview;

14

b6, b7C

interview.

15

b6, b7C

interview.

Standards (Visitation) at 9.

4

(2)

Visitation by Family and Friends
a.

Visitation Hours and Time Limits

The Standards specify that the facility shall permit visits during set hours on
weekends and holidays and make special accommodations for visitors for whom it is a hardship
to visit during those set hours. The permitted visitation time shall be for a minimum of 30
minutes. 16
Visitation hours are listed in the Inmate Guidebook and in the Supplement. 17 For
BICE detainees, visitation by family and friends is allowed on Sunday afternoon from 3 p.m. to 5
p.m. This schedule was confirmed by detainee Afeta who stated that he was told the only day for
visitation was Sunday. 18 Pursuant to the Inmate Guidebook, visits are limited to 10 minutes per
visitor, however, the Supplement clearly states that detainees shall be afforded 30 minutes per
visitor visitation. Lieutenant b6, b7C confirmed that the Supplement rule is followed for
detainees and that each visit is in actuality permitted to last at least 30 minutes. She added that
special visits can be arranged for visitors who cannot come during the set visitation hours.
The Inmate Guidebook provides that the second full week of each month is
designated as Special Visitation Week, during which an inmate may elect to have visits from two
of his minor children.
B.

Telephone Access

The Standards provide that detainees shall be able to make free calls through preprogrammed technology (or upon request) to consular offices, free legal service providers, local
courts and government offices, and to family members during times of family emergency. To
make a free call, the detainee must ask a Corrections Officer for assistance and the access should
be provided within eight waking hours. 19 Additionally, detainees at a BICE detention facility
should have access to telephones during waking hours and there should be one telephone per 25
detainees. 20 The standard is relaxed somewhat for facilities used through Intergovernmental
Service Agreements, but requires “similar access or INS should prepare to install the necessary
technology to facilitate preprogrammed calls.”
The telephones at the Facility were not equipped with pre-programmed
technology; however, we were informed by Mr. b6, b7C that such steps were being actively
pursued through Verizon PCS and that the Facility would be the first in Maryland to obtain the
system. Reportedly, any detainee who requests a free call -- whether to a consulate, free legal
service providers, local courts or government offices, or in personal emergencies (a standard
which Mr. b6, b7C indicated was liberally applied) -- is given the opportunity to do so in the
16

Id. at 4.

17

Inmate Guidebook at 15, Section VIII, A; Supplement at 2.

18

b6, b7C

interview.

19

Standards (Telephone Access) at 2.

20

Id. at 1.

5

BICE office as soon as someone from BICE is able to be there. In this regard, BICE personnel
are accessible at the Facility once a week, typically on Saturdays, for ten hours per day. In
addition, a detainee’s indigent status is not taken into account in allowing free telephone calls.
There is no designated system in place for scheduling free phone calls, and the policy is merely
carried out in practice. No system is in place to write a report if a call is not made within eight
waking hours, although Lieutenant b6, b7C claimed that this would not happen as the call is
afforded before eight hours elapses in all cases. Two of the six detainees we interviewed
reportedly have never asked to make a free call at the Facility. 21 The number of phones at the
Facility appeared to be adequate. Calls could be placed collect or using debit cards that can be
purchased. There are no restrictions such as time limits per call on the phones that are located in
the pods, and they are available from 6:00 a.m. until 11:00 p.m.
According to the Standards, detainees should be able to discuss their legal cases
over the phone in a private environment without interruption or cut-offs. 22 According to
Lieutenant b6, b7C , there is no monitoring of phone calls. However, partitions or other
b6, b7C
mechanisms of privacy were not afforded. Lieutenant
claimed that if a detainee
demanded privacy it could be provided in the BICE office; however, at least two detainees did
not seem to be aware of such a possibility.23 They did not find this to be a problem, however,
and seemed reasonably comfortable with the privacy level in the Facility.
The Standards state that the Facility should receive and deliver phone messages
Although Lieutenant b6, b7C claimed that phone messages were delivered when
received, neither detainee b6, b7C nor detainee b6, b7C believed that it was possible for them to
receive a telephone message. The Standards also provide that the detainees should be able to
contact their other detained family members without cost. 25 Lieutenant b6, b7C stated that
these circumstances have never existed at the Facility.
promptly. 24

The Standards also require that a list of pro bono agencies should be posted by
each phone along with multilingual instructions on how to operate the phone. 26 We could see
b6, b7C
nothing posted by the phones, and according to Mr.
and Mr. b6, b7C no such postings
existed. Detainee Daly reaffirmed this observation when commenting to us that the Facility staff
only recently installed the telephone numbers required by the Standards in preparation for our
visit. 27 We could not gain access to the phone area because it was part of the space occupied by
the detainees. But Mr. b6, b7C and Mr. b6, b7Cconfirmed that they have never had any trouble or
difficulty using the telephone system. According to Lieutenant b6, b7C
the telephones are
inspected daily to ensure working order, and any technical problems are immediately attended to.
21
22
23

b6, b7C

interview;b6, b7Cinterview.

Standards (Telephone Access) at 3.
b6, b7C

interview;b6, b7Cinterview.

24

Standards (Telephone Access) at 4.

25

Id.

26

Attorney Guide (Telephone Access) at 13.

27

b6, b7C

interview.

6

C.

Legal Materials, Library Conditions and Correspondence

The Standards set forth minimum requirements for all law library facilities at INS
detention centers. These requirements list particular books, facilities and equipment that must be
provided, and establish guidelines for replacing materials, allowing for access of the materials
and general office supplies. Upon review of the Facility’s library, it is apparent that the Facility
adheres to some of these requirements but falls short on others.
(1)

Legal Materials

The Facility’s book holdings fell short of the guidelines set forth in the Standards.
Of the legal reference materials listed in Attachment A of the Standards, 28 the following items
were not found on the shelves:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•

Constitution of the United States of America; Analysis and Interpretation
Bender’s Immigration and Nationality Act Service
Bender’s INS Regulations Service
Immigration Law and Defense
Immigration Law and Crimes
Guide for Immigration Advocates
Country Reports on Human Rights Practices
Human Rights Watch - World Report
UNHCR Handbook on Procedures and Criteria for Determining Refugee Status
Considerations for Asylum Officers Adjudicating Asylum Claims From Women
Immigration and Naturalization Service Basic Law Manual
Lawyer’s Committee Handbook on Representing Asylum Applicants
Rights of Prisoners
Federal Civil Judicial Procedure and Rules
United States Code, Title 28, Rules, Appellate Procedure Pamphlets I + II
Federal Criminal Code and Rules
Criminal Procedure
Legal Research in a Nutshell
Legal Research & Writing: Some Starting Points
Black’s Law Dictionary
Spanish-English Law Dictionary
Directory of Nonprofit Agencies that Assist Persons in Immigration Matters

In addition, two detainees that we interviewed reported that the law library
materials on the shelves are not updated. 29
(2)

Library Conditions

28

Standards (Access to Legal Material), Attachment A.

29

b6, b7C

interview; b6, b7C interview.

7

The Facility permits access to the library from morning until lock-down six days
per week, with limited hours on Sunday. No inmates have reported problems with being denied
access to the library upon request. Additionally, Facility staff assist inmates with their
photocopying and mailing needs, and provide computer disks for inmates to store their computer
files. In this regard, the Supplement states that photocopies up to ten pages per request will be
afforded and that bulk photocopy needs will be addressed through BICE. Notably, one detainee
told us that there is never a librarian on duty to assist detainees. 30 He reported that indigent
detainees are allowed to make free photocopies. 31
There were two computers in the library, and the Facility staff reported having 12
new computers on order. Detainees typically use the library computers to prepare letters rather
than to conduct research, and there are no time restrictions placed on their computer access. One
detainee complained, however, that the computers are old, the printers do not work, and Lexis
does not permit research of BCIS cases. 32 A typewriter was also available, and writing materials
and implements are available upon request.
In contrast to the lack of appropriate reference materials, the library is well-lit and
located in a quiet area off a hallway that appeared to be centrally located. At least two large
round tables were present in the library, with seating for no less than 15 people. Detainees who
are bilingual have mentioned past experiences in assisting other detainees who speak their native
language but lack the English proficiency to make use of the law library.
(3)

Correspondence

The Standards require that all incoming correspondence be distributed to
detainees within 24 hours of receipt by the Facility and that all outgoing correspondence be
delivered to the postal service no later than the day after it is received by Facility staff or placed
by the detainee in a designated mail depository, excluding weekends and holidays. 33
Lieutenant b6, b7C indicated that all incoming special correspondence will be
delivered to detainees immediately after processing and all other incoming correspondence will
be delivered to detainees no later than the day following their receipt by the Facility. In our
interview with detainees, however, we heard complaints about delays in delivering incoming and
outgoing special correspondence.
The Standards allow outgoing correspondence to be inspected and/or read if the
addressee is another detainee or if there is reason to believe the item might present a threat to the
Facility’s secure or orderly operation, endanger the recipient or the public, or facilitate criminal
activity. 34 The Inmate Guidebook states that outgoing mail, other than privileged outgoing mail,
30

Id.

31

Id.

32

Id.

33

Standards (Correspondence and Other Mail) at 3.

34

Id. at 4.

8

is subject to screening. 35 Lieutenant b6, b7C stated that outgoing mail is generally inspected for
contraband only and will not be read. Detainee b6, b7C , however, claimed that his outgoing letter
complaining about a particular Facility staff member was read by another staff member, who
then refused to send out the letter for the detainee. Detainee b6, b7C declared that due to his
complaints about the Facility staff and his pending civil suit against the Facility, his mail is being
read by the Facility staff in retaliation. 36
D.

Group Rights Presentations

The Standards provide that facilities shall permit authorized persons to make
presentations to groups of detainees for the purpose of informing them of U.S. immigration law.
All facilities must cooperate fully with authorized persons seeking to make such presentations. 37
Detainee b6, b7C informed us that he has never attended a group rights
and according to Facility staff, no organizations have requested to make
presentations. There was no indication, however, that there would be any Facility staff
resistance to a group rights presentation.
presentation, 38

The Facility possesses the “Know Your Rights” video, made available by the
Department of Justice in Spanish and English, and Facility staff indicated that this video is
shown to detainees as part of the standard orientation program.
V.

Other General Observations Unrelated to the Legal Access Standards
A.

Admissions and Classification

Upon arrival, all detainees receive an insert detailing the policies and procedures
specific to them, in addition to the inmate guidebook that all inmates receive. 39 However, the
Facility staff told us that a copy of the insert was not available to review. 40
New arrivals are strip-searched in a private area behind a door adjacent to the
processing room. The staff performs an inventory of each new detainee’s possessions, and the
detainee receives a copy of this inventory. Within the first week of their arrival, all detainees are
shown an instructional video about various procedures at the Facility. The orientation video is
only available in English. However, interpreters are available, usually within 20 minutes of a
35

Inmate Guidebook at 19, Section VIII,C,11.

36

Interview with

37

Standards (Group Presentations on Legal Rights) at 1.

38

b6, b7C

b6, b7C

June 27, 2003.

interview.

39

Office of the Sheriff, St. Mary’s County, Maryland, Corrections Division, Inmate Guidebook (April 1, 2003)
(“Inmate Guidebook”). The Inmate Guidebook is supplemented by Office of the Sheriff, St. Mary’s County,
Memorandum No. 02-1243 to Corrections Personnel, dated September 11, 2002 (the “Supplement”). Both the
Inmate Guidebook and the Supplement are attached hereto at Attachment A.

40

One detainee stated that there are only two detainee handbooks per hallway. Interview with
June 27, 2003.

9

b6, b7C

request. The Standards require that the video be in English and Spanish, with the opportunity for
a translator. 41
According to the Inmate Guidebook, inmates are classified by the Classification
Committee within one week of admission to the Facility, and reviews are done “periodically.”
Upon arrival, detainees are classified from Level One to Level Three, with Level Three being the
most dangerous detainees. Level One and Level Two detainees may be housed together, but
Level Three detainees are housed by themselves. 42 Detainee classification is principally based
on criminal history and recent disciplinary actions. This classification system prohibits any
consideration of issues of facility management or other factors external to the detainee
classification system in determining a detainee’s classification level. 43 Note, however, that the
Inmate Guidebook suggests that facility management issues may influence classification
decisions by stating that inmates will be “separated by gender, legal status or for other
management reasons.” 44 The staff was adamant about the issue of separating detainees from
b6, b7C
criminal inmates, as confirmed by
Lieutenant Commander at the Facility,
who stated, “There is absolutely no exposure to other inmates.”
Detainees are re-classified at a minimum every year. However, detainees may
request a re-classification, and they often do so; the Classification Committee, which includes
mental health professionals, meets weekly for these determinations. This re-classification goes
beyond the Standards, which provide that only new arrivals can appeal their classification levels
under procedures contained in the Facility’s classification system. 45 We did not see any such
appeal procedures in the Inmate Guidebook, and in fact the Inmate Guidebook states that inmates
have no right to present complaints or grievances regarding classification. 46 If that is the
operating policy, it was not surprising for us to hear from Facility staff that classification protests
rarely, if ever, succeed.
B.

Accommodations

Detainees are housed in U-shaped “pods.” Each pod contains one television, one
phone, and a common area with tables, chairs, and board games. The common area is
surrounded by five cells. There are two detainees per cell. At the Facility, there are two wings
that house detainees: the C wing, which has one pod, and the E wing, which is a two-tiered
structure with two pods.
The Standards require that detainees be allowed to keep small religious items,
religious and secular reading materials, legal documents, ten 5x7 pictures, prescription glasses,
41

Id. at 7.

42

On rare occasions, detainees are placed in administrative segregation, such as when a detainee contracts
tuberculosis.

43

Standards (Classification System) at 1-2; 4-6.

44

Inmate Guidebook at 3, Section II, E (emphasis added).

45

Standards (Classification System) at 6.

46

Inmate Guidebook at 21, Section IX, E.

10

dentures, address books, and a wedding ring. 47 According to Corrections Coordinator, b6, b7C
b6, b7C
, detainees are allowed to keep their watches, rings, hats, religious items (such as
Bibles, rosaries, and the Koran), and any legal documents. Each detainee also gets a floppy disk
which he can use in the library computers to store documents. Detainees may request additional
disks if necessary. Two detainees, Mr. b6, b7C and Mr. b6, b7C confirmed that legal documents
can be retained in their possession. 48 Mr b6, b7C added that books can be retained, such as the Bible
or the Koran. Both claimed that nothing else would be permitted, including clothing or jewelry,
although Mr.
noted that he could wear a cross or similar religious attire.
Work programs are not available to BICE detainees at the Facility, although they
are available to the Facility’s inmate population at large.
C.

Recreation

The Standards provide that “[e]very effort shall be made to place a detainee in a
Facility that provides outdoor recreation.” 49 In addition, the Standards require that if a Facility
provides outdoor recreation, each detainee must have access for at least one hour daily, five days
a week, weather permitting. 50
Lieutenant b6, b7C confirmed that the Facility provides outdoor recreation and
that detainees are allowed exercise five times per week for one hour per day. The outdoor
recreation area consisted of a basketball court in an inner courtyard of the Facility. This
basketball courtyard was made of concrete with wire meshing covering the courtyard. Despite
the wire meshing, detainees are able to enjoy access to natural sunlight. There is an indoor
recreation area with a basketball court which can also accommodate other sports, such as
volleyball. In reviewing the Inmate Guidebook for the Facility, it is noted that each
inmate/detainee is allowed exercise only three days a week for one hour per day, 51 which
contradicts Lieutenant b6, b7C
statement regarding the five days a week schedule. The
Inmate Guidebook goes on to state that inmates are allowed to “perform additional exercises in
their cells or dayroom area, so long as such activity does not interfere with the activities of other
inmates.” 52
In addition to the “outdoor” recreation area, there are indoor recreational activities
such as books and board games, as well as television viewing in the dayrooms.
Lieutenant b6, b7C
confirmed that recreation is available to detainees in
segregation and isolation on the same terms as the general detainee population, but that
segregation detainees can only recreate among themselves and not with other detainees.
47

Standards (Funds and Personal Property) at 3.

48

Interviews with

49

Standards (Recreation) at 1.

50

Id. at 2.

51

Inmate Guidebook at 22, Section IX,I.

52

Id.

b6, b7C

and

b6, b7C

June 27, 2003.

11

Notably, the Inmate Guidebook is less definitive about the recreation schedule for detainees held
in segregation and isolation, stating vaguely that such inmates will be afforded use of the
recreation facilities on a schedule “dictated by their particular situations.” 53
Facility staff have been directed to monitor detainees in recreation areas during
recreation, as opposed to the continuous supervision of regular inmates during recreation. 54
D.

Medical Care

The Standards require that every Facility must provide its detainee population
with an initial medical screening, cost-effective primary medical care, and emergency care. 55 In
addition, every Facility “will employ, at a minimum, a medical staff large enough to perform
basic exams and treatments for all detainees.” 56
(1)

General Access to Health Care

The Facility, with a medical staff of 10, conducts a screening of each inmate
within 24 hours of incarceration. This screening is designed to identify an inmate’s physical
condition and to protect other inmates from communicable diseases. 57 It is unclear whether this
initial screening entails a mental health screening.
The Facility affords non-emergency routine medical care to general population
detainees through a sick call sign-up procedure offered two days per week. For facilities with
fewer than 50 detainees, such as the Facility, which has capacity for 32 detainees and which
housed 23 detainees on June 27, 2003, the date of our visit, the Standards require that sick calls
be offered a minimum of 1 day per week. 58 However, detainee b6, b7C asserted that medical care is
only given in an emergency, adding that he visited a doctor two days prior to our visit solely
because it would look good for our upcoming visit. 59 Inmates must pay a medical fee of $4.00
for each visit. However, no inmate is denied treatment based on his ability to pay. 60 According
to Facility staff, inmates may be taken to local doctors outside the Facility. In such cases,
inmates are transported in leg shackles and waist chains with handcuffs. If necessary, inmates
requiring emergency treatment are taken to the Emergency Room of St. Mary’s Hospital. 61
Lieutenant b6, b7C confirmed that medical staff are on call 24 hours a day for emergencies.

53

Id. at 22, Section IX,I,3

54

Supplement at 2.

55

Standards (Medical Care) at 1.

56

Id.

57

Inmate Guidebook at 7, Section V.

58

Standards (Medical Care) at 5.

59

b6, b7C

interview.

60

Inmate Guidebook at 9, Section V,C.

61

Id. at 7, Section V,B,2.

12

The Supplement provides that segregation detainees will be visited by medical
staff three times weekly and that such visits will be documented. b6, b7C visits and daily
documenting of visits of detainees in segregation will be made by the Shift
Commander/Supervisor.
In addition, the Facility arranges for mental health providers to be available for
b6
on-site counseling of detainees. According to Lieutenant
a psychologist is available
twice a week and two psychiatrists are available once a week. They are on call 24 hours a day.
Detainees desiring mental health services must complete a request and forward it to the mental
health services unit. 62 Despite these assurances, one detainee complained that he was not
receiving adequate medical treatment from a mental health professional for his depression and
insomnia and had not been provided any sleep medication during his two months of detention. 63
The Facility does not provide routine dental treatment, although emergency dental
care is available for serious conditions. 64 Two detainees complained that their requests for
dental care have not been granted. 65
E.

Detainee Conduct and Discipline
(1)

Administrative and Disciplinary Segregation

The Inmate Guidebook states that detainees shall be placed on administrative
segregation when “no other viable alternative exists for non-punitive sanctions” to “protect the
inmate, staff, public, and property.” 66 According to Facility staff, segregation for medical
quarantine is used for tuberculosis and other communicable diseases.
According to the Supplement, segregated detainees are to be afforded law library
access except when “security concerns” exist.67 Segregated detainees ordinarily retain visitation
privileges and are always allowed legal visitation. Facility staff report that BICE detainees are
rarely segregated for disciplinary reasons. The classification of segregated detainees is reviewed
every seven days.
(2)

Disciplinary Policy

According to the Standards, rules of conduct and disciplinary sanctions should be
posted in English, Spanish, and any other language spoken by a significant number of
detainees, 68 but no such postings were in plain sight during the group visit to the Facility.
62
63
64
65

Id. at 28, Section XII,F.
b6, b7C

interview.

Inmate Guidebook at 10, Section V,F.
b6, b7C

interview; b6, b7C interview.

66

Inmate Guidebook at 27

67

Supplement at 1.

68

Standards (Disciplinary Policy) at 2.

13

Punishments under the Standards may range from withholding of privileges to disciplinary
segregation, but time in segregation may generally not last more than 60 days. The detainee
should not be held responsible for his conduct if medical personnel finds him mentally
incompetent.
Pursuant to the Standards, Corrections Officers should prepare and submit
incident reports, and these reports should be investigated within 24 hours. The investigating
officer may not have been involved in the incident. Detainees are to be given a copy of the
report at least 24 hours before the start of disciplinary proceedings, and are entitled to a hearing.
Detainees have the right to assistance in preparing a defense, and may appeal disciplinary
decisions. 69
According to the Inmate Guidebook, whenever an inmate commits a violation of
the rules, the Corrections Officer shall submit a request for disciplinary action detailing the
offense. 70 According to Facility staff, a supervisor reviews all forms. The matter is then either
resolved informally, or heard by the Disciplinary Hearing Board. The incident reports must be
filed by the Corrections Officers by the end of their shifts, and the detainee is given a copy
within 24 hours, a procedure which complies with the Standards. Staff indicated that most
complaints are resolved informally.
The Inmate Guidebook provides that an informal disposition shall only be used
for Category III offenses, which include possession of unauthorized items, defacing county
property, failure to maintain personal hygiene, use of abusive or obscene language or gestures,
gambling, disobeying a written or verbal order from a staff member, and failure to keep doors,
walls, ceilings, vents, bunks and/or windows free from signs, posters, pictures and writing. 71
According to the Inmate Guidebook, detainees are not coerced into accepting an informal
resolution, and may instead opt for a hearing by the Disciplinary Board. 72
According to Facility staff, the detainee is given a Disciplinary Board hearing
within 96 hours. The Board includes a sergeant and two other officers. The Inmate Guidebook
provides that the detainee will be given at least 24 hours’ advance notice of the hearing, and may
request witnesses to furnish testimony on the detainee’s behalf. After the Board reaches a
conclusion and determines sanctions, the detainee is provided with a copy of the decision, which
is reviewed by the Commander within ten working days. The Commander has the authority to
concur with the result, to reduce punitive sanctions, or to disagree with the result and return the
matter to the Board for reconsideration. Once the sanctions expire, the detainee returns to his
previous level of classification.
The inmate may appeal in writing to the Commander or to the Sheriff within two
working days. The decision of the Sheriff is final. 73 The Inmate Guidebook indicates that
69

Id. at 3-4.

70

Inmate Guidebook at 27.

71

Id. at 26-27.

72

Id. at 27.

73

Id.

14

sanctions correspond with three categories of offenses, with examples of punishments ranging
from up to 30 days’ punitive segregation (Category I) (which includes murder or attempted
murder, theft, and bribery of staff), to up to 15 days’ punitive segregation (Category II) (which
includes fighting, possession of money, and being in an unauthorized area), to verbal or written
reprimand (Category III) (which includes obscene language and failure to maintain personal
hygiene).
Additionally, the Inmate Guidebook provides that Corrections Officers have the
authority to “impose reasonable immediate sanctions(s) necessary to maintain a safe and secure
environment.” 74
(3)

Grievance Procedure

The Standards provide that each facility must develop standard operating
procedures that address detainee grievances including emergency grievances, and must guarantee
against reprisals. An informal procedure for grievances should also be outlined, and assistance
should be given to illiterate, disabled, on non-English speaking detainees to help them file formal
grievance notices. 75
The Inmate Guidebook states that “[a]ll inmates have the right to present
complaints or grievances regarding Detention Facility Policies, procedures, rules, regulations,
and practices.” 76 Legal issues, disciplinary procedures and classification are excepted.77
Inmates with a grievance may submit an Inmate Grievance Form to a Correctional Officer.
Grievances against a staff member may be placed in a sealed envelope and forwarded to the
Commander. However, the Inmate Guidebook does not outline either an informal grievance
process or an emergency grievance procedure, in contravention of the Standards.
According to the Inmate Guidebook, grievances are reviewed and investigated by
the “appropriate” level of staff. 78 A Grievance Committee may be formed by the Assistant
Commander. Within 15 working days, the detainee is to be advised of the findings and any
action taken in response to the grievance. The detainee may then appeal the decision to the
Commander within three working days. According to Facility staff, a grievance identified as
sensitive by the detainee may be placed in a sealed envelope and forwarded directly to the
Officer in Charge.
Detainee b6, b7C indicated that he had filed numerous grievances, most of which
were not addressed, and he currently has a lawsuit pending against the Facility for retaliation.79
Mr. b6, b7C said that after he filed the lawsuit, he received his outgoing legal mail marked
74

Id.

75

Standards (Detainee Grievance Procedures) at 1.

76

Inmate Guidebook at 21.

77

Id.

78

Id.

79

b6, b7C

interview.

15

“Return to Sender,” but that the mail did not have a postmark and did not leave the Facility
according to the mail logs. He also stated that he was put on a “bland diet” that he did not want
(and filed grievances over such diet) in retaliation for complaining about the food. He also
complained that he requested a vegetarian diet on account of his Rastafarian beliefs, but
complained that he continually receives a meat diet, as well as spoiled milk, particular sauces
that he has identified to staff as causing him illness, and insufficient portions of food. He also
reported that when he is served meat, the Facility staff have refused to replace the meals with a
vegetarian tray. 80
VI.

Conclusion

Facility staff have clearly endeavored to implement the Standards into the
Facility’s operating procedures for the care and custody of BICE detainees, as evidenced by the
Supplement issued to all Corrections personnel at the Facility. Although there is a detainee
policy insert to the Inmate Guidebook that is purportedly given to all detainees upon arrival at
the Facility, the delegation was not provided with a copy to review. Based on interviews with
detainees, the delegation noted a lack of detainee awareness about their specific rights and
procedures applicable to them as detainees as distinguished from the regular inmate population.
In many respects, the delegation observed evidence confirming that the Facility
staff views the Standards as a “floor” only, with the staff’s treatment and accommodation of
BICE detainees often surpassing what the Standards require. However, there is still progress to
be made in fully implementing the Standards at the Facility. The delegation observed some
noteworthy deficiencies in meeting the implementation of the Standards, particularly with
respect to: (1) the inadequate or outdated reference materials in the law library and a lack of
library assistance and multilingual support, and (2) limited detainee access to pro bono legal
resources and Facility resources for contacting attorneys, legal organizations, and government
agencies. In addition, based on a pattern of comments that surfaced in interviews with detainees,
the delegation is concerned that there may be some degree of staff retaliation against detainees
for filing grievances.

80

Id.

16