Detention Standards Implementation Initiative

ABA Commission on Immigration

Facility Name: York County Prison Facility (YCP); York, Pennsylvania
Date of Tour:
summer aSSOClaIeS

ICE Standard

ICE Standard

Delegation Observation

Source

Visitation
(Standard 17)

111.1, § 14 - "INS shall provide the
facility with the official list of pro
bono legal organizations,
which is updated quarterly by the
EOIR. The facility shall promptly
and prominently post the current
list in detainee housing units and
other appropriate areas."
III.G - "Detainees in the
Behavioral Adjustment Unit
should be allowed to make
direct/free calls, except under
compelling security conditions"

•

Although detainees reported
receiving lists of pro bono
attorneys, interviews indicated that
these lists are often out of date,
making it difficult to contact pro
bono counsel. (p. 4, line 19)

•

•

Detainees placed in the Behavioral
Adjustment Unit are not allowed
to place any calls. (p. 7, line 20)

Telephone Access
(Standard 16)

According to
detainee
interviews

ICE
Response

Detention Standards Implementation Initiative

Issuance of
Clothing
(Standard 10)

-----

ABA Commission on Immigration

III.E - "Detainees must be allowed
to make certain direct calis,
including calls placed to the local
immigration court and the Board
ofImmigration Appeals, federal
and state courts where the detainee
is or may become involved in a
legal proceeding, consular
officials, legal service providers
and government officials to obtain
documents necessary for the
detainee's case, and in personal
family emergencies if the detainee
demonstrates a compelling need."

• Detainees are permitted one free

III.E - Detainees shall be provided
with clean clothing, linen and
towels on a regular basis to ensure
proper hygiene. Socks and
undergarments will be exchanged
daily, outer garments at least twice
weekly and sheets, towels, and
pillowcases at least weekly."

•

•

•

•

local or long distance domestic
call when they enter YCP.
Thereafter, detainees may only
place collect calls. (p. 8, lineA)
Detainees may place an initial call
to an attorney or consulate through
their block counselor. All other
calls must be placed collect. (p. 8,
line 12)
The delegation learned that a gym
is used for low security female
detainees has PCS phones,
however they are only accessible
to the women housed in the gym
(p8, line 20)
YCP detainees are not provided
any undergarments at all.
Detainees are forced to either go
without undergarments or buy
undergarments from the
commissary (p. 25, line 17)
-

According to
detainee
interviews

.

MEMORANDUM
To:

Victor Cerda, Acting Director, Office of Detention and Removal

From: American Bar Association Detention Standards Implementation Initiative Delegation to
the York County Prison Facility in York, Pennsylvania 1
Re:

Report on Observations during a General Tour of the York County Prison facility in
York, Pennsylvania

Cc:

ABA Commission on Immigration

Date: August 18,2004

This memorandum summarizes and evaluates information gathered at the York
County Prison ("YCP or "Prison") in York, Pennsylvania during the delegation's July 21,2004
visit to the facility. The information was gathered via observation of the facility by the
delegation and interviews with immigration detainees as well as YCP and Immigration and
Customs Enforcement ("ICE") personnel.

I.

OVERVIEW OF ICE DETENTION STANDARDS

In November 2000, the Immigration and Naturalization Service (the "INS,,)2
promulgated Standards (the "Standards") to insure the "safe, secure and humane treatment" of
immigration detainees. The thirty-six standards contained in the Detention Operations Manual
cover a broad spectrum of issues ranging from visitation policies to grievarice procedures and
food service. These standards apply to ICE-operated detention centers and other facilities that
house immigration detainees as part of a contract or intergovernmental service agreement
("I GSA").
The Standards went into effect at detention facilities on January 1,2001. The INS
intended to phase in the Standards in all of its contract and IGSA facilities by December 31,
2002. The Standards were intended to constitute a ''floor,'' and not a "ceiling," for treatment of
immigration detainees. In other words, they are meant to establish the minimal requirements that
the INS (now ICE) must adhere to in its facilities. Each Field Officer or Officer in Charge
("OlC") may, in his or her discretion, promulgate policies and practices affording ICE detainees
more enhanced rights and protections than those provided for by the Standards.

I

The delegation was comprised of Ballard
an
nd summer aSS()Clalte!

2

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

PHL_A #1906791 v4

II.

INTRODUCTION
A.

The Delegation's July 21,2004 Visit

·On Wednesday, July 21, 2004, the members of our delegation met with several
members ofYCP's staff as
employed at.the facility. Our delegation
Supervisory Detention and
.
ork County Prison
the facilities, and the pos
JetentLOn and Deportation
York County Prison Deputy
The delegatIOn appreCIates the cooperation of these individuals. They were
accommodating during our tour of the facility and in response to post-tour requests for
additional information.
Our report is based on the discussions we had with these YCP and ICE
employees, as well as observations of the facility and interviews with seven immigration
detainees. In many instances, detainee reports were compatible with statements made by facility
personnel and/or our observations. In such cases, the delegation was able to conclusively
determine whether YCP policy and procedures met the Standards. However, in certain instances,
detainee reports conflicted with statements made by facility personnel. Where we were unable to
verify the conflicting reports, the delegation was unable to conclusively determine whether the
Standards had been implemented.

B.

General Information About the York County Prison Facility

The YCP houses immigration detainees through an IGSA with ICE. According to
YCP personnel, the Prison has the capacity to hold up to 1,200 individuals but currently houses
only 596 detainees. yep accommodates both male and female detainees. According to yep
personnel, the female portion of the immigrant detainee population at the Prison generally ranges
from 4% to.10%.
YCP officials stated that the prison's detainee population consists primarily of
individuals from the Dominican Republic, Mexico and Jamaica, although detainees from Haiti,
Guatemala, Honduras, China and other nations are also present.
It appears that, although the large majority of immigration detainees housed at
YCP have criminal records, some of the detainees have no criminal history of any kind. There
was some confusion about this fact during our visit. At the preliminary meeting before the tour
of the facility, YCP personnel informed delegation members that all but four of the 596 detainees
held at yep were classified as criminal detainees. During the interviews of the detainees,
however, a number of the detainees asserted that many detainees, in fact, have not been
convicted of any crimes. At the post-tour follow-up discussion with YCP personnel, delegation
members brought up the inconsistency. yep staff sought and analyzed their inmate records and
confIrmed that approximately sixty of the detainees currently housed at YCP had no criminal
history.

PHL_A#I906791 v4

2

yep currently receives from the federal government $47.41 per day per detainee,
although under a recently finalized new contract that figure will rise to $56.52 per day per
detainee. Assuming an average daily total of 600 immigration detainees, yep will receive
approximatel y $1,017,000 per month under the new contract.
C.

Executive Summary of Observations

In general, yep's implementation of the Standards is satisfactory, but there are
some areas where improvement can be made:

•

VlSitation hy Attorneys: YCP's performance generally meets the Standards but
the attorney visitation policy should be included in either the Inmate Information
Sheet or Inmate Handbook.

•

Visitation by Family and Friends: yep's policies are generally flexible and
meet the Standards, but the visitor list should either be expanded or eliminated
and yep should put in writing its policy regarding hardship exceptions to the
visitation rules.

•

Telephone Access: YCP does not allow free, direct calls to legal representatives
and does not provide for confidentiality or privacy of legal calls.

•

Legal Materials: YCP generally meets the access to legal materials Standards,
but the facility must ensure that detainees are permitted at least five hours of
library time every week.

•

Group Legal Rights Presentations: YCP meets the Standards for group legal
rights presentations, but should make more of an effort to show the "Know Your
Rights" video.

•

Access to Classes: yep provides GED and ESL classes and educational
opportunities for high school age detainees to receive a high school diploma.

•

Access to Medical Care: yep provides twenty-four hour a day care and a fairly
quick response to requests for medical attention. However, yep policies
regarding detainees suffering from alcohol and drug addiction may need
improvement.

•

Detainee Classification: yep meets the Standards, but the facility's Inmate
Handbook should include an explanation of the classification levels, with the
conditions and restrictions applicable to each.

•

Access to Work Programs: yep meets the Standards regarding permitting
detainees to work at the facility.

•

Grievance and Disciplinary Procedures: yep generally meets the Standards,
but should ensure that detainees who file grievances are not retaliated against.

PHL_A #1906791 v4

3

•

III.

ICE Presence and Communication with Detainees: YCP meets the Standards by
maintaining mail boxes throughout the facility by which detainees can
communicate with ICE.

OBSERVATIONS OF IMPLEMENTATION OF LEGAL ACCESS STANDARDS
A.

Legal AccessNisitation
i.

Visitation by Attorneys

The Standards provide that facilities should allow detainees to meet privately with
their current or prospective legal representatives and legal assistants and to meet with their
consular officials. 3

YCP facilitates some parts of this section ofthe Standards, but not others.
Attorney visitation rules are not provided in either the YCP Inmate Information Sheet or the
YCP Inmate Handbook. In addition, although some detainees reported receiving lists of pro
bono attorneys, interviews with detainees indicated that these lists are often out of date, making
4
it difficult to contact pro bono counse1. Furthermore, detainees do not have the ability to make
direct telephone calls and reported that many agencies or attorneys on the list do not accept
collect calls. 5 Attorneys are not restricted to the normalhours of visitation, but rather are
allowed to visit YCP inmates at any time, seven days a week, except during count time or
meaitime. 6 In order for an attorney to visit a detainee at YCP, the attorney must have and present
a bar card (although this may not be necessary if the attorney's state does not issue a bar card if
photo identification, such as a driver's license, is presented).7 According to YCP personnel, the
attorney visitation rules are flexible such that legal assistants and law students authorized by the
attorney are allowed to visit and interpreters may accompany the legal representative during the
visit. 8
There are approximately ten attorney visitation rooms at the facility. These rooms
provide enough space for ten attorney visits to occur simultaneously. All attorney visitation
rooms allow for contact visits and provide secure, private communication. Unlike the areas used
for family visits, the attorney rooms do not have Plexiglas dividers to separate the detainees from
their attorneys. Detainees are not subject to strip searches after attorney visits, but they may be
patted down. 9 Form G-28, Notice of Entry of Appearance as Attorney or Representative, which
generally must be filled out by an attorney in order to undertake representation of a detainee, is
3

Detention Operations Manual, Detainee Services, Standard 17, Section 111.1.

4

Notes of delegation me·mb.el• • • • • •

5

Notes of delegation

6

Notes of delegation membe~ccording to yep personnel, even the count and mealtime
.
.
restrictions are not rigidly e~

7

Notes of delegation

8

Notes of delegation

9

Notes of delegation

PHL_A#1906791 v4

4

not available at the facility. 10 However, it is not clear whether the facility requires a Form G-28
to be delivered before attorneys meet with detainees.
ii.

Visitation by Family and Friends

.
To maintain detainee morale and family relationships, the Standards encourage
visitation with family and friends. I I To that end, the Standards require that all detention facilities
allow visitation and establish written visitation procedures. 12 The Standards require a minimum
of 30 minutes per visit, under normal conditions, and encourage more generous limits when
possible.1 3 The facility must allow visitation by immediate family members, 14 and other
relatives, friends and associates. 15 AB to visits by minors, the Standards provide that:
At facilities where there is no provision for visits by minors,
[ICE] will arrange for a visit by children and stepchildren, on
request, within the first 30 days. After that time, on request,
[ICE] will consider a transfer, when possible, to a facility that
will allow such visitation. Monthly visits will be continued on
request, if transfer is not, [sic] approved, available or until
effected. 16
Moreover, the ICE Model Detainee Handbook adds that visitors under 18 years of
age "are expected to remain under the direct supervision of' adult visitors. 17

yep facilitates some parts of this section of the Standards, but not others.
YCP provides for non-contact family and friend visitation hours every day of the week. 18
Written visitation procedures are provided to the detainees ufon arrival through the YCP Inmate
Information Sheet, which is available in several languages. I Detainees are given three half-hour
20
visits per week. According to the yep Inmate Information Sheet, up to two visits may be
taken in one day if friends· or family are traveling great distances, but YCP personnel indicated
that, in fact, all three visits may be used consecutively if practicable. 21 While YCP officials
10

Notes of delegation

11

Detention Operations Manual, Detainee Services, Standard 17, Section I.

12

Detention Operations Manual, Detainee Services, Standard 17, Section lILA.

13

Detention Operations Manual, Detainee Services, Standard 17, Section III.H.I.

14

"Immediate family members" includes mothers, fathers, stepparents, foster parents, brothers, sisters, children and
spouses, including common-law spouses. Detention Operations Manual, Visitation, Standard 17, Section
IILH.2.a

15

Detention Operations Manual, Detainee Services, Standard 17, Section III.H.2.c.

16

Detention Operations Manual, Detainee Services, Standard 17, Section III. H.2.d.

17

Detention Operations Manual, Detainee Services, Standard 17, Section III.H.2.d.

18

York County Prison Inmate Information Sheet, p. 2.

19

York County Prison Inmate Information Sheet, p. 2.

20

York County Prison Inmate Information

21

Notes of delegation

PHL_A#1906791 v4

2.

5

stated that alternative arrangements can be made if nonnal visiting hours and visitation
restrictions pose an unusual hardship for family members,22 it is unclear what such arrangements·
consist of and whether immigration detainees know of the possibility to make such
arrangements, as they are not mentioned in the YCP Inmate Infonnation Sheet. Children under
the age of fourteen may visit on Thursdays and Fridays between 3:30 and 5: 15 PM, but
identification proving that the child is the son or daughter of the inmate is required.23 Visitors
are allowed to leave money and certain property for inmates and detainees. 24
A policy that might discourage visitation is the requirement that detainees keep a
visitor's list. Eight persons may be placed on a detainee's "Visitor List Fonn." Only persons on
this list, with the exception of attorneys, clergy and children, may visit the detainee. Detainees
may revise their visitor list to include other individuals, but they must first make space on their
list by removing persons already listed. Thus, if a detainee has eight family members on her
visitor list, she must remove one of their names in order to include a previously unlisted person.
Despite the assurances ofYCP personnel that changes can be made at any time, it seems
inevitable that changes to the visitor list would take some time to go into effect.

22

Notes of delegation

23

York County Prison Inmate Infonnation Sheet, p. 2.

24

Notes of delegation

PHL_A #1906791:;4

6

B.

Telephone Access

As set forth below, YCP has implemented some sections of the Standards, but has
failed to implement other sections.
i.

. General Requirements and Use Restrictions

The Standards require facilities to provide detainees with reasonable and equitable
access to telephones during established waking hours?5 This requires the facility to provide one
26
working phone for every twenty-five detainees held.
In addition, the Standards require that the facility not restrict the number of calls a
detainee may place to his/her legal representatives. The calls should not be limited in duration
unless necessary for security or to maintain order and fair access. If such a limit is required, it
27
should not be shorter than twenty minutes. In addition, detainees in the Behavioral Adjustment
Unit should be allowed to make direct/free calls, except under compelling security conditions. 28

YCP has implemented some parts of this section of the Standards, but not all.
Telephones are located in all of the living quarters and detainees are allowed to make "a
reasonable number of outgoing calls per day.,,29 The phones are available to detainees all day,
however the Handbook notes that "phone calls are a privilege and can be taken away by the
captain. ,,30 yep limits the length of calls a detainee may place to twenty minutes. If the
detainee wishes to speak for additional time after twentY minutes has elapsed, the detainee may
call again if no one else is waiting to use the phone. 31
,
Detainees placed in the Behavioral Adjustment Unit are not allowed to place any

calls, including those to an attorney. The detainee may write the attorney a letter and if the

attorney calls, the detainee will be allowed to return the calL32
ii.

Direct Calls and Free Calls

The Standards require the facility to allow detainees to make certain direct calls,
including calls placed to the local immigration court and the Board of Immigration Appeals,
federal and state courts where the detainee is or may become involved in a legal proceeding,
consular officials, legal service providers and government officials to obtain documents

25 Detention Operations Manual, Detainee Services, Standard 16, Section IILA.
26 Detention Operations Manual, Detainee Services, Standard 16, Section IILC. and D.
27 Detention Operations Manual, Detainee Services, Standard 16, Section III.F.
28'Detention Operations Manual, Detainee Services, Standard 16, Section I1I.O.
29 Inmate Handbook for York County Prison, p. 5.
30 Inmate Handbook for York County Prison, p. 5.
31 Inmate Handbook for York County Prison, p. 5.
32 Notes of delegation

PHL_A #1906791 v4

7

necessary for the detainee's case, and in personal family emergencies if the detainee
33
demonstrates a compelling need.
yep has failed to implement this section of the Standards. Detainees are
permitted one free local or long distance domestic call when they enter YCP. Thereafter,
detainees may only place collect calls, including to the organizations referred to in the paragraph
above. 34 Significantly, YCP strictly prohibits detainees from placing certain calls that the
Standards advocate should be placed directly. YCP does not allow detainees to place any calls to
a parole officer, a police agency, a magistrate or the county.35 This could potentially prevent
detainees from calling an official within the court system handling the detainee's case.
Detainees placed in the Behavioral Adjustment Unit do not even have the option to place a
collect call to the organizations referred to above.
Detainees may place an initial call to an attorney or consulate through their block
counselor. The YCP Information Sheet for Immigration Detainees says that "Once you have
obtained legal representation, ... the prison provides telephones in order to make collect
calls ... , If an emergency situation develops ... we will bring you to the INS office to make a
call free of charge.,,36 All other calls must be placed collect. 37 The detainees we interviewed
confirmed their inability to place free calls. The female detainees told the delegation that their
counselor was supposed to help them place direct calls to their attorneys, but such calls are not
permitted freely and are often denied to certain groups of individuals, depending on the
counselor's mood and personal opinion of the detainee requesting the call. 38 During the
interviews, several detainees mentioned that the gym, a housing area for low-risk females, has a
special phone for detainees. Through this phone, detainees may get updates on their cases and
make various calls free of charge. This phone is only available to the female detainees living in
the gym, excluding a majority ofYCP's detainee population.
The cost of placing a collect call is very high and inhibits the ability of the
detainees to place calls. The YCP officer stated that collect calls cost $1,20 for the first minute
39
and $0.45 for each additional minute. However, one detainee said the cost wa.s $5.00 for the
first minute and $1.00 for each additional minute. 40 Regardless of the actual cost, several of the
detainees interviewed said that their attorneys would not accept collect calls, so their only means
of initiating contact with their attorney was through writing a letter or waiting for the attorney to
contact them. 41
.

33

Detention Operations Manual, Detainee Services, Standard 16, Section III.G.

34

York County Prison Inmate Infonnation Sheet, p. 3.

3S

Inmate Handbook for York County Prison, p. 5.

36

York County Prison Inmate Infonnation Sheet, p. 8.

37

York County Prison Inmate Infonnation Sheet, p. 7.

38

Notes of delegation

39

Notes of delegation

40

Notes of delegation

41

Notes of delegation

PHL_A #1906791

v4

8

In addition, some detainees mentioned that, because of the high cost of collect
calls, their families' home phones have been disconnected or their families have blocked the
YCP number so the detainees can no longer call them. Detainees may place calls to family
members living outside of the United States by purchasing international calling calls, which cost
$10.00 and reportedly last for about five minutes.
iii.

Privacy for Legal and Other Telephone Calls

The Standards require facilities to ensure that detainees have privacy when
placing confidential calls to legal representatives. 42 Such calls should not be monitored, absent a
court order. 43 In addition, the facility should have a written policy on the monitoring of all other
calls in the detainee handbook. 44 This policy should also explain the procedure for placing an
urnnonitored call to a court or to a legal representative. 45
YCP has failed to implement these sections of the Standards. YCP does not
have a private location for detainees to place confidential legal calls. According to YCP
personnel, detainees may submit a request to a counselor to place a confidential call from the
counselor's office. 46 1brough speaking with the detainees however, the delegation learned that
.this procedure is not carried out. Several of the detainees we spoke to explained that their
counselor often refused to let them make calls. The detainees felt that the counselors had
"favorites" and that detainees who were not part of that group were not allowed to make free and
confidential calls. 47
.
According to YCP personnel, the facility does not frequently monitor calls. Calls
are generally only monitored if the facility suspects inappropriate relationships between the
detainees and guards. 48 The officer said that all detainees are warned of the possibility of
monitoring when they enter the facility, but are not specifically told if they are in fact being
monitored. 49 The delegation could not find this disclosure in the Inmate Handbook or the Inmate
Information Sheet.
iv.

Incoming Calls and Messages

The Standards require that the facility take and deliver messages to detainees as
promptly as possible, no less than three times a day.5o

42

Detention Operation Manual, Detainee Services, Standard 16, Section IIU.

43

Detention Operation Manual, Detainee Services, Standard 16, Section III.J.

44

Detention Operation Manual, Detainee Services, Standard 16, Section III.K;

45

Detention Operation Manual, Detainee Services, Standard 16, Section III.K.

46

Notes of delegation

47

Notes of delegation

48

Notes of delegation

49

Notes of dele~tion

50

Detention Operations Manual, Detainee Services, Standard 16, Section 1II.1.

. PHL_A #1906791 v4

9

YCP has implemented this section of the Standards. If a detainee receives a
call from hislher attorney, the facility will deliver the message immediately, usually within five
to ten minutes. The facility will only take and deliver personal messages if it is a verifiable
~
'1yemergency. 51
laffil

c.

Legal Materials

The Standards provide that all facilities 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. 52
The YCP facility has implemented most sections of the Standards regarding access
to legal materials. .
i.

Materials Identified in the Standards

The Standards require all law libraries to contain the materials listed in
Attachment A to the chapter on Access to Legal Material. 53 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. 54 Damaged or stolen materials
must be promptly replaced. 55 In addition, the Standards require that the facility post a list of
holdings in the law library and designate an employee with the responsibility for updating
materials, inspecting them weekly and maintaining them in good working order. 56
The yep law libraries appear to meet this section of the Standards, but some
questions remain. The YCP law libraries contain all of the required materials. Although the
hard copies ofthese materials are not updated consistently, the libraries order Lexis-Nexis CDROMs, which contain all of the required materials and are updated on a consistent basis. LexisNexis provides the detainees with access to the most up-to-date legal materials. Additional legal
materials which are not on the list can be requested by contacting the publisher directly. YCP
employs inmates, often detainees, to serve as law librarians.
The
the Florence Project's "Know Your Rights" packets.
Warden in charge of treatment, YCP has "Know
However, according
a week, once in English and once in Spanish, as
Your Rights" videos,
well as "Know Your Rights" CDs. 57 When asked, however, only one of the detainees

51

Notes of delegation

52

Detention Operations Manual, Detainee Services, Standard I, Section I.

53

Detention Operations Manual, Detainee Services, Standard I, Section III.C.

54

Detention Operations Manual, Detainee Services, Standard I, Sections III.D.-F.

55

Detention Operations Manual, Detainee Services, Standard I, Section III.F.

56

Detention Operations Manual, Detainee Services, Standard I, Section lILE.

57

Notes of delegation mPJrnh,·",

PHL_A #1906791 v4

10

interviewed had any familiarity with the materia1. 58 Two other detainees interviewed reported
5!)
that they were not familiar with "Know Your Rights" and had
Furthermore, ICE Supervisory Detention and Deportation
that
the "Know Your Rights" video was available for viewing, but he
screened by detainees. 6o
ii.

Library Conditions

The Standards provide that each facility shall provide a law library in a designated
room with sufficient space to facilitate detainees' legal research and writing. The library shall
contain a sufficient number of tables and chairs in a well-lit room, reasonably isolated from noisy
areas. 61
The YCP facility has implemented this section of the Standards. The yep
libraries are well-lit and reasonably isolated from high-traffic or noisy areas that might interfere
with research and writing. The main law library, which is the largest of the four, is large enough
to accommodate three large tables and has enough chairs to seat approximately 20 inmates.
iii.

Photocopies and Mail

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
62
proceedings involving the detainee. Enough copies must begrovided so that a detainee can
fulfill court procedural rules and retain a copy for his records.
Facility personnel may not read
a document that on its face is clearly related to a legal proceeding involving the detainee. 64
It is unclear whether the YCP facility fulfills this section of the Standards. In
order to obtain copies of their legal materials, detainees must fill out a copy request form.
According to YCP personnel, detainees receive free copies of legal materials. 65 Two of the .
detainees interviewed however, reported that detainees are charged $0.25 per page for copies. 66
One detainee reported problems with requesting and obtaining photocopies oflegal materials.
According to this detainee, when detainees request copies of a specific legal document, they only
receive the portion of the document deemed suitable by their captain. 67

58

Notes of delegation rnf'·mh"1"<

59

Notes of delegation mf'imh,,,..

60

Notes of delegation

61

Detention Operations Manual, Detainee Services, Standard 1, Section III.A.

62

Detention Operations Manual, Detainee Services, Standard 1, Section IIU.

63

Detention Operations Manual, Detainee Services, Standard 1, Section I11.J.

64

Detention Operations Manual, Detainee Services, Standard I, Section BU.

65

Notes of delegation m P.l11 heN

66

Notes of delegation melllbers

67

Notes of delegation mp.ll'lh"r~

PHL_A #1906791 v4

11

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.68 General correspondence shall normally be opened and
inspected for contraband in the presence of the detainee, but may be opened and even read
outside the presence of the· detainee if security reasons exist for doing SO.69 Special
correspondence--'-which includes all written communication to or from attorneys, legal
representatives, judges, courts, government officials and the news media-is treated
differently.70 Incoming special correspondence can be inspected for contraband only in the
presence of the detainee, but it can nev~ be read or copied. 71 Outgoing special correspondence
cannot be opened, inspected or read.72 .

The yep facility appears to meet this section of the Standards, but some
concerns remain. Detainees are able to send and receive correspondence.
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. 73 According to YCP personnel, detainees
are given free stamps for legal mail. However, the detainees interviewed reported that detainees
receive only one free stamp per week and are charged for additional stamps. 74

iv.

Computer Access, Equipment and Holdings

The Standards require that the law library provide an adequate number of
typewriters and/or computers, writing implements, paper and office supplies to enable detainees
.
to prepare documents for legal proceedings.
~

For the most part, the YCP facility meets this section of the Standards. The
delegation toured three of YCP's four law libraries. Each library was equipped with two
computers for the detainees and one computer for the law librarian. Only one of the three
libraries that the delegation toured was equipped with typewriters. Although the libraries are
equipped with printers, the printers are not always operational. According to one detainee
interviewed by the delegation, detainees sometimes have to wait two to three days for printer
cartridges to be replaced. 76

68

Detention Operations Manual, Detainee Services, Standard 3, Section \.

69

Detention Operations Manual, Detainee Services, Standard 3, Sections III.B. and E.

70

Detention Operations Manual, Detainee Services, Standard 3, Sections III.B., E. and F.

71

Detention Operations Manual, Detainee Services, Standard 3, Sections III.B. and E.

72

Detention Operations Manual, Detainee Services, Standard 3, Sections Ill.B. and F.

73

Detention Operations Manual, Detainee Services, Standard 1, Section IILN.

74

Notes of delegation members

75

Detention Operations Manual, Detainee Services, Standard 1, Section 1lI.B.

76

Notes of delegation 1I1~"lIU'''1'':

PHL_A #1906791 v4

12

The Standards also require the law library to provide writing implements, paper
77
and office supplies. However, two of the detainees interviewed reported that detainees usually.
have to purchase these items for themselves. 78
v.

Access to the Library

The Standards require that a facility devise a flexible schedule to permit all
detainees, regardless of housing or classification, to use the law library on a regular basis for a
minimum of five hours per week. 79 These five hours should not cause a detainee to miss a meal,
recreation time or any other planned activity.8o
The yep facility appears to have implemented this section of the Standards,
but some discrepancies remain. The yep facility has four law libraries. The libraries are open
every day between 9:00 and 11:Z0a.m., 1:00 and 4:30 p.m. and 7:00 and 10:50 p.mY The
facility's Inmate Information Sheet provides that detainees are permitted to use the law library
for ten hours per week unless there are more than twenty-two detainees who want to attend the
library at one time, in which case each detainee is permitted to use the library for half of the
prescribed time. 82 There is some question as to the exact number of hours per week detainees are
permitted to use the law library. Despite the ten hour per week policy listed in the Inmate
Information Sheet, yep personnel indicated that detainees are permitted seven hours per week
83
but can request more time. One of the detainees interviewed b~ the delegation reported that
detainees are permitted to use the library for six hours per week. 4 Two detainees interviewed
indicated that the pennitted use of the law library is less than five hours per week, which is in
direct conflict with the Standards. 85 Further, although yep personnel indicated that detainees do
not have to choose between library and recreation time, two of the detainees interviewed
indicated that sometimes the times conflict. 86
Detainees housed in segregated units are not permitted to use library facilities,
however they can request and receive legal materials. 87

77

Detention Operations Manual, Detainee Services, Standard I, Section III.B.

78

Notes of delegation members . . . . . . . . . . .. .

79

Detention Operations Manual, Detainee Services, Standard 1, Section IlI.G.

80

Detention Operations Manual, Detainee Services, Standard 1, Section III.G.

81

The delegation was not told that hours vary between libraries.

82

York County Prison Inmate Information Sheet, p. 6.

83

Notes of delegation members

84

Notes of delegation members
delegation did not ask whether detainees

87

Notes of delegation

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13

vi.

Notaries, Certified Mail and Miscellaneous Needs Associated with
Legal Materials

The Standards require that the facility provide assistance to any unrepresented
detainee who requests a notary public, certified mail or other such services to pursue a legal
matter if the detainee is unable to meet the need through family members or community
organizations. 88
The delegation did not inquire whether the facility had implemented this section
of the Standards.

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. immifgation law
and procedures consistent with the security and orderly operation of the ICE facility. 9

The YCP facility has generally implemented this section of the Standards.
According to YCP personnel there are generally no restrictions on group presentations, but there
did not appear to be a formal policy. 90 Decisions on such presentations are made by the warden,
but no presentation has ever been denied. 91 In general, notices of such presentations are placed
in living areas more than forty-eight hours in advance of the presentations. 92 However, YCP
officials informed the delegation that, aside from sporadic presentations by the Pennsylvania
Immigrant Resource Center, no other groups had sought to provide group presentations to the
detainees. 93 The delegation also inquired whether the facility had aired the "Know Your Rights"
video created by the Florence Project and distributed by ICE. YCP officials stated that the video
was available for viewing in the law library, but was not aired in a group presentation format. 94
Segregated inmates and detainees, aside from those in protective custody, do not receive separate
presentations as a matter of course, but YCP officials indicated that such presentations might be
provided ifthe security risk was not too great. 95 It did not appear that this issue was a common
one, indicating either that segregated inmates or detainees are not notified of upcoming
presentations or tend not to request to observe them.

88

Detention Operations Manual, Detainee Services, Standard I, Section Hl.P.

89

Detention Operations Manual, Detainee Services, Standard 9, Section I.

90

Notes of delegation member

91

Notes of delegation merriber

92

Notes of deJegation member

93

Notes of delegation member

94

Notes of delegation
. Deportation
the "Know Your
delegation

comment by ICE Supervisory Detention and
Warden in charge of treatment, stated that
in English and once in Spanish. Notes of

IIIIIIIII••••

em:b1i1• •

PHL_A #1906791 v4

14

IV.

OTHER GENERAL OBSERVATIONS UNRELATED TO THE LEGAL ACCESS
STANDARDS
A.

The York County Jail Facility's Detainee Handbook

The Standards require that all detention facilities have a site-specific handbook
for its immigration detainees. The purpose ofthe handbook is to provide an overview of, and
guide to, "the detention policies, rules, and procedures in effect at the facility," as well as "the
services, programs, and opportunities available through various sources, including the facility,
[ICE], private organizations, etc.,,96 The handbook must be translated into Spanish and, if
appropriate, into the next most-prevalent language(s) among the facility's detainees. 97 All
detainees are to receive a copy of the handbook upon admission to the facility.98
YCP has not fully implemented this section of the Standards. At intake,
immigration detainees are given copies of the YCP Inmate Handbook and the YCP Inmate
Information Sheet. 99 These materials are available in several languages. The handbook meets
. the definition of a "site-specific handbook" and provides an adequate overview of the policies,
rules and procedures generally in effect at YCP.
Although the handbook and information sheet correctly describe many of the
rules and procedures generaUyin effect at YCP, in many instances, these materials either
mislead immigration detainees as to their rights or directly contradict the Standards:

96

•

Although detainees should be permitted to use the law library for a minimum of
five hours per week under the Standards, the inmate infonnationsheet states that
use of the library is a privilege that can be taken away. (Page 6)

•

Although the Standards provide that facilities should relay non-emergency
telephone messages, the handbook states that "[w]e can not pass messages to you
unless it is a true emergency." (Page 3)

•

Although the recording and monitoring oflegal phone calls absent a court order is
prohibited and the Standards require that facilities should have a written policy on
the monitoring of all other calls in the detainee handbook,loo YCP monitors some
phone calls without disclosing the policy in its handbook.

Detention Operations Manual. Detainee Services, Standard 6, Section I.

97

Dete~tion Operations Manual. Detainee Services, Standard 6, Section UI.E.

98

Detention Operations Manual. . Detainee Services, Standard 6, Section I.

99

One detainee indicated that the Inmate Handbook for York County Prison was not provided upon arrival.
Detention Operation Manual, Detainee Services, Standard 16, Section IIIJ-K

100

PHLJ #1906791 v4

15

B.

Recreation

The Standards require that all facilities provide detainees wIth access to
recreational activities and programs. 101 Every effort should be made to place a detainee in a
facility that provides outdoor recreation. If a facility cannot provide for an outdoor area, the
facility should have a large room with access to natural sunlight. 102 Each detainee should have
access to recreation at least one hour daily, at a reasonable time of day, five days a week,
weather perrnitting. 103 The exercise area should have "a variety of fixed and movable
equipment."I04 The facility should provide cardiovascular equipment to those detainees who
cannot exercise outdoors. The indoor recreation area should include stationary bikes, stair
climbers, treadmills, and/or other cardiovascular machines. 105 Recreational activities may
include limited contact sports, such as soccer, basketball, volleyball and table games, and may
··
b etween umts.
·106
extend to competItions
.
yep meets most of the requirements set forth by the Standards regarding
recreational programs and activities. The amount of recreation a detainee receives depends
greatly on where the detainee is housed. In the newer part of the facility, detainees may enjoy
recreation during all waking hours, from 9:00 a.m. to 10:30 p.m. This is a self-contained, secure
area.107 While not actually.outside, huge garage doors open to provide fresh air and natural
sunlight to detainees. 108 During inclement weather, the doors remain shut so detainees may
continue to use the area for recreation. In the older part of the facility, detainees are allowed
recreation at least once a day for about two hours at a time ioan outdoor facility which provides
a great deal of space for detainees to run and play certain sports, including volleyball and
basketball. 109 There is a separate indoor recreation area for inclement weather. The female
detainees have separate indoor and outdoor recreation facilities. I10 For detainees in segregation
or the Behavior Adjustment Unit, yep provides a secure outdoor area, consisting of large
cages. III These detainees may use this area year round. I12

Detainees may play basketball or volleyball during their outdoor recreation.
During an interview however, one detainee mentioned that the balls are not very firm, making it

101

Detention Operations Manual, Detainee Services, Standard \3, Section 1.

102

Detention Operations Manual, Detainee Services, Staridard 13, Section lILA.

103

Detention Operations Manual, Detainee Services, Standard 13, Section III.B.

104

Detention Operations Manual, Detainee Services, Standard 13, Section III.G.

105

Detention Operations Manual, Detainee Services, Standard 13, Section III.G.

106

Detention Operations Manual, Detainee Services, Standard 13, Section III.G.

107

Notes of detegation

108

Notes of del egati on

109

Notes of delegation

110

Notes of delegation

III

Notes of delegation

112

Notes of delegation

PHL_A #1906791 v4

16

somewhat difficult to playa real game. I 13 YCP does not provide any cardiovascular equipment,
even when detainees limited to indoor recreation. In addition, a few areas have one weight
lifting machine, while others have nothing. I 14
Each housing area has televisions for the detainees to use throughout the day.
The television must be turned off during meals and counts and at 11 :00 at night. 115 According to
the handbook, the majority vote determines the channel unless the captain states otherwise and
the captain can and will take a unit's TV ifthe unit becomes disruptive. 116
The detainees the delegation met with said that they e~oyed their recreation
time--many simply laid in the sunlight, while others chatted with friends in other pOdS. 117

c.

Access to Classes

The Standards do not include any requirements regarding educational
opportunities for detainees. However, YCP employs one full-time teacher and two part time
teachers. The facility provides ESL and GED classes. I 18 According to a YCP teacher, the GED
class is highly successful, with a 70-75% pass rate. In addition, high school age detainees may
follow the academic curriculum of Jefferson County to earn a high school degree. Classes are
offered twice a day. Classes are held in a small classroom, accommodating eight to fourteen
students at a time. According to a YCP teacher, detainees do participate in the classes. I 19

D.

Access to Medical Care

The Standards require that all detainees have access to medical services that
12o
promote detainee health and general well-being.
Each facility is required to have regularly
scheduled times, known as sick call, when medical personnel are available to see detainees who
121
have requested medical services.
For a facility of over 200 detainees, a minimum of five days
per week is required. 122 Facilities must also have procedures in place to provide emergency
123
With respect to emergency care, the Standards state
medical care for detainees who require it.
that in a situation in which a detention officer is uncertain whether a detainee requires emergency
medical care, the officer should immediately contact a health care provider or an on-duty
113

Notes of delegation

114

Notes of delegation

115

Imnate Handbook for York County Prison, p. 5.

116

Inmate Handbook for York County Prison, p. 5.

117

Notes of delegation

118

Notes of delegation

119

Notes of delegation

120

Detention Operation Manual, Health Services, Standard 2, Section I.

121

Detention Operation Manual, Health Services, Standard 2, Section III.F.

122

Detention Operation Manual, Health Services, Standard 2, Section III.F.

123

Detention Operation Manual, Health Services, Standard 2, Sections III.A., D., and G.

PHL_A #1906791 v4

17

supervisor.124 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 Ole in
writing. 125
YCP meets the requirements set forth in the Standards regarding medical
treatment yep has contracted with Prison Health Services, Inc. to provide full time medical
treatment. 126 The facility provides medical care twenty four hours a day and has a doctor on site
Monday through Friday.1.27 The medical facility is comprised of a staff of over fifty people,
including RNs, LPNs, Physicians Assistants and EMTs.128 All medical records are stored
separately from the detainee's general file. 129 Medical information will not be released unless
the detainee signs a waiver. 130 When a detainee is deported, yep provides a five-to-ten day
supply of any medications the detainee is currently taking. \31
Upon arrival, all detainees are examined by a doctor and administered a TB test.
A complete evaluation is conducted within fourteen days of the detainee's arrival. 132 The facility
requires co-payments for medical treatment: $3.00 for the nurse and $5.00 for the doctor or
dentist. 133 However, according to the handbook, immigration detainees are not required to pay
135
these fees. 134 Regardless, no one will be denied treatment if they do not have funds.
Each day, the nurse takes all medical request slips to the medical care area.
Officers can also request medical care for detainees if they deem it necessary. According to
yep personnel, the detainees generally receive medical care within one day of submitting their
slip.136 Some of the detainees we spoke to confmned a quick turnaround time, but one
mentioned a wait of about three days before receiving treatment. 137
YCP also provides an array of mental health services, such as Alcoholics
Anonymous, Parenting without Partners and parenting skills. The delegation has concerns
regarding the treatment of detainees suffering from a drug or alcohol addiction. If a

124

Detention Operation Manual, Health Services, Standard 2, Section III.H.

125

Detention Operation

126

Notes of delegation

127

Notes of delegation

128 Notes

Standard 2, Section IIU.

of delegation

129

Notes of delegation

130

Notes of delegation

131

Notes of delegation

132

Notes of delegation

133

Notes of delegation

135

Notes of delegation

136

Notes of delegation

137

Notes of delegation

PHL_A #1906791 v4

18

detainee enters the facility with a drug or alcohol addiction, the detainee does not receive any
treatment for his or her withdrawal. 138 According to YCP personnel, addicted detainees are
placed in a segregated unit until they are stable. However, one detainee described a woman who
was housed in the gym while she was going through withdrawal. This individual vomited and
defecated all OVer herself and the smell caused a great deal of disruption and discomfort for the
other inmates in the gym. Complaints to the counselor were not "addressed. 139
YCP provides meals to meet various dietary restrictions, including low sodium,
140
YCP also provides the option for a common fare meal,
diabetic and high blood pressure diets.
a vegetarian diet designed to meet most religious restrictions. All meals are approved by a
dietician. 141

E.

Detainee Classification

The Standards require that detention facilities use a classification system and
physically separate detainees in different categories. 142 IGSA facilities, such as YCP, "may
continue using the systems established locally, if the classification criteria are objective and all
procedures meet [ICE] requirements.,,143 A detainee's classification is to be made on the basis of
"objective" information, including criminal offenses, escape attempts, institutional disciplinary
history, violent incidents, etc. 144 Opinions, unconfirmed and unverified information and physical
characteristics and appearance are not to be taken into account. 145 Classification is required in
order to separate detainees with no or minimal criminal records from inmates with serious
146
According to the Standards:
criminal records.
By grouping detainees with comparable records together, and
isolating those at one classification level from all others, the
system reduces noncriminal and nonviolent detainees'
exposure to physical and psychological danger. 147

***
When it becomes necessary to house detainees of different
classification levels the following guidelines shall be followed:

138 Notes of delegation
139

Notes of delegation

140

Inmate Handbook for York County Prison, p. 5.

141

Inmate Handbook for York County Prison, p. 5.

142

Detention Operations Manual, Detainee Services, Standard 4, Section I.

143

Detention Operations Manual, Detainee Services, Standard 4, Sections I and liLA.

144

Detention Operations Manual, Detainee Services, Standard A, Section I1I.D.

145

Detention Operations Manual, Detainee Services, Standard 4, Section I1I.D.

146

Detention Operations Manual, Detainee Services, Standard 4, Sections lILA and IILE.

147

Detention Operations Manual, Detainee Services, Standard 4, Sections I1I.F.

PHLJ#1906791 v4

19

1. Level three detainees will not be housed with level one
detainees.
2. Levels one and two may be mixed, and high level twos and
level threes may be mixed, when a facility is at or above full
capacity.
3. Under no circumstance will a level two detainee with a
history of assaultive or combative behavior be placed in a level
one housing unit. 148
Additionally, all facility classification systems shall allow classification levels to
be redetermined and include procedures by which new arrivals can appeal their classification
levels;149 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. I so

The yep facility appears to meet this section of the Standards. YCP
classifies detainees according to their criminal status and level of risk. Criminal detainees are
co-mingled with the general prison population, but it is unclear whether non-criminal detainees
are segregated from the general prison population. Criminal detainees are those individuals who
have a criminal record, have served time and have come to YCP while in administrative
proceedings or while awaiting deportation. Criminal detainees are classified along with all other
criminal inmates according to their level of risk. Security classifications are not co-mingled.
Thus, minimum security risk inmates are not placed with maximum security risk inmates and
vice versa. However, pre-trial inmates are not segregated from the convicted population, but
rather are classified based on the crime for which they were arrested. Some of the detainees
interviewed denied having criminal backgrounds, but told us they were housed with criminal
inmates and that non-criminal detainees had contact with criminal detainees.
Detainees with psychiatric medical conditions are segregated from the general
population. Homosexual detainees and those detainees infected with HIV are not segregated. If
a detainee requests to be segregated, the request is investigated and segregation is allowed if
warranted. lSI
The Inmate Handbook explains that detainees will be classified but does not fully
152 Nonetheless the handbook explains that prisoners unhappy
explain the classification scheme.
with their classification may request a Classification Appeal Form from their counselor. ls3

Detention Operations Manual, Detainee Services, Standard 4, Section IlI.E.
Detention Operations Manual, Detainee Services, Standard 4, Sections IlI.G. and H.
150 Detention Operations Manual, Detainee Services, Standard 4, Section IlU.

148
149

151

Notes of delegation m e m b e r _

152

Inmate Handbook for York County Prison, p. 1.

153

Inmate Handbook for York County Prison, p. 1.

PHL~A

#1906791 v4

20

F.

Access to Work Program

The Standards require all facilities with work programs to "provide detainees the
opportunity to work and earn money.,,154 Detainees who are physically and mentally able to
work must be provided the opportunity to participate in any voluntary work program. 155 As for
those detainees who are physically or mentally challenged, the Standards require facilities to
allow those with less severe disabilities to have the opportunity to undertake "appropriate work
projects.,,156 Facilities cannot deny ''work opportunities based on non-merit factors, such as
social group, race, religion, sex, physical or mental handicaps, or national origin.,,157 The
Standards also state that detainees must receive monetary compensation for work completed in
accordance with the facility'S standard policy. 158
The yep facility has implemented this section of the Standards. Although
detainees cannot participate in the prison's work release program, they are allowed to work at the
YCP facility. Detainees work in the kitchen, the library, the commissary and in other areas of
the prison. Detainee workers are compensated anywhere from $5 to $15 per week. Many of the
library "trustees" (or librarians) are detainees. 159
G.

Detainee Grievance and Disciplinary Procedures

The Standards require that every facility develop and implement standard
procedures for handling detainee grievances and encourage that the facility initially seek to
resolve grievances informally before having to engage in a more formalized procedure. 160
Translating assistance for both formal and informal grievances must be provided upon request. I 61
The Standards also require that each facility establish a reasonable time limit for: (1)
''processing, investigating, and responding to grievances;" (2) "convening a grievance committee
to review formal complaints;" and (3) "providing written responses to detainees who filed formal
grievances, including the basis for the decision.,,162 All grievances must receive supervisory
review, include guarantees against reprisal and allow for appeals. 163 Further, the Standards
require detainee handbooks to provide an explanation of the grievance procedures, including (1)
the procedures for appealing decisions to ICE, and (2) the opportunity to file a complaint about

154

Detention Operations Manual, Detainee Services, Standard 18, Section I.

155

Detention Operations Manual, Detainee Services, Standard 18, Section lILA

156

Detention Operations Manual, Detainee Services, Standard 18, Section III.G.

157

Detention Operations Manual, Detainee Services, Standard 18, SectionIILF.

158

Detention Operations Manual, Detainee Services, Standard 18, Section III.K.

159

Notes of delegation memb~

160

Detention Operations Manual, Detainee Services, Standard 5, Sections I. and lILA

161

Detention Operations Manual, Detainee Services, Standard 5, Sections lILA I. and 2.

162

Detention Operations Manual, Detainee Services, Standard 5, Section L

163

Detention Operations Manual, Detainee Services, Standard 5, Sections Land III.C.

PHL_A #1906791 v4

21

officer misconduct directly with the Justice Department (including the phone number and
address). 164
The yep facility appears to have implemented this section of the Standards,
but some concerns remain based on detainee interviews. The YCP Inmate Handbook
provides for an inmate grievance procedure. 165 Theprimary method of handling grievances at
YCP is the Complaint Review System. Detainees are encouraged to take every possible action to
resolve problems first. As such, detainees should first bring problems to the attention of their
block officer. If the block officer cannot solve the problem, detainees should talk to a shift
supervisor. The 801 form, the form used to express grievances, is a last resort. 166 According to
YCP policy, detainees will normally receive a response within ten working days of filing a
formal complaint unless the 801 requires investigation, in which case it may take longer.
Importantly, the YCP Grievance Procedure makes it very clear that detainees will not be
disciplined for filing a complaint. 167
According to the YCP W
has an excellent grievance
procedure that was drafted with the assistance
Court Judge. 168 However,
the allegations of one detainee may be a cause of concern. A detainee interviewed by the
delegation reported that comphlining does not bring relief because complaints do not go
anywhere,and filing a grievance can result in retaliation. YCP personnel allegedly threatened
this detainee for filing complaints about a counselor. 169 Another detainee cbnfirmed that
detainees who file complaints face consequences, referring to the strained relations that ensue as
a result. 170
H.

ICE Presence

The Standards require procedures to be in place "to allow for formal and informal
contactbetween 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." I 71 The
Standards require that both weekly visits be conducted by ICE personnel and that "regular
unannounced (not scheduled) visits" be conducted by the ICE Officer-in-Charge, the Assistant
Officer-in-Charge, and designated department heads. In The purpose of such visits is to monitor
hbusing conditions, interview detainees, review records and answer questions for detainees who
do not comprehend the immigration removal process. 173 The Standards also require that
164

Detention Operations Manual, Detainee Services, Standard 5, Section III.G.

165

Inmate Handbook for York County Prison, p. 2.

166

YCP Grievance Procedure.

167

YCP Grievance Procedure, p, 129.

168

Notes of delegation members

169

Notes of delegation members

170

Notes of delegation members

171

Detention Operations Manual, Standard 15, Section L

172

Detention Operations Manual, Standard 15, Section lILA.

173

Deterition Operations Manual, Standard 15, Section rILA.

22

detainees ''have the opportunity to submit written questions, requests, or concerns to ICE
staff.,,174 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.,,175 Moreover, the Standards require 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.,,176

For the most part, ICE has implemented this section of the Standards at
YCP. Although there are no pre-arranged ICE visits, there is an ICE on-site presence. YCP has
black boxes around the facility in which detainees can deposit their written questions or requests
to speak to an ICE counselor. These black boxes are only allowed to be opened by ICE
personnel. The questions are distributed to the appropriate counselor. ICE strives to return
answers within twenty-four hours. Detainees whose cases are coming up for review usually
meet with an ICE counselor. Additionally, an asylum officer comes to the facility once a month.

I.

Religious Services

The Standards require that detainees of different religious beliefs be provided
with reasonable and equitable opporturIities to participate in the practices of their respective
faiths. 177 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.,,178 Moreover, a facility's staff shall make "all reasonable
efforts to accommodate" special food requirements of a detainee's particular religion. 179
Detainees in confinement must also be permitted to participate in religious practices, consistent
with the safety, security and orderly operation of the facility.180
YCP meets. some of the requirements set forth by the Standards, but the
delegation has a few concerns. At admission, detainees may register their belief in a specific
religion if they choose to do SO.181 yep employs two full-time chaplains, one for the male
detainees and one for the female. The chaplains provide Christian services for the detainees.
Clergy from the neighboring communities come to YCP for Jewish and Buddhist services. 182
Most of the detainees the delegation interviewed were Christian and did participate in the

174

Detention Operations Manual, Standard 15, Section III.B.

175

Detention Operations Manual, Standard 15, Section III.B.

176

Detention Operations Manual, Standard 15, Section IILB.1.

177

Detention Operations Manual, Detainee Services, Standard 14, Section 1.

14, Section I.

178

Detention Operations Manual, Detainee Services, Standard

179

Detention Operations Manual, Detainee Services, Standard 14, Section m.M.

180

Detention Operations Manual, Detainee Services, Standard 14, Section m.o.

181

Inmate Handbook for York County Prison, p. 3.

182

Notes of delegation

PHL_A #1906791 v4

23

religious services. One female stated that the Muslim detainees often prayed by themselves and
did not have the opportunity to speak with clergy. 183 A male detainee, however, stated that
Muslims had a service once a week. 184 Another male detainee, who was Muslim, said that
someone came in to lead servIces once a month but that he had not been permitted to attend. 185
The delegation is not clear on whether this discrepancy is related to the gender of the detainees.
YCP allows detainees to observe religious holidays and follow a religious diet if
186
the detainee has registered a belief upon admission.
Jewish detainees will receive Kosher
meals and will be allowed to observe Passover. Islamic detainees may observe Ramadan, but if
187
they break the fast, they will be dropped from the liSt.
All detainees may opt for a "common
188
However, once the detainee takes a
fare" diet, which covers almost all religious restrictions.
meal from the regular menu, he is dropped from the common fare list. 189

The delegation has some concerns over detainees' ability to wear religious
headwear. Consistent with the Standards, detainees may wear Kuffies, Yarmulkas, Turbans,
and Prayer Shawls. 190 YCP imposes some restrictions on headwear-they may be made of
leather, cloth or beads and shall fit flush to the head and must be no more than two-ply thick. 191
The delegation has some questions regarding the detainees' ability to wear the headwearoutside
of their cell. According to the handbook, "The policy which permi ts religious head wear,
including turbans, will be permitted in the housing areas, activity areas and visiting room, subject
to the normal considerations of security." 192 During an interview however, a detainee said that
they are only permitted to wear the headwear while they are in the cells and nowhere else in the
facility.193 If true, this statement contradicts both YCP policy and the Standards. During our
visit, the delegation did not notice any detainees or inmates wearing religious headwear.

J.

Clothing and Personal Hygiene Products

The Standards require facilities to have a policy and procedure for the regular
issuance and exchange of clothing, bedding, linens and towels. 194 According to the Standards,
"[a]ll new detainees shall be issued clean, temperature-appropriate, presentable clothing during

183

Notes of delegation

184

Notes ofdelegation

185

Notes of delegation

186

Notes of delegation

187

Inmate Handbook for York County Prison, p. 3.

188

Irimate Handbook for York County Prison, p. 5.

189

Inmate Handbook for York County Prison, p. 5.

190

Inmate Handbook for York County Prison, p. 3.

191,

Inmate Handbook for York County Prison, p. 3.

192

Inmate Handbook for York County Prison, p. 3.

193

Notes of delegation

194

Detention Operations Manual, Detainee Services, Standard 10, Section lILA.

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in-processing."I95 New detainees shall also be issued "clean bedding, linens and towel." 196 As
for "exchange requirements," the Standards state:
Detainees shall be provided with clean clothing, linen and
towels on a regular basis to ensure proper hygiene. Socks and
undergarments will be exchanged daily, outer garments at least
twice weekly and sheets, towels, and pillowcases at least
weekly. 197
The Standards further add that "[i]ndividual facilities may institute their own
clothing, linen, and towel exchange policy and procedures, provided the standards in this policy
are met." 198
.
yep has implemented some parts of this section of the Standards, but not
others. All new detainees are issued two jumpsuits, two towels, two sheets, one wash cloth and

a laundry bag. Clothing and bed linens are laundered twice weekly and returned. the same day.
However, one detainee complained that her blanket has not been washed since it was issued.
Additionally, this detainee complained that she and other female detainees have developed
199
rashes and sores from their laundered uniforms and linens.
.
Moreover, although facilities are required to exchange undergarments daily, YCP
detainees are not provided any undergarments at all. Detainees are forced to either go without
undergarments or buyundergarrnents from the commissary. One detainee complained that a
YCP employee has refused to provide certain female detainees with t-shirts and
o
undergarrnents.z°

K.

Legal Material Retention

The Standards require that facilities permit detainees to retain all personal legal
material upon admittance to the general population or segregation, unless such material creates a
safety, security andlorsanitation hazard. A facility may require detainees with a large amount of
personal legal material to place some of the material in a personal property storage area, with
access permitted during designated hours. Facilities must grant requests for access to such stored
legal material as soon as possible, but no later than 24 hours after receipt of the detainee request,
unless documented security concerns preclude action within this time frame. 201

195 Detention Operations Manual, Detainee Services, Standard 10, Section III.B.
1% Detention Operations Manual, Detainee Services, Standard 10, Section III.C.
197 Detention Operations Manual, Detainee Services, Standard 10, Section IIl.E.
198 Detention Operations Manual, Detainee Services, Standard 10, Section IILE.
199Notes of delegati on
200Notes of delegation
201 Detention Operations. Manual, Detainee Services, Standard I, Section !ILK

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The YCP facility meets this section of the Standards. Detainees are pennitted
to retain a reasonable amount of their personal legal materials in their cells. Excess documents
are kept in a storage room. According to yep personnel, one detainee who has eight boxes of
legal materials is not allowed to keep them in his cell. Instead, the boxes are kept in a storage
room, and the detainee is permitted to access the boxes and take things from them when he needs
to do SO.202

L.

Immigration Court203

There are two immigration courtrooms at Yep. There is a holding area between
the courtrooms. Detainees are not handcuffed or shackled while being transported to and from
the courtrooms. There are five trial attorneys on location that handle the immigration court
procedures and five deportation officers on staff. Detainees are given a pamphlet that lists free
legal service providers in the York area. The Executive Office of Immigration Review schedules
detainees' court appearances. Any detainee within the Philadelphia area can have his proceeding
scheduled at the yep immigration court. 204
V.

CONCLUSION

While the yep has implemented numerous sections of the Standards, it has failed
to implement a number of sections of the Standards. The delegation recommends the following
proposals so that the facility may fulfill its obligations under the Standards:
Visitation
•

yep should publish the attorney visitation rules either in the Inmate Handbook or
in the Inmate Information Sheet;

•

yep should officially make it a policy that attorney visitation will not be
interrupted by routine counts;

•

yep should inform detainees of the ability to make special arrangements when
yep's visitation rules pose a hardship for family members, preferably via the
Inmate Information Sheet;

•

The facility should make G-28 forms available in the waiting room; and

Telephone Access
•

yep should not limit the length oflegal phone calls unless necessary;

•

yep should install privacy panels or relocate telephones so that detainees may
make confidential calls without being overheard;

202

Notes of delegation

203

There are no specific Standards applicable to the immigration court.

204

Notes of delegation

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•

YCP should clarify its policy of monitoring phone calls in the Inmate Handbook;

•

Detainees ,should be permitted to make free direct calls to their attorneys,
consulate offices and other legal providers. These calls should be available to all
detainees, regardless of whether there is an emergency;

•

Detainees in the Behavioral Adjustment Unit shol,lld not be denied the right to call
an attorney;

•

Additional ICE-only phones, currently located in the gym, should be installed
throughout all areas housing detainees; and

Access to Legal Materials
•
YCP should ensure that detainees have access to the library for at least five hours
every week;
•

YCP should provide detainees with sufficient paper, envelopes and stamps to
meet their legal needs;

•

YCP should provide detainees with access to notary public services, certified mail
and other such services needed to pursue legal matters; and

•

YCP should show detainees the '~Know Your Rights" video created by the
Florence Project and distributed by ICE.

Group Rights Presentations
•
A formal policy on group rights presentations should be available for review upon
request.
Medical Treatment
•
YCP should clarify the policy stating that detainees do not have to pay copayments when they seek medical services; and
•

YCP should ensure that detainees suffering from drug or alcohol addiction receive
appropriate treatment

Religious Services
•
Both male and female detainees should be able to observe their religion and meet
with clergy of their particular faith; and
•

Detainees should be allowed to wear religious headwear throughout the facility,
pr

•

ovided it meets the conditions of safety and security.

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Site-Specific Detainee Handbook
•

yep's handbook should be consistent with the Standards and provide clear
guidance for detainees as to their rights.

Detainee Classification
•

yep's Inmate Handbook should include an explanation of the classification
levels, with the conditions and restrictions applicable to each.

Clothing and Personal Hygiene Products
•

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yep should provide undergarments to detainees and it should exchange these
garments daily.

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