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1.3 Transportation (By and Necessary to Transport Detainees with Land) Disabilities and Special Needs

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1.3 Transportation (By and Necessary to Transport Detainees with Land) Disabilities and Special Needs operated. This includes equipment appropriate 1.3 Transportation (by and necessary to transport detainees with disabilities and special needs. Land) 3. Detainees shall be transported in a safe and I. Purpose and Scope humane manner, under the supervision of trained and experienced staff. This detention standard prevents harm to the general public, detainees and staff by ensuring that vehicles 4. Except in emergency situations, a single officer used for transporting detainees are properly may not transport a single detainee of the equipped, maintained and operated and that opposite gender. Further, if there is an detainees are transported in a secure, safe and expectation that a pat down will occur during humane manner, under the supervision of trained transport an officer of the same gender as the and experienced staff. detainee(s) must be present. This detention standard applies to the following 5. Reasonable accommodations shall be made for types of facilities housing ICE/ERO detainees: detainees with physical disabilities and/or special needs in accordance with security and • Service Processing Centers (SPCs); safety needs and all applicable laws and • Contract Detention Facilities (CDFs); and regulations. • State or local government facilities used by 6. The facility shall provide communication ERO through Intergovernmental Service assistance to detainees with disabilities and Agreements (IGSAs) to hold detainees for detainees who are limited in their English more than 72 hours. proficiency (LEP). The facility will provide detainees with disabilities with effective Procedures in italics are specifically required for communication, which may include the SPCs, CDFs, and Dedicated IGSA facilities. Non- provision of auxiliary aids, such as readers, dedicated IGSA facilities must conform to these materials in Braille, audio recordings, procedures or adopt, adapt or establish alternatives, telephone handset amplifiers, telephones provided they meet or exceed the intent represented compatible with hearing aids, by these procedures. telecommunications devices for deaf persons Various terms used in this standard may be defined (TTYs), interpreters, and note-takers, as in standard “7.5 Definitions.” needed. The facility will also provide detainees who are LEP with language assistance, II. Expected Outcomes including bilingual staff or professional interpretation and translation services, to The expected outcomes of this detention standard provide them with meaningful access to its are as follows (specific requirements are defined in programs and activities. “V. Expected Practices”). All written materials provided to detainees shall 1. The general public, detainees and staff shall be generally be translated into Spanish. Where protected from harm when detainees are practicable, provisions for written translation shall be transported. made for other significant segments of the 2. Vehicles used for transporting detainees shall population with limited English proficiency. be properly equipped, maintained and 1.3 | Transportation (by Land) 36 PBNDS 2011 (Revised December 2016) Oral interpretation or assistance shall be provided to for the transportation of detainees, including, at a any detainee who speaks another language in which minimum: written material has not been translated or who is 1. general policy and procedures governing safety, illiterate. security, operations, communications and equipment; III. Standards Affected 2. vehicle inspections and repair; This detention standard replaces “Transportation (Land Transportation)” dated 12/2/2008. 3. vehicle occupancy; 4. the seating of detainees in transportation vehicles; IV. References and American Correctional Association, Performance- 5. procedures and necessary equipment in the event based Standards for Adult Local Detention of: Facilities, 4th Edition: 4-ALDF-1B-01, 1B-03, 1B­ 04, 1B-05, 1B-06 a. vehicle failure; ICE/ERO Performance-based National Detention b. traffic accident; Standards 2011: c. severe weather or natural disaster; • “1.1 Emergency Plans”; d. an emergency situation (as specified later in “S. Emergency Situations” of this standard); • “2.1 Admission and Release”; e. transport of females or minors; and • “2.5 Funds and Personal Property”; f. transport of detainees whose disabilities or • “2.9 Post Orders”; special needs preclude prolonged travel. • “2.15 Use of Force and Restraints”; B. Vehicle Inspection • “4.1 Food Service”; All vehicles used for transporting ICE/ERO detainees • “4.7 Terminal Illness, Advance Directives and shall comply with annual safety inspections Death”; and requirements in accordance with applicable federal and state law. Vehicles may not be used for • “7.4 Detainee Transfers.” transportation if any safety repairs are needed. Memorandum dated 7/14/2006 on “Escape Vehicles equipped with specialized gear for the Reporting” from the ICE/ERO Director, which transportation of detainees with physical disabilities specifies requirements for the reporting, tracking must also undergo appropriate inspections and and investigating of the escape of an ICE/ERO maintenance to ensure the equipment remains in detainee. good order. V. Expected Practices C. Transportation Planning and Scheduling A. Written Policy and Procedures Required The Field Office Director has overall responsibility for all aspects of vehicle operations. The facility administrator shall develop and implement written policy, procedures and guidelines The facility administrator (or designee) is responsible for setting schedules and monitoring vehicular 1.3 | Transportation (by Land) 37 PBNDS 2011 (Revised December 2016) maintenance, making logistical arrangements to with the CDL manual or the highest prevailing transport detainees, supervising and instructing standard and must maintain complete control of the personnel, and protecting detainee security. Before vehicle at all times. departure, the plans shall be revised as necessary, Driving under the influence of drugs or alcohol is based on weather and road conditions and any other prohibited. In addition to any other random testing relevant considerations. as part of a drug-free workplace program, all officers D. Transporting Officer Responsibilities assigned to transportation are subject to the U.S. Department of Transportation (DOT) drug—and 1. Training Required alcohol—testing program. To be assigned to a bus transporting detainees, an The transporting officers shall comply with all state officer must have successfully completed the and federal motor vehicle regulations (including ICE/ERO bus driver training program, or a DOT, Interstate Commerce Commission and comparable approved training program, and all local Environmental Protection Agency), including, but state requirements for a commercial driver’s license not limited to: (CDL). In addition, the driver must have the appropriate state issued CDL. a. wearing a seat belt when the vehicle is moving; Bus-driver trainees may operate the vehicle during b. holding a valid state issued CDL; any segment of a run when detainees are not on c. inspecting the vehicle, using a checklist and board, but only under the direct supervision of a noting any defect that may render the vehicle certified bus instructor licensed by the state in which unsafe or inoperable; they reside. d. transporting detainees in a safe and humane 2. Forms and Files manner; For each vehicle operator and other employees e. verifying individual identities and checking assigned to bus transportation duties, supervisors documentation when transferring or receiving shall maintain at the official duty station a file detainees; containing: f. driving defensively, taking care to protect the a. certificate of completion from a bus training vehicle and occupants, obeying traffic laws and program, as applicable; immediately reporting damage or accidents; b. copy of the CDL; g. re-inspecting the vehicle after each trip and 1) every motor vehicle operator shall complete completing a vehicle inspection report, including the following forms (or equivalent) for an odometer reading; his/her official personnel folder (OPF): SF-47, h. returning the vehicle keys to the control officer or G-392 and G-294. Every motor vehicle supervisor, according to facility procedures; operator is also responsible for renewing these i. recording authorized expenses (e.g., fuel, documents as necessary, and for providing to emergency services, oil) on Form G-205 or the OPF copies of all renewals and other (applicable current form; in event of an update, changes/updates. use the “Government-owned Vehicle Record”), 3. Operating the Vehicle specifying the exact amount and the date, and The driver shall operate the vehicle in accordance keeping all receipts and submitting them along 1.3 | Transportation (by Land) 38 PBNDS 2011 (Revised December 2016) with the appropriate form at the end of each contact the local law enforcement agency for advice month; and or permission to use one of its parking places. j. Safeguarding credit cards assigned to the vehicle. E. Officer Uniform and Equipment 4. Driving Hours and Number of Operators All officers transporting ICE/ERO detainees shall Each officer must recognize the limitations imposed wear their prescribed uniforms unless other attire is by his/her own driving skills, personal distractions authorized by the facility administrator. and environmental conditions, and must modify 1. Every transporting officer shall wear a uniform in his/her driving accordingly. The following rules accordance with established procedures.
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