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Holland + Knight

Holland & Knight LLP
50 North Laura Street
Suite 3900
Jacksonville, Florida 32202
www.hklaw.com

November 5, 2007
To:
From:
Copies to:
Subject:

John P. Torres, Director, Office of Detention and Removal, Immigration and
Customs Enforcement
American Bar Association Delegation to the Wakulla County Detention Facility 1
b6
ABA Commission on Immigration
Report on Observational Tour of the Wakulla County Detention Facility,
Crawfordville, Florida

This memorandum summarizes and evaluates information gathered at the Wakulla
County Detention Facility (“the facility”) in Crawfordville, Florida, during the delegation’s July
24, 2007 visit to the facility. The information was gathered via observation of the facility by the
delegation, interviews with three detainees, and discussions with Wakulla County Detention
Facility and Immigration and Customs Enforcement (“ICE”) personnel.
I.

ICE DETENTION STANDARDS

In November 2000, the Immigration and Naturalization Service (INS)2 promulgated the
“INS Detention Standards” to ensure the “safe, secure and humane treatment” of immigration
detainees. The thirty-nine 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.

1

The delegation was comprised of att
b6
& Knight LLP, including

b6

,

mer associates from the Jacksonville, Florida office of Holland
b6
,
and
b6
b6
b6

b6

2

Effective March 1, 2003, the INS ceased to exist as an agency of the Department of Justice. The INS’ immigration
enforcement functions were transferred to Immigration and Customs Enforcement (“ICE”), a division of the newly
created Department of Homeland Security (“DHS”).
Atlanta • Bethesda • Boston • Chicago • Fort Lauderdale • Jacksonville • Los Angeles
Miami • New York • Northern Virginia • Orlando • Portland • San Francisco
Tallahassee • Tampa • Washington, D.C. • West Palm Beach

November 5, 2007
Page 2
II.

INTRODUCTION
A.

The Delegation’s Visit, July 24, 2007

On Tuesday, July 24, 2007, the members of our delegation met with several members of
Wakulla County Detention Facility’s staff and a representative from the ICE office in Miami,
b6, b7C
Florida. ICE Deportation Officer
delegation into the facility and,
b6, b7C
thereafter, Jail Administrator and Lieutenant
led our delegation on a tour of
the facilities and participated in post-tour follow-up discussions. The delegation also met with
other Wakulla County Detention Facility personnel along the tour: Lieutenant
b6, b7C
b6,
b7C
(Security Lieutenant for all of Wakulla County Detention Facility),
b6
(Immigration Enforcement Agent from Krome in Miami, Florida), and
from
Pay Tel Communications. The delegation appreciates the cooperation
s. The
facility staff was direct and accommodating during our tour of the facility.
Our report is based on the discussions we had with these facility and ICE employees, as
well as observations of the facility and interviews with three immigration detainees. In many
instances, the detainees’ reports were inconsistent with statements made by facility personnel
and our observations. Where we were unable to reconcile the conflicting reports, the delegation
was unable to conclusively determine whether all of the Standards were being met.
B.

General Information About the Wakulla County Detention Facility

The Wakulla County Detention Facility houses federal immigration detainees according
to an intergovernmental service agreement (“IGSA”) with ICE.3 According to Lt. b6, b7C the
facility has a current population of 100 immigration detainees.4 The detainees are all males.5
The facility receives a per diem of $56.30 per detainee.6 Lt. b6, b7C informed the delegation
that the facility housed immigration detainees from many different countries (predominantly
Mexico, but also Jamaica, Cuba, the Bahamas, and the United Kingdom).7 Officer b6, b7C
stated that the detainees' average length of stay in Wakulla is thirty (30) days.8
Detainees are housed in "pods" according to objective classifications of violent or
aggressive tendencies (most often based on the detainee's prior criminal record).9 A summary of
the detainee-pod classification system is discussed below. At the time of the delegation’s visit,
none of the pods were at maximum capacity.10
II.

PREVIOUS ABA REPORT ON WAKULLA COUNTY DETENTION FACILITY

A review of the 2006 ABA report on Wakulla County Detention Facility shows that problems
persist with regard to Telephone Access, Access to Legal Materials, Group Presentations on Legal Rights,
3

Notes of delegation member
Notes of delegation member
5
Notes of delegation member
6
Notes of delegation member
7
Notes of delegation member
8
Notes of delegation member
9
Notes of delegation member
10
Notes of delegation member
4

b6

b6

, on conversation with Lt.
, on conversation with Lt.
, on conversation with Lt. b6, b7C
, on conversation with Lt.
, on conversation with Lt.
, on conversation with Officer b6, b7C
, on conversation with Lt.
b6, b7C
on conversation with Lt.

November 5, 2007
Page 3
Detainee Handbook, and Medical Care detention standards.11 The 2006 ABA report indicated that all
telephone calls were monitored without a court order, as they were in 2007.12 As in 2006, the library in
2007 still did not have the Florence Project’s “Know Your Rights” packets.13 The facility did not show
the Florence Project’s “Know Your Rights” video in 2006, and still does not show the video.14 The
detainee handbook was lacking important information regarding special correspondence, how to obtain
writing supplies and envelopes, and how indigent detainees may obtain free postage.15 Detainees did not
receive the required initial dental screening in 2006, and still did not in 2007.16

IV.

Legal Access Standards
A.

Visitation
1.

Visitation by Attorneys

The Standards require that facilities permit legal visitation seven days per week.17
Attorneys should have access to their clients eight hours per day during the week and four hours
per day during the weekend.18 The visits must be private, and should not be interrupted for head
counts.19 Facilities should establish a procedure by which attorneys may call to determine
whether a detainee is housed in a particular facility.20 Detention centers should permit visits
from attorneys, other legal representatives, legal assistants, and interpreters.21
The facility meets this section of the Standards. The information provided by detainee
b6, b7C
indicates Wakulla County Detention Facility complies with
attorney visitation standards. Mr. b6, b7C is aware of the visitation hours and has had contact
with an attorney without encountering any problems.22 Law students, legal assistants, law
graduates, and interpreters may meet with detainees after providing proper identification:23 for
example, a valid driver's license.24
Attorney-client visits are not interrupted.25 If an attorney-client visit is taking place and
the detainee misses lunch as a result, the detainee will be provided with the missed meal
following the visit.26 The attorney-client visits, however, are not permitted during the nightly
11

The ABA delegation previously visited Wakulla County Detention Facility on September 26, 2006.
2006 ABA report at 6.
13
2006 ABA report at 8.
14
2006 ABA report at 10.
15
2006 ABA report at 11, 12.
16
2006 ABA report at 12.
17
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.2.
18
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.2.
19
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.9.
20
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.6.
21
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.3.
22
b6, b7C
Notes of delegation member
on conversation with detainee
b6
12

b6, b7C

23

Notes of delegation member
24
Notes of delegation member
25
Notes of delegation member
26
Notes of delegation member

b6

on conversation with Lt.
on conversation with Lt.
on conversation with Lt.
on conversation with Lt.

b6, b7C

November 5, 2007
Page 4
lock down head count at 11 p.m.27 Wakulla County Detention Facility has one attorney booth
for attorney-client visits.28 However, if more than one attorney-client visitation is happening at
the same time, the law library will be open to facilitate one of these visits.29 Generally, all visits
in the attorney booth are non-contact.30 Plexiglas divides the detainee and the attorney in the
attorney booth.31 Visits occurring in the law library are contact visits.32 Attorneys are not
searched, but detainees are subject to a strip search after a contact legal visit.33
Finally, attorneys may call the facility to determine whether their client is being housed
there. Also, detainees may contact their attorneys via phone or mail.35 Detainees b6, b7C
b6, b7C
b6, b7C
and
indicated that they have not encountered any
problems contacting their respec
. 36
34

2.

Visitation by Family and Friends

To maintain detainee morale and family relationships, the Standards encourage visits
from family and friends.37 The Standards require that facilities establish written visitation hours
and procedures, and make them available to the public.38 This includes procedures for handling
incoming money for detainees.39 The visiting area is to be “appropriately furnished and
arranged, and as comfortable and pleasant as practicable.”40 The Standards require visiting hours
for family and friends on Saturdays, Sundays, and holidays. Further, the facilities should
accommodate visitors at other times when the detainees are facing a particular hardship.41 Visits
should be at least thirty (30) minutes long, and longer when possible.42 If a facility does not
provide for visits from minors, ICE should arrange for visits with children or stepchildren within
the detainee’s first thirty (30) days at the facility, with continuing monthly visits.43 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.44
27

Notes of delegation member
Notes of delegation member
b6
29
Notes of delegation member
30
Notes of delegation member
31
Observations of delegation members.
32
Notes of delegation member
33
Notes of delegation member
b6
34
Notes of delegation member
35
Notes of delegation member
28

on conversation with Lt.
on conversation with Lt.
on conversation with Lt.
on conversation with Lt.
on conversation with Lt.
on conversation with Lt.
on conversation with Lt.
on conversations with Lt.

b6, b7C

.
.
.
.

b6, b7C

b6, b7C

and detainee

b6, b7C

36

Notes of dele
er
on conversations with detainees
b6
b6, b7C
b6, b7C and
.
37
Detention Operations Manual, Detainee Services, Standard 17, Section I.
38
Detention Operations Manual, Detainee Services, Standard 17, Sections III.A & B.
39
Detention Operations Manual, Detainee Services, Standard 17, Section III.D.
40
Detention Operations Manual, Detainee Services, Standard 17, Section III.G.
41
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.1.
42
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.1.
43
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.2.
44
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.5.

b6, b7C

b6, b7C

November 5, 2007
Page 5
The facility appears to substantially meet this section of the Standards; however, the
facility does not accommodate hardship visits. Visiting hours are seven days per week, from
1:00 p.m. until 4:00 p.m. for detainees.45 Visitation with family and friends is limited to a
maximum of two hours per week.46 The facility does not accommodate hardship visits as
suggested by the Standards.47 All visits are non-contact.48
Anyone may visit the detainee, but visitors must appear on the detainee's visitation list.49
Also, picture identification is required of all visitors; visitation will be denied to persons who do
not present identification.50 Visitation of family and friends is denied to any detainee in
disciplinary segregation.51 Children under the age of 12 are not allowed to visit.52 If a detainee
would like to meet with regularly with children under the age of twelve, then ICE should be
notified so the detainee may be moved to another facility which allows for such visits.53
B.

Telephone Access
1.

General Requirements

The Standards require that facilities provide detainees with reasonable and equitable
access to telephones during established facility working hours.54 In order to meet this
requirement, facilities must provide at least one telephone for every twenty-five (25) detainees.55
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.56
The facility meets this section of the Standards. Each housing unit has at least two
telephones.57 The facility also has one telephone located in the front office that is available to
the detainees on Tuesdays and Thursdays.58 The telephone provider is Pay Tel Communications,

45

Wakulla County Detention Facility Visitation Rules and Regulations, point 4.
Wakulla County Detention Facility Visitation Rules and Regulations, point 1.
47
b6
b6, b7C
Notes of delegation member
on conversations with Lt. b6, b7C detainees
b6, b7C
b6, b7C
and
48
b6
Notes of delegation member
on conversation with Lt. b6, b7C Wakulla County Jail Detainee
Handbook, p. 14.
49
b6
b6, b7C
delegation member
on conversation with detainee
46

b6, b7C

50

Wakulla County Detainee Handbook, p. 13.
Wakulla County Detainee Handbook, p. 14.
52
Notes of delegation member
, on conversation with Lt. b6, b7C ; Wakulla County Detainee
b6
Handbook, p. 14.
53
Notes of delegation member
, on conversation with Lt. b6, b7C ; Wakulla County Detainee
b6
Handbook, p. 14.
54
Detention Operations Manual, Detainee Services, Standard 16, Sections I & III.A.
55
Detention Operations Manual, Detainee Services, Standard 16, Section III.C.
56
Detention Operations Manual, Detainee Services, Standard 16, Section III.B.
57
b6
Observations of delegation member
58
Notes of delegation member
, on conversation with Lt. b6, b7C .
b6
51

November 5, 2007
Page 6
Inc. and the phone system is collect and preprogrammed.59 The telephones are accessible from
9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 11:00 p.m.60 The telephones are unavailable during all
meals.61
The instructions for telephone usage are provided via an automated telephone program.62
When a detainee picks up the receiver, an automated voice provides assistance to the detainee.63
Additionally, the phone numbers of local consulates are posted by each phone or bank of phones
in the facility.64
2.

Direct Calls and Free Calls

The Standards allow facilities to restrict telephones to only outbound collect calls;65
however, the facility must permit detainees to make direct, free 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.66 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.”67
The facility meets this section of the Standards. Detainees are able to make calls to
legal service providers and to consulates at no charge.68 The detainees may make direct calls to
consulates and pro bono legal service providers, such as the Florida Immigrant Advocacy Center
("FIAC"), using the preprogrammed telephones.69 In addition, the detainees may use the
additional telephone located in the front office to contact legal service providers on Tuesdays and
Thursdays.70
3.

Telephone Access to Legal Representatives

The Standards provide that the facility shall not restrict the number of calls a detainee
places to his or her 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.71 If

59

b6
Notes of delegation member
on conversation with
of Pay Tel
b6
Communications, Inc.
60
Notes of delegation member
on conversation with Lt.
.
b6
b6, b7C
61
Notes of delegation member
on conversation with Lt.
.
62
Observations of delegation member
.
63
Observations of delegation member
.
b6
64
Observations of delegation member
.
65
Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
66
Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
67
Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
68
Notes of delegation member
on conversation with Lt.
69
Notes of delegation member
on conversation with Lt. b6, b7C
b6
70
Notes of delegation member
on conversation with Lt.
71
Detention Operations Manual, Detainee Services, Standard 16, Section F.

November 5, 2007
Page 7
time limits are necessary, they shall be no shorter than twenty minutes.72 The Standards require
that the facility ensure privacy for detainees’ telephone calls regarding legal matters.73
The facility does not fully meet this section of the Standards: detainees are generally
unable to make private telephone calls because the telephones where detainees make
outgoing calls are all located in the pods,74 out in the open. On Tuesdays and Thursdays
detainees may request access to a more private telephone in the office, but it is unclear
whether that phone is monitored. The telephones in the pods are out in the open, and there are
no partitions.75 All phone conversations made on the phones located in the pods are
automatically recorded and monitored.76 According to Lt. b6, b7C , the detainees can request to
make outgoing calls from the telephone located in the front office (for use only on Tuesdays and
Thursdays), and the phone is not monitored.77
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.78 If the facility
receives an emergency telephone call for a detainee, the Standards suggest that the facility obtain
the caller’s name and number and permit the detainee to return the emergency call as soon as
possible.79
The facility meets this section of the Standards. The facility delivers messages from
attorneys and emergency incoming telephone calls to detainees.80 Staff officers will assist
detainees in making emergency telephone calls when access to the telephone would not
otherwise be available.81
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 calls, except under compelling
security conditions.82
The facility appears to meet this section of the Standards. Detainees placed in the
SMU for disciplinary reasons have access to the telephones for calls relating to the detainee's

72

Detention Operations Manual, Detainee Services, Standard 16, Section F.
Detention Operations Manual, Detainee Services, Standard 16, Section J.
74
b6
Observations of delegation members; delegation conversation with
of Pay Tel and Lt. b6, b7C
75
Observations of delegation members.
76
b6
b6, b7C
Notes of delegation member
on conversations with detainees
b6, b7C
and
and on conversations with
of Pay Tel and Lt. b6, b7C
b6, b7C
b6
77
b6
Notes of delegation member
, on conversation with Lt. b6, b7C
78
Detention Operations Manual, Detainee Services, Standard 16, Section III.I.
79
Detention Operations Manual, Detainee Services, Standard 16, Section III.I.
80
Notes of delegation member
on conversation with Lt. b6, b7C .
b6
81
Wakulla County Detainee Handbook, p. 16.
82
Detention Operations Manual, Detainee Services, Standard 16, Section III.G.
73

November 5, 2007
Page 8
immigration case, calls relating to a family emergency, and calls to consular and embassy
officials.83
C.

Access to Library and Legal Material
1.

Library Access

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.”84 The Standards recommend 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.85 Each detainee shall be permitted to use the law library
for a minimum of five hours per week.86
The facility does not fully meet this section of the Standards; at times the library
and recreation schedules conflict, so detainees may not receive the minimum library time
unless they forego recreation. The Handbook provides that a detainee may use the library at
the times posted in the housing area.87 A posting in the housing area indicated two hour blocks
on Fridays, Saturdays and Sundays that each pod could visit the library, for a total of six
available library hours.88 However, the library and recreation schedules conflict at times, and
detainees must choose between the two activities.89
2.

Library Conditions

The Standards require that a facility provide a law library with sufficient space to
facilitate detainees’ legal research and writing.90 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.”91
The facility meets this section of the Standards. While the facility's law library is
small, it is well lit and is well-isolated from noise and foot traffic.92 The library provides access
to two computers and one typewriter, and contains at least two other tables and several chairs in
addition to those housing the computers and the typewriter.93 Additionally, the library is located
in an enclosed room that is free of distractions and noise.94
83

Wakulla County Detainee Handbook, p. 16.
Detention Operations Manual, Detainee Services, Standard 1, Section I.
85
Detention Operations Manual, Detainee Services, Standard 1, Section III.G.
86
Detention Operations Manual, Detainee Services, Standard 1, Section III.G.
87
Wakulla County Jail Inmate Handbook, p. 7.
88
Observations of delegation members.
89
b6
Notes of delegation members
and
, on conversations with detainees
b6
b6,
b7C
and
.
b6, b7C
90
Detention Operations Manual, Detainee Services, Standard 1, Section III.A.
91
Detention Operations Manual, Detainee Services, Standard 1, Section III.A.
92
Observations of delegation members.
93
Observations of delegation members.
94
Observations of delegation members.
84

b6, b7C

November 5, 2007
Page 9
3.

Materials Identified in the Detention Standards

The Standards require that all facility law libraries contain the materials listed in
Attachment A to the chapter on Access to Legal Materials.95 These materials must be updated
regularly, and information must be added on significant regulatory and statutory changes
regarding detention and deportation of aliens in a timely manner.96 Damaged or stolen materials
must be promptly replaced.97
The facility does not fully meet this section of the Standards; the library does not
contain all of the required materials, and hardbound copies are not up to date. The facility
provides its immigration detainees with computer and internet access to LexisNexis and
Westlaw98 In addition, the detainees have access to some hardbound legal resources.99 While
LexisNexis and Westlaw provide access to numerous legal materials, as well as current statutory
and regulatory information, most of the hardbound materials located in the library are not up to
date.100 In addition, the library does not contain all of the materials listed in Attachment A to the
chapter on Access to Legal Materials: the Florence Project's "Know Your Rights" packets are not
available in the library.101
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.102 Staff must inspect at least weekly to ensure
equipment is in working order and to stock sufficient supplies.103
The facility meets this section of the Standards. The facility has two computers and
one typewriter available in its law library.104 The facility provides detainees with paper and
office supplies to enable detainees to prepare documents for legal proceedings.105 The facility
does not provide diskettes for storage of electronic materials, but does allow detainees to save
materials to the hard drive of the computer.106
5.

Photocopies

95

Detention Operations Manual, Detainee Services, Standard 1, Section III.C.
Detention Operations Manual, Detainee Services, Standard 1, Section III.E.
97
Detention Operations Manual, Detainee Services, Standard 1, Section III.F.
98
Observation of delegation member
.
b6
99
b6
Notes of delegation member
on conversation with Lt. b6, b7C .
100
Observations of delegation members; notes of delegation member
, on conversation with Lt.
b6
96

b6, b7C

101

Notes of delegation member
, on conversation with Lt. b6, b7C ; observations of delegation
b6
members.
102
Detention Operations Manual, Detainee Services, Standard 1, Section III.B.
103
Detention Operations Manual, Detainee Services, Standard 1, Section III.B.
104
Observations of delegation members.
105
Notes of delegation member
on conversation with Lt.
b6, b7C
b6
106
Notes of delegation member
on conversation with Lt.

November 5, 2007
Page 10
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.107 Enough copies must be provided so that a detainee can
fulfill court procedural rules and retain a copy for his records.108 Facility personnel may not read
a document that on its face is clearly related to a legal proceeding involving the detainee.109
The facility meets this section of the Standards. Detainees at the facility may make
copies, at no charge, upon request to the staff.110 There is no limitation on copies made.111
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.112
The facility meets this section of the Standards. Detainees are permitted to assist other
detainees with research and writing.113
7.

Notice to Detainees

The Standards require that the detainee Handbook provide detainees with the rules and
procedures governing access to legal materials.114 The Standards require that the detainee
Handbook provide detainees with the rules and procedures for requesting legal reference
materials not located in the library, and for notifying a designated employee that library material
is missing or damaged.115 The Standards also require that the facility post these policies and
procedures in the library along with a list of the law library's holdings.116
The facility meets this section of the Standards. The Handbook specifies that
detainees may use the library during the hours posted for their individual pod.117 Also, the
library does contain a posting of the notice policies and a listing of the library's holdings.118
D.

Group Rights Presentations

The Standards requires that facilities holding ICE detainees “shall permit authorized
persons to make presentations to groups of detainees for the purpose of informing them of
United States immigration law and procedures, consistent with the security and orderly operation
107

Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
109
Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
110
Notes of delegation member
on conversation with Lt.
b6
b6, b7C
111
Notes of delegation member
on conversation with Lt.
112
Detention Operations Manual, Detainee Services, Standard 1, Section III.Q.
113
b6
Notes of delegation member
on conversation with Lt. b6, b7C
114
Detention Operations Manual, Detainee Services, Standard 1, Section III.Q.
115
Detention Operations Manual, Detainee Services, Standard 1, Section III.Q.
116
Detention Operations Manual, Detainee Services, Standard 1, Section III.Q.
117
Wakulla County Detainee Handbook.
118
Observation of delegation member
b6
108

November 5, 2007
Page 11
of each facility.”119 Informational posters are to be prominently displayed in the pods at least
forty-eight hours in advance of a scheduled presentation.120 While the presentations are open to
all detainees, the facility “may limit the number of detainees at a single session.”121 “The facility
shall select and provide an environment conducive to the presentation, consistent with
security.”122 In addition, detainees should have regular opportunities to view an “INS-approved
videotaped presentation on legal rights.”123
The facility substantially meets this section of the Standards; however, the facility
does not have a copy of the “Know Your Rights” video. According to the facility personnel,
there are no restrictions on group rights presentations.124 The facility will post flyers for groups'
rights presentations in the pods two days prior to the presentation, to notify the detainees of the
presentation.125 However, group rights presentations do not regularly occur at the facility.126 The
facility does not have a copy of the “Know Your Rights” video created by the Florence Project
and distributed by ICE.127
V.

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.128 General correspondence shall normally be opened and inspected for contraband in the
presence of the detainee, but may be opened and read outside the presence of the detainee if
security reasons exist for doing so.129 Special correspondence—which includes all written
communication to or from attorneys, legal representatives, judges, courts, government officials,
and the news media—should be treated differently.130 Incoming special correspondence can be
inspected for contraband only in the presence of the detainee, but it can never be read or
copied.131 Outgoing special correspondence cannot be opened, inspected, or read.132 The
detainee Handbook must specify how to address correspondence, the definition of special
correspondence and how it should be labeled, and the procedure for purchasing postage and rules

119

Detention Operations Manual, Detainee Services, Standard 9, Section I.
Detention Operations Manual, Detainee Services, Standard 9, Section III.C.
121
Detention Operations Manual, Detainee Services, Standard 9, Section III.C.
122
Detention Operations Manual, Detainee Services, Standard 9, Section III.E.
123
Detention Operations Manual, Detainee Services, Standard 9, Section III.I.
124
b6
Notes of delegation member
, on conversation with Lt. b6, b7C
125
Wakulla County Detainee Handbook, p. 19.
126
Notes of delegation member
on conversation with Lt.
b6
b6, b7C
127
Notes of delegation member
on conversation with Lt.
and conversations
b6, b7C
b6, b7C
with detainees
and
.
b6, b7C
128
Detention Operations Manual, Detainee Services, Standard 3, Section I.
129
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & E.
130
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B, E, & F.
131
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & E.
132
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & F.
120

November 5, 2007
Page 12
for providing indigent detainees free postage.133 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;
indigent detainees must be permitted to send at least five pieces of special correspondence and
three pieces of regular correspondence per week.134 Finally, the Standards require that facilities
notify detainees of specific information regarding correspondence policies.135
The facility does not fully meet this section of the Standards; indigent detainees are
not provided with enough stamps per week, and the Handbook does not contain
information related to correspondence. The facility provides all detainees with the Handbook,
which informs them of the facility’s correspondence policies.136 Incoming regular mail will be
opened and inspected for contraband, while legal mail will be opened in the presence of the
detainee.137 However, the Handbook does not provide the following information as required: 1)
“the definition of special correspondence, including instructions on the proper labeling for
special correspondence . . . [and a] state[ment] that it is the detainee’s responsibility to inform
senders of special mail of the labeling requirement”; 2) 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.”138 The Handbook states that indigent detainees will receive stamps and envelopes free
of charge, though it does not state that there is a limit to the quantity.139 Lt. b6, b7C informed
the delegation that indigent detainees are provided with three stamped envelopes and supplies
per week by noting on their commissary card their desire to receive the indigent packet.140 The
Handbook advises detainees to seal all outgoing mail before giving it to the housing officer.141
This information is consistent with information provided by detainees
b6, b7C
b6, b7C
b6, b7C
and
; however, Lt. b6, b7C informed the delega
general mail is searched. 42
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.143 Every detainee
133

Detention Operations Manual, Detainee Services, Standard 3, Sections III.B.
Detention Operations Manual, Detainee Services, Standard 3, Section III.I, and Standard 1, Section III.N.
135
Detention Operations Manual, Detainee Services, Standard 3, Section III.B.
136
b6
Notes of delegation member,
, on conversation with Lt. b6, b7C ; Wakulla County Detainee
Handbook, pp. 14-15.
137
Wakulla County Detainee Handbook, p. 15.
138
Detention Operations Manual, Detainee Services, Standard 3, Section III.B; Wakulla County Detainee
Handbook.
139
Wakulla County Detainee Handbook, p. 14.
140
b6
Notes of delegation member
, on conversation with Lt. b6, b7C
141
Wakulla County Detainee Handbook, p. 14.
142
b6
Notes of delegation member
, on conversation with Lt. b6, b7C
143
Detention Operations Manual, Detainee Services, Standard 6, Section I.
134

November 5, 2007
Page 13
should receive a copy of the Handbook upon admission to the facility.144 The Handbook will be
written in English and translated into Spanish and other prevalent languages as appropriate.145
The Handbook must include visitation hours and rules.146 Further, the Handbook must notify
detainees of the facility correspondence policy.147 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.148 The Handbook must provide notice of the facility’s rules of
conduct and the sanctions imposed.149 It must also advise detainees of rights including the right
to protection from abuse, right to freedom from discrimination, and right to pursue a
grievance.150 Finally, the Handbook must also state that detainees have the opportunity to submit
written questions, requests, or concerns to ICE staff and the procedures for doing so.151 The
Officer in Charge will provide a copy of the Handbook to every staff member who has contact
with detainees.152
The facility substantially meets this section of the Standards, although detainees
only received the Handbook after several months at the facility. The Handbook is written in
English and Spanish.153 The Handbook includes procedures for filing grievances, appealing
grievance decisions, sanctions to be imposed for improper conduct, and provisions advising that
the detainees have the opportunity to submit written questions, requests, or concerns to ICE staff
and the procedures for doing so.154 Required provisions that are not included in the Handbook
are described in other sections of this report regarding correspondence and disciplinary policy.
The detainees only received the Handbook approximately one month before the delegation visit,
and the detainees who mentioned this had been at the facility for more than six months.155
C.

Recreation

The Standards require that all detainees have access to recreational programs and
activities, under conditions of security and safety.156 Detainees should be housed in facilities
with outdoor recreation.157 If a facility only provides indoor recreation, detainees must have
access for at least one hour per day, including exposure to natural light.158 Detainees should
144

Detention Operations Manual, Detainee Services, Standard 6, Section I.
Detention Operations Manual, Detainee Services, Standard 6, Section III.E.
146
Detention Operations Manual, Detainee Services, Standard 17, Section III.B.
147
Detention Operations Manual, Detainee Services, Standard 3, Section III.B.
148
Detention Operations Manual, Detainee Services, Standard 5, Section III.G.
149
Detention Operations Manual, Security and Control, Standard 5, Section III.A.5.
150
Detention Operations Manual, Security and Control, Standard 5, Section III.A.5.
151
Detention Operations Manual, Detainee Services, Standard 15, Section III.B.3.
152
Detention Operations Manual, Detainee Services, Standard 6, Section III.G.
153
Wakulla County Detainee Handbook, p. 18.
154
Wakulla County Detainee Handbook, p. 18.
155
b6, b7C
Notes of delegation member
on conversation with detainees
b6
b6, b7C
and
.
156
Detention Operations Manual, Detainee Services, Standard 13, Section I.
157
Detention Operations Manual, Detainee Services, Standard 13, Section III.A, which also provides that “all new or
renegotiated contracts and IGSAs will stipulate that INS detainees have access to an outdoor recreation area.”
158
Detention Operations Manual, Detainee Services, Standard 13, Section III.B.
145

November 5, 2007
Page 14
have access to “fixed and movable equipment,” including opportunities for cardiovascular
exercise, and games and television in dayrooms.159 Under no circumstances will a facility
require detainees to forego law library privileges for recreation privileges.160
The facility does not fully meet this section of the Standards; at times detainees must
forego either law library privileges or recreation privileges. The facility has an outdoor
recreation area.161 The detainees are provided access to outside recreation one hour per day.162
The Handbook contains an error as it provides that "detainees, weather permitting, will be
provided three (3) hours of recreation per week."163 The detainees are at times required to forego
law library privileges or recreation privileges, when the rotating schedules for these activities
conflict.164
The facility has fixed pull-up bars located in the outside recreation area.165 The
delegation was informed that the facility does not provide movable equipment, such as bar bells
and free weights, for safety purposes.166 Detainees noted that they have repeatedly requested
sporting equipment such as soccer balls and basketballs, yet no such equipment has been
provided to date.167
D.

Access to Medical Care

The Standards require that all detainees have access to medical services that promote
detainee health and general well-being.168 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.169 Facilities must also have procedures in place to provide
emergency medical care for detainees who require it.170 If a detainee is diagnosed as having a
medical or psychiatric condition requiring special attention (e.g., special diet), the medical care
provider is required to notify the Officer in Charge in writing.171
The facility appears to meet this section of the Standards. A nurse is present at the
facility and makes rounds twice per day.172 Contract doctors are available as are contract mental
159

Detention Operations Manual, Detainee Services, Standard 13, Section III.G.
Detention Operations Manual, Detainee Services, Standard 13, Section III.B.
161
b6
b6
Observation of delegation members
and
162
Notes of delegation member
, on conversations with Lt. b6, b7C and detainee
b6
160

b6, b7C

b6, b7C

163

Wakulla County Jail Inmate Handbook, p. 10.
b6
n members
and
, on conversation with detainees
b6
b6, b7C
b6,
b7C
and
165
b6
b6, b7C
Notes of delegation member
on conversation with detainee
166
b6
Notes of delegation member
, on conversation with Lt. b6, b7C
167
b6, b7C
Not
ion member
on conversations with detainees
b6
b6, b7C
and
.
168
Detention Operations Manual, Health Services, Standard 2, Section I.
169
Detention Operations Manual, Health Services, Standard 2, Section III.F.
170
Detention Operations Manual, Health Services, Standard 2, Sections III.A, D, and G.
171
Detention Operations Manual, Health Services, Standard 2, Section III.J.
172
b6
Notes of delegation member
, on conversation with Nurse b6, b7C and Lt. b6, b7C
164

b6, b7C

November 5, 2007
Page 15
health providers.173 Independent medical service providers and experts are allowed to visit if the
nurse or doctor indicates it is necessary.174 For non–English-speaking detainees, the facility may
use other detainees to interpret for medical screening and other medical issues.175 If there is a
medical emergency the detainee will be taken to the emergency room at the local hospital.176
The facility does not have mental health care on site, but detainees have access to Wakulla
Health Facility for mental health screenings, and those who require more than outpatient care are
promptly transferred to a different facility better equipped to care for the detainee.177
E.

Access to Dental Care

The Standards require that detainees have an initial dental screening exam within
fourteen days of the detainee’s arrival and require the facility to provide a number of services,
including emergency dental treatment and repair of prosthetic appliances.178 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.179
The facility does not fully meet this section of the Standards; the detainees do not
receive the required initial dental screening.180 If dental care is needed, the facility will make
arrangements with a local dentist to provide the necessary dental care, either in the facility or at
his local office.181
F.

Detainee Classification System

The Standards require that detention facilities use a classification system and physically
separate detainees in different categories according to prior history of aggressive or criminal
behavior.182 Detainees must be assigned to the least restrictive housing unit consistent with
facility safety and security.183 A detainee’s classification is to be determined using objective
criteria, including criminal offenses, escape attempts, institutional disciplinary history, and
violent incidents.184 Classification is required to separate detainees with minimal criminal
records from detainees with serious criminal records.185 Detainees with a history of assault or
173

Notes of delegation member
on conversation with Nurse
and Lt.
Notes of delegation member
on conversation with Nurse
and Lt.
b6, b7C
175
b6
Notes of delegation member
on conversation with Nurse
and Lt.
176
Notes of delegation member
on conversation with Nurse
and Lt.
177
Notes of delegation member
on conversation with Lt. Bradford.
178
Detention Operations Manual, Health Services, Standard 2, Section III.E.
179
Detention Operations Manual, Health Services, Standard 2, Section III.E.
180
Notes of delegation member
on conversation with detainees
b6
b6, b7C
b6, b7C
, and
Notes of delegation member
, on conversation with Lt. b6, b7C
b6
182
Detention Operations Manual, Detainee Services, Standard 4, Section I.
183
Detention Operations Manual, Detainee Services, Standard 4, Section III.F.
184
Detention Operations Manual, Detainee Services, Standard 4, Section III.D.
185
Detention Operations Manual, Detainee Services, Standard 4, Sections III.A & E.
174

b6, b7C

b6, b7C

November 5, 2007
Page 16
combative behavior are not to be housed with non-assaultive detainees.186 All facility
classification systems shall allow classification levels to be reevaluated and include procedures
by which new arrivals can appeal their classification levels.187 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.188
The facility meets this section of the Standards. All detainees and inmates are
classified when they first arrive at the facility.189 The classification system is to ensure that a
detainee is placed in the appropriate category and physically separated from detainees in other
categories.190 A detainee will be housed, recreated, and fed with other detainees in his or her
classification.191 Detainees are classified within the facility generally in accordance with their
risk.192 There are four levels of classification: Level one, Level two-low, Level two-high, and
Level three.193
Level one consists of detainees with an immigration violation, but no criminal history or
a mere misdemeanor.194 Level two-low consists of detainees with some criminal history but
nothing in their records to indicate aggressive crimes or behavior.195 The Level two-high
classification consists of detainees who have some criminal history that contains aggressive
crimes or behavior.196 Finally, Level three contains detainees with serious or violent criminal
histories.197
Detainees of differing classifications may be housed together according to a regulated
housing procedure.198 Level one and Level two-low detainees may be housed together. Detainees
classified as Level two-low or Level two-high may be housed together.199 Similarly, Level twohigh and Level three detainees may be housed together.200 However, Level one and Level three

186

Detention Operations Manual, Detainee Services, Standard 4, Section III.F.
Detention Operations Manual, Detainee Services, Standard 4, Sections III.G & H.
188
Detention Operations Manual, Detainee Services, Standard 4, Section III.I.
189
b6
Wakulla County Detainee Handbook, p. 6; notes of delegation member
on conversation with
Lt. b6, b7C and Lt. b6, b7C .
190
b6
Notes of delegation member
on conversation with Lt. b6, b7C and Lt. b6, b7C
191
Wakulla County Detainee Handbook, pp. 6-7.
192
b6
Notes of delegation member
, on conversation with Lt. b6, b7C and Lt. b6, b7C
193
Wakulla County Detainee Handbook, p. 6.
194
Wakulla County Detainee Handbook, p. 6.
195
Wakulla County Detainee Handbook, p. 6; notes of delegation member
, on conversation with
b6
Lt. b6, b7C .
196
Notes of delegation member
, on conversation with Lt.
197
b6
Notes of delegation member
, on conversation with Lt. b6, b7C
198
Notes of delegation member
, on conversation with Lt.
199
b6
W
unty Detainee Handbook, p. 6; notes of delegation member
on conversation with
Lt. b6, b7C and Lt. b6, b7C .
200
Wakulla County Detainee Handbook, p. 6; notes of delegation member
, on conversation with
b6
Lt. b6, b7C and Lt. b6, b7C
187

November 5, 2007
Page 17
detainees may never be housed together and may never interact with each other.201 Level three
detainees must be escorted by a guard whenever they are outside the housing unit.202 The
Handbook includes the classification criteria as well as classification appeals procedure.203
G.

Disciplinary Policy

The Standards state that facility authorities “will impose disciplinary sanctions on any
detainee whose behavior is not in compliance with facility rules and procedures” in order “to
provide a safe and orderly living environment.”204 Each facility holding ICE detainees must
have a detainee disciplinary system which has “progressive levels of reviews, appeals,
procedures, and documentation procedures.”205 The disciplinary policy must clearly define
detainee rights and responsibilities, and any disciplinary action taken must not be capricious or
retaliatory.206 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.”207 Officers who witness a prohibited act must prepare and submit
an incident report.208 The Standards provide that all incident reports filed by officers must be
investigated within twenty-four hours of the incident.209 The Detainee Handbook must notify
detainees of the disciplinary process, the prohibited acts and disciplinary severity scale, and the
procedure for appeals.210 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.211
The facility substantially meets this section of the Standards; however, the
Handbook does not notify detainees of their right to protection from abuse and
discrimination. The Handbook contains a "Rights and Responsibilities" section as well as a
"Prohibited Acts and Sanctions" section which provides detainees with a list of prohibited acts
and related sanctions.212 The Handbook also contains provisions notifying the detainees of the
disciplinary process and the procedure for appeals.213 However, the handbook does not notify
detainees of their right to protection from abuse, harassment, and discrimination.214

201

b6
Wakulla County Detainee Handbook, p. 6; notes of delegation member
Lt. b6, b7C and Lt. b6, b7C
202
b6
Notes of delegation member
, on conversation with Lt. b6, b7C .
203
Wakulla County Detainee Handbook, pp. 6-7.
204
Detention Operations Manual, Security and Control, Standard 5, Section I.
205
Detention Operations Manual, Security and Control, Standard 5, Section III.A.1.
206
Detention Operations Manual, Security and Control, Standard 5, Sections III.A.1 & 2.
207
Detention Operations Manual, Security and Control, Standard 5, Section III.A.3.
208
Detention Operations Manual, Security and Control, Standard 5, Section III.B.
209
Detention Operations Manual, Security and Control, Standard 5, Section III.B & C.
210
Detention Operations Manual, Security and Control, Standard 5, Section III.L.
211
Detention Operations Manual, Security and Control, Standard 5, Section III.A.5.
212
Wakulla County Detainee Handbook, pp. 3-4, 20-29.
213
Wakulla County Detainee Handbook, p.29.
214
Wakulla County Detainee Handbook.

on conversation with

November 5, 2007
Page 18
b6, b7C
According to information provided by Lt. b6, b7C and detainees
b6, b7C
and
the facility does not take any disciplinary action that is
capricious or retaliatory. The facility takes action such as using segregation or hands-on force
when necessary.216 The facility does not use Tasers on detainees; rather, the facility is currently
awaiting authorization to use mace in situations where all reasonable efforts to resolve a situation
have failed.217
A.
Special Management Unit
b6, b7C

The Standards suggest that each facility establish a Special Management Unit (“SMU”)
that will isolate certain detainees from the general population.218 The Standards for
Administrative and Disciplinary Segregation differ somewhat from one another, but both provide
for legal access and other protections. All cells in the SMU must be well ventilated,
appropriately heated, and sanitary, and must be equipped with beds.219 Recreation shall be
provided to detainees in segregation in accordance with the “Recreation” standard.220 Access to
the law library shall generally be granted to detainees in segregation.221 Detainees generally
retain visiting privileges while in disciplinary segregation, and may not be denied legal
visitation.222 Detainees in administrative segregation generally have the same telephone
privileges as other detainees,223 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.224
The delegation was unable to determine whether the facility fully meets the SMU
Standards, because delegation members did not observe the segregated pod for SMU
detainees. Facility staff indicated that detainees in the SMU may receive visits from attorneys
and recreation time, and are allowed to make phone calls to their attorney and consulate
(although there is no phone in the SMU pod similar to other facility pods).225 The detainees in
the SMU have limited store privileges and can only buy hygiene items.226
215

b6
Notes of delegation member
, on conversations with Lt. b6, b7C and detainees
b6, b7C
b6, b7C
and
b6, b7C
216
b6
Notes of delegation member
, on conversations with Lt. b6, b7C and detainees
b6, b7C
b6, b7C
and
.
b6, b7C
217
b6, b7C
Notes of delegation member
on conversations with Lt. b6, b7C and detainees
b6
b6, b7C
b6, b7C
and
218
Detention Operations Manual, Security and Control, Standard 14, Section I.
219
Detention Operations Manual, Security and Control, Standard 13, Section III.D.2, and Standard 14, Section
III.D.6.
220
Detention Operations Manual, Security and Control, Standard 13, Section III.D.8, and Standard 14, Section
III.D.13.
221
Detention Operations Manual, Security and Control, Standard 13, Section III.D.18, and Standard 14, Section
III.D.15.e.
222
Detention Operations Manual, Security and Control, Standard 13, Section III.D.13 & 14, and Standard 14,
Section III.D.17.
223
Detention Operations Manual, Security and Control, Standard 13, Section III.D.16.
224
Detention Operations Manual, Security and Control, Standard 14, Section III.D.19.
225
Notes of delegation member
, on conversation with Lt.
.
b6
b6, b7C
226
Notes of delegation member
, on conversation with Lt.
.

November 5, 2007
Page 19
I.

Staff-Detainee Communication/ICE Presence at the Facility

The Standards require that facility procedures “allow for formal and informal contact
between key facility staff and ICE staff and ICE detainees and to permit detainees to make
written requests to ICE staff and receive an answer in an acceptable time frame.”227 The
Standards recommend that weekly visits be conducted by ICE personnel and that “regular
unannounced (not scheduled) visits” are conducted by the ICE OIC, the Assistant OIC, and
designated department chairs.228 Unannounced visits to the facility’s housing areas must be
conducted on a regular basis.229 The purpose of such visits is to monitor housing conditions,
interview detainees, review records, and answer questions for detainees who do not comprehend
the immigration removal process.230 The Standards also require that detainees “have the
opportunity to submit written questions, requests, or concerns to ICE staff,” which “shall be
delivered to ICE staff by authorized personnel (not detainees) without reading, altering, or
delay.”231 All facilities that house ICE detainees must have “written procedures to route detainee
requests to the appropriate ICE official” and must assist detainees “who are disabled, illiterate, or
know little or no English.”232 Moreover, the Standards suggest that detainee requests be
forwarded to the appropriate ICE office within 72 hours and “answered as soon as possible or
practicable, but not later than 72 hours from receiving the request.”233
The facility appears to meet this section of the Standards. The Handbook contains
information setting forth the procedures for detainees to contact ICE staff.234 The ICE officers
also visit the detainees pursuant to written requests.235 The ICE officers also have informal
contact with the detainees due to their on-site presence at the facility.236
J.

Religious Practices

The Standards require that detainees of different religious beliefs be provided with
reasonable and equitable opportunities to participate in the practices of their respective faiths.237
According to the Standards, these “opportunities will exist for all equally, regardless of the
number of practitioners of a given religion, whether the religion is ‘mainstream,’ whether the
religion is ‘Western’ or ‘Eastern,’ or other such factors. Opportunities will be constrained only
by concerns about safety, security, the orderly operation of the facility, or extraordinary costs
associated with a specific practice.”238 Moreover, a facility’s staff shall make “all reasonable

227

Detention Operations Manual, Detainee Services, Standard 15, Section I.
Detention Operations Manual, Detainee Services, Standard 15, Section III.A.
229
Detention Operations Manual, Detainee Services, Standard 15, Section III.A.1.
230
Detention Operations Manual, Detainee Services, Standard 15, Section III.A.
231
Detention Operations Manual, Detainee Services, Standard 15, Section III.B.
232
Detention Operations Manual, Detainee Services, Standard 15, Section III.B.
233
Detention Operations Manual, Detainee Services, Standard 15, Section III.B.1.
234
Wakulla County Detainee Handbook, p. 18.
235
Notes of delegation member
on conversation with Lt.
b6
236
Notes of delegation member
on conversation with Lt.
237
Detention Operations Manual, Detainee Services, Standard 14, Section I.
238
Detention Operations Manual, Detainee Services, Standard 14, Section I.
228

b6, b7C

November 5, 2007
Page 20
efforts to accommodate” special food services required by a detainee’s particular religion.239
Detainees in confinement must be permitted to participate in religious practices, consistent with
the safety, security, and orderly operation of the facility.240
The facility appears to meet this section of the Standards. The "Rights and
Responsibilities" section states that detainees have the right to religious freedom, though the
Religious Services section of the Handbook has been blacked out.241 The facility provides
reasonable and equitable opportunities to participate in the practices of their respective faiths.242
The Handbook provides that detainees may keep small religious items in their pods, such as
prayer rugs, headgear, and soft-covered Bibles.243 This is consistent with the information
b6, b7C
provided by Chaplain b6 and detainees
and b6, b7C
244
b6, b7C .
The facility
akes reasonab
d services. 5
Because so many detainees have requested a non-pork diet, the facility recently adopted a nonpork diet for all detainees.246 The facility also provides a kosher diet to Jewish detainees.247 The
b6, b7C
facility has not met the dietary requests of detainee
who practices the Rastafarian
248
religion.
B.

Detainee Transfer

When transferring a detainee, the Standards require ICE to consider whether a detainee is
represented before a particular immigration court, and the location of the attorney and the
court.249 The Standards require ICE to notify a detainee’s legal representative of record that the
detainee is being transferred.250 Indigent detainees will be permitted to make a single domestic
telephone call at government expense upon arrival at their final destination; non-indigent
detainees will be permitted to make telephone calls at their own expense.251 Records including
the detainee’s Alien File (“A-file”) and health records (or transfer summary for IGSAs) must
accompany the detainee.252 Prior to transfer, medical personnel must provide the transporting
officers with instructions and any applicable medications for the detainee’s care; medications

239

Detention Operations Manual, Detainee Services, Standard 14, Section III.M.
Detention Operations Manual, Detainee Services, Standard 14, Section III.O.
241
Wakulla County Detainee Handbook, p.p. 3, 17.
242
b6
Notes of delegation member
on conversations with Chaplain b6 and detainees
b6, b7C
and
b6, b7C
b6, b7C
243
Wakulla County Detainee Handbook, p. 5.
244
b6, b7C
b6
n member
, on conversations with Chaplain b6 and detainees
b6, b7C
b6,
b7C
and
245
b6
Notes of delegation member,
, on conversations with Chaplain b6, b7C Lt. b6, b7C and detainees
b6, b7C
b6, b7C
and
246
Notes of delegation member
on conversations with Chaplain b6 and Lt. b6, b7C
247
b6
Notes of delegation member
on conversation with Chaplain b6
248
Notes of delegation member
on conversation with detainee
b6, b7C
249
Detention Operations Manual, Security and Control, Standard 4, Section I.
250
Detention Operations Manual, Security and Control, Standard 4, Section III.A.
251
Detention Operations Manual, Security and Control, Standard 4, Sections III.G.
252
Detention Operations Manual, Security and Control, Standard 4, Sections III.D.1 & 6.
240

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November 5, 2007
Page 21
must be turned over to an officer at the receiving field office.253 A detainee’s legal materials,
cash, and small valuables must accompany the detainee to the receiving facility; larger items
may be shipped.254
The facility meets this section of the Standards. Although the detainees are not
allowed to make telephone calls immediately after detention center processing, the detainees are
allowed to make calls on the preprogrammed telephones located in the pods after the incoming
detainee is processed.255 Indigent detainees can make one free call.256 When a detainee is
transferred to another facility, the detainee's medical records and personal belongings are
transferred along with the detainee to the receiving facility.257 The facility assumes no
responsibility for notifying family or attorneys of a detainee's transfer.258 According to Lt.
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such notification responsibilities lie with ICE.259 However, for security reasons, no one
is notified that the detainee is being transferred prior to the actual move.260
VI.

CONCLUSION

The Wakulla County Detention Facility meets most of the requirements of several of the
ICE Detention Standards, but fails to meet a number of sections.
To provide appropriate telephone access to detainees, the facility should not record or
monitor, in any matter whatsoever, legal phone calls (absent a court order).
To support the detainees’ access to legal materials and legal representation, the facility
should provide indigent detainees with sufficient stamps and supplies for five pieces of legal
mail per week, as well as three pieces of general correspondence. The facility should obtain and
provide access to all of the legal materials listed in the Standards in their law library, particularly
updated and current law volumes. Detainees should not be required to choose between law
library time and recreation time.
To provide sufficient guidance and information to the detainees, the Wakulla County
Detainee Handbook needs to be expanded to include the required information and procedures
required by the Standards, including, but not limited to the following:
•

Information on special correspondence, how to obtain writing materials, and how to
purchase postage;

•

Detainees’ right to protection from abuse, harassment, and discrimination.

# 4706323_v1

253

Detention Operations Manual, Security and Control, Standard 4, Section III.D.D [sic].
Detention Operations Manual, Security and Control, Standard 4, Section III.E.
255
Notes of delegation member
on conversation with Lt.
and Agent
256
Notes of delegation member
on conversation with Lt.
and Agent
257
Notes of delegation member
on conversation with Lt.
and Agent
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258
Notes of delegation member
on conversation with Lt.
259
Notes of delegation member
on conversation with Lt.
260
Notes of delegation member
on conversation with Lt.
254

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, and

b6

,

b6

,

b6

b6

b6

b6

Facility Name: WAKULLA COUNTY DETENTION FACILITY, Crawfordville, Florida
Date of Tour: July 24, 2007
Tour Participants: Holland & Knight LLP attorneys and summer associates
b6

*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.

Standard 17, Visitation
ƒ III.H.1. To the extent practicable, the facility shall
accommodate the scheduling needs of visitors for whom
weekends and holidays pose a hardship.
Standard 16, Telephone Access
ƒ III.J. The facility shall ensure privacy for detainees’
telephone calls regarding legal matters. For this
purpose, the facility shall provide a reasonable number
of telephones on which detainees can make such calls
without being overheard by officers, other staff or
other detainees. Facility staff shall not electronically
monitor detainee telephone calls on their legal matters,
absent a court order.
Standard 1, Access to Legal Material
ƒ III.C. The law library shall contain the materials listed
in Attachment A. … The facility shall post a list of its
holdings in the law library.

ƒ

The facility does not accommodate hardship visits.
(p.5 ¶1)

Lt.
deta
and

ƒ

Telephones where detainees make outgoing calls
are located out in the open, with no partitions.
(p.7 ¶2)
All phone conversations made on the phones
located in the pods are automatically recorded
and monitored. (p.7 ¶2)

Delegation
observations.
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Mr.
(Pay Tel); Lt.

Delegation
ons; Lt.
.
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ABA Commission on Immigration - Detention Standards Implementation Initiative

Delegation
ns; Lt.
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ƒ

Most of the hardbound materials located in the
library are not up to date. (p.9 ¶2)
The library does not contain all of the materials
listed in Attachment A to the chapter on Access
to Legal Materials: the Florence Project's
"Know Your Rights" packets are not available
in the library. (p.9 ¶2)

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detainees
and
ƒ

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ƒ

ICE Response

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3.

Source

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2.

Delegation Report

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1.

ICE Standard*

4/14/08

1

b6, b7C

The library and recreation schedules conflict at
times, and detainees must choose between the
two activities. (p.8 ¶3)

Deta
and

ƒ

The facility does not have a copy of the “Know
Your Rights” video created by the Florence
Project and distributed by ICE. (p.11 ¶2)

Lt.
detainees

ƒ

The Handbook does not provide the following
information as required: “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”; that identity documents, such as
passports and birth certificates, are contraband and
may be rejected by the facility; instructions about
“how to obtain writing implements, paper, and
envelopes”; and “the procedure for purchasing
postage (if any), and the rules for providing indigent
and certain other detainees free postage.” (p.12 ¶2)

Wakulla County
Detainee
Handbook.

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b6, b7C

ABA Commission on Immigration - Detention Standards Implementation Initiative

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6.

ƒ

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5.

Standard 1, Access to Legal Material
ƒ 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 per week. Detainees may not be forced to
forgo their minimal recreation time, as provided in
“Detainee Recreation,” standard to use the law
library.
ƒ III.M. Detainees housed in … Segregation units shall
have the same law library access as the general
population, unless compelling security concerns
require limitations.
Standard 9, Group Presentations on Legal Rights
ƒ III.I. Videotaped presentations. The facility shall play
[ICE]-approved videotaped presentations on legal
rights, at the request of outside organizations. … The
facility shall provide regular opportunities for
detainees in the general population to view the
videotape.
Standard 3, Correspondence and Other Mail
ƒ III.B. The facility shall notify detainees of its policy in
correspondence and other mail through the detainee
handbook or equivalent … [and] shall specify: … 5. The
definition of special correspondence, including
instructions on the proper labeling for special
correspondence, without which it will not be treated as
special mail [and a] state[ment] 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 … The notification will
state that identity documents, such as passports, birth
certificates, etc., are contraband and may be used by the
INS as evidence or as otherwise appropriate. 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 ….

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4.

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2

ƒ

The detainees only received the Handbook
approximately one month before the delegation
visit, and the detainees who mentioned this had
been at the facility for more than six months. (p.13
¶2)

Detainees
and

ƒ

The detainees do not receive the initial required
dental screening. (p.15 ¶3)

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ABA Commission on Immigration - Detention Standards Implementation Initiative

e

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Lt.

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Lt.
informed the delegation that
indigent detainees are provided with only three
stamped envelopes and supplies per week. (p.12
¶2)

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ƒ

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9.

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8.

Standard 1, Access to Legal Material
ƒ III.N. The facility will provide indigent detainees with
free envelopes and stamps for mail related to a legal
matter….
Standard 3, Correspondence and Other Mail
ƒ III.I. Postage Allowance. Indigent detainees will be
permitted to mail a reasonable amount of mail each
week, including at least five pieces of special
correspondence and three pieces of general
correspondence.
ƒ III.J. The facility shall provide writing paper, writing
implements, and envelopes at no cost to detainees.
Standard 6, Detainee Handbook
ƒ I. Every OIC 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 of this handbook upon admission to the facility.
ƒ III.B. The overview will briefly describe individual
programs and services and associated rules … includ[ing]
… telephone use ….
ƒ III.D. The handbook will list detainee rights and
responsibilities.
ƒ III.E. The handbook will be written in English and
translated into Spanish and, if appropriate, into the next
most-prevalent language(s) among the facility’s detainees.
The OIC will provide translation assistance to detainees
….
ƒ III.H. The OIC will provide a copy of the handbook to
every staff member who has contact with detainees….
Health Services Standard 2, Medical Care
ƒ III.E. Dental Treatment. An initial dental screening exam
should be performed within 14 days of the detainee’s
arrival.

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7.

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3

10. Security and Control Standard 5, Disciplinary Policy
ƒ III.A.5. The detainee handbook or equivalent, issued to
each detainee upon admittance, shall provide notice of the
facility’s rules of conduct … Among other things, the
handbook shall advise detainees of the following: a. The
right to protection from personal abuse, corporal
punishment, unnecessary or excessive use of force,
personal injury, disease, property damage, and
harassment; ….

ƒ

The handbook does not notify detainees of their
right to protection from abuse, harassment, and
discrimination. (p.17 ¶3)

ABA Commission on Immigration - Detention Standards Implementation Initiative

Wakulla County
Detainee
Handbook.

4/14/08

4