Preface 0 PBNDS 2011

Table of Contents

1. SAFETY ...... 1 4.3 Medical Care ...... 277 1.1 Emergency Plans ...... 1 4.4 Medical Care (Women) ...... 304 1.2 Environmental Health and Safety ...... 22 4.5 Personal Hygiene ...... 309 1.3 Transportation (by Land) ...... 42 4.6 Significant Self‐harm and Suicide Prevention and Intervention ...... 314 2. SECURITY ...... 57 4.7 Terminal Illness, Advance Directives and Death ..... 320 2.1 Admission and Release ...... 57

2.2 Custody Classification System ...... 70 5. ACTIVITIES ...... 327 2.3 Contraband ...... 90 5.1 Correspondence and Other Mail ...... 327 2.4 Facility Security and Control ...... 95 5.2 Trips for Non‐Medical Emergencies ...... 335 2.5 Funds and Personal Property ...... 105 5.3 Marriage Requests ...... 339 2.6 Hold Rooms in Detention Facilities ...... 116 5.4 Recreation ...... 342 2.7 Key and Lock Control ...... 122 5.5 Religious Practices ...... 348 2.8 Population Counts ...... 131 5.6 Telephone Access ...... 359

2.9 Post Orders ...... 135 5.7 Visitation ...... 367 2.10 Searches of Detainees ...... 139 5.8 Voluntary Work Program ...... 382 2.11 Sexual Abuse and Assault Prevention and 6. JUSTICE ...... 388 Intervention ...... 150 6.1 Detainee Handbook ...... 388 2.12 Special Management Units ...... 178 6.2 Grievance System ...... 392 2.13 Staff‐Detainee Communication ...... 195 6.3 Law Libraries and Legal Materials ...... 401 2.14 Tool Control ...... 199 6.4 Legal Rights Group Presentations ...... 417 2.15 Use of Force and Restraints ...... 208 7. ADMINISTRATION AND MANAGEMENT ...... 425 3. ORDER ...... 225 7.1 Detention Files ...... 425 3.1 Disciplinary System ...... 225 7.2 Interview and Tours ...... 430 4. CARE ...... 241 7.3 Staff Training ...... 438 4.1 Food Service ...... 241 7.4 Detainee Transfers ...... 443 4.2 Hunger Strikes ...... 272 7.5 Definitions ...... 451

Table of Contents ii PBNDS 2011 (As Modified by February 2013 Errata)

1.1 Emergency Plans situations and to minimize their severity. 2. Staff shall be trained annually, at a I. Purpose and Scope minimum, in emergency preparedness and implementation of the facility’s emergency This detention standard ensures a safe plans. environment for detainees and employees by establishing contingency plans to quickly 3. An evacuation plan, in the event of a fire and effectively respond to emergency or other major emergency, shall be in situations and to minimize their severity. place, and the plan shall be approved locally in accordance with this standard This detention standard applies to the and updated annually at a minimum. following types of facilities housing ERO detainees: 4. Events, staff responses and command- related decisions during and immediately x Service Processing Centers (SPCs); after emergency situations shall be x Contract Detention Facilities (CDFs); accurately recorded and documented. and 5. Plans shall include procedures for x State or local government facilities used handling special-needs detainees during by ERO through Intergovernmental an emergency or evacuation. Service Agreements (IGSAs) to hold 6. The applicable content and procedures in detainees for more than 72 hours. this standard shall be communicated to Procedures in italics are specifically required the detainee in a language or manner the for SPCs and CDFs. IGSA facilities must detainee can understand. conform to these procedures or adopt, adapt 7. All written materials provided to or establish alternatives, provided they meet detainees shall generally be translated or exceed the intent represented by these into Spanish. Where practicable, procedures. provisions for written translation shall be Various terms used in this standard may be made for other significant segments of the defined in standard “7.5 Definitions.” population with limited English II. Expected Outcomes proficiency. 8. Oral interpretation or assistance shall be The expected outcomes of this detention provided to any detainee who speaks standard are as follows (specific another language in which written requirements are defined in “V. Expected material has not been translated or who is Practices”). illiterate. 1. Each facility shall have in place III. Standards Affected contingency plans to quickly and effectively respond to emergency This detention standard replaces

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“Emergency Plans” dated 12/2/2008. annually, at a minimum, on the facility’s IV. References emergency plans. Other training requirements, for example, American Correctional Association, climate monitoring, special response teams Performance-based Standards for Adult (SRTs), disturbance control teams (DCTs), Local Detention Facilities, 4th Edition: 4­ hostage negotiation teams (HNTs), video ALDF-1C-01, 1C-02, 1C-03, 1C-04, 1C-05, equipment and the command post—are 1C-06. specified in other sections of this standard. ICE/ERO Performance-based National B. Preventive Action Detention Standards 2011: 1. Climate Monitoring x “1.2 Environmental Health and Safety,” Staff alertness to changes in facility which provides requirements and “climate,” promptly reported, can be of guidelines for avoiding and mitigating critical importance in defusing a potentially dangerous situations, specifically with explosive situation. Detention management regard to fires, environmental hazards experience indicates that certain and evacuations; and circumstances may predictably contribute to x “2.15 Use of Force and Restraints,” increased tensions in a detained population. which provides requirements and Often such issues can be controlled or guidelines for emergency situations lessened before erupting into an incident or requiring the use of force. disturbance. Memorandum dated 7/14/2006 on “Escape Staff shall be trained to watch for signs of Reporting” from the ICE/ERO Director, mounting tension among the detainee which specifies requirements for the population, such as a spike in the number of reporting, tracking and investigating of the detainee requests and incident reports; escape of an ICE/ERO detainee. sullen, restless and short-tempered behavior; A helpful resource: A Guide to Preparing or detainees avoiding contact with staff for and Responding to Prison (including eye contact). Emergencies. The guide is available at Factors known to exacerbate tensions that www.ncicic.org. may lead to group disturbances include, but V. Expected Practices are not limited to: a. racism; A. Staff Training b. heightened complaints about food; Each facility shall include emergency preparedness as part of the initial c. dissatisfaction with the performance or orientation and training provided to all new attitude of a post officer; employees, and all staff shall be trained d. increasing complaints about recreation,

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medical care, visits, mail, etc.; reporting an emergency and should notify facility staff in a timely manner when e. gang activity; changes are made to the emergency plan. f. prohibited sexual activity; and 3. Pre-incident Considerations g. inaccurate or incomplete information When all attempts to defuse a volatile about detainee cases or facility policies. situation have failed, the facility 2. Staff Actions administrator shall determine how to Staff may improve their chances of resolving proceed, based on considerations of the and deflecting detainee unrest by: safety, welfare and protection of detainees, personnel, the general public and property. a. discussing plans, programs and procedures among themselves; C. Contingency Plan Development b. engaging in open dialogue between staff 1. Basic Planning and detainees to address concerns; a. Responsibility c. continuing to treat detainees fairly and Every facility shall designate the impartially; individual(s) responsible for developing d. reducing misunderstandings among and implementing emergency contingency detainees (for example, by enforcing and plans. All plans shall comply with the explaining rules that prevent any ICE/ERO detention standards for individual or group from imposing its will confidentiality, accountability, review and on other detainees); revision included in this section. e. resolving misunderstandings and conflicts 1) Each plan shall include procedures for as they arise; rendering emergency assistance (e.g., supplies, transportation and temporary f. encouraging participation in work and housing for detainees, personnel and/or recreational programs; TDY staff) to another ICE/ERO facility. g. routinely reporting to the facility 2) The Chief of Security or facility administrator on facility climate and administrator designee is the individual detainee attitudes; and responsible for developing each h. alerting supervisors at the first sign(s) of contingency plan and implementing the trouble, gang activity, group hostilities, plan when an emergency situation etc. occurs. In the development process, he Quick, decisive staff action can prevent the or she shall rely upon the expertise of start or spread of a disturbance. all department heads and ensure all departments have understood and are The facility administrator shall develop fully prepared to execute their written procedures for staff to follow when responsibilities under the plan.

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3) Each facility shall maintain an accurate 2. Keeping Plans Current inventory of identified equipment and The Chief of Security or facility shall review that inventory every six administrator designee shall: months, at a minimum, to ensure its a. update the plans as often as necessary accuracy. and forward them for facility b. Planning with Other Agencies administrator approval. If the facility Each facility shall develop contingency administrator requests changes, the Chief plans with local, state and federal law of Security or facility administrator enforcement agencies and shall formalize designee shall incorporate necessary those agreements with memoranda of changes and resubmit the plans within 30 understanding (MOU). days. Facility staff shall also be notified of 1) Facility/agency legal staff and/or the changes; respective ICE Office of Chief Counsel b. conduct annual contingency plan reviews, shall review MOUs for legal sufficiency with participation of every department and, in particular, adherence to other head; and agency rules regarding arrest authority, c. document each annual review and plan use of intermediate and deadly force, approval on the contingency plan file jurisdiction and outside-agency master copy, even when review results in involvement. no changes. 2) The facility administrator, or agency 3. Safeguarding Plan Confidentiality designee and representatives from the affected agencies shall co-sign the Every plan that is under development or is MOUs. final must include a statement prohibiting unauthorized disclosure. Staff may not discuss 3) Simulated exercises to test the any aspect of a plan within hearing distance of contingency plans shall occur on a a detainee, visitor or anyone else not permitted regular, mutually agreed-upon basis access to the plan. and recur annually at a minimum. The Chief of Security or facility 4) The facility administrator shall review administrator designee shall determine and approve contingency plans where copies of plans are to be stored, and in annually at a minimum. what quantity. A master copy shall be kept If any local, state or federal agency outside the secure perimeter, along with an deemed essential to emergency planning itemized list of plans and where to find them. declines to participate, the facility The Chief of Security or facility administrator shall inform the Field Office administrator designee shall implement a Director in writing and make periodic checkout system that accounts for all plans contact to revisit the issue. at all times, with safeguards against

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detainee access. Release of contingency plan maintain current data on the physical details requires the written approval of the capacities of each facility that can be used to facility administrator. quickly identify the best source(s) of The Chief of Security or facility emergency assistance. administrator designee shall send an 1. Chain of Command electronic file containing the facility’s The facility administrator shall identify the contingency plans to the Field Office Director chain of command for directing operations in and Assistant Director of the Detention an emergency. Management Division, Office of Enforcement 2. Command Post and Removal. Electronic files containing the facility’s contingency plans shall be marked a. Equipment for the Command Post “Confidential.” The facility shall set up a primary 4. Organization of the Contingency Plan File command post outside the secure perimeter that, at a minimum, is equipped a. General Plans as follows: A general section shall contain policy, ­ 1) internal/external phone capabilities; procedures and plans common to most a) private outside lines with: emergency situations. x a speakerphone for open b. Contingency-specific Plans conference calls between the facility and Field Office, to include The sections that follow the general Detention Management Division section shall contain contingency-specific command posts as applicable; and plans, as detailed below. They may x a second outside line to conduct all reference the provisions of the general other calls; section and will only reference the b) a separate line for internal exceptions and/or additions applicable to communications; the particular contingency. 2) radio equipment equipped for facility D. General Implementation of frequencies, and where permitted local Contingency Plans law enforcement communications and, as applicable, other federal law Each facility shall establish written policy enforcement agencies; and procedures addressing, at a minimum: 3) a computer with Internet capabilities; chain of command, command post/center, 4) a facility plot plan, including property staff recall, staff assembly, emergency maps, current building blueprints, local response components, use of force, video maps and overhead photographs; recording, records and logs, utility shutoff, 5) video recordings of building interiors employee conduct and responsibility, public within the secure perimeter (showing relations, and facility security. doors, windows, closets, ceilings, floors, The respective Field Office Director shall

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etc.); traffic, the Chief of Security or facility 6) escape-post kits, including maps, administrator designee may implement directions, etc. (as detailed under a pass system. “Contingency-specific Plans,” “Escape”); To ensure alertness and to prevent mistakes

7) contingency plans–one or more copies; and misjudgments as a result of fatigue or

8) Hostage Negotiating Team (HNT) stress: equipment; 9) a videotape or digital video disc (DVD) 1) command post staff must rotate shifts player/television; with personnel from the relief roster 10) a voice-activated recorder or after each shift; conventional tape recorder; 2) command post staff shall be relieved by 11) assault/breaching plans (building personnel from the relief roster for specific, as appropriate for the facility); short breaks during each shift; and and 3) briefing should take place which covers 12) a supply kit containing general the events of the previous shift and any supplies that may be needed (at a activities carrying over to the next shift. minimum: logbooks, blank rosters, purchase orders and writing c. Activating the Command Post instruments). The Chief of Security or facility b. Staffing the Command Post administrator designee shall activate the Command post staffing shall include, but command post at the facility is not limited to, the following: administrator’s direction. 1) facility administrator or incident The activated command post shall commander; immediately open the conference-call line to the Field Office and ERO headquarters 2) assistant facility administrator; Detention Management, and the Response 3) Chief of Security or facility Coordination Divisions, if applicable. The administrator designee; Field Office Director or headquarters 4) a staff member to log activities in divisions may wait until the dimensions of chronological order; the unfolding incident are known before deciding to activate their command posts. 5) a staff member to manage communications with the Field Office, The facility’s command post shall remain maintaining open lines of activated 24 hours-a-day until the communication during the situation; situation is resolved or until the facility and, administrator, in consultation with the Field Office Director, determines

6) a staff member to control traffic into activation to be no longer necessary. and out of the command post. To control incoming and outgoing command post d. Testing and Training 1.1 | Emergency Plans 6 PBNDS 2011 (As Modified by February 2013 Errata)

Emergency preparedness activities shall detainees; and include activating the command post c. designate backup areas for each primary phone lines and other logistical support and secondary area and specify systems monthly, at a minimum, to test exceptions, if any, for a specific equipment and familiarize staff with the contingency. command post and its equipment. 5. Emergency Response Components 3. Emergency Recall List The facility administrator shall ensure that As detailed in standard “2.4 Facility Security the appropriate personnel are trained, and and Control,” the facility control center is shall establish and maintain DCTs, SRTs required to maintain a list of the phone and HNTs based on ICE criteria. numbers of every officer, administrative/support services staff, The DCT shall consist of trained staff emergency response components and law members in protective equipment who are enforcement agencies. The facility should capable of an unarmed response to a crisis. prominently feature the following notice: They shall have access to less-than-lethal response tools, including standard riot “This information must be safeguarded. Use batons and chemical agents. is restricted to those who need the information in the performance of their SRTs are highly trained, well-equipped official duties. Misuse may subject the user tactical teams capable of providing both less­ to criminal liability. This agency shall view than-lethal as well as lethal response any misuse of this information as a serious options. violation of the employee code of conduct, HNTs are trained negotiators whose goal is which may result in disciplinary action, to bring successful resolution to a crisis including removal.” through verbal dialogue. For emergency response purposes, the If the facility does not have the capacity to control center shall also maintain a current establish or maintain these emergency roster of all Field Office and ICE/ERO response components, the facility headquarters Detention Management and administrator shall develop agreements or Response Coordination Division numbers. MOUs with local, state or federal agencies, 4. Assembly of Staff as appropriate, for these resources. The facility administrator shall: 6. Use of Force a. develop control center procedures for Any force that must be used to control an executing an all-staff recall; emergency situation shall be in accordance with standard “2.15 Use of Force and b. designate primary and secondary areas for Restraints” and any other applicable ICE staff assembly, preferably in a location policies on the use of force. where they cannot be observed by

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Emergency plans shall be based on, and record of events during the emergency, consistent with, ICE policy governing the use including all command-related decisions and of force, as reflected in the following three discussions, phone calls and radio documents: transmissions. a. ICE Interim Use of Force Policy (July Radio transmissions shall be documented by 7, 2004), as amended or updated; a voice-activated or conventional tape b. ICE Interim Firearms Policy (July 7, recorder whenever possible. 2004), as amended or updated; and Command post staff shall also maintain a c. “ERO Addendum to Interim ICE reading file to update staff coming on duty. Firearms” memorandum to Field Office 9. News Media/Public Relations Directors from Wesley J. Lee, Acting ICE The public information officer is responsible Director (July 11, 2005), as amended or for coordinating briefings with news and updated. television media. All media releases shall be 7. Video Equipment coordinated through the Field Office public affairs liaison. At least one video camera shall be maintained in the control center for use in 10. Facility Security emergency situations, and the facility The facility administrator shall provide administrator shall ensure that it is written procedures for: maintained, tested and supplied as required a. detainee recall and lockdown; in “Maintaining Audiovisual Recording Equipment and Records” found in standard b. counts (in accordance with the standard “2.15 Use of Force and Restraints.” “2.8 Population Counts”); The detention standard on “2.15 Use of Force c. intensified security; and Restraints,” also details requirements d. security key access (including issuance and procedures for video-recording use-of­ and accountability, drop chute, etc.); and force incidents. e. evidence seizure and preservation. Shift supervisors or facility administrator 11. Health Services Responsibilities designees, along with other designated staff, shall be trained to use video equipment and The plan shall specify procedures for receive additional training on such technical providing immediate and follow-up medical issues as how to identify tapes or DVDs and care to detainees and staff under every photographs by date and location. emergency scenario outlined in “E. 8. Records and Logs Contingency-specific Plans.” 12. Food Service Responsibilities The facility administrator shall designate the command post staff member who shall The plan shall specify procedures for keep a date-and-time chronological logbook updating the Food Service Administrator 1.1 | Emergency Plans 8 PBNDS 2011 (As Modified by February 2013 Errata)

(FSA) on such issues as the number of people the control center or outside the secure who shall be on duty and require meals. perimeter. A determination as to the type of The FSA shall make contingency plans for radios being used in the facility shall dictate providing meals to detainees and staff whether the battery charging units shall be maintained outside the secure perimeter. If during an emergency, including access to community resources, which the FSA shall the radios can be taken off-line and rendered negotiate during the planning phase. useless, the battery charging units may be maintained inside the secure perimeter. If 13. Maintenance Department Responsibilities not, they shall remain outside the secure The plan shall provide for emergency utility perimeter. control, including plot plans identifying 18. Post-emergency Procedures locations of water and gas shut-off valves and electrical circuit breakers. It is The post-emergency part of the plan shall suggested that the utility shut-offs be include the following action items: photographed and included in the plans for a. segregating the detainees involved in the quick identification during an emergency. incident; 14. Employee Conduct and Responsibility b. treating and documenting employee and The plan shall address professional conduct detainee injuries; and responsibility, including what to do if c. seizing, documenting and preserving taken hostage with instructions and evidence; guidelines. d. assigning accountability (especially for 15. Facility Access Routes sensitive equipment and staff); The plan shall specify alternate means of e. assessing damage and necessary repair; reaching the facility for emergency staff if f. collecting written reports ; the main approach becomes dangerous or inaccessible (e.g., during a civil disturbance, g. coordinating legal actions/prosecutions; adverse weather conditions, fire, etc.). h. debriefing involved staff, and following-up 16. Nearby Residents for additional analysis and/or implicated The plan shall specify how and when staff changes in policy or procedures; and shall notify nearby residents of the situation, i. conducting general review and critique of including sharing information such as type of emergency operations and management, emergency, actions being taken, evacuation with a follow-up agenda including, but not routes (if applicable) and special precautions. limited to: 17. Communications Equipment/Radio 1) monitoring the facility climate, and The plan shall specify whether the remote 2) revising the contingency plan. battery charging units shall be maintained in E. Contingency-specific Plans

1.1 | Emergency Plans 9 PBNDS 2011 (As Modified by February 2013 Errata)

The facility shall compile individual The facility administrator shall determine contingency specific plans, as needed, and the course of action to pursue, based on: approved by the Field Office Director in the 1. whether strikers have announced when following order: the strike shall end;

1. fire; 2. occurrence of or potential for violence;

2. work/food strike; 3. the number of detainees involved; and

3. disturbance; 4. prospects for neutralizing the problem. 4. escape emergency; 3. Disturbance (Internal) 5. hostages (internal); After determining the course of action to 6. search (internal); pursue, the facility administrator shall direct staff to implement the action plan, which 7. bomb threat; shall cover at a minimum: 8. adverse weather; 1. controlling utilities; 9. civil disturbance; 2. securing available emergency entrances 10. environmental hazard; (e.g., food service, housing areas, etc.); 11. detainee transportation system; 3. notifying and assembling trained 12. evacuation; emergency responders/other staff and equipment; 13. ICE-wide lockdown; 4. dispensing chemical agents in specific 14. staff work stoppage; and areas; 15. if needed, other site-specific plans. 5. maintaining perimeter security (including 1. Fire crowd, traffic and media control); The safety/maintenance supervisor shall 6. shutting down detainee telephone develop a comprehensive fire control plan, in systems; accordance with the “Fire Prevention and 7. notifying outside agencies; and Control” section of standard “1.2 Environmental Health and Safety.” 8. removing controlled substances from the pharmacy area. The Chief of Security or facility administrator designee shall develop a 4. Escape procedural outline for shift supervisors or a. Implement Local Procedures facility administrator de-signees to follow in The facility administrator shall deploy the event that a fire occurs during non-duty staff to primary and secondary escape hours. posts, or to directional escape posts, 2. Work/Food Strike designating a timekeeper/recorder for

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each: database. The Field Office Director is also required to conduct an investigation, 1) Primary determine whether proper procedures Fixed and mobile posts near the facility; were observed and provide a report to the 2) Secondary Detention Management Division. Fixed and mobile posts beyond the c. Escape-post Equipment immediate facility area; Escape-post equipment kits shall be stored 3) Directional Posts in the command center and include, at a No fixed location and based on minimum: situational intelligence that indicates a 1) a flashlight; direction for the search. 2) restraints (handcuffs and/or flex-cuffs) b. Notification to Authorities and tools necessary for removal; The facility administrator shall: 3) a packet containing post location, Immediately notify local, state and federal map(s), fact sheet highlighting arrest law enforcement officials and ensure that authority, search procedures, the respective Field Office is immediately apprehension techniques, etc.; notified. Ordinarily, in a CDF, notification shall be through the facility’s ICE/ERO 4) a radio; and COTR and, in an IGSA facility, through 5) binoculars (as applicable). the ICE/ERO representative. d. Escape by Aircraft Within one hour of discovery, the escape 1) Staff should observe and record aircraft shall be reported to the nearest U.S. description, including details such as Marshals Service office if the escapee was: colors, registration or tail number, 1) convicted of a criminal violation, and/or direction of flight, etc. 2) paroled for deportation prior to the 2) Notify local law enforcement and completion of his or her sentence. Federal Aviation Administration. Additional requirements for ICE/ERO are 3) Firing on aircraft is prohibited, except detailed in the 7/14/2006 memorandum to return fire originating from the from the ICE/DRO Director cited above aircraft. Even in such case, however, under References. Briefly, those the usual deadly-force considerations requirements include reporting the escape apply, and staff must carefully weigh through the Significant Incident consequences (e.g., the aircraft may Reporting (SIR) system, and forwarding crash into a building, the pilot is most an escape report to the ERO Detention likely under duress, etc.). Management Division for tracking in the 5. Hostage Situations National Escape Tracking System (NETS) a. ICE/ERO Field Office Hostage Situation

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Management Plan a) Requirements for the team leader The Field Office hostage situation include: experience and skill management plan shall make available applying hostage negotiation the essential logistical support and local principles and strategies, and/or backup resources (e.g., equipment, demonstration of working effectively expertise, personnel) to any affected under stress and proven leadership facility in the jurisdiction. ability. The facility administrator shall generally select a department 1) The Field Office and Response head as the team leader. Coordination Division shall jointly provide designated facilities with well- b) Negotiators must possess strong trained and well-equipped HNTs. verbal/interpersonal skills, personal maturity, a commitment to 2) The plan shall identify, for each facility, negotiation as the key to conflict the backup personnel, mental health resolution, flexibility and a history of professionals and others as needed working well under pressure. during a prolonged crisis. The Field Office shall maintain a list of all 2) The headquarters response ICE/ERO hostage-negotiation coordination division shall: trainers/consultants and trained a) maintain a roster of ICE/ERO negotiators in the jurisdiction. personnel who are trained in hostage 3) The Field Office Director, in negotiation and qualified and consultation with the facility available for work on an HNT in any administrator, shall ensure the ICE/ERO facility; and availability of crisis support teams, b) provide copies of the roster to the consisting of trained Field Offices and keep them updated. counselors/therapists, to: 3) HNT members shall convene for no less

a) provide post-crisis services to staff than eight hours of duty time every and families, and month to plan and practice negotiation b) upon request, assist facilities to scenarios, and consult with other law develop site-specific emergency plans enforcement agencies. To solidify for victims and their families. working relations and complementary strategies and techniques/tactics, an b. Hostage Negotiation Teams (HNTs) SRT member shall serve as team liaison 1) Each facility’s core negotiation group and routinely attend the negotiation (generally the team leader, primary team’s monthly sessions. negotiator and mental health expert) shall attend hostage negotiation 4) Whenever possible, the negotiation training and be certified as hostage team shall conduct annual joint negotiators. training sessions with negotiators from 1.1 | Emergency Plans 12 PBNDS 2011 (As Modified by February 2013 Errata)

other law enforcement agencies and every aspect of the crisis on a regular maintain contact with counterparts in schedule until the crisis is resolved. The other agencies. ERO headquarters Field Operations Assistant Director may assume control of 5) Training exercises integrating the a large-scale operation involving activities of the command post, HNT coordination with other ICE/ERO and SRT, shall occur every six months components and law enforcement to underscore the importance of a total agencies, as necessary. facility response to a hostage situation. As participants collaborate and 1) The facility administrator shall interact, they shall experience how immediately report a hostage situation other operational teams think and to the Field Office Director, who shall in function, and shall learn what each can turn notify the Field Operations contribute in a crisis. Assistant Director. The facility administrator shall assign a senior 6) Every negotiation team shall have manager to serve as liaison with the access to portable communication Field Office and Field Operations. equipment or “throw phones.” To operate the equipment when needed in 2) The facility administrator shall notify an emergency, team members shall the FBI and other agencies, as have access to the equipment for appropriate, of the situation. routine practice sessions. A 3) Under no circumstances may facilities communications equipment expert, cede command authority to external thoroughly familiar with the operation law enforcement agencies (such as the of the throw phone, shall be available to FBI) unless required in a signed MOU. each negotiation team during practice exercises. d. Disturbance Containment and Facility Security 7) Each facility shall maintain a list of The facility administrator shall: translator services and interpreters, in the event one is needed for hostage 1) prevent movement into or out of the negotiation. scene of the hostage area; 8) Each facility shall also make provisions 2) add exterior, armed patrols; for use of an electronic translator, such 3) terminate detainee telephone usage; as a hand-held computer that 4) limit or curtail staff radio usage; translates spoken English phrases into other languages. 5) remove visitors and civilians, including contract employees and volunteers; c. Chain of Command in Hostage Situations The facility administrator shall ensure the 6) recall detainees for immediate official Field Office Director is kept informed of count;

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7) remove detainees from the hostage area. communication to/from hostage If in a housing unit, move the detainees takers). into temporary housing, in accordance 3) Hostage negotiators shall have no with written, site-specific procedures; decision-making authority. Negotiators and shall maintain close contact with the 8) conduct staff roll call, in accordance decision makers and persons in charge with written procedures, to determine of tactical assault teams by means of the number and identity of hostages. continuous briefings on the status of negotiations. e. Negotiations The facility administrator shall have no 4) Certain issues, such as releasing hands-on involvement in the negotiation hostage-taker(s) from custody, process. Once the emergency response providing weapons, arranging hostage component has contained and stabilized exchange and immunity from the immediate situation, the trained HNT prosecution are not open to negotiation. shall take over. 5) Third-party participation in 1) Hostage negotiators act as negotiations shall be consultative only. intermediaries between the command 6) Unless formally involved in post and the hostage-takers, keeping negotiations, staff shall have no contact the lines of communication with the with hostage-takers. hostage-takers open and maintaining calm while working toward a nonviolent f. Status of Certain Staff during and after a resolution. Hostage Situation 1) Regardless of the individual’s rank or

2) The HNT shall include: authority under normal conditions, a) a team leader (manages negotiations; facility personnel shall not be bound by command post liaison); instructions/orders/suggestions from any supervisor or other staff member b) a primary negotiator (communicates who is a hostage. directly with hostage-takers); 2) A staff member with a relative or close c) a secondary negotiator associate among the hostages shall be (advises/assists primary negotiator); relieved from duty, responsibility and d) a mental health professional authority pending resolution of the (observes, provides psychological incident. analyses/assessments and advice; 3) Emergency plans shall specify monitors stress levels and emotional procedures for screening freed hostages climate); and for medical and psychological problems. e) a note-taker (documents all a) The ICE Health Services Corps

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(IHSC) or designated Employee distinct from the HNT. Assistance Program (EAP) contact b) The two teams shall have no shall coordinate and conduct the members in common. screenings and debriefings of all hostages and other employees 3) At the family service center, the crisis involved in the disturbance. support team shall provide members of affected families accurate information,

b) Psychological screenings should take updates and breaking news and place before the freed hostage is professional advice and help. relieved of duty, to guide decisions about counseling/therapy and work 4) The crisis support team shall directly reentry. address children’s stress and stress- generated behavior. The EAP may

c) IHSC shall advise the senior official assist with family stress management. in charge regarding any employees who may be unfit for duty. h. Media News media organizations shall abide by

4) The facility administrator shall ensure the policies and procedures of the facility. a debriefing with former hostages after The staff member handling press releases their psychological and medical and inquiries is responsible for: screenings, unless IHSC staff advises postponement. 1) situating any present media representatives in an area where their

5) Emergency plans shall also provide for presence shall not interfere with debriefing personnel not taken hostage, emergency operations; but significantly involved in the operation to free hostages. This 2) arranging regular briefings; and debriefing should take place prior to the 3) handling incoming inquiries. staff member being released from duty. 6. Search (Internal) g. Hostage Family Services a. Search Teams 1) The facility administrator shall notify hostages’ families of the situation as The shift supervisor or facility early as possible. administrator designee shall serve as search coordinator, dispatching a separate

2) If the hostage situation is not resolved two-officer search team for every missing quickly, the Field Office Director (or detainee, at least one of whom shall be designee) shall identify members of a thoroughly familiar with the assigned crisis support team and direct them to search area. establish a family service center at the facility. The supervisor shall direct search teams to draw designated keys from the facility’s

a) The crisis support team shall be key control area, specify which search

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method to use, instruct assigned teams to (credibility of threat); and search areas identified to be searched, e) caller’s gender, accent, tone, and including areas with non-standard other characteristics. construction features (temporary or permanent), and assign a designated radio 2) Mail Threat frequency. The facility administrator shall instruct staff to consider suspect any letter or b. Equipment (at a minimum): package with:

1) master blueprint or schematic for a) oily/greasy stains/discoloration; search coordinator; b) an incorrect title/department for the

2) separate blueprints for each search addressee; area; c) the addressee’s name misspelled; 3) radios (one per team); d) disproportionate weight relative to

4) flashlights; the size of the envelope or box; and/or:

5) restraints; e) no return address.

6) ladders; 3) Written Threat 7) tools as needed; and Upon receipt of a written threat, staff shall treat the paper or other means of 8) riot batons. communication as they would any other 7. Bomb Threat criminal evidence, preventing a. Immediate Response unauthorized handling of the material 1) Phone Threat and saving all material associated with The facility administrator shall develop the delivery (e.g., envelope, wrapping). a “script” for staff to follow upon 4) In-person Threat receiving a telephoned bomb threat; Staff shall elicit as much information as script shall be available at every staff possible from the person who has telephone for instant access. (FBI Bomb delivered an in-person threat; a Threat DATA Form, DOJ 370) supervisor shall be contacted as soon as The objective of the scripted questions possible. is to secure the following information b. Searching for a Bomb from and about the caller: When searching for a bomb following a a) bomb location; perceived or real threat, the shift b) time set for detonation; supervisor or facility administrator designee shall notify the local fire c) type of explosive; department and hospital, in addition to d) caller’s affiliation/self-identification the Chief of Security or facility 1.1 | Emergency Plans 16 PBNDS 2011 (As Modified by February 2013 Errata)

administrator designee, facility 2) An explosives expert from the Bureau of administrator, safety/maintenance Alcohol, Tobacco and Firearms, the supervisor and other appropriate facility FBI, the local fire chief or other officials. explosives expert, shall conduct the investigation. 1) Search teams shall report any suspicious object immediately upon 8. Adverse Weather discovery. At least one member of each After defining and mapping the interior- and search team shall know the assigned perimeter-post areas, the facility area well enough to spot changes (e.g., administrator shall: unusual objects, items moved from their a. prepare a separate map showing locations normal locations, etc). of all unarmed interior posts; 2) If appropriate, the facility b. establish and equip fog-patrol posts; administrator shall order a power shutdown. c. establish procedures and assign responsibility for ensuring equipment is c. If a Bomb Is Found available and in working order at all 1) Team members shall keep as still as times; possible, and power off all radios, body d. prepare another map showing locations of alarms, cell phones and any and all all perimeter/exterior posts: electronic equipment capable of emitting an RF signal. 1) identify each as armed or unarmed; 2) Incoming traffic shall cease. 2) list the weapons to be used at armed posts, and where they can be drawn; 3) The shift supervisor or facility and administrator designee shall notify the bomb-removal agency listed in the 3) store multiple copies of the interior— written procedures. and perimeter—post maps in the control center and command center. 4) Officers shall clear the surrounding area. e. ensure that perimeter security has been enhanced with additional staff; d. After an Explosion f. remove objects and items that could 1) The safety/maintenance supervisor become airborne and act as missiles shall implement appropriate measures, during high winds; in accordance with written procedures, that assume: g. ensure staff is appropriately provided with necessary foul weather gear; a) structural damage; and h. ensure generators are functioning b) additional bomb(s) properly and have an adequate supply of

1.1 | Emergency Plans 17 PBNDS 2011 (As Modified by February 2013 Errata)

fuel for a protracted situation; and a. Safe Harbors i. ensure that if institution is placed on The facility administrator shall identify lockdown status, a briefing with staff and equip one or more “safe harbor” occurs. area(s) in the facility. 9. Civil Disturbance 1) Designated areas shall have the capacity to house a large number of a. Scenarios detainees safely and securely for two or The plan shall address various civil three hours, providing amenities such disturbance scenarios including, at a as a gym, auditorium, food service area, minimum, the following: a single event etc. (small/large); several coordinated events at one or more locations, at once or at 2) Every designated safe harbor shall staggered multiple times; type of event maintain supplies of, at a minimum, and individuals involved; and involvement potable water, duct tape, plastic and of other law enforcement agencies. other items intended for use during an environmental hazard. For each of several scenarios, the plan shall specify procedures for multiple Every department (e.g., food service, deployments involving the same and/or medical, maintenance, recreation, different kinds of equipment and teams, administration, etc.) shall have written e.g. in the event of simultaneous procedures and at least three days’ demonstrations. provisions for use in temporary quarters, with the objective to minimize b. Basic Procedures disruption to daily routine. The plan shall specify procedures for standard activities, including but not b. Procedures for an Environmental Hazard limited to the following: 1) The facility administrator shall 1) denying access to facility property (e.g., designate an officer to supervise a via barricades, roadblocks); detainee crew, which shall seal off specified area(s) in a timely manner. 2) using crowd control equipment with the general public; a) Staff and detainees shall receive necessary training as part of the 3) notifying/involving other law facility’s emergency-preparedness enforcement agencies; training program. 4) establishing detention areas; b) The plan shall specify how often and 5) marking unmarked property lines; and where specialized training shall 6) providing medical care. occur. 10. Environmental Hazard c) The plan shall specify the number of employees and detainees to receive

1.1 | Emergency Plans 18 PBNDS 2011 (As Modified by February 2013 Errata)

the training. d. medical assistance; 2) The safety/maintenance supervisor e. replacement transportation (if vehicle shall, if necessary, shut down disabled); ventilation units (e.g., cooling/heating f. notification to other law enforcement systems, fans, etc.). agencies; and/or 3) The shift supervisor or facility g. holdover lodging. administrator designee shall direct the detainees’ orderly transfer to safe 12. Evacuation harbor areas. The facility administrator shall have 4) To ensure accountability, staff shall emergency contracting authority during an transport detainee identification cards officially-approved evacuation. In the event to safe harbor areas. of an emergency, community resources shall likely be directed towards hospitals, nursing 5) Detainees may take no personal homes, schools and other vital infrastructure property, with the exception of and may not be available therefore, it is prescribed medicine, into safe harbor recommended that facilities enter into areas. contract negotiations with vendors within 75 6) When the danger has passed, the shift to 100 miles to provide needed resources at supervisor or facility administrator de­ an agreed-upon cost. signee shall direct the detainees to a. Facility Evacuation Plan return to their housing areas, after The facility’s plan shall factor in all which staff shall conduct a population variables, and combinations of variables, count. that may precipitate or affect a mass 7) If environmental conditions worsen or evacuation, such as the following fail to improve within an acceptable contingencies and their repercussions: time frame, the facility administrator 1) minimal warning/preparation time; shall implement the facility’s evacuation plan. 2) weather-related complications (e.g., tornadoes, hurricanes, blizzards); 11. Detainee Transportation System 3) an area-wide disaster that would limit If an emergency occurs while detainees are facility access to state and local being transported, the facility administrator emergency services (e.g., police, fire shall, upon request of transportation staff, department, hospitals, military, etc.) provide any or all of the following: and transportation providers; and a. vehicular escort; 4) failure of at least 10 percent of staff to b. personnel; respond when recalled. [NOTE: The c. mechanical assistance; type and scope of the emergency shall

1.1 | Emergency Plans 19 PBNDS 2011 (As Modified by February 2013 Errata)

determine whether and by how much 5) notify state and local authorities; and that percentage may increase.] 6) conduct (exit) emergency count. b. Evacuation Scenario e. Facility Shutdown For every evacuation scenario, the plan To achieve facility shutdown, the facility shall: administrator shall:

1) identify and prepare a list of suppliers 1) verify detainee count; to provide essential goods and materials during the emergency; 2) implement internal search plan, as appropriate; 2) prepare an alternative list, identifying product substitutions and alternate 3) apply emergency utility controls; and suppliers; and 4) secure the site, to extent possible. 3) assign priorities among the essentials f. Transition to Temporary Site listed, recognizing shortages likely to To transition to a temporary site, the occur during an area-wide emergency. facility administrator shall: c. Transportation and Supplies 1) confirm the previously projected The facility administrator shall secure as number of vehicles needed for: many signed contracts, agreements and a) detainees, and commitments for transportation and supplies as needed in the event that b) supplies. federal and other public-sector resources 2) record vehicle data, including number are unavailable. and source(s); d. Pre-evacuation Procedures 3) reconfirm security arrangements with The facility administrator shall perform other ICE/ERO components, the the following pre-evacuation procedures: Bureau of Prisons, U.S. Marshals 1) enact emergency staff recall (time Service, local and state agencies and permitting); the military; 2) implement procedures to retrieve/pack 4) separate Special Management Unit detainees’ personal property, central (SMU) detainees before moving, files, medical records, etc.; individually or as a group, to another such unit or to a local detention facility 3) implement department-by-department equipped to accommodate SMU procedures to transport material detainees’ security and safety needs; needed to conduct daily operations at and the temporary site (e.g., personnel files, blank rosters, forms, etc.); 5) confirm staffing/assignments, including temporary duty arrangements. 4) deploy emergency equipment;

1.1 | Emergency Plans 20 PBNDS 2011 (As Modified by February 2013 Errata)

13. Nationwide Lockdown detainees, in writing, why the lockdown is In the event of a compelling need to secure all necessary, what to expect, and how long it ICE/ERO facilities, the ERO headquarters is likely to last. The facility administrator Field Operations Assistant Director shall shall provide this detainee notification as notify Field Office Directors, who shall notify soon as possible after implementing the the facility administrators. necessary procedures (as detailed in preceding paragraph). a. Lockdown Procedures The facility administrator shall implement c. Health Services the following lockdown procedures: Health services staff shall make their regularly scheduled rounds. 1) perform emergency detainee count; d. Termination of Lockdown 2) conduct staff briefing (may include When the nationwide lockdown is interim increase to 12-hour shifts); terminated, the facility administrator 3) suspend detainee access to telephones shall: and televisions; 1) relax the lockdown systematically, 4) suspend visitation (designated staff according to written procedures; shall attempt to contact individuals 2) implement a lockdown recovery plan; with visits planned; detainees may notify interested persons of the The plan shall include slowly returning lockdown and suspension of visits by the facility to normal operating mail); procedures by bringing small groups out at a time (e.g., one range of a pod in 5) provide meal service in the housing each housing unit), feeding one range at units; a time, then gradually increasing over a 6) activate the command post; and period of 48 hours. This gradual return affords staff the ability to accurately 7) contact specialized personnel and assess the mood of the population and teams, as appropriate (SRTs, HNTs, take appropriate actions as needed. etc.). b. Communication The facility administrator shall inform the

1.1 | Emergency Plans 21 PBNDS 2011 (As Modified by February 2013 Errata)

1. Facility cleanliness and sanitation shall be 1.2 Environmental Health maintained at the highest level. and Safety 2. Compliance with all applicable federal, I. Purpose and Scope state and local safety and sanitation laws shall be ensured by documented internal This detention standard protects detainees, and external inspections, and by corrective staff, volunteers and contractors from injury action when indicated. and illness by maintaining high facility 3. Compliance with all applicable fire safety standards of cleanliness and sanitation, safe codes and fire safety performance work practices and control of hazardous requirements for facility furnishings shall substances and equipment. be ensured. This detention standard applies to the 4. Flammable, poisonous, toxic and caustic following types of facilities housing ERO materials shall be controlled and used in a detainees: safe manner. x Service Processing Centers (SPCs); 5. Compliance with fire prevention x Contract Detention Facilities (CDFs); regulations, inspection requirements and and other practices, including periodic fire drills, shall ensure the safety of detainees, x State or local government facilities used staff and visitors. by ERO through Intergovernmental Service Agreements (IGSAs) to hold 6. Staff shall be knowledgeable about detainees for more than 72 hours. procedures an.3 Procedures in italics are specifically required 7. d responsibilities during emergency for SPCs, CDFs, and Dedicated IGSA situations, including those that require facilities. Non-dedicated IGSA facilities evacuation, in accordance with a written must conform to these procedures or adopt, plan and with training at least annually. adapt or establish alternatives, provided 8. The facility shall have a written plan for they meet or exceed the intent represented immediate release of detainees from by these procedures. locked areas, and provisions for a back-up Various terms used in this standard may be system. defined in standard “7.5 Definitions.” 9. A sufficient number of properly positioned II. Expected Outcomes emergency exits, clear from obstruction, shall be distinctly and permanently The expected outcomes of this detention marked. standard are as follows (specific 10. Preventive requirements are defined in “V. Expected maintenance and regular inspections shall Practices”).

1.2| Environmental Health and Safety 22 PBNDS 2011 (As Modified by February 2013 Errata)

be performed to ensure timely emergency IV. References repairs or replacement and to prevent dangerous and life-threatening situations. American Correctional Association, Performance-based Standards for Adult 11. Potential disease transfer shall be Local Detention Facilities, 4th Edition: 4­ minimized through proper sanitization of ALDF-1A-01, 1A-02, 1A-03, 1A-07, 1A-14, barbering equipment and supplies. 1A-15, 1A-16, 1A-17, 1A-18, 1A-19, 1A­ 12. Pests and vermin shall be controlled and 20,1C-01, 1C-02, 1C-03, 1C-04, 1C-05, IC-07, eliminated. 1C-08, 1C-09, 1C-10, 1C-11, 1C-12, 1C-13, 13. Safe, potable water shall be available 1C-14, 1C-15, 4B-07, 4C-18. throughout the facility. Occupational Safety and Health 14. Emergency lighting and life-sustaining Administration (OSHA) Regulations. equipment shall be maintained and NFPA Standards. periodically tested. U.S. Public Health Service Report on 15. Disposal of garbage and hazardous waste Carcinogens. shall be in compliance with applicable government regulations. V. Expected Practices 16. The applicable content and procedures in A. Environmental Health and Safety this standard shall be communicated to 1. General Environmental Health the detainee in a language or manner the Environmental health conditions shall be detainee can understand. maintained at a level that meets recognized All written materials provided to detainees standards of hygiene, including those from shall generally be translated into Spanish. the: Where practicable, provisions for written a. American Correctional Association; translation shall be made for other significant segments of the population with b. Occupational Safety and Health limited English proficiency. Administration; Oral interpretation or assistance shall be c. Environmental Protection Agency; provided to any detainee who speaks another d. Food and Drug Administration; language in which written material has not been translated or who is illiterate. e. National Fire Protection Association’s Life Safety Code; and III. Standards Affected f. National Center for Disease Control and This detention standard replaces Prevention. “Environmental Health and Safety” dated The health services department or 12/2/2008. equivalent shall assist in the identification

1.2 | Environmental Health and Safety 23 PBNDS 2011 (As Modified by February 2013 Errata)

and correction of conditions that could workers. Detainees shall receive safety adversely impact the health of detainees, instruction as necessary for living area- employees and visitors. The facility related assignments, such as working with administrator designee for environmental cleaning products to clean general use areas. health is responsible for developing and Detainee living area safety shall be implementing policies, procedures and emphasized to staff and detainees to include guidelines for the environmental health providing, as noted in the standards, a program that are intended to identify and housekeeping plan. For example, when there eliminate or control as necessary, sources of are safety concerns with a detainee sleeping in injuries and modes of transmission of agents a top bunk that is not along a wall and that or vectors of communicable diseases. has no bed rail, accommodations shall be made The facility administrator designee shall: to ensure safety. (Because of the potential a. conduct special safety investigations and safety risk they pose, bed rails are not common comprehensive surveys of environmental in detention settings except for medical health conditions; and housing units.) In locations where ladders are unavailable, alternate accommodations, such b. provide advisory, consultative, inspection as the use of bottom bunks or the addition of a and training services regarding ladder or step, shall be made for detainees on a environmental health conditions. case-by-case basis. Detainees who have The health services administrator or medical or physical problems that may be equivalent is responsible for: aggravated by sleeping on a top bunk shall be referred to the medical unit for consideration a. implementing a program that assists in of a lower bunk permit. maintaining a high level of environmental sanitation; and 3. General Housekeeping b. providing recommendations to the facility The facility administrator shall ensure that administrator concerning environmental staff and detainees maintain a high standard health conditions, in consultation with the of facility sanitation and general cleanliness. environmental health designee. When possible, the use of non-toxic cleaning supplies is recommended. 2. Staff and Detainee Safety a. All horizontal surfaces shall be The facility administrator shall ensure that dampdusted daily with an approved adequate provisions are made for staff and germicidal solution used according to the detainee safety, in accordance with these manufacturer’s directions. detention standards and applicable law. Standard “7.3 Staff Training” further b. Windows, window frames and windowsills addresses employee training-related issues. shall be cleaned on a weekly schedule. Standard “5.8 Voluntary Work Program” c. Furniture and fixtures shall be cleaned addresses detainee training issues for daily. 1.2 | Environmental Health and Safety 24 PBNDS 2011 (As Modified by February 2013 Errata)

d. Floors shall be mopped daily and when At least every two weeks, emergency power soiled, using the double-bucket mopping generators shall be tested for one hour, and technique and with a hospital the oil, water, hoses and belts of these disinfectant-detergent solution mixed generators shall be inspected for mechanical according to the manufacturer’s readiness to perform in an emergency directions. situation. e. A clean mop head shall be used each time Power generators are to be inspected weekly the floors are mopped. and load-tested quarterly at a minimum, or f. Waste containers shall weigh less than 50 in accordance with manufacturer’s lbs., be non-porous and lined with plastic recommendations and instruction manual. bags; the liner shall be changed daily. Technicians shall check starting battery voltage, generator voltage and amperage g. Waste containers shall be washed weekly output at a minimum, and shall perform all at a minimum, or as needed when they other necessary checks as well. become soiled. Other emergency equipment and systems h. Cubicle curtains shall be laundered shall be tested quarterly, and all necessary monthly or during terminal cleaning follow-up repairs or replacement shall be following treatment of an infectious performed as soon as feasible. patient. 7. Garbage and Refuse 4. Pests and Vermin a. Garbage and refuse includes all trash, The facility administrator shall contract with rubbish and other putrescible and non­ licensed pest-control professionals to perform putrescible solid waste, except the solid monthly inspections to identify and eradicate and liquid waste discharged into the rodents, insects and other vermin. The sanitary sewer system of the facility. contract shall include a preventive spraying program for indigenous insects and a b. Garbage and refuse shall be collected and provision for callback services as necessary. removed from common areas at least daily Doors to the outside should be tight fitting to maintain sanitary conditions and to and door sweeps should be installed to avoid creating health hazards. prevent the entry of vermin from outside. c. Facilities shall comply with all federal, 5. Certification of Facility Water Supply state and local environmental regulations and requirements governing methods for At least annually, a state laboratory shall handling and disposing of refuse. test samples of drinking and wastewater to ensure compliance with applicable B. Hazardous Materials standards. A copy of the testing and safety Every facility shall establish a system for certification shall be maintained on site. storing, issuing, using and maintaining 6. Emergency Electrical Power Generator inventories of and accountability for

1.2 | Environmental Health and Safety 25 PBNDS 2011 (As Modified by February 2013 Errata)

hazardous materials. The facility program b. Eyewash stations that meet OSHA shall be supervised by an individual trained standards shall be installed in designated in accordance with OSHA standards. The areas throughout the facility, and all effectiveness of any such system depends not employees and detainees in those areas only on written policies, procedures and shall be instructed in their use. precautions, but also on adequate 3. Inventories supervision and responsible behavior of staff Every area shall maintain a current and detainees, including following inventory of the hazardous substances (e.g., instructions precisely, taking prescribed flammable, toxic or caustic) used and stored precautions and using safety equipment there. Inventory records shall be maintained properly. separately for each substance. Entries for A list of common flammable, toxic and each shall be logged on a separate card (or caustic substances is included at the end of equivalent), and filed alphabetically by this detention standard as “Appendix 1.2.A: substance. The entries shall contain relevant Common Flammable, Toxic and Caustic data, including purchase dates and Substances.” quantities, use dates and quantities and 1. Personal Responsibility quantities on hand. Every individual who uses a hazardous 4. Material Safety Data Sheet Files substance must: a. Every department or other area of the a. be trained in accordance with OSHA facility using hazardous substances shall standards; maintain a file of Material Safety Data Sheets (MSDS) that includes a list of the b. be knowledgeable about and follow all locations where hazardous substances are prescribed precautions; stored, along with a diagram and legend of c. wear personal protective equipment when these locations. Designated staff from each indicated; and department or area shall provide a copy of d. promptly report hazards or spills to the each file to the maintenance supervisor. designated authority. b. MSDS are produced by manufacturers and 2. Protective Equipment provide vital information on individual hazardous substances, including a. Protective eye, face, and other appropriate instructions on safe handling, storage and equipment (such as footwear, gloves, disposal; prohibited interactions; etc. gowns, and/or aprons) is required where there is a reasonable probability of injury c. Staff and detainees shall have ready and preventable by such equipment. Areas of continuous access to the MSDS for the the facility where such injuries can occur substances with which they are working. shall be conspicuously marked with eye- Staff and detainees who do not read hazard warning signs. English shall not be authorized to work 1.2 | Environmental Health and Safety 26 PBNDS 2011 (As Modified by February 2013 Errata)

with these materials. Hazardous substances shall be issued in single-day increments (the amount needed d. Because changes in MSDS occur often and for one day’s work.) without notice, staff must: c. Supervision 1) review the latest issuance from the Qualified staff shall closely monitor manufacturers of the relevant detainees working with hazardous substances; substances. 2) update the MSDS files as necessary; d. Accountability and Inventory records for a hazardous 3) forward any changes to the substance must be kept current before, maintenance supervisor, so that the during and after each use. copy is kept current. 7. Flammable and Combustible Liquids 5. Master Index a. As required by the Federal Hazardous The maintenance supervisor or facility Substances Labeling Act, any liquid or administrator designee shall compile: aerosol labeled “flammable” or a. a master index of all hazardous “combustible” must be stored and used as substances in the facility and their prescribed on the label. locations; b. Lighting fixtures and electrical equipment b. a master file of MSDS; and installed in flammable liquid storage rooms must meet National Electrical Code c. a comprehensive, up-to-date list of requirements in hazardous locations. emergency phone numbers (e.g., fire department, poison control center, etc.). c. Every hazardous material storage room shall: The maintenance supervisor shall maintain this information in the safety office (or 1) be of fire-resistant construction and equivalent) and ensure that a copy is sent to properly secured; the local fire department. 2) have self-closing fire doors at each 6. General Guidelines Regarding Hazardous opening; Substances 3) be constructed with either a four-inch a. Issuance sill or a four-inch depressed floor; and Flammable, caustic and toxic substances 4) have a ventilation system (mechanical (hazardous substances) shall be issued or gravity flow), which provides at least (i.e., drawn from supply points to canisters six air changes per hour, within 12 or dispensed) only under the supervision inches of the floor. of the designated officer. d. Every storage cabinet shall: b. Amounts

1.2 | Environmental Health and Safety 27 PBNDS 2011 (As Modified by February 2013 Errata)

1) be constructed according to the 3) by a device drawing through the top; or applicable code and securely locked at 4) by gravity, through an approved self- all times; closing system.

2) be clear of open passageways, stairways An approved grounding and bonding and other emergency exit areas; system must be used when liquids are 3) be conspicuously labeled: “Flammable— dispensed from drums. Keep Fire Away”; and k. Without exception, cleaning liquids must 4) contain not more than 60 gallons of have a flash point at or above 100º F (e.g., Class I or Class II liquids, or more than Stoddard solvents, kerosene). Cleaning 120 gallons of Class III liquids. operations must be in an approved parts- cleaner or dip tank, fitted with a fusible e. Storage rooms and cabinets may be link lid with a 160 degree F melting- entered only under secure conditions and temperature link. under the supervision of authorized staff. l. Staff shall follow MSDS directions: f. Any portable container that is not the original shipping container must be 1) when disposing of excess flammable or designated as an approved safety canister, combustible liquids; or and must be listed or labeled by a 2) after a chemical spill. nationally recognized testing laboratory. 8. Toxic and Caustic Substances Each container shall bear a legible label that identifies its contents. a. All toxic and caustic materials must be stored in secure areas, in their original g. Excess liquids shall remain in original containers, with the manufacturer’s label containers, tightly closed, in the storage intact on each container. room or cabinet. b. Only authorized staff shall draw/dispense h. The MSDS shall govern use of particular these substances, in accordance with the flammable or combustible liquids. applicable MSDS. i. Only authorized staff may dispense c. Staff shall either return unused amounts flammable and combustible liquids, using to the original container(s) or, under acceptable methods for drawing from or certain circumstances, to another suitable, transferring these liquids. clearly labeled container within the j. Drawing from or transferring any of these storage area. liquids into containers indoors is d. MSDS directions shall determine the prohibited except: disposal and spill procedures for toxic and 1) through a closed piping system; caustic materials used in the facility. 2) from a safety can; 9. Poisonous Substances

1.2 | Environmental Health and Safety 28 PBNDS 2011 (As Modified by February 2013 Errata)

Poisonous substances or chemicals (e.g., authorized staff. When use of a nontoxic methyl alcohol, sulfuric acid, muriatic acid, product is not possible, staff must closely caustic soda or tannic acid, etc.) pose a very supervise all stages of handling. high (Class I) caustic hazard due to their e. The use of dyes and cements for leather toxicity. requires close supervision. Nonflammable Methyl alcohol, variously referred to as wood types shall be used whenever possible. alcohol and methanol, is commonly found in f. Ethyl alcohol, isopropyl alcohol and other industrial applications (e.g., shellac thinner, antiseptic products shall be stored and paint solvent, duplicating fluid, solvents for used only in the medical department and leather cements and dyes, flushing fluid for only under close supervision. To the extent hydraulic brake systems). practical, such chemicals shall be diluted a. If ingested, methyl alcohol can cause and issued in small quantities to prevent permanent blindness or death. any injuries or lethal accumulation. b. Staff must directly supervise the use of g. Pesticides not currently approved by the any product containing methyl alcohol. Environmental Protection Agency, such as Products that contain methyl alcohol in DDT and 1080 (sodium fluoroacetate) are highly diluted amounts (e.g., shoe dye) prohibited. The maintenance supervisor is may be issued to detainees, but only in the responsible for purchasing, storing (in a smallest workable quantities. locked area) and dispensing all pesticides used in the facility. c. Immediate medical attention is vital any time methyl alcohol poisoning is h. The maintenance supervisor or other staff suspected. members responsible for herbicides must 10. Other Toxic Substances hold a current state license as a certified private applicator. Persons applying a. Permanent antifreeze containing ethylene herbicides must wear proper clothing and glycol shall be stored in a locked area and protective gear. dispensed only by authorized staff. i. Lyes may be used only in dye solutions b. Typewriter cleaner containing carbon and only under the direct supervision of tetrachloride or trichlorochane shall be staff. dispensed in small quantities and used 11. Labeling of Chemicals, Solvents and Other under direct staff supervision. Hazardous Materials c. Cleaning fluids containing carbon The facility administrator shall individually tetrachloride or tetrachloride or assign the following responsibilities trichlorochane shall be strictly controlled. associated with the labeling procedure: d. Glues of every type may contain a. identifying the nature of potentially hazardous chemicals. Toxic glues must be hazardous materials adopted for use; stored in a locked location, for use only by 1.2 | Environmental Health and Safety 29 PBNDS 2011 (As Modified by February 2013 Errata)

b. overseeing use of properly labeled Although asbestos appears on the OSHA containers for hazardous materials, list, it is exempt from the regulation when: including any and all miscellaneous 1) no asbestos fibers shall be released into containers into which employees might the air during handling and use; and transfer materials; 2) the asbestos consists of firmly bound c. instructing staff in the meaning of the fibers contained in a product such as a classification code and the MSDS, transit pipe, wallboard, or tile (except including the safe handling procedures for when being sawed or otherwise handled each material; in a way that releases fibers into the d. working with staff ensure that containers air). are properly labeled; and d. Class IV: Suspected Carcinogenic, e. correctly labeling all smaller containers to Teratogenic and Mutagenic Materials correspond to the manufacturer-affixed Chemical agents, substances, mixtures labels on larger shipping containers. and exposures are listed in the biennial 12. Controlled Hazardous Materials Report on Carcinogens issued by the U.S. Public Health Service, in accordance Certain substances require special treatment with the Public Health Service Act. The and careful planning and precautions before maintenance supervisor shall ensure that use. These controlled materials are classified the facility has copies of the report and according to the type of hazard and the that there is compliance with the nature of the restrictions imposed for their provisions of the latest edition. safe use, as specified in OSHA regulations. C. Fire Prevention and Control a. Class I: Industrial Solvents Industrial solvents and chemicals used as 1. Fire Safety Codes paint thinners, degreasers and cleaning Every facility shall comply with standards agents may have toxic properties and low and regulations issued by: flash points, making them dangerous fire a. OSHA; hazards. b. the American Correctional Association b. Class II: Restricted Materials “mandatory” Expected Practices Beryllium and its alloys and compounds, [Mandatory ACA Expected Practice 4­ and silver solder containing cadmium, ALDF-1C-07 requires that the facility pose a danger to workers, for whom conform to applicable federal, state and/or special precautions must be taken. local fire safety codes, and that of the c. Class III: Recognized Carcinogens authority having jurisdiction document OSHA-listed carcinogens are governed by compliance. A fire alarm and automatic the OSHA regulations provided in 29 CFR detection system are required (or else 1910.1000. there must be a plan for addressing these

1.2 | Environmental Health and Safety 30 PBNDS 2011 (As Modified by February 2013 Errata)

or other deficiencies within a reasonable a. A qualified departmental staff member time period), as approved by the authority shall conduct weekly fire and safety having jurisdiction. If the authority inspections. approves any variance, exceptions or b. Facility maintenance (safety) staff shall equivalencies, they must not constitute a conduct monthly inspections. serious life-safety threat to the occupants of the facility.]; c. Written reports of the inspections shall be forwarded to the facility administrator for c. local and national fire safety codes; and review and, if necessary, corrective action d. applicable standards of the American determinations. The maintenance Society for Testing and Materials, supervisor shall maintain inspection American National Standards Institute reports and records of corrective action in and Underwriters’ Laboratories or Factory the safety office. Fire safety deficiencies Mutual Engineering Corporation. shall be promptly addressed. New construction, alterations and 3. Fire Prevention, Control and Evacuation Plan renovations, shall comply with: Every facility shall develop a written fire a. the latest revision or update of the prevention, control and evacuation plan that International Council Codes; includes the following: b. the Uniform Building Code; or a. control of ignition sources; c. the Standard Building Code, in accordance b. control of combustible and flammable fuel with 40 U.S.C § 619 and local law. load sources; If the local government does not mandate c. provisions for occupant protection from adherence to a particular code, construction fire and smoke; must conform to the International Council d. inspection, testing and maintenance of fire Codes. protection equipment, in accordance with In addition, construction shall comply with NFPA codes, etc.; the latest edition of the National Fire e. monthly fire inspections; Protection Association (NFPA)’s 101, Life f. installation of fire protection equipment Safety Code and National Fire Codes throughout the facility, in accordance with (NFCs). If the fire protection and life safety NFPA codes; requirements of a local building code differ from NFPA 101 or the NFCs, the g. accessible, current floor plans (including requirements of NFPA 101 and the NFCs all buildings and rooms); prominently shall take precedence and be recognized as posted evacuation maps/plans; and exit equivalent to those of the local building code. signs and directional arrows for traffic 2. Inspections flow, with a copy of each revision filed with the local fire department; and

1.2 | Environmental Health and Safety 31 PBNDS 2011 (As Modified by February 2013 Errata)

h. exit diagrams that shall be conspicuously following information must be provided on posted throughout the facility. signs: 4. Fire Drills a. instructions in English, Spanish and the Fire drills shall be conducted and next most prevalent language at the documented at least quarterly in all facility facility; locations including administrative areas. b. “You are here” markers on exit maps; and a. Fire drills in housing units, medical clinics c. emergency equipment locations. and other areas occupied or staffed during “Areas of Safe Refuge” shall be identified and non-working hours shall be timed so that explained on diagrams. Diagram posting employees on each shift participate in an shall be in accordance with applicable fire annual drill. safety regulations of the jurisdiction.

b. Detainees shall be evacuated during fire D. Medical Operation drills, except: 1. Needles and Other Sharp Objects 1) in areas where security would be jeopardized; A mandatory, uniform procedure shall be established for the safe handling and 2) in medical areas where patient health disposal of used needles and other could be jeopardized; or potentially sharp objects (sharps) to prevent 3) in individual cases when evacuation of both mechanical injury and the percutaneous patients or detainees is logistically not transmission of infectious disease organisms, feasible. such as the hepatitis B virus (HBV) and Staff shall simulate drills in areas human immunodeficiency virus (HIV). where detainees are not evacuated. Sharps are defined as all disposable or discarded items derived from detainee care c. Emergency-key drills shall be included in that could potentially transmit disease via each fire drill, and timed. Emergency keys direct subdermal inoculation. Items included shall be drawn and used by the are: hypodermic needles and syringes, appropriate staff to unlock one set of scalpel blades, glass vials or ampules emergency exit doors not in daily use. containing materials deemed to be infectious, NFPA recommends a limit of four and burrs, glass cartridges and lancets. one-half minutes for drawing keys and unlocking emergency doors. However, Accidental injuries from sharp objects are when conducting fire drills, emphasis common in health care programs; most are shall be placed on safe and orderly from needle sticks caused by staff attempting evacuation rather than speed. to recap hypodermic needles. A uniform procedure for used needles and other 5. Exit Diagram disposable sharps is necessary to reduce the In addition to a general area diagram, the number of such injuries by preventing the

1.2 | Environmental Health and Safety 32 PBNDS 2011 (As Modified by February 2013 Errata)

secondary handling of needles and other disposal of used needles and when dangerous sharp objects used in the delivery handling sharp instruments after of medical care. procedures. Instruments and drugs shall 2. Standard Precautions (includes “Universal be maintained in a secure and sanitary Precautions”) condition. Staff shall frequently wash their hands and g. To prevent needle-stick injuries, needles take additional routine precautions to shall not be recapped, purposely bent or prevent contact with blood or other body broken, removed from disposable syringes, fluids. or otherwise manipulated by hand. After use, disposable syringes and needles, a. Gloves shall be worn: prior to touching scalpel blades and other sharp items shall blood and body fluids, mucous membranes, be placed in puncture-resistant containers or non intact skin of all patients; prior to for disposal. handling items or surfaces soiled with blood or body fluids; and prior to h. Large-bore reusable needles shall be performing venipuncture and other placed in a puncture-resistant container vascular access procedures. for transport to the reprocessing area. b. Gloves shall be changed after contact with i. To minimize the need for emergency each detainee. mouth-to-mouth resuscitation, mouthpieces, resuscitation bags or other c. Masks and protective eyewear or face ventilation devices shall be available for shields shall be worn during procedures use in areas in which the need for that are likely to generate droplets of resuscitation is foreseeable. blood or other body fluids. j. Health-care workers who have exudative d. Gowns and/or aprons shall be worn during lesions or weeping dermatitis shall refrain procedures that are likely to generate from all direct patient care and from splashes of blood or other body fluids. handling patient care equipment until the e. Hands and other skin surfaces shall be condition resolves. washed immediately and thoroughly if k. Pregnant health-care workers shall contaminated with blood or other body strictly adhere to precautions to minimize fluids. Hands shall be washed the risk to the fetus of perinatal immediately after gloves are removed. transmission of HIV. f. All health-care workers shall take l. Isolation precautions shall be used as precautions to prevent injuries caused by necessary if associated conditions, such as needles, scalpels and other sharp infectious diarrhea or tuberculosis, are instruments or devices during procedures, diagnosed or suspected. Implementation of especially at the following times: when standard blood and body fluid precautions cleaning used instruments, during for all detainees eliminates the need for 1.2 | Environmental Health and Safety 33 PBNDS 2011 (As Modified by February 2013 Errata)

the use of isolation category of “blood and the needle covers, staff shall place used body fluid precautions” previously (disposable) syringes in a plastic disposal box recommended by the Centers for Disease or container. Control for individuals known or a. Disposal Containers suspected to be infected with blood-borne pathogens. 1) Use only commercially available, biohazardous-waste sharps containers Staff shall encourage detainees to wash their approved by the National Institute of hands frequently and to take additional Safety and Health (e.g., a “Winfield routine precautions to prevent contact with Sharps Container”). blood or other body fluids. 2) Do not use milk cartons or plastic milk 3. Accidental Needle Sticks jugs or other plastic containers of Any employee or detainee who receives a similar thickness. needle stick or who is cut while handling 3) Use containers with a two-gallon potentially contaminated sharps shall be capacity (approximate). counseled regarding baseline testing for HBV and HIV, and referred to his/her usual 4) Under no circumstances shall an item source of health care. If the injury also be removed from the Winfield Sharps involves a person who is a known source of Container (Sharps Container). possible infection, that person shall also be b. Location tested for HBV and HIV. The incident shall Sharps Containers shall be located on top be reported as an occupational injury and of counters or, if on the wall, at least five documented in accordance with applicable feet above ground. Sharps Containers regulations for commissioned officers and shall never sit on the floor. civil service employees, respectively. c. Disposal The leading health service provider’s When the disposal box is one-half to two- exposure-control plan shall be followed in the thirds full, the lid shall be closed and event of a needle stick. locked, and tape shall be placed over the top 4. Inventory of the lid to indicate that it is ready for disposal. The Sharps Container shall be Items that pose a security risk, such as sharp labeled with the words “infectious waste” or instruments, syringes, needles and scissors, with the universal biohazard symbol, and shall be inventoried and checked weekly by placed in the proper area for removal and an individual designated by the medical disposal. facility’s Health Service Administrator (HSA) or equivalent. Sharps are considered infectious waste, and 5. Handling final disposal of the Sharps Container and contents shall be through a commercial Without removing the needles or replacing contractor that handles disposal of infectious

1.2 | Environmental Health and Safety 34 PBNDS 2011 (As Modified by February 2013 Errata)

waste in accordance with all local and equipment. federal regulations. All surfaces touched by detainees or staff The HSA shall make arrangements for shall be cleaned using fresh solutions of disposal with an approved contractor and is appropriate disinfectant products, applied responsible for validating that the with clean cloths, mops or wipes. Cleaned contractor’s disposal methods are in surfaces need not be monitored accordance with all infectious and hazardous microbiologically since the results of such waste disposal laws and regulations. tests have been shown not to correlate Arrangements shall be made with local with infection risk. Floors, walls, beds, hospitals, when possible, for disposal with tables and other surfaces that usually the hospitals’ own infectious waste. come in contact with intact skin require 6. Environmental Health in Medical Operations low-level disinfection While many of the following considerations, Horizontal surfaces in detainee care areas precautions and specific procedures apply to are cleaned on a regular basis, when situations that typically arise in medical soiling or spills occur. Additionally, short- operations, in many cases they have general stay units are cleaned when a detainee is application to all facility operations. discharged. Cleaning of walls, blinds or curtains is required only when visibly a. General Housekeeping soiled. Environmental cleanliness shall reduce, control and prevent nosocomial infections The Chief Nurse (or equivalent) is due to contaminated environmental responsible for training all staff and surfaces. The HSA or designee is detainees in using proper housekeeping responsible for ensuring the cleanliness of procedures and proper handling of the medical facility. hazardous materials and chemicals. Using an acceptable health agency 1) General Cleaning standard as a model, the HSA shall a) All horizontal surfaces shall be damp establish: dusted daily with an approved 1) the cleaning equipment, cleansers, germicidal solution. disinfectants and detergents to be used; b) Windows, window frames and 2) the methods of cleaning; and windowsills shall be cleaned on a regular schedule, but do not require 3) the frequency of cleaning and daily cleaning. inspections. c) Furniture and fixtures shall be The HSA or designee shall make a daily cleaned daily. visual inspection of the medical facility, noting the condition of floors, walls, d) Floors shall be mopped daily and windows, horizontal surfaces and when soiled using the double bucket 1.2 | Environmental Health and Safety 35 PBNDS 2011 (As Modified by February 2013 Errata)

mopping technique. The cleaning 3) Terminal Cleaning solution shall be a hospital a) Every item in the room must be disinfectant-detergent solution mixed cleaned with an approved hospital according to the manufacturer’s germicidal solution. directions. A clean mop head shall be used each time the floors are b) When applicable, linen shall be mopped. stripped from the bed, with care taken not to shake the linen. Linen

e) Waste containers shall be lined with shall be folded away from the person plastic bags and the liner shall be and folded inward into a bundle, then changed daily. The container itself removed with minimal agitation. shall be washed at least weekly, or as needed when it becomes soiled. c) When applicable, all reusable receptacles (e.g., drainage bottles,

f) Cubicle curtains shall be laundered urinals, bedpans, water pitchers) monthly or during terminal cleaning shall be emptied and rinsed with following treatment of an infectious germicidal solutions. patient. d) All equipment that is not to be

2) Isolation Cleaning discarded (e.g., IV poles, respirators, a) An approved germicidal detergent suction machines) shall be washed solution shall be freshly prepared in with an approved germicidal solution accordance with the manufacturer’s following manufacturer’s guidelines specifications for each cleaning. for cleaning the specific piece of equipment. b) After cleaning the isolation room, mops and cleaning cloths shall be e) When applicable, mattresses and laundered before being reused. pillows covered with durable plastic covers shall be washed thoroughly c) Dirty water and used disinfecting with the approved germicidal solutions shall be discarded and the solution. buckets and basins disinfected before being refilled. Items used in cleaning f) When applicable, beds shall be a contaminated isolation room shall washed thoroughly, using a small never be taken into another area. brush soaked in germicidal solution to gain access to small holes and d) Linens shall be carefully removed crevices, to areas between the from the bed and double-bagged for springs and to the casters. transport. g) All furniture shall be washed with a e) All waste materials shall be double- germicidal detergent solution. Use a bagged and disposed of as small brush if necessary. Outside contaminated waste.

1.2 | Environmental Health and Safety 36 PBNDS 2011 (As Modified by February 2013 Errata)

and underside as well as legs and cleanup kit shall be maintained for use in casters must also be washed. cases of spills of blood and body fluids. Cleanup kits may be obtained from h) Wastebaskets shall be thoroughly commercial sources, or may be compiled washed with a germicidal solution by Health Services Department (HSD) after trash and liner have been staff or the designated health care removed. provider. i) Telephones shall be thoroughly 1) Compiling a Cleanup Kit cleaned with a clean cloth soaked in the germicidal solution. The earpiece To prepare a cleanup kit for blood and and mouthpiece shall be unscrewed, body fluid spills, package the following scrubbed, dried and replaced. materials in a 12” x 15” clear zip-lock bag: j) Walls and ceilings need not be washed entirely, but areas that are a) gloves, rubber or vinyl, household- soiled shall be washed with type (2 pair); germicidal solution. b) clean absorbent rags (4);

4) Choice of Disinfecting Materials c) absorbent paper towels (15); Hospital-grade disinfectant detergent formulations registered by the d) disposable bag marked Environmental Protection Agency “contaminated” size 23”x10”x39”, (EPA) may be used for environmental minimum thickness 1.5 mils.; surface cleaning, but the physical e) Clear plastic bag 13”x10”x39”, removal of microorganisms by minimum thickness 1.5 mils.; and scrubbing is as imperative as any f) Bottle of “hospital disinfectant” antimicrobial effect of the cleaning (containing quaternary ammonium agent used. chlorides in at least 0.8% dilution), or Cost, safety and acceptance by staff a bottle of household bleach such as shall be the criteria for selecting any “Clorox” or “Purex” (5.25% sodium such registered agent. The hypochlorite). manufacturer’s instructions for use 2) Selection of Disinfectants shall be followed exactly. Dilute solutions of sodium hypochlorite b. Blood and Body Fluid Clean-up are reported extremely effective against Spills of blood and body fluids shall be both HIV and the Hepatitis B virus and cleaned up and the surface therefore have been recommended for decontaminated in such a manner as to use in environmental decontamination minimize the possibility of workers procedures. Quaternary ammonium becoming exposed to infectious organisms, compounds are less effective against including HIV and HBV. A suitable 1.2 | Environmental Health and Safety 37 PBNDS 2011 (As Modified by February 2013 Errata)

Hepatitis B. Chlorine in solution equipment. inactivates viruses quickly and 5) Instructions for Use of Clean-Up Kit efficiently, but must reach the virus particles to do so. a) Open the bag and remove the supplies. Proteinaceous materials may interfere with the ability of the appropriate b) Put on one pair of gloves. disinfectant solution to reach the virus c) Depending on the type of disinfectant particles. Since quaternary disinfecting in the kit, take out bottle of “hospital compounds may act as a detergent as disinfectant,” or prepare a dilute well as a disinfectant, these compounds solution of sodium hypochlorite. To may be used for cleaning and removal prepare a 1:10 dilution of 5.25% of proteinaceous materials from sodium hypochlorite, mix 1 part of surfaces. However, when using such a 5.25% sodium hypochlorite (common compound to clean a surface, it shall be household bleach) with 10 parts necessary to follow with the use of water. chlorine solution for final disinfection. d) Open the large clear plastic bag and Most blood or fluids shall be removed the large bag marked from the surface during routine medical “contaminated.” Place them next to cleaning procedures before application each other. of the disinfectant; in such cases, use of e) Use paper towels to absorb as much sodium hypochlorite solution shall be of the spilled fluid as possible; then sufficient. place soiled paper towels in the large 3) Selection of Gloves clear plastic bag. Household or industrial rubber gloves f) Pour the solution carefully onto the are recommended for use rather than spill area. Dispose of the empty surgical rubber gloves, as surgical bottle in the large, clear plastic bag. gloves are somewhat porous and are Leave disinfectant in place for 15 less resistant to mechanical damage minutes. and punctures during clean-up procedures. g) Use the rags to clean the area, and place rags in the large clear plastic 4) Assignment of Cleaning Duties to bag. Detainees in Medical Facilities Detainee workers may be assigned h) Tie off the clear plastic bag and place duties cleaning the medical facility. it inside the large plastic bag marked Detainees are permitted to clean floors “Contaminated.” and walls and to remove trash, but are i) Remove gloves carefully and place not permitted to clean medical them in the plastic bag marked

1.2 | Environmental Health and Safety 38 PBNDS 2011 (As Modified by February 2013 Errata)

“Contaminated.” Such waste includes bandages, dressings, casts, catheters and j) Put on the second pair of gloves and disposable pads. tie the “Contaminated” trash bag closed. Waste from detainees in isolation is not considered to be infectious waste unless k) Properly dispose of the it falls within the specific definition of “Contaminated” trash bag in a infectious waste as stated above. contaminated-waste receptacle. 2) Collection and Storage l) Properly dispose of the second pair of Infectious waste must be separated gloves in the contaminated-waste from the general waste stream and receptacle. clearly labeled as infectious, adhering m) Wash your hands. to the following practices: n) Prepare a new clean-up kit. a) Infectious waste shall be double- NOTE: Do not place linen or non- bagged and tied and labeled disposable articles in the “Infectious Waste.” “Contaminated” trash bag. b) The bags used must be impermeable, c. Hazardous and Infectious Waste Disposal commercially supplied red bags Infectious and hazardous waste generated intended specifically for at a medical facility shall be stored and biohazardous waste storage. disposed of safely and in accordance with c) Miscellaneous biomedical waste shall all applicable federal and state be double-bagged and tied but need regulations. not be labeled as infectious. For identified wastes that represent 3) Treatment and Disposal sufficient risk of causing infection or Blood products and designated body injury during handling and disposal, the fluids shall be poured slowly and following precautions shall be applied. carefully down a toilet to prevent 1) Definitions splash. Compacting of untreated Hazardous or infectious waste is infectious waste is prohibited. The defined as: microbiology laboratory waste disposal contractor must meet all waste; human blood and blood products; state and local requirements for sharps (as defined in “Section VIII,” “A” transportation and disposal. above); laboratory and other chemicals; E. Barber Operations or certain drugs such as antineoplastic. Sanitation in barber operations is imperative Miscellaneous biomedical waste is because of the possible transfer of diseases defined as waste materials that are not through direct contact or by towels, combs specifically defined as infectious waste. and clippers. Towels shall not be reused by

1.2 | Environmental Health and Safety 39 PBNDS 2011 (As Modified by February 2013 Errata)

other detainees until sanitized. Instruments used for maintaining tools that have such as combs and clippers shall not be used already been properly sterilized. successively on detainees without proper 4. Detailed hair care sanitation regulations cleaning and disinfecting. shall be conspicuously posted in each 1. For sanitation reasons, it is preferable barbershop for the use of all hair care that barbering operations be located in a personnel and detainees. Cotton pads, room that is not used for any other absorbent cotton and other single or purpose. The room must have sufficient dispensable toilet articles may not be light, and be supplied with hot and cold reused, and shall be placed in a proper running water. The floors, walls and waste receptacle immediately after use. ceilings shall be smooth, nonabsorbent The common use of brushes, neck dusters, and easily cleaned. shaving mugs and shaving brushes is prohibited. 2. Each barbershop shall have all equipment and facilities necessary for maintaining 5. Barbers or beauticians shall not provide sanitary procedures for hair care, service to any detainee when the skin of including covered metal containers for the detainee’s face, neck or scalp is waste, disinfectants, dispensable headrest inflamed, or when there is scaling, pus or covers, laundered towels and haircloths. other skin eruptions, unless service of such detainee is performed in accordance 3. After each detainee visit, all hair care with the specific authorization of the chief tools that came in contact with the medical officer. No person who is infested detainee shall be cleaned and effectively with head lice shall be served. disinfected. Ultraviolet lights are not appropriate for sterilization but may be

1.2 | Environmental Health and Safety 40 PBNDS 2011 (As Modified by February 2013 Errata)

Appendix 1.2.A: Common Class III Liquids Flammable, Toxic and Caustic Paint (oil base) Substances Linseed oil Class I Liquids Mineral oil Neat’s-foot oil Gasoline Sunray conditioner Benzene (Petroleum ether) Guardian fluid Acetine Toxic Substances Hexane Ammonia Lacquer Chlorine Lacquer thinner Antifreeze Denatured alcohol Duplicating fluid Ethyl alcohol Methyl alcohol Xylene (Xylol) Defoliants Contact cement (flammable) Herbicides Toudi (Toluene) Pesticides Methyl ethyl ether Caustic Substances Methyl ethyl ketone Naphtha Y, M and P Lye Class II Liquids Muriatic acid Caustic soda Diesel fuel Sulfuric acid Motor fuel Tannic acid Kerosene Cleaning solvents Mineral spirits Agitene

1.2 | Environmental Health and Safety 41 PBNDS 2011 (As Modified by February 2013 Errata)

standard are as follows (specific 1.3 Transportation (by requirements are defined in “V. Expected Land) Practices”). I. Purpose and Scope 1. The general public, detainees and staff shall be protected from harm when This detention standard prevents harm to detainees are transported. the general public, detainees and staff by 2. Vehicles used for transporting detainees ensuring that vehicles used for transporting shall be properly equipped, maintained detainees are properly equipped, maintained and operated. This includes equipment and operated and that detainees are appropriate and necessary to transport transported in a secure, safe and humane detainees with disabilities and special manner, under the supervision of trained needs. and experienced staff. 3. Detainees shall be transported in a safe This detention standard applies to the and humane manner, under the following types of facilities housing ERO supervision of trained and experienced detainees: staff. x Service Processing Centers (SPCs); 4. Except in emergency situations, a single x Contract Detention Facilities (CDFs); officer may not transport a single and detainee of the opposite gender. Further, if there is an expectation that a x State or local government facilities pat down will occur during transport an used by ERO through officer of the same gender as the Intergovernmental Service detainee(s) must be present. Agreements (IGSAs) to hold detainees for more than 72 hours. 5. Reasonable accommodations shall be made for detainees with physical Procedures in italics are specifically required disabilities and/or special needs in for SPCs, CDFs, and Dedicated IGSA accordance with security and safety facilities. Non-dedicated IGSA facilities needs and all applicable laws and must conform to these procedures or adopt, regulations. adapt or establish alternatives, provided they meet or exceed the intent represented 6. All instructions shall be communicated by these procedures. to the detainee in a language or manner the detainee can understand. Various terms used in this standard may be defined in standard “7.5 Definitions.” All written materials provided to detainees shall generally be translated into Spanish. II. Expected Outcomes Where practicable, provisions for written The expected outcomes of this detention translation shall be made for other

1.3 | Transportation (by Land) 42 PBNDS 2011 (As Modified by February 2013 Errata)

significant segments of the population with A. Written Policy and Procedures limited English proficiency. Required

Oral interpretation or assistance shall be The facility administrator shall develop and provided to any detainee who speaks another implement written policy, procedures and language in which written material has not guidelines for the transportation of been translated or who is illiterate. detainees, including, at a minimum: III. Standards Affected 1. general policy and procedures governing safety, security, operations, This detention standard replaces communications and equipment; “Transportation (Land Transportation)” dated 12/2/2008. 2. vehicle inspections and repair; IV. References 3. vehicle occupancy; 4. the seating of detainees in transportation American Correctional Association, vehicles; and Performance-based Standards for Adult Local Detention Facilities, 4th Edition: 4­ 5. procedures and necessary equipment in ALDF-1B-01, 1B-03, 1B-04, 1B-05, 1B-06 the event of: ICE/ERO Performance-based National a. vehicle failure; Detention Standards 2011: b. traffic accident; x “1.1 Emergency Plans”; c. severe weather or natural disaster; x “2.1 Admission and Release”; d. an emergency situation (as specified x “2.5 Funds and Personal Property”; later in “S. Emergency Situations” of this standard); x “2.9 Post Orders”; e. transport of females or minors; and x “2.15 Use of Force and Restraints”; f. transport of detainees whose physical or

x “4.1 Food Service”; mental conditions preclude prolonged x “4.7 Terminal Illness, Advance travel. Directives and Death”; and B. Vehicle Inspection x “7.4 Transfer of Detainees.” All vehicles used for transporting ICE/ERO Memorandum dated 7/14/2006 on “Escape detainees shall comply with annual safety Reporting” from the ICE/ERO Director, inspections requirements in accordance with which specifies requirements for the applicable federal and state law. Vehicles reporting, tracking and investigating of the may not be used for transportation if any escape of an ICE/ERO detainee. safety repairs are needed. Vehicles equipped V. Expected Practices with specialized gear for the transportation

1.3 | Transportation (by Land) 43 PBNDS 2011 (As Modified by February 2013 Errata)

of detainees with physical disabilities must For each vehicle operator and other also undergo appropriate inspections and employees assigned to bus transportation maintenance to ensure the equipment duties, supervisors shall maintain at the remains in good order. official duty station a file containing: C. Transportation Planning and a. certificate of completion from a bus Scheduling training program, as applicable;

The Field Office Director has overall b. copy of the CDL; responsibility for all aspects of vehicle 1) every motor vehicle operator shall operations. complete the following forms (or The facility administrator (or designee) is equivalent) for his/her official personnel responsible for setting schedules and folder (OPF): SF-47, G-392 and G-294. monitoring vehicular maintenance, making Every motor vehicle operator is also logistical arrangements to transport responsible for renewing these detainees, supervising and instructing documents as necessary, and for personnel, and protecting detainee security. providing to the OPF copies of all Before departure, the plans shall be revised renewals and other changes/updates. as necessary, based on weather and road 3. Operating the Vehicle conditions and any other relevant The driver shall operate the vehicle in considerations. accordance with the CDL manual or the D. Transporting Officer Responsibilities highest prevailing standard and must 1. Training Required maintain complete control of the vehicle at all times. To be assigned to a bus transporting detainees, an officer must have successfully Driving under the influence of drugs or completed the ICE/ERO bus driver-training alcohol is prohibited. In addition to any other program, or a comparable approved training random testing as part of a drug-free program, and all local state requirements for workplace program, all officers assigned to a commercial driver’s license (CDL). In transportation are subject to the U.S. addition, the driver must have the Department of Transportation (DOT) drug— appropriate state issued CDL. and alcohol—testing program. Bus-driver trainees may operate the vehicle The transporting officers shall comply with during any segment of a run when detainees all state and federal motor vehicle are not on board, but only under the direct regulations (including DOT, Interstate supervision of a certified bus instructor Commerce Commission and Environmental licensed by the state in which they reside. Protection Agency), including, but not limited to: 2. Forms and Files a. wearing a seat belt when the vehicle is

1.3 | Transportation (by Land) 44 PBNDS 2011 (As Modified by February 2013 Errata)

moving; conditions, and must modify his/her driving accordingly. The following rules apply to all b. holding a valid state issued CDL; members of the vehicle crew, whether c. inspecting the vehicle, using a checklist driving or not, and it is the officer’s and noting any defect that may render the responsibility to inform a transportation vehicle unsafe or inoperable; supervisor if he/she is unable to make a trip d. transporting detainees in a safe and because of these rules: humane manner; a. CDL is required for each officer assigned e. verifying individual identities and to bus operations. checking documentation when b. While operating a vehicle requiring a transferring or receiving detainees; CDL, drivers must comply with all rules f. driving defensively, taking care to protect and regulations pertaining to CDL the vehicle and occupants, obeying traffic operations. laws and immediately reporting damage c. Drivers must be off-duty for the eight (8) or accidents; hours immediately before any trip or trip g. re-inspecting the vehicle after each trip segment. and completing a vehicle inspection d. Maximum driving time (i.e., time on the report, including an odometer reading; road) is governed by USDOT. h. returning the vehicle keys to the control e. In an emergency or under unforeseen and officer or supervisor, according to facility adverse driving conditions only, the procedures; vehicle crew may drive as long as i. recording authorized expenses (e.g., fuel, necessary to reach a safe and secure emergency services, oil) on Form G-205 or stopping area. (applicable current form; in event of an f. When vehicles without detainees travel in update, use the “Government-owned tandem, a single officer may be assigned Vehicle Record”), specifying the exact to each. Unaccompanied officers may also amount and the date, and keeping all drive empty vehicles for certain purposes, receipts and submitting them along with such as maintenance trips. the appropriate form at the end of each 5. Vehicle Security month; and Officers shall secure a vehicle before leaving j. Safeguarding credit cards assigned to the it unattended, including removing keys from vehicle. the ignition immediately upon parking the 4. Driving Hours and Number of Operators vehicle. Each officer must recognize the limitations Officers shall avoid parking in a spot where imposed by his/her own driving skills, the vehicle may attract undue attention or be personal distractions and environmental vulnerable to vandalism or sabotage. If 1.3 | Transportation (by Land) 45 PBNDS 2011 (As Modified by February 2013 Errata)

officers cannot locate a parking area with search, and shall: adequate security, they shall contact the 1. inspect the vehicle for mechanical and local law enforcement agency for advice or electrical problems; permission to use one of its parking places. 2. take any necessary special precautionary E. Officer Uniform and Equipment measures for transporting a detainee All officers transporting ICE/ERO detainees identified as a special-handling case (e.g., shall wear their prescribed uniforms unless for reasons of security, medical, physical, other attire is authorized by the facility psychological problems, and/or administrator. transporting juveniles) while the search is in progress; 1. Every transporting officer shall wear a uniform in accordance with established 3. test the emergency exits and test the key procedures. Certain transportation details for every lock located in or on the vehicle. may require wearing of street or business A complete set of these keys shall travel attire; in these cases, the facility with the vehicle at all times, in a secure administrator shall establish a dress code place known to every transporting officer; for such occasions. The dress code shall 4. search for hidden weapons and other prohibit the wearing of jumpsuits. contraband before every trip, including the 2. Every transporting officer shall be issued driver’s compartment and glove and instructed to wear a protective vest compartment, the detainee seating area while participating in the transportation and the cargo compartment; program. 5. search the staging area prior to loading 3. Equipment recommended for each trip detainees to ensure that the area is clear includes, but is not limited to, the of any weapons or contraband; following: 6. thoroughly search each detainee as he/she a. flashlights; is about to board the vehicle; and b. extra handcuffs; 7. ensure that when vehicles are equipped with seatbelts, detainees are properly c. flex-cuffs and cutter; and secured before the transport begins d. other authorized intermediate force according to established ICE policies and (“non-lethal,” “non-deadly”) weapons. procedures regarding searches. F. Pre-departure Vehicle and Security G. Required Documents Check 1. Transport Documentation Prior to departure, all officers assigned to No detainee may be transported to/from any transport detainees must be present to ensure facility, including Field Office detention a complete and thorough inspection and areas, unless a Form G-391, I-216, I-203, or

1.3 | Transportation (by Land) 46 PBNDS 2011 (As Modified by February 2013 Errata)

equivalent, is furnished, authorizing the The Directive on Detainee Transfers also removal. These forms must be properly requires that, when a detainee is transferred signed and shall clearly indicate the name of within the ICE Health Services Corps the detainee(s), the place or places to be (IHSC) system, a Transfer Summary and the escorted, the purpose of the trip and other detainee’s official health records accompany information necessary to carry out the detail the detainee. The official health records are efficiently. to be placed in a sealed envelope or other In SPCs, CDFs, and IGSAs with a sufficient container labeled with the detainee’s name ICE/ERO onsite presence, the authorized and A-number and marked “Confidential ICE official shall check records and ascertain Medical Records.” if the detainee has a criminal history, is Transportation staff may not transport a dangerous or has an escape record. Any detainee without the documents as required information of an adverse nature shall be by the Directive on Detainee Transfers. Staff clearly indicated on the G-391 and the is responsible for delivering all required escorting officers shall be warned to take the medical documents and the transfer necessary precautions. Before beginning the summary to personnel at the receiving detail, escorting and transportation officers facility. shall read their instructions and clearly To ensure that the receiving facility also understand the reason that the detainee is receives the detainee’s files and other being taken from the facility. The officers required documentation: shall also discuss emergency and alternate plans with the SIEA or authorized designee a. transportation officers may not accept a before beginning the detail. detainee without the required documents; All completed G-391 forms, or equivalents b. the receiving facility may refuse to accept shall be filed in order by month, with the a detainee without the required previous month’s forms readily available for documents; and review, and shall be retained for a minimum c. the receiving facility must report any of three years. exceptions to the Field Office and the 2. Documents That Accompany the Detainee Deputy Assistant Director, Detention Management Division. The Directive on Detainee Transfers explains the files and documents that must be H. Departure Scheduling and Security prepared and organized in preparation for a The vehicle crew shall organize driving time detainee’s transfer. ICE/ERO staff of the so detainees arrive at the designated sending facility is required to complete a meeting area on schedule. Detainee Transfer Checklist to ensure all procedures are completed and place a copy in Before transferring detainees from one the detainee’s A-file or work folder. facility to another, a designated officer shall inform the receiving office of:

1.3 | Transportation (by Land) 47 PBNDS 2011 (As Modified by February 2013 Errata)

1. the estimated time of departure and sufficient documentation for the arrival (ETD/ETA); transfer to proceed. 2. the number of detainees in each of the 2. Staff shall include, in the “checked following categories: baggage” section on each I-216, the I-77 a. new arrivals (remaining at the facility); numbers, to be verified by receiving facility staff; b. drop-offs; and 3. The lead driver shall check the manifest c. overnighters; against the number of packages by 3. the total number of detainees; detainee name and A- number before signing the I-216 or placing the baggage 4. any special-handling cases, with details on the bus. about the special requirements (e.g., medications, restraints, special 4. In addition to the requirements of equipment); and standard “2.5 Funds and Personal Property”: 5. any actual or estimated delays in departure, and the accordingly revised a. Staff shall complete a separate I-77 for ETA(s). each piece of baggage, and shall record I. Transfer of Funds, Valuables and the detainee’s name on the top, middle, and bottom portions; and Personal Property b. Staff shall enact the following In accordance with standards “2.1 Admission procedure for each piece of baggage and and Release” and “2.5 Funds and Personal corresponding I-77 form, and: Property,” facility staff shall inspect and inventory the personal property of detainees 1) attach the string on the top of the I­ transferring from one facility to another. 77 to the corresponding piece of baggage, and secure the detainee’s In addition, at the originating facility: signature on the back of the I-77;

1. Staff shall ask each detainee whether 2) attach the middle section to the copy he/she has in his/her possession all funds, of the I-385 that shall accompany the valuables and other personal property detainee to the final destination; and listed on the property inventory form: 3) provide the bottom portion to the

a. If a detainee answers “yes,” he/she may detainee as a receipt. board the vehicle; or J. Loading a Vehicle b. If a detainee claims missing funds, valuables, or personal property, the 1. Security and Occupancy detainee shall remain at the facility Armed officers shall be posted whenever until required paperwork is completed. detainees enter or exit a vehicle outside a Photocopies of completed forms are secure area.

1.3 | Transportation (by Land) 48 PBNDS 2011 (As Modified by February 2013 Errata)

The facility administrator shall ensure that a. summon the detainee, by surname, to the all vehicles are assigned an occupancy rating vehicle; in compliance with the U.S. Department of b. ask detainee to state his/her complete Transportation (DOT). The number of name; detainees transported may not exceed the established occupancy level. c. compare name and face with the Booking Card (I-385) or equivalent and attached The escorting officer/assistant driver shall photo and the Record of Persons and instruct the detainees about rules of conduct Property Transferred (I-216) or during the trip. equivalent. If necessary, refer to the I-385 The lead driver shall be responsible for or equivalent for additional biographical managing the detainees’ move from the information; staging area into the vehicle. The number of d. seat each detainee in accordance with available officers shall determine whether written procedures from the facility detainees move at one time or in groups. administrator, with particular attention to 2. Items Detainees May Keep in Their Possession detainees with physical or mental health Ordinarily, detainees in transport may keep conditions, or who may need to be afforded the following in their possession: jewelry closer observation for their own safety; (wedding rings and approved religious e. to transport disabled detainees safely and items), eyeglasses, and receipts for property securely, transportation officers shall and money (G-589, I-77). However, if the make reasonable accommodations for transporting officers determine that any of them, in so far as is practicable; these items may compromise officer or f. seat detainees in restraints (whose detainee safety, the items shall be removed documents or behavior in transit indicate from the detainee’s possession and returned a security risk) in the first seats behind to the detainee or placed in an appropriate the security screen and record in a log storage area. maintained by the officers the detainee’s In some instances, the vehicle crew shall name, reason for using restraints, type of safeguard and dispense prescription restraints, and times restraints were medicines as prescribed, noting the applied and removed; detainee’s name, A-number, date and time(s) g. conduct a visual count once all passengers dispensed, and by whom. Such notes shall be are seated on board, and every time before attached to the detainee’s medical record or resuming the trip after the vehicle makes A-file. a scheduled or unscheduled stop; and 3. Count, Identification, and Seating h. assist detainees with disabilities and To confirm the identities of the detainees special needs to their designated seat and they are transporting, the vehicle crew shall: ensure females and minors are seated

1.3 | Transportation (by Land) 49 PBNDS 2011 (As Modified by February 2013 Errata)

according to the directives in section T of vehicle at all times, in a secure place known this standard. to every transporting officer, and the crew K. Responsibilities En Route shall keep bolt cutters in the forward compartment with the outer equipment for 1. Point of Contact use in an emergency. The next receiving office on the vehicle route An armed officer may not enter the secure serves as the contact point and is responsible area of the vehicle. If he/she must enter that for monitoring the vehicle’s schedule. area, the officer shall first leave the Upon making contact with an arriving weapon(s) with another officer for vehicle, the receiving officers shall certify, by safekeeping or, if the vehicle is equipped signing the accompanying Form I-216, that with weapons lockers, in a locker. they are taking custody of the specified 3. Stops detainees. During stops, which the vehicle crew shall Each office shall develop and post written keep to a minimum, detainees shall not leave guidelines for tracing procedures to locate an the vehicle until the transporting officers overdue vehicle. If the vehicle does not arrive have secured the area. When the detainees within range of the ETA, the contact point disembark, the officers shall keep them shall set the tracing procedures in motion. under constant observation to prevent 2. Safety and Security external contact(s) and/or contraband smuggling or exchange. At least one officer For safety purposes, all personnel shall shall remain in the vehicle when one or more remain seated while the vehicle is in motion. detainees are present. The vehicle crew shall keep the cage doors L. Meals locked whenever detainees are on board, and the assistant driver is responsible for The vehicle crew shall provide meals and detainee oversight during transport. Officers snacks during any transfer that exceeds six must maintain a clear view of the entire hours. Officers shall consider when the vehicle compartment and remain alert for detainees last ate before serving meals and behavior that could jeopardize safety and snacks. Special considerations shall be given security. to minors, pregnant female detainees, and Detainees shall not have access to any detainees who have medical conditions. personal baggage or packages while in Meal times, the number of meals, and the transit (except as specified above in “Section number and types of meals provided shall be J.2, Items Detainees May Keep in Their recorded. Officers also shall record the Possession”). identifying information of any detainee who A complete set of keys for every lock located refuses a meal and that information shall be in or on the vehicle shall travel with the appropriately documented.

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The requirements specified in standard “4.1 zones, on different frequencies). Food Service” apply equally to food served in N. Vehicle Sanitation transit and in detention facilities. Vehicles must be kept clean and sanitary at In the interest of safety, detainees shall have all times. The facility administrator shall no access to eating utensils (disposable or establish the procedures and schedule for otherwise) while in transit. sanitizing facility vehicles. Vehicle crew Transporting officers shall observe safe- responsibilities include, but are not limited handling procedures at all times. to: In transit, the crew shall store and serve food 1. dumping septic tank contents at the at the required temperatures. The crew shall locations specified; and maintain a constant supply of drinking 2. maintaining an adequate supply of water water and ice in the water container(s), along and chemicals in the toilet at all times, with paper cups. A small number of including monitoring the inventory of disposable garbage receptacles (i.e., plastic chemical supplies stored in the forward bags) shall be kept in the driver’s baggage compartment. compartment, with the remainder stored in the equipment box located in the forward O. Officer Conduct baggage compartment. Recognizing the effect of personal The food service administrator shall monitor appearance, speech, conduct and demeanor the condition and routine cleansing and in communicating the appropriate sense of sterilizing of drinking-water containers, authority, assigned transportation staff shall basins, latrines, etc., in vehicles to ensure dress, speak and act with the utmost compliance with standard “4.1 Food Service.” professionalism. Assigned transportation staff shall conduct themselves in a manner In an emergency, the transporting officers that reflects positively on ICE/ERO. may purchase meals from a commercial source, obtaining receipts for later The vehicle crew falls under the reimbursement. responsibility of the Field Office Director M. Vehicle Communication with jurisdiction at each facility en route, whether during an intermediate stop or at Every vehicle shall be equipped with a final destination. This responsibility remains functioning two-way radio. Every crew shall in effect until the vehicle’s departure, and also carry at least one portable radio, so that applies only to the current trip. If problems officers can maintain contact if one or more arise, the lead driver must contact the Field must leave the vehicle. The vehicle’s Office Director, or designee. communications system shall also include a Transportation staff shall comply with all cellular phone for use when radio rules and procedures governing use of communications are degraded (e.g., in dead government vehicles. They shall not transport 1.3 | Transportation (by Land) 51 PBNDS 2011 (As Modified by February 2013 Errata)

any personal items other than those needed to extra fire extinguisher(s), road flares, carry out their assigned duties during the trip. and reflectors (transporting officers The possession or use of alcoholic beverages record amount and date used and by and illegal drugs is strictly prohibited. whom on inventory sheets kept in box Using common sense, transportation staff #2, likewise maintaining MSDS sheets shall handle any crises that may arise. While as necessary); and treating all persons with courtesy and c. other equipment to be added as respect, they shall not compromise security necessary (transporting officers shall or the accomplishment of their mission. provide supervisors with written P. Firearms Storage notification of inventory needs, including items that need replenishing Every facility administrator shall ensure or replacing). that the on-site supply of gun lockers can 4. first-aid equipment bag (disaster kit), accommodate the non-resident vehicle crews auxiliary to the first-aid kit in the driver’s during stops at the facility. compartment (officers shall document Q. Vehicle Equipment each emergency requiring first-aid In SPCs and CDFs, the Field Office will treatment, including whether and how provide the following equipment as quickly the injured individual(s) received appropriate for each vehicle: proper medical care); 1. mobile radio(s) able to communicate on 5. emergency blankets equal to the rated frequencies used by Border Patrol and/or capacity of the vehicle; other law enforcement agencies; 6. boarding bag containing extra forms, a 2. cellular phone (backup communication camera that produces instant system); photographs, film, batteries, and emergency phone numbers for ICE/ERO

3. in the forward baggage compartment, of offices, local police, state police, etc.; buses, two equipment boxes containing: 7. spare tire and snow chains (if applicable); a. (in box #1:) large bolt cutters, fuses, fan belts, jack, small hand tools, flashlight, 8. restraining equipment, including, at a lantern, rags, disposable trash bags, minimum: broom, ground cloth, two sets of a. on buses: 50 sets of waist chains; 50 coveralls, and work gloves (fleet sets of leg irons; and 2 sets of leg irons officer/shop supervisor maintains modified for use as hand cuffs (extra­ inventory and checks written inventory large); or quarterly); b. on other vehicles: equipment equal to b. (in box #2:) transmission fluid, water the rated capacity of the vehicle. for radiator, oil, toilet disinfectant,

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9. All restraining equipment must be of high activity, or an articulable likelihood of escape quality and must be maintained in good exists. If an exception arises, the officers operating condition and kept in the shall document the incident, recording the forward baggage compartment with the facts and the reasoning behind the decision. other supplies; and S. Emergency Situations 10. appropriate storage for firearms. If an emergency occurs within a reasonable The vehicle crew shall determine which distance of an ICE/ERO office, assigned safety and security equipment to use in an transportation staff shall make every effort emergency. The crew shall maintain to reach that office before taking restraints and other equipment in good extraordinary measures. However, if moving working order. seems ill-advised or impossible, assigned R. Use of Restraints transportation staff shall contact the office, stating their location and the nature of the In accordance with this standard and “2.15 problem, to ensure provisions for secure and Use of Force and Restraints,” officers shall immediate assistance. use authorized techniques and common If the situation is life-threatening, the sense when applying restraints. To ensure vehicle crew shall not wait for help from an safe and humane treatment, the officers ICE/ERO office but shall take immediate shall check the fit of restraining devices action. immediately after application, at every relay point, and any time the detainee complains. The facility administrator shall establish Properly fitting restraints do not restrict written procedures for transportation staff to breathing or blood circulation. follow during an en-route emergency. The written procedures shall cover the following The officers shall double-lock the restraining scenarios. device(s) and secure the handcuffs to the waist chain. Under no circumstances shall 1. Attack officers attach a restraining device to an If attacked, the vehicle crew must request immovable object, including, but not limited assistance from the nearest law enforcement to, security bars, seats, steering wheel, or agency, continuing to drive until the vehicle any other part of a vehicle. Officers carrying becomes incapacitated. The transportation firearms shall exercise caution if close staff shall do everything possible to protect contact with a detainee becomes necessary in the safety of everyone in the vehicle. an emergency. 2. Escape Barring exigent circumstances, transporting If a detainee escapes, the assigned officers shall not handcuff women or minors transportation staff shall not jeopardize the unless they have shown or threatened security of the remaining detainees by violent behavior, have a history of criminal chasing the escapee. Instead, transportation

1.3 | Transportation (by Land) 53 PBNDS 2011 (As Modified by February 2013 Errata)

staff shall notify the nearest ICE/ERO office, and where to proceed. providing the escapee’s name, A-number, The vehicle crew’s incident report shall note height, weight, type of clothing, and direction participants, witnesses and action taken. of flight (if known). The office shall relay this 4. Illness information directly to local law enforcement agencies. If a detainee becomes ill while in transit, the assigned transportation staff shall take The vehicle crew shall prepare a fully appropriate action and alert the receiving documented written report of the escape office in order to prepare to handle the and/or attempted escape. situation. 3. Hostages If a detainee becomes ill while in transit and If a hostage situation occurs on board the the illness requires immediate medical vehicle, at least one assigned transportation treatment (e.g., in event of a heart attack), staff member shall secure the vehicle assigned transportation staff shall request perimeter while another notifies the closest assistance from the nearest medical facility, ICE/ERO office of the situation. The assigned local law enforcement agencies and transportation staff shall make every effort emergency services. The transportation staff to determine who is involved and whether shall initiate life-saving procedures as time- they are armed, relaying this information to appropriate, proceeding if security permits. the ICE/ERO office and local law The closest ICE/ERO office shall prepare enforcement agencies. Under no procurement paperwork and make circumstances shall an assigned arrangements for hospitalization, security, transportation officer bargain with or take etc. orders from the hostage-taker(s), regardless 5. Death of the status or rank of the hostage(s). If a detainee dies while in transit, assigned The vehicle crew shall hold all detainees on transportation staff shall notify the board until help arrives, in the event that originating or receiving office as soon as the hostage-taker(s) allow(s) non­ possible and shall follow procedures specified participants to disembark. Regardless of in standard “4.7 Terminal Illness, Advance demands, the transportation staff shall not Directives and Death.” allow any hostage-taker(s) off the bus, with or without the hostages. The closest ICE/ERO office shall coordinate with other agencies, including the coroner, Because of the need to interview witnesses, required to be on the scene when the body is examine the crime scene, etc., a hostage removed from the vehicle. The removal must situation shall effectively end a take place in the state where death occurred. transportation assignment. Once the hostage Standard “4.7 Terminal Illness, Advance situation is resolved, assigned transportation Directives and Death.” specifies the staff shall receive instructions regarding how

1.3 | Transportation (by Land) 54 PBNDS 2011 (As Modified by February 2013 Errata)

procedures with which assigned from a local law enforcement agency, and transportation staff must comply. obtain medical assistance for anyone injured. 6. Fire Regardless of the severity of the accident, the assigned transportation staff must report the In case of fire in or on the vehicle, the driver accident to the local law enforcement agency shall immediately stop the vehicle. The crew and the nearest ICE/ERO office. They must shall fight the fire with the on-board also obtain a police report for the record, in equipment. If necessary, assigned case of future allegations or lawsuits against transportation staff shall request assistance ICE/ERO or individual officers. The driver from the local fire department and law must record witnesses’ names, addresses, enforcement agency. If the fire forces and phone numbers on Form SF-94. evacuation of the bus, the crew is responsible for maintaining accountability and security The assigned transportation staff shall discuss while removing detainees in an orderly the issue of responsibility for the accident only fashion. with their chain of command. Upon arriving at the receiving office, the assigned 7. Riots transportation staff shall report the accident to If a riot, fight, or any disturbance occurs on the Field Office Director, or designee and the bus, the assistant driver shall order the prepare the required forms. detainees to cease and the driver shall 9. Vehicle Failure attempt to move the bus to the side of the road. If necessary, the crew shall request The facility administrator shall develop assistance from the local law enforcement written procedures for assigned agency. Efforts shall be made to determine transportation staff to follow when the the instigators, number of detainees vehicle develops mechanical problems en involved, names and A-numbers. route. When sufficient assistance is available, the Crew in an ICE/ERO-owned vehicle that assigned transportation staff shall attempt develops mechanical problems en route shall to regain control, using only as much force attempt to isolate the problem, and shall (e.g., with restraints or pepper spray) as then contact the nearest ICE/ERO office. necessary. Assigned transportation staff may Unless the vehicle constitutes a traffic not enter the screened area bearing arms. hazard in its current location, the crew shall not move it until instructed to do so. If the 8. Traffic Accident assigned transportation staff fail to connect The facility administrator shall establish with the ICE/ERO office, they shall try to written procedures for vehicle crews involved reach a local law enforcement agency. in traffic accidents. 10. Natural Disasters After an accident, assigned transportation The facility administrator shall develop staff shall secure the area, request assistance written procedures for transportation officers

1.3 | Transportation (by Land) 55 PBNDS 2011 (As Modified by February 2013 Errata)

to follow in the event of severe weather or a transported by bus for more than ten hours. natural disaster. Otherwise, transportation by auto or van is In a flood, dust storm, ice storm, tornado or required, with frequent breaks. other natural disaster, the vehicle crew shall Females shall be seated in the front of the contact state authorities to assess road vehicle. conditions along the planned route. Minors shall be separated from unrelated If driving conditions are unlikely to improve, adults at all times during transport and the vehicle crew shall look for a safe area to seated in an area of the vehicle near officers park the vehicle and request further and under their close supervision. instructions from the receiving office. Assigned transportation staff shall search a Should it become necessary to exit the detainee of the opposite sex only in vehicle, the detainees must be directed to a extraordinary circumstances and only when safe area. In such a case, officers must a same-sex officer is not available. maintain a heightened alertness for the When transporting detainees of the opposite duration of the emergency. When the gender, assigned transportation staff shall emergency has passed, the assigned call in their time of departure and odometer transportation staff shall return all reading; and then do so again upon arrival, detainees to the vehicle and conduct an to account for their time. accurate count. Except in emergency situations, a single T. Transportation of Females and Minors transportation staff member may not The facility administrator shall develop transport a single detainee of the opposite written procedures for vehicle crews gender. Further, if there is an expectation transporting females. that a pat down will occur during transport, an assigned transportation staff member of Except for emergent or extraordinary the same gender as the detainee(s) must be circumstances as approved by the Field present. Office Director(s), females may not be

1.3 | Transportation (by Land) 56 PBNDS 2011 (As Modified by February 2013 Errata)

standard are as follows (specific 2.1 Admission and requirements are defined in “V. Expected Release Practices”). I. Purpose and Scope 1. Each detainee shall be screened to ensure facility safety, security and good order. This detention standard protects the Searches should be conducted in the least- community, detainees, staff, volunteers and intrusive manner possible. Absent contractors by ensuring secure and orderly reasonable suspicion that a detainee is operations when detainees are admitted to or concealing contraband, detainees shall not released from a facility. be strip searched when entering ICE This detention standard applies to the detention facilities. following types of facilities housing ERO 2. Each detainee’s personal property and detainees: valuables shall be checked for contraband, x Service Processing Centers (SPCs); inventoried, receipted and stored.

x Contract Detention Facilities (CDFs); 3. Each detainee’s identification documents and shall be provided to ICE/ERO and, as appropriate a copy placed in the detention x State or local government facilities used file. by ERO through Intergovernmental 4. Medical and mental health screening shall Service Agreements (IGSAs) to hold be conducted to identify requirements for detainees for more than 72 hours. medical care, special needs and housing, Procedures in italics are specifically required and to protect the health of others in the for SPCs, CDFs, and Dedicated IGSA facility. facilities. Non-dedicated IGSA facilities 5. Each detainee shall undergo screening must conform to these procedures or adopt, interviews and shall complete adapt or establish alternatives, provided questionnaires and other forms in they meet or exceed the intent represented accordance with the PBNDS. by these procedures. 6. Each detainee shall be given an Various terms used in this standard may be opportunity to shower and shall be issued defined in standard “7.5 Definitions.” clean clothing, bedding, towels, and For all types of facilities, procedures that personal hygiene items. appear in italics with a marked (**) on the 7. Each newly admitted detainee shall be page indicate optimum levels of compliance kept separated from the general for this standard. population until health, housing and II. Expected Outcomes custody classification is completed but not longer than 12 hours. The expected outcomes of this detention

2.1 | Admission and Release 57 PBNDS 2011 (As Modified by February 2013 Errata)

8. Each newly admitted detainee shall be accommodations for detainees with oriented to the facility through written disabilities and special needs. material on facility policies, rules, prohibited acts and procedures and, in III. Standards Affected some facilities, by viewing an orientation This detention standard replaces “Admission video. The applicable content and and Release” dated 12/2/2008. procedures concerning the facility shall be communicated to the detainee in a IV. References language or manner the detainee can American Correctional Association, understand. Performance-based Standards for Adult All written materials provided to Local Detention Facilities, 4th Edition: 4­ detainees shall generally be translated ALDF-2A-08, 2A-17, 2A-19, 2A-20, 2A-21, into Spanish. Where practicable, 2A-22, 2A-23, 2A-24, 2A-25, 2A-26, 2A-27, provisions for written translation shall be 2A-28, 2A-29, 2A-30, 2A-32, 2A-33, 2C-03, made for other significant segments of the 2C-04, 2C-05, 3A-01, 4B-02, 4B-06, 4C-29, population with limited English 5B-18, 6A-05, 7D-11, 7D-20. proficiency. ICE/ERO Performance-based National Oral interpretation or assistance shall be Detention Standards 2011: provided to any detainee who speaks x “2.2 Custody Classification System”; another language in which written material has not been translated or who is x “2.3 Contraband”; illiterate. x “2.5 Funds and Personal Property”; 9. Detainees shall be released, removed or x “2.10 Searches of Detainees”; transferred from a facility only when staff x “4.5 Personal Hygiene”; have followed specified procedures and completed required forms. x “5.6 Telephone Access”; and 10. The facility shall maintain accurate x “6.1 Detainee Handbook.” records and documentation in an V. Expected Practices ICE/ERO approved electronic format on all detainees’ admission, orientation, A. Overview of Admission, Orientation and discipline and release. Release

Detainees shall have access to one free As detailed below, each facility is required to telephone call during the admission imlement written policies and procedures for process as provided in the directive on the intake and reception of newly arrived “Detainee Transfers.” detainees, and to provide these detainees 11. The facility shall comply with applicable with information about facility policies, rules federal laws to provide reasonable and procedures. At intake, detainees shall be 2.1 | Admission and Release 58 PBNDS 2011 (As Modified by February 2013 Errata)

searched, and their personal property and adequate training on the admissions process valuables checked for contraband, at the facility. Admission processes for a inventoried, receipted and stored. Each newly admitted detainee shall include, but detainee’s identification documents shall be not be limited to: secured and given to ICE/ERO. Medical a. recording basic personal information; screening protects the health of the detainee and others in the facility, and the detainee b. criminal history check; shall be given an opportunity to shower and c. photographing and fingerprinting, shall be issued clean clothing, bedding, including notation of identifying marks or towels and personal hygiene items. other unusual physical characteristics; Each new arrival shall undergo screening d. medical and mental health screenings; interviews, and shall complete questionnaires and and other forms. For safety, security and e. inventory of personal property. good order of the facility, each newly arrived detainee shall be kept separated from the 2. Screening of Detainee general population until he/she is classified All detainees shall be screened upon and housed accordingly. admission; screening shall ordinarily Each new arrival shall be oriented to facility include: operations through written material in the a. screening with a metal detector; form of an ICE National Detention b. a thorough pat search; and Handbook or equivalent, covering such issues as access to health care services, sick c. a search of each detainee’s clothing (and call and grievance procedures, and the issuance of institutional clothing). facility’s rules and prohibited acts. In some Staff shall permit the detainee to change facilities, they may have an opportunity to clothing and shower in a private room view an orientation video. without being visually observed by staff, Before a detainee’s release, removal or unless the staff member has reasonable transfer from a facility, staff must follow suspicion to search the detainee in specified procedures and complete various accordance with the following section on forms. “Strip Searches” and standard “2.10 Searches of Detainees.” A staff member of B. Intake and Reception the same gender shall be present 1. Admission Processes immediately outside the room where the All facilities shall have in place a written detainee changes clothing and showers, with policy and procedure related to the the door ajar to hear what transpires inside. admissions process, which shall include The staff member must be prepared to intake and admissions forms and screening intervene or provide assistance if he/she forms. Staff members shall be provided with hears or observes any indication of a possible 2.1 | Admission and Release 59 PBNDS 2011 (As Modified by February 2013 Errata)

emergency or contraband smuggling. search for contraband. d. To maintain standards of personal A strip search must take place in an area hygiene and to prevent the spread of that affords privacy from other detainees communicable diseases and other and from facility staff who are not unhealthy conditions within the housing involved in the search. Observation must units, where possible, every detainee shall be limited to members of the same sex. shower before entering his/her assigned The articulable facts supporting the unit. During the detainee’s shower, an conclusion that reasonable suspicion officer of the same gender shall remain in exists must be documented. the immediate area as described above. During all strip searches, a Form G-1025 3. Search of Clothing and Personal Items (Record of Search) or its equivalent shall Staff shall focus search efforts on commonly be completed. used hiding and smuggling places, such as b. Reasonable Suspicion pockets, waistbands, seams, collars, zipper Officers must obtain supervisory approval areas, cuffs and shoe exteriors and interiors, before conducting strip searches during including under the inner soles. admission or release. Staff may conduct a Staff shall also inspect all open containers, strip search during admission and release, and inventory and store factory-sealed only when there is reasonable suspicion durable goods in accordance with facility that contraband may be concealed on the procedures. person. “Reasonable suspicion” means Items discovered during the search of a suspicion based on specific and articulable detainee or his/her property shall be facts that would lead a reasonable identified as: detention officer to believe that a specific detainee is in possession of contraband. a. contraband, and processed in accordance This “reasonable suspicion” standard is a with standard “2.3 Contraband”; or more permissive (lower) standard than the b. funds, valuables or other personal “probable cause” standard, but it property, to be kept in the detainee’s nevertheless requires more than a mere possession or inventoried, receipted, hunch. It must be based on specific and stored or mailed to an address provided by articulable facts—along with reasonable the detainee, in accordance with standard inferences that may be drawn from those “2.5 Funds and Personal Property.” facts—that the officer shall document in 4. Strip Searches Form 1025 (or contractor equivalent). a. Description No simple, exact or mathematical formula Staff shall not routinely require a detainee for reasonable suspicion exists. In order to remove clothing or require a detainee to for an officer to ascertain whether or not expose private parts of his/her body to there is reasonable suspicion to believe 2.1 | Admission and Release 60 PBNDS 2011 (As Modified by February 2013 Errata)

that a detainee may have contraband that The lack of identity documents alone does could pose a threat to him/herself, staff not ordinarily constitute reasonable members or other detainees, the officer suspicion. must review the totality of the individual’s Before strip searching a detainee to search

circumstances. As part of this process, an for contraband, an officer shall first officer could consider certain factors, attempt to resolve his/her suspicions including but not limited to: through less intrusive means, such as a 1) observation of unusual, surreptitious or thorough examination of reasonably suspicious appearance or behavior; available ICE, CBP and other law enforcement records; a pat-down search; a 2) evasive or inconsistent responses to detainee interview; or (where available) questions by law enforcement officers; the use of a magnetometer or Boss chair. 3) discovery of a weapon or other The officer shall document the results of contraband during a pat search, metal those other, less intrusive, search methods detector scan or other non-intrusive on Form G-1025 (or contractor search; equivalent). 4) the detainee’s criminal history, c. Gender of Inspector Staff of the same particularly felony or misdemeanor gender as the detainee shall perform the convictions of crimes involving violence, search, except when circumstances are weapons, contraband and illegal such that a delay would mean the likely substances. Ordinarily, convictions for loss of contraband. Except in the case of minor or non-violent offenses shall not an emergency or exigent circumstance, a be the only basis for reasonable staff member may not perform strip suspicion; searches of detainees of the opposite 5) the detainee’s detention in concurrence gender. When a member of the opposite with an arrest for a crime of violence; or gender from the detainee must perform a the detainee’s arrest in possession of a strip search, a staff member of the same weapon or contraband such as illegal sex as the detainee must be present. drugs; When staff members of the opposite 6) information from law enforcement gender conduct a strip search, staff shall databases or from other reliable sources document the reason for the opposite- suggesting that the detainee has gender search in any logs used to record affiliations with terrorist organizations, searches and in the detainee’s detention criminal gangs or organized crime; or file. Special care should be taken to ensure that transgender detainees are searched 7) the detainee’s history during in private. **Whenever possible, medical confinement, particularly of violence or personnel shall be present to observe the possession of contraband. strip search of a transgender detainee. 2.1 | Admission and Release 61 PBNDS 2011 (As Modified by February 2013 Errata)

5. Search of Baggage and Personal Property As part of the admission process, staff shall In accordance with standard “2.5 Funds and open a detainee detention file that shall Personal Property,” each facility shall have a contain all paperwork generated by the procedure for taking inventory and receipt of detainee’s stay at the facility, in accordance detainee baggage and personal property with standard “7.1 Detention Files.” (other than funds and valuables, which are C. Clothing and Bedding addressed below). In accordance with standard “4.5 Personal Identity documents, such as passports, birth Hygiene,” staff shall issue clothing and certificates and driver’s licenses, shall also bedding items that are appropriate for the be inventoried and given to ICE/ERO staff. facility environment and local weather a. Facility staff shall prepare an itemized list conditions. of the detainee’s baggage and personal D. Classification property using the personal property inventory form, or its equivalent. If a In accordance with standard “2.2 Custody detainee has no baggage, staff shall use a Classification System” staff shall use the facility container to store his/her personal documentation accompanying each new property. arrival for identification and classification purposes. If the classification staff members 6. Missing Detainee Property are not ICE/ERO employees, ICE/ERO shall In accordance with standard “2.5 Funds and provide only the information needed for Personal Property,” each facility shall classification. institute procedures for inventory and Under no circumstances may non-ICE/ERO receipt of detainee funds and valuables. personnel have access to the detainee’s A- When a newly arrived detainee claims file. his/her property has been lost or left behind, The classification process determines the staff shall complete a Form I-387, “Report of appropriate level of custody for each Detainee’s Missing Property.” IGSA facilities detainee. Once this is established, staff can shall forward completed Forms I-387 to issue the detainee clothing or a wristband in ICE/ERO. the appropriate color for his/her 7. Medical Screening classification level, if applicable. To protect the health of the detainee and New detainees shall remain segregated from others in the facility, each facility shall the general population during the medically screen each newly arrived detainee orientation and classification period, to the utilizing ICE Form I-794, or equivalent, in maximum extent practicable. accordance with standard “4.3 Medical E. Admissions Documentation Care.” 8. Establishment of a Detainee Detention File An Order to Detain or an Order to Release

2.1 | Admission and Release 62 PBNDS 2011 (As Modified by February 2013 Errata)

the detainee (Form I-203 or I-203a), bearing (origin and destination). the appropriate ICE/ERO Authorizing If the arresting/delivering officer has not Official signature, must accompany each initiated a Form I-385 or equivalent, the newly arriving detainee. Medical records admissions processing officer is and/or a book-in packet must accompany the responsible for its completion, excluding arriving detainee, unless ICE/ERO and the release information. The admissions facility officials have authorized other processing officer shall: arrangements. Staff shall prepare specific documents in conjunction with each new a. circle or write the name of the facility arrival to facilitate timely processing, receiving the detainee; classification, medical screening, accounting b. complete the biographical information of personal effects and reporting of statistical in blocks 1, 2, 3, 4, 5 and 6 with data. information provided in the detainee’s Forms requiring completion include, but are A-file or I-385. (The detainee’s presence not limited to, the Alien Booking Record is not required for this step); (Form I-385 or equivalent); the medical c. attach the detainee’s photograph to the questionnaire (Form I-794 or equivalent); the right of the biographical data; housing assignment card and any others used d. record detainee responses (checking by the booking entity. Based on a one-on-one “yes” or “no”) to section I interview interview with the newly arrived detainee, questions covering recent doctor visits, the specially trained detention officer or hospital stays, drug and alcohol abuse designated medical officer shall also complete and other physical and mental health the IHSC In-Processing Health Screening on conditions and concerns (on the forms Form I-794 or comparable form. for male detainees, strike the For SPCs the following criteria shall apply; pregnancy question and enter “N/A”); CDFs and IGSAs shall develop an equivalent e. mark the diagrams of the human process for processing detainees: anatomy, printed to the right of section 12. The Form I-385 or equivalent, Alien I, to indicate the approximate locations Booking Record or booking card, contains of any bruises, scars, cuts and other blocks in which the processing officer shall marks and distinguishing enter information during the admissions characteristics observed on the detainee process. In some circumstances, the (if the officer who searches the detainee arresting or delivering office shall enter is not the officer completing the biographical information, including name, questionnaire, he/she shall likewise sex, age, date of birth, birthplace, country mark the diagram); of citizenship, A-number, medical alert, f. respond “yes” or “no” to the questions in date apprehended, booking office, date of section II, based on general observations transfer and places involved in transfer 2.1 | Admission and Release 63 PBNDS 2011 (As Modified by February 2013 Errata)

of the detainee during the admissions 4) “Isolation until Medically Evaluated” process so far (e.g., compliance with —applicable when a positive orders, responsiveness, demeanor, etc.); response in section I or II suggests a contagious disease, or when the g. circle the appropriate action of the detainee’s behavior during above questioning in “Section III,” questioning seems threatening to self below: or others; the officer prepares an 1) “General Population”—applicable administrative segregation order when 100 percent of responses to and, in accordance with facility questions in sections I and II are procedures, the detainee is placed in negative (“no” circled); this the Special Management Unit (SMU) authorizes the detainee’s release into pending medical review. The medical the facility’s general population after review shall take place as soon as health screening has been completed, practical, but no later than 24 hours once the classification level is after isolation, even if this means established; involving on-call medical staff. 2) “General Population with Referral to h. after completing the form, provide Medical Care”—applicable when one signature and ID number in the or more responses to questions in signature block and, if the signature is sections I and II are positive (“yes” illegible, neatly print name above it; circled) and, though this could i. print onto a color-coded wristband, if indicate any of several conditions, applicable, the detainee’s information, none causes immediate concern; the including but not limited to the detainee’s release into the facility’s following: name and A-number; housing general population is authorized, and bunk assignment; and the Form I­ with follow-up by the medical 77 number; and department; j. strap the color-coded wristband, if 3) “Referral for Immediate Medical applicable, around the detainee’s wrist Attention”—applicable when one or in a way that shall not cause circulation more positive responses in sections I problems. Advise the detainee that the and II cause immediate concern for wristband must remain on his/her wrist the detainee’s physical or mental until removed by an officer, and that health; the officer informs the shift disregarding this requirement may lead supervisor of the need for immediate to disciplinary action. medical attention; the shift supervisor then contacts the medical F. Orientation department, describes the situation All facilities shall have a method to provide and does as instructed; and ICE/ERO detainees an orientation to the

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facility as soon as practicable, in a language presentations (e.g., location of current or manner that detainees can understand. listing); Orientation procedures in CDFs and IGSAs 6. standards of conduct, including acceptable must be approved in advance by the local and unacceptable detainee behavior, with ICE/ERO Field Office. an overview of other rules and At SPCs, CDFs, and dedicated IGSAs, the requirements; facility administrator shall produce an 7. disciplinary procedures, including orientation video that covers the required criminal prosecution, grievance topics listed below and shall screen it for procedures, appeals process; every detainee. The video shall generally be in English and Spanish and provisions shall 8. the facility’s Sexual Abuse and Assault be made for other significant segments of the Prevention and Intervention Program, population with limited English proficiency. including (at a minimum): The facility administrator shall establish a. self-protection; procedures that ensure the availability of an b. prevention and intervention; interpreter for a detainee who does not speak the language(s) used in the video. The c. reporting sexual abuse or assault; and interpreter shall be available for orientation d. treatment and counseling. and scheduled meetings with the detainee. 9. introduction to the individual Outside sources may be used if necessary to departments (e.g., recreation, medical); ensure compliance with this requirement, the various housing units; and food consistent with security measures. services, including availability of diets The orientation shall include the following which satisfy religious requirements; information: 10. schedule of programs, services and daily 1. an overview of the facility operations that activities, including visitation, telephone most affect the detainees; usage, mail service, religious programs, 2. typical detention-case chronology (what count procedures, access to and use of the most detainees can expect); law library and the general library, and sick-call procedures; 3. authority, responsibilities and duties of security officers; 11. voluntary work program, with specific details including how to volunteer; and 4. procedures for the detainee to contact the deportation officer handling his/ her 12. how the detainee can file formal docket; complaints with the DHS Office of the Inspector General (OIG). 5. availability of pro bono legal services, and how to pursue such services in the facility, Facility administrators at non-dedicated including accessing “Know Your Rights” facilities shall, to the extent practicable,

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produce an orientation video as described shall provide a translator or access to above and screen it for all detainees. Facility interpreter services as soon as possible for administrators at non-dedicated facilities the purpose of orientation. When needed, shall screen for all detainees any orientation and in compliance with security video provided to them by ICE/ERO. regulations, the facility administrator may contact an outside source. Following the orientation, staff shall conduct a question-and-answer session. Staff shall 4. As part of the admissions process, the respond to the best of their ability. Under no detainee shall acknowledge receipt of the circumstance may staff give advice about a handbook and supplement by signing legal matter or recommend a professional where indicated on the back of the Form I­ service. Staff shall also demonstrate clearly 385 (or on a separate form). to detainees how to use the telephone system a. The designated spot on the back of the to make telephone calls, including free Form I-385 may be a stamped entry telephone calls to consulates and free legal containing the date of issue; handbook service providers. number, if applicable; initials and ID G. Detainee Handbook number of the issuing officer; detainee- signature line; and space for date of 1. In accordance with standard “6.1 Detainee return and the receiving officer’s Handbook,” every facility shall issue to initials and ID number. each newly admitted detainee a copy of the ICE National Detainee Handbook b. The stamp used for the handbook and (handbook) and local supplement that supplement issuance may contain an fully describes all policies, procedures and identical section for locker-key rules in effect at the facility. issuance. 2. The handbook and supplement shall c. If a form is used instead of a stamp or provide a more detailed discussion of the comparable notation on the back of the material covered in the video overview. Form I-385, the officer must record the The handbook and supplement shall be in detainee’s name and A-number in English and Spanish or English and addition to the above-required provisions for written translation shall be information. The form is maintained in made for other significant segments of the the detainee’s detention file. population with limited English H. Releases proficiency. Detainees shall be allowed to keep the handbook and supplement with Facility staff assigned to processing must them in their living quarters. complete certain procedures before any detainee’s release, removal, or transfer from 3. If a detainee does not understand the the facility. Necessary steps include, but are language of the handbook and not limited to: completing out-processing supplement, the facility administrator

2.1 | Admission and Release 66 PBNDS 2011 (As Modified by February 2013 Errata)

forms; closing files and fingerprinting; housing-identification card from the file returning personal property; reclaiming system and turn it over to the detainee. facility-issued clothing, identification cards, The detainee will then report to the handbooks, and bedding; and checking wants processing office. and warrants. ICE/ERO shall approve all 8. At this stage of the detainee’s out- facility release procedures. processing, the control officer shall remove 1. A detainee’s out-processing begins when any Form G-589 receipts from the release processing staff receive the Form detainee’s detention file. The control I-203, “Order to Detain or Release,” signed officer shall give the Form G-589(s) to the by an authorizing official. shift supervisor for further action, and send the remaining documents to the 2. The requesting ICE/ERO official is processing office. responsible for having all documentation required for the detainee’s release or a. The shift supervisor shall compare the transfer complete and ready for use by out- information on the blue portion of the processing officers. Form G-589 with that on the pink triplicate portion and, if they match in 3. After verifying the documents, the facility all particulars, shall remove the pink shall use the most expeditious copy from its safeguards. communication system (e.g., public address system) to instruct the detainee to b. After verifying the information on each report to the nearest officer. portion of the G-589, the shift supervisor shall remove the funds and 4. Provide detainee medications and a copy valuables from safeguards, attach the of medical records in accordance with two portions of the Form G-589, make standard “4.3 Medical Care.” the necessary log entries, place the 5. The officer shall check the wristband of items in a secure container, and deliver the detainee, who reports as instructed, to the container to the processing officer. verify his/her identity. 9. When the detainee arrives in the 6. The officer shall advise the detainee to processing office, the processing officer remove all facility-issued items, including shall verify the detainee’s identity, and the handbook, supplement and locker key take physical possession of the housing- (if issued) and personal property from the identification card, handbook, supplement housing unit, and after doing so, to return and locker key (if issued) handed back by to the officer for further instruction. If the the detainee. The officer shall then date detainee is physically unable to remove and sign the back of the Form I-385 or his/her facility-issued and personal items, specified form and remove the bottom assistance shall be provided. portion(s) of the detainee’s Form I-77(s). 7. The officer shall remove the detainee’s a. The Form I-77 authorizes the removal

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from storage of the detainee’s personal Property.” property, as inventoried on the form. 10. The detainee shall be permitted to change b. Before returning the property to the into his or her own clothing in a private detainee, the officer shall explain the part of the processing area, within form and require the detainee to sign earshot but not eyeshot. The staff shall: his/her name on the bottom of the Form a. instruct the detainee to remove all I-77 or on a separate piece of paper. The facility-issued clothing, and to dress in officer shall compare this signature his/her personal clothing; with the signature on the back of the top portion of the I-77 that is attached b. inspect the condition and quantity of to the property. If the signatures facility-issued clothing, bedding, etc., appear the same, the officer shall surrendered by the detainee; return the items to the detainee. c. place the returned clothing and c. The detainee shall check his/her bedding, excluding the mattress, in the property against the original personal bin designated for soiled items—these property inventory form. If all property shall be laundered and sanitized as is correctly accounted for, the detainee appropriate before reuse; shall sign the inventory sheet, a copy of d. set aside the plastic-covered or ­ which the officer shall place in the sheathed mattress for rinse and wipe- detainee’s detention file. The detainee down with disinfectant or other solution shall be provided a copy of the signed prescribed by the medical department; form upon request. and d. If after property is checked against the e. i the event property is missing, provide detainee’s property inventory sheet Form I-387 to the detainee. Form G-589, I-77 or equivalent, it is 11. The processing officer shall compare the determined that property is missing or blue and pink copies of the Form G-589 unaccounted for, the detainee shall with the white copy presented by the complete a Form I-387 ‘Report of detainee. If the detainee’s documentation Detainee’s Missing Property or is in order, the officer shall return the equivalent. The detainee shall be detainee’s funds and secure the detainee’s informed as to how the property shall signature, confirming receipt of the be returned to him/her when/if it is inventoried property on the blue copy of located. The detainee shall be provided the G-589. The facility shall retain all instructions on the appropriate office to three copies (blue, pink and white) of the contact in order to follow-up on the closed-out G-589 in the detainee’s government’s search for the detainee’s detention file. lost property, in accordance with standard “2.5 Funds and Personal If the detainee claims to have lost the 2.1 | Admission and Release 68 PBNDS 2011 (As Modified by February 2013 Errata)

white portion of the Form G-589, the stations prior to the time the last bus/train processing officer shall note this on the leaves such stations for the day. If public blue copy, which he/she and the detainee transportation is within walking distance of shall certify by signing immediately the detention facility, detainees shall be below. Staff should ensure that the provided with an information sheet that content of the form is clear and that the gives directions to and describes the types of detainee is made fully aware of what transportation services available. However, he/she is signing in a language or other facilities must provide transportation for any manner which the detainee can detainee who is not reasonably able to walk understand. to public transportation due to age, I. Releases or Removals disability, illness, mental health or other vulnerability, or as a result of weather or The time, point and manner of release from a other environmental conditions at the time of facility shall be consistent with safety release that may endanger the health or considerations and shall take into account safety of the detainee. special vulnerabilities. Prior to release, the Detainees will be provided with a list of detainee shall be notified of the upcoming legal, medical, and social services that are release and provided an opportunity to make available in the release community, and a a free phone call to facilitate release list of shelter services available in the arrangements. immediate area along with directions to each Facilities that are not within a reasonable shelter. Detainees will be released with one walking distance of, or that are more than set of non-institutionalized, weather- one mile from, public transportation shall appropriate clothing. transport detainees to local bus/train/subway

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2.2 Custody Classification Disciplinary Offenses Involving Violence or Behavior Representing a Threat to the System Facility attached as Appendices 2.2.A, 2.2.B, 2.2.C, and 2.2.D. Facilities which receive a I. Purpose and Scope recommended custody classification or This detention standard protects detainees, custody classification score generated by an staff, contractors, volunteers and the ICE Field Office are encouraged to follow it. community from harm, and contributes to “Classification” and “reclassification” are orderly facility operations, by requiring a initial and periodic staff reviews, not only of formal classification process for managing a detainee’s custody classification, but of that and separating detainees based on verifiable detainee’s general case status, disciplinary and documented data. record, housing, special needs, adjustment to In accordance with the requirements and institutional living, opportunities for guidelines of this detention standard, each voluntary work assignments and general facility is required to have in place a formal well-being. detainee classification system that starts at This detention standard applies to the admission and is based on verifiable and following types of facilities housing ERO documented information. Each detainee’s detainees: custody classification must be determined x Service Processing Centers (SPCs); through application of the ICE custody classification process described herein or a x Contract Detention Facilities (CDFs); similar locally established system approved and by ICE/ERO, to categorize detainees and x State or local government facilities used physically separate them in accordance with by ERO through Intergovernmental those classification levels. Service Agreements (IGSAs) to hold Some factors relevant to custody detainees for more than 72 hours. classification are part of the broader ICE Procedures in italics are specifically required intake risk assessment process that often for SPCs, CDFs, and Dedicated IGSA begins before a detainee’s arrival at a facilities. Non-dedicated IGSA facilities detention facility. Classification of ICE must conform to these procedures or adopt, detainees also occurs in a variety of contexts adapt or establish alternatives, provided and may be performed by a variety of they meet or exceed the intent represented personnel, including ICE or facility staff. The by these procedures. general principles articulated in this standard apply to all facilities that ICE uses. Various terms used in this standard may be Facilities are also encouraged to utilize the defined in standard “7.5 Definitions.” ICE Custody Classification Worksheet, II. Expected Outcomes Instructions, Severity of Offense Scale, and

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The expected outcomes of this detention facility safety and security. standard are as follows (specific 8. The applicable content and procedures in requirements are defined in “V. Expected this standard shall be communicated to Practices”): the detainee in a language and manner 1. The community, staff, contractors, the detainee can understand. volunteers and detainees shall be All written materials provided to protected from harm through a formal detainees shall generally be translated classification process, for managing and into Spanish. Where practicable, separating detainees by threat risk and provisions for written translation shall be special vulnerabilities or special made for other significant segments of the management concerns that is based on population with limited English verifiable and documented data. proficiency.

2. Each detainee shall be expeditiously Oral interpretation or assistance shall be classified upon admission to the facility provided to any detainee who speaks and before being admitted into general another language in which written

population housing. material has not been translated or who is 3. Detainees shall be protected from harm by illiterate. assigning detainees housing with persons of similar backgrounds and criminal III. Standards Affected history. This detention standard replaces 4. Each detainee’s custody classification, “Classification System” dated 12/2/2008. housing, and work assignment shall be IV. References reviewed at regular intervals, as well as when required by changes in the American Correctional Association, detainee’s behavior or circumstances, and Performance-based Standards for Adult upon discovery of additional, relevant Local Detention Facilities, 4th Edition: 4­ information. ALDF-2A-30, 2A-31, 2A-32, 2A-33, 2A-34. 5. Detainees shall be able to appeal their ICE/ERO Performance-based National custody classification level and other Detention Standards 2011: assignments. x “2.11 Sexual Abuse and Assault 6. Detainees with special vulnerabilities will Prevention and Intervention”; be identified and consideration will be x “2.12 Special Management Units”; given to providing appropriate

accommodation. x “2.13 Staff-Detainee Communication”;

7. Detainees shall be assigned to the least x “5.8 Voluntary Work Program”; and restrictive housing unit consistent with x “6.2 Grievance System.”

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V. Expected Practices 4. Each detainee’s classification shall be reviewed and approved by a first-line A. Standards supervisor or classification supervisor; and Each facility shall develop and implement a 5. Detainees shall be assigned to housing, system for classifying detainees in offered recreation and other activities, and accordance with this Detention Standard. assigned to voluntary work, according to Facilities may rely on the ICE Custody their classification levels. Classification Worksheet, or a similar locally B. Custody Classification Score established system, subject to ICE/ERO evaluation and approval, as long as the “Classification” is a process of categorizing classification criteria are objective and detainees as low, medium or high custody uniformly applied, and all procedures meet and housing them accordingly. Research has ICE/ERO requirements. shown that discretionary decisions about custody classification are more objective and Each facility administrator shall require that consistent when guided by a process that the facility’s classification system ensures the systematically uses verifiable and following: documented information, and scores those 1. All detainees shall be classified upon factors appropriately. arrival and before being admitted into the In making classification decisions, facilities general population of the facility. use the recommended custody classification ICE/ERO staff shall provide facilities the generated by the ICE Field Office, or utilize data needed from each detainee’s file to the ICE Custody Classification Worksheet complete the classification process; (or similar system) to systematically produce 2. All facility staff assigned to classification a classification score for each detainee. duties shall be adequately trained in the C. Classification Information facility’s classification process. Each staff member with detainee in-processing During the classification process, staff shall responsibilities shall receive on-site reference facts and other objective, credible training; evidence documented in the detainee’s A-file, 3. Any detainee who cannot be classified work-folders, ICE automated records because of missing information at the time systems, criminal history checks, or other of processing (e.g., the results of a criminal objective sources of information. Relevant record check) shall be kept separate from considerations include any current criminal the general population. Once the needed offense(s), past criminal offense(s), escape(s), information is obtained, classification shall institutional disciplinary history, be expedited, and the detainee may be documented violent episode(s) and/or housed in the general population, if incident(s), medical information or a history warranted; of victimization. Personal opinion, including

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opinions based on profiling, familiarity or proceedings); personal experience, may not be considered x I-221—Order to Show Cause (OSC/WA) in detainee classification. and Notice of Hearing, with bond Special consideration shall be given to any conditions (charging documents for factor that would raise the risk of aliens in deportation proceedings); vulnerability, victimization or assault. x I-110 and I-122—Notice to Applicant for Detainees who may be at risk of Admission, Detained for Hearing before victimization or assault include, but are not Immigration Judge (charging limited to, persons who are transgendered, documents for aliens in exclusion elderly, pregnant, physically disabled, proceedings); suffering from a serious medical or mental illness, and victims of torture, trafficking, x Form I-203—Order to Detain or abuse, or other crimes of violence. Release; When making classification and housing x All conviction documents relating to decisions for a transgender detainee, staff charges on Form I-221, I-862, I-110/122 shall consider the detainee’s gender self- above; identification and an assessment of the x Criminal History (Rap Sheet)— effects of placement on the detainee’s mental NCIC/CII/TII, etc.; health and well-being. A medical or mental x Final order of removal; and health professional shall be consulted as soon as practicable on this assessment. x Any Executive Office for Immigration Placement decisions should not be based Review (EOIR) or other official record or solely on the identity documents or physical observation that is verifiable. anatomy of the detainee, and a detainee’s 2. Examples of Unacceptable Sources of self-identification of his/her gender shall Information that May Not Form the Sole Basis of always be taken into consideration as well. Classification Placement shall be consistent with the safety x A written or oral account from any and security considerations of the facility. interested party, unless and until it has As appropriate, ICE/ERO offices shall been officially confirmed; provide non-ICE/ERO facilities with the x Unconfirmed and unverified relevant information for the facility to information provided by the detainee; classify ICE/ ERO detainees. and Classification staff shall utilize translation x The unverified personal opinion of services when necessary. officers and other personnel. 1. Examples of Acceptable Forms and Information D. Intake Processing and Initial x I-862—Notice to Appear (charging Classification document for aliens in removal 2.2 | Custody Classification System 73 PBNDS 2011 (As Modified by February 2013 Errata)

The facility shall segregate the detainee from The reviewing supervisor may recommend the general population pending receipt and changes in classification due to: processing of information needed for 1. Pertinent incidents of any kind (e.g., classification, as specified above. disciplinary, medical, victimizations, Ordinarily, the initial classification process sexual assaults as either a victim or and initial housing assignment shall be perpetrator, etc.) while in custody; completed within 12 hours of admission to 2. A classification appeal by a detainee or the facility. If the process takes longer, recognized representative (see below); or documentation shall be maintained to explain the cause of the delay and to indicate 3. Specific, creditable, documented and that the detainee shall be housed articulated facts that surface after the appropriately. detainee’s admissions processing. F. Classification Levels and Housing Assignments After completion of the in-processing health screening form (IHSC-794 or equivalent), the All facilities shall ensure that detainees are classification officer assigned to intake housed according to their classification processing shall review information provided levels. Participation in work assignments by ICE/ERO and complete a custody and available activities shall be determined classification worksheet or equivalent. to be consistent with safety and security considerations. Under no circumstances Upon completion of the classification process, shall issues of facility management, or other at facilities where applicable, staff shall factors external to the detainee classification assign individual detainee’s color-coded system, influence a detainee’s classification uniforms, wristbands, or other means of level. custody identification. A system of color- coding permits staff to identify a detainee’s SPCs, CDFs and dedicated IGSAs use either classification on sight, thereby eliminating the recommended custody classification confusion, preventing potentially serious generated by the ICE Field Office or the miscommunication, and facilitating point total from the ICE Custody consistent treatment of detainees. Classification Worksheet to determine the E. Supervisory Review and Custody classification level of each detainee. Classification Assignment Non-dedicated IGSAs are encouraged to use the ICE Custody Classification Worksheet, The designated classification supervisor or or to adopt the ICE custody classification facility administrator designee shall review score generated by an ICE Field Office when the intake processing officer’s classification one is provided. files for accuracy and completeness and ensure that each detainee is assigned to the Non-dedicated IGSAs that do not use the appropriate housing unit. ICE Custody Classification Worksheet or rely on an ICE custody classification

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recommendation shall follow the guidelines x High custody detainees may be below when classifying detainees. reclassified to medium only based on 1. Low Custody institutional behavior provided items under number 2 above do not apply. A Low custody detainees may not be comingled detainee must be in custody for a with high custody detainees. minimum of 60 days before x May not include any detainee with an reclassification. arrest or conviction that included an act x High custody detainees shall not be of physical violence, or any detainee assigned work duties outside their with a history of assaultive behavior. assigned living areas. x May not include any detainee with a x High custody detainees: felony conviction for an offense that is listed under the “High” or “Highest” „ are considered high-risk,

section of the severity of offense „ require medium- to maximum-security guideline (Appendix 2.2.C). housing,

x May include detainees with minor „ are always monitored and escorted, criminal histories and non-violent and felony charges and convictions. „ may not be co-mingled with low 2. Medium Custody custody detainees. Medium custody detainees may not The facility classification system shall assign ordinarily be co-mingled with high or low detainees to the least restrictive housing custody detainees, except as specified below unit consistent with facility safety and in the section on “G. Housing Assignments.” security. Grouping detainees with x May not include a detainee whose most comparable histories together, and isolating recent conviction was for any offense those at each classification level from all listed under the “Highest” section of the others, reduces non-criminal and nonviolent severity of offense guideline (Appendix detainees’ exposure to physical and 2.2.C). psychological danger. The system identifies and isolates the detainees whose histories x May not include any detainee with a indicate the characteristics of the “hardened history or pattern of violent assaults. criminal” and who are most likely to x May not include a detainee convicted for intimidate, threaten or prey on the assault on a correctional officer while in vulnerable. custody or where a previous In facilities that have single cell living institutional record suggests a pattern arrangements, detainees that pose an of assaults while in custody. immediate and serious threat of violence to 3. High Custody staff, other detainees, or themselves shall be

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housed there. ensure that a detainee may be reassessed G. Housing Detainees with Different and/or reclassified. Staff shall record whether a classification process is being Classification Levels conducted for an initial classification or Ordinarily, detainees in different custody subsequent reclassification: classification levels are housed separately. 1. The first reclassification assessment shall When it becomes necessary to house be completed 60 to 90 days after the date detainees of different classification levels in of the initial classification. the same housing unit, the following guidelines shall apply: 2. Subsequent reclassification assessments shall be completed at 90- to 120-day 1. High custody detainees may not be housed intervals. with low custody detainees. 3. Special Reclassification Assessments 2. Low custody detainees and medium-low Staff shall complete a special custody detainees may be housed together, reclassification within 24 hours before a and medium-high custody detainees and detainee leaves the Special Management high custody detainees may be housed Unit (SMU) and at any other time when together: additional, relevant information becomes 3. Medium-low custody detainees are those known. For example, reclassification with no history of violent or assaultive would ordinarily be initiated as a result of charges or convictions, no institutional an assault, a criminal act or detainee misconduct, and no gang affiliation. victimization, or if a detainee wins a 4. Medium-high and high custody detainees criminal appeal, is pardoned or new are those with a history of violent or criminal information comes to light. assaultive charges, convictions, If it is documented, suspected or reported institutional misconduct, or those with a that a detainee has been physically or gang affiliation sexually abused or assaulted, the victim’s 5. Under no circumstance may a medium perception of his or her own safety and custody detainee with a history of well-being shall be among the factors assaultive or combative behavior be placed considered. in a low custody housing unit. A detainee may request reclassification in ICE may provide to facilities specific writing by submitting a detainee request recommendations or scores based on the ICE form, as described in standard “2.13 Staff- custody classification system to further guide Detainee Communication.” The facility housing assignments. classification officer shall ordinarily respond in person or in writing as soon as H. Reclassification possible and practicable, but no later than All facility classification systems shall within 72 hours of receipt. Any

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reclassification, however requires prior health condition. supervisory approval on the custody I. Classification Appeal classification form. Classification decisions should be provided to 4. Permissible Changes the detainee along with information on the x A detainee may be reclassified at any appeal process in a language and manner time to correct classification errors or understood by the detainee. when new information becomes Classification systems shall include available. procedures for detainees to appeal their x A detainee may be reclassified to high classification levels through written detainee custody based on documented behavior, request forms or by filing formal grievances including threats to the facility, other as described in standard “6.2 Grievance detainees or personnel. Any System.” reclassification to high custody that is J. Documentation not validated by the total custody classification score on the custody Classification forms and supporting classification form must be approved by documentation shall be placed in the the classification officer within 72 hours detention file. of any event requiring reclassification. K. Notice to Detainees A medium custody detainee may be x The ICE Detainee Handbook standard reclassified to low custody based on section on classification shall include: institutional behavior, provided the detainee has been in custody for at least x An explanation of the classification 60 days. levels, with the conditions and restrictions applicable to each. x A detainee may be reclassified any time there are medically documented x The procedures by which a detainee changes in his/her medical or mental may appeal his or her classification.

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Appendix 2.2.A: ICE Custody Classification Worksheet

ICE Custody Classification Worksheet

Part 1. Basic Information Initial Reclassification Special Classification Field/Sub Office: Facility: Date: Officer Name: Language(s) Used during the Interview:

Alien Number: DOB: Gender: F M

Last Name: First Name:

Part 2. Special Vulnerabilities and Management Concerns Does a Special Vulnerability exist? Inquire, observe, and review all documentation. If based on your assessment the vulnerability exists, select the appropriate boxes below. Also indicate whether there are other management concerns that may affect the custody Y N decision. serious physical illness serious mental illness disability elderly pregnancy nursing sole caretaking responsibility risk based on sexual orientation/gender identity victim of persecution/torture victim of sexual abuse or violent crime victim of human trafficking other (specify):

Provide further explanation as necessary:

If any boxes are checked, consult with the local ICE Field Office regarding appropriate placement and other management considerations, and record the date and time of consultation here:

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Part 3. Custody Classification Worksheet Severity of Charge/ Conviction Associated with the ICE Encounter 1 (Use Appendix 2.2.C Severity of Offense Scale) None 0 Enter the Low 2 score here: Moderate 4 High 6

Highest 7 2 Single Most Serious Conviction in the Individual’s Criminal History (Excluding Item 1)

None >15 Years 10-15 Years 5-10 Years < 5 Years Enter the

score here: Highest 0 5 5 6 7

High 0 5 5 6 6 2.2.C Moderate 0 1 2 3 4 See Appendix Low 0 0 0 1 2 3 Additional Prior Convictions (Excluding Items 1 and 2) None 0 Enter the 1-2 misdemeanors, no felonies 1 score here: 3-4 misdemeanors, or 1 felony 2 5 or more misdemeanors, or 2 felonies 4 4 Supervision History None 0 Walk-away or attempted escape from an unsecured facility, absconding, bond breach, Enter the violations of prior voluntary departure orders or conditions of supervision, or prior 3 score here: revocation of supervision Escape or attempted escape from a secure facility 7 5 Security Threat Group (STG) The individual has no known membership or affiliation with an STG 0 Enter the score here: The individual is a member of an STG 5 6 History/Pattern of Violence (Two or more arrests) 15 or more years ago 1 Over 10 years and less than 15 years ago 2 Enter the Over 5 years and less than 10 years ago 3 score here:

Within the last 5 years 5 Number of Sustained Disciplinary Infractions Involving Violence or Behavior Representing a Threat to the 7 Facility (Institution(s)): None 0 One 2 Enter the Two 4 score here: Three or more 6 Check if data not available: Total Custody Classification Score

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Custody Level Guideline Ranges If there is no arrest or conviction for a violent offense, use this table. If the person has an arrest or conviction Low Custody 0-2 for a violent offense, use this table. Medium-Low Custody 3-5 Medium-High Custody 6-11 0-6 High Custody 12+ 7+ If the Officer makes a custody recommendation outside of the custody level guideline ranges above, provide the rationale and include aggravating/ mitigating circumstances that were considered in the decision:

Recommendation Outside the Guideline Ranges Low Medium-Low Medium-High High Officer Signature Date

In the section below, check the custody level of the individual’s housing assignment, following the guidance provided in the instructions, F. Housing Assignment. For purposes of housing medium-custody individuals with low-or high level custody individuals, use the following guidelines: Medium-Low may be housed with low custody individuals; Medium-High may be housed with high-custody individuals; but, Low custody individuals may never be housed with high-custody individuals, or medium custody individuals who have any history of assaultive or combative behavior. If the individual is to be placed in administrative segregation, a copy of the administrative segregation order shall be immediately provided to the Field Office Director or his designee, as required by Standard 2.12 “Special Management Units.”

Final Housing Assignment Custody Level Low Medium-Low Medium-High High Administrative If the Supervisor decides to override the Officer’s custody level recommendation, provide the rationale below:

Supervisor Signature Date

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Appendix 2.2.B: Instructions for contractors, volunteers and the community from harm is an important consideration in Completing the ICE Custody determining a detainee’s custody Classification Worksheet classification, a decision about where and how to house a detainee is also based on the 1. Introduction detainee’s physical and mental health and Each facility is required to have a formal other important factors relating to a detainee classification system that starts at detainee’s special needs, which are referred admission and is based on verifiable and to as “special vulnerabilities” or documented information. “management concerns.” “Classification” and “reclassification” are 2. Specific Instructions for Completing the initial and periodic staff reviews, not only of ICE Custody Classification Worksheet a detainee’s custody classification, but of that A. Basic Information -- Part 1 detainee’s general case status, disciplinary record, housing, special needs, adjustment to Check the appropriate box to indicate institutional living, opportunities for whether the form is being completed for: voluntary work assignments, and general x Initial classification well-being. x Reclassification. (The first Custody classification is a process of reclassification assessment should be categorizing detainees as low, medium or completed 60 to 90 days after the initial high custody and housing them accordingly. classification. Subsequent The ICE Custody Classification Worksheet, reclassification assessments should be attached as Appendix 2.2.A, is designed to completed at 90 to 120-day intervals.) systematically document and score x Special reclassification (see standard information about each detainee in order to “2.2 Custody Classification System”). produce a total custody classification score that may be used, in conjunction with Enter the Field/Sub Office, facility and date. professional experience and judgment, to Enter the name of the classification officer guide classification decisions. and the language(s) used during the The factors considered for custody interview. classification closely align with the “public Enter the detainee’s alien number, last safety factors” that are part of the broader name, first name, date of birth, and gender. ICE intake risk assessment and B. Special Vulnerabilities and Management classification process that often begins even Concerns – Part 2 before a detainee’s arrival at a detention facility. Special vulnerabilities and management concerns should be taken into account in While the protection of detainees, staff, assigning levels of detention custody.

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The classification officer should inquire serious charge/conviction that led to the about and remain alert to signs of any encounter by consulting the Severity of special vulnerability or management concern Offense Scale. that may affect the custody determination. Identify the score associated with the Special vulnerabilities may include severity category into which the individual's disability, serious medical or mental health most serious offense falls. needs, risk based on sexual orientation or gender identity, advanced age, pregnancy, Enter the score in the field provided. nursing, sole caretaking responsibilities, or If the individual was last booked and victimization, including individuals who may returned to custody for a parole or probation be eligible for relief related to the Violence violation, the severity of the current Against Women Act (VAWA), victims of charge/conviction should be based on the crime (U visa), or victims of human offense(s) for which parole or probation was trafficking (T visa). (To detain individuals granted. confirmed to have vulnerabilities, ICE Item 2—Single Most Serious Conviction in Officers must prior to the individual’s arrival the Individual’s Criminal History. at the facility have obtained concurrence from the Field Office Director (FOD) and Excluding the entry in Item 1, determine the sent a significant event notice (SEN) to individual’s most serious prior conviction Headquarters.) under “Appendix 2.2.C: Severity of Offense Scale” to determine if it or a similar offense Use the boxes provided to check any is in the “Low,” “Moderate,” “High,” or vulnerability that applies, and provide an “Highest” category. explanation if necessary. If any boxes are checked, consult with the local ICE Field Separate convictions for multiple crimes Office regarding appropriate placement and should be considered independently of each other management considerations. other, regardless of whether they occurred on the same date. C. Custody Classification Scoring -- Part 3 Based on how long ago this conviction Item 1—Severity of Charge/Conviction occurred, use the table located on the ICE Associated with the ICE Encounter. Custody Classification Worksheet to assign a Determine the charge or conviction, if any, score. For example, if an individual was that is associated with the individual’s convicted of burglary with an assault, this current ICE encounter, and locate it or a would be a “Highest” offense and the row similar offense in “Appendix 2.2.C: Severity labeled “Highest” on the ICE Custody of Offense Scale” to determine if it is in the Classification Worksheet would be used. If “Low,” “Moderate,” “High,” or “Highest” the individual was convicted of this offense category. If more than one charge or less than 5 years from the date this form is conviction is involved, choose only the most being completed, then the individual would

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receive a score of 7. With regard to “violations of prior voluntary departure orders,” an individual should be If the individual’s most serious conviction is scored 3 points only if he/she has repeated trespass, this would be a “Low” offense failures to appear for his/her immigration according to “Appendix 2.2.C” and the row hearings. Do not include a single failure to labeled “Low” on the ICE Custody appear for an immigration hearing. Classification Worksheet would be used. If the individual was convicted of this offense Enter the score corresponding to the within 10-15 years of the date this form is individual’s most serious escape attempt in being filled out, then the individual would the field provided. receive a score of 0. Item 5—Security Threat Group. If the individual has no record of prior Security Threat Group (STG) convictions, enter 0. A Security Threat Group (STG) member is Enter the score in the field provided. any individual, who through association, Item 3—Additional Prior Convictions ideology, self-identification, identifying Excluding Items 1 and 2. symbol(s), or activities and/or conduct (both inside and outside custodial environments), Use the ICE Custody Classification is known to pose a threat to the safety of the Worksheet to score all other misdemeanor community, the security of ICE staff, ICE and felony convictions that have not been facilities, and/or those in ICE custody. scored in Items 1 and 2 (including all separate convictions obtained for multiple Security Threat Group (STG) Examples crimes, regardless of whether they occurred x Traditional Prison Gangs on the same date). x Traditional Street Gangs Select the highest score applicable to the individual’s history of additional prior x Non-Traditional Gangs convictions. For instance, if the individual x Transnational Criminal Organizations has been convicted of 2 misdemeanors and 1 x Foreign and Domestic Terrorist felony, a score of 2 (and not 1) should be Organizations assigned. x Special Groups Item 4—Supervision History. Enter 0 if there is no known affiliation or Escapes from correctional settings or membership. programs should be counted if the individual was found guilty of the escape or escape Enter 5 if there is documentation or a self- attempt by an institutional disciplinary admission that the individual is a member of committee, regardless of court prosecution or an STG. conviction status. Do not consider any Item 6 – History/Pattern of Violence escapes or attempts scored in Item 1.

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If the individual has two or more prior E. Classification Officer’s Recommended Custody arrests for violence against the person, use Level Item 6. to score those arrests. The less In the area designated “Custody Level recent the occurrence of the arrests, the Guideline Ranges,” check the box that lower the score. Use the most recent arrest to corresponds to the value entered for the total calibrate the time period. If the more recent custody classification score. If the detainee of the two arrests for a violent offense has no violent conviction, use the following occurred within the last 5 years, score this scoring ranges. If the total score is 0-2, item as a 5. If the more recent of the two check the Low Custody box. If the total score arrests occurred over 5 years ago, and less is 3-5, check the Medium-Low Custody box. than 10 years ago, score the item as a 3. If If the total score is 6-11, check the Medium- the more recent of the two arrests occurred High Custody box. If the total score is 12 or more than 10 years ago, and less than 15 more, check the High Custody Box. If the years ago, score this item as a 2. If the detainee has a violent conviction, use the arrest occurred more than 15 years ago, following scoring ranges. If the detainee’s score this item as a 0. total score is 0-6, check the Medium-High Item 7—Number of Sustained Institutional Custody box. If the total score is 7 or more, Disciplinary Infractions check the High Custody box. Sustained disciplinary infractions should be If a decision is made to recommend a custody counted if they involved violence or behavior level that falls outside of the ranges representing a threat to the facility. Using prescribed by the worksheet, note in the records from a current period of ICE space provided the aggravating/mitigating or detention and/or prior periods of detention or other circumstances that justify that imprisonment, calculate and enter the decision. The space should also be used for appropriate number of points. As a general any other matters the classification officer matter disciplinary offenses that involve would like to document or call to the violence or behavior representing a threat to attention of the supervisor with regard to the the facility are those listed in the “Greatest” detainee’s custody classification and housing. and “High” offense categories in standard In the area designated “Recommendation “3.1 Disciplinary System”, Appendix 3.1.A. Outside the Guideline Ranges,” check the These offenses are also listed in Appendix custody level box that corresponds to the 2.2.D. If no information is available, check custody level recommendation made that the box and score Item 7 as 0. differs from that prescribed by the Custody D. Total Custody Classification Score Level Guideline Ranges. Add the points in Items 1 through 7 to F. Housing Assignment calculate the detainee’s total custody In the area designated “Housing Assignment classification score. Custody Level,” check the level of custody of

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the individual’s housing assignment. Medium-High may be housed with high- custody individuals; but, a. If the detainee is to be placed in administrative segregation, a copy of the Low custody individuals may never be administrative segregation order shall be housed with high-custody individuals, or immediately provided to the Field Office medium custody individuals who have any Director or his designee, as required by history of assaultive or combative behavior. Standard 2.12 “Special Management ICE may periodically provide additional Units.” recommendations and guidance. G. Supervisory Approval For purposes of housing medium-custody In the area designated “Supervisory individuals with low or high level custody Approval,” the supervisor should sign and individuals, use the following guidelines: date the ICE Custody Classification worksheet indicating his/her approval of the Medium-Low may be housed with low decisions recorded in this worksheet. custody individuals;

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Appendix 2.2.C: Severity of Sexual Battery (other than capital or life Offense Scale felony) I. HIGHEST Aiding Escape Aggravated Battery with Deadly Weapon Armed Robbery (Multiple with injury) Burglary with Assault Escape (Secure Facility) Inciting Riot Kidnapping Murder (1st, 2nd degree) Sexual Battery (with violence upon a minor) II. HIGH Aggravated Assault Aggravated Battery Aggravated Child Abuse Arson Battery Law Enforcement Officer Burglary (Armed) Extortion False Imprisonment False Report of Bombings Controlled Substances (Importation, Trafficking) Introduction of Contraband into Detention Facility Manufacture of Explosives Robbery (armed, strong armed)

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III. MODERATE Armed Trespass Burglary Carrying Concealed Firearm Forgery Grand Theft Manslaughter Sale, Delivery, Possession of Controlled Substance Tampering with Witness Worthless Checks (felony) Welfare Fraud (felony) Escape (Non-secure Facility) IV. LOW Driving under the Influence Leaving the scene of Accident Battery (Simple Assault) Carrying Concealed Weapon (other than firearm) Disorderly Conduct Gambling Offering to Commit Prostitution Possession Marijuana (misdemeanor) Possession Drug Paraphernalia Petit Theft Trespass Worthless Check (misdemeanor)

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Appendix 2.2.D: Disciplinary be of the greatest severity; this charge is to be used only if another charge of Offenses Involving Violence or greatest severity is not applicable) Behavior Representing a Threat *199 Conduct that disrupts or interferes to the Facility with the security or orderly running of the facility (conduct must be of the I. “Greatest” Offense Category greatest severity; this charge is to be 100 Killing used only if another charge of greatest severity is not applicable) 101 Assaulting any person (includes sexual assault) 102 Escape from escort; escape from a II. “High” Offense Category secure facility 200 Escape from unescorted activities open 103 Setting a fire (charged with this act in or secure facility, proceeding without this category only when found to pose violence a threat to life or a threat of serious 201 Fighting, boxing, wrestling, sparring bodily harm or in furtherance of a and any other form of physical prohibited act of greatest severity encounter, including horseplay, that [e.g., a riot or an escape]; otherwise causes or could cause injury to another the charge is classified as Code 218 or person, except when part of an 321) approved recreational or athletic 104 Possession or introduction of a gun, activity firearm, weapon, sharpened 202 Possession or introduction of an instrument, knife, dangerous unauthorized tool chemical, explosive, escape tool, device or ammunition 203 Loss, misplacement or damage of any restricted tool 105 Rioting 204 Threatening another with bodily harm 106 Inciting others to riot 205 Extortion, blackmail, protection and 107 Hostage-taking demanding or receiving money or 108 Assaulting a staff member or any law anything of value in return for enforcement officer protection against others, avoiding 109 Threatening a staff member or any bodily harm or avoiding a threat of law enforcement office with bodily being informed against harm 206 Engaging in sexual acts *198 Interfering with a staff member in the 207 Making sexual proposals or threats performance of duties (conduct must 2.2 | Custody Classification System 88 PBNDS 2011 (As Modified by February 2013 Errata)

208 Wearing a disguise or mask introducing/conveying contraband) 209 Tampering with or blocking any lock 219 Destroying, altering, or damaging device property (government or another person’s) worth more than $100 210 Adulterating of food or drink 220 Being found guilty of any combination 211 Possessing, introducing, or using of three or more high moderate or low narcotics, narcotic paraphernalia or moderate offenses within 90 days drugs not prescribed for the individual by the medical staff 222 Possessing or introducing an incendiary device (e.g., matches, 212 Possessing an officer’s or staff lighter, etc.) member’s clothing 223 Engaging in any act that could 213 Engaging in or inciting a group endanger person(s) and/or property demonstration *298 Interfering with a staff member in the 214 Encouraging others to participate in a performance of duties (conduct must work stoppage or to refuse to work be of highest severity; this charge is to 215 Refusing to provide a urine sample or be used only when no other charge of otherwise cooperate in a drug test highest severity is applicable) 216 Introducing alcohol into the facility *299 Conduct that disrupts or interferes 217 Giving or offering an official or staff with the security or orderly operation member a bribe or anything of value of the facility (conduct must be of highest severity; this charge is to be 218 Giving money to, or receiving money used only when no other charge of from, any person for an illegal or highest severity is applicable) prohibited purpose (e.g.,

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2.3 Contraband 2. Detainee personal property that would be considered contraband within the facility I. Purpose and Scope shall be mailed to a third party or stored until the detainee’s release, unless that This detention standard protects detainees property is illegal to possess or constitutes and staff while enhancing facility security a threat to safety or security. and good order by identifying, detecting, controlling and properly disposing of 3. Contraband that may be evidence in contraband. connection with a violation of a criminal statute shall be preserved, inventoried, This detention standard applies to the controlled and stored with a documented following types of facilities housing ERO chain of custody. detainees: 4. The applicable content and procedures in x Service Processing Centers (SPCs); this standard shall be communicated to x Contract Detention Facilities (CDFs); the detainee in a language or manner the and detainee can understand. x State or local government facilities used All written materials provided to detainees by ERO through Intergovernmental shall generally be translated into Spanish. Service Agreements (IGSAs) to hold Where practicable, provisions for written detainees for more than 72 hours. translation shall be made for other significant segments of the population with Procedures in italics are specifically required limited English proficiency. for SPCs, CDFs, and Dedicated IGSA facilities. Non-dedicated IGSA facilities Oral interpretation or assistance shall be must conform to these procedures or adopt, provided to any detainee who speaks another adapt or establish alternatives, provided language in which written material has not they meet or exceed the intent represented been translated or who is illiterate. by these procedures. III. Standards Affected Various terms used in this standard may be defined in standard “7.5 Definitions.” This detention standard replaces standard on “Contraband” dated 12/2/2008. II. Expected Outcomes IV. References The expected outcomes of this detention standard are as follows (specific American Correctional Association, requirements are defined in “V. Expected Performance-based Standards for Adult Practices”): Local Detention Facilities, 4th Edition: 2C-01, 2C-02, 2C-06. 1. Contraband shall be identified, detected, controlled and disposed of properly. ICE/ERO Performance-based National Detention Standards 2011: 2.3 | Contraband 90 PBNDS 2011 (As Modified by February 2013 Errata)

x “2.5 Funds and Personal Property”; and the person for whom it was prescribed. x “6.2 Grievance System.” Staff shall consult the facility V. Expected Practices pharmacist or other health services A. “Hard” and “Soft” Contraband staff members when uncertain about whether a prescribed medication Contraband is anything detainees are not represents contraband. authorized to have in their possession. Medicine the detainee brings into the 1. A detainee found in possession of hard facility upon arrival shall be contraband could face disciplinary action forwarded to the facility medical staff or criminal prosecution. for disposition as specified under Hard contraband includes, but is not standard “4.3 Medical Care.” Only limited to, any item that: replacement medication duly a. is inherently dangerous; approved by the facility medical staff shall be returned to the detainee. b. is a tool or device that could be used to

escape; or 2. Soft contraband includes, but is not limited to, “nuisance” items that do not c. may otherwise interfere with security, pose a direct and immediate threat to safety, or the good order of facility safety or security, but which have the operations. potential to create dangerous or Examples of hard contraband include: unsanitary conditions in the facility (e.g., excess papers that create a fire hazard; a. tools that could aid in an escape (e.g., food items that are spoiled or retained ropes, keys); beyond the point of safe consumption). b. ammunition or explosives; If excessive authorized legal materials c. combustible or flammable liquids; create a fire hazard, the facility shall d. hazardous or poisonous chemicals provide an alternate storage area and gases; accessible to the detainee. e. weapons; B. Procedures for Handling Contraband f. intoxicants; All facilities shall have written policies and procedures for handling contraband, g. currency (where prohibited); and including the seizure of contraband, disputed h. narcotics and other controlled ownership, detainee or government property substances not dispensed or defined as contraband, and the preservation, approved by the medical department, inventory, and storage of contraband as not used as prescribed, or in the evidence of a crime. Facilities shall possession of a detainee other than

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ordinarily consult a religious authority a. arising from the unauthorized use of before confiscating a religious item deemed government property; and “soft” contraband. b. for any item acquired, without 1. Seizure of Contraband authorization, from another detainee. Staff shall seize contraband: 4. Detainee Property Defined as Contraband a. Found in the physical possession or living Staff shall seize all hard and soft contraband. area of a detainee (including a detainee In the event that the contraband is not illegal awaiting voluntary return); to possess under criminal statutes and would b. Found in common areas; not otherwise pose a threat to security, staff shall inventory and provide a receipt for the c. Found in incoming or outgoing mail; property. At the detainee’s request, the staff d. Discovered during admission in- will mail the property to a third party, or processing; and, store it with the detainee’s other stored personal property, in accordance with e. Found in transport vehicles. standard “2.5 Funds and Personal Property.” Exceptions may occur only upon written If a detainee chooses not to provide an authorization of the facility administrator. appropriate mailing address within 30 days, 2. Religious Items or is unable to pay the postage, the facility administrator after ICE/ERO concurrence, The facility administrator shall ordinarily and after providing the detainee with written consult a religious authority before notice of the intent to destroy the property confiscating a religious item that is deemed along with information on how to retain the “soft” contraband (see also standard “5.5 property in question, may dispose of the Religious Practices”). property in accordance with the section on 3. Disputed Ownership “Destruction of Contraband” below in this When a detainee’s claimed ownership of standard. If a detainee cannot establish potential contraband material is in question, ownership, staff shall attempt to resolve the staff shall: matter. If ownership cannot be reasonably established, the property may be destroyed, a. inventory and store the items pending as also described below in this standard. verification of ownership; and 5. Evidence of a Crime b. provide the detainee with a copy of the inventory as soon as practicable, and place Contraband that is illegal to possess or may a second copy in the detainee’s detention be evidence in connection with a violation of file. The detainee shall have seven days a criminal statute shall be preserved, following receipt of the inventory to prove inventoried, controlled and stored with a ownership of the listed items. documented chain of custody, and shall be reported to the appropriate law enforcement Staff shall deny claims: 2.3 | Contraband 92 PBNDS 2011 (As Modified by February 2013 Errata)

authority for action and possible seizure, ample opportunity to obtain proof of destruction or disposition of contraband is ownership and appeal the decision in detailed under standard “2.5 Funds and accordance with standard “6.2 Grievance Personal Property.” System.” 6. Government Property Where disciplinary action is appropriate, Contraband which is government property the facility administrator shall defer shall be retained as evidence for possible his/her decision about the property until disciplinary action or criminal prosecution, the disciplinary case, including any after which, as appropriate, it may be: appeals, is resolved. a. returned to the issuing authority; 4. The officer who physically destroys the property and at least one official observer b. returned to normal stock for reissue; or shall attest, in writing, to having c. destroyed, with the approval of the facility witnessed the property’s destruction. administrator. 5. A copy of the property disposal record C. Destruction of Contraband shall be given to the detainee, and another copy shall be placed in the detainee’s The facility administrator shall establish a detention file. procedure for the destruction of contraband items. D. Canine Units Contraband may be destroyed when no Canine units (in facilities that have them) longer needed for disciplinary action or may be used for contraband detection, but criminal prosecution. It may also be kept for their use for force, control, or intimidation of official use, such as use as a training tool, if detainees is prohibited, in accordance with secured in the facility armory when not in standard “2.15 Use of Force and Restraints.” use. Any facility that has a canine unit shall 1. The Chief of Security, or equivalent, shall establish a clear and detailed written policy determine whether an item shall be and procedures governing the circumstances destroyed. in which canine units may be used, in regard 2. The Chief of Security shall send the to ICE/ ERO detainees. facility administrator a memorandum, Canines shall not be used in the presence of through official channels, describing what ICE detainees. is to be destroyed and the rationale for E. Notice to Detainees destruction. The detainee handbook, or equivalent, shall 3. The facility administrator shall require notify detainees in a language or manner that an item of questionable ownership be that they understand relative to: held for 120 days before its destruction can be considered, to afford the detainee 1. The facility’s rules and procedures

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governing contraband; and and Personal Property,” as it relates to 2. The applicability of standard “2.5 Funds contraband.

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2.4 Facility Security and be staffed with qualified personnel. 2. Facility security and safety will be Control monitored and coordinated by a secure, I. Purpose and Scope well-equipped, and continuously staffed control center. This detention standard protects the 3. The facility’s perimeter will ensure that community, staff, contractors, volunteers and detainees remain within and that public detainees from harm by ensuring that facility access is denied without proper security is maintained and events which pose authorization. risk of harm are prevented. 4. Information about routine procedures, This detention standard applies to the emergency situations, and unusual following types of facilities housing ERO incidents will be continually recorded in detainees: permanent post logs and shift reports. x Service Processing Centers (SPCs); 5. Facility safety, security and good order, x Contract Detention Facilities (CDFs); including the safety, health and well-being and of staff and detainees, will be enhanced x State or local government facilities used through ongoing observation, supervision, by ERO through Intergovernmental and personal contact and interaction Service Agreements (IGSAs) to hold between staff and detainees. detainees for more than 72 hours. 6. Special security and control measures will Procedures in italics are specifically required consistently be applied to Special for SPCs, CDFs, and Dedicated IGSA Management Unit entrances. facilities. Non-dedicated IGSA facilities 7. Facility safety, security and good order must conform to these procedures or adopt, will be enhanced through frequent and adapt or establish alternatives, provided documented staff inspections of detainee- they meet or exceed the intent represented occupied and unoccupied areas. by these procedures. III. Standards Affected Various terms used in this standard may be defined in standard “7.5 Definitions.” This detention standard replaces “Facility Security and Control” dated 12/2/2008. II. Expected Outcomes IV. References The expected outcomes of this detention standard are as follows (specific American Correctional Association, requirements are defined in “V. Expected Performance-based Standards for Adult Practices”): Local Detention Facilities, 4th Edition: 4­ ALDF-2A-01 through 2A-14, 2A-18, 2C-01, 1. Essential security posts and positions will

2.4 | Facility Security and Control 95 PBNDS 2011 (As Modified by February 2013 Errata)

2C-02, 7F-06 B. Control Centers

ICE/ERO Performance-based National Each facility shall have a secure control Detention Standards 2011: center that is staffed continuously, 24/7. x “2.3 Contraband”; Control center staff shall monitor and coordinate facility security, life-safety and

x “2.5 Funds and Personal Property”; communication systems.

x “2.7 Key and Lock Control”; The Chief of Security shall carefully screen x “2.8 Population Counts”; officers for the highly responsible control center post assignment(s). The Control x “2.9 Post Orders”; officer’s responsibilities include (but are not x “2.12 Special Management Units”; limited to) key control, count procedures and x “2.15 Use of Force and Restraints”; public-address-system operations. The standards on “Key and Lock Control” and x “2.14 Tool Control”; “Population Counts” detail requirements for x “5.1 Correspondence and Other Mail”; key control and counts. x “5.7 Visitation”; and The facility administrator shall establish x “6.2 Grievance System.” procedures to implement the following control center requirements: V. Expected Practices 1. round-the-clock staffing; A. Security Staffing 2. limited staff access; Security staffing shall be sufficient to 3. no detainee access (in a control center, maintain facility security and prevent or staff must perform cleaning duties that minimize events that pose a risk of harm to elsewhere in the facility may ordinarily be persons and property. The facility assigned to detainees); administrator shall determine security needs 4. round-the-clock communications; based on a comprehensive staffing analysis and a staffing plan that is reviewed and 5. maintenance of a list of the current home updated at least annually. Essential posts and cell phone numbers of every staff and positions shall be filled with qualified member assigned to the facility, including personnel. administrative/support services staff members, all situation response team At least one male and one female staff members (SRTs), hostage negotiation member shall be on duty at all times in a team member (HNTs) and applicable law facility housing both male and female enforcement agencies. If any staff detainees. member is inaccessible by phone, other All security posts shall be guided by means of off-duty contact approved by the standard “2.9 Post Orders.” facility administrator, such as a pager

2.4 | Facility Security and Control 96 PBNDS 2011 (As Modified by February 2013 Errata)

number or e-mail address, may be listed; secure perimeter shall be controlled by a the list shall: sally port (or equivalent with electronic a. be on file in both the control center and interlocking doors or grilles) to prevent the shift supervisor’s office; unauthorized entry or exit. b. be maintained in a secure file; Staff assigned to the front entrance post shall be selected and expected to present a c. be used for emergency recall or urgent neat and professional appearance, exercise business only; public relations skills of courtesy and tact, d. be updated at least quarterly; and and interact and communicate easily and effectively with diverse people. Front e. prominently feature the following entrance staff is expected to uphold these notice: responsibilities while also maintaining “This information must be safeguarded. security and enforcing regulations. Use is restricted to those who need the a. Identification and Searches information in the performance of their The officer assigned to this post shall official duties. Misuse shall subject the check the identification documents of user to criminal liability. This agency every visitor, employee and other person shall view any misuse of this entering or leaving the facility. No adult information as a serious violation of the visitor may be admitted without Employee Code of Conduct, which may government-issued photo identification. result in disciplinary action, including removal." b. Record 6. round-the-clock accountability for 1) The post officer shall maintain the equipment; and visitor logbook, a bound ledger in which all non-staff visits are to be recorded. 7. a watch call system (officer safety checks) to the control center by all staff, ordinarily 2) Every entry in the logbook shall to occur every half-hour between 6:00 P.M. identify the person or department and 6:00 A.M. Individual facility policy visited, date and time of the visitor’s may designate another post to conduct arrival, purpose of visit, unusual watch calls. Any exception to exempt staff requests and time of departure. from making watch calls as described in 3) The entry for a person visiting a this standard requires the approval of the detainee shall also include the name facility administrator. and A-number of the detainee being C. Perimeter Security visited, and the address and relationship to the detainee. The post 1. Front Entrance officer shall require the visitor to print The facility’s front entrance shall be a and sign his/her name in the visitor controlled access point. Entrance into the logbook. 2.4 | Facility Security and Control 97 PBNDS 2011 (As Modified by February 2013 Errata)

4) All ICE/ERO employees shall wear time-out entry in the logbook. ICE/ERO-issued identification cards (to The post officer shall hold all visitor include photograph and name). The identification cards at the main gate front facility shall maintain a tracking entrance, for the following security mechanism for all staff permanently reasons: stationed at the facility. This mechanism shall include a process to 1) to account for visitors in the event of an rapidly verify all staff entering and emergency (e.g., medical, fire, hostage leaving the perimeter. situation, or other incident); 5) The facility administrator shall 2) as a check on logbook data; and establish procedures for tracking the 3) as a disincentive for criminal or arrivals and departures of contract disruptive behavior (e.g., distributing employees. However, the main drugs or other contraband; inciting an gate/front entrance officer shall internal disturbance or riot, etc.). maintain a separate file of contract d. Blue Visitor Passes (or color-coded employee Forms G-74, or equivalent, equivalent) laminated, with photograph, issue date, ICE/ERO employees not permanently expiration date (if applicable), and the stationed at the facility, and official facility administrator’s signature. visitors from other Department of c. Visitor Passes Homeland Security agencies, shall receive The facility administrator shall establish “blue” passes. Visitors with blue passes do procedures for issuing color-coded visitor not need, but may request, escorts. passes to all visitors entering the facility The post officer shall record every official via the main gate/front entrance. Visitors visitor’s arrivals and departures in the must prominently display this pass on an visitor logbook, including the person or outer garment, where it is visible (at a department visited, date and time of glance) to staff. visitor’s arrival, purpose of visit, unusual The post officer shall check the validity of requests and time of departure. the identification. In exchange for the To save time, all ICE/ERO employees with photo-identification card (e.g., driver’s frequent business at the facility but license, student ID card), the post officer stationed elsewhere shall complete a G-74 shall issue the visitor a color-coded pass, form, or equivalent, for the front-entrance provided the photo resembles the visitor personal data card file. closely enough to identify the visitor. The e. Yellow Visitor Passes (or color-coded visitor must leave his/her photo- equivalent) identification card with the post officer Law enforcement officers not directly until the end of the visit, marked by the connected with ICE/ERO, vendors and

2.4 | Facility Security and Control 98 PBNDS 2011 (As Modified by February 2013 Errata)

other persons visiting in an official surrendering the visitor pass and capacity shall receive “yellow” passes. retrieving his/her identification card, the Their visits shall be recorded in the visitor post officer shall photocopy the logbook. Escorts are required for visitors identification card and attach it to a memo with yellow passes. to the shift supervisor stating the: f. Orange Visitor Passes (or color-coded 1) visitor’s name; equivalent) 2) visitor’s title (if applicable); “Orange” passes shall be distributed to contractual construction service personnel, 3) person or department visited; including: 4) time the pass was issued; 1) representatives of the Army Corps of 5) reason for not retrieving the pass from Engineers, and the visitor and/or not returning the 2) contractors, including sub-contractors, identification card; and employees, laborers, supervisors, etc. 6) other relevant observations (for Each facility administrator shall example, suspicious or emotionally require such persons to identify charged behavior, use of rude language, themselves, consistent with the photo- demeanor). ID requirements stated above in the The main gate front-entrance assigned standard, and shall devise procedures staff member must account for all visitor for issuing construction visitor passes, passes when coming on duty, immediately including requirements for each visitor reporting any discrepancies to the shift to display his/her pass. Procedures will supervisor. The post officer is also also provide for a listing of facility areas responsible for monitoring the inventory of where construction visitors are visitor passes and identification cards, and authorized to be present and to work. reporting to the shift supervisor any Visitors with orange visitor passes must unusually long visits, (as indicated by an be escorted. identification card which has yet to be g. Red Visitor Passes (or color-code retrieved and/or a missing visitor’s pass equivalent) which has yet to be returned). Non-official persons visiting detainees or 2. Vehicle Entrance visiting the facility, regardless of a. Identification affiliation, shall receive “red” passes. The The main-gate front-entrance assigned post officer shall enter their visits in the staff member shall control all (vehicle) visitor logbook as specified under the traffic entering and leaving the facility. “Record” section of this standard. Escorts The officer shall check the driver’s license are required for visitors with red passes. of the driver entering into the facility, If a visitor leaves the facility without regardless of purpose (e.g., visit, delivery), 2.4 | Facility Security and Control 99 PBNDS 2011 (As Modified by February 2013 Errata)

and may require proof of insurance, driver of a delivery vehicle may be especially for vehicles to be driven on the accompanied by one or more co­ grounds. The officer will also check the worker(s), but not by unauthorized identification of every passenger in the passengers. vehicle. The officer may admit the vehicle 3) The facility employee responsible for only if the license and insurance are valid. vehicle oversight shall, as escort: While the driver is within the facility’s secure perimeter, the officer shall hold the a) walk behind the vehicle; driver’s license or identification of every b) directly supervise loading and person entering the facility, as specified unloading; under the “Visitor Passes” section in this c) retain the ignition keys, never standard. leaving them in the vehicle; and b. Vehicle Log d) close windows, lock doors and trunks, The post officer shall log the following secure toolboxes, ladders, etc., before information regarding every vehicle: tag leaving the vehicle unattended. number, driver’s name, firm represented, purpose of the visit, (e.g., repairs, delivery, 4) Before approaching the exit gate, the etc.), vehicle contents, date, time in, time driver shall stop at a spot designated. out and facility employee responsible for The gate operator shall not allow the the vehicle on-site. vehicle to depart until he/she is satisfied that neither the driver nor the c. Controls escorting officer is under duress. With 1) The main-gate front-entrance assigned that established, officers shall again staff member shall search the vehicle search the vehicle. If a thorough search before it enters or leaves the facility, is impossible to conduct, the vehicle both to prevent the shall be unloaded or held pending introduction/removal of contraband and completion of the next official count. If to prevent the vehicle’s use as a means the vehicle or vehicular equipment of escape. All drivers making deliveries must remain inside the compound must submit to a personal search and overnight, staff shall render it questioning about firearms, munitions, inoperable. knives, ropes, jacks, narcotics and other 5) If the post officer has doubts about a items considered contraband. (For more person’s identity, he/she shall not detailed information, see standard “2.3 permit the person to exit, pending Contraband”). positive identification. 2) Any article posing a threat to the 6) Staff shall handle any legal or special facility’s security shall be held at the gate mail delivered to the facility for or removed from facility grounds. The detainees in accordance with standard

2.4 | Facility Security and Control 100 PBNDS 2011 (As Modified by February 2013 Errata)

“5.1 Correspondence and Other Mail” and others designated by the facility D. General Population Housing Units administrator shall be required to visit all housing units weekly at minimum to observe 1. Post Orders and Housing Records living conditions and interact informally For each housing unit, the facility with detainees. Such visitors shall record administrator shall establish written post their visits by initialing the housing unit log. orders with step-by-step procedures, in E. Special Management Unit (SMU) accordance with standard “2.9 Post Orders.” Those post orders shall require that Because Special Management Units are housing officers maintain a housing unit log inherently among the most secure areas of for recording information regarding routine any detention facility, special security and unit operations, as well as unusual and control measures are required for these emergency incidents. units. 1. Control of Contraband and Tools Housing unit post orders shall follow the event schedule format, for example, “0515— Every facility administrator shall establish a Lights on” and shall direct the assigned staff written policy and procedures to secure the member to maintain a unit log of pertinent SMU from contraband. information regarding detainee activity. Items allowed to enter SMUs shall be kept to The shift supervisor shall visit each housing an absolute minimum. Any item allowed into area and initial the log on each shift at least the unit, including laundry, commissary, once per tour. food carts and personal property, shall be 2. Supervision and Communication thoroughly inspected and searched to prevent the introduction of contraband. Security officer posts shall be located in or immediately adjacent to detainee housing In the event that it becomes necessary to units to permit officers to see or hear and introduce tools into the unit, special care respond to emergency situations. Personal shall be taken. Prior to entering, all tools contact and interaction between housing shall be inventoried by the special housing staff and detainees shall be expected and officer. Tools shall be identified and checked required. against the inventory upon departing to ensure that no tools, hazardous objects, or As prescribed by standard “2.9 Post Orders,” materials are left in the unit. staff shall observe, supervise and control 2. Control of Entrances movement of detainees from one area to another. No detainee may ever be given In facilities with the ability to do so, the authority over, or be permitted to exert SMU entrance in regular use shall have a control over, any other detainee. sally port, which shall be operated so that The facility administrator, designated the inner and outer doors cannot both be assistant facility administrator, supervisors open simultaneously. Officers on the inside 2.4 | Facility Security and Control 101 PBNDS 2011 (As Modified by February 2013 Errata)

and outside shall independently check the perimeter fence line and other areas identification of every person going in or out, specified below in the standard. and each officer must positively confirm a Each officer who assumes a post assignment person’s identity before allowing him/her shall conduct a security check of the area, through the door. record the results in the post logbook, and Also, in accordance with written procedures prepare and submit maintenance work established by the facility administrator, requests as necessary. these officers shall take precautions to Documentation of all daily inspections—shift, ensure that the person requesting entry or area and post—is required. Completed exit is not doing so under duress. inspection forms, along with the schedule of 3. Control of Food Carts inspections shall be submitted to the Chief of Food carts shall be securely locked before Security. The daily inspection plan shall also leaving the food service area for delivery to provide guidelines for security-feature checks the SMU. If this is not possible, a staff escort and for reporting security concerns, is required. vulnerabilities and inconsistencies, such as inoperable security cameras. 4. Control of Keys The facility administrator shall identify the Staff assigned to the SMU or SMU visiting staff member responsible for the oversight of area shall have keys to the inner door(s) of the facility’s daily security inspection the sally port, but not to the outside door(s). process. Conversely, staff outside the SMU or SMU visiting area shall have keys to the sally Normally, the shift supervisor (or equivalent) port’s outer door(s) but not the inner door(s). shall handle this responsibility, under the Under no circumstances shall one individual Chief of Security (or equivalent). The shift hold keys to both the inner and outer doors supervisor or designee shall review all search of the sally port. and inspection documentation. F. Security Inspections The shift supervisor or designee shall report recurrent maintenance work problems to the 1. Required Written Security Inspection Procedures department head and/or assistant facility Frequent security inspections shall be administrator. Such problems include, for conducted to control the introduction of example, unresponsiveness to work orders, contraband; ensure facility safety, security failure to take corrective action, and/or failed and good order; prevent escapes; maintain attempts to resolve a problem within a sanitary standards; and eliminate fire and reasonable timetable. safety hazards. Each facility administrator 2. Perimeter Inspections shall establish a comprehensive security inspection system that addresses every area Perimeter inspections shall occur frequently, of the facility, specifically including the but at irregular times, as follows.

2.4 | Facility Security and Control 102 PBNDS 2011 (As Modified by February 2013 Errata)

a. Walls, fences and exits, including all 3. Housing Units outside windows shall be inspected for Each facility administrator shall establish a defects at least once per shift, and written policy and procedures for housing perimeter alarm systems shall be tested unit and personal area searches and the use daily. of canine units. Canine units may be used b. Once per shift or daily, at the facility only for contraband detection. Canine units administrator’s discretion, locations on the shall not be used for force, control or grounds shall be inspected where intimidation of detainees (see standard “2.15 detainees could arrange for visitors to Use of Force and Restraints”). leave contraband. a. Searches of Detainee Housing Areas c. Daily along the perimeter fence, checked Staff may search a detainee’s housing area by the assigned staff member(s): and personal items without prior notice, without detainee approval and without 1) walking the entire fence line; checking the detainee being present. Housing area the tension wire and binding straps and searches shall take place irregularly, so as all hardware attached to the poles to not to establish a predictable pattern. ensure tautness; examining wings for cut links; and testing the links For a cell search, staff shall remove the fastening the sides of the fence bottom detainee from the cell. Staff must pay to the fence; and particular attention to plumbing facilities, ventilators, beds, bedding, tables, chairs, 2) simulating a detainee’s climbing the books, etc., and be on the alert for fence by pulling on the fence. (Jerking contraband in false bottoms, hidden the fence back and forth does not compartments, hollow legs, etc. simulate climbing and is an insufficient simulation.) In a functional alarm After the search, staff shall restore all system, the pull-test shall activate the items as close as possible to their original alarm, after which staff shall order. immediately notify the control center of b. Search Log the need to reset the alarm. In the Each housing unit, including the SMU, event that the fence-climbing shall document cell and area searches in a simulation is insufficient to activate the search log that registers the date, time alarm, the facility administrator shall and findings, including location where be immediately notified so as to take contraband was found, type of contraband corrective action. and the searching officers’ names. d. The facility maintenance supervisor and 4. Searches of Utility Areas Chief of Security shall check the fence Staff shall conduct irregular searches of monthly, documenting the results in the storage and supply rooms, plumbing shift supervisor’s daily log.

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accesses, walls (particularly around to no fixed schedule. For searches of areas ventilators and windows), lighting and with specialized equipment or supplies, the plumbing fixtures, drains, etc., in the respective department head shall be present housing areas. These searches shall occur at to ease access to locked areas and to help least once per shift. determine the status of any questionable 5. Searches of Shops and Buildings items. Assigned staff shall routinely inspect all Staff shall document these searches in a areas of the facility, at odd hours, according logbook maintained by the shift supervisor.

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2.5 Funds and Personal 1. The security, safety and good order of each facility shall be maintained through an Property immediate search of each newly admitted detainee’s property. I. Purpose and Scope 2. Each detainee’s funds, valuables, baggage This detention standard ensures that and personal property shall be detainees’ personal property, including inventoried, receipted, stored and funds, valuables, baggage and other personal safeguarded for the duration of their property, is safeguarded and controlled, and detention. that contraband does not enter a detention 3. Each detainee shall be informed of what facility. funds and property may be retained in This detention standard applies to the his/her possession, and of procedures to following types of facilities housing ERO report missing or damaged property. detainees: 4. The applicable content and procedures in x Service Processing Centers (SPCs); this standard shall be communicated to x Contract Detention Facilities (CDFs); the detainee in a language or manner the and detainee can understand. x State or local government facilities used All written materials provided detainees by ERO through Intergovernmental shall generally be translated into Spanish. Service Agreements (IGSAs) to hold Where practicable, provisions for written detainees for more than 72 hours. translation shall be made for other significant segments of the population Procedures in italics are specifically required with limited English proficiency. for SPCs, CDFs, and Dedicated IGSA facilities. Non-dedicated IGSA facilities Oral interpretation or assistance shall be must conform to these procedures or adopt, provided to any detainee who speaks adapt or establish alternatives, provided another language in which written they meet or exceed the intent represented material has not been translated or who is by these procedures. illiterate. Various terms used in this standard may III. Standards Affected also be defined in standard “7.5 Definitions.” This detention standard replaces “Funds and II. Expected Outcomes Personal Property” dated 12/2/2008. The expected outcomes of this detention IV. References standard are as follows (specific American Correctional Association, requirements are defined in “V. Expected Performance-based Standards for Adult Practices”): Local Detention Facilities, 4th Edition: 4­ 2.5 | Funds and Personal Property 105 PBNDS 2011 (As Modified by February 2013 Errata)

ALDF-2A-20, 2A-23, 2A-24, 6A-07(M) and/or property officer(s) or ICE/ERO Performance-based National 3. a dedicated safe for the cash box and Detention Standards 2011: “2.3 property envelopes. Contraband.” All facilities, at a minimum, shall provide: V. Expected Practices 1. a secured locker for holding large A. General valuables, which can be accessed only by designated supervisor(s) and/or property All detention facilities are required to have officer(s) and written policies and procedures to: 2. a baggage and property storage area that 1. account for and safeguard detainee is secured when not attended by assigned property from time of admission until date admissions processing staff. of release; Both the safe and the large-valuables locker 2. inventory and receipt detainee funds and shall either be kept in the shift supervisor’s valuables; office or otherwise secured in an area 3. inventory and receipt detainee baggage accessible only to the shift supervisor. and personal property (other than funds The baggage and property storage area shall and valuables); be maintained in a clean and orderly manner 4. inventory and audit detainee funds, and inspected as often as necessary to valuables and personal property; protect detainee property. 5. return funds, valuables and personal B. Contraband property to detainees being transferred or In accordance with standard “2.3 released and Contraband,” if any unauthorized personal 6. provide a way for a detainee to report property is contraband, it must be missing or damaged property. surrendered to staff for securing, receipting and inventorying. In many facilities, detainee funds are deposited in the detainee’s commissary or C. Notice to Detainees canteen account. Any facility without a The detainee handbook or equivalent shall commissary shall provide: notify the detainees of facility policies and 1. a cash box for currently held detainee procedures related to personal property, funds, which can be accessed only by including: designated supervisor(s) and/or property 1. which items, including cash they may officer(s); retain in their possession; 2. valuable-property envelopes, which can be 2. that, upon request, they shall be provided accessed only by designated supervisor(s) an ICE/ERO-certified copy of any identity

2.5 | Funds and Personal Property 106 PBNDS 2011 (As Modified by February 2013 Errata)

document (e.g., passport, birth certificate), of personal property in their possession, which shall then be placed in their A-files; provided it poses no threat to detainee 3. the rules for storing or mailing property safety or facility security. Detainees shall not allowed in their possession; be granted an opportunity to store excess property with a third party or, with the 4. the procedure for claiming property upon facility administrator’s permission, in the release, transfer, or removal; facility’s personal property storage area. 5. the procedure for filing a claim for lost or 3. Identity documents (e.g., passports and damaged property and birth certificates) are held in each 6. access to detainee personal funds to pay detainee’s A-file. Upon request, staff shall for legal services. provide the detainee a copy of a document, D. Admission certified by an ICE/ERO official to be a true and correct copy. Staff shall search all arriving detainees’ 4. For each housing area, the facility personal property. administrator shall designate a storage Staff shall search and inventory detainee area for storing detainee personal property only in the presence of the property. detainee(s), unless instructed otherwise by Each detainee shall be permitted to keep in the facility administrator. his/her possession reasonable quantities of Medical staff shall determine the disposition the following, as long as a particular item of all medicine accompanying an arriving does not pose a threat to the security or good detainee. order of the facility: Standard operating procedure shall include 1. small religious items including religious obtaining a forwarding address from every jewelry items; detainee for use in the event that personal 2. religious and secular reading material property is lost or forgotten in the facility (softbound) and correspondence; after the detainee’s release, transfer, or removal. 3. legal documents and papers, including property receipts; E. Limitations on Possession of Funds and Personal Property 4. up to ten photographs measuring no more than 5” x 7.”; 1. The facility administrator shall establish 5. prescription glasses; whether a detainee may keep cash in his/her personal possession while in 6. dentures; detention and, if so, how much cash each 7. personal address book or pages; detainee may keep. 8. wedding ring; and/or 2. Detainees may keep a reasonable amount

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9. other item(s) approved by the facility F. Excess Property administrator or chief security officer. To prevent overcrowding and related storage Examples of items detainees may not retain problems, staff shall encourage detainees to include the following: send extra suitcases, televisions and other 1. cash in excess of the established facility “soft” (not illegal or dangerous) contraband limit; to a third party of his/her choosing. 2. any negotiable instrument; 1. The facility may make shipping arrangements for a detainee requiring 3. jewelry, other than small religious items such help. and wedding rings; 2. If a detainee does not provide an 4. other items of value, for example, appropriate mailing address within 30 cameras, radios, stereos; days of entry, the facility may make 5. personal clothing and hygiene items when reasonable accommodations to store the the facility provides them; property until the detainee’s removal or 6. drugs and medications not prescribed or release. Ordinarily the amount stored may authorized by facility medical staff and not exceed 40 pounds.

7. prohibited publications, including but not 3. If a detainee does not provide an limited to: publications depicting activities appropriate mailing address or is unable that present a substantial risk of physical to pay the postage, the facility violence or group disruption (e.g., material administrator may dispose of the property dealing with self-defense, weaponry, in accordance with standard “2.3 armaments, explosives, or incendiary Contraband,”, after providing the detainee devices); publications containing sexually with written notice. explicit material; or publications 4. When personal property is shipped, staff describing the production of drugs, shall prepare an inventory record and alcohol, or weapons. shall maintain a copy in the detainee’s Every housing area shall have lockers or detention file. other securable space for storing detainees’ G. Officer Processing of Funds and authorized personal property. The amount of Valuables storage space shall be proportional to the Facilities lacking automated detainee funds number of detainees assigned to that systems must process detainee funds and housing area. valuables as follows. Space constraints may cause the facility 1. Funds administrator to limit the number of newspapers, magazines, etc., allowed to each For recordkeeping and accounting purposes, detainee. use of the G-589 Property Receipt form or its

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equivalent is mandatory to inventory any account name; funds removed from a detainee’s possession, 3) for U.S. currency, the dollar sign ($) and a separate G-589 form or its equivalent followed by the dollar amount (e.g., is required for each kind of currency and $100); and negotiable instrument. 4) for foreign currency, the currency Removal and inventory of detainee funds amount followed by the type (e.g., 140 shall be conducted by at least two officers Japanese Yen, 300 Euros, 4,000 and in the presence of the detainee. Mexican Pesos). Separate documentation should be made for each kind of currency and negotiable For a detainee with more than one kind of instrument, and should include detainee negotiable instrument, the officers shall identification information and a description prepare as many G-589 or equivalent forms of the amount and type of currency or other as necessary to list separately all checks, all negotiable instrument inventoried. Officers money orders, each additional category of should then deposit the funds with a copy of negotiable instrument; and each type and the documentation in the drop safe or amount of foreign currency. similarly secured depository. If cash is returned to the detainee for The G-589 shall include: possession inside the facility, staff shall record the transaction in the “Description” a. the detainee’s A-number or facility column of the affected G-589 form or detainee number in the center area, just equivalent. above the biographic information; The two officers and the detainee shall sign b. the ICE facility designation code all copies, after which the copies shall be (“DETLOC”); distributed as follows: c. the current date; a. white original/first copy to the detainee d. the complete name of the detainee, printed (property receipt); legibly; b. blue/second copy to detainee’s I-385 e. in the “Quantity” column, the number of booking card or detention file checks, money orders, or other negotiable (attachment), and instruments and c. pink/third copy to funds envelope (insert). f. in the “Description” column: The admissions processing officer shall 1) the amount and type of currency, the record each Form G-589, or equivalent, kind of check, money order, or other issued and enter the initials and any negotiable instrument; corresponding identifiers of receipting officers in the facility’s G-589 Property Receipt 2) the name of the issuing bank, the Logbook, or equivalent. The officer shall then register or check number and the

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deposit an envelope containing the currency, should then record the issuance of this Form checks, money orders, other negotiable items G-589 in the facility’s Property Receipt and G-589 receipt(s) in the drop safe. Logbook or equivalent, tag the large valuable 2. Small Valuables, Including Jewelry with a copy of the Form G-589 and a Baggage Check (Form I-77), and secure the The Form G-589 or equivalent should be used item(s) in the designated storage area. The to describe generally each item of value. The Form G-589, or equivalent, including a officers should then record the issuance of description of each item, shall be prepared this Form G-589 in the facility’s Property and distributed as above. The large Receipt Logbook or equivalent, place the valuables shall then be tagged with a copy of valuables in a secured envelope, and deposit the Form G-589 and a Baggage Check (Form the envelope in the drop safe or similarly I-77). The officers shall attach a copy of the secured depository. Form G-589 and the center portion of the The Form G-589, or equivalent, shall describe Form I-77 to the detainee’s booking card or each item of value. Jewelry shall be described detention file. The processing officer shall in general terms (e.g., ring—“yellow/white record the G-589 issuance in the facility’s G­ metal with red/white stone”), with no 589 Property Receipt Logbook or equivalent mention of brand name or monetary value. and secure the item(s) in the designated The detainee and two processing officers storage area. shall sign the G-589 or equivalent with copies H. Supervisor Processing of Funds and distributed as noted above in this standard. Valuables The officers shall then place the valuables (and pink/third copy of G-589) in a clear During each shift, the supervisory security envelope, which they shall secure via officer shall verify the accuracy of all G-589 approved techniques for tamper-proofing. Forms or equivalent, record all funds and items in the drop safe or similarly secured The processing officer shall record the depository in the supervisors’ property log, issuance of this G-589 in the G-589 Property and verify the disposition of all large Receipt Logbook or equivalent. The officer valuables in the designated secured locked shall then deposit the secured valuables area. envelope and G-589 receipts in the drop safe provided. Zippered nylon bags are not The supervisory security officer or equivalent authorized. shall remove the contents of the drop safe 3. Large Valuables during his/her shift and initial the G-589 accountability log. The supervisor shall: Large valuables are items that do not fit into property envelopes, for example, televisions 1. verify the correctness of all G-589 Forms or musical instruments. The Form G-589 or or equivalents; equivalent should be used to describe 2. record the amount of cash and describe generally each item of value. The officers each item in the supervisors’ property log

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and 1. date and time of admission; 3. verify the proper disposition of funds and 2. detainee’s complete name and A-number valuables by checking the sealed or facility detainee number; envelopes in the cash box, the property 3. description, quantity and disposition of envelopes in the safe, and the safekeeping articles; disposition may be indicated as of all large valuables in the designated either: secured locked area. a. “S” for “safekeeping” (by the facility); or I. Officer Processing of Baggage and Personal Property Other Than Funds b. R” for “retained” (by the detainee); and Valuables 4. general condition of the property and

An itemized inventory of all detainee 5. signatures of the officer completing the baggage and personal property (separate inventory and the detainee. from funds and valuables) shall be completed After being properly inventoried and during admissions processing using the inspected for contraband, all baggage and personal property inventory form. Each facility containers shall be tagged and stored facility shall inventory all property, even in securely. the event that the property was previously A pre-numbered, three-part Form I-77 or its inventoried by another facility and is equivalent shall be issued for each separate contained in a sealed bag. If a detainee has item of baggage or container. The front side no baggage, a facility container shall be of the Form I-77 has three parts: top (Part I); provided to store his/her personal property. center (Part II); and bottom (Part III), the A Form I-77 or equivalent shall also be reverse side of which provides additional issued for each separate item of baggage or space to describe and identify the baggage or container. container. All detainee luggage and facility containers 1. Each Form I-77 or its equivalent shall used for storing detainee personal property bear the detainee’s full name and A­ shall be secured in a tamper-resistant number/facility detainee number and the manner and shall only be opened in the date. presence of the detainee. 2. The detainee’s signature must appear on These procedures do not apply to identity both the top (Part I) and bottom (Part III) documents (e.g., passports, birth certificates, of the Form I-77 or its equivalent. etc.), which are held in each detainee’s A-file. 3. The top part of the Form I-77 or its The personal property inventory form must equivalent shall be attached to the contain the following information at a detainee’s property. minimum: 4. The center part shall provide a brief

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description of the property container (for For each audit, facilities shall use Form G­ example, black suitcase, paper bag, etc.) 786 Alien Funds Audit Sheet, or equivalent, and shall be attached to the detainee’s reflecting, at a minimum, the following booking card or detention file. information: 5. The bottom part shall be given to the 1. Funds Held by Officers Other than the detainee and the reverse side shall also On-Duty Supervisor contain a brief description of the property At no time shall funds be held by officers container. other than the on-duty supervisor; All detainee luggage and facility containers 2. Cash on Hand used for storing detainee personal property The count is to be made by the incoming shall be secured in a tamper-resistant processing supervisor, who shall fill in the manner (e.g., by a tamper-proof numbered appropriate blanks with the amount of tie strap) and shall only be opened in the each denomination (U.S. currency); presence of the detainee. 3. Checks, Money Orders, or Other A logbook shall be maintained listing Negotiable Items detainee name, A-number or facility detainee The count is to be made by the in- number, I-77 number, security tie-strap processing supervisor, and the appropriate number, property description, date issued blanks are to be filled in reflecting the and date returned. amount of checks, money orders and other negotiable items; Tagged baggage and other property tagged only with an Form I-77, or equivalent, shall 4. Total of G-589 Property Receipts then be stored in the facility baggage storage This figure represents the total amount of area. funds, checks, money orders and other J. Inventory and Audit negotiable items as reflected by the copies of the Form G-589s or equivalents in the Both on-coming and off-going supervisors cash box; shall simultaneously conduct an audit of 5. Disbursed During Shift detainee funds, property envelopes and large This figure represents the total amount of valuables where physical custody of, or access funds disbursed during the shift. The out­ to such items changes with facility shift going processing supervisor shall enter changes. The property and valuables logbook disbursal information; shall record the date, time and the name of the officer(s) conducting the inventory. Any 6. Received During Shift discrepancies shall be immediately reported This figure represents the total amount of to the Chief of Security, who shall follow funds collected during the shift. The out­ facility procedure to ensure that all detainee going processing supervisor shall complete funds and valuables are accounted for. this information;

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7. Cash on Hand at End of Shift present the white copy of both the G-589 This figure represents the amount on Form(s) and I-77 Form(s) or equivalents for hand as counted by the out-going all receipted property processing supervisor. (If the logged figure Staff shall compare signatures on Form I-77 does not match with the cash currently on receipt portions, and match cash funds, hand, a new audit shall be conducted.) negotiable instruments, and valuables The Chief of Security or equivalent shall against property descriptions on G-589 follow facility procedures to ensure that forms. all detainee funds and valuables are accounted for; and For each I-77 presented, staff shall compare the signature on the detainee’s portion with 8. Number of Sealed Property Bags the portion on the stored item and the In facilities without commissaries, a portion on the booking card. Depending on comprehensive weekly audit shall be the size and kind of funds and valuables completed jointly by the detention listed on the G-589, staff shall conduct operations supervisor or equivalent, and a checks as follows: detention staff member. The audit shall be logged in the property and valuables 1. Small Valuables logbook. Discrepancies shall be reported to Match the contents of the property the Chief of Security (or equivalent). The envelope against the itemized list on all Chief of Security or equivalent shall take three copies of the G-589 Form or the necessary steps, according to facility equivalent. policy, to ensure that all detainee funds 2. Large Valuables and valuables are accounted for. Match the tagged items against the An inventory of detainee baggage and other description on all three copies of the G-589 non-valuable property shall be conducted by Form or equivalent. the facility administrator’s designee at least 3. Negotiable Instruments once each quarter. Match the negotiable instruments against The facility’s inventory audit shall indicate the description on all three copies of the the inventory’s date and time, and the name G-589 Form or equivalent. of the officer(s) conducting the inventory. 4. Cash Funds Any discrepancies shall be reported Compare the property description(s) on immediately to the facility administrator. the white, pink and blue copies of the G­ K. Release or Transfer 589 Form or equivalent. After the property check, the property shall After checking the I-385 Form or equivalent, be returned to the detainee. The detainee wristbands and property receipts to shall then sign the blue/second copy of the G­ positively identify the detainee being 589 Form or equivalent, indicating his/her released or transferred, the detainee shall

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receipt of all funds and personal property f. names and statements of all witnesses; due him/her. The property log and inventory g. place, date and time the property was last sheets shall reflect the transaction. seen (before reported missing or L. Lost or Damaged Property damaged); 1. General h. the circumstances under which the property was last seen (before reported Supervisory personnel shall be notified when missing or damaged); and properly receipted detainee property is reported missing or damaged. Supervisory i. sworn statements from the detainee and staff shall investigate and, if necessary, take all witnesses. prompt action to prevent further loss. A detainee being transferred, released, or If the property is not recovered or is removed from the country with a property recovered, but in damaged condition, staff claim shall be allowed to initiate the claim shall prepare a report for the facility before leaving the facility. The facility administrator, providing: a description of administrator shall forward the result of the any damage; the circumstances under which claim to the claimant’s forwarding address the property was last seen; the (provided upon admission or in conjunction circumstances under which the loss or with the claim). damage was discovered; and sworn 2. Lost or Damaged Property in SPCs statements from the detainee and all In addition to all procedures specified above, witnesses. SPC staff must complete Form I-387 Report If the property is not recovered or is of Detainees Missing Property for missing recovered, but in damaged condition, staff property (but not for damaged property). The shall prepare a report for the facility original copy of this form shall be placed in administrator, providing: the detainee’s A-file. The facility shall retain a. name and A-number/facility detainee a copy. number of the detainee claiming In accordance with the administrative ownership; manual, the facility administrator shall b. description of the property and, if report allegations of impropriety against applicable, damage; staff in the handling of detainee funds or valuables. c. date and time the loss or damage was discovered; 3. Lost and Damaged Property d. name(s) of person(s) discovering the loss All facilities shall have and follow a policy for or damage; loss of or damage to properly receipted detainee property, as follows: e. the circumstances under which the person(s) discovered the loss or damage; a. all procedures for investigating and

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reporting property loss or damage shall be g. the senior contract officer shall implemented as specified in this standard; immediately notify the designated ICE/ERO officer of all claims and b. supervisory staff shall conduct the outcomes. investigation; c. the senior facility contract officer shall M. Abandoned Property promptly process all detainee claims for All facilities shall report and turn over to lost or damaged property; ICE/ERO all detainee abandoned property. d. the official deciding the claim shall be at 1. Contraband shall be handled in least one level higher in the chain of accordance with standard “2.3 command than the official investigating Contraband.” the claim; 2. Property that is of minimal value, broken, e. the facility shall promptly reimburse or clearly abandoned shall be discarded. detainees for all validated property losses 3. Because property obtained through non- caused by facility negligence; appropriated funds cannot be donated, f. the facility may not arbitrarily impose a donations of abandoned property to ceiling on the amount to be reimbursed for charitable organizations are prohibited. a validated claim; and

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2.6 Hold Rooms in for this standard. Various terms used in this standard may be Detention Facilities defined in standard “7.5 Definitions.” I. Purpose and Scope II. Expected Outcomes This detention standard ensures the safety, The expected outcomes of this detention security, and comfort of detainees standard are as follows (specific temporarily held in hold rooms while requirements are defined in “V. Expected awaiting further processing. An individual Practices”). may not be confined in a facility’s hold room for more than 12 hours. 1. The safety, security and comfort of detainees temporarily confined in hold Hold rooms are used for detention of rooms shall be ensured. individuals awaiting removal, transfer, EOIR hearings, medical treatment, intra­ 2. No detainee shall be confined in a hold facility movement, or other processing into or room for more than 12 hours. out of a facility. 3. Males and females shall be confined This detention standard applies to the separately. following types of facilities housing ERO 4. Minors (persons under 18) shall be held detainees: apart from adults, except for documented x Service Processing Centers (SPCs); related adults or legal guardians, provided this arrangement incites no safety or x Contract Detention Facilities (CDFs); security concerns. and 5. Any detainee with a disability or x State or local government facilities used disabilities, including temporary by ERO through Intergovernmental disabilities, shall be housed in a manner Service Agreements (IGSAs) to hold that provides for his/her safety, comfort detainees for more than 72 hours. and security. Procedures in italics are specifically required 6. Detainees awaiting a medical visit shall for SPCs, CDFs, and Dedicated IGSA be seen within two hours. facilities. Non-dedicated IGSA facilities must conform to these procedures or adopt, III. Standards Affected adapt or establish alternatives, provided This detention standard replaces “Hold they meet or exceed the intent represented Rooms in Detention Facilities” dated by these procedures. 12/2/2008. For all types of facilities, procedures that appear in italics with a marked (**) on the IV. References page indicate optimum levels of compliance American Correctional Association,

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Performance-based Standards for Adult provide an additional seven square feet of Local Detention Facilities, 4th Edition: unencumbered space for each additional 1A-04, 1A-09, 1A-10, 1A-11, 1A-14, 1A-19, detainee. “Unencumbered space” does not 1A-20, 1A-21, 6B-04. include space taken up by benches and ICE/ERO Performance-based National tables. Detention Standards 2011: 3. Each hold room shall be well ventilated and well lit. All activating switches and x “2.6 Hold Rooms in Detention controls shall be located outside the room, Facilities”; in places accessible to staff only. x “2.10 Searches of Detainees”; 4. Each hold room shall contain sufficient x “2.15 Use of Force and Restraints”; and seating for the maximum room-capacity x “4.6 Significant Self-harm and Suicide but shall contain no moveable furniture. Prevention and Intervention.” Benches shall provide 18” of seat space per detainee and may be bolted to the floor or ICE/ERO “Family Residential” standards attached to the wall if the wall is of “Searches of Residents.” suitable construction. ICE/ERO “Family Residential” standards 5. Bunks, cots, beds and other sleeping “Use of Physical Force.” apparatus are not permitted inside hold V. Expected Practices rooms. Exceptions shall be made for detainees who are ill, and for minors and A. Physical Conditions pregnant women. Based on the ICE/ERO Hold Room Design 6. Each hold room shall be equipped with Guide, hold rooms in SPCs and CDFs must stainless steel, combination lavatory/toilet comply with the criteria in italics in this fixtures with modesty panels, in subsection. All other facilities are compliance with the Americans with encouraged to make appropriate Disabilities Act of 1990. Consistent with modifications to meet the criteria specified in the International Plumbing Code: the ICE/ERO Hold Room Design Guide. a. each small hold room (up to 14 1. Each hold room shall be situated within detainees) shall have one combination the facility’s secure perimeter. unit; and 2. Each single-occupant hold room shall b. each large hold room (15 to 49 contain a minimum of 37 square feet detainees), shall have at least two (seven unencumbered square feet for the combination units. (The Hold Room detainee, five square feet for a Design Standards A-E, HDR combination lavatory/toilet fixture and 25 Architecture, recommends a third square feet for wheelchair turnaround). combination unit for a hold room with Multiple-occupant hold rooms shall 30 or more detainees, or one 2.6 | Hold Rooms in Detention Facilities 117 PBNDS 2011 (As Modified by February 2013 Errata)

combination unit for every 15 impact-resistant standard of glass-clad detainees.) polycarbonate laminate. Window jambs 7. Each hold room shall have floor drain(s). shall be 14-gauge steel. 13. Detainees shall have access to potable 8. Hold-room walls shall be escape- and tamper-proof (e.g., an eight-inch, water in hold rooms. reinforced concrete masonry unit wall). B. Unprocessed Detainees Impact-resistant, steel-studded surfaces An individual may not be held in a hold room shall meet this standard in existing for more than 12 hours. buildings that cannot support reinforced concrete. The walls shall extend and be 1. Unaccompanied minors (persons under 18) built into the floor/room structure above. and parent(s) or legal guardians Ceilings shall also be escape- and tamper- accompanied by minor children shall not proof, preferably 10 to 16 feet high but no be placed in hold rooms, unless they have less than nine feet, except in currently shown or threatened violent behavior, existing facilities with lower floor-to-floor have a history of criminal activity, or have heights. given staff reasonable grounds to expect an escape attempt. As soon as it is 9. Each hold room shall have two-inch thick, determined that an unaccompanied minor detention-grade 14-gauge steel doors that is being detained, immediate efforts shall swing outward, and the 14-gauge steel be coordinated with the ICE/ERO Juvenile doorframes shall be grouted into the Family and Residential Management Unit surrounding wall. Also required are (JFRMU) to move the minor to an tamper-resistant bolt locks, door-mounted approved facility designated for the with paracentric keys or jamb-mounted placement of unaccompanied minors by with mogul keys. the U.S. Department of Health and 10. The solid doors shall be equipped with Human Services Office of Refugee security-glass or barred windows, Resettlement (ORR) procedures. 12”x12”, installed at eye level for 2. Persons exempt from placement in a hold convenient visual checks. Security bars or room due to obvious illness, special mesh doors shall be of appropriately medical, physical and or psychological sturdy construction to prevent escape. needs, or other documented reasons shall 11. Primary surveillance shall be through be seated in an appropriate area observation windows to the side of the designated by the facility administrator hold-room doors. Observation windows outside the hold room, under direct shall start about three feet from the floor supervision and control, barring an and extend no higher than the top of the emergency. If the physical layout door. precludes holding such individuals outside 12. The glazing shall meet or exceed the the hold room, they may be held in 2.6 | Hold Rooms in Detention Facilities 118 PBNDS 2011 (As Modified by February 2013 Errata)

separate rooms, if available. Officers shall inspect parcels, suitcases, bags, 3. Males shall be segregated from females at bundles, boxes and other property before all times (even if married). accepting any item of property.

4. Any minor (persons under 18) shall be held apart from adults, unless the adult is Before placing a detainee in a room, staff a documented relative or legal guardian shall do a pat-down search for weapons or and no other adult detainees are in the contraband. hold room, and provided there are no 1. The pat-down search shall be done by a safety or security concerns with this staff member of the same gender as the arrangement. (For more information detainee, unless one is not available. regarding juveniles, see Flores v. Reno.) 2. A pat-down search is required, even if 5. To the extent practicable in a hold room another section or agency claims to have situation, detainees with known or readily completed one. apparent disabilities, including temporary disabilities, shall be housed in a manner If the pat-down search indicates the need for that accommodates their mental and/or a more thorough search (e.g., in cases of physical condition(s) and provides for reasonable suspicion of contraband or safety, comfort and security. weapon possession), a strip search shall be conducted, in accordance with standard “2.10 6. Detainees shall be provided with basic Searches of Detainees” and/or the “Family personal hygiene items (e.g., water, Residential” standard on “Searches of disposable cups, soap, toilet paper, Residents.” feminine-hygiene items, diapers and sanitary wipes), as appropriate. Staff shall remove from a detainee’s possession any sharp objects, including pens, 7. If the hold room is not equipped with pencils, knives, nail files and other objects restroom facilities, the shift supervisor that could be used as weapons or to deface shall position an officer within sight or property. earshot of the hold room, to provide detainees with regular access to toilet D. Basic Operational Procedures facilities, which shall be as close as 1. Before placing a detainee in a room, an possible within the facility’s security officer shall observe and evaluate whether perimeter. Detainees using the restroom any individual presents any obvious shall be closely monitored, under direct mental or physical problems. If any are supervision. Detainees with physical apparent, the officer shall notify disabilities shall be provided appropriate appropriate staff. assistance. 2. Each facility shall maintain a detention C. Detainee Search log (manual or electronic) into which the

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hold room officer shall immediately enter access to snacks, milk and juice. specific information on an ICE/ERO d. To the extent practicable, officers shall detainee’s placement in a hold room. be sensitive to detainees’ cultural, The detention log shall record each religious and medical culinary detainee’s: restrictions and differences. a. name; 4. Staff shall ensure that sanitation, b. sex; temperatures and humidity in hold rooms are maintained at acceptable and c. age; comfortable levels. Minors, pregnant d. A-number; women and others with evident medical needs shall have temporary access to e. nationality; temperature-appropriate clothing and f. reason for placement; blankets. g. time in; 5. Officers shall closely and directly h. time out; and supervise hold rooms through the following means: i. date and time of new age determination. a. continuous auditory monitoring, even when the hold room is not in the The log shall also provide space to officer’s direct line of sight; record meal times, visual checks, security concerns (which may also b. visual monitoring at irregular intervals necessitate an incident report) and at least every 15 minutes, each time comments. recorded in the detention log, to include the time, the officer’s printed name, and 3. Meals: any unusual behavior or complaints a. Officers shall offer a meal to any adult under “comments”; and held in a hold room for more than six c. constant surveillance of any detainee hours. (Officers shall question newly exhibiting signs of hostility, depression, arrived individuals to determine when or similar behaviors. In such cases, the he/she last ate, and, if appropriate, officer shall notify the shift supervisor. provide a meal soon after arrival in the (See standard “4.6 Significant Self- hold room.) harm and Suicide Prevention and b. Each minor shall receive meal service Intervention.”) regardless of the time in custody or 6. Staff shall not permit detainees to use time of arrival. tobacco products in a hold room. c. Minors, pregnant women and others 7. The occupant load/detainee capacity shall with evident medical needs shall have be posted outside of each holding cell.

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8. No officer may enter a hold room unless Evacuation procedures shall include another officer is stationed outside the posting the evacuation map and advance door, ready to respond as needed. Officers designation of the officer responsible for may not routinely carry firearms, pepper removing detainees from the hold room(s) spray, a baton or any other non-deadly in case of fire and/or building evacuation. force devices into a hold room, and any 2. Staff shall immediately: required physical force to control a situation shall be in accordance with a. contact the medical emergency service standard “2.15 Use of Force and when a detainee appears to be in need Restraints” and/or the “Family of urgent medical treatment; and Residential” standard on “Use of Physical b. notify the supervisor of any such Force.” emergencies. 9. When the last detainee has been removed, 3. If a detainee is removed from a hold room officers shall ensure the hold room is for medical treatment, an officer detail thoroughly cleaned and inspected for any shall accompany and remain with that evidence of tampering with doors, locks, detainee until medical personnel windows, grills, plumbing, electrical determine whether the condition requires fixtures, or contraband, and shall report hospitalization. any such problems to the shift supervisor a. If the detainee is not hospitalized, the for corrective action or repair. officer detail shall remain with the E. Fire, Building Evacuations and Medical detainee until treatment is complete Emergencies and then escort the detainee back to the facility. 1. The facility administrator shall develop and distribute a written plan to be b. If the detainee is hospitalized, the followed in the event of a fire, building officer detail shall notify the supervisor evacuation, or medical emergency. and await further instructions.

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2.7 Key and Lock Control 1. All staff shall be trained in the proper care and handling of keys and locks. I. Purpose and Scope 2. Keys shall be accounted for and controlled. This detention standard enhances facility 3. Locks and locking devices shall be safety and security by requiring that keys continually inspected, maintained and and locks be properly controlled and inventoried. maintained. 4. All firearms shall be stored in secure gun This detention standard applies to the lockers before their carriers enter the following types of facilities housing ERO facility. detainees: III. Standards Affected x Service Processing Centers (SPCs); This detention standard replaces “Key and x Contract Detention Facilities (CDFs); Lock Control” dated 12/2/2008. and x State or local government facilities used IV. References by ERO through Intergovernmental American Correctional Association, Service Agreements (IGSAs) to hold Performance-based Standards for Adult detainees for more than 72 hours. Local Detention Facilities, 4th Edition: 4­ Procedures in italics are specifically required ALDF-2D-01, 7B-10. for SPCs and CDFs. IGSA facilities must V. Expected Practices conform to these procedures or adopt, adapt or establish alternatives, provided they meet A. Proper Care and Handling of Keys and or exceed the intent represented by these Locks procedures. All staff shall be trained in and held For all types of facilities, procedures that responsible for adhering to proper appear in italics with a marked (**) on the procedures for the care and handling of keys, page indicate optimum levels of compliance including electronic key pads where used. for this standard. Initial training shall be completed before Various terms used in this standard may be staff is issued keys, and key control shall be defined in standard “7.5 Definitions.” among the topics covered in subsequent annual training. Ordinarily, such training II. Expected Outcomes shall be done by the security officer (key The expected outcomes of this detention control officer), as described below. standard are as follows (specific 1. An employee who leaves the facility with a requirements are defined in “V. Expected key ring shall return it immediately upon Practices”). realizing his/her mistake or when

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instructed to by the facility. Such an act B. Security Officer (Key Control Officer) shall constitute unauthorized possession Each facility administrator shall establish of facility property as well as a breach of the position of security key control officer, or security procedures. at a minimum, shall assign a staff member 2. An employee who loses, misplaces, or the collateral security officer duties, as otherwise cannot account for a key or key described herein. ring shall immediately alert the shift 1. Major Duties and Responsibilities of the Security supervisor and promptly submit a written Key Control Officer report. The security key control officer shall have a 3. Under no circumstances shall staff allow a written position description that includes detainee to handle facility keys. duties, responsibilities and a chain of 4. Key rings, including those for gun lockers, command shall be securely fastened to a belt with a The security key control officer: metal clip or other approved device. a. reports directly to the Chief of Security; Fastening keys to a holster or belt loop is prohibited. b. conducts physical security surveys of all buildings and provides the Chief of 5. Employees shall not refer to key numbers Security written recommendations or other means of key identification within regarding deficiencies and needed earshot of a detainee. corrective actions; 6. Employees shall neither throw nor slide c. plans and implements adequate keys to one another. preventive maintenance/replacement locks 7. Locks should not be forced. If a key fails and other security devices; to operate a lock, a supervisor shall be d. identifies technical problems or notified immediately. malfunctions in electronic/automated and 8. If a key breaks inside a lock, the employee manually operated security systems and shall maintain visual oversight of the lock immediately repairs them or coordinates until the problem is repaired. If the key prompt repairs with the facility breaks inside a padlock, the padlock itself maintenance department; shall be removed and taken to the control e. overhauls, adjusts and replaces worn center. In every instance, the employee parts on locking devices and systems; shall submit a memorandum on the incident to the facility administrator. f. maintains, adjusts and services machines used in the lock shop; 9. Facilities shall use key covers for large security keys to prevent detainees or other g. is trained in operation of gas/oxygen­ unauthorized persons from observing and cutting tools and end-saw equipment in duplicating them. case of an emergency;

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h. conducts routine tests on emergency-exit security equipment. doors; The security key control officer or equivalent: i. checks the keys to all emergency exits a. maintains a record keeping system that every 30 days and all other keys needed in cross-references keys in the control center emergencies quarterly, and documents the and lock shop, alphabetically and results; and numerically, to facilitate quick j. reviews all major work orders and in­ identification of the key or key ring needed house designs, plans and specifications for a particular lock; with the facility maintenance department b. maintains accurate inventories of padlocks for compliance with security in use, master keys for cabinets, key requirements. blanks and all keys currently in use; and The facility maintenance supervisor, or c. maintains, for the historical record, a equivalent, shall consult with the Chief of collection of reference material on locking Security or equivalent and security officer devices and systems, including devices and before proceeding with new construction and systems previously used in the facility. renovation projects involving door hardware. 4. Supervision and Training 2. Required Locksmith Training The security key control officer shall train All security key control officers shall and direct employees in key control, successfully complete an approved locksmith- including electronic key pads where used. training program. The security key control officer is responsible The security key control officer shall for training an assistant security officer in complete an approved locksmith training all duties related to the position. The program. security officer must be proficient in all This training shall be supplemented with phases of security and be able to additional training in Occupational Safety demonstrate proper equipment use to other and Health Administration standards and employees. the National Fire Prevention Association’s C. Lock Shop Operation life safety codes. Manufacturer’s instructions, user manuals, product 1. Inventories orientations and demonstrations also provide The security key control officer shall useful guidance and shall be housed in a maintain inventories of all keys, locks and secure location. locking devices in the lock shop. 3. Administrative Responsibilities Lock shop inventories shall include, at a The security key control officer is responsible minimum, the following: for all administrative duties, including record a. A secure master-key cabinet containing at keeping, concerning keys, locks and related 2.7 | Key and Lock Control 124 PBNDS 2011 (As Modified by February 2013 Errata)

least one pattern key (never issued), and envelope shall be listed, by name and title, one or more spare keys. The cabinet shall on the front of the envelope. Envelopes be kept locked; except when in immediate containing safe combinations shall be stored use. The contents shall be itemized on an in the lock shop. inventory form; 4. Keying, Authorized and Non-Authorized Locks b. All key blanks, identified by model a. Either deadbolts or deadlocks shall be number and manufacturer’s name, used in detainee-accessible areas. inventoried in a bound ledger or electronic b. Locks not authorized for use in detainee- database; accessible areas include, but are not c. All unassigned padlocks; and limited to: snap-, key-in-knob, thumb- d. An inventory of assigned padlocks, with turn, push-button, rim-latch, barrel or locations identified alphabetically or slide bolt and removable-core-type locks numerically. (including padlocks). Any such locks in 2. Compromised Keys and Locks current use shall be phased out and replaced with mortise lock sets and The facility administrator or Chief of standard cylinders. Security shall establish procedures for c. Grand master-keying systems are not handling compromised keys and locks. authorized. Note: Compromised keys shall be cut into d. A master-keying system may be used only pieces until irretrievably destroyed. The in housing units where detainees have facility shall document the type of key or individual room keys. The number of doors lock, the number of keys or locks shall be kept to a minimum and the unit compromised and the date, time and method officer’s key must override all functions of of destruction. such locks. 3. Safe Combinations e. After removing the facility number and The security key control officer shall key cuts, the security key control officer implement procedures for protecting the shall cut up and dispose of worn or integrity of all safe combinations. discarded keys and locks. Note: The combination for each safe shall be f. Entrance/exit door locks of housing units, changed at least every 12 months and any work areas, chapels, gyms and other areas time a staff member with access to a with room capacity of 50 or more people combination is assigned to another post. The shall meet the standards specified in the combination to a safe shall be sealed in an Occupational Safety and Environmental envelope bearing across the flap the date and Health Manual (Chapter 3) and in the signature of the person who deposited and National Fire Protection Association Life sealed the combination inside the envelope. Safety Code (#101). Specifically, the doors Any person(s) authorized to open the 2.7 | Key and Lock Control 125 PBNDS 2011 (As Modified by February 2013 Errata)

shall be equipped with prison type locking The security key control officer, or designee, devices modified to function when shall implement a preventive maintenance pressure is applied from inside the room. program. Panic-hardware is an acceptable The security key control officer shall alternative to the prison-type-locking perform preventive maintenance services, device. including but not limited to the following: g. Individual doors to areas with room a. adjust and service all cellblock-locking capacity of 50 or more people shall have no mechanisms in the Special Management more than one lock each. Padlocks shall Unit and in housing units with secure not be used on exit doors or intermediate rooms, annually at a minimum; doors along the exit route. b. adjust and service vehicle-gates for h. Padlocks and/or chains may not be used changing (i.e., hot/cold) weather conditions on cell doors. twice a year, in the spring and early fall;

1) Padlocks and hasps may be used only c. adjust and service front-entrance and where specified below: other gate operations at least once a year;

a) fence-gates in areas without ceilings; d. lubricate all other locks quarterly, per b) freezer-door interiors whose lock ­ manufacturers’ instructions; release systems include panic-release e. perform maintenance checks on locks and device(s); and locking systems, taking corrective action c) vehicle roll-up door walk-through as necessary; and exit(s). f. once every five years, at least:

2) Entrances and exits from the secured 1) steam-clean vehicle-gates; and perimeter shall be controlled by sally ports, with all doors and gates 2) clean locking mechanisms of front- interlocking electronically. (Controls entrance gates, other gates and shall be set such that only one door can cellblock locking mechanisms using unlock at a time, canceling the steam or other means. electrical control of other doors until the The facility maintenance supervisor is unlocked door is returned to its secure responsible for door-hardware position.) installation and maintenance (e.g., 3) Under no circumstances may prison- closures, hinges, pulls, kick plates, etc.), type security keys and/or blanks— and for providing certain support active, non-active, or discarded—be services (e.g., welding, electrical-work) used or distributed for presentation to the security officer, as needed. purposes. 6. Preventive Maintenance Documentation 5. Preventive Maintenance 2.7 | Key and Lock Control 126 PBNDS 2011 (As Modified by February 2013 Errata)

The security key control officer shall a. keys in vertical rows shall be arranged in maintain all preventive maintenance alphabetical order, records. b. keys in horizontal rows shall be arranged The security key control officer’s preventive in numerical order. maintenance files shall include: c. the label identifying the letter or number a. date; of the key ring that belongs on a b. location of lock or locking mechanism; particular hook shall be visible even when the key ring is on the hook, and c. type of maintenance performed; d. any hook without an assigned key ring d. rationale for changing key combination(s); shall be tagged with a metal chit that and indicates “hook not in use.” e. signature of service provider. 3. Key Rings D. Key Cabinet The security officer shall implement 1. Location procedures for identifying every key ring and every key on each key ring, and for An operational keyboard large enough to preventing keys from being removed from accommodate all facility key rings, including key rings, once issued. keys in use, shall be located in a secure area. All key rings shall be heavy-gauge wire that This operational keyboard shall be located in has been welded or brazed to prevent the control center. An electronic key control removal of keys from the ring. box may be placed outside the control center if in a secure unit. Two metal tags of unequal size shall be attached to each key ring: 2. Basic Construction a. the larger tag shall identify the key ring The key cabinet shall be constructed so that with a number/letter corresponding to the keys are visible only when being issued. hook number/letter; and Keys may never be seen by detainees or visitors. b. the smaller tag shall identify the number of keys on the key ring. Small, closet-type space in the control center may be used instead of a cabinet, as long as: 4. Emergency Keys a. access limitations are the same as for a Emergency keys shall be on hand for every key cabinet; area to or from which entry or exit might be necessary in an emergency. b. all other key/lock standards are met; and a. Emergency keys may be kept in a separate c. the space is used solely for key control. key cabinet or in a readily identified area In the key cabinet: of the regular-issue key cabinet. A separate key cabinet located in the control 2.7 | Key and Lock Control 127 PBNDS 2011 (As Modified by February 2013 Errata)

center is recommended for the emergency personally return the temporary chits to keys. the control room officer. b. The emergency key cabinet shall contain a At shift rotation, to obtain keys from an hook for each key ring. If an emergency officer on post, the relief officer must first key ring is kept outside the main exchange his/her key chit at the control room emergency key cabinet (e.g., in a tower), a center for the key chit of the employee being metal tag providing the key ring’s location relieved. The relief officer shall take his/her shall hang on the hook intended for that key chit to the employee being relieved and key ring in the main emergency key exchange the key chit for the appropriate cabinet. ring of keys. The officer shall then count the c. The emergency keys shall be cut precisely keys on his/her ring, immediately reporting to manufacturer’s specifications. any discrepancies to the shift supervisor. If the relief officer needs to gain access to any d. Emergency keys shall not be rotated in location while heading from the control enter and out of the lock shop. to his/her post, the control room officer may E. Issue of Key Rings issue him/her a second set of keys. In such a case, the officer shall return the extra set of 1. Chit System keys to the control room officer at the end of Facilities shall use a chit system or other the relief shift. standard system for the issuance and 2. Restricted Keys accountability of key distribution. A key chit is a tag (usually metal) that identifies the The facility administrator shall establish person who has drawn a set of keys. rules and procedures for authorizing use of restricted keys. The chit shall be labeled with the officer’s first initial and last name. All key rings shall The control room officer must have be issued as needed (e.g., at the beginning of authorization from the shift supervisor to a shift, etc.) with the exchange of a chit for a issue a restricted key. key and with the chit placed on the hook a. Pharmacy from which the key was removed. Pharmacy keys shall be strictly controlled. An employee who reports to work without Ordinarily, such controls include: chits must obtain temporary chits from the 1) maintaining pharmacy keys in a control room officer, which he/she can restricted keys cabinet in the control exchange for keys according to standard room, and issuing them only to procedure. authorized pharmacy staff; and a. The control room officer shall maintain 2) maintaining a second set of pharmacy accountability for the issued chits. keys in the lock shop. b. At the end of the shift, the employee shall In the event of a non-medical emergency 2.7 | Key and Lock Control 128 PBNDS 2011 (As Modified by February 2013 Errata)

that necessitates entry into the pharmacy 4. Security Keys by anyone other than authorized Key rings used but not issued on a 24-hour pharmacy staff, the highest-ranking basis because of the attached security keys supervisor on duty may authorize shall be kept in a dedicated glass-front, immediate entry to the pharmacy. The lockable box in the control center. Identical supervisor shall then document the boxes may be kept and used in different reasons for entry and sign the departments, provided staff members are authorization. authorized to receive 24-hour keys. The key Such documentation shall not impede the to every such box shall be issued on a 24­ immediate provision of emergency medical hour basis. care to a detainee by medical staff. The staff member removing keys from the b. ICE and EOIR Offices box shall place his/her chit on the hook in Keys to ICE and the Executive Office for place of the key ring, and shall return the Immigration Review (EOIR) office and keys and reclaiming the chit at the end of the courtroom areas shall similarly be shift. The individual to whom the keys were restricted and controlled. In the event that issued shall personally return the keys to the a key is authorized for emergency box, without exception. withdrawal, a copy of the restricted key Security keys may not be taken off facility form is to be provided to ICE. property (except for bus, van and other 3. 24-Hour Issue Keys authorized-vehicle keys). As a rule, security keys shall not be issued on a 24-hour basis. No key or key ring may be issued on a 24­ hour basis without the facility 5. Key Accountability administrator’s written authorization. The facility administrator shall establish A key chit identifying the borrower of the key written policy and implementation ring shall be placed on the appropriate hook procedures to ensure key accountability. in the key cabinet, along with a metal tag The control room officer shall conduct a key marked “24-hour issue.” ring audit upon reporting for duty, Individual authorizing record forms shall be accounting for each key ring in the control used to record the following information center logbook, and shall immediately report about each set of 24-hour-issue keys: the key discrepancies in the record to the shift ring identifiers (number and title), the supervisor. number of keys on the ring, the individual The control room officer shall also identify key numbers and the door each key unlocks. broken or bent keys. All keys (regular-issue Each record must bear the signatures of the and emergency) shall be checked and authorizing facility administrator, Chief of counted daily. Security and the employee to whom the keys To ensure accountability, keys shall be are issued. 2.7 | Key and Lock Control 129 PBNDS 2011 (As Modified by February 2013 Errata)

issued only on the assigned key rings. In all facilities, gun lockers shall: 6. Request for Key Change 1. be placed in locations where officers can Key-change requests shall be submitted, in continuously observe them, in person or writing, to the facility administrator. Upon on a video-monitor, and not in any area facility administrator approval, only the that has detainee or public access; security officer may add or remove a key 2. be used to store the weapons of all on-duty from a ring. officers, except those whose assignments 7. Split Key Ring require them to carry weapons; and The splitting of key rings into separate rings 3. not be used for long-term storage. (A staff is not authorized. member may arrange with the facility firearms control officer for long-term F. Gun-Locker Keys storage of a weapon in the armory.) Officers shall store all their weapons in Chits and logbooks are useful for individual lockers before entering the maintaining accountability for gun locker facility. keys and gun locker use. The facility administrator shall develop and implement site-specific procedures for controlling gun-locker access.

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2.8 Population Counts ongoing, effective system of population counts and accountability for detainees. I. Purpose and Scope III. Standards Affected This detention standard protects the This detention standard replaces “Population community from harm and enhances facility Counts” dated 12/2/2008. security, safety and good order by requiring that each facility have an ongoing, effective IV. References system of population counts and American Correctional Association, accountability for detainees. Performance-based Standards for Adult This detention standard applies to the Local Detention Facilities, 4th Edition: 4­ following types of facilities housing ERO ALDF-2A-16, 2A-17. detainees: ICE/ERO Performance-based National x Service Processing Centers (SPCs); Detention Standards 2011: x Contract Detention Facilities (CDFs); x “2.9 Post Orders”; and and x “4.3 Medical Care.” x State or local government facilities used by ERO through Intergovernmental V. Expected Practices Service Agreements (IGSAs) to hold A. Formal Counts detainees for more than 72 hours. Formal counts are conducted in a Procedures in italics are specifically required predetermined manner at specific times of for SPCs and CDFs. IGSA facilities must the day and night. A formal count shall be conform to these procedures or adopt, adapt conducted at least once every eight hours, or establish alternatives, provided they meet with a shift supervisor verifying its accuracy. or exceed the intent represented by these Additional counts, at the discretion of the procedures. facility, are encouraged. Various terms used in this standard may be 1. The formal count(s) shall be conducted at defined in standard “7.5 Definitions.” least once every eight hours (once per shift II. Expected Outcome at minimum) at times determined by the Chief of Security. Counts shall be

x The expected outcomes of this detention scheduled to achieve full accountability standard are as follows (specific with minimal interference with daily work requirements are defined in “V. and activity schedules. Expected Practices”). 2. Count procedures must be strictly Security, safety and orderly facility followed. If the accuracy of a count is in operations shall be maintained through an doubt, the officers shall do a recount and

2.8 | Population Counts 131 PBNDS 2011 (As Modified by February 2013 Errata)

any other double-checking necessary. identification of a living body. The Officers performing the count shall never officer must not count a detainee based rely on a roll call. on a part or parts of clothing, hair, shoes, or the appearance of a human a. An unaccompanied officer shall never form. perform a count in an open area (e.g., housing units, food service area). One 3. Officers shall encourage detainee officer shall count while a second officer cooperation; however, they shall not allow observes all detainee movements, to detainees to perform the count, nor ensure that no detainee is miscounted. participate in the preparation or Upon completing the first count, the documentation of the count process. officers shall change positions and 4. There shall be no movement of detainees count again. during formal counts. All detainee b. The officers assigned the count shall movements into, out of and within the have primary responsibility for the facility must cease before the count count accuracy, and shall be familiar begins. Detainee movement shall not with possible sources of error. The resume anywhere in the facility until the officers must know the specific manner complete facility count has been cleared. of counting detainees in different types If, while conducting a count, staff observe of locations (e.g., housing units, open- an unusual incident (e.g., medical type areas, or work areas). A system for emergency, criminal act), they shall cease counting each detainee, including those the count and respond appropriately who are outside the housing unit, shall according to local procedures. Should an be developed. The officers shall emergency arise during the count that encourage detainees to accept the count necessitates the movement of detainees, a as a facility necessity. new count shall be conducted as soon as possible after the emergency subsides. c. Prior to counting a detainee present, officers must make positive 5. All detainee units/areas shall be counted identification of the living body of the simultaneously. Each detainee shall be detainee and shall ascertain non-use of counted at a specific location, and all decoys (e.g., mannequins, replicas, movement of detainees shall cease before dummies). Counting officers shall the count begins. Movement shall not remain in the count area until the resume until the total detainee population facility control center verifies and clears count is verified and cleared. The counting the count. officer from each location shall report his/her count to the facility control officer, d. When making night counts, officers who is responsible for collecting and shall use flashlights judiciously, but maintaining the count. with sufficient light to make a positive

2.8 | Population Counts 132 PBNDS 2011 (As Modified by February 2013 Errata)

a. After the count is reported, a signed 7. If all recounts fail to clear the count, the paper count slip shall be delivered to shift supervisor shall conduct a face-to­ the control center. This count slip shall photo count, matching photos on facility be used to verify the area count. identification cards with detainee faces, individual by individual. When the face-to­ b. Count slips must be prepared and photo count has been completed, the signed in indelible ink. The control control officer shall report that count to center shall not accept an improperly the shift supervisor responsible for prepared count slip or one that contains accepting and clearing the count. erasures or alterations of any kind. 8. In the event that a detainee is c. Both officers conducting the count must unaccounted for after the face-to-photo sign the count slip. count, the supervisor on duty shall d. The control officer shall take into institute the escape policy. account the current out-count in verifying the population count against B. Face-to-Photo Counts the master count. Face-to-photo counts shall be conducted as 6. As each area reports its count, the control necessary. Facilities shall conduct at least officer shall indicate that count in the one face-to-photo count daily. control log. Face-to-photo counting procedures are the a. If any area/unit reports an incorrect same as the formal count procedures, except count, all areas/units shall be required each detainee shall be matched with the to count again. If the count remains photo on his/her I-385 card or facility incorrect, the shift supervisor shall be equivalent photo-identification card. notified and additional staff shall be C. Informal/Census Counts dispatched to the count area to assist Each officer shall make irregular, but with a third count. frequent checks to verify the presence of all b. No count shall be cleared until all detainees in his/her charge. counting errors have been corrected, or These informal counts or checks occur until the cause of error has been between formal counts. For work crews, a identified and corrective action taken. count is made when the crew assembles for c. If a detainee is in the wrong count area, work, at frequent intervals during the work the detainee shall be escorted to the period and when the crew is dismissed at the correct count area. If this occurs, end of the work period. An informal count is officers in all count areas/units shall re­ reported only if a detainee appears to be count, recall the earlier counts and missing. In that case, an emergency (formal) deliver the new count slip to the control count shall be taken. officer. D. Master Count 2.8 | Population Counts 133 PBNDS 2011 (As Modified by February 2013 Errata)

The facility control center shall maintain a be updated regularly and used in any formal master count. count. The facility control officer maintains the F. Emergency Count master count record. He/she must be An emergency count shall be conducted when provided with up-to-the-minute information there is reason to believe a detainee is regarding detainee admissions, releases, missing, or after a major disturbance has housing changes, hospital admissions, occurred. outside work details and any other changes that may affect detainee accountability. An An emergency count is a formal count taken up-to-the-minute count record shall be in addition to, and at a different time, from maintained at all times in the control center. the regularly scheduled formal counts. When The master count shall take into account the a detainee is unaccounted for, or after a current out-count. major disturbance has ended, a count shall be taken to determine that no one has E. Out-Counts escaped or is in hiding. The facility control The control officer shall maintain an out- officer must always be prepared to produce count record of the number and destination an up-to-the-minute count for such use. of all detainees who temporarily leave the All detainees shall be returned to their facility. housing units during emergency counts. An This record must contain an accurate and emergency count shall be conducted in the up-to-the-minute listing of every temporary same manner as a formal count. departure and return of a detainee. It must

2.8 | Population Counts 134 PBNDS 2011 (As Modified by February 2013 Errata)

2.9 Post Orders standard are as follows (specific requirements are defined in “V. Expected I. Purpose and Scope Practices”). This detention standard protects detainees 1. Each officer shall have current written and staff and enhances facility security and post orders that specifically apply to the good order by ensuring that each officer assigned post, with step-by-step assigned to a security post knows the procedures written in sufficient detail to procedures, duties and responsibilities of guide an officer assigned to that post for that post. the first time. This detention standard applies to the 2. Signed and dated records shall be following types of facilities housing ERO maintained to show that assigned officers detainees: acknowledge that they have read and understood the post orders. x Service Processing Centers (SPCs); 3. Post orders shall be formally reviewed x Contract Detention Facilities (CDFs); annually, and updated as needed. and x State or local government facilities used III. Standards Affected by ERO through Intergovernmental This detention standard replaces “Post Service Agreements (IGSAs) to hold Orders” dated 12/2/2008. detainees for more than 72 hours. IV. References Procedures in italics are specifically required for SPCs, CDFs, and Dedicated IGSA American Correctional Association, facilities. Non-dedicated IGSA facilities Performance-based Standards for Adult must conform to these procedures or adopt, Local Detention Facilities, 4th Edition: 4­ adapt or establish alternatives, provided ALDF-2A-04. they meet or exceed the intent represented ICE Interim Use of Force Policy (2004). by these procedures. ICE Interim Firearms Policy (2004). For all types of facilities, procedures that ICE/ERO Performance-based National appear in italics with a marked (**) on the Detention Standards 2011: “2.15 Use of page indicate optimum levels of compliance Force and Restraints.” for this standard. Various terms used in this standard may be V. Expected Practices defined in standard “7.5 Definitions.” A. Post Orders Required

II. Expected Outcomes The facility administrator shall ensure that: The expected outcomes of this detention 1. there are written post orders for each

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security post; 1. be based on ICE/ERO detention standards, ICE/ERO policies and 2. copies are available to all employees; facility practices and policies; and 3. written facility policy and procedures 2. specifically state the duty hours for each exist, which: post. a. provide official on-duty time for officers The facility administrator (or designee) shall: to read the applicable post orders when assigned to a post, and 1. approve, sign and date each Post Order on the last page of each section; b. ensure that officers read those applicable post orders prior to assuming 2. initial and date all other pages and their posts.; and 3. initial and date any subsequent changes 4. as needed, post orders for non-permanent to the Post Order. assignments (e.g., details, temporary D. Format of Post Orders housing units, emergencies) are developed in advance, or as soon as possible after the The post orders for each post shall be issued need arises. in a six-part classification folder and shall be organized as follows: B. Reading and Understanding of Post Orders Section 1: Specific post orders, listing activities chronologically, with Officers and supervisors shall use the post responsibilities clearly defined; orders to familiarize themselves with the Section 2: Special instructions, if any, duties for which they are responsible and to relating to the specific post; remain situationally aware of changes that occur in the operation and duties of that Section 3: General post orders applicable to post. Even in the event that an officer has all posts; worked a post in the past, he/she shall Section 4: Memoranda changing or updating assume the post orders have changed, and the post orders; shall be required to read and comprehend all Post Order documents upon assuming their Section 5: ICE/ERO detention standards and posts. policies and facility practices relevant to the post; and Supervisors shall ensure that officers understand the post orders, regardless of Section 6: Review and signature form, dated whether the assignment is temporary, and with the officer’s name printed and permanent, or due to an emergency. signed. C. Preparation of Post Orders E. Housing Unit Post Orders

The chief security officer shall supervise the In addition to the above requirements for all preparation of all post orders, which shall: post orders, housing unit post orders shall

2.9 | Post Orders 136 PBNDS 2011 (As Modified by February 2013 Errata)

follow the event schedule format (e.g., consistent with standard “2.15 Use of Force “0515—Lights on”) and shall direct the and Restraints” and the ICE/ERO Interim assigned officer to maintain a unit log of Use of Force Policy. pertinent information regarding detainee G. Maintenance of Post Orders activity. Post Orders shall be kept current at all The shift supervisor shall visit each housing times. Post orders shall be formally reviewed area and initial the log on each shift. annually, at a minimum, and updated as F. Armed and Perimeter-Access Post needed. Should staff members become aware Assignments that any part of a folder containing post orders is out of date, or in need of repair or In addition to the above requirements for all replacement, they shall immediately notify post orders, post orders for armed and the shift supervisor. perimeter-access posts assignment shall describe and explain: 1. Post Orders and logbooks are confidential and must be kept secure (under lock and 1. the proper care and safe handling of key) at all times, and shall never be left in firearms; and an area accessible to detainees. 2. circumstances and conditions under which 2. The Chief of Security shall determine use of firearms is authorized. whether post orders require updates Any officer assigned to an armed post must during any period between annual be qualified to use the firearms assigned to reviews. Any time the Chief of Security that post. With the exception of emergencies, determines a page is too difficult to read, armed employees shall be assigned only to it shall be removed and replaced by a transportation details, mobile patrols, or clean copy. other posts inaccessible to detainees. 3. Two weeks before the annual review, Post Orders for armed posts, and for posts supervisory staff shall solicit written that control access to the institution suggestions for changes or additions to perimeter, shall clearly state that: post orders from ICE/ERO staff, contract 1. any staff member who is taken hostage is staff and other affected staff. considered to be under duress; and The security supervisor or equivalent shall 2. any order issued by such a person, regard­ review and comment on all suggested less of his/her position of authority, is to changes prior to submitting them to the be disregarded. Chief of Security for review and possible inclusion in post orders. All submissions Specific instructions for escape attempts shall be retained in a historical file for two shall be included in the post orders for armed years. posts. The Chief of Security shall forward the The post orders shall be based on and 2.9 | Post Orders 137 PBNDS 2011 (As Modified by February 2013 Errata)

updated post orders to the facility maintained in the office of the Chief of administrator for approval. Security, and shall be made available to all staff. Copies of the applicable post 4. Emergency changes may be made by orders may be retained at the post, only if memorandum, and immediately placed in secure from detainee access. the post orders with an immediate notification made to the union, when 6. The Chief of Security shall ensure that all required. During each review, post orders post orders are transcribed on a computer must be revised to incorporate or delete and that all back-up disks are properly emergency changes, at which time any accounted for and maintained in a secure emergency memoranda are to be removed. location. 5. A post orders master file shall be

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2.10 Searches of 2. Contraband shall be controlled. 3. Cross-gender pat-down searches of Detainees detainees shall not be conducted unless I. Purpose and Scope staff of the same gender is not available at the time the pat-down search is required, This detention standard protects detainees or in other exigent circumstances. Staff of and staff and enhances facility security and the same gender as the detainee should good order by detecting, controlling and perform the strip search of the detainee. properly disposing of contraband. Searches of the detainee’s property, This detention standard applies to the housing unit or other areas can be made following types of facilities housing ERO by staff of either gender. detainees: 4. Searches of detainees, housing and work x Service Processing Centers (SPCs); areas shall be conducted without unnecessary force and in ways that x Contract Detention Facilities (CDFs); preserve the dignity of detainees. and 5. When body searches are conducted, the x State or local government facilities used least intrusive practicable search method by ERO through Intergovernmental shall be employed, as indicated by the Service Agreements (IGSAs) to hold type of contraband and the method of detainees for more than 72 hours. suspected introduction or concealment. Procedures in italics are specifically required 6. Pat searches of detainees and metal for SPCs, CDFs, and Dedicated IGSA detector screening shall be conducted facilities. Non-dedicated IGSA facilities routinely to control contraband. must conform to these procedures or adopt, adapt or establish alternatives, provided 7. A strip search shall be conducted only they meet or exceed the intent represented when properly authorized by a supervisor by these procedures. and only in the event that there is reasonable suspicion that contraband may Various terms used in this standard may be be concealed on the person, or when an defined in standard “7.5 Definitions.” officer has reasonable suspicion that a II. Expected Outcomes good opportunity for concealment has occurred or as may be outlined in facility The expected outcomes of this detention procedures for post contact visits as standard are as follows (specific indicated in standard “5.7 Visitation.” requirements are defined in “V. Expected

Practices”). 8. A body cavity search shall be conducted by designated health personnel only when 1. Detainees shall live and work in a safe authorized by the facility administrator on and orderly environment. the basis of reasonable suspicion that 2.10 | Searches of Detainees 139 PBNDS 2011 (As Modified by February 2013 Errata)

contraband may be concealed in or on the of Detainees” dated 12/2/2008. detainee’s person. IV. References 9. “Dry cells” shall be used for contraband detection, with proper authorization and in American Correctional Association, accordance with required procedures, only Performance-based Standards for Adult when there is reasonable suspicion of Local Detention Facilities, 4th Edition: 4­ concealment. ALDF-2C-01, 2C-02, 2C-03, 2C-04, 2C-05, 2C-06, 2A-20, 6C-19. 10. Contraband that may be evidence in connection with a violation of a criminal Notice Admission and Release—National statute shall be preserved, inventoried, detention standard Strip Search Policy controlled and stored so as to maintain (10/15/2007). and document the chain of custody. This detention standard incorporates the 11. Canine units (in facilities that have them) restrictions on the use of canines originally may be used for contraband detection communicated via a memorandum on ICE when detainees are not present, but use of canines in support of ICE detention canine use for force, intimidation, control, operations dated 11/18/2004 from the Acting or searches of detainees is prohibited. Director of Enforcement and Removal Operations. 12. The applicable content and procedures in this standard shall be communicated to ICE/ERO Performance-based National the detainee in a language or manner the Detention Standards 2011: detainee can understand. x “2.1 Admission and Release”; All written materials provided to x “2.3 Contraband”; detainees shall generally be translated x “2.6 Hold Rooms in Detention into Spanish. Where practicable, Facilities”; provisions for written translation shall be made for other significant segments of the x “2.12 Special Management Units”; and population with limited English x “5.7 Visitation.” proficiency. V. Expected Practices Oral interpretation or assistance shall be provided to any detainee who speaks A. Written Policy and Procedures another language in which written Required material has not been translated or who All facilities shall have written policy and is illiterate. procedures consistent with this standard for III. Standards Affected the following: This detention standard replaces “Searches 1. searches of detainee housing and work areas; 2.10 | Searches of Detainees 140 PBNDS 2011 (As Modified by February 2013 Errata)

2. body searches, including pat searches approval from, the detainee and in the (“pat downs”), strip searches, body cavity detainee’s absence. searches and x-rays; Each facility shall establish procedures to 3. close observation in “dry cells” to detect ensure all housing units and work areas are contraband; searched routinely, but irregularly, as such 4. employing the least intrusive method of inspections are primarily intended to: search practicable, as indicated by the 1. detect and deter the introduction of type of suspected contraband and the contraband; method of suspected introduction or 2. prevent escapes; concealment; 3. maintain sanitary standards; and 5. avoiding unnecessary force during searches and preserving the dignity of the 4. eliminate fire and safety hazards. detainee being searched; Staff shall maintain written documentation 6. leaving a searched housing or work area of each housing-unit search within the and detainee’s property in its original individual housing unit. Work areas shall be order, to the extent practicable; searched each workday by shop supervisors, and these inspections shall be supplemented 7. handling of contraband; with periodic searches by designated search 8. use of canine units (in facilities that have teams. When property is taken during a them); housing search, a receipt shall be given to 9. preservation of evidence; and the detainee. The Chief of Security shall maintain documentation of search-team 10. administration of medical treatment inspections. during “lock-downs.” Facilities shall have written procedures to B. Staff Training provide for basic detention services (e.g., All staff who conduct searches of housing, delivery of food services, toilet access, work areas or of a detainee’s body shall medication delivery) during lockdowns. receive initial training regarding search D. Body Searches of Detainees procedures prior to entering on duty, and 1. Pat Search shall receive annual training in authorized and effective techniques thereafter. a. Description C. Search of Detainee Housing and Work A pat search (or “pat down”) is a physical inspection of a detainee in which the Areas officer or inspector uses his/her sense of Staff may search a detainee’s housing and touch when patting or running the hands work area, and personal items contained over the detainee’s clothed body. within those areas, without notice to, or A pat search does not require the detainee

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to remove clothing, although the skin surfaces of the body, including inspection includes a search of the breasts and exterior anal and genital detainee’s clothing and personal effects. areas, as well as inside of the nose, ears A hand-held and/or stationary metal and mouth. If items are discovered that detector, when available, may be used in protrude from a body cavity, the removal conjunction with a pat search. of those items is governed by the procedures applicable to body-cavity Staff shall conduct a pat search of a searches, addressed below. detainee on a routine or random basis to control contraband without a threshold Except in cases where strip searches are level of suspicion. performed in accordance with a facility’s post contact visitation procedure, b. Gender of Officer whenever a strip search is conducted, the Cross-gender pat-down searches of articulable facts supporting the conclusion detainees shall not be conducted unless that reasonable suspicion exists shall be staff of the same gender is not available at documented on Form G-1025 (Record of the time the pat-down search is required, or Search) or the equivalent. in other exigent circumstances. Unless there is specific and articulable 2. Strip search suspicion that contraband has been a. Description transferred to a detainee, detainees shall A strip search is a visual inspection of all not be subjected to a strip search after a body surfaces and body cavities. Staff visit by a consular representative, an shall not routinely require a detainee to attorney, a legal assistant working under remove clothing or require a detainee to the supervision of an attorney, or an expose private parts of his/her body to accredited representative. Policy search for contraband. To the extent regarding post contact visitation searches reasonably possible, the inspector shall can be found in “V. Expected Practices” of refrain from touching the skin surface of standard “5.7 Visitation.” the detainee; however, the inspector may b. Reasonable Suspicion request that the detainee move parts of Officers must obtain supervisory approval the body to permit visual inspection. A before conducting strip searches. Staff may strip search is considered more intrusive conduct a strip search where there is than a pat search, and shall be conducted reasonable suspicion that contraband may in a manner designed to ensure as much be concealed on the person. “Reasonable privacy to the detainee as practicable suspicion” means suspicion based on A strip search requires the removal or specific and articulable facts that would rearrangement of some or all of the lead a reasonable officer to believe that a detainee’s clothing to examine the clothing specific detainee is in possession of and/or to permit the inspection of exterior contraband. It is a more permissive (lower) 2.10 | Searches of Detainees 142 PBNDS 2011 (As Modified by February 2013 Errata)

standard than probable cause, but it is databases or from other reliable sources more than a mere hunch. It must be based suggesting that the detainee has on specific and articulable facts—along affiliations with terrorist organizations, with reasonable inferences that may be criminal gangs, or organized crime; or drawn from those facts—that the officer 7) the detainee’s history during shall document in Form G-1025 or confinement, particularly of violence, or

equivalent. of possession of contraband. Reasonable suspicion is determined under The lack of identity documents alone does the totality of the circumstances. There is not ordinarily constitute reasonable no simple, exact, or mathematical formula suspicion. for reasonable suspicion. It may be based on one, or a combination, of the following Before strip-searching a detainee to search factors: for contraband, an officer shall first attempt to resolve his/her suspicions

1) observation of unusual, surreptitious, through less intrusive means, such as a or suspicious appearance or behavior; thorough examination of reasonably 2) evasive or inconsistent responses to available ICE, CBP and other law questions by law enforcement officers; enforcement records; a pat-down search; a detainee interview; or (where available) 3) discovery of a weapon or other the use of a magnetometer or Boss chair. contraband during a pat search, metal The officer shall document the results of detector scan, or other non-intrusive those other, less intrusive, search methods search; on Form G-1025 or equivalent. 4) the detainee’s criminal history, In accordance with standard “5.7 particularly prior felony or Visitation,” facilities may not adopt misdemeanor for convictions of crimes policies permitting strip searches after involving violence, weapons, contact visits in the absence of reasonable contraband, or illegal substances suspicion unless detainees are provided (convictions for minor or non-violent the right to choose non-contact visitation offenses shall not be the only basis for instead of contact visitation and are fully reasonable suspicion); informed of such right. Consistent with 5) whether the detainee was detained standard “5.7 Visitation,” any such concurrently with an arrest for a crime policies must be communicated to of violence; or whether the detainee was detainees in a language or manner that arrested in possession of a weapon, or they understand. in possession of contraband such as c. Gender of Officer illegal drugs; An officer of the same gender as the 6) information from law enforcement detainee shall perform the search. Special

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care should be taken to ensure that authorized to facilitate arrangement for transgender detainees are searched in these services off-site. private. a. A body-cavity search may only be In the case of an emergency, a staff conducted by authorized medical member of the same gender as the personnel, upon approval of the facility detainee shall be present to observe a administrator or acting facility strip search performed by an officer of the administrator, and only if that person has opposite gender. reasonable suspicion that contraband may When an officer of the opposite gender be concealed in or on the detainee’s conducts a strip search which is observed person. by a staff member of the same gender as b. The articulable facts supporting the the detainee, staff shall document the conclusion that reasonable suspicion reasons for the opposite-gender search in exists shall be documented. any logs used to record searches and in c. A body-cavity search may be advisable to the detainee’s detention file. protect the health and safety of a detainee. 3. Body-cavity Searches d. Only designated qualified health A body-cavity search is an inspection for personnel (for example, physicians, contraband or any other foreign item, in a physician assistants and nurses) may body cavity of a detainee, by use of fingers or conduct a digital or simple instrument simple instruments, such as an otoscope, search in a licensed medical setting. tongue blade, short nasal speculum and e. The detainee’s health and welfare shall be simple forceps. A body-cavity search is considered prior to performance of any considered the most intrusive type of search. digital or simple instrument search. A body cavity search must be performed by a f. Although a detainee’s written consent medical professional and take place in an should be obtained prior to conducting a area that affords privacy from other digital or simple instrument search, such detainees and from facility staff who are not written consent is not required. involved in the search. g. Whenever possible, transgender detainees Before proceeding in cases of drawing blood shall be permitted to choose the gender of for toxicology studies and DNA testing, the staff member conducting a body-cavity written, informed consent must be granted search. by the detainee and recorded in the detainee’s medical records before the blood h. Staff, other than the designated qualified sample is drawn (see also standard “4.3 health personnel, of the opposite gender Medical Care”). Requests for forensic studies from the detainee may not observe the shall be referred to the medical facility digital or simple instrument search. health services administrator (HSA) who is

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i. If located, the contraband or foreign item It is recommended that one or more rooms or may be removed immediately by medical cells be identified as dry cells; such rooms staff, if such removal can easily be effected must meet the following requirements: by use of fingers or simple medical a. The room shall be free of hiding places instruments. and be equipped with only a bed. j. IHSC staff is not authorized to collect or b. Doors shall have proper observation participate in the collection of specimens panels to protect staff and to allow or other information that shall be used for unobstructed observation. forensic purposes, except for toxicology studies, rape kits and DNA testing. c. Windows in the dry cell shall have a security screen to prevent loss of Staff shall document all digital and simple contraband. instrument searches, the authorizations and the reasons for the searches in any logs used d. If the designated area is equipped with a to record searches and in the detainee’s toilet and/or sink, the water to the cell detention file. shall be shut off for the duration of the dry cell process and the toilet and sink E. Close Observation in a “Dry Cell” removed prior to the detainee being 1. Description and Authorization allowed into the room. When an officer has reasonable suspicion to e. Prior to a detainee’s placement in dry cell believe that a detainee may have ingested status, the room to be used shall be contraband or concealed contraband in a completely searched and determined to be body cavity, and the methods of search free of contraband. Potential hiding specified above are inappropriate or likely to places, if any, for contraband shall be result in physical injury to the detainee, the noted facility administrator or designee may 3. Advising the Detainee authorize that the detainee be placed in a The supervisor responsible for initiating the room or cell to be closely observed by staff close observation watch shall advise the until the detainee has voided or passed the detainee of the conditions and what is contraband or until sufficient time has expected, and shall document the notification elapsed to preclude the possibility that the on an Administrative Segregation Order. detainee is concealing contraband. The detainee shall be advised of the reasons Such placement is commonly referred to as he/she is being placed in a dry cell, the “dry cell” status, which may be approved: purpose of this placement, the conditions a. during regular duty hours by the facility he/she can expect and the means by which administrator or designee, or he/she can request items and services including, but not limited to, food and water, b. at other times by the shift supervisor. medical care, hygiene products and bedpans. 2. Requirements for “Dry Cells” 2.10 | Searches of Detainees 145 PBNDS 2011 (As Modified by February 2013 Errata)

4. Conditions of “Dry Cell” Status j. The detainee shall not be permitted to a. For the detainee’s safety, he/she shall be leave the cell or room, except in case of required to provide a urine sample within extreme emergency. two hours of placement under close k. The detainee shall be served the same observation. A second urine sample shall meals as the general population, unless be required prior to releasing the detainee medically advised. All meals are to be from close observation. inspected for contraband prior to delivery b. The light shall be kept on at all times. to the detainee, and any food remaining after the meal, as well as the utensils and c. The detainee shall have regular access to tray, are to be thoroughly inspected before potable water. their return to food service. d. The detainee shall be provided telephone l. Only medications prescribed and access. administered directly to the detainee by e. The detainee may not be allowed to come medical personnel may be given the in contact with another detainee. detainee. No laxatives may be given, f. Ordinarily, the detainee may not be except natural ones (e.g., coffee, prune allowed personal property, except legal juice). and personal mail and a reasonable m. When the detainee needs to urinate and/or amount of legal materials. defecate, he/she shall be furnished an g. Personal hygiene items shall be controlled empty hospital bedpan, which shall by staff. When the detainee requests to afterward be closely inspected to ascertain shave, brush teeth, or perform other whether any contraband is present. toiletry tasks, a wash pan and container of n. Since the detainee is in administrative water shall be provided for use in the cell. segregation status even if not actually h. When the detainee is lying on a bed, the housed in the Special Management Unit detainee shall be required to lie on top of (SMU), the requirements for medical and the mattress in full view, weather and supervisory and staff visits in standard room temperature permitting. When “2.12 Special Management Units” apply. necessary for the detainee to use cover, o. Dry cells must be cleaned in accordance hands must remain visible at all times so with standard “1.2 Environmental Health that staff can observe any attempt to move and Safety.” contraband. 5. Post Orders i. Because a detainee might attempt to The Chief of Security shall have post orders remove and/or insert contraband from or for closely observing a detainee in dry cell into a body cavity, staff must observe the status. A video camera shall be used detainee’s hands at all times. whenever possible and as appropriate.

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6. Requirements for Close Observation unattended. The detainee shall be constantly observed f. Trash may not be allowed to accumulate, and supervised by a staff member of the and each item shall be thoroughly same gender. searched before final disposal. It is the observer’s responsibility to ensure g. Periodic searches shall be conducted as the detainee does not dispose of any follows: concealed item, and to prevent activity which 1) a strip search of the detainee when would allow the detainee access to it, thereby he/she is placed in the dry cell after jeopardizing the security and good order of which the detainee shall be issued a the facility, staff and detainees. Any jump suit (or other suitable loose-fitting questions, emergency, or other situation that clothing); arises shall immediately be brought to the attention of the shift supervisor. 2) a strip search of the detainee at least once each shift, if necessary; and Under no circumstances shall the detainee be allowed freedom to move around 3) a search of the dry cell at least once unsupervised, or be given an opportunity to each shift. dispose of any objects he/she may be Searches shall be conducted so as not to concealing. reveal to the detainee a predictable a. The observing staff member shall be pattern. Prior to each search, the shift issued a portable radio or telephone and supervisor must be notified and a second flashlight, so that he/she does not have to staff member provided to ensure continual interrupt constant observation to close observation and supervision of the communicate with other staff (such as for detainee. Each search must be watch calls). documented on Form G-1025 or equivalent. b. Detainees shall be monitored by medical staff for changes in medical and mental h. Staff shall notify the shift supervisor health status. when contraband is found, secure the contraband in a properly documented c. A daily log and SMU record shall be evidence bag, and maintain the chain of maintained on each detainee in dry cell evidence. status. 7. Length of Observation d. The shift supervisor shall ensure observers have reviewed the post orders. The length of close-observation status must be determined on an individual basis. e. The shift supervisor shall provide periodic Ordinarily, the Chief of Security during staff relief to the observer and at any regular work hours or the shift supervisor, at other time the observer must leave the other times, in consultation with qualified area. The detainee must not be left health personnel, shall determine when 2.10 | Searches of Detainees 147 PBNDS 2011 (As Modified by February 2013 Errata)

termination is appropriate. the facility; a. Three Days b. No reasonable alternative exists; and The status of a detainee under close c. The examination is not likely to result in observation for as long as three days must serious or lasting medical injury or harm be reviewed by medical staff and the to the detainee, based on the administrative segregation review official determination of qualified medical staff. in accordance with standard “2.12 Special Management Units” (irrespective of Staff shall place documentation of the whether the observation actually occurs in examination, the authorizations and the the SMU). reasons for the examination in the detainee’s detention file and medical file. b. Seven Days Since it is unlikely that the objective of An x-ray examination may not be performed dry cell status will not be achieved within on a detainee without the detainee’s consent. seven days, maintaining a detainee under Staff shall solicit the detainee’s consent and close observation beyond seven days cooperation prior to the x-ray examination. requires prior approval of the facility Force may not be used to gain consent and administrator and medical staff. cooperation. If the detainee does not provide consent and fails to cooperate, x-ray F. X-Ray examination should not be performed 1. Medical 3. Objects The facility physician may authorize use of The facility administrator may direct x-rays an x-ray for medical reasons and only with of inanimate objects where the detainee is the consent of the detainee. not exposed. 2. Security G. Major Instrument, Fluoroscope, or Only the facility administrator, upon Surgical Intrusion approval by the respective Field Office Only a physician may authorize use of a Director (or persons officially acting in that fluoroscope, major instrument (including capacity) may authorize the facility physician anoscope or vaginal speculum), or surgical to order a non-repetitive x-ray examination intrusion for medical reasons only and only for the purpose of determining whether with the detainee’s consent. contraband is concealed in or on the detainee (for example: in a cast or body cavity). H. Preservation of Evidence Such approval and authorization shall be Contraband that may be evidence in based on the facility administrator and connection with a violation of a criminal physician’s determination that: statute shall be preserved, inventoried, a. An x-ray examination is necessary for the controlled and stored so as to maintain and security, safety, good order, or discipline of document the chain of custody, and shall be 2.10 | Searches of Detainees 148 PBNDS 2011 (As Modified by February 2013 Errata)

reported to the appropriate law enforcement prosecution. authority for action and possible seizure and

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2.11 Sexual Abuse and Expected Practices.” The expected outcomes of this detention standard are as follows: Assault Prevention 1. the facility shall articulate and adhere to a and Intervention standard of zero tolerance for incidents of sexual abuse or assault that may occur in I. Purpose and Scope the facility. Sexual assault or abuse of This detention standard requires that detainees by other detainees, staff, facilities that house ICE/ERO detainees act volunteers, or contract personnel is affirmatively to prevent sexual abuse and prohibited and subject to administrative, assaults on detainees; provide prompt and disciplinary and criminal sanctions. effective intervention and treatment for 2. detainees and staff shall be informed victims of sexual abuse and assault; and about the facility’s Sexual Abuse and control, discipline and prosecute the Assault Prevention and Intervention perpetrators of sexual abuse and assault. Program and the zero tolerance policy. This detention standard applies to the 3. staff shall receive training on working following types of facilities housing ERO with vulnerable populations and detainees: addressing their potential vulnerability in x Service Processing Centers (SPCs); the general population, and shall assign housing accordingly. x Contract Detention Facilities (CDFs); and 4. detainees shall be screened by staff to identify those likely to be sexual x State or local government facilities used aggressors or sexual victims and these by ERO through Intergovernmental detainees shall be housed to prevent Service Agreements (IGSAs) to hold sexual abuse or assault. Detainees who detainees for more than 72 hours. are considered likely to become victims Procedures in italics are specifically required shall be placed in the least restrictive for SPCs, CDFs, and Dedicated IGSA housing that is available and appropriate. facilities. Non-dedicated IGSA facilities 5. any allegation of sexual abuse or assault must conform to these procedures or adopt, shall be immediately and effectively adapt or establish alternatives, provided reported to ICE/ERO. In turn, ICE/ERO they meet or exceed the intent represented will report the allegation as a significant by these procedures. incident, and refer the allegation for Various terms used in this standard may be investigation. defined in standard “7.5 Definitions.” 6. staff receiving reports of sexual abuse II. Expected Outcomes shall limit the disclosure of information to individuals with a need-to-know in order Specific requirements are defined in “V. to make decisions concerning the detainee­

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victim’s welfare, and for law program, incidents of sexual abuse or enforcement/investigative purposes. assault shall be specifically documented and tracked. ICE/ERO shall be notified 7. staff suspected of perpetrating sexual promptly of any report of sexual abuse or abuse or assault shall be removed from all assault; duties requiring detainee contact pending the outcome of the investigation. 14. the DHS Office of the Inspector General (OIG) hotline poster and all of “Appendix 8. detainees shall be encouraged to promptly 2.11.C: Sexual Assault Awareness” shall report acts of harassment of a sexual be posted in every housing pod with nature, abuse or signs of abuse observed, information that assists detainees in and shall not be punished for reporting. reporting abuses; 9. if sexual abuse or assault of any detainee 15. facility policies and procedures will occurs, the medical, psychological, safety include a requirement that staff of the and legal needs of the detainee shall be opposite gender will announce their promptly and effectively addressed. presence upon entering detainee living 10. as appropriate to the event, the detainee areas; and victimized by an act of sexual abuse, 16. the applicable content and procedures in assault or any mistreatment while being this standard shall be communicated to detained in the facility shall be referred, the detainee in a language or manner the under appropriate security provisions, to detainee can understand. the health care unit for treatment. Gathering of clinical forensic evidence All written materials provided to shall be conducted by external detainees shall generally be translated independent and qualified health care into Spanish. Where practicable, personnel. provisions for written translation shall be made for other significant segments of the 11. assailants will be disciplined and may be population with limited English subject to criminal prosecution. proficiency. 12. documentation of medical and mental Oral interpretation or assistance shall be health evaluations and treatment, crisis provided to any detainee who speaks intervention counseling and another language in which written recommendations for post-release follow- material has not been translated or who up treatment and/or counseling shall be is illiterate. retained in the detainee’s medical file in accordance with an established schedule; III. Standards Affected 13. for monitoring, evaluating and assessing This detention standard incorporates the the effectiveness of the sexual abuse or requirements for posting and distributing assault prevention and intervention information to ICE/ERO detainees in a

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memorandum entitled “Sexual Assault Each facility administrator shall have Awareness Information” from the ICE/ERO written policy and procedures for a Sexual Acting Director (10/26/2006). The Abuse or Assault Prevention and information for poster formats is to be Intervention Program that includes, at a provided to detention facilities by ICE/ERO; minimum: the information for pamphlet formats is 1. a zero-tolerance policy for all forms of contained in “Appendix 2.11.C: Sexual sexual abuse or assault; Assault Awareness” of this standard. 2. measures taken to prevent sexual abuse IV. References and/or sexual assault; American Correctional Association, 3. the requirement that any allegation to Performance-based Standards for Adult staff of sexual assault or attempted sexual Local Detention Facilities, 4th Edition: 4­ assault be reported immediately to a ALDF-4D-22, 4D-22-1, 4D-22-2, 4D-22-3, 4D­ supervisor and to ERO. 22-4. 4D-22-5, 4D-22-6, 4D-22-7, 4D-22-8, 4. measures taken for prompt and effective 2A-29. intervention to address the safety and National Commission on Correctional Health treatment needs of detainee victims if an Care, Standards for Health Services in Jails, assault occurs; 2008: J-B-04, J-B-05, J-1-03. 5. data collection and reporting; and ICE/ERO Performance-based National 6. the requirements for coordination with the Detention Standards 2011: ICE Office of Professional Responsibility “2.1 Admission and Release”; (OPR) for investigation or referral of incidents of sexual assault to another “2.2 Custody Classification System”; investigative agency, and discipline and “3.1 Disciplinary System”; prosecution of assailants (see “Appendix “4.3 Medical Care,” particularly in regard to 2.11.C: Sexual Assault Awareness” in this confidentiality of records, medical and standard). mental health screening and referrals and Each facility must have a policy and access to emergency care and crisis procedure for required reporting through the intervention; and facility’s chain-of-command procedure, from “7.1 Detention Files,” particularly in regard the reporting official to the highest facility to confidentiality of records and electronic official as well as the Field Office Director. records systems. Each facility administrator shall consider utilizing available community resources and V. Expected Practices services to provide valuable expertise and A. Written Policy and Procedures support in the areas of crisis intervention, Required counseling, investigation and the prosecution

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of sexual abuse and/or assault perpetrators to who alleges that he/she has been sexually most appropriately address victims’ needs. assaulted; The facility administrator shall maintain or 2. specifies procedures for detainees to report attempt to enter into memoranda of allegations that allow for any staff to take understanding (MOU) or other agreements a report; with community service providers or, if local providers are not available, with national 3. specifies procedures for reporting an organizations that provide legal advocacy and allegation or suspicion of sexual assault confidential emotional support services for through the facility’s chain of command, immigrant victims of crime. including written documentation requirements to ensure that each “Appendix 2.11.B: Sample Sexual Abuse allegation or suspicion is properly

Prevention and Intervention Protocols” in reported and addressed; this standard offers sample protocols as guidelines for the development of written 4. specifies medical staff’s responsibility to policies and procedures. report allegations or suspicions of sexual assault to appropriate facility staff; The facility administrator shall ensure that, within 90 days of the effective date of this 5. specifies the evidence protocol to be used, detention standard, written policy and including access to a forensic medical procedures are in place and that the facility exam; is in full compliance with its requirements 6. specifies local response procedures and guidelines. The facility must meet all (including referral procedures to other requirements in this standard on the appropriate law enforcement agencies) effective date of the standard. when a sexual assault is alleged or Each facility’s policy and procedures shall suspected; reflect the unique characteristics of each 7. specifies procedures for coordination of facility, based on factors such as the internal administrative investigations availability of specialized community-based with the assigned criminal investigative services, including rape crisis/trauma units entity to ensure non-interference with in local medical centers, clinics and criminal investigations; hospitals. 8. establishes procedures to include outside The facility administrator shall review and agencies in sexual abuse or assault approve the local policy and procedures and prevention and intervention programs, if shall ensure that the facility: such resources are available; 1. specifies procedures for offering 9. designates specific staff (e.g., psychologist, immediate protection, including deputy facility administrator, appropriate prevention of retaliation and medical and medical staff) to be responsible for staff mental health referrals, to any detainee training activities; designates the senior

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manager responsible for ensuring that 2. assist with the development of initial and staff are appropriately trained, and ongoing training protocols; respond in a coordinated and appropriate 3. serve as a liaison with other agencies; fashion, when a detainee reports an incident of sexual abuse or assault; 4. coordinate the gathering of statistics and reports on incidents of sexual abuse or 10. specifies how a confirmed or alleged assault, as detailed in “L. Tracking victim’s future safety, medical, mental Incidents of Sexual Abuse and/or Assault” health and legal needs shall be in this standard; addressed; 5. review the results of every investigation of 11. specifies how medical staff shall be sexual abuse and conduct an annual trained or certified in procedures for review of all investigations in compliance examining and treating victims of sexual with the Privacy Act to assess and assault, in facilities where medical staff improve prevention and response efforts; shall be assigned these activities; and 12. specifies disciplinary sanctions for staff, 6. review facility practices to ensure required up to and including termination when levels of confidentiality are maintained. staff has violated agency sexual abuse policies; and C. Acts of Sexual Abuse and/or Assault 13. designates a specific staff member to be For the purposes of this standard, the responsible for detainee education following definitions apply: regarding issues pertaining to sexual 1. Detainee-on-detainee Sexual Abuse and/or assault; Assault 14. provides instructions on how to contact One or more detainees, by force, coercion, or DHS/OIG or ICE/OPR to confidentially intimidation, engaging in or attempting to report sexual abuse or assault. engage in: B. Program Coordinator a. contact between the penis and the vagina or anus and, for purposes of this The facility administrator shall designate a subparagraph, contact involving the penis Sexual Abuse and Assault Prevention and upon penetration, however slight; Intervention Program coordinator to: b. contact between the mouth and the penis, 1. assist with the development of written vagina or anus; policies and procedures for the Sexual Abuse and Assault Prevention and c. penetration, however slight, of the anal or Intervention Program, as specified above genital opening of another person by a in this standard (the program coordinator hand or finger or by any object; shall also be responsible for keeping them d. touching of the genitalia, anus, groin, current);

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breast, inner thighs or buttocks, either or buttocks, either directly or through the directly or through the clothing, with an clothing; intent to abuse, humiliate, harass, e. threats, intimidation, harassment, degrade or arouse or gratify the sexual indecent, profane or abusive language, or desire of any person; or other actions (including unnecessary e. threats, intimidation, or other actions or visual surveillance) or communications communications by one or more detainees aimed at coercing or pressuring a detainee aimed at coercing or pressuring another to engage in a sexual act; or detainee to engage in a sexual act. f. repeated verbal statements or comments Specifically, detainees may be charged with of a sexual nature to a detainee, including prohibited acts detailed in standard “3.1 demeaning references to gender, Disciplinary System”: derogatory comments about body or a. Code 101 Sexual Assault; clothing, or profane or obscene language or gestures. b. Code 206 Engaging in a Sex Act; D. Sexual Conduct between Detainees c. Code 207 Making a Sexual Proposal; Prohibited d. Code 300 Indecent Exposure; or In addition to the forms of sexual abuse e. Code 404 Using Abusive or Obscene and/or assault defined above, all sexual Language. conduct – including consensual sexual 2. Staff-on-detainee Sexual Abuse and/or Assault conduct – between detainees is prohibited and subject to administrative and One or more staff member(s), volunteer(s), or disciplinary sanctions. (It should be noted contract personnel engaging in or attempting that consensual sexual conduct between to engage in: detainees and staff, volunteers, or contract a. contact between the penis and the vagina personnel is included within the definition of or anus and, for purposes of this staff-on-detainee sexual abuse and/or assault subparagraph, contact involving the penis above.) upon penetration, however slight; E. Staff Training b. contact between the mouth and the penis, Training on the facility’s Sexual Abuse or vagina or anus; Assault Prevention and Intervention c. penetration, however slight, of the anal or Program shall be included in training for genital opening of another person by a employees, volunteers and contract hand or finger or by any object; personnel and shall also be included in d. except in the context of proper searches annual refresher training thereafter. The and medical examinations, touching of the level and type of training for volunteers and genitalia, anus, groin, breast, inner thighs contractors will be based on the services they

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provide and their level of contact with suspicion of sexual abuse and/or assault detainees; however, all volunteers and and making intervention referrals to the contractors who have any contact with facility’s program; and detainees must be notified of the facility’s 10. instruction on documentation and zero-tolerance policy. The facility must referral procedures of all allegations or maintain written documentation verifying suspicion of sexual abuse and/or assault. employee, volunteer and contractor training. “Appendix 2.11.A: Resources” in this Training shall include: standard lists resources available from the 1. definitions and examples of prohibited and National Institute of Corrections and other illegal behavior; organizations that may be useful in developing a training program and/or for 2. agency prohibitions on retaliation against direct use in training. detainees and staff who report sexual abuse; F. Detainee Notification, Orientation and 3. instruction that sexual abuse and/or Instruction assault is never an acceptable The facility administrator shall ensure that consequence of detention; the orientation program, required by 4. recognition of situations where sexual standard “2.1 Admission and Release,” and abuse and/or assault may occur; the detainee handbook required by standard “6.1 Detainee Handbook,” notify and inform 5. recognition of the physical, behavioral and detainees about the facility’s zero tolerance emotional signs of sexual abuse and/or policy for all forms of sexual abuse and assault and ways to prevent such assault. occurrences; Following the intake process, the facility 6. the requirement to limit reporting of shall provide instruction to detainees on the sexual abuse and assault to personnel with facility’s Sexual Abuse and Assault a need-to-know in order to make decisions Prevention and Intervention Program and concerning the detainee-victim’s welfare, ensure that such instruction includes (at a and for law enforcement/investigative minimum): purposes; 1. the facility’s zero-tolerance policy for all 7. the investigation process and how to forms of sexual abuse or assault; ensure that evidence is not destroyed; 2. prevention and intervention strategies; 8. prevention, recognition and appropriate response to allegations or suspicions of 3. definitions and examples of detainee-on­ sexual assault involving detainees with detainee sexual abuse, staff-on-detainee mental or physical disabilities; sexual abuse and coercive sexual activity; 9. instruction on reporting knowledge or 4. explanation of methods for reporting

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sexual abuse or assault, including the pamphlet to be distributed (see “Appendix DHS/OIG and the ICE/OPR investigation 2.11.C: Sexual Assault Awareness” in this processes; standard). The facility shall post with this notice the name of the program coordinator 5. information about self-protection and and local organizations that can assist indicators of sexual abuse; detainees who have been victims of sexual 6. prohibition against retaliation, including assault. This information will be provided in an explanation that reporting an assault English and Spanish, and to other segments shall not negatively impact the detainees of the detainee population with limited immigration proceedings; and English proficiency, through translations or 7. right of a detainee who has been subjected oral interpretation. to sexual abuse or assault to receive Where practicable, provisions for written treatment and counseling. translation shall be made for other Detainee notification, orientation and significant segments of the population with instruction must be in a language or manner limited English proficiency. Oral that the detainee understands. The facility interpretation or assistance shall be provided shall maintain documentation of detainee to any detainee who speaks another participation in the instruction session. language in which written material has not been translated or who is illiterate. Each facility’s sexual abuse or assault prevention and intervention program shall G. Prevention provide detainees who are victims of sexual All staff and detainees are responsible for abuse or assault the option to report the being alert to signs of potential situations in incident or situation to a designated staff which sexual assaults might occur, and for member other than an immediate point-of­ making reports and intervention referrals as contact line officer (e.g., the program appropriate. coordinator or a mental health specialist). The facility shall provide detainees with the Classification is an ongoing, dynamic name of the program coordinator or process. A detainee who is subjected to designated staff member and information on sexual abuse or assault shall not be returned how to contact him or her. Detainees will to general population until proper re­ also be informed that they can report any classification, taking into consideration any incident or situation regarding sexual abuse, increased vulnerability of the detainee as a assault or intimidation to any staff member. result of the sexual abuse or assault, is completed. As cited earlier under “III. Standards Affected,” ICE/ERO has provided a sexual In accordance with standards “2.1 Admission assault awareness notice to be posted on all and Release” and “2.2 Custody Classification housing-unit bulletin boards, as well as a System”: “Sexual Assault Awareness Information”

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1. Detainees shall be screened upon arrival H. Prompt and Effective Intervention at the facility for potential vulnerabilities Staff sensitivity toward detainees who are to sexually aggressive behavior or victims of sexual abuse and/or assault is tendencies to act out with sexually critical. aggressive behavior. Staff shall take seriously all statements from 2. Each new arrival shall be kept separate detainees claiming to be victims of sexual from the general population until he/she is assaults, and shall respond supportively and classified and may be housed accordingly. non-judgmentally. Any detainee who alleges 3. Detainees with a history of sexual assault that he/she has been sexually assaulted shall shall be identified, monitored and be offered immediate protection from the counseled while they are in ICE custody. assailant and shall be referred for a medical Detainees identified as “high risk” for examination and/or clinical assessment for committing sexual assault shall be potential negative symptoms. Staff members assessed by a mental health or other who become aware of an alleged assault shall qualified health care professional and immediately follow the reporting treated, as appropriate. requirements set forth in the written policies 4. Detainees at risk for sexual victimization and procedures. shall be identified, monitored and Facilities should use a coordinated, counseled. Detainees identified as “high multidisciplinary team approach to risk” for sexual victimization shall be responding to sexual abuse, such as a sexual assessed by a mental health or other assault response team (SART), which in qualified health care professional. accordance with community practices, Detainees who are considered at risk shall includes a medical practitioner, a mental be placed in the least restrictive housing health practitioner, a security staff member that is available and appropriate. and an investigator from the assigned 5. Detainees identified as being “at risk” for investigative entity, as well as representatives sexual victimization shall be transported from outside entities that provide relevant in accordance with that special safety services and expertise. concern. The section on “Count, Care must be taken not to punish a Identification and Seating,” found in confirmed or alleged sexual assault victim. standard “1.3 Transportation (by Land),” Victimized detainees should not be subject to requires that transportation staff seat disciplinary action either for reporting sexual each detainee in accordance with written abuse or for participating in sexual activity procedures from the facility administrator, as a result of force, coercion, threats, or fear with particular attention to detainees who of force. Care shall be taken to place the may need to be afforded closer observation detainee in a supportive environment that for their own safety. represents the least restrictive housing

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option possible (e.g. protective custody). 2. Alleged Staff Perpetrator However, victims shall not be held for longer When an employee, contractor or volunteer is than five days in any type of administrative alleged to be the perpetrator of detainee segregation, except in highly unusual sexual abuse and/or assault, it is the facility circumstances or at the request of the administrator’s responsibility to ensure that detainee. . the incident is promptly referred to the I. Reporting, Notifications and appropriate law enforcement agency having Confidentiality jurisdiction for investigation and reported to the Field Office Director. The local Each facility shall develop written government entity or contractor that owns or procedures to establish the process for an operates the facility shall also be notified. internal administrative investigation that shall be conducted in all cases only after Staff suspected of perpetrating sexual abuse consultation with the assigned criminal or assault shall be removed from all duties investigative entity or after a criminal requiring detainee contact pending the investigation has concluded. Such procedures outcome of an investigation. shall establish the coordination and J. Investigation and Prosecution sequencing of the two types of investigations, If a detainee alleges sexual assault, a to ensure that the criminal investigation is sensitive and coordinated response is not compromised by an internal necessary. All investigations into alleged administrative investigation. All incidents sexual assault must be prompt, thorough, and allegations of sexual abuse or assault objective, fair and conducted by qualified shall be reported immediately. investigators. The program coordinator shall Information concerning the identity of a be responsible for reviewing the results of detainee victim reporting a sexual assault, every investigation of sexual abuse. and the facts of the report itself, shall be When possible and feasible, appropriate staff limited to those who have a need-to-know in shall preserve the crime scene, and order to make decisions concerning the safeguard information and evidence in detainee-victim’s welfare, and for law coordination with the referral agency and enforcement/investigative purposes. consistent with established evidence- 1. Alleged Detainee Perpetrator gathering and evidence-processing When a detainee(s) is alleged to be the procedures. perpetrator, it is the facility administrator’s At no cost to the detainee, the facility responsibility to ensure that the incident is administrator shall arrange for the victim to promptly referred to the appropriate law undergo a forensic medical examination. enforcement agency having jurisdiction for During the forensic exam, the victim may investigation and reported to the Field Office request that an outside advocate be present Director. for support. The results of the physical

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examination and all collected physical 3. Health care professionals shall test for evidence are to be provided to the sexually transmitted diseases and investigative entity. Appropriate infectious infections (e.g., HIV, gonorrhea, hepatitis, disease testing, as determined by the health chlamydia and other diseases/infections) services provider, may be necessary. Part of and refer victim for counseling, as the investigative process may also include an appropriate. examination and collection of physical 4. Prophylactic treatment, emergency evidence from the suspected assailant(s). contraception and follow-up examinations K. Health Care Services and Transfer of for sexually transmitted diseases shall be Detainees to Hospitals or Other offered to all victims, as appropriate. Facilities 5. Following a physical examination, a Victims shall be provided emergency medical mental-health professional shall evaluate and mental health services and ongoing care. the need for crisis intervention counseling When possible and feasible, victims of sexual and long-term follow-up. assault shall be referred, under appropriate Once the transfer has taken place, a report security provisions, to a community facility shall be made to the facility administrator or for treatment and for collection of evidence. designee to confirm that the victim has been If available and offered by a community separated from his/her assailant. Transfers facility, prophylactic treatment, emergency shall take into account safety and security contraception and follow-up examinations for concerns and the special needs of victimized sexually transmitted diseases shall be detainees. offered to all victims, as appropriate. L. Tracking Incidents of Sexual Abuse If these procedures are performed in-house, and/or Assault the following guidelines apply: All case records associated with claims of 1. Health care professionals shall conduct an sexual abuse, including incident reports, examination to document the extent of investigative reports, offender information, physical injury and to determine whether case disposition, medical and counseling referral to another medical facility is evaluation findings, and recommendations for indicated. With the victim’s consent, the post-release treatment, if necessary, and/or examination shall include collection of counseling shall be maintained in appropriate evidence from the victim, using a kit files in accordance with these detention approved by the appropriate authority. standards and applicable policies, and retained in accordance with established 2. All collected forensic evidence must be schedules. secured and processed according to the facility’s established plan for maintaining Particularly applicable to the storage, the chain of custody for criminal evidence. confidentiality and release of case records are

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the requirements of the “Confidentiality and d. all formal and/or informal action taken. Release of Medical Records” section of 2. Administrative investigative files include: standard “4.3 Medical Care” and the requirements of standard “7.1 Detention a. all reports; Files,” especially in regard to the Privacy Act b. medical forms; of 1974. Because of the very sensitive nature c. supporting memos and videotapes, if of information about victims and their any; and medical condition, including infectious disease testing, staff must be particularly d. any other evidentiary materials vigilant about maintaining confidentiality pertaining to the allegation. and releasing information only for legitimate The facility administrator shall maintain need-to-know reasons. these files chronologically in a secure Monitoring and evaluation are essential for location. assessing both the rate of occurrence of In addition, the facility administrator shall sexual assault and agency effectiveness in maintain a listing of the names of sexual reducing sexually abusive behavior. The assault victims and assailants, along with program coordinator is responsible for an the dates and locations of all sexual assault annual review of aggregate data (omitting incidents occurring within the facility, on personally identifying information) and shall his/her computerized incident reporting present the findings to the Field Office system. Such information shall be Director and ICE/ERO headquarters for use maintained on a need-to-know basis in in determining changes to existing policies accordance with the standards “4.3 Medical and practices to determine whether changes Care” and “7.1 Detention Files,” which are needed to further the goal of eliminating includes protection of electronic files from sexual abuse. Accordingly, the facility unauthorized access. At no time may law administrator must maintain two types of enforcement sensitive documents or evidence files. be stored at the facility. 1. General files include: Access to this designation shall be limited to a. the victim(s) and assailant(s) of a those staff involved in the treatment of the sexual assault; victim or the investigation of the incident. The authorized designation shall allow b. crime characteristics; appropriate staff to track the detainee victim c. detailed reporting timeline, including or assailant of sexual assault across the the name of the staff member receiving system. Based on the designated reporting the report of sexual assault, date and data, the ICE/ERO program office shall time the report was received, and steps report annually the number of sexual taken to communicate the report up the assaults occurring within secure detention chain of command; and facilities utilized by ICE/ERO. Data shall be

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provided through the SEN system.

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Appendix 2.11.A: Resources The National Institute of Corrections (NIC) offers: 1. training and technical assistance 2. copies of the video, including “Facing Prison Rape,” and accompanying facilitator’s guides. 3. a bibliography of reference material. National Institute of Corrections: www.nicic.gov Other resource links: 1. NIC/WCL Project on Addressing Prison Rape: www.wcl.american.edu/nic 2. Bureau of Justice Assistance: www.ojp.usdoj.gov/BJA 3. Bureau of Justice Statistics: www.ojp.usdoj.gov/bjs 4. The Moss Group: www.mossgroup.us 5. Just Detention International: www.justdetention.org 6. Center for Innovative Policies, Inc.: www.cipp.org

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Appendix 2.11.B: Sample Sexual II. Program Coordinator Abuse and Assault Prevention [FACILITY] has a compliance manager who is and Intervention Program responsible for overseeing all aspects of the Policy1 facility’s efforts to comply with this zero tolerance policy, including by: 1. assisting with keeping current these written I. Zero Tolerance Policy policies and procedures for the Sexual Abuse and Assault Prevention and Intervention [FACILITY] maintains a zero-tolerance policy for Program; all forms of sexual abuse or assault. It is the policy 2. assisting with the development of initial and of [FACILITY] to provide a safe and secure ongoing training protocols; environment for all detainees, employees, 3. serving as a liaison with other agencies; contractors, and volunteers, free from the threat of sexual abuse or assault, by maintaining a Sexual 4. coordinating the gathering of statistics and Abuse and Assault Prevention and Intervention reports on incidents of sexual abuse or assault; Program that ensures effective procedures for 5. reviewing the results of every investigation of preventing, reporting, responding to, investigating, sexual abuse and conducting an annual review and tracking incidents or allegations of sexual abuse of all investigations to assess and improve or assault. prevention and response efforts; and 6. reviewing facility practices to ensure required Sexual assault or abuse of detainees by other levels of confidentiality are maintained. detainees or by employees, contractors, or volunteers is prohibited and subject to [INSERT ANY ADDITIONAL PROGRAM administrative, disciplinary, and criminal sanctions. COORDINATOR DUTIES]

III. Definitions 1 This document represents a template Sexual Abuse and Assault Prevention and Intervention Program policy, as required by Standard 2.11 of the ICE 2011 Performance-Based For the purposes of this policy, the following National Detention Standards (PBNDS 2011), governing definitions apply: “Sexual Abuse and Assault Prevention and Intervention.” Facilities may complete the sections of this template where Detainee-on-detainee Sexual Abuse and/or Assault: indicated with their own specific information, if they choose One or more detainees, by force, coercion, or to use this format as a manner of fulfilling the requirements of Section V.A of Standard 2.11. If you have any questions intimidation, engaging in or attempting to engage regarding this template policy or the requirements of Standard in: 2.11, Section V.A, please contact (a) contact between the penis and the vagina [email protected]. or anus and, for purposes of this subparagraph, contact involving the penis COLOR KEY: Provisions indicated in black bold font represent upon penetration, however slight; requirements or procedures which must be incorporated into (b) contact between the mouth and the penis, each facility’s policy pursuant to Standard 2.11. vagina or anus; Provisions indicated in red bold font represent best practices (c) penetration, however slight, of the anal in preventing and responding to sexual abuse and assault, or genital opening of another person by a which are not required by Standard 2.11, but which ICE encourages facilities to incorporate to the extent possible into hand or finger or by any object; their individual policies. (d) touching of the genitalia, anus, groin,

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breast, inner thighs or buttocks, either directly or through the clothing, with an A. Screening and Classification intent to abuse, humiliate, harass, degrade or arouse or gratify the sexual desire of any 1. Screening and Classification person; or Requirements (e) threats, intimidation, or other actions or communications by one or more detainees (a) All detainees shall be screened upon aimed at coercing or pressuring another arrival at the facility for potential risk detainee to engage in a sexual act. of sexual victimization or sexually abusive behavior, and shall be housed Staff-on-detainee Sexual Abuse and/or Assault: to prevent sexual abuse or assault. One or more staff member(s), volunteer(s), or (b) Each new detainee shall be kept contract personnel engaging in or attempting to separate from the general population engage in: until he/she has been classified and (a) contact between the penis and the vagina may be housed accordingly. or anus and, for purposes of this (c) Detainees identified as having a subparagraph, contact involving the penis history of sexually assaultive behavior upon penetration, however slight; or at risk for sexual victimization shall (b) contact between the mouth and the penis, be assessed by a mental health or other vagina or anus; qualified health care professional, and (c) penetration, however slight, of the anal monitored and counseled as or genital opening of another person by a determined by the professional. hand or finger or by any object; (d) Detainees considered at risk for sexual (d) except in the context of proper searches victimization shall be placed in the and medical examinations, touching of the least restrictive housing that is genitalia, anus, groin, breast, inner thighs or available and appropriate. If buttocks, either directly or through the appropriate custodial options may not clothing; be available at the facility, (e) threats, intimidation, harassment, [FACILITY] will consult with the indecent, profane or abusive language, or ICE Field Office Director to determine other actions (including unnecessary visual if ICE can provide additional surveillance) or communications aimed at assistance. coercing or pressuring a detainee to engage in a sexual act; or 2. Screening and Classification (f) repeated verbal statements or comments Procedures of a sexual nature to a detainee, including demeaning references to gender, derogatory (a) [INSERT FACILITY comments about body or clothing, or PROCEDURES THAT MEET profane or obscene language or gestures. REQUIREMENTS]

IV. Prevention B. Staff Training

All staff (employees, volunteers, and contractors) 1. Staff Training Requirements are responsible for being alert to signs of potential sexual abuse or assault, and to situations in which (a) Training on the facility’s Sexual Abuse sexual assaults might occur. and Assault Prevention and

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Intervention Program shall be included reports of sexual abuse or assault. in initial and annual refresher training (c) [INSERT FACILITY for all employees, volunteers, and PROCEDURES THAT MEET contract personnel. REQUIREMENTS] (b) All facility staff responsible for conducting sexual abuse or assault C. Detainee Education investigations shall receive specialized training in conducting such 1. Detainee Education Requirements investigations in confinement settings, which includes techniques for (a) Upon admission to [FACILITY], all interviewing sexual abuse victims, detainees shall be notified of the sexual abuse evidence collection in facility’s zero-tolerance policy for all confinement settings, and the criteria forms of sexual abuse and assault and evidence required for through the orientation program and administrative action or prosecutorial detainee handbook, and provided with referral. information about the facility’s Sexual (c) All full- and part-time medical and Abuse and Assault Prevention and mental health care practitioners who Intervention Program. Such work regularly in the facility shall information shall include, at a receive specialized training in minimum: detecting and assessing signs of sexual ƒ the facility’s zero tolerance abuse and assault, preserving physical policy for all forms of sexual evidence of sexual abuse, responding abuse or assault; effectively to victims of sexual abuse ƒ the name of the facility Sexual and assault, and reporting allegations Abuse and Assault Prevention or suspicions of sexual abuse or and Intervention Program assault. Coordinator, and information (d) The facility Program Coordinator shall about how to contact him/her; maintain documentation verifying ƒ prevention and intervention employee, volunteer and contractor strategies; training. ƒ definitions and examples of detainee-on-detainee sexual 2. Staff Training Procedures abuse, staff-on-detainee sexual abuse and coercive sexual (a) [INSERT PROGRAM activity; COORDINATOR OR OTHER ƒ explanation of methods for DESIGNATED FACILITY STAFF] reporting sexual abuse or assault, shall be responsible for all staff including the DHS/OIG and the training activities. ICE/OPR investigation (b) [INSERT PROGRAM processes, and right of detainees COORDINATOR OR OTHER to report an incident or allegation DESIGNATED SENIOR of sexual abuse, assault, or MANAGER] shall be responsible for intimidation to any staff member ensuring that all staff are appropriately at the facility and to ICE/DHS; trained, and respond in a coordinated ƒ information about self-protection and appropriate fashion to detainee and indicators of sexual abuse;

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ƒ prohibition against retaliation, facility at the time the pat search is including an explanation that required.2 reporting an assault shall not (d) All strip searches shall be performed negatively impact the detainee’s by staff of the same gender as the immigration proceedings; and detainee. In the case of an emergency, ƒ right of a detainee who has been a staff member of the same gender as subject to sexual abuse or assault the detainee shall be present to observe to receive treatment and a strip search performed by an officer counseling. of the opposite gender.3 (b) Detainee notification, orientation and (e) Special care should be taken to ensure instruction must be in a language or a strip search of a transgender detainee manner that the detainee understands. be performed in private.4 (c) The facility shall maintain documentation of detainee 2. Cross-Gender Viewing and Searches participation in the instruction session. Procedures

2. Detainee Education Procedures (a) [INSERT FACILITY PROCEDURES THAT MEET (a) [INSERT DESIGNATED REQUIREMENTS] FACILITY STAFF] shall be responsible for detainee education E. [INSERT ANY ADDITIONAL APPLICABLE regarding issues pertaining to sexual FACILITY PREVENTATIVE MEASURES – abuse and assault. E.G. CONDUCTING UNANNOUNCED (b) [INSERT FACILITY ROUNDS, ETC. PROCEDURES THAT MEET REQUIREMENTS] V. Detainee Reporting Procedures D. Limits on Cross-Gender Viewing and Searches A. Detainee Reporting Requirements

1. Cross-Gender Viewing and Searches 1. Detainees shall be encouraged to Requirements promptly report signs or incidents of sexual abuse and assault, and may not be (a) Staff may not visually observe punished for reporting. detainees while changing clothing or 2. Staff shall take seriously all statements showering, but shall be present from detainees claiming to be victims of immediately outside the room with the sexual assaults, and shall respond door ajar to hear what transpires supportively and non-judgmentally. inside. (b) Staff of the opposite gender must also announce their presence upon entering detainee living areas. (c) Staff of the same gender as the 2 Note that Section II(D)(1)(c) is mandatory for facilities detainee should perform a pat search operating under the PBNDS 2011. 3 Note that Section II(D)(1)(d) is mandatory for facilities of a female detainee, unless staff of the operating under the PBNDS 2008 or 2011. same gender are not present at the 4 Note that Section II(D)(1)(e) is mandatory for facilities operating under the PBNDS 2011.

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3. Any detainee may report acts of sexual abuse or assault to any employee, VI. Effective Communication with Detainees contractor, or volunteer. 4. If a detainee is not comfortable with In compliance with Federal law and DHS policy making the report to immediate point-of- [INSERT ANY ADDITIONAL APPLICABLE contact line staff, he/she shall be allowed LOCAL GOVERNMENT LAW OR POLICY], to make the report to a staff person with [FACILITY] takes reasonable steps to provide whom he/she is comfortable in speaking meaningful access to the facility’s Sexual Abuse about the allegations. and Assault Prevention and Intervention Program for detainees with Limited English Proficiency B. Detainee Reporting Procedures (LEP).

Detainee reports of sexual abuse or [FACILITY] makes available competent foreign assault may be made using any available language and sign language interpreters to ensure methods of communication, including effective communication with detainees with LEP but not limited to: and disabilities (e.g., detainees who are deaf, hard of hearing, or blind and detainees with low vision) Reports to the Facility: during all aspects of the facility’s efforts to fulfill (a) Verbal reports to a staff member this zero tolerance policy. [INSERT ANY (including the Sexual Abuse and APPLICABLE CROSS-REFERENCES TO Assault Prevention and THE FACILITY’S LEP PLAN OR Intervention Program PROCEDURES] Coordinator or medical staff) (b) Written informal or formal To obtain a competent interpreter (oral) or requests or grievances to the translated (written) materials for a detainee with facility [INSERT SPECIFIC LEP, facility staff contact: [INSERT METHODS FOR WRITTEN DESIGNATED STAFF AND/OR COMMUNICATION WITH TELEPHONIC INTEPRETER SERVICE FACILITY STAFF] AVAILABLE AT FACILITY]. [INSERT (c) Sick call requests INSTRUCTIONS FOR USING FACILITY (d) [INSERT ANY ADDITIONAL TELEPHONIC INTERPRETER LINE] FACILITY AVENUES OF COMMUNICATION] To obtain accommodations for a detainee with a disability, facility staff contact: [INSERT Reports to Family Members, Friends, or DESIGNATED STAFF] Other Outside Entities: (e) Reports to an individual or VII. Staff Notification and Reporting organization outside the facility who can contact facility staff A. Staff Notification and Reporting Requirements Reports to DHS/ICE: (f) Written informal or formal 1. All staff must immediately report any requests or grievances (including known or suspected incidents or emergency grievances) to ICE allegations of sexual abuse or assault (g) Telephone calls or written reports through the facility’s chain of command. to the DHS/OIG or ICE/OPR

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2. The facility administrator shall promptly LAW ENFORCEMENT AGENCIES] report the incident to the ICE Field Office Director, and refer all cases that VIII. Response appear potentially to support criminal prosecution to the appropriate law A. First Responders enforcement agency having jurisdiction for investigation. 1. First Responder Requirements

3. If an employee, contractor, or volunteer (a) Staff shall take immediate action to is alleged to be the perpetrator of separate any detainee who alleges that detainee sexual abuse or assault, the he/she has been sexually assaulted from facility administrator shall also notify the alleged assailant, and shall refer the the local government entity or contractor detainee for a medical examination that operates the facility. and/or clinical assessment for potential negative symptoms. 4. Information concerning the identity of a (b) Staff suspected of perpetrating sexual detainee victim reporting a sexual abuse or assault shall be removed from assault, and the facts of the report itself, all duties requiring detainee contact shall be limited to those who have a pending the outcome of an investigation. need-to-know in order to make decisions (c) When possible and feasible, staff shall concerning the victim’s welfare, and for immediately preserve the crime scene, law enforcement/investigative purposes. and safeguard information and evidence consistent with the facility’s evidence- 5. Upon receiving an allegation that a gathering and evidence-processing detainee was sexually abused while procedures. confined at another facility, the facility administrator shall notify the head of the 2. First Responder Procedures facility or appropriate office of the agency where the alleged abuse occurred (a) [INSERT FACILITY PROCEDURES as soon as possible, and no later than 72 THAT MEET REQUIREMENTS] hours after receiving the allegation. The (b) [INSERT FACILITY EVIDENCE facility administrator shall notify the PROTOCOL] detainee in advance of such reporting. B. Specialized Responders B. Staff Notification and Reporting Procedures 1. Specialized Responder Requirements

1. [INSERT FACILITY CHAIN-OF- (a) Staff must use a coordinated, COMMAND REPORTING multidisciplinary team approach to STRUCTURE AND responding to sexual abuse, such as a PROCEDURES/FORMS FOR sexual assault response team (SART), DOCUMENTING IN WRITING ALL which includes a medical practitioner, REPORTED ALLEGATIONS OR a mental health practitioner, a security SUSPICIONS] staff member, and an investigator from 2. [INSERT FACILITY PROCEDURES the assigned investigative entity, as FOR REFERAL TO APPROPRIATE well as representatives from outside

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entities that provide relevant services (c) [INSERT ANY FACILITY and expertise. [INSERT FACILITY PROCESSES FOR PROVIDING PROCESSES FOR VICTIMS WITH COMMUNITY- INVOLVEMENT OF OUTSIDE BASED VICTIM SUPPORT COMMUNITY RESOURCES AND SERVICES BASED ON SERVICES BASED ON CONTRACTUAL OR OTHER CONTRACTUAL OR OTHER ARRANGEMENTS (i.e. MOU) ARRANGEMENTS WITH LOCAL WITH LOCAL ORGANIZATIONS] ORGANIZATIONS] (b) Care must be taken not to punish a confirmed or alleged sexual assault IX. Health Care Services victim either for reporting sexual abuse or for participating in sexual activity as A. Health Care Services Requirements a result of force, coercion, threats, or fear of force. 1. Victims shall be provided emergency (c) The victim shall be housed in a and ongoing medical and mental health supportive environment that represents services as needed. If adequate health the least restrictive housing option care services may not be available, possible, and that will, to the extent [FACILITY] will consult with the ICE possible, permit the victim the same Field Office Director to determine if ICE level of privileges he/she was can provide additional assistance. permitted immediately prior to the 2. All facility medical staff responsible for sexual assault. examination or treatment of sexual abuse (d) Victims may not be held for longer or assault victims shall be specially than five days in any type of trained or certified in such procedures. administrative segregation for protective purposes, except in highly B. Health Care Services Procedures unusual circumstances or at the request of the victim. 1. [INSERT FACILITY PROCEDURES (e) If any of these requirements cannot be FOR PROVIDING IMMEDIATE met, [FACILITY] will consult with PHYSICAL AND MENTAL the ICE Field Office Director to HEALTH EXAMINATIONS, determine if ICE can provide PROPHYLACTIC TREATMENT, additional assistance. EMERGENCY CONTRACEPTION, TESTING AND FOLLOW UP FOR 2. Specialized Responder Procedures SEXUALLY TRANSMITTED DISEASES, COUNSELING, AND (a) [INSERT FACILITY FORENSIC MEDICAL PROCEDURES THAT MEET EXAMINATIONS (WITH THE REQUIREMENTS] VICTIM’S CONSENT), AS (b) [INSERT SPECIFIC FACILITY APPROPRIATE, EITHER BY THE HOUSING OPTIONS TO BE FACILITY HEALTH CARE UNIT CONSIDERED FOR VICTIMS OR THROUGH REFERRAL OR AND ASSAILANTS OF VARIOUS TRANSFER TO OUTSIDE SECURITY CLASSIFICATION MEDICAL PROVIDERS, BASED LEVELS] ON CONTRACTUAL OR OTHER

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ARRANGEMENTS WITH 1. [INSERT DESCRIPTION OF AVAILABLE PROVIDERS] CIRCUMSTANCES UNDER WHICH 2. [INSERT FACILITY FACILITY WILL CONDUCT ITS REQUIREMENTS/PROTOCOLS OWN INVESTIGATION] Where FOR MEDICAL STAFF TRAINING [FACILITY] conducts its own OR CERTIFICATION] investigation into an incident or allegation of sexual abuse: [INSERT X. Investigation FACILITY PROCESSES FOR CONDUCTING INTERNAL A. Investigation Requirements ADMINISTRATIVE INVESTIGATIONS] 1. A prompt, thorough, objective, and fair 2. [INSERT FACILITY PROCEDURES investigation shall be conducted by FOR CONDUCTION OF FORENSIC qualified investigators for every incident EXAMS BY EXTERNAL HEALTH or allegation of sexual abuse or assault. CARE SERVICE PROVIDERS] 2. [FACILITY] shall ensure that all 3. [INSERT FACILITY PROTOCOL allegations of sexual abuse or assault FOR SAFEGUARDING EVIDENCE involving potentially criminal behavior IN COORDINATION WITH are referred for investigation by an CRIMINAL INVESTIGATIVE agency with the legal authority to ENTITIES] conduct criminal investigations, and 4. [INSERT FACILITY PROCEDURES shall document such referrals. FOR COORDINATION AND 3. The facility administrator shall SEQUENCING OF INTERNAL coordinate as necessary with the ICE ADMINISTRATIVE Office of Professional Responsibility INVESTIGATIONS AND (OPR) and/or criminal investigative CRIMINAL INVESTIGATIONS TO entities responsible for investigation of ENSURE NON-INTERFERENCE the incident. WITH CRIMINAL 4. At no cost to the detainee, the facility INVESTIGATIONS] administrator shall arrange for the victim to undergo a forensic medical XI. Disciplinary Sanctions examination. All collected forensic evidence must be secured and processed A. Disciplinary Sanctions Requirements according to the facility’s establish plan for maintaining the chain of custody for 1. All perpetrators of sexual abuse or criminal evidence. A written summary assault shall be disciplined and referred of all medical evidence and findings for criminal prosecution as appropriate. shall be completed and maintained in the 2. Staff determined to have perpetrated detainee’s medical record. sexual abuse or assault or to have failed 5. If any of these requirements cannot be to comply with the requirements met, [FACILITY] will consult with the established by this policy shall be ICE Field Office Director to determine if subject to the following disciplinary ICE can provide additional assistance. sanctions:

B. Investigation Procedures B. Disciplinary Sanctions Procedures

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1. [INSERT FACILITY (d) Assess the adequacy of staffing DISCIPLINARY SANCTIONS FOR levels in that area during different STAFF OFFENSES RELATING TO shifts; SEXUAL ABUSE OR ASSAULT] (e) Assess whether monitoring technology should be deployed or XII. Sexual Abuse Incident Reviews augmented to supplement supervision by staff; and A. Sexual Abuse Incident Review (f) Prepare a report of findings and any Requirements recommendations for improvement and submit such report to the facility 1. The facility Sexual Abuse and Assault administrator. Prevention and Intervention Program 5. The facility shall implement the Coordinator shall, together with upper- recommendations for improvement, or level management officials, conduct a shall documents its reasons for not doing sexual abuse incident review at the so. conclusion of every sexual abuse investigation to assess and improve B. Sexual Abuse Incident Review prevention and response efforts. Procedures 2. Such review shall ordinarily occur within 30 days of the conclusion of the 1. [INSERT FACILITY PROCEDURES investigation. THAT MEET REQUIREMENTS] 3. In conducting the review, the Program Coordinator shall seek input from line XIII. Data Collection and Reporting supervisors, investigators, and medical or mental health practitioners. A. Data Collection and Reporting 4. The reviewer(s) shall: Requirements (a) Consider whether the allegation or investigation indicates a need to 1. All case records associated with claims change policy or practice to better of sexual abuse, including incident prevent, detect, or respond to sexual reports, investigative reports, offender abuse; information, case disposition, medical (b) Consider whether the incident or and counseling evaluation findings, and allegation was motivated by race; recommendations for post-release ethnicity; gender identity; lesbian, treatment and/or counseling, shall be gay, bisexual, transgender, or maintained in [INSERT RELEVANT intersex identification, status, or FACILITY RECORDS]. perceived status; or gang affiliation; 2. The facility administrator shall maintain or was motivated or otherwise two types of files regarding incidents of caused by other group dynamics at sexual abuse: the facility; (a) General files include: (c) Examine the area in the facility ƒ information about the victim(s) where the incident allegedly and assailant(s) of a sexual occurred to assess whether physical assault (including the race, barriers in the area may enable nationality, age, and gender of abuse; the individuals)

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ƒ crime characteristics (including ƒ any other evidentiary materials the date, time, location, and pertaining to the allegation nature of the incident) 3. All information shall be shared only on a ƒ detailed reporting timeline, need-to-know basis with staff involved including the name of the staff in the treatment of the victim or the member receiving the report of investigation of the incident. sexual assault, date and time the 4. The Sexual Abuse and Assault report was received, and steps Prevention and Intervention Program taken to communicate the report Coordinator shall review aggregate data up the chain of command on an annual basis, and present the ƒ all formal and/or informal action findings to the ICE Field Office Director taken (including housing/custody and ICE/ERO headquarters for use in placements, health care referrals, determining whether changes may be etc.) needed to existing policies and practices (b) Administrative investigative files in order to further the goal of eliminating include: sexual abuse. ƒ all reports ƒ medical forms (including B. Data Collection and Reporting documentation of any injuries Procedures sustained, and examinations, testing, or treatment 1. [INSERT FACILITY PROCEDURES administered) THAT MEET REQUIREMENTS] ƒ supporting memos and videotapes, if any

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Appendix 2.11.C: Sexual Assault object; touching of the genitalia, anus, groin, breast, inner thighs or buttocks, either Awareness directly or through the clothing, except in the context of proper searches and medical While detained by the Department of examinations; the use of threats, Homeland Security, Immigration and intimidation, harassment, indecent, profane Customs Enforcement, Office of Enforcement or abusive language, or other actions and Removal, you have a right to be safe and (including unnecessary visual surveillance) free from sexual abuse and sexual assault. or communications aimed at coercing or Report all attempted abuse or assaults to a pressuring a detainee to engage in a sexual facility staff member (for example, your act; or repeated verbal statements or housing unit officer, a supervisor, a health comments of a sexual nature to a detainee, care provider, or the officer in charge), or including demeaning references to gender, directly to the ICE Community and Detainee derogatory comments about body or clothing, Hotline or the ICE Office of Professional or profane or obscene language or gestures. Responsibility (OPR) Joint Intake Center. Sexual conduct of any type between staff and detainees amounts to sexual abuse, Definitions regardless of whether consent exists. Detainee-on-detainee Sexual Abuse and Assault Prohibited Acts One or more detainees, by force, coercion or intimidation, engaging in or attempting to This facility has a zero tolerance policy for engage in: contact between the penis and the sexual abuse and assault, which is vagina or anus; contact between the mouth prohibited by ICE policy and the law. A and the penis, vagina, or anus; penetration detainee or staff member who commits of the anal or genital opening of another sexual assault shall be punished person by a hand, finger or any object; administratively and may be subject to touching of the genitalia, anus, groin, breast, criminal prosecution. inner thighs or buttocks, either directly or A detainee who engages in such behavior can through the clothing, with an intent to be charged with the following Prohibited abuse, humiliate, harass, degrade or arouse Acts under the Detainee Disciplinary Policy: or gratify the sexual desire of any person; or the use of threats, intimidation, or other • Code 101: Sexual Assault actions or communications by one or more detainees aimed at coercing or pressuring another detainee to engage in a sexual act. • Code 207: Making a Sexual Proposal or Threat Staff-on-detainee Sexual Abuse and Assault One or more staff member(s), volunteer(s), or • Code 404: Using Abusive or Obscene contract personnel engaging in or attempting Language to engage in: contact between the penis and the vagina or anus; contact between the mouth and the penis, vagina, or anus; • Code 206: Engaging in a Sex Act penetration of the anal or genital opening of another person by a hand, finger or any • Code 300: Indecent Exposure

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Victimized detainees shall not be subject to think are emotionally weak. disciplinary action for reporting sexual abuse or for participating in sexual activity as a result of force, coercion, threats, or fear of 2. Do not accept gifts or favors from others. force. If you experience retaliation for Most gifts or favors come with special reporting sexual abuse or for engaging in demands or limits that the giver expects you sexual activity as a result of force or to accept. coercion, you can report it in any way that you report an incident of sexual abuse. 3. Do not accept an offer from another detainee to be your protector.

In addition, consensual sexual conduct between detainees is also prohibited and 4. Find a staff member with whom you feel subject to administrative and disciplinary comfortable discussing your fears and sanctions. concerns. Report concerns!

Detention as a Safe Environment 5. Do not use drugs or alcohol; these can While you are detained, no one has the right weaken your ability to stay alert and make to pressure you to engage in sexual acts or good judgments. engage in unwanted sexual behavior. Regardless of your age, size, race, ethnicity, 6. Be clear, direct and firm. Do not be afraid sexual orientation or gender identity, you to say “no” or “stop it now.” have the right to be safe from unwanted 7. Choose your associates wisely. Look for sexual advances and acts. people who are involved in positive activities like educational programs, work Confidentiality opportunities or counseling groups. Get Information concerning the identity of a yourself involved in these activities, if they detainee victim reporting a sexual assault, are available at your facility. and the facts of the report itself, will be limited to those who have the need-to-know 8. If you suspect another detainee is being in order to make decisions concerning the sexually abused, report it to a staff member detainee victim’s welfare and for law you trust or to the ICE Community and enforcement/ investigative purposes. Detainee Hotline at 1-888-351-4024 or ICE/OPR Joint Intake Center at 1-877-246­ Avoiding Sexual Assault 8253. Sexual assault is never the victim’s fault. Knowing the warning signs and red flags can 9. Trust your instincts. Be aware of help you stay alert and aware: situations that make you feel uncomfortable. If it does not feel right or safe, leave the 1. Carry yourself in a confident manner. situation or seek assistance. If you fear for your safety, report your concerns to staff. Many attackers choose victims who look like they would not fight back or who they Report All Assaults

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If you become a victim of a sexual assault, provide, the easier it will be to investigate what report the incident immediately. Individuals happened. Staff members are required to keep who sexually abuse or assault detainees can the reported information confidential and only be disciplined or prosecuted if the abuse only discuss it with the appropriate officials is reported. You can report a sexual assault on a need-to-know basis. incident to facility staff, ICE/ERO personnel, or DHS or ICE headquarters, including Next Steps after Reporting a Sexual through the following methods: Assault or Attempted Sexual Assault You will be offered immediate protection Report to the Facility: from the assailant and you will be referred 1. Tell any staff member at the facility for medical examination and clinical you trust (for example, the Sexual assessment. You do not have to name the Abuse and Assault Prevention and detainee(s) or staff member who assaulted Intervention Program Coordinator, you in order for you to receive assistance, but medical staff, chaplains, housing specific information may make it easier for officers, supervisors, etc). staff to help you. You will continue to 2. File an informal or formal grievance receive protection from the assailant, (including emergency grievance) with whether or not you have identified your the facility. attacker or agree to testify against them. If the assault occurred recently, it is important Report to the ICE Field Office: that you do not shower, wash, drink, change 3. Tell an ICE/ERO staff member who clothing or use the bathroom, to the extent visits the facility. possible, until you can be seen by a medical 4. File a written informal or formal provider and any evidence can be collected. request or grievance to ICE/ERO. The Medical Exam Report to DHS or ICE Headquarters: Medical staff will examine you as 5. Contact the ICE Community and appropriate for injuries, which may or may Detainee Hotline: not be readily apparent to you. In some ƒ Call the toll-free hotline at: 1-888­ cases, they may also check for and gather 351-4024 physical evidence of assault. Bring with you 6. Contact the ICE Office of Professional to the medical exam the clothes and Responsibility (OPR) Joint Intake underwear that you had on at the time of the Center (JIC): assault. With your consent, a medical ƒ Call the toll-free hotline at: professional may perform a pelvic and/or 1-877-246-8253 rectal examination to obtain samples of, or ƒ Email: [email protected] document the existence of physical evidence ƒ Write a letter to: such as hair, body fluids, tears, or abrasions P.O. Box 14475 that remain after the assault. This physical 1200 Pennsylvania Ave. NW evidence may be critical in corroborating Washington, D.C. 20044 that the sexual assault occurred and in You do not have to give your name to report sexual identifying the assailant; trained personnel abuse or assault, but the more information you can will conduct the exam privately and

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professionally. even years after the attack. Other common reactions include loss of appetite, nausea or You are entitled to medical and mental health stomach aches, headaches, loss of memory services and ongoing care, as appropriate, including and/or trouble concentrating, and changes in testing and treatment for sexually transmitted sleep patterns. Emotional support is diseases and infections, emergency contraception, available from the facility’s mental health and counseling services. and medical staff, and from the chaplains. Understanding the Investigative Process Also, many detainees who are at high risk of sexually assaulting others have often been Once the misconduct is reported, the facility sexually abused themselves. Mental health and/or an appropriate law enforcement services are available to them also so that agency will conduct an investigation. The they can control their actions and heal from purpose of the investigation is to determine their own abuse. the nature and extent of the misconduct. You may be asked to give a statement during the Sexual assaults can happen to anyone: any investigation. If criminal charges are filed, gender, age, race, ethnic group, socio­ you may be asked to testify during the economic status and to an individual with criminal proceedings. any sexual orientation or disability. Sexual assault is not about sex; it is about power The Emotional Consequences of Sexual and control. All reports are taken seriously. Assault Your safety and the safety of others is the most important concern. For everyone’s It is common for victims of sexual assault to safety, all incidents, threats, or assaults have feelings of embarrassment, anger, guilt, must be reported. panic, depression and fear several months or

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2.12 Special Management for this standard. Various terms used in this standard may be Units defined in standard “7.5 Definitions.” I. Purpose and Scope II. Expected Outcomes This detention standard protects detainees, The expected outcomes of this detention staff, contractors, volunteers and the standard are as follows (specific community from harm by segregating certain requirements are defined in “V. Expected detainees from the general population in Practices”). Special Management Units with an Administrative Segregation section for 2. The facility shall have a Special detainees segregated for administrative Management Unit (SMU) with provisions reasons and a Disciplinary Segregation for separating the administrative section for detainees segregated for segregation section, for detainees disciplinary reasons. segregated from the general population for administrative reasons, from the This detention standard applies to the disciplinary segregation section, for following types of facilities housing ERO detainees segregated from the general detainees: population for disciplinary reasons. x Service Processing Centers (SPCs); 3. Detainees housed in the general x Contract Detention Facilities (CDFs); population, staff, contractors, volunteers and and the local community shall be protected from harm by the segregation of x State or local government facilities certain detainees in an SMU. used by ERO through Intergovernmental Service 4. Any detainee who represents an Agreements (IGSAs) to hold detainees immediate, significant threat to safety, for more than 72 hours. security or good order shall be immediately controlled by staff and, if Procedures in italics are specifically required cause exists and supervisory approval for SPCs, CDFs, and Dedicated IGSA granted, placed in administrative facilities. Non-dedicated IGSA facilities segregation. ICE and the detainee shall be must conform to these procedures or adopt, immediately provided a copy of the adapt or establish alternatives, provided administrative segregation order they meet or exceed the intent represented describing the reasons for the detainee’s by these procedures. placement in the SMU. For all types of facilities, procedures that 5. Administrative segregation may also be appear in italics with a marked (**) on the available to detainees for the purpose of page indicate optimum levels of compliance providing “protective custody.” A detainee

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shall be placed in “protective custody” accordance with required time schedules, status in administrative segregation only and the results of those reviews shall be when there is documentation and documented. supervisory approval that it is necessary 10. A detainee shall remain in to protect a detainee from harm and that disciplinary segregation for no more than no reasonable alternatives are available. 30 days per violation, and his/her status 6. A detainee shall be placed in disciplinary shall be reviewed by the facility segregation only after a finding by a administrator and the Field Office disciplinary hearing panel that the Director after the first 30 days and each detainee is guilty of a prohibited act or 30 days thereafter, to determine whether rule violation classified at a “greatest,” continued detention in disciplinary “high” or “high-moderate” level, as defined segregation is warranted. in “Appendix 3.1.A: Prohibited Acts and 11. Detainees in SMU shall be afforded basic Sanctions,” found in “3.1 Disciplinary living conditions that approximate those System.” provided to the general population, 7. Health care personnel shall be consistent with the safety and security immediately informed when a detainee is considerations that are inherent in more admitted to an SMU and shall conduct an controlled housing, and in consideration assessment and review of the detainees of the purpose for which each detainee is medical and mental health status and care segregated. needs. Health care personnel shall at a 12. In general, when a detainee in an SMU is minimum conduct a daily assessment of deprived of any usually authorized items or detainees in an SMU. Where reason for activity, a report of the action shall be concern exists, a qualified medical, or forwarded to the facility administrator for mental health professional shall conduct a notice and review. complete evaluation. 13. Detainees in SMU shall have regular

8. Detainees with serious mental illness may access to supervisory, management, not be automatically placed in an SMU on program and health care staff. the basis of such mental illness. Every effort shall be made to place detainees 14. Each detainee in an SMU shall be offered with serious mental illness in a setting in individual recreation or appropriate group or outside of the facility in which recreation time, unless documented appropriate treatment can be provided, security, safety, or medical considerations rather than an SMU, if separation from dictate otherwise. the general population is necessary 15. Detainees in SMU shall be able to write, 9. The status of detainees in SMUs shall be send and receive mail and correspondence reviewed by supervisory staff in as they would otherwise be able to do while detained within the general 2.12 | Special Management Units 179 PBNDS 2011 (As Modified by February 2013 Errata)

population. another language in which written material has not been translated or who 16. Detainees in SMU shall be provided is illiterate. opportunities for general visitation, including legal visitation, unless there are III. Standards Affected substantial, documented reasons for withholding those privileges. This detention standard replaces “Special Management Unit (Administrative 17. Detainees in SMU shall have access to Segregation)” and “Special Management personal legal materials, law library Unit (Disciplinary Segregation),” both dated materials and legal visits, in accordance 12/2/2008. with provisions in the PBNDS. 18. Detainees in SMU shall have access to IV. References telephones, in accordance with provisions American Correctional Association, in the PBNDS. Performance-based Standards for Adult 19. Detainees in SMU shall have access to Local Detention Facilities, 4th Edition: 4­ programs and services such as ALDF-2A-44 through 2A-66. commissary, library, religious guidance ICE/ERO Performance-based National and recreation, in accordance with Detention Standards 2011: provisions in the PBNDS. x “2.4 Facility Security and Control”; 20. Detailed records shall be maintained on x “2.6 Hold Rooms in Detention the circumstances related to a detainee’s Facilities”; confinement to the SMU, through required permanent SMU logs and x “2.10 Searches of Detainees”; individual detainee records. x “2.13 Staff-Detainee Communication”;

21.The applicable content and procedures in x “3.1 Disciplinary System”;” this standard shall be communicated to the detainee in a language or manner the x “4.5 Personal Hygiene”; detainee can understand. x “4.6 Significant Self-harm and Suicide All written materials provided to Prevention and Intervention”; detainees shall generally be translated x “5.1 Correspondence and Other Mail”; into Spanish. Where practicable, x “5.4 Recreation”; provisions for written translation shall be made for other significant segments of the x “5.6 Telephone Access”; population with limited English x “5.7 Visitation”; and proficiency. x “6.3 Law Libraries and Legal Material.” Oral interpretation or assistance shall be provided to any detainee who speaks V. Expected Practices

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A. Placement in Administrative presence in the general population poses a Segregation threat to life, property, self, staff, or other detainees; for the secure and orderly Administrative Segregation status is a operation of the facility; for medical reasons; nonpunitive status in which restricted or under other circumstances as set forth conditions of confinement are required only below. Some examples of incidents to ensure the safety of detainees or others, warranting a detainee’s assignment to the protection of property, or the security or administrative segregation include, but are good order of the facility. For matters of not limited to, the following. safety and security, staff may have to take immediate action to control a detainee, a. A detainee is awaiting an investigation or including placement in administrative a hearing for a violation of facility rules. segregation. Pre-disciplinary hearing detention shall be ordered only as necessary to prevent Detainees in administrative segregation further violation of those rules or to shall not be commingled with detainees in protect the security and orderly operation disciplinary segregation. of the facility. Each facility shall develop and follow written 1) Pre-disciplinary hearing detention is procedures, consistent with this standard, not to be used as a punitive measure. governing the management of its administrative segregation unit. These 2) Time served in pre-hearing detention procedures must document detailed reasons may be deducted from any time ordered for placement of an individual in by the Institutional Disciplinary Panel administrative segregation. Detainees and (IDP). the Field Office Director (or his designee) b. A detainee is a threat to the security of must be provided a copy of the the facility. The facility administrator may administrative segregation order. determine that a detainee’s criminal Prior to the detainee’s placement in record, past behavior at other institutions, administrative segregation, the facility behavior while in ICE/ERO detention, or administrator or designee shall review the other evidence is sufficient to warrant case to determine whether administrative placement of the detainee in segregation is in fact warranted. The facility administrative segregation. Copies of administrator may delegate to a supervisor records supporting this action shall be the authority to place a detainee in attached to the administrative segregation administrative segregation. order. 1. Reasons for Placement in Administrative c. A detainee requires protection. Protective Segregation custody may be initiated at the detainee’s request or by staff as needed to protect the A detainee may be placed in administrative detainee from harm. Each facility shall segregation when the detainee’s continued 2.12 | Special Management Units 181 PBNDS 2011 (As Modified by February 2013 Errata)

develop procedures to consider continued Use of administrative segregation to placement in protective custody as well as protect vulnerable populations shall be provisions for release from protective restricted to those instances where custody when appropriate. Frequently, the reasonable efforts have been made to types of detainees who require this type of provide appropriate housing and shall treatment include, but are not limited to: be made for the least amount of time practicable, and when no other viable 1) victims of detainee assaults; housing options exist, and as a last 2) detainee informants or witnesses (e.g., resort. Detainees who have been placed detainees who provide information to in administrative segregation for institutional staff or any law protective custody shall have access to enforcement agency concerning programs, services, visitation, counsel improper or criminal activities by and other services available to the others); general population to the maximum 3) sexual predators or other detainees extent possible. charged with a heinous or notorious d. A detainee is scheduled for release, crime; removal, or transfer within 24 hours. Such 4) detainees who have been pressured by segregation may be ordered for security other detainees to participate in sexual reasons or for the orderly operation of the activity; facility. 5) detainees who refuse to enter the e. The IDP may order a detainee into general population because of alleged administrative segregation following intimidation from other detainees; disciplinary segregation if it determines that releasing the detainee into the 6) detainees who refuse to return to the general population would pose a threat to general population, but who do not the detainee or security and orderly provide the reason for refusal; operation of the facility. A detainee 7) detainees who appear to be in danger of transferred from disciplinary segregation bodily harm; to administrative segregation shall enjoy 8) detainees who seek protection, claiming the same privileges as all other detainees to be former law enforcement officers or in administrative segregation, provided to have held sensitive law enforcement receipt of such privileges poses no threat positions, whether or not there is to the safety, security, or orderly operation official information to verify the claim; of the facility. or f. A medical professional who ordered a 9) detainees who request protective detainee removed from the general custody. population shall complete and sign an administrative segregation order (see 2.12 | Special Management Units 182 PBNDS 2011 (As Modified by February 2013 Errata)

below), unless the detainee is to stay in detainee can understand, unless delivery the medical department’s isolation ward. would jeopardize the safe, secure, or 2. Administrative Segregation Order orderly operation of the facility. A written order shall be completed and All written materials provided to approved by the facility administrator or detainees shall generally be translated designee before a detainee is placed in into Spanish. Where practicable, administrative segregation, except when provisions for written translation shall be exigent circumstances make such made for other significant segments of the documentation impracticable. In such cases, population with limited English an order shall be prepared as soon as proficiency. possible. Oral interpretation or assistance shall be b. Prior to a detainee’s actual placement in provided to any detainee who speaks administrative segregation, the facility another language in which written administrator or designee shall complete material has not been translated or who is the administrative segregation order illiterate (Form I-885 or equivalent), detailing the g. A copy of the administrative segregation reasons for placing a detainee in order shall also be immediately provided administrative segregation. to the Field Office Director or his c. In an emergency, the detainee’s placement designee. in administrative segregation may precede h. The order shall remain on file with the the paperwork, which the facility SMU until the detainee is returned to the administrator or designee shall prepare as general population. soon as possible after the detainee’s i. When the detainee is released from the placement. SMU, the releasing officer shall indicate d. All memoranda, medical reports and other the date and time of release on the relevant documents shall be attached to administrative segregation order. The the administrative segregation order. completed order shall then be forwarded e. If the segregation is ordered for protective to the Chief of Security for inclusion in the custody purposes, the order shall state detainee’s detention file. whether the detainee requested the 3. Review of Detainee Status in Administrative segregation, and whether the detainee Segregation requests a hearing concerning the All facilities shall implement written segregation. procedures for the regular review of all f. The administrative segregation order detainees held in administrative segregation, shall be immediately provided to the consistent with the procedures specified detainee in a language or manner the below.

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a. A supervisor shall conduct a review within provision would jeopardize the facility’s 72 hours of the detainee’s placement in safety, security, or orderly operations. The administrative segregation to determine detainee shall also be given an whether segregation is still warranted. opportunity to appeal a review decision to the facility administrator. 1) The review shall include an interview with the detainee. f. After seven consecutive days in administrative segregation, the detainee 2) A written record shall be made of the may exercise the right to appeal the decision and the justification. The conclusions and recommendations of any administrative segregation review review conducted to the facility (Form I-885) shall be used for the administrator. The detainee may use any review. standard form of written communication, 3) If the detainee has been segregated for for example, a detainee request, to file the his/her own protection, but not at the appeal. detainee’s request, the signature of the g. If a detainee has been in administrative facility administrator or assistant segregation for more than 30 days and facility administrator is required on the objects to that status, the facility Form I-885 to authorize the alien’s administrator shall review the case to continued detention. determine whether that status should b. A supervisor shall conduct an identical continue. This review shall take into review after the detainee has spent seven account the detainee’s views and shall days in administrative segregation, and result in a written record of the decision every week thereafter, for the first 30 days and its justification. A similar review shall and every 10 days thereafter, at a take place each 30 days thereafter. minimum. h. When a detainee has been held in c. The review shall include an interview with administrative segregation for more than the detainee, and a written record shall be 30 days, the facility administrator shall made of the decision and its justification. notify the Field Office Director, who shall d. When the reviewing authority concludes notify the ICE/ERO Deputy Assistant that the detainee should be removed from Director, Detention Management Division administrative segregation, he/she shall in writing. submit that recommendation to the B. Placement in Disciplinary Segregation facility administrator (or designee) for approval. To provide detainees in the general population a safe and orderly living e. A copy of the decision and justification for environment, facility authorities may each review shall be given to the detainee discipline anyone whose behavior does not unless, in exceptional circumstances, this comply with facility rules and regulations.

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Such discipline may involve temporary would jeopardize the safe, secure, or confinement in the SMU, apart from the orderly operation of the facility. general population. A detainee may be placed All written materials provided to in disciplinary segregation only by order of detainees shall generally be translated the IDP, or its equivalent, after a hearing in into Spanish. Where practicable, which the detainee has been found to have provisions for written translation shall be committed a prohibited act and only when made for other significant segments of the alternative dispositions may inadequately population with limited English regulate the detainee’s behavior. proficiency. 1. Duration Oral interpretation or assistance shall be The maximum sanction is 30 days in provided to any detainee who speaks disciplinary segregation per violation, except another language in which written in extraordinary circumstances, such as material has not been translated or who is violations of offense 101 through 109 listed illiterate. in the “Greatest” offense category in The order shall remain on file with the Appendix 3.1.A. After the first 30 days, and SMU until the detainee is returned to the each 30 days thereafter, the facility general population. administrator shall send a written justification for the continued segregation to c. When the detainee is released from the the Field Office Director. SMU, the releasing officer shall indicate the date and time of release on the 2. Disciplinary Segregation Order disciplinary segregation order. The A written order shall be completed and completed order shall then be forwarded signed by the chair of the IDP (or to the Chief of Security for inclusion in the disciplinary hearing officer) before a detainee detainee’s detention file. is placed into disciplinary segregation. 3. Review of Detainee Status in Disciplinary a. Prior to a detainee’s actual placement in Segregation disciplinary segregation, the IDP All facilities shall implement written chairman shall complete the disciplinary procedures for the regular review of all segregation order (Form I-883 or disciplinary segregation cases, consistent with equivalent), detailing the reasons for the following procedures: placing a detainee in disciplinary segregation. All relevant documentation a. A security supervisor, or the equivalent, must be attached to the order. shall interview the detainee and review his/her status in disciplinary segregation b. The completed disciplinary segregation every seven days to determine whether order shall be immediately provided to the the detainee: detainee in a language or manner the detainee can understand, unless delivery 1) Abides by all rules and regulations;

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and, identifying the reasons why the notice was not provided in writing. 2) Is provided showers, meals, recreation and other basic living standards, as c. The facility administrator and the Field required by this detention standard. Office Director shall review the status of a detainee in disciplinary segregation after b. The supervisor shall document his/her the first 30 days of segregation, and each findings after every review, by completing 30 days thereafter, to determine whether a disciplinary segregation review (Form I­ continued detention in disciplinary 887). segregation is warranted. 1) The supervisor may recommend the detainee’s early release from the SMU C. Logs and Records upon finding that time in disciplinary 1. Permanent SMU Log segregation is no longer necessary to A permanent log shall be maintained in the regulate the detainee’s behavior. SMU to record all activities concerning SMU 2) An early-release recommendation must detainees (e.g., meals served, recreational time, have the facility administrator’s visitors, etc.). approval before the detainee may be The SMU log shall record the detainee’s returned to the general population. In name, A-number, housing location, date conducting this review, the facility admitted, reasons for admission, status administrator will consider any request review dates, tentative release date (for by the detainee to present written detainees in disciplinary segregation), the evidence or available witnesses. The authorizing official, and date released. review shall take into account the These logs shall also be used by supervisory detainee’s views. staff and other officials to record their visits 3) The supervisor may shorten, but not to the unit. extend, the original sanction. 2.Visitors’ Log 4) All review documents shall be placed in A separate log shall be maintained in the the detainee’s detention file. SMU of all persons visiting the unit. This 5) After each formal review, the detainee separate record shall include notation of: shall be given a written copy of the a. the time and date of the visit, and reviewing officer’s decision and the b. any unusual activity or behavior of an basis for his/her finding, unless such a individual detainee, with a follow-up copy may result in a compromise of memorandum sent through the facility institutional security. If a written copy administrator to the detainee’s file. cannot be delivered, the detainee shall be advised of the decision orally, and 3. Special Management Housing Unit Record the detention file shall so note, The Special Management Housing Unit

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Record or comparable form shall be prepared Conditions of confinement are based on the immediately upon the detainee’s placement amount of supervision required to control a in the SMU. detainee and to safeguard the detainee, other a. The special housing unit officer shall detainees and facility staff. immediately record: **Detainees must be evaluated by a medical 1) whether the detainee ate, showered, professional prior to placement in an SMU. recreated and took any medication; and In every instance, any exceptions to these 2) any additional information, such as requirements shall be: whether the detainee has a medical 1. made only for the purpose of ensuring condition, or has exhibited detainee and facility staff safety and suicidal/assaultive behavior. security (i.e., not for purposes of 3) the officer that conducts the activity punishment); shall print his/her name and sign the 2. approved by a supervisor (or higher record. official); b. The facility medical officer shall sign each 3. on a temporary and situational basis, individual’s record when he/she visits a continued only for as long as it is justified detainee in the SMU. The housing officer by threat to the safety or security of the shall initial the record after the medical facility, its staff, or detainee population; visits are completed, but no later than the and end of the shift. 4. documented in the Permanent SMU Unit c. A new form must be created for each week log and, under circumstances specified the detainee is in the SMU. The completed later in this detention standard, weekly forms shall be retained at the documented in a memo which shall be SMU until the detainee is released from placed in the individual detainee’s the SMU. detention file. d. Upon a detainee’s release from the SMU, When a detainee in an SMU is deprived of the releasing officer shall attach that any usual authorized items or activity, a detainee’s entire housing unit record to report of the action shall be forwarded to the either the administrative segregation facility administrator for review. This report order or disciplinary segregation order shall be made part of the detainee’s and forward it to the Chief of Security or detention file. equivalent for inclusion into the detainee’s E. Translation/Interpretation Services detention file. Detainees shall be provided translation or D. Basic Requirements for All Special interpretation services while in the SMU, to Management Units assist with their understanding of the reason

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and conditions of confinement as well as times in accordance with the standards for their rights and responsibilities while in general population, consistent with safety confinement. and security. F. Special Needs 1. All SMU cells must be equipped with beds that are securely fastened to the cell floor Detainees in the SMU shall be provided or wall. SMU cells must also be conducive appropriate accommodations and to maintaining a safe and secure professional assistance for special conditions environment for all detainees, with as needed (e.g., medical, therapeutic, or particular emphasis on allowing for full mental health treatment), on an equal basis visibility and appropriate observation by as those in the general population. staff and wherever possible on eliminating G. Control of Contraband and Tools potential safety hazards such as sharp In accordance with procedures detailed in edges and anchoring devices. standard “2.4 Facility Security and Control,” 2. Conditions for close observation in a “dry each facility administrator is required to cell” without water are detailed in establish written policy and procedures to standard “2.10 Searches of Detainees.” control and secure SMU entrances, J. Personal Property contraband, tools and food carts. H. Cell Occupancy Each facility shall issue guidelines in accordance with this standard concerning Ordinarily, the number of detainees confined the property detainees may retain in each to each cell or room may not exceed the type of segregation. Generally, detainees in capacity for which it was designed. Under disciplinary segregation shall be subject to exigent circumstances, before approving any more stringent personal property restrictions additional cell occupancy on a temporary and control than those in administrative basis, the facility administrator shall consult segregation, given the non-punitive nature of with ICE/ERO Detention Management administrative segregation. Division, who shall consult with DHS/ICE K. Privileges legal counsel. If a decision is made to approve such additional cell occupancy, a Each facility shall issue guidelines in report of the action shall be filed with the accordance with this standard concerning facility and with the Field Office Director. the privileges detainees may have in each I. Cell Condition type of segregation. 1. Administrative Segregation Cells and rooms used for purposes of segregation must be well ventilated, Generally, these detainees shall receive the adequately lit, appropriately heated/cooled same privileges available to detainees in the and maintained in a sanitary condition at all general population, consistent with any safety and security considerations for

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detainees, facility staff and security. weekends and holidays. When space and resources are available, 2. The facility administrator (or designee) detainees in administrative segregation may shall visit each SMU daily. be provided opportunities to spend time 3. Program staff may visit a detainee upon outside their cells (in addition to the his/her request. required recreation periods), for such activities as socializing, watching TV and The facility administrator may require other playing board games, and may be assigned to staff to visit each detainee daily. work details (e.g., as orderlies in the SMU). N. Health Care

2. Disciplinary Segregation Health care personnel shall conduct face-to­ Generally, these detainees shall have fewer face medical assessments at least once daily privileges than other detainees in either the for detainees in an SMU. Where reason for general population or in administrative concern exists, assessments shall be followed segregation. More specifically, they are up with a complete evaluation by a qualified subject to more stringent personal property medical or mental health professional, and control including, but not limited to, indicated treatment. limitations on their reading material and Detainees with serious mental illness may television viewing (which may be completely not be automatically placed in an SMU on terminated), and restricted commissary or the basis of such mental illness. Every effort vending machine purchases. shall be made to place detainees with serious L. Close Supervision mental illness in a setting in or outside of the facility in which appropriate treatment can Detainees in SMU shall be personally be provided, rather than an SMU, if observed and logged at least every 30 separation from the general population is minutes on an irregular schedule. For cases necessary. that warrant increased observation, the SMU personnel shall personally observe Medical visits shall be recorded on the SMU detainees accordingly. (See also standard housing record or comparable form, and any “4.6 Significant Self-harm and Suicide action taken shall be documented in a Prevention and Intervention” and the “Dry separate logbook. A detainee’s mental health Cells” section in standard “2.10 Searches of status shall be reviewed and documented at Detainees.”) least once every 30 days. M. Supervisory and Staff Visits O. Meals

In addition to the direct supervision Detainees in SMU shall be provided three performed by unit staff: nutritionally adequate meals per day, according to the general population meal 1. The shift supervisor shall see each schedule and ordinarily from the same menu. segregated detainee daily, including on

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Deviation from meals served to the general harmful behavior to self or others, must population must be documented, including be documented, made part of the an explanation as to why SMU did not detainee’s file with the facility, and receive the same meal. reported to the Field Office Director to P. Clothing and Personal Hygiene implement necessary efforts to protect and care for the detainee. In accordance with standard “4.5 Personal Q. Correspondence Hygiene,” detainees in SMU may shave and shower at least three times weekly and In accordance with standard “5.1 receive other basic services such as laundry, Correspondence and Other Mail,” detainees hair care, barbering, clothing, bedding and in an SMU may write, send and receive linen equivalent to general population letters and other correspondence, in a detainees and consistent with safety and manner similar to those housed in the security of the facility. facility’s general population. 1. As needed, staff shall provide toilet tissue, R. Visitation a wash basin, tooth brush and shaving In accordance with standard “5.7 Visitation,” utensils, and may issue retrievable kits of while in an SMU, a detainee ordinarily toilet articles. retains visiting privileges. 2. A detainee may be denied such items as Segregated detainees may ordinarily use the clothing, mattress, bedding, linens, or visiting room during normal visiting hours. pillow for medical or mental health However, the facility may restrict or disallow reasons if his/her possession of such items visits for a detainee who violates visitation raises concerns for detainee safety and/or rules or whose behavior otherwise indicates facility security. the detainee would be a threat to the a. All denials of such items shall be security or the good order of the visiting documented. room. b. If a detainee is so disturbed that he/ she 1. Visitation may be restricted or disallowed is likely to destroy clothing or bedding, when a detainee in administrative or create a disturbance by risking harm segregation is charged with, or has been to self or others, the medical found to have committed a prohibited act department shall be notified related to visiting privileges, or has immediately and a regimen of otherwise acted in a way that would treatment and control shall be reasonably indicate that he/she would be a instituted by the medical staff, as threat to the orderliness or security of the necessary. visiting room. c. Extreme detainee behavior, such as 2. Under no circumstances may detainees destroying clothing or bedding or participate in visitation while in

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restraints. If the detainee’s behavior presents a safety or security risk or would warrants restraints, the visit may not be interfere with the orderly operation of the granted under general population visiting facility. Violent or uncooperative detainees conditions. may be temporarily denied access to 3. Where visits are restricted or disallowed, religious guidance. Staff shall advise the a report shall be filed with the facility religious service provider of the detainee’s administrator and ICE/ERO, and made present state of behavior before he/she part of the detainee’s file. agrees to visit the detainee. 4. Detainees in protective custody, and Each facility shall develop procedures to violent and disruptive detainees, shall not allow detainees to retain religious items use the visitation room during normal within their possession (e.g., religious visitation hours. In cases in which a visit wearing apparel, religious headwear, prayer would present an unreasonable security rugs, beads, prayer rocks, medallions) risk, visits may be disallowed for a consistent with good security practices. (See particular detainee. also standard “5.5 Religious Practices”). S. Legal Visits U. Reading Materials (Non-Legal)

In accordance with standard “5.7 Visitation,” Detainees in SMU shall have access to detainees in SMU may not be denied legal reading materials, including religious visitation. However, the facility materials. The Recreation Specialist shall administrator or designee may implement offer each detainee soft-bound, reading whatever security precautions are necessary materials of this type on a rotating basis. to protect the detainee and visitors and V. Legal Materials maintain good order. In such cases, staff Detainees in SMU shall have access to legal shall advise legal service providers and materials in accordance with standard “6.3 assistants of any security concerns as soon as Law Libraries and Legal Material.” possible. Detainees may retain all personal legal T. Religious Guidance material upon admittance to an SMU, In accordance with standard “5.5 Religious provided such material does not create a Practices,” detainees in an SMU shall be safety, security, or sanitation hazard. permitted to participate in religious Detainees with a large amount of personal practices, consistent with the safety, legal material may be required to place a security, and orderly operation of the facility. portion with their stored personal property, Detainees in an SMU shall be allowed visits with access permitted during scheduled by members of the clergy or other religious hours. Requests for access to such legal service providers, upon request, unless the material shall be accommodated as soon as supervisor determines that such a visit possible, but in no case more than 24 hours

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after receipt of the initial detainee request to The facility administrator shall notify retrieve documents, except in the event of ICE/ERO every time access is denied, with documented security reasons. documentation placed in the detention file. W. Law Library and Legal Rights Group In accordance with standard “6.4 Legal Presentations Access Rights Group Presentations,” facility staff and/or ICE/ERO shall notify detainees in In accordance with standard “6.3 Law segregation in advance of legal rights group Libraries and Legal Material,” detainees presentations and provide these detainees an housed in administrative segregation or opportunity to attend. Group legal rights disciplinary segregation units shall have the presentations shall be open to all detainees, same law library access as the general including detainees in SMUs, except when a population, unless compelling security particular detainee’s attendance may pose a concerns require limitations. security risk. If a detainee in segregation 1. Facilities may supervise the library use of cannot attend for this reason, designated a detainee housed in an SMU as facility staff shall make alternative warranted by the individual’s behavior. arrangements to offer a separate Violent or uncooperative detainees may be presentation and individual consultation to temporarily denied access to the law the detainee, if the detainee or the presenter library if necessary to maintain security, so requests. until such time as their behavior warrants X. Recreation resumed access. In some circumstances, legal material may be brought to Recreation for detainees housed in the SMU individuals in disciplinary segregation. shall be separate from the general population. As necessary or advisable to 2. Detainees segregated for protection must prevent assaults and to reduce management be provided access to legal materials. Such problems, recreation for some individuals detainees may be required to use the law shall be solitary and shall occur separate library separately or, if that is not from all other detainees. In accordance with feasible, legal materials must be brought standard “5.4 Recreation”: to them, upon request. 1. Detainees in the SMU for administrative 3. Denial of access to the law library must reasons shall be offered at least one hour be: of recreation per day, outside their cells a. supported by compelling security and scheduled at a reasonable time, at concerns; least seven days per week. Detainees in b. for the shortest period required for the SMU for disciplinary reasons shall be security; and offered at least one hour of recreation per day, outside their cells and scheduled at a c. fully documented in the SMU housing reasonable time, at least five days per logbook. 2.12 | Special Management Units 192 PBNDS 2011 (As Modified by February 2013 Errata)

week. items or activity), a written report of **Detainees in the SMU for administrative the action shall be forwarded to the reasons shall be offered at least two hours facility administrator. Denial of of exercise per day, seven days a week, recreation must be evaluated daily by a unless documented security, safety or shift supervisor. medical considerations dictate otherwise. b. A detainee in disciplinary segregation **Detainees in the SMU for disciplinary may temporarily lose recreation reasons shall be offered at least one hour of privileges upon a disciplinary panel’s exercise per day, seven days a week, unless written determination that he/she poses documented security, safety or medical an unreasonable risk to the facility, considerations dictate otherwise. himself/herself, or others.

2. Where cover is not provided to mitigate c. When recreation privileges are inclement weather, detainees shall be suspended, the disciplinary panel or provided weather-appropriate equipment facility administrator shall provide the and attire detainee written notification, including the reason(s) for the suspension, any 3. The recreation privilege shall be denied or conditions that must be met before suspended only if the detainee’s restoration of privileges, and the recreational activity may unreasonably duration of the suspension provided the endanger safety or security: requisite conditions are met for its a. A detainee may be denied recreation restoration. privileges only with the facility d. The denial of recreation privileges shall administrator’s written authorization, be included as part of the regular documenting why the detainee poses an reviews required for all detainees in unreasonable risk even when recreating SMU status. In accordance with SMU alone. However, when necessary to procedures, and using the forms control an immediate situation for required by this standard, the reasons of safety and security, SMU reviewer(s) shall state, in writing, staff may deny an instance of whether the detainee continues to pose recreation, upon verbal approval from a threat to self, others, or facility the shift supervisor, and shall security and, if so, why. document the reasons in the unit e. Denial of recreation privileges for more logbook(s). The supervisor may also than seven days requires the require additional written concurrence of the facility documentation from the SMU staff for administrator and a health care the facility administrator. When a professional. It is expected that such detainee in an SMU is deprived of denials shall rarely occur, and only in recreation (or any usual authorized

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extreme circumstances. according to the facility schedule. Any denial f. The facility shall notify the Field Office of telephone access shall be documented. Director in writing when a detainee is In general, any detainee in an SMU may be denied recreation privileges in excess of reasonably restricted from using or having seven days. access to a phone if that access is used for Y. Telephone Access criminal purposes or would endanger any person, or if the detainee damages the As detailed in standard “5.6 Telephone equipment provided. In such instances, staff Access,” detainees in SMU shall have access must clearly document why such restrictions to telephones in a manner that is consistent are necessary to preserve the safety, security with the special safety and security and good order of the facility. Detainees in requirements of such units. Detainees shall disciplinary segregation may be restricted, be permitted to place calls to attorneys, other as part of the disciplinary process, from legal representatives, courts, government using telephones to make general calls. offices (including the DHS Office of the However, even in disciplinary segregation, Inspector General, DHS Office for Civil detainees shall have telephone access for Rights and Civil Liberties, ICE/OPR Joint special purposes. Intake Center, and embassies or consulates,

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2.13 Staff-Detainee The expected outcomes of this detention standard are as follows (specific Communication requirements are defined in “V. Expected Practices”). I. Purpose and Scope 1. Detainees shall have frequent This detention standard enhances security, opportunities for informal contact with safety and orderly facility operations by facility managerial and supervisory staff encouraging and requiring informal direct and with ICE/ERO Field Office staff. and written contact among staff and 2. Facility managerial and supervisory staff detainees, as well as informal supervisory and ICE/ERO Field Office staff shall observation of living and working conditions. directly observe facility operations and This standard also requires the posting of conditions of confinement. hotline informational posters from the 3. Detainees shall be able to submit written Department of Homeland Security (DHS) questions, requests, grievances and Office of the Inspector General (OIG). concerns to ICE/ERO staff and receive This detention standard applies to the timely responses. following types of facilities housing ERO 4. Detainees shall be informed how to detainees: directly contact DHS/OIG. x Service Processing Centers (SPCs); 5. Detainee telephone serviceability shall be x Contract Detention Facilities (CDFs); monitored and documented by ICE staff, and and any problems shall be reported x State or local government facilities used immediately. by ERO through Intergovernmental 6. The applicable content and procedures in Service Agreements (IGSAs) to hold this standard shall be communicated to detainees for more than 72 hours. the detainee in a language or manner the Procedures in italics are specifically required detainee can understand. for SPCs, CDFs, and Dedicated IGSA All written materials provided to facilities. Non-dedicated IGSA facilities detainees shall generally be translated must conform to these procedures or adopt, into Spanish. Where practicable, adapt or establish alternatives, provided provisions for written translation shall be they meet or exceed the intent represented made for other significant segments of the by these procedures. population with limited English Various terms used in this standard may be proficiency. defined in standard “7.5 Definitions.” Oral interpretation or assistance shall be II. Expected Outcomes provided to any detainee who speaks another language in which written

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material has not been translated or who is staff, using the detainee request form, a local illiterate. IGSA form, or a sheet of paper. III. Standards Affected Facilities must also allow any ICE/ERO detainee dissatisfied with the facility’s This detention standard replaces the response to file a grievance appeal and standard on “Staff-Detainee Communication” communicate directly with ICE/ERO. dated 12/2/2008. Such informal written requests are not IV. References intended as a substitute for the more formal process specified in standard “6.2 Grievance American Correctional Association, System.” However, informal written requests Performance-based Standards for Adult may be used to resolve informal grievances, Local Detention Facilities, 4th Edition: 4­ as described in that standard. ALDF-2A-05, 2A-06, 2A-12, 5A-03. To prepare a written request, a detainee may V. Expected Practices obtain assistance from another detainee, the A. Staff and Detainee Contact housing officer, or other facility staff and may, if he/she chooses, seal the request in an ICE/ERO detainees shall not be restricted envelope that is clearly addressed with from having frequent informal access to and name, title, and/or office to which the request interaction with key facility staff members, is to be forwarded. as well as key ICE/ERO staff, in a language Each facility administrator shall: they can understand. ICE/ERO staff members shall announce their presence when x Ensure that adequate supplies of entering a housing unit. detainee requests forms, envelopes and writing implements are available. The local supplement to the detainee handbook shall include contact information x Have written procedures to promptly for the ICE/ERO Field Office and the route and deliver detainee requests to scheduled hours and days that ICE/ERO the appropriate ICE/ERO officials by staff is available to be contacted by detainees authorized personnel (not detainees) at the facility. The same information shall be without reading, altering, or delaying posted in the living areas (or “pods”) of the such requests. facilities. Posted contact information shall be x Ensure that the standard operating updated quarterly or more frequently as procedures accommodate detainees with necessary to reflect changes in ICE/ERO special assistance needs based on, for personnel. example, disability, illiteracy, or limited B. Written Detainee Requests to Staff use of English. When language services are needed, the facility should use Detainees may submit written questions, qualified interpretation services when requests, grievances or concerns to ICE/ERO

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an employee needs to communicate with and action, was returned to the detainee; a limited English proficient person. g. any other pertinent site-specific x The facility shall provide a secure drop- information, including detention condition box for ICE detainees to correspond complaints; directly with ICE management. Only h. specific reasons why the detainee’s ICE personnel shall have access to the request is urgent and requires a faster drop-box. response; and 1. Response Times i. the date the request was forwarded to a. In Facilities with ICE/ERO Onsite ICE/ERO and the date it was returned Presence shall also be recorded. The ICE/ERO staff member receiving the A copy of each completed detainee request request shall normally respond in person shall be filed in the detainee’s detention file or in writing as soon as possible and and be retained there for three years at practicable, but no later than within three minimum. Copies of confidential requests (3) business days of receipt. shall be maintained in the A-file. b. In Facilities without ICE/ERO Onsite 3. Detainee Handbook Presence Each detainee request shall be forwarded to the ICE/ERO office of As required by standard “6.1 Detainee jurisdiction within two business days and Handbook,” each facility’s handbook (or answered as soon as practicable, in person supplement) shall advise detainees in a or in writing, but no later than within language or manner that they understand of three business days of receipt. All dates the procedures to submit written questions, shall be documented. requests, or concerns to ICE/ERO staff, as well as the availability of assistance to 2. Record Keeping and File Maintenance prepare such requests. All requests shall be recorded in a logbook C. Monitoring Detainee Telephone (or electronic logbook) specifically designed Services for that purpose. At a minimum, the log shall record: Field Office Directors shall ensure that all a. date of receipt; phones for detainee use are tested at least weekly in accordance with standard “5.6 b. detainee’s name; Telephone Access.” c. detainee’s A-number; Staff shall report any telephone d. detainee’s nationality; serviceability problem within 24 hours to the appropriate ICE point of contact. e. name of the staff member who logged the request; Staff shall document each serviceability test on a form that has been provided by ERO, f. date that the request, with staff response 2.13 | Staff-Detainee Communication 197 PBNDS 2011 (As Modified by February 2013 Errata)

and each Field Office shall maintain those facilities that house ICE/ERO detainees. forms, organized by month, for three years. Each Field Office shall maintain a master D. OIG Hotline Informational Posters copy from which additional copies may be duplicated as needed. DHS/OIG periodically revises a “DHS OIG 3. The facility administrator shall ensure Hotline” poster which is to be posted in that posters are mounted in every housing facilities that house ICE/ERO detainees. unit and in appropriate common areas 1. The chief of the Detention Standards (e.g., recreation areas, dining areas, Compliance Unit in the ERO headquarters processing areas). Detention Management Division is 4. During staff-detainee communication designated as the contact point for visits, ICE/ERO staff shall verify the coordination with OIG and is responsible presence of posters at designated locations for distribution of hotline posters to Field and shall ensure that any missing or Office Directors. destroyed posters are replaced as soon as 2. Field Office Directors shall distribute possible. sufficient numbers of the posters to all

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2.14 Tool Control requirements are defined in “V. Expected Practices”). I. Purpose and Scope 1. Tools, maintenance implements, culinary This detention standard protects detainees, utensils, medical and dental instruments, staff, contractors and volunteers from harm equipment and supplies (particularly and contributes to orderly facility operations syringes, needles and other sharps) shall by maintaining control of tools, culinary be maintained on an inventory, and utensils and medical and dental continually controlled and accounted for instruments, equipment and supplies. to ensure the safe and orderly operation of the facility. This detention standard applies to the following types of facilities housing ERO III. Standards Affected detainees: This detention standard replaces “Tool x Service Processing Centers (SPCs); Control” dated 12/2/2008. x Contract Detention Facilities (CDFs); IV. References and American Correctional Association, x State or local government facilities used Performance-based Standards for Adult by ERO through Intergovernmental Local Detention Facilities, 4th Edition: 4­ Service Agreements (IGSAs) to hold ALDF-2D-02, 2D-03. detainees for more than 72 hours. Procedures in italics are specifically required V. Expected Practices for SPCs and CDFs. IGSA facilities must A. Control, Care and Accountability for conform to these procedures or adopt, adapt Tools or establish alternatives, provided they meet or exceed the intent represented by these 1. Prevents their use in escape attempts, as procedures. weapons, and in other ways that can be hazardous to individual safety or the good For all types of facilities, procedures that order of the facility. appear in italics with a marked (**) on the page indicate optimum levels of compliance 2. Improves the appearance of shop and for this standard. construction areas. Various terms used in this standard may be 3. Helps ensure that tools are in good repair defined in standard “7.5 Definitions.” when needed. II. Expected Outcome 4. Reduces costs of tool maintenance and inventory. The expected outcomes of this detention 5. Holds detainees accountable for tools that standard are as follows (specific have been assigned to them.

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B. Written Policy and Procedures tool classification system. Required Tools are assigned one of two categories: Each facility administrator shall develop and 1. restricted (class “R”)— implement a written tool control system that dangerous/hazardous tools; and establishes the following: 2. non-restricted—non-hazardous tools. 1. a staff position responsible for: Class “R” tools include: a. developing and implementing tool 1. tools too dangerous for detainees to handle control procedures, and without constant staff supervision; b. establishing an inspection system to 2. tools to which detainee access is ensure accountability; prohibited; The facility administrator shall 3. tools that could facilitate an escape or an delegate these responsibilities to the escape attempt; Chief of Security and shall also assign, in writing, the duties of tool control 4. tools that are useful in making weapons, officer to a staff member of the Facility could double as weapons, or are capable of Maintenance Department; causing serious bodily harm; 2. a tool classification system; 5. power hand tools, with or without cords; and 3. procedures for marking tools so they are readily identifiable; 6. other tools which are generally hazardous to facility security or personal safety. 4. procedures for storing tools; Examples of restricted tools include: 5. procedures and schedules for regular inventories of tools; 1. metal cutting blades; 6. procedures for issuing tools to staff and 2. mixing chambers; detainee workers; 3. bolt cutters; 7. procedures governing lost tools; 4. ramset gun and ammunition (stored in 8. procedures for surveying and destroying armory only); excess, broken, or worn-out tools; and 5. diamond-tipped tools; 9. procedures for inspecting and controlling 6. core drills; tools and equipment brought into the 7. drills; facility temporarily (e.g., repair and maintenance workers, sports teams.) 8. circular saws; and C. Tool Classification 9. knives and other sharp culinary utensils.

The facility shall develop and implement a The facility administrator shall establish a

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policy document on facility tool use and Staff shall: storage that includes separate, 1. restrict the supply of acetylene entering comprehensive, alphabetical lists of both the facility to the amount needed in a restricted and non-restricted tools. single day; and

1. The lists shall indicate which of the listed 2. at the end of each workday, store the used tools are available on-site, describe them and unused acetylene tanks outside the by type, and specify tool sizes. secured perimeter in accordance with 2. The lists shall be kept current by applicable codes, standards and formatting them as attachments to the regulations (Occupational Safety and policy document, and shall be maintained Health Administration’s industrial safety and updated electronically. regulations, etc.). 3. The lists shall be updated and distributed F. Departmental Responsibilities at least quarterly. At a minimum, the following departments Tools included in tool sets and tools sized shall maintain tool inventories: sequentially in standard increments may 1. Facility Maintenance Department; appear as a single listing. For example: 2. Medical Department; x drill bits, metal/wood 1/32”-7/8” 3. Food Service Department; x drill bits, metal/wood 7/16”-7/8” 4. Electronics Shop; x wrench, comb. box/open end 1/4”-7/16” 5. Recreation Department; and x wrench, comb. box/open end 7/16”-7/8” 6. Armory When a single set listing is insufficiently clear, each tool must be listed separately— Each department head is responsible for for example, if a facility had a single implementing tool control procedures in that “wrench, combination box/open end, 1 7/8 department, and the following procedures inches” but not the smaller or larger sizes; or are specifically required of the facility had several wrenches in different sizes, but maintenance department head, health without standard size differences. services administrator (HSA), food service manager, electronics technician, recreation D. Daily Removal and Storage of Class “R” specialist and senior firearms instructor: Tools 1. prepare a computer-generated inventory Staff shall remove restricted tools from work of all class “R” tools in the maintenance areas at the end of each workday for restricted-tool room, the medical facility, safekeeping in a secure tool room, the the food service department, the armory, or the control center. electronics work area, recreation areas E. Acetylene and the armory;

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2. post a copy of the class “R” tool inventory H. Storage in Work Areas with the equipment in a prominent The facility administrator shall establish position in the equipment area; written procedures for a tool-storage system 3. submit a second copy of the inventory to that ensures accountability. Commonly used, the Chief of Security; mounted tools shall be stored so that a tool’s 4. retain a third copy in the department; disappearance shall not escape attention. 5. review and where necessary revise the 1. Work-detail supervisors shall account for class “R” tool inventory on a regular all tools at the end of every work period. schedule: 2. Shadow boards shall provide storage for a. weekly—food service, tools that can be mounted, as follows: b. monthly—facility maintenance, a. one tool per shadow; medical, and b. tool and shadow identical in size and c. quarterly—electronics work area, shape; and recreation areas, armory; c. color-coded: 6. forward a copy of the inventory report to 1) white backgrounds for all shadow the facility administrator; boards 7. report missing tools in accordance with 2) red shadows for restricted tools procedures specified below; and 3) black shadows for non-restricted 8. include on all inventory sheets the date of tools issuance/revision. 3. When a tool is removed from the G. Tool Identification inventory, its shadow shall likewise be The facility administrator shall establish removed from the shadow board; written procedures for marking tools and 4. Shadow boards accessible to detainees making them readily identifiable. shall have expanded-metal covers and shall be locked when not in use; 1. The tool control officer shall mark every tool in every work location with a symbol 5. All restricted tools shall be secured in a signifying its storage location (e.g., central tool room, isolated from the “armory,” “control center”). Some tools housing units; shall require AMIS bar-coding. 6. If maintenance workers are assigned 2. Tools too small, fragile, or otherwise personal shadow boards, the boards must susceptible to damage (e.g., surgical have expanded-metal covers; instruments, micrometers, small drill bits) 7. Infrequently used tools may be stored in shall be inventoried and kept in locked individual tool cages with shadow boards, storage when not in use. secured by hasp and padlock: 2.14 | Tool Control 202 PBNDS 2011 (As Modified by February 2013 Errata)

a. they must be included in the regular administrator shall develop site-specific inventory checks; procedures (e.g., storing the tools at the b. a tag shall indicate the tool has been rear sally port until picked up and removed from its cage and a sign-in/out receipted by the tool control officer). The board shall indicate area, date, times tool control officer shall immediately place and user; certain tools (e.g., band saw blades, files and all restricted tools) in secure storage. c. the staff member responsible shall

maintain an inventory sheet in the tool 2. New tools shall be issued only after the cage and provide a copy to the tool tool control officer has marked and control officer; inventoried them. Inventories that include any portable power tools shall provide d. Tools not adaptable to shadow boards brand name, model, size, description and shall be kept in a locked drawer or inventory control/AMIS number. cabinet; J. Tool Inventories e. Staff shall not open sterile packs for inventory or any other non-medical The facility administrator shall schedule and reason, except when tampering or theft establish procedures for the quarterly is suspected, in which case staff shall inventorying of all tools. Facilities shall use contact the health services department inventory control number/AMIS bar code before opening a pack from which labels as necessary. instruments may have been removed. 1. Inventory maintenance at each work To prevent such incidents, sterile packs location is the responsibility of the detail shall be stored under lock and key at all supervisor and department head. times; and 2. The work detail supervisor or staff f. Individual toolboxes containing tools member assigned a toolbox shall be used on a daily basis must be secured accountable for the control of his/her with hasp and padlock. The individual assigned tools on a daily basis. responsible for the toolbox shall keep an 3. Any tool permanently removed from inventory sheet in the toolbox, and the service shall be turned in to the tool tool control officer shall maintain copies control officer for record keeping and safe of all such inventory sheets. disposal. I. Receipt of Tools 4. Tool inventories shall be numbered and 1. If the warehouse is located outside the posted conspicuously on all corresponding secure perimeter, the warehouse shall shadow boards, toolboxes and tool kits. receive all tool deliveries. While all posted inventories must be If the warehouse is located within the accurate, only the master tool inventory secure perimeter, the facility sheet in the office of the Chief of Security

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requires the certifiers’ signatures. checked and all inventories completed. 5. Tools in current use shall be inventoried 6. Inventory Files in accordance with the following schedule: The facility administrator’s designee shall maintain a separate file folder for each a. Annual shop or area in which tools are stored. Once each year at a minimum, the tool control officer and employees a. The left side of the folder shall contain responsible for tools shall together the master tool inventory sheet(s). inventory all tools/equipment on-site. When an addition or deletion is made to 1) Each inventory-taker shall certify the master inventory, the page on with name, title and identification which the change is made shall be number the accuracy of that completely retyped or reprinted and inventory. Certification must be inserted into the master inventory. approved by the facility maintenance Staff shall not destroy any of the supervisor and Chief of Security. original pages, but shall move them to the right side of the folder for future 2) The tool control officer shall provide reference. the Chief of Security a complete set of the separate inventories (e.g., b. The right side of the folder shall also restricted tools, non-restricted tools) contain documentation including, but referred to as the Master Tool not limited to: Inventory Sheet. 1) lost or missing tool reports; b. Quarterly 2) requests for inventory additions or To ensure the accuracy and deletions; completeness of current inventory 3) survey requests and reports; listings and check the condition of shadows and markings, every three 4) store room requisition forms; and months the employees responsible for 5) any other document directly related tools shall conduct verification to site-specific tool control procedures. inventories and initial the appropriate c. When the annual inventory is column on the master tool inventory completed, staff shall place the form on sheet in the Office of the Chief of the left side of the folder and move the Security. previous year’s to the right side. Each The Chief of Security shall assign an folder shall contain the materials for the officer to monitor the quarterly current year plus the preceding two inventories. This officer shall clearly years, with a divider to separate the initial the bottom of each form annual records. certifying that the records have been 7. Tools Used by Contractors

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Staff shall conduct an inventory of all 10. Tool and Equipment Accountability contractor tools upon their arrival and All tools and equipment shall be departure. The Chief of Security shall accounted for and documented on a establish control procedures, particularly regular basis. for restricted tools. The Chief of Security, K. Issuing Tools facility maintenance supervisor and construction foreman shall maintain Each facility shall have procedures in place copies of all such inventories and control for the issuance of tools to staff and procedures. detainees; security issues of restricted and unrestricted tools; and control of ladders, 8. Tools Purchased from Surplus Property extension cords and ropes. Tools purchased or acquired from surplus property shall be stored in the designated 1. The Chief of Security shall issue a secure storage area. The responsible restricted tool only to the individual who employee shall maintain a continual shall be using it. inventory of unmarked or excess tools 2. Detainees may use non-restricted tools returned to secure storage for issue or under intermittent supervision; however, reissue. The tool control officer has sole the detail supervisor shall account for all authority to draw tools from this source. tools at the end of every work period. Any such tools kept in the tool control A metal or plastic chit receipt shall be officer’s storage area shall be registered in 3. taken for all tools issued, and when a tool a continual inventory. is issued from a shadow board, the receipt 9. Control and Inventory of Certain Items chit shall be visible on the shadow board. Not Classified as Tools Other items that require strict property 4. The facility administrator shall establish management controls, like weapons (other site-specific procedures for the control of than firearms), chemical agents, ladders, extension cords, ropes and hoses, restraints, other use-of-force and according to the following procedures: disturbance control equipment, a. all ladders, extension cords, ropes and binoculars, communication equipment and hoses over three feet long shall be similar items shall be inventoried (with stored in the designated location when serial numbers), maintained, issued and not in use; disposed of in accordance with the b. every staff member supervising the use procedures for tools established herein. of extension ladder and/or heavy Control, inventory, maintenance and equipment shall have at his/her destruction of ICE firearms are governed disposal a portable two-way radio; by the ICE Interim Firearms Policy c. ladders shall be inventoried and stored (7/7/2004). by size to facilitate inspection and

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handling; 2. When the tool is a restricted (class “R”) tool, staff shall inform the shift supervisor d. extension cords must be inventoried orally immediately upon discovering the and have a metal or plastic tag loss. A. Any detainee(s) who may have had attached, indicating issue number (by access to the tool shall be held at the work location) and length of cord; location pending completion of a thorough e. extension cords longer than 10 feet search. shall be classified and handled as Class 3. When a medical department tool or “R” tools; and equipment item is missing or lost, staff f. in high-rise facilities, electrical cords shall immediately inform the HSA, who attached to buffers, vacuum cleaners, shall make the immediate verbal etc., may not exceed two feet. notification to the Chief of Security or shift 5. Scissors used for in-processing shall be supervisor and written notification to the securely tethered to the fixture at which facility administrator. they are used. 4. The shift supervisor’s office shall maintain 6. Issuance of tools from a storage location a lost-tool file, monitor the individual for a specified project for extended periods reports for accuracy, ascertain any requires approval of the Chief of Security. unusual patterns or occurrences of loss in The work detail supervisor shall conduct one or more shops, document search daily on-site checks of extended-use tools efforts, and send written notification to issued from the central tool room, and the the Chief of Security. facility maintenance supervisor shall 5. On the day a tool is recovered, staff shall conduct such checks monthly at a complete the lost or missing tool report minimum. and send copies to the Chief of Security L. Lost Tools and shift supervisor. 6. The facility administrator shall implement The facility administrator shall develop and quarterly evaluations of lost/missing tool implement procedures governing lost tools, files, reviewing the thoroughness of including, verbal and written notification to investigations and efforts to recover tools. supervisory officials, addressing detainees Documentation of the quarterly with prior access to the tool(s) in question, evaluations shall be maintained on the and documentation and review. right side of the tool inventory folder for 1. When a restricted or non-restricted the shop or area concerned. tool is missing or lost, staff shall notify a supervisor immediately and the M. Disposition of Excess Tools Chief of Security in writing as soon as All broken or worn-out tools shall be possible. surveyed and destroyed in accordance with

2.14 | Tool Control 206 PBNDS 2011 (As Modified by February 2013 Errata)

the written procedures established by the Maintenance Workers facility administrator. Before entering or leaving the facility, all 1. The tool control officer or security officer visitors, including repair and maintenance shall implement procedures for storing workers who are not ICE/ERO or facility broken and/or worn-out tools in a secure employees, shall submit to an inspection and area, pending survey and disposition. inventory of all tools, tool boxes and 2. Excess tools not being surveyed shall equipment that could be used as weapons. remain in a designated secure storage Contractors shall retain a copy of the tool area until included in a subsequent survey inventory while inside the facility. or returned to use. An officer shall accompany non-employee 3. To maintain tool inventories at the most workers in the facility to ensure that security efficient operating level, staff in every and safety precautions and procedures are shop and department shall identify and followed at all times, including removing move to a secure storage area all rarely tools at the end of each shift. used tools. Bin cards shall account for the Before a detainee, employee, or contractor tools moved from shop to storage areas. may enter a housing unit, the housing officer 4. Either the tool control officer or security shall inventory tools and similar items to be key control officer shall be responsible for carried into that unit and then, before destroying all surveyed tools. departure from the unit, verify their removal 5. The office of the Chief of Security shall in a second inventory. The housing officer maintain records of all tool surveys. shall immediately report discrepancies to the shift supervisor. N. Private/Contract Repair and

2.14 | Tool Control 207 PBNDS 2011 (As Modified by February 2013 Errata)

2.15 Use of Force and Procedures in italics are specifically required for SPCs, CDFs, and Dedicated IGSA Restraints facilities. Non-dedicated IGSA facilities must conform to these procedures or adopt, I. Purpose and Scope adapt or establish alternatives, provided This detention standard authorizes staff to they meet or exceed the intent represented use necessary and reasonable force after all by these procedures. reasonable efforts to otherwise resolve a Various terms used in this standard may be situation have failed, for protection of all defined in standard “7.5 Definitions.” persons; to minimize injury to self, detainees, staff and others; to prevent escape or serious II. Expected Outcomes property damage; or to maintain the security The expected outcomes of this detention and orderly operation of the facility. standard are as follows (specific Staff shall use only the degree of force requirements are defined in “V. Expected necessary to gain control of detainees and, Practices”): under specified conditions, may use physical 1. Physical force shall only be used, when restraints to gain control of a dangerous both necessary and reasonable, detainee. 2. Facilities shall endorse confrontation This detention standard does not specifically avoidance as the preferred method for address the use of restraints for medical or resolving situations, always to be mental health purposes, which is addressed attempted prior to any calculated use of by standard “4.3 Medical Care.” force. Canine units, where available, may be used 3. Physical force shall only be used to the for contraband detection, but their use for minimum extent necessary to restore force, control, or intimidation of detainees is order, protect safety and provide security. prohibited. 4. Physical force or restraint devices shall This detention standard applies to the not be used as punishment. following types of facilities housing ERO detainees: 5. Restraints shall not be applied without approval in those circumstances for which x Service Processing Centers (SPCs); prior supervisory approval is required. x Contract Detention Facilities (CDFs); 6. Four/five-point restraints shall be applied and only in extreme circumstances and only x State or local government facilities used when other types of restraints have by ERO through Intergovernmental proven ineffective. Advance approval is Service Agreements (IGSAs) to hold required, as is prompt notification of and detainees for more than 72 hours. examination by the medical staff. Use of

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these restraints shall be continued only in 13. Canines shall not be used for force, accordance with required procedures and control, or intimidation of detainees. documentation. 14. The applicable content and procedures in 7. Intermediate force devices shall be used this standard shall be communicated to only in circumstances prescribed herein. the detainee in a language or manner the detainee can understand. 8. In each facility, all weapons and related equipment shall be stored securely in All written materials provided to designated areas to which only authorized detainees shall generally be translated persons have access. into Spanish. Where practicable, provisions for written translation shall be 9. In each facility, chemical agents and made for other significant segments of the related security equipment shall be population with limited English inventoried at least once per month to proficiency. determine their condition and expiration dates. Oral interpretation or assistance shall be provided to any detainee who speaks 10. In each facility, a written record of another language in which written routine and emergency distribution of material has not been translated or who security equipment shall be maintained. is illiterate. 11. An employee shall submit a written report no later than the end of his/her III. Standards Affected shift when force was used on any detainee This detention standard replaces “Use of for any reason, or if any detainee remains Force” dated 12/2/2008. in any type of restraints at the end of that shift. This documentation includes IV. References written report of discharge of a firearm American Correctional Association, and use of less lethal devices to control Performance-based Standards for Adult detainees. Local Detention Facilities, 4th Edition: 4­ 12. Telephonic notification to the Field Office ALDF-2B-01, 2B-02, 2B-03, 2B-04, 2B-05, Director shall occur as soon as 2B-06, 2B-07, 2B-08, 2C-01, 2C-02, 2C-06, practicable. Documentation shall be 7B-15, 7B-16. submitted to the Field Office Director ICE Interim “Use of Force Policy” (7/7/2004), within two business days via an ICE- as amended or updated. approved form or equivalent, of any use­ of-force incident involving an ICE DHS “Use of Deadly Force Policy” detainee. Appropriate documentation (06/25/2004). shall be maintained when physical force National Enforcement Standard, “Use of is used. Intermediate Force.”

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V. Expected Practices property damage. Restraints shall be applied for the least amount of time A. Overview necessary to achieve the desired behavioral 1. Use of force in detention facilities is never objectives. used as punishment, is minimized by staff 2. Under no circumstances shall staff use attempts to first gain detainee force or apply restraints to punish a cooperation, is executed only through detainee. approved techniques and devices, and 3. Staff shall attempt to gain a detainee’s involves only the degree necessary and willing cooperation before using force. reasonable to gain control of a detainee or provide for self-defense or defense of a 4. Staff shall use only that amount of force third person. necessary and reasonable to gain control of a detainee. 2. Various levels of force may be necessary and reasonable, depending on the totality 5. Staff may immediately use restraints, if of the circumstances. warranted, to prevent a detainee from harming self or others or from causing 3. Generally, use of force is either serious property damage. immediate or calculated; calculated force is preferable in most cases as it is most 6. Detainees subjected to use of force shall be likely to minimize harm to detainees or seen by medical staff as soon as possible. staff. If the use of force results in an injury or claim of injury, medical evaluation shall 4. Use of force may involve physical control be obtained and appropriate care and placement of a detainee in secure provided. housing, and/or the application of various types and degrees of restraint devices. 7. Facility Administrator approval is required for continued use of restraints, if 5. Follow-up (e.g., medical attention), they are considered necessary, once a documentation (e.g., audiovisual recording detainee is under control. for calculated use of force), reporting and an after-action review are required for 8. Staff may apply additional restraints to a each incident involving use of force. detainee who continues to resist after staff achieve physical control. If a restrained B. Principles Governing the Use of Force detainee refuses to move or cannot move and Application of Restraints because of the restraints, staff may lift and 1. Instruments of restraint shall be used only carry the detainee to the appropriate as a precaution against escape during destination. Staff may not use the transfer; for medical reasons, when restraints to lift or carry the detainee. If directed by the medical officer; or to feasible, an assistive device (e.g., prevent self-injury, injury to others, or ambulatory chair, gurney) shall be used to

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help move the restrained detainee. issues requiring specific precautions. 9. Staff may not remove restraints until the 15. Deadly force may be used only when an detainee is no longer a danger to himself officer has probable cause that the or others. detainee poses an imminent danger of death or serious physical injury to the 10. Staff may not use restraint equipment or officer or to another person. Deadly force devices (e.g., handcuffs): may not be used solely to prevent the a. on a detainee’s neck or face, or in any escape of a fleeing suspect. manner that restricts blood circulation or obstructs the detainee’s airways (e.g., C. Use-of-Force Continuum mouth, nose, neck, esophagus). See “V. The Use-of-Force Continuum is a five-level Expected Practices.”E below for more model used to illustrate the levels of force information; or staff may use to gain control of a detainee. b. to cause physical pain or extreme The levels are: discomfort. While some discomfort may 1. Staff Presence without Action be unavoidable even when restraints 2. Verbal Commands are applied properly, examples of prohibited applications include: 3. Soft Techniques improperly applied restraints, Techniques from which there is minimal unnecessarily tight restraints, “hog­ chance of injury (e.g., grasping, using tying,” and fetal restraints (i.e., cuffed empty-hand and/or “come-along” holds, in front with connecting restraint using impact weapons for holds, applying drawn-up to create the fetal position). pressure to pressure points, using chemical agents). 11. Staff shall comply with defensive tactics training and the proper application of 4. Hard Techniques those techniques. Techniques with which there is a greater possibility of injury (e.g., strikes, throws, 12. Staff shall monitor all detainees placed in “take-downs,” or striking using impact restraints. weapons such as expandable batons, 13. Documenting, reporting and investigating straight batons, authorized less-lethal use-of-force incidents helps prevent devices and specialty impact weapons). unwarranted use of force and protects 5. Deadly Force staff from unfounded allegations of The use of any force that is reasonably improper or excessive use of force. likely to cause death or serious physical 14. Calculated use of force requires injury. Deadly force does not include force supervisor pre-authorization and that is not reasonably likely to cause consultation with medical staff to death or serious physical injury, but determine if the detainee has medical unexpectedly results in such death or

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injury. j. application of restraints (progressive and Staff are trained and required to use only a hard); level of force that is necessary and k. reporting procedures; and reasonable to gain control of a detainee; l. forced medication procedures. however, the totality of the circumstances may necessitate use of a higher level of force. Staff shall also be advised of the “Prohibited Staff may have to rapidly escalate or de- Force Acts and Techniques,” listed below in escalate through the Use of Force “Section E” of this standard. Staff shall Continuum, depending on the totality of receive defensive tactics training before circumstances present. being placed in a detainee-contact position. D. Training 2. Specialized Training 1. General Training Any officer who is authorized to use an intermediate force device shall be specifically All new officers shall be sufficiently trained trained and certified to use that device. during their first year of employment. Training in the use of chemical agents also Through ongoing training (to occur annually shall include treatment of individuals at a minimum), all detention facility staff exposed to them. must be made aware of their responsibilities Training shall also cover use of force in to effectively handle situations involving special circumstances (detailed below). aggressive detainees. All employees who participate in a calculated At a minimum, training shall include: use-of-force move shall have received prior a. requirements of this detention standard; training. b. use-of-force continuum, to include use of The employee shall receive training on an deadly force; annual basis, and documentation of that c. communication techniques; training shall be maintained in the employee’s training record for the duration of d. cultural diversity; his/her employment at the facility. The e. management of detainees with mental employee must also maintain certification. health conditions; E. Prohibited Force Acts and Techniques f. confrontation-avoidance techniques; The following acts and techniques are g. approved methods of self-defense and specifically prohibited, unless deadly force defensive tactics; would be authorized: h. forced cell move techniques; 1. Choke holds, carotid control holds and i. prevention of communicable diseases, other neck restraints; particularly precautions to be taken when 2. Using a baton to apply choke or “come­ using force;

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along” holds to the neck area; facility, or at an outside medical facility. Restraints are never permitted on women 3. Intentional baton strikes to the head, face, who are in active labor or delivery. groin, solar plexus, neck, kidneys, or spinal column; Restraints should not be considered as an option, except under the following The following acts and techniques are extraordinary circumstances: generally prohibited, unless both necessary and reasonable in the circumstances: a. a medical officer has directed the use of restraints for medical reasons; 1. Striking a detainee when grasping or pushing him/her would achieve the b. credible, reasonable grounds exist to desired result; believe the detainee presents an immediate and serious threat of hurting 2. Using force against a detainee offering no herself, staff or others; or resistance; and c. reasonable grounds exist to believe the 3. Restraining detainees to fixed objects not detainee presents an immediate and designed for restraint. credible risk of escape that cannot be F. Use of Force in Special Circumstances reasonably minimized through any other Occasionally, after the failure of method. confrontation-avoidance techniques, staff In the rare event that one of the above must make a judgment whether to use situations applies, medical staff shall higher levels of force with detainees in determine the safest method and duration special circumstances. Except in instances for the use of restraints and the least where immediate use of force is necessary, restrictive restraints necessary shall be used. staff shall consult medical staff, in certain Even in the extraordinary circumstance cases set forth below, before unilaterally when restraints are deemed necessary, no determining a situation sufficiently grave to detainee known to be pregnant shall be warrant the use of physical force. restrained in a face-down position with four- 1. Restraints on Pregnant Women point restraints, on her back, or in a A pregnant woman or woman in post- restraint belt that constricts the area of the delivery recuperation shall not be restrained pregnancy. All attempts will be made to absent truly extraordinary circumstances ensure that the detainee is placed on her left that render restraints absolutely necessary side if she is immobilized. as documented by a supervisor and directed The use of restraints requires documented by the on-site medical authority. This approval and guidance from the on-site general prohibition on restraints applies to medical authority. Record-keeping and all pregnant women in the custody of ICE, reporting requirements regarding the whether during transport, in a detention medical approval to use restraints shall be

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consistent with other provisions within these 1. Storage standards, including documentation in the Ordinarily, when not actually in use, detainee’s A-file, detention and medical file. intermediate force weapons and related 2. Detainees with Wounds or Cuts equipment are permitted only in designated areas: Staff shall wear protective gear when restraining aggressive detainees with open a. where access is limited to authorized cuts or wounds. If force is necessary, personnel, and protective gear shall include a full-body b. to which detainees and non-authorized shield. personnel have no access. Aggressive detainees in restraints shall be If such equipment is kept in an SMU, staff placed in administrative segregation, and shall store and maintain it under the same segregated from all other detainees. Such conditions as Class “A” tools. If an SMU detainees shall remain in a Special lacks appropriate secure space, the Management Unit (SMU) until cleared to equipment must be kept in a secure location return to the general population by the chief elsewhere in the facility. immigration enforcement agent and the 2. Recordkeeping and Maintenance clinical director, with the facility administrator’s approval. Each facility shall maintain a written record 3. Detainees with Special Medical or Mental Health of routine and emergency distribution of Needs security equipment and shall specifically designate and incorporate, in one or more If a situation arises involving a special-needs post orders, responsibility for staff to detainee, the appropriate medical or mental inventory chemical agents and related health staff shall be consulted prior to the security equipment at least monthly to calculated use of force. “Special needs” determine their condition and expiration includes physically disabled detainees and dates. detainees with a mental health condition that may impair them from understanding 3. Use the situation. Medical staff shall be The facility administrator may authorize the consulted in circumstances involving special- use of intermediate force weapons if a needs detainees. detainee: G. Intermediate Force Weapons a. is armed and/or barricaded; or In this detention standard, “Intermediate b. cannot be approached without danger to Force Weapons” refers to weapons otherwise self or others; and known as “non-deadly force weapons,” “non­ c. a delay in controlling the situation would lethal weapons,” or “less-than-lethal seriously endanger the detainee or others, weapons.” or would result in a major disturbance or

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serious property damage. 5. Unauthorized Force Devices Staff shall consult medical staff as The following devices are not authorized: practicable, before using pepper spray or a. saps, blackjacks and sap gloves; other intermediate force weapons unless b. mace, CN, tear gas, or other chemical escalating tension makes such action agents, except OC spray; unavoidable. When possible, medical staff shall review the detainee’s medical file for a c. homemade devices or tools; and disease or condition that an intermediate d. any other device or tool not issued or force weapon could seriously exacerbate, approved by ICE/ERO. including, but not limited to, asthma, emphysema, bronchitis, tuberculosis, H. Immediate use of force obstructive pulmonary disease, angina An “immediate-use-of-force” situation is pectoris, cardiac myopathy or congestive created when a detainee’s behavior heart failure. constitutes a serious and immediate threat In the use-of-force continuum, the collapsible to self, staff, another detainee, property, or steel baton authorized below is an “impact the security and orderly operation of the weapon” that is considered: facility. In that situation, staff may respond without a supervisor’s direction or presence. a. a “soft” technique when used during “come-alongs” or to apply gradual pressure Upon gaining control of the detainee, staff for compliance, or shall seek the assistance of qualified health personnel to immediately: b. a “hard” technique when used for striking. 1. Determine if the detainee or facility staff As with any use of force, staff using an requires continuing care and, if so, make impact weapon shall choose the appropriate the necessary arrangements. Continuing level as required by the totality of care may involve such measures as circumstances, and its use must be admission to the facility hospital. discontinued when adequate control of a detainee has been achieved. 2. Examine the detainee and immediately treat any injuries. The medical services 4. Authorized Intermediate Force Devices provided and diagnosed injuries shall be The following devices are authorized: documented. a. oleoresin capsicum (OC) spray (“pepper 3. Examine any involved staff member who spray”); reports an injury and, if necessary, b. collapsible steel baton; provide initial emergency care. The examination shall be documented. c. a 36” straight, or riot, baton; and 4. A written report shall be provided to the d. ICE authorized chemical and impact shift supervisor by each officer involved in munitions

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the use of force by the end of the officer’s force affords staff time to strategize and shift. resolve situations in the least confrontational manner and assist to de-escalate the The shift supervisor shall provide a written situation. report to the facility administrator or designee no later than the end of a tour of 1. Confrontation Avoidance duty when force was used on any detainee, or Before authorizing the calculated use of if any detainee remains in restraints at the force, the on-site ranking detention official, a end of that shift. designated health professional and others as I. Calculated Use of Force and/or appropriate shall assess the situation. Application of Restraints Taking into account the detainee’s history and the circumstances of the immediate If a detainee is in a location where there is situation, they shall determine the no immediate threat to the detainee or appropriateness of using force. others (for example, a locked cell or range), staff shall take the time to assess the The conferring staff may consider in their possibility of resolving the situation without assessment the detainee’s medical/mental resorting to force. history, recent incident reports involving the detainee, if any, and emotional shocks or A calculated use of force needs to be traumas that may be contributing to the authorized in advance by the facility detainee’s state of mind (e.g., a pending administrator (or designee). criminal prosecution or sentencing, divorce, Medical staff shall review the detainee’s illness, death). medical file for a disease or condition that an Interviewing staff familiar with the detainee intermediate force weapon could seriously might yield insight into the detainee’s exacerbate, including, but not limited to, current agitation or even pinpoint the asthma, emphysema, bronchitis, immediate cause. Such interviews may also tuberculosis, obstructive pulmonary disease, help identify those who have established angina pectoris, cardiac myopathy, or rapport with the detainee or whose congestive heart failure. personalities suggest they might be able to Calculated use of force is feasible and reason with the detainee. preferred to immediate use of force in most 2. Documentation and Audiovisual Recording cases and is appropriate when the detainee While ICE/ERO requires that all use-of-force is in a location where the detainee poses no incidents be documented and forwarded to immediate threat of harm, even if the ICE/ERO for review, for calculated use of detainee is verbalizing threats or force, it is required that the entire incident brandishing a weapon, provided staff sees no be audio visually recorded. The facility immediate danger of the detainee’s causing administrator or designee is responsible for harm to himself or others. Calculated use of ensuring that use of force incidents are audio

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visually recorded. Staff shall be trained in incident. the operation of audiovisual recording 3. Use-of-Force Team Technique equipment. There shall be a sufficient When a detainee must be forcibly moved number of cameras appropriately located and and/or restrained during a calculated use of maintained in the facility. The audiovisual force, staff shall use the use-of-force team record and accompanying documentation technique to prevent or diminish injury to shall be included in the investigation staff and detainees and exposure to package for the after-action review described communicable disease. The technique below. usually involves five or more trained staff Calculated use-of-force incidents shall be members clothed in protective gear, audio visually-recorded in the following including helmet with face shield, jumpsuit, order: stab-resistant vest, gloves and forearm a. Introduction by team leader stating protectors. Team members enter the facility name, location, time, date, etc., detainee’s area together and have describing the incident that led to the coordinated responsibility for achieving calculated use of force, and naming the immediate control of the detainee. audiovisual camera operator and other a. Staff shall be trained in the use-of-force staff present. team technique in sufficient numbers for b. Faces of all team members shall briefly teams to be quickly convened on all shifts appear (with helmets removed and heads in different locations throughout the uncovered), one at a time, identified by facility. To use staff resources most name and title. effectively, the facility administrator shall provide use-of-force team technique c. Team Leader offers the detainee a last training for all staff members who could chance to cooperate before team action, potentially participate in a calculated use outlines the use-of-force procedures, of force. engages in confrontation avoidance and issues use-of-force order. b. The use-of-force team technique training shall include the technique, its d. Record entire use-of-force team operation, application, confrontation-avoidance, unedited, until the detainee is in professionalism and debriefing. restraints. c. Training shall also address the use of e. Take close-ups of the detainee’s body protective clothing and handling of spilled during a medical exam, focusing on the blood and body fluids. presence/absence of injuries. Staff injuries, if any, are to be described but not shown. 1) Use-of-force team members and others participating in a calculated use of force f. Debrief the incident with a full shall wear protective gear, taking discussion/analysis/assessment of the particular precautions when entering a

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cell or area where blood or other body f. The supervisor shall provide a written fluids could be present. report to the facility administrator or designee, no later than the end of a tour of 2) Staff members with a skin disease or duty when force was used on any detainee, skin injury shall not participate in a or if any detainee remains in restraints at calculated use-of-force action. the end of that shift. d. The shift supervisor or another supervisor on duty: J. Evidence Protection and Sanitation 1) must be on the scene prior to any The supervisor shall inspect areas of blood or calculated use of force to direct the other body-fluid spillage after a use-of-force operation and continuously monitor incident. Unless the supervisor determines staff compliance with policy and that the spillage must be preserved as procedure; evidence, as specified under standard “2.3 Contraband,” staff or properly trained 2) shall not participate except to prevent detainees shall immediately sanitize those impending staff injury; areas, based on medical department 3) shall seek the advance guidance of guidance on appropriate cleaning solutions qualified health personnel (based on a and their use. Standard “1.2 Environmental review of the detainee’s medical record) Health and Safety” provides detailed to identify physical or mental problems guidance for cleaning areas with blood and and, whenever feasible, arrange for a other body fluid spills. health services professional to be Standard sanitation procedures shall be present to observe and immediately followed in areas with blood or other body treat any injuries; fluid spillage. Wearing the appropriate 4) shall exclude from the use-of-force team protective gear, staff and/or detainees shall any staff member involved in the immediately apply disinfectant to sanitize incident precipitating the need for force; surfaces such as walls and floors, furniture, and etc. Articles of clothing and use-of-force 5) may expand the use-of-force team to equipment contaminated with body fluids include staff with specific skills (e.g., shall likewise be disinfected or destroyed as those who handle chemical agents). needed and appropriate. e. When restraints are necessary, the team K. Maintaining Audiovisual Recording shall choose ambulatory or progressive Equipment and Records models (described later in this document) Staff shall store and maintain audiovisual and may resort to four/five-point recording equipment under the same restraints only if the less restrictive conditions as “restricted” tools. The devices prove ineffective. equipment must be kept in a secure location elsewhere in the facility.

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Since audiovisual recording equipment must authorized by the Director of Enforcement often be readily available, each facility and Removal Operations, in accordance with administrator shall designate and ICE/ERO procedures and rules of incorporate in one or more post orders accountability. responsibility for: L. Approved Restraint Equipment 1. maintaining cameras and other The following restraint equipment is audiovisual equipment; authorized: 2. regularly scheduled and documented 1. handcuffs: stainless steel, 10 oz.; testing to ensure all parts, including batteries, are in working order; and 2. leg irons: stainless steel and must meet the National Institute of Justice standard; 3. keeping back-up supplies on hand (e.g., batteries, tapes or other recording media, 3. martin chain; lens cleaners). 4. waist or belly chain: case-hardened chains Each audiovisual record shall be catalogued with a minimum breaking strength of and preserved until no longer needed, but approximately 800 pounds; shall be kept no less than six years after its 5. handcuff cover: cases for the security of last documented use. In the event of handcuffs used on high security detainees; litigation, the facility shall retain the 6. soft restraints: nylon/leather type with relevant audiovisual record a minimum of soft arm and leg cuffs containing soft belts six months after the litigation has concluded with key locks; or been resolved. 7. plastic cuffs: disposable; and **The relevant audiovisual record shall be retained by the facility for one year after 8. any other ICE/ERO-approved restraint litigation or any investigation has concluded device. or been resolved. Deviations from this list of restraint The audiovisual records may be catalogued equipment are strictly prohibited. electronically or on 3” x 5” index cards, M. Ambulatory and Progressive Restraints provided that the data can be searched by date and detainee name. A log shall When sufficient for protection and control of document audiovisual record usage. a detainee, staff shall apply ambulatory restraints, which are soft and hard Use-of-force audiovisual records shall be equipment that provides freedom of available for supervisory, Field Office and movement sufficient for eating, drinking and ICE/ERO headquarters incident reviews and other basic needs without staff assistance or may also be used for training. intervention; Release of use-of-force audiovisual recordings If ambulatory restraints are insufficient to to the news media may occur only if

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protect and control a detainee, staff may a. Use soft restraints (e.g., vinyl), unless apply progressive restraints, which are more they: secure or restrictive. The facility 1) were previously ineffective with this administrator shall decide on the detainee, or appropriate restraint method, i.e., hard restraints with/without waist chain or belt; 2) proved ineffective in the current four/five-point soft restraints with hard instance. restraints to secure the detainee to a bed; b. Provide the detainee with temperature- four/five-point hard restraints, etc. appropriate clothing and a bed, mattress, In situations involving a highly assaultive sheet, and/or blanket. Under no and aggressive detainee, progressive circumstance shall a detainee remain restraints may be needed as an intermediate naked or without cover (sheet or blanket) measure while placing a detainee in, or unless deemed necessary by qualified removing a detainee from, four/five-point health personnel. restraints. c. Check and record the detainee’s condition Once a detainee has been placed in at least every 15 minutes to ensure that ambulatory restraints, the shift supervisor is the restraints are not hampering required to conduct a physical check of the circulation and to monitor the general detainee once every two hours to determine welfare of the detainee. If the detainee is if the detainee has stopped the behavior confined by bed restraints, staff shall which required the restraints and thus periodically rotate the detainee’s position restraints are no longer necessary. Once a to prevent soreness or stiffness. positive behavioral change has been d. All facilities shall document all checks of achieved, a decision to remove the restraints detainees in four/five point restraints or place the detainee in less restrictive every 15 minutes. restraints shall be made. If this has not been Staff shall use the SMU logbook to record achieved, the shift supervisor shall document each 15-minute check of detainees in the reason for continuance of the ambulatory four/five-point restraints. Documentation restraints. shall continue until restraints are The supervisor shall provide a written report removed. The shift supervisor shall be to the facility administrator no later than the immediately notified if the detainee is end of the tour of duty when any detainee calm, to permit re-evaluation of the use of remains in restraints at the end that shift. restraints. N. Four/Five-Point Restraints 2. Medical Staff 1. General Requirements A health professional shall test the detainee’s breathing, other vital signs and When four/five-point restraints are physical and verbal responses. If the necessary, staff shall:

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detainee is bed-restrained, the health restraints. professional shall determine how the The shift supervisor shall document each detainee must be placed. Qualified health two-hour review in the SMU logbook. personnel are required to visit the detainee 4. Facility Administrator at least twice per eight-hour shift. When qualified health personnel are not a. When any detainee is restrained for more immediately available, staff shall place the than eight hours, the facility detainee in a “face-up” position until the administrator shall telephonically notify medical evaluation can be completed. the Assistant Field Office Director and Medical checks shall be documented. Mental provide updates every eight hours until health assessments shall be conducted by a the restraints are removed. qualified health professional when restraints b. The facility administrator shall provide are utilized for more than eight hours. In the Field Office Director with written such instances, detainees should also be documentation of the reason(s) for placing assessed by a qualified mental health the detainee in four/five-point restraints, professional as soon as possible. regardless of duration, on the following 3. Shift Supervisor workday. The shift supervisor shall be responsible for O. Documentation of Use of Force and the following: Application of Restraints a. The shift supervisor shall review a Staff shall prepare detailed documentation of detainee in four/five-point restraints every all incidents involving use of force, including two hours. If the detainee has calmed chemical agents, or intermediate force down and restraints are no longer weapons. Staff shall also document the use of necessary, they may be removed and, if restraints on a detainee who becomes violent appropriate, replaced by a less restrictive or displays signs of imminent violence. A device. copy of the report shall be placed in the b. At every two-hour review, the detainee detainee’s detention file. shall be afforded the opportunity to use 1. Report of Incident the toilet, unless the detainee actively All facilities shall have an ICE/ERO­ resists or becomes combative when approved form to document all uses of force. released from restraints for this purpose. Within two working days, copies of the report c. The decision to release the detainee or shall be placed in the detainee’s A-File and apply less restrictive restraints shall not sent to the Field Office Director. be delegated below the shift supervisor’s level. The shift supervisor may seek A report is not necessary for the general use advice from mental or medical health of restraints (for example, the routine professionals about when to remove the movement or transfer of detainees).

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Staff shall prepare a use of force form the detainee, other persons, or property (sample attached) for each incident involving makes a delayed response impracticable, use of force, including chemical agents, staff shall activate a video camera and start pepper spray, or other intermediate force recording the incident as quickly as possible. weapons or application of progressive After regaining control of the situation, staff restraints (regardless of the level of detainee shall follow the procedures applicable to cooperation). The report shall identify the calculated use-of-force incidents. detainee(s), staff and others involved and 3. Recordkeeping describe the incident. If intermediate force All facilities shall assign a designated weapons are used (e.g. collapsible steel baton individual to maintain all use-of-force or 36-inch straight (riot) baton), the location documentation. of the strikes must be reported on the use of force form. Each staff member shall complete The designated individual shall maintain all a memorandum for the record to be attached use of force documentation, including the to the original Use of Force form. The report, audiovisual record and the original after- accompanied by the corresponding medical action review form for a minimum of six report(s), must be submitted to the facility years. A separate file shall be established on administrator by the end of the shift during each use of force incident. which the incident occurred. P. After-Action Review of Use of Force and 2. Audiovisual Recording Use-of-Force Incidents Application of Restraints Staff shall immediately obtain an 1. Written Procedures Required audiovisual camera to record any calculated All facilities shall have ICE/ERO-approved use of force incident, unless such a delay in written procedures for after-action review of bringing the situation under control would use of force incidents (immediate or constitute a serious hazard to the detainee, calculated) and applications of restraints. staff, or others, or would result in a major The primary purpose of an after-action disturbance or serious property damage. review is to assess the reasonableness of the The facility administrator shall review the actions taken and determine whether the audiovisual recording within four working force used was proportional to the detainee’s days of the incident and shall then send the actions. Field Office Director a copy for review. The All facilities shall model their incident Field Office Director shall forward review process after ICE/ERO’s process and audiovisual recordings of questionable or submit it to ICE/ERO for ERO review and inappropriate cases to the Deputy Assistant approval. The process must meet or exceed Director, Detention Management Division, the requirements of ICE/ERO’s process. for further review. 2. Medical Evaluation When an immediate threat to the safety of When any use of force resulting in an injury

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or claim of injury occurs, the staff member surgical masks, hosiery) were not used; must immediately prepare an incident e. whether team members applied only as report. The detainee will be referred much force as necessary to subdue the immediately to medical staff for an detainee, including whether team examination. A copy of the staff member’s members responded appropriately to a incident report will be forwarded to medical subdued or cooperative detainee or a and to ICE/ERO. detainee who discontinued his/her violent 3. Composition of an After-Action Review Team behavior; The facility administrator, the assistant f. whether the shift supervisor was clearly in facility administrator, the Field Office charge of team and situation. This Director’s designee and the health services includes intervention at the first sign of administrator (HSA) shall conduct the after- one or more team members applying more action review. This four-member after-action force than necessary; review team shall convene on the workday g. whether the detainee received and after the incident. The after-action review rejected the opportunity to submit to team shall gather relevant information, restraints voluntarily before the team determine whether policy and procedures entered the cell/area. If he/she submitted, were followed, make recommendations for team action should not have been improvement, if any, and complete an after- necessary; action report to record the nature of its review and findings. The after-action report h. whether team members exerted more is due within two workdays of the detainee’s pressure than necessary to the detainee’s release from restraints. thorax (chest and back), throat, head and extremities when applying restraints; 4. Review of Audiovisual Recording i. the amount of time needed to restrain the The after-action review team shall also detainee. Any non-resisting detainee review the audiovisual recording of any use­ restrained for longer than necessary could of-force incidents for compliance with all indicate training problems/ inadequacies; provisions of this standard, with particular attention paid to: j. whether team members wore protective gear inside the cell/area until the a. whether the use-of-force team technique operation was completed; was exercised properly; k. whether there was continuous audiovisual b. the professionalism of the shift supervisor; coverage from the time the camera started c. adherence to the requirement of wearing recording until the incident concluded. The prescribed protective gear; review team shall investigate any breaks or d. ensuring that unauthorized items, sequences missing from the audiovisual equipment or devices (e.g., towels, tape, record;

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l. whether a medical professional promptly 5. Report of Findings to Field Office Director examined the detainee, with the findings Within two workdays of the after-action reported on the audiovisual record; review team’s submission of its m. whether use of chemical agents, pepper determination, the facility administrator spray, etc., was appropriate and in shall report with the details and findings of accordance with written procedures; appropriate or inappropriate use of force, by memorandum, to the Field Office Director n. whether team member(s) addressed and whether he/she concurs with the finding. derogatory, demeaning, taunting, or Included in the report shall be consideration otherwise inappropriate/inflammatory of the following: whether proper reporting remarks made to detainee or person(s) procedures were followed; in the event of five outside the cell or area; and point restraints, whether checks were made o. if the incident review reveals a violation of and logged at the appropriate times; and ICE/ERO policy or procedures, the after- whether appropriate medical care was action review team shall then determine provided once the situation was under whether the situation called for control. improvised action and, if so, whether the 6. Further Investigation action taken was reasonable and appropriate under the circumstances. The review team’s investigative report will be forwarded to the Field Office Director for The after-action review team shall complete review. The Field Office Director will and submit its after-action review report to determine whether the incident shall be the facility administrator within two referred to the Office of Professional workdays of the detainee’s release from Responsibility, the Department of Homeland restraints. The facility administrator shall Security, Office of the Inspector General or review and sign the report, acknowledging the Federal Bureau of Investigation. its finding that the use of force was appropriate or inappropriate.

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1. Detainees shall be informed of facility 3.1 Disciplinary System rules and regulations, prohibited acts, I. Purpose and Scope disciplinary sanctions that may be imposed, their rights in the disciplinary This detention standard promotes a safe and system and the procedure for appealing orderly living environment for detainees by disciplinary findings. establishing a fair and equitable disciplinary 2. Each facility shall have graduated system, requiring detainees to comply with severity scales of prohibited acts and facility rules and regulations, and imposing disciplinary consequences. disciplinary sanctions to those who do not comply. 3. Where permitted by facility policy, staff shall informally settle minor This detention standard applies to the transgressions through mutual consent, following types of facilities housing ERO whenever possible. detainees: 4. Staff who have reason to suspect that a x Service Processing Centers (SPCs); detainee has engaged in a prohibited act x Contract Detention Facilities (CDFs); or who witness a prohibited act that and cannot or should not be resolved informally, shall prepare a clear, concise x State or local government facilities used by ERO through Intergovernmental and complete incident report. Service Agreements (IGSAs) to hold 5. Each Incident Report shall be objectively detainees for more than 72 hours. and impartially investigated and reported, ordinarily by a person of supervisory rank. Procedures in italics are specifically required for SPCs, CDFs, and Dedicated IGSA 6. A serious incident that may constitute a facilities. Non-dedicated IGSA facilities criminal act shall be referred to the proper must conform to these procedures or adopt, investigative agency as appropriate, and adapt or establish alternatives, provided administrative investigations shall be they meet or exceed the intent represented suspended pending the outcome of that by these procedures. referral. Various terms used in this standard may be 7. At each step of the disciplinary and appeal defined in standard “7.5 Definitions.” process, the detainee shall be advised in writing of his/her rights in a language II. Expected Outcomes he/she understands, and translation or The expected outcomes of this detention interpretation services shall be provided standard are as follows (specific as needed. requirements are defined in “V. Expected 8. If any staff at any stage of the disciplinary Practices”). process has reason to believe that the

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detainee is mentally ill or mentally maintained. The detainee shall receive incompetent, the facility shall provide for copies of all reports, exhibits and other an assessment by qualified medical documents considered or generated in the personnel. hearing process, except insofar as the disclosure of such documents may pose an 9. A Unit Disciplinary Committee (UDC) imminent threat to the safety, security shall further investigate and adjudicate and orderly conduct of the facility staff or the incident and may impose minor other detainees, or if the document or sanctions or refer the matter to a higher other evidence is otherwise protected level disciplinary panel. from disclosure. 10. An Institution Disciplinary Panel (IDP) 16. If a detainee is found not guilty at any shall conduct formal hearings on Incident stage of the disciplinary process, the Reports referred from UDCs and may incident records shall not be placed or impose higher level sanctions for retained in the detainee’s file, even if “greatest” and “high” level prohibited these records are retained elsewhere for acts. statistical or historical purposes. 11. Detainees before the IDP shall be 17. Detainees shall be allowed to appeal afforded a staff representative, upon disciplinary decisions through a formal request, or automatically if the detainee grievance system. No staff member shall is illiterate, has limited English language harass, discipline, punish or otherwise skills or otherwise needs special retaliate against any detainee for filing a assistance. complaint or grievance. 12. Actions of the IDP shall be reviewed by 18. Detainees shall be afforded rights the facility administrator, who may including, but not limited to, the concur with the findings and sanctions or following: the right to protection from modify them. abuse; the right to freedom from 13. At all steps in the disciplinary process, discrimination; the right to pursue a any sanctions imposed shall be grievance; the right to correspond with commensurate with the severity of the persons or organizations; and the right to committed prohibited act and intended to due process. encourage the detainee to conform with 19. The applicable content and procedures in rules and regulations in the future. this standard shall be communicated to 14. All steps of the disciplinary process shall the detainee in a language or manner the be performed within the required time detainee can understand. limits. All written materials provided to 15. At all steps of the disciplinary process, detainees shall generally be translated accurate and complete records shall be into Spanish. Where practicable,

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provisions for written translation shall be minimum. made for other significant segments of the 3. Disciplinary action may not be capricious population with limited English or retaliatory nor based on race, religion, proficiency. national origin, gender, sexual orientation, Oral interpretation or assistance shall be disability or political beliefs. provided to any detainee who speaks 4. Staff may not impose or allow imposition another language in which written of the following sanctions: corporal material has not been translated or who punishment; deprivation of food services, is illiterate. to include use of Nutraloaf or “food loaf”; III. Standards Affected deprivation of clothing, bedding or items of personal hygiene; deprivation of This detention standard replaces correspondence privileges; deprivation of “Disciplinary Policy” dated 12/2/2008. legal access and legal materials; or IV. References deprivation of indoor or outdoor recreation, unless such activity would create a American Correctional Association, documented unsafe condition within the Performance-based Standards for Adult facility. Any sanction imposed shall be Local Detention Facilities, 4th Edition: 4­ approved by the facility administrator and ALDF-3A-01, 3A-02, 6B-05, 6C-01 through reviewed by the Field Office Director. 6C-19. 5. The facility shall not hold a detainee V. Expected Practices accountable for his/her conduct if a medical authority finds him/her mentally A. Guidelines incompetent. For purposes of these 1. Detainees shall receive translation or standards, a mentally incompetent interpretation services, including individual is defined as an individual who accommodation for the hearing impaired, is unable to appreciate the difference throughout the investigative, disciplinary between appropriate and inappropriate and appeal process. behavior, or between “right” and “wrong.” Such an individual is not capable of acting 2. Each facility holding ICE/ERO detainees in accordance with those norms and in custody shall have a detainee therefore, cannot be held responsible for disciplinary system with progressive his/her “wrongful” actions levels of reviews, appeals, procedures and documentation procedures. Written 6. A person who cannot assist in his/her own disciplinary policy and procedures shall defense because he/she lacks the ability to clearly define detainee rights and understand the nature of the disciplinary responsibilities. The policy, procedures proceedings, as determined by a medical and rules shall be reviewed annually at a authority, shall be considered

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incompetent. Disciplinary proceedings accordance with standard“6.2 Grievance against such a detainee shall be postponed System” and procedures provided in the until such time as the detainee is able to detainee handbook. understand the nature of the disciplinary 5. The right to correspond with persons or proceedings and to assist in his/her own organizations, consistent with safety, defense. If the detainee’s mental status security and the orderly operation of the does not improve within a reasonable facility; and amount of time, the officer must find the detainee incompetent to assist in his/her 6. The right to due process, including the own defense, and note such finding on the prompt resolution of a disciplinary matter. Incident Report. Copies of the rules of conduct, rights and B. Notice to Detainees disciplinary sanctions shall be provided to all detainees and posted in English, Spanish, The detainee handbook, or supplement, and other languages spoken by significant issued to each detainee upon admittance, segments of the population with limited shall provide notice of the facility’s rules of English proficiency. Copies to be provided conduct and prohibited acts, the sanctions and posted are as follows: imposed for violations of the rules, the 1. Disciplinary Severity Scale; disciplinary severity scale, the disciplinary process and the procedure for appealing 2. Prohibited Acts; and disciplinary findings. Detainees shall have 3. Sanctions. the following rights and shall receive notice of them in the handbook: C. Disciplinary Severity Scale and Prohibited Acts 1. The right to protection from personal abuse, corporal punishment, unnecessary All facilities shall have graduated scales of or excessive use of force, personal injury, offenses and disciplinary consequences as disease, property damage and provided in this section. harassment; Prohibited acts are divided into four 2. The right of freedom from discrimination categories: “greatest,” “high,” “moderate” and based on race, religion, national origin, “low moderate.” The sanctions authorized for gender, sexual orientation, physical or each category shall be imposed only if the mental ability, or political beliefs; detainee is found to have committed a prohibited act (see “Appendix 3.1.A: Offense 3. The right to pursue a grievance in Categories”). accordance with procedures provided in the detainee handbook, without fear of 1. Greatest Offenses retaliation; The IDP shall impose and execute at least 4. The right to pursue a grievance in one sanction in the A through E range. Additional sanctions (1 through 7) may be 3.1 | Disciplinary System 228 PBNDS 2011 (As Modified by February 2013 Errata)

imposed and either executed or suspended, possible. If however the officer involved at the discretion of the panel. The IDP may thinks an informal resolution is impose and execute sanctions 6 and 7 only in inappropriate or unattainable, he or she conjunction with sanction 1, 2, 3, 4, and/or 5. shall prepare an Incident Report and submit 2. High Offenses it to the appropriate supervisor before the end of the assigned shift. The IDP shall impose and execute at least one sanction in the 1 through 12 range. ICE/ERO pre-approval is required for use of Additional sanctions (1 through 12) may be ICE Incident Report forms in CDFs and imposed or may be suspended at the IGSA facilities. discretion of the panel. The Incident Report shall cite the relevant 3. High Moderate Offenses rule or standard without quoting it in its entirety. (For example, in the event of The IDP shall impose at least one sanction in destruction of government property, the the 1 through 13 range, but may suspend report shall cite, briefly, “Code 218— any or all, once imposed. Similarly, the UDC Destroying Government Property,” specify shall impose at least one sanction in the 7 the exact manner in which the detainee is through 13 range, but may suspend any or alleged to have violated the cited rule or all, once imposed. standard, and include all relevant facts such 4. Low Moderate Offenses as time, dates and places.) The IDP shall impose at least one sanction in If the officer observes anything unusual in the 1 through 9 range, but may suspend any the detainee’s behavior or demeanor, he/she or all, once imposed. Similarly, the UDC shall so note in the report. The reporting shall impose at least one sanction in the 3 officer shall also list all staff, contract through 9 range, but may suspend any or all, officers, and/or detainee witnesses to the once imposed. incident and the disposition of any physical D. Incident Reports evidence (e.g., weapons, property, etc.) relating to the incident. The reporting officer Officers who witness a prohibited act, or shall sign the report and include title, date have reason to suspect one has been and time the report was signed. The shift committed, shall prepare and submit an supervisor shall review all Incident Reports Incident Report. All Incident Reports must before going off duty. state facts clearly, precisely and concisely, omitting no details that may prove E. Investigations significant. Reports also shall identify the IGSAs shall have procedures in place to officer(s), the detainee(s) and all witnesses to ensure that all Incident Reports are the incident. investigated within 24 hours of the incident. Minor transgressions shall be settled The investigating officer must have informally and by mutual consent whenever

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supervisory rank or higher (unless prevented Evidence” in standard “2.10 Searches of by personnel shortages) and shall have had Detainees” no prior involvement in the incident, as 5. Advise the detainee in writing of the either witness or officer at the scene. If an detainee’s right, if applicable, to an initial officer below supervisory rank conducts the hearing before the Unit Disciplinary investigation, the shift supervisor shall Committee (UDC) within 24 hours of review his/her report(s) for accuracy and his/her notification of charges. completeness and sign them. 6. Record personal observances and other The investigating officer shall: potentially material information.

1. Commence the investigation within 24 7. Prepare a factual report of the hours of receipt of the Incident Report. investigation, including the location or 2. Advise the detainee of his/her right to disposition of any physical evidence. remain silent at every stage of the 8. Forward to the UDC all reports relevant disciplinary process, and ensure that to the disciplinary hearing—but do not he/she has a complete listing of detainee provide a copy to the detainee at this stage rights. of the disciplinary process, except for a 3. Provide the detainee a copy of the Incident copy of the Incident Report as instructed Report and notice of charges at least 24 in #4 above in this section of this hours before the start of any disciplinary standard. proceedings. F. Unit Disciplinary Committee (UDC) 4. Terminate the administrative All facilities shall establish an intermediate investigation, if the incident is under level of investigation/adjudication process to investigation on different grounds (i.e., the adjudicate low or moderate infractions. They prohibited act is under criminal shall also ensure that the detainee is investigation), unless and until the agency afforded all the UDC rights listed below. with primary jurisdiction concludes its investigation or indicates it shall not The UDC administering unit discipline shall pursue the matter. comprise up to three members, at least one of whom is a supervisor. The UDC shall not Contraband that may be evidence in include the reporting officer, the connection with a violation of a criminal investigating officer, or an officer who statute shall be preserved, inventoried, witnessed or was directly involved in the controlled and stored so as to maintain incident, except in the unlikely event that and document the chain of custody. every available officer witnessed or was Contraband shall be reported to the directly involved in the incident. appropriate law enforcement authority for action and possible seizure and The UDC shall conduct hearings and, to the prosecution. See “Preservation of best extent possible, shall informally resolve 3.1 | Disciplinary System 230 PBNDS 2011 (As Modified by February 2013 Errata)

cases involving high moderate or low must document the security moderate charges in accordance with the list considerations and, to the extent of charges and related sanctions noted as possible, facilitate the detainee’s “Appendix 3.1.A: Offense Categories.” participation in the process via Unresolved cases and cases involving serious telephonic testimony, document charges are forwarded to the institution submission, written statements or disciplinary panel. questions to be asked of witnesses; The UDC shall have authority to: 3. Present statements and evidence, including witness testimony on his/her 1. conduct hearings and resolve incidents own behalf; and involving high moderate or low moderate charges; 4. Appeal the committee’s determination through the detainee grievance process. 2. consider written reports, statements and physical evidence; The UDC shall: 3. hear pleadings on the part of the detainee; 1. advise the detainee of his/her rights at the hearing; 4. make findings that a detainee did or did not commit the rule violation(s) or 2. refer to the IDP any incident involving a prohibited act(s) as charged, based on the serious violation associated with an A­ preponderance of evidence; and through-D-range sanction. This includes code violations in the “greatest” and “high” 5. impose minor sanctions “E” through “M” categories (100s and 200s); in accordance with the table of prohibited acts and associated sanctions later in this 3. serve the detainee with: document. a. a copy of the UDC decision which must The detainee in UDC proceedings shall have contain the reason for the disposition the right to: and sanctions imposed; or 1. remain silent at any stage of the b. written notification of charges and disciplinary process; hearing before the IDP; and 2. due process, which includes: 4. if the detainee’s case is being referred to the IDP, advise the detainee, in writing, a. attending the entire hearing (excluding of: committee deliberations); a. The right to call witnesses and present b. waiving the right to appear; or evidence before the IDP, and c. having a UDC hearing within 24 hours b. The right to a staff representative after the conclusion of the investigation. before the IDP. If security considerations prevent detainee attendance, the committee G. Staff Representation for the IDP

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The facility administrator shall upon the must state the reason on the staff detainee’s request, assign a staff representative form. representative to help prepare a defense 6. If several staff decline, the facility prior to the commencement of the IDP. This administrator shall assign one. help shall be automatically provided for detainees who are illiterate, have limited 7. The staff representative shall be free to English-language skills, or who are without speak to witnesses and to present means of collecting and presenting essential evidence on the detainee’s behalf, evidence. Detainees shall also have the including evidence of any mitigating option of receiving assistance from another circumstances. The staff representative detainee of their selection rather than a staff must act in good faith on behalf of the representative, subject to approval from the charged detainee, and interview witnesses facility administrator. and obtain documentary evidence as requested by the detainee or as otherwise 1. A staff representative must be a full-time reasonably seen as relevant to the defense employee. of the charges or in mitigation of the 2. Because of the potential conflict of charges. interest, the facility administrator, 8. The IDP shall allow the staff members of the IDP and of the UDC representative enough time to speak with initially involved in the case, the detainee and interview witnesses prior eyewitnesses, the reporting and to commencement of the proceeding. The investigating officers and anyone else with IDP may grant a request for extension of a stake in the outcome shall not act as time if required for an adequate defense. staff representative. 9. The IDP shall establish the reliability of 3. The detainee may select his/her staff information provided by a confidential representative, barring those identified in source before considering it in the paragraph 2 above. disciplinary proceedings. 4. The IDP shall arrange for the presence of 10. The IDP may withhold the the staff representative selected by the confidential source’s identity from the detainee. If that staff member declines or staff representative. While the staff is unavailable, the detainee may: representative may challenge the a. select a different representative; substance of any confidential information b. wait for the unavailable staff member the IDP discloses, he/she may not question to become available (within a its reliability (which is pre-established by reasonable period); or the IDP).

c. proceed without a staff representative. 11. In the event that a detainee cannot effectively present his/her own case, the 5. A staff member who declines to serve facility administrator shall appoint a staff 3.1 | Disciplinary System 232 PBNDS 2011 (As Modified by February 2013 Errata)

representative, even if not requested by The detainee in IDP proceedings shall have the detainee. the right to: H. Institution Disciplinary Panel 1. remain silent at any stage of the disciplinary process; All facilities that house ICE/ERO detainees shall have a disciplinary panel to adjudicate 2. due process, which includes: detainee Incident Reports. Only the a. attending the entire hearing (excluding disciplinary panel may place a detainee in committee deliberations); disciplinary segregation. b. waiving the right to appear; or The term “Institution Disciplinary Panel” or c. having an IDP hearing within 24 hours “IDP” refers either to a three-person panel after the conclusion of the investigation. appointed by the facility administrator, or a one-person disciplinary hearing officer, If security considerations prevent the depending on the practice at the facility. detainee’s attendance, the committee must document the security The panel may not include the reporting considerations and, to the extent officer, the investigating officer, any member possible, facilitate the detainee’s of the referring UDC, or anyone who participation in the process by witnessed or was directly involved in the telephonic testimony, the submission of incident. Exceptions may occur only if the documents, written statements or number of officers required for the panel questions to be asked of witnesses; cannot be filled due their direct involvement in the incident. 3. present statements and evidence, including witness testimony, on his/her The IDP shall have authority to: behalf; and 1. conduct hearings on all charges and 4. appeal the committee’s determination allegations referred by the UDC; through the detainee grievance process. 2. call witnesses to testify; The IDP shall: 3. consider written reports, statements, 1. verify that the detainee has been advised physical evidence and oral testimony; of and afforded his/her rights, as provided 4. hear pleadings by detainee and staff above in this standard; representative; 2. remind the detainee of his/her right to a 5. make findings that the detainee did or did staff representative, provide one if not commit the rule violation(s) or requested and verify that a staff prohibited act(s) as charged, based on the representative has been assigned when a preponderance of evidence; and representative is requested; 6. impose sanctions as listed and authorized 3. advise the detainee of his/her right to in each category. 3.1 | Disciplinary System 233 PBNDS 2011 (As Modified by February 2013 Errata)

waive the hearing and admit having persons, and shall include in the hearing committed the offense; record the factual basis for finding the 4. conduct the hearing on the first business information reliable. day after receiving the UDC referral, J. Postponement of Disciplinary unless the detainee waives the 24-hour Proceedings notification provision and requests an All facilities shall permit hearing immediate hearing. In cases where a postponements or continuances under hearing is delayed, the reason(s) must be certain circumstances. documented (e.g., a continuing investigation of facts, unavailability of one Circumstances justifying the postponement or more essential witnesses, etc.) and or continuance of a hearing might include, approved by the facility administrator. If but are not limited to: defense preparation, the detainee is being held in segregation, physical or mental illness, security, escape, the delay shall not exceed 72 hours, disciplinary transfer or pending criminal barring an emergency; prosecution. 5. prepare a written record of any hearing. An uncooperative detainee may also cause a This record must show that the detainee delay in the proceedings, either because of was advised of his/her rights. It must also inappropriate behavior during the hearing document the evidence considered by the process or a refusal to participate in a Panel and subsequent findings and the productive manner. decision and sanctions imposed, along K. Duration of Sanctions with a brief explanation; The duration of sanctions shall be within 6. forward the entire record to the facility established limits. Neither the panel administrator, who may (a) concur, (b) recommending sanctions nor the facility terminate the proceedings or (c) impose administrator making the final decision shall more severe or more lenient sanctions; impose sanctions arbitrarily, beyond these and limits. 7. serve the detainee with written 1. Sanctions range from the withholding of notification of the decision, which must privilege(s) to segregation. Time in contain the reason for the decision. segregation or the withholding of I. Confidential Information privileges after a hearing shall generally not exceed 30 days per violation, except in When a decision relies on information from a extraordinary circumstances, such as confidential source, the UDC or IDP shall violations of offenses 101 through 109 disclose as much confidential information as listed in the “Greatest” offense category in may be disclosed without jeopardizing the Appendix 3.1.A. safety and security of facility staff and other

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2. Time served in segregation pending the The UDC receives the original copy. outcome of the proceedings may be If the UDC hears the matter, the ranking credited to the number of days to be spent member of that committee shall serve the in the segregation unit after an adverse detainee with a copy of the Incident decision is announced. Report/Notice of Charges indicating their 3. The disciplinary report and accompanying decision. The UDC, upon conclusion of its documents are not placed in the file of a proceedings, shall forward the entire record detainee who is found not guilty. The to either the Chief of Security or the IDP, as facility, however, may retain the material appropriate. in its own files for Institution statistical or 2. Investigation Report historical purposes. The original shall be submitted to the UDC. 4. A detainee shall be removed from The detainee does not receive a copy. segregation if a health care professional concludes that continued segregation is 3. UDC Report of Findings and Action detrimental to the detainee’s medical or The original shall be served on the detainee mental health. after the committee issues its findings. L. Documents A copy shall be included in the detainee All documents relevant to the incident, detention file (guilty finding only). subsequent investigation and hearing(s) 4. Notice of IDP Hearing shall be completed and distributed in The original shall be served on the detainee accordance with facility procedures. after the committee issues its findings. 1. Incident Report/Notice of Charges A copy shall be included in the detainee The officer shall prepare an Incident Report detention file. and submit it to the supervisor immediately 5. Detainee Rights at IDP Hearing after the incident takes place. If the incident is resolved informally, the officer shall so The original shall be served on the detainee note on the original report, which shall then after the committee issues its findings. be forwarded to the Chief of Security. A copy shall be included in the facility If the UDC is to be involved, the supervisor detention file. shall serve the detainee with a copy of the 6. IDP Report Notice of Charges upon completion of the The original shall be included in the detainee investigation, no less than 24 hours before detention file. the UDC hearing. A copy shall be provided to the detainee.

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Appendix 3.1.A: Offense is to be used only if another charge of greatest severity is not applicable) Categories *199 Conduct that disrupts or interferes I. “Greatest” Offense Category with the security or orderly running of A. Prohibited Acts the facility (conduct must be of the greatest severity; this charge is to be 100 Killing used only if another charge of greatest 101 Assaulting any person (includes severity is not applicable) sexual assault) B. Sanctions 102 Escape from escort; escape from a 1. Initiate criminal proceedings secure facility 2. Disciplinary transfer (recommend) 103 Setting a fire (charged with this act in this category only when found to pose 3. Disciplinary segregation (up to 60 days) a threat to life or a threat of serious 4. Make monetary restitution, if funds are bodily harm or in furtherance of a available prohibited act of greatest severity 5. Loss of privileges (e.g., commissary, [e.g., a riot or an escape]; otherwise vending machines, movies, recreation, the charge is classified as Code 218 or etc.) 321) II. “High” Offense Category 104 Possession or introduction of a gun, firearm, weapon, sharpened A. Prohibited Acts instrument, knife, dangerous 200 Escape from unescorted activities open chemical, explosive, escape tool, device or secure facility, proceeding without or ammunition violence 105 Rioting 201 Fighting, boxing, wrestling, sparring 106 Inciting others to riot and any other form of physical encounter, including horseplay, that 107 Hostage-taking causes or could cause injury to another 108 Assaulting a staff member or any law person, except when part of an enforcement officer approved recreational or athletic 109 Threatening a staff member or any activity law enforcement office with bodily 202 Possession or introduction of an harm unauthorized tool *198 Interfering with a staff member in the 203 Loss, misplacement or damage of any performance of duties (conduct must restricted tool be of the greatest severity; this charge 204 Threatening another with bodily harm

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205 Extortion, blackmail, protection and 220 Being found guilty of any combination demanding or receiving money or of three or more high moderate or low anything of value in return for moderate offenses within 90 days protection against others, avoiding 222 Possessing or introducing an bodily harm or avoiding a threat of incendiary device (e.g., matches, being informed against lighter, etc.) 206 Engaging in sexual acts 223 Engaging in any act that could 207 Making sexual proposals or threats endanger person(s) and/or property 208 Wearing a disguise or mask *298 Interfering with a staff member in the performance of duties (conduct must 209 Tampering with or blocking any lock be of highest severity; this charge is to device be used only when no other charge of 210 Adulterating of food or drink highest severity is applicable) 211 Possessing, introducing, or using *299 Conduct that disrupts or interferes narcotics, narcotic paraphernalia or with the security or orderly operation drugs not prescribed for the individual of the facility (conduct must be of by the medical staff highest severity; this charge is to be 212 Possessing an officer’s or staff used only when no other charge of member’s clothing highest severity is applicable) 213 Engaging in or inciting a group B. Sanctions demonstration 1. Initiate criminal proceedings 214 Encouraging others to participate in a 2. Disciplinary transfer (recommend) work stoppage or to refuse to work 3. Disciplinary segregation (up to 30 days) 215 Refusing to provide a urine sample or 4. Make monetary restitution, if funds are otherwise cooperate in a drug test available 216 Introducing alcohol into the facility 5. Loss of privileges (e.g., commissary, 217 Giving or offering an official or staff vending machines, movies, recreation, member a bribe or anything of value etc.) 218 Giving money to, or receiving money 6. Change housing from, any person for an illegal or 7. Remove from program and/or group prohibited purpose (e.g., activity introducing/conveying contraband) 8. Loss of job 219 Destroying, altering, or damaging property (government or another 9. Impound and store detainee’s personal person’s) worth more than $100 property

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10. Confiscate contraband identification card, etc.); may be categorized as greater or lesser 11. Restrict to housing unit offense, depending on the nature and 12. Warning purpose of the reproduction (e.g., III. ““High Moderate” Offense Category counterfeiting release papers to effect escape—Code 102 or 200). A. Prohibited Acts 311 Participating in an unauthorized 300 Indecent exposure meeting or gathering 301 Stealing (theft) 312 Being in an unauthorized area 302 Misusing authorized medication 313 Failing to stand count 303 Loss, misplacement or damage of a 314 Interfering with count less restricted tool 315 Making, possessing, or using 304 Lending property or other item of intoxicant(s) value for profit/increased return 316 Refusing a breathalyzer test or other 305 Possessing item(s) not authorized for test of alcohol consumption receipt or retention and not issued through regular channels 317 Gambling 306 Refusing to clean assigned living area 318 Preparing or conducting a gambling pool 307 Refusing to obey the order of a staff member or officer (may be categorized 319 Possessing gambling paraphernalia and charged as a greater or lesser 320 Unauthorized contact with the public offense, depending on the kind of 321 Giving money or another item of value disobedience: continuing to riot is to, or accepting money or another item Code 105—Rioting; continuing to fight of value from, anyone, including Code 201—Fighting; refusing to another detainee, without staff provide a urine sample, Code 215— authorization Refusing to provide a urine sample or otherwise cooperate in a drug test). 322 Destroying, altering, or damaging property (government or another 308 Insolence toward a staff member person’s) worth more than $100 309 Lying or providing false statement to 323 Signing, preparing, circulating, or staff soliciting support for prohibited group 310 Counterfeiting, forging or other petitions unauthorized reproduction of money *398 Interfering with a staff member in the proceedings or other official document performance of duties (offense must be or item (e.g., security document, of high moderate severity; this charge

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to be used only when no other charge A. Prohibited Acts in this category is applicable) 400 Possessing property belonging to *399 Conduct that disrupts or interferes another person with the security or orderly running of 401 Possessing unauthorized clothing the facility (offense must be of high 402 Malingering; feigning illness moderate severity; this charge is to be used only when no other charge in this 403 Smoking where prohibited category is applicable) 404 Using abusive or obscene language NOTE: Any combination of high 405 Tattooing, body piercing or self- moderate and low moderate offenses during mutilation a 90-day period shall constitute a high offense. 406 Unauthorized use of mail or telephone (with restriction or temporary B. Sanctions suspension of the abused privileges 1. Initiate criminal proceedings often the appropriate sanction) 2. Disciplinary transfer (recommend) 407 Conduct with a visitor in violation of 3. Disciplinary segregation (up to 72 hours) rules and regulations (with restriction or temporary suspension of visiting

4. Make monetary restitution, if funds are privileges often the appropriate available sanction) 5. Loss of privileges (e.g. commissary, 408 Conducting a business vending machines, movies, recreation, etc.) 409 Possessing money or currency, unless specifically authorized 6. Change housing 410 Failing to follow safety or sanitation

7. Remove from program and/or group regulations activity 411 Unauthorized use of equipment or

8. Loss of job machinery 9. Impound and store detainee’s personal 412 Using equipment or machinery property contrary to posted safety standards 10. Confiscate contraband 413 Being unsanitary or untidy; failing to 11. Restrict to housing unit keep self and living area in accordance with posted standards 12. Reprimand *498 Interfering with a staff member in the 13. Warning performance of duties (offense must be IV. ““Low Moderate” Offense Category of low moderate severity; this charge

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is to be used only when no other 2. Change housing charge in this category is applicable) 3. Remove from program and/or group *499 Conduct that disrupts or interferes activity with the security or orderly running of 4. Loss of job the facility (offense must be of low moderate severity; this charge is to be 5. Impound and store detainee’s personal used only when no other charge in this property category is applicable) 6. Confiscate contraband B. Sanctions 7. Restrict to housing unit 1. Loss of privileges, commissary, vending 8. Reprimand machines, movies, recreation, etc 9. Warning

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4.1 Food Service Practices”). 1. All detainees shall be provided I. Purpose and Scope nutritionally balanced diets that are reviewed at least quarterly by food service This detention standard ensures that personnel and at least annually by a detainees are provided a nutritionally qualified nutritionist or dietitian. balanced diet that is prepared and presented in a sanitary and hygienic food service 2. Detainees, staff and others shall be operation. protected from harm, and facility order shall be maintained, by the application of This detention standard applies to the sound security practices in all aspects of following types of facilities housing ERO food service and dining room operations. detainees: 3. Detainees, staff and others shall be x Service Processing Centers (SPCs); protected from injury and illness by x Contract Detention Facilities (CDFs); adequate food service training and the and application of sound safety and sanitation practices in all aspects of food service and x State or local government facilities used by ERO through Intergovernmental dining room operations. Service Agreements (IGSAs) to hold 4. Dining room facilities and operating detainees for more than 72 hours. procedures shall provide sufficient space and time for detainees to eat meals in a Procedures in italics are specifically required for SPCs and CDFs. IGSA facilities must relatively relaxed, unregimented atmosphere. conform to these procedures or adopt, adapt or establish alternatives, provided they meet 5. Food service facilities and equipment shall or exceed the intent represented by these meet established governmental health and procedures. safety codes, as documented in For all types of facilities, procedures that independent, outside sources. appear in italics with a marked (**) on the 6. Detainees, staff and others shall be page indicate optimum levels of compliance protected from health-related harm by for this standard. advance medical screening and clearance Various terms used in this standard may be before any detainee is assigned to work in defined in standard “7.5 Definitions.” food service operations. 7. Food service areas shall be continuously II. Expected Outcomes inspected by food service staff and other The expected outcomes of this detention assigned personnel on schedules standard are as follows (specific determined by the food service requirements are defined in “V. Expected administrator and by applicable policy

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requirements. Local Detention Facilities, 4th Edition: 4­ 8. Stored food goods shall be maintained in ADLF-4A-01 through 4A-18. (Five of those accordance with required conditions and Expected Practices are mandatory for temperatures. accreditation: 4A-07, 4A-11, 4A-13, 4A-15 and 4A-16.) 9. Food service personnel shall provide nutritious and appetizing meals. ICE/ERO Performance-based National

Nutritional needs are diverse because of Detention Standards 2011: differences in age, activity, physical x “2.7 Key and Lock Control”; and condition, gender, religious preference and x “2.14 Tool Control.” medical considerations. Food service personnel shall accommodate the ethnic FDA Public Health Services Food Code. and religious diversity of the facility’s V. Expected Practices detainee population when developing menu cycles. While each facility must A. Administration meet all ICE/ERO standards and follow 1. Food Service Administrator or Equivalent required procedures, individuality in The food service program shall be under the menu planning is encouraged. direct supervision of an experienced food 10. Therapeutic medical diets and service administrator (FSA) who is supplemental food shall be provided as responsible for the following: prescribed by appropriate clinicians. a. Planning, controlling, directing and 11. Special diets and ceremonial meals shall evaluating food service; be provided for detainees whose religious b. Training and developing cook foremen beliefs require adherence to religious (CF); dietary laws. c. Managing budget resources; 12. Detainees shall receive a religious or special diet free of any personal cost. d. Establishing standards of sanitation, safety and security; 13. Food shall never be used for reward or punishment. e. Developing nutritionally adequate menus and evaluating detainee acceptance of III. Standards Affected them; This detention standard replaces “Food f. Developing specifications for procurement Service” dated 12/2/2008. of food, equipment and supplies; and IV. References g. Establishing a training program that ensures operational efficiency and a high American Correctional Association, quality food service program. Performance-based Standards for Adult

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The food service department shall also be 2. Knife Control staffed by one or more cook supervisors (CS) The knife cabinet must be equipped with an and CF, although the organizational approved locking device. The on-duty CF, structure may differ among facilities, under direct supervision of the CS, shall particularly when food service is provided by maintain control of the key that locks the a food service contractor. Therefore, cabinet.. references to the CS and CF in this detention Knives must be physically secured to standard describe typical duties for those workstations for use outside a secure cutting positions, although the functions may be room. Any detainee using a knife outside a performed by others, depending on the secure area must receive direct staff organizational structure. supervision. Knives shall be inventoried and B. Security stored in accordance with standard “2.14 1. Custody and Security Tool Control.” The facility’s custody and security policy and To be authorized for use in the food service procedures shall address the following: department, a knife must have a steel tang through which a metal cable can be a. buildings or portions of buildings housing mounted. The facility’s tool control officer is the food service department; responsible for mounting the cable to the b. all types of detainee traffic in and out of knife through the steel tang. the department; The FSA/CS shall monitor the condition of c. detainee behavior; knives and other food service utensils, d. control of repairs; disposing of items not in good working order and ordering replacements. If a knife is e. control of utensils with a custodial hazard misplaced or lost, staff shall immediately potential (e.g., knives, cleavers, saws, notify the FSA and Chief of Security, and tableware); shall hold detainees who may have had f. official counts and census; access to the missing knife in the area until a g. area searches; and thorough search is conducted. The responsible CS shall provide the details of h. any other matters having a direct or the loss in a written report to the Chief of indirect bearing on custody and security. Security. The facility’s training officer shall devise The knife cabinet shall meet the tool-control training curricula and provide appropriate standards of the Occupational Safety and training to all food service personnel in Health Administration, as well as any site- detainee custodial issues. Among other specific standards developed by the facility. topics, this training shall cover ICE/ERO’s 3. Key Control current detention standards.

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Keys shall be inventoried and stored in 1) The purchase order for any of these accordance with standard “2.7 Key and Lock items shall specify the special-handling Control.” requirements for delivery. The control room officer shall issue keys only 2) Staff shall store and inventory these in exchange for a name chit from receiving items in a secure area in the food staff. Under no circumstances shall service department. detainees have access to facility keys. 3) Staff shall directly supervise use of The CS shall return the keys to the control these items. room before going off duty. At no time may 5. Work Area Searches anyone carry facility keys outside the All facilities must establish daily searches of facility. detainee work areas (e.g., trash) as standard 4. Controlled Food Items/Hot Items operating procedures, paying particular All facilities shall have procedures for attention to trash receptacles. handling food items that pose a security Searches of detainees leaving certain work threat. areas (e.g., bakery, vegetable preparation, a. Yeast and Yeast Products dining room, warehouse) are required to All yeast must be stored in an area with reduce the possibility that hot food or no detainee access, preferably in a locked contraband can leave the restricted area. metal yeast cabinet for which the food Unless otherwise directed by facility policy or service department has only one key. The special instructions, staff shall prevent locked yeast cabinet shall be maintained detainees from leaving the food service in a secure area. department with any food item. Until the yeast is thoroughly incorporated Food service personnel as well as facility as an ingredient in a food item being detention staff shall conduct food service prepared, only one member of the food area searches. service staff, closely supervised, may 6. Counts handle and dispense it. The FSA shall establish procedures for Staff shall keep a record of the yeast informing staff of the local counting inventory (in pounds and ounces), procedures, and shall establish measures to indicating quantity of receipt and issue, ensure that the procedures are followed. balance on hand and the record-keeper’s Staff must be able to account for detainees at initials. all times. b. Other Food Items The counting officer must have a staff Mace, nutmeg, cloves, sugar and alcohol- observer/backup during each count. based flavorings also require special Detainees shall be assembled in one section handling and storage.

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of the dining room and be required to remain methods and shall identify the safety seated until their names are called, and shall features of individual products and then move to another section of the dining equipment. room. Training shall also include workplace-hazard C. Detainee Workers recognition and deterrence, including the safe 1. Detainee Workforce handling of hazardous materials. Detainees shall learn to use and understand protective Detainees may volunteer for work in devices and clothing and to report any accordance with standard “5.8 Voluntary malfunctions or other safety-related problems Work Program” and must work in to their supervisors. accordance with standard “2.2 Custody The CS must document all training in each Classification System” detainee’s detention file. The number of detainees assigned to the food 4. Detainee Work Hours and Pay service department shall be based on a quota developed by the FSA and approved by the Detainee volunteers shall work and be paid facility administrator. The quota shall in accordance with standard “5.8 Voluntary provide staffing according to actual needs, Work Program.” and shall eliminate any bias toward over- or 5. Meals for Food Service Workers understaffing The FSA shall establish the meal schedules 2. Detainee Job Descriptions for detainee food service workers. The FSA shall review detainee job Detainee workers shall receive the same fare descriptions annually to ensure accuracy and as other detainees. The CS shall not allow specific requirements. Before starting work detainees to prepare “special” dishes or in the department, the detainee shall sign for condiments for their own or other detainees’ receipt of the applicable job description. A consumption. copy of the detainee’s job description shall Detainee workers assigned to the staff dining remain on file for as long as the detainee room may be allowed to eat in that area. All remains assigned to the food service others shall eat in the main dining room, or, department. if the facility has no main dining room, the 3. Detainee Orientation and Training FSA shall designate an area for workers to To ensure a quality food service program and eat. instill good work habits, each CS shall 6. Detainee Clothing instruct newly assigned detainee workers in Detainees assigned to the food service the rules and procedures of the food service department shall have a neat and clean department. During the orientation and appearance. training session(s), the CS shall explain and demonstrate safe work practices and Unless the facility administrator establishes

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other policy, the detainee food worker goals are met. The dining room schedule uniform shall consist of the following: white, must allow no more than 14 hours between short-sleeved, summer-type uniform shirts the evening meal and breakfast. and pants; safety work shoes; and a white Clean, potable drinking water must be paper hat or white cap. White aprons or available. smocks of either cloth or disposable plastic may be part of the uniform. Meals shall always be prepared, delivered and served under staff (or contractor) a. Detainees with hair shoulder-length or supervision. longer shall be required to wear a hair net under their hats or caps. Meals shall be served in as unregimented a manner as possible. The FSA’s table b. Detainees with facial hair shall be arrangement should facilitate ease of required to wear beard guards when movement and ready supervision. The dining working in the food preparation or food room shall have the capacity to allow each serving areas. detainee a minimum of 20 minutes dining c. Detainees working in the garbage room, time for each meal. dish machine room, pan-washing area, 2. Display and Service etc., shall be required to wear rubber or The following procedures apply to the plastic aprons suited to the task and display, service and transportation of food to rubber boots, if required, for sanitation or main and satellite food service areas: safety. a. Before and during the meal, the CS in d. Detainees working in refrigerated and charge shall inspect the food service line freezer areas shall be provided to ensure: appropriately insulated clothing. 7. Use of Tobacco 1) all menu items are ready for consumption; Tobacco in all its forms is prohibited in the food service department. 2) food is appropriately presented; and D. Food Service Dining Room/Satellite 3) sanitary guidelines are observed, with Meals Operations hot foods maintained at a temperature of at least 140 F degrees (120 F degrees 1. General Policy in food trays) and foods that require Ordinarily detainees shall be served three refrigeration maintained at 41 F meals every day, at least two of which shall degrees or below. be hot meals; however, the facility b. Every open food item and beverage shall administrator may approve variations in the be protected from contaminants by easily food service schedule during religious and cleaned sneeze-guards, cabinets, display civic holidays, provided that basic nutritional cases or other such equipment.

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c. Servers must wear food-grade plastic hours at room temperature. gloves and hair nets whenever there is Food shall be delivered from one place to direct contact with a food or beverage. another in covered containers. These may Servers must use tongs, forks, spoons, be individual containers, such as pots with ladles or other such utensils to serve any lids, or larger conveyances that can move food or beverage. Serving food without use objects in bulk, such as enclosed, satellite- of utensils is strictly prohibited. meals carts. d. Servers shall use scoops, tongs or other In any facility, if food carts are delivered approved utensils when handling or to housing units by detainees, they must dispensing ice for consumption. The FSA be locked unless they are under constant shall consider the practicability of supervision of staff. purchasing automatic ice-dispensing equipment. All food-safety procedures (e.g., sanitation, safe-handling, storage, etc.) apply without e. Utensils shall be sanitized: exception to food in transit.

1) as often as necessary to prevent cross- h. Soiled equipment and utensils must be contamination and other food-handling transported to the appropriate receptacles hazards during food preparation and in closed containers. service; i. A member of the food service staff shall

2) after every food preparation/service oversee the loading of satellite meal carts. session; and Staff shall inspect all food carts before 3) again, if necessary, immediately before allowing their removal from the food being used. service area. f. Sugar, condiments, seasonings and 3. Dining Room Workers dressings available for self-service shall be The CF in charge shall train dining room provided in individual packages, closed workers in the requirements of the job, dispensers, or automated condiment- including how to perform specific tasks. A dispensing systems. Salad dressings may basic task common to all dining room be served in open containers if the serving workers is to keep the tables and floors clean ladle extends beyond the top edge of the during the meal service. Once the meal container. service is over and the detainees have left g. If the facility does not have sufficient the room, the workers can undertake major equipment to maintain the minimum or cleaning tasks. maximum temperature required for food 4. Serving Lines safety, the affected items (e.g., salad bar The serving counter shall be designed and staples such as lettuce, meat, eggs, cheese) constructed to separate and insulate the hot must be removed and discarded after two foods on the one hand and the cold foods on

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the other. A transparent “sneeze guard” is 1. General Policy required. The FSA shall base menu selections on the 5. Salad Bars and Hot Bars best nutritional program the facility can afford meeting U.S. minimum daily Food items at salad bars and hot bars allowances. The ICE/ERO standard menu shall be arranged for logical and efficient cycle is 35 days. service. A transparent “sneeze guard” is required. The food service program significantly 6. Beverage Counter/Bar influences morale and attitudes of detainees and staff, and creates a climate for good Self-service beverage-and-ice stations public relations between the facility and the shall be designed for quick and easy community. access. These stations shall be designed for sanitary and efficient service, The overall goal of a quality food service including traffic flow. program is to provide nutritious and appetizing meals efficiently and within 7. Staff Dining Room constraints of the existing budget, personnel The FSA shall have jurisdiction over the resources, equipment and physical layout of staff dining room. The staff dining room the facility. Nutritional needs are diverse shall offer the same food items as the because of differences in age, activity, detainee dining room. physical condition, gender, religious 8. Meal tickets preference and medical considerations. The facility may establish a meal ticket The FSA shall accommodate the ethnic and program for employees and guests. religious diversity of the facility’s detainee population when developing menu cycles. Examples of persons who may receive meals While each facility must meet all ICE/ERO gratis include advisors, guest speakers, standards and follow required procedures, technicians/others rendering a service individuality in menu planning is without charge, equipment demonstrators, encouraged. Institutions geographically near athletic teams, entertainers, foreign visitors, one another shall consider the benefits of volunteers and others whose service to the coordinating their menus and the cost- facility is in the best interest of the reductions to be achieved through joint government. purchasing. Individuals receiving government The FSA is solely responsible for food service reimbursement for their services (e.g., program planning and resource allocation and contract employees, per-diem-status use. personnel) are ineligible for guest meals provided free of charge. 2. Nutritional Analysis E. Menu Planning A registered dietitian shall conduct a

4.1 | Food Service 248 PBNDS 2011 (As Modified by February 2013 Errata)

complete nutritional analysis that meets 2. Preparation Guidelines U.S. Recommended Daily Allowances (RDA), Food shall be prepared with minimal manual at least yearly, of every master-cycle menu contact. Food service workers shall planned by the FSA. The dietitian must thoroughly wash fruits and vegetables with certify menus before they are incorporated fresh water before cooking or serving raw. into the food service program. If necessary, A worker shall test-taste with a clean fork or the FSA shall modify the menu in response spoon only; using a soiled food preparation to the nutritional analysis to ensure utensil is prohibited. Test-tasting utensils, nutritional adequacy. In such cases, the unless disposable, must be washed after menu shall be revised and re-certified by the every usage. Disposable test-tasting utensils registered dietician. shall be discarded after a single use. If the master-cycle menus change Any food cooked at a lower temperature than significantly during the year, the cycle shall provided below constitutes a food safety be reevaluated to ensure nutritional values hazard and shall not be served. Food service are maintained. staff and detainee workers involved in F. Food Preparation cooking shall ensure that the following foods 1. General Policy are cooked at the required temperatures: The CS or equivalent is responsible for a. Raw eggs, fish, meat and foods containing ensuring that all items on the master-cycle these items—145 F degrees or higher menu are prepared and presented according b. Game animals, comminuted (ground) fish to approved recipes. This responsibility and meats, injected meats and eggs not includes assessing the availability and intended for immediate consumption—155 condition of ingredients required by F degrees or higher particular recipes, and communicating c. Stuffing containing fish, meat, or supply needs to the FSA. For this reason, the poultry—165 F degrees or higher CS shall review upcoming menu items as much in advance as possible. d. Roast beef and corned beef—145 F degrees or higher The CS or equivalent has the authority to change menu items when necessary. Every Potentially hazardous foods that have been such change or substitution must be cooked and then refrigerated shall be quickly documented and forwarded to the FSA. The and thoroughly reheated at a minimum of CS shall exercise this menu-changing 165 F degrees before being served. Steam authority as infrequently as possible. tables, warmers and similar hot food holding equipment are prohibited for the rapid Knowledge of ingredients, quantities and reheating of these foods. food preparation techniques and procedures is essential for producing quality products. After being reheated at 165 F degrees, the food may be maintained at 140 F degrees on 4.1 | Food Service 249 PBNDS 2011 (As Modified by February 2013 Errata)

a heated steam line or equivalent warming Nondairy creaming, whitening or whipping equipment. agents may be reconstituted in-house only if immediately stored in sanitized, covered The facility shall obtain pasteurized milk containers not larger than one gallon, and and milk products from approved facilities cooled to 41 F degrees or lower within four only. Manufactured milk products shall meet hours of preparation. federal standards for quality. The CF shall use thermometers to ensure the The facility may use reconstituted dry milk attainment and maintenance of proper and dry milk products for cooking and internal cooking, holding or refrigeration baking purposes, in instant desserts and in temperatures of all potentially hazardous whipped items. If reconstituted in-house, the foods. dry milk and milk products shall be used for cooking purposes only. Powdered milk To prevent cross-contamination, separate reconstituted in an approved milk- cutting boards must be used for raw and dispensing machine or “mechanical cow” may cooked foods. The cutting boards must be be used for drinking purposes. To ensure washed, rinsed and sanitized between every wholesomeness, an approved laboratory shall use. test milk produced in the mechanical cow The FSA may require use of color-coded twice monthly for presence of bacteria. The cutting boards, which reduce the risk of mechanical cow shall be disassembled, cross-contamination during food preparation. cleaned and sanitized before and after each 3. Food Cooling use. Potentially hazardous food must be cooled Powdered milkshake or ice cream mix, from 140 to 70 F degrees within two hours of reconstituted in an approved ice cream cooking, and from 70 to 41 F degrees or machine, may be used. An approved below within four hours. Foods prepared laboratory shall test dairy-based products from ingredients at ambient temperature, produced in the machine for the presence of such as reconstituted foods and canned tuna, bacteria monthly. The ice cream machine must be cooled to 41 F degrees within two shall be disassembled, cleaned and sanitized hours of cooking/preparation. before and after each use. The food service department can meet time­ Liquid, frozen and dry eggs and egg products and-temperature requirements for cooling by are pasteurized at temperatures high enough using any or all of the following techniques, to destroy pathogenic organisms that might which expedite cooling: be present; however, because of the possibility of contamination or a. placing the food in shallow pans; recontamination after opening, thawing or b. separating food into smaller or thinner reconstitution, these products shall be portions; primarily used in cooking and baking. c. using rapid cooling equipment; 4.1 | Food Service 250 PBNDS 2011 (As Modified by February 2013 Errata)

d. stirring the food in a container placed in under refrigeration to cool the food to an ice water bath; 41 F degrees; or e. using containers that facilitate heat c. as part of a cooking process, provided transfer; there is continuous cooking throughout the process. f. adding ice as an ingredient; and/or 5. Food Protection—General Requirements g. using a commercial blast-chiller. Food and ice shall be protected from dust, During cooling, the food containers shall be insects and rodents, unclean utensils and arranged in cooling or cold-holding work surfaces, unnecessary handling, coughs equipment in a way that maximizes heat and sneezes, flooding, drainage, overhead transfer through the walls of the containers. leakage and other sources of contamination. Food protected from overhead contamination Protection shall be continuous, whether the shall be left uncovered during the cooling food is in storage, in preparation, on display period. If the risk of overhead contamination or in transit. exists, the food must be loosely covered to All food storage units must be equipped with facilitate heat transfer from the surface of accurate easy-to-read thermometers. New the food. heating and/or refrigeration equipment 4. Food Thawing purchases shall include a zone-type Potentially hazardous food shall be thawed thermometer with temperature graduations. according to one of the following procedures: Refrigeration equipment shall be designed and operated to maintain a temperature of a. under refrigeration that maintains the 41 F degrees or below. food at 41 F degrees or below; 6. Hermetically Sealed Foods b. submerged in running water; Canned food that has abnormal color, taste 1) at a water temperature of 70 F degrees or appearance, or which is contained in cans or below; that show abnormalities such as bulging at 2) with sufficient water velocity to agitate ends, swelling or leakage, shall not be and float off loose particles in an served. Unsuitable canned food shall be overflow; and surveyed, reported and destroyed. 3) for a period that does not allow thawed 7. Potentially Hazardous Foods portions of ready-to-eat or raw animal Potentially hazardous foods are those foods foods to rise above 41 F degrees; also that provide a good medium for bacteria 4) the allowed periods for thawing include growth. They include any perishable food the time the food is exposed to the that consists in whole or part of milk, milk running water, the time to prepare food products, eggs, meat, poultry, fish or for cooking, and/or the time it takes shellfish or other high-protein foods.

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Potentially hazardous foods shall be requesting a religious diet a reasonable and prepared with minimal manual contact. Such equitable opportunity to observe their products shall be prepared from chilled religious dietary practice, within the ingredients whenever feasible. The surfaces constraints of budget limitations and the of equipment, containers, cutting boards and security and orderly running of the facility, utensils used for preparation and subsequent by offering a common fare menu. Information storage of potentially hazardous food shall be about the availability of religious and special cleaned effectively after each use. diets shall be provided to detainees in a Potentially hazardous food shall be prepared language or manner that they can as close to serving time as practicable. understand. Potentially hazardous raw frozen food shall “Common Fare” refers to a no-flesh protein be cooked from the frozen state whenever option provided whenever an entrée practical. Tempering shall be accomplished by containing flesh is offered as part of a meal. refrigeration at 40 F degrees or below or, with Likewise, a “Common Fare” meal offers potable running water, at 70 F degrees or vegetables, starches and other foods that are below. The potable water technique may be not seasoned with flesh. This diet is designed used only if the product is sealed in its as the foundation from which modifications original container. At no time shall can be made to accommodate the religious potentially hazardous food thaw at room diets of various faiths. temperature. Although the facility administrator has All precooked, potentially hazardous, authority to remove and reinstate detainees’ refrigerated or frozen food intended for participating in the program, ordinarily this reheating hall be heated rapidly to a authority is delegated to the chaplain(s). To temperature above 165 F degrees. participate in the common fare program, a 8. Leftovers detainee shall initiate an “Authorization for Common Fare Participation” form (Appendix Prepared food items that have not been 4.1.A) for consideration by the chaplain (or placed on the serving line may be retained FSA). On the form, the detainee shall for no more than 24 hours. Leftovers offered provide a written statement articulating the for service a second time shall not be religious motivation for participation in the retained for later use, but shall be discarded common fare program. Oral interpretation immediately after offering. All leftovers shall or written assistance shall be provided to be labeled to identify the product, illiterate or limited-English proficient preparation date and time. detainees as necessary in completing this G. Religious/Special Diets form. If participation is approved, the 1. General Policy chaplain or FSA shall forward a copy of the form for inclusion in the detainee’s detention All facilities shall provide detainees file.

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Detainees whose religious beliefs require writing. adherence to particular dietary laws or 2. Standard Common Fare Menu (Religious Diet) generally accepted religious guidelines and Common fare is intended to accommodate practices shall be referred to the chaplain. detainees whose religious dietary needs The chaplain shall verify the religious diet cannot be met on the mainline. The common requirement by reviewing files and fare menu is based on a 14-day cycle, with consulting with religious representatives. special menus for the ten federal holidays. The chaplain and FSA shall collectively The menus must be certified as exceeding verify the requirement and issue specific minimum daily nutritional requirements and written instructions for the implementation meeting RDAs. Beverages shall be selected of the diet as soon as practicable and within from the regular menu. 10 business days of verification. 3. Changes to the standard Common Fare Menu Once a religious diet has been approved, the FSA shall issue, in duplicate, a special-diet Modifications to the standard common fare identification card. menu may be made at the local level for various reasons. For example, seasonal This diet-identification card shall contain the variations affect the availability of fresh following information: produce in different locations, making menu a. detainee name and A-number; modifications inevitable. Modifications may b. type of religious diet prescribed; also be made to meet the requirements of various faith groups (e.g., for the inclusion of c. expiration date, within 90 days; and kosher and/or halal flesh-food options). d. signature of the FSA. With the facility administrator’s The FSA shall contact the appropriate concurrence, the FSA may make temporary, individual or department to obtain a photo of nutritionally equal substitutions for fresh the detainee, and shall attach the photo to seasonal produce that violates no religious the identification card. The FSA shall ensure dietary requirements. The chaplain or local that the food service department receives one religious representatives shall be consulted if copy of the special-diet identification card. technical questions arise. The Chaplain shall The second identification card shall be issued escort other clergy to the common fare to the detainee who, at every meal, must preparation area for frequent, random present the card to the CS on duty. The monitoring of compliance with religious second copy of the consultation sheet shall be dietary requirements. filed in the detainee’s detention file. 4. Hot Entree Availability Any time a detainee on a religious diet To the extent practicable, a hot flesh-food refuses a meal and/or accepts the regular entree shall be available to accommodate mainline meal in place of the religious meal, detainees’ religious dietary needs. Hot the cook on duty shall notify the FSA in

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entrees shall be offered daily and shall be facility orientation. If the facility has a purchased, prepared and served in a manner chaplain, he/she shall also be made aware of that does not violate the religious the policy. requirements of any faith group. 8. Nutritional Requirements 5. Kosher Requirements Common fare menus shall meet RDAs. A With the exception of fresh fruits and detainee who chooses the common fare menu vegetables, the facility’s kosher-food frozen shall select beverages only from the regular entrees shall be purchased precooked in a menu. sealed container, heated and served hot. 9. Instant Food and Beverages Other kosher-food purchases shall be fully The food service shall provide a hot-water prepared, ready-to-use and bearing the urn for reconstituting instant beverages and symbol of a recognized kosher-certification foods for use by detainees. agency. Any item containing pork or a pork product is prohibited. Only bread and 10. Plates and Utensils margarine labeled “pareve” or “parve” shall Common Fare meals shall be served with be purchased for the kosher tray. disposable plates and utensils, except when a 6. Plates and Utensils supply of reusable plates and utensils has been set aside for common fare service only. Kosher trays shall be served with disposable Separate cutting boards, knives, food scoops, plates and utensils, except when a supply of food inserts and other such tools, appliances reusable plates and utensils has been set and utensils shall be used to prepare common aside for kosher-food service only. Separate fare foods, and shall be identified accordingly. cutting boards, knives, food scoops, food Meat and dairy food items and the inserts and other such tools, appliances and preparation and service utensils used with utensils shall be used to prepare kosher-foods, each group shall be stored in areas separate and shall be identified accordingly. Meat and from each other. A separate dishpan shall be dairy food items and the service utensils used provided for cleaning these items, if a with each group shall be stored in areas separate or three-compartment sink is not separate from each other. A separate dishpan available. shall be provided for cleaning these items, if a separate or three-compartment sink is not The chaplain shall escort other clergy to the available. common fare preparation area for frequent, 7. Religious Requirements random monitoring of compliance with religious dietary requirements. If a facility has a no-pork menu, in order to 11. Application and Removal alleviate any confusion for those who observe no-pork diets for religious reasons, the above The facility administrator, in consultation information, within “Section G,” shall be with the chaplain, shall be the approving included in the facility’s handbook and the official for a detainee’s removal from the

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common fare program. remove the detainee from the program. Detainees participating in the common fare Food service staff shall refer to the daily program may also consume items for sale roster to identify detainees in the common through the facility’s commissary program fare program. Staff shall not use this without risk of being removed from the information to disparage a detainee’s religion program, as long as such purchases are or religious views or to attempt to dissuade consistent with the common fare program. him/her from participating in the program. However, purchase of foods items a. The FSA shall monitor the food selections inconsistent with the common fare program of all detainees participating in the may be grounds for removal from the common fare program to ensure the program. legitimacy of their participation. To preserve the integrity and orderly b. Staff shall train and supervise all operation of the religious diet program and detainees with common fare assignments. to prevent fraud, detainees who withdraw or c. A detainee’s temporary adoption of a are removed may not be immediately re­ medically prescribed diet or placement in established back into the program. a Special Management Unit (SMU) shall The process of re-approving a religious diet not affect his/her access to common fare for a detainee who voluntarily withdraws or meals. However, if a prescribed medical who is removed ordinarily may take up to diet conflicts with the common fare diet, ten days. However, repeated withdrawals, the medical diet takes precedence. voluntary or otherwise, may result in a d. A detainee who has been approved for a waiting period of up to one month before the common fare menu must notify the re-approval request is decided. The decision chaplain, in writing, if he/she wishes to to remove and/or reinstate a detainee rests withdraw from the religious diet. Oral with the facility administrator, in interpretation or written assistance shall consultation with the chaplain and/or local be provided to illiterate or limited-English religious representatives, if necessary. proficient detainees as necessary in 12. Annual Ceremonial Meals providing written notice of withdrawal The chaplain, in consultation with local from a religious diet. religious leaders as necessary, shall develop The Chaplain may recommend withdrawal the ceremonial meal schedule for the from a religious diet if the detainee is subsequent calendar year and shall provide documented as being in violation of the this schedule to the facility administrator. terms of the religious diet program to which The schedule shall include the date, religious the detainee has agreed in writing. If a group, estimated number of participants and detainee refuses five consecutive common special foods required. Ceremonial and fare meals, the chaplain may recommend in commemorative meals shall be served in the writing that the facility administrator 4.1 | Food Service 255 PBNDS 2011 (As Modified by February 2013 Errata)

food service facility, unless otherwise requirements, the detainee may approved by the facility administrator. participate in the common fare program during the period in question. The food service department shall be the only source of procurement for food items. To Each facility may provide a bag breakfast maintain equity in menu design, all meals or allow detainees to go to the food service shall be limited to food items on the facility’s department for breakfast before dawn. master-cycle menu. To facilitate food Bag breakfasts shall contain preparation, consultations between the FSA nonperishable items such as ultra-high and local religious representative(s) pasteurized milk, fresh fruit, peanut concerning appropriate menus shall occur six butter, dry cereal, etc. The menu for the to eight weeks in advance of the scheduled common fare program cannot be used for a observance. The religious provider may, bag breakfast. through the food service department, procure b. Passover the ritual observance food items (in minimal The facility shall have the standard quantities). Such items shall not generally Kosher-for-Passover foods available for constitute the main entree for the ceremonial Jewish detainees during the eight-day meal. holiday. The food service department shall 13. Religious Fasts and Seasonal Observances be prepared to provide Passover meals to The common fare program shall new arrivals. accommodate detainees abstaining from All Jewish detainees observing Passover particular foods or fasting for religious shall be served the same Kosher-for- purposes at prescribed times of year, Passover meals, whether or not they are including, but not limited to: participating in the common fare program. a. Ramadan c. Lent During Ramadan, Muslims participating During the Christian season of Lent, a in the fast shall receive the approved meatless meal (lunch and dinner) shall be meals after sundown for consumption in served on the food service line on Fridays the food service department or SMU. and on Ash Wednesday. During the December fast, vegetarian or 14. Common Fare Recordkeeping and Costs hot fish dishes shall replace meat entrees. The FSA shall estimate quarterly costs for Fasters shall receive both noon and the common fare program and include this evening meals after sundown. figure in the quarterly budget. The FSA shall Detainees not participating in the common maintain a record of the actual costs of both fare program, but electing to observe edible and non-edible items. Ramadan or the December fast shall be H. Medical Diets served the main meal after sundown. If the main menu does not meet religious 1. Therapeutic Diets 4.1 | Food Service 256 PBNDS 2011 (As Modified by February 2013 Errata)

Detainees with certain conditions—chronic Satellite meals and microwave instructions or temporary; medical, dental, and/or (if applicable) shall be posted where satellite psychological—shall be prescribed special meals are served. diets as appropriate. Foods shall be kept sufficiently hot or cold to Special (therapeutic) diets shall be arrest or destroy the growth of infectious authorized by the clinical director (CD) on organisms. The FSA shall ensure that staff Form IHSC-819, or equivalent, detainee members understand the special handling special need(s). The form shall specify the required with potentially hazardous foods, type of therapeutic diets to be prescribed and, such as meat, cream or egg dishes. Staff if necessary, renewed, in 90-day increments. must understand the critical importance of Once prescribed, the diet shall be made time and temperature in delivering safe food. available to the detainee by the next business To prevent bacteria growth, food must be day. prepared and held at the proper The cook on duty shall notify the FSA and/or temperatures until served. Satellite tray CS in writing any time a detainee on a meals must be delivered and served within therapeutic diet refuses the special meal or two hours of food being plated. accepts the regular meal from the main food Foods in the potentially hazardous category service line. shall remain under refrigeration until 2. Snacks or Supplemental Meals cooking time and, after cooking, maintained The physician may order snacks or at or above 140 F degrees. Hot foods must be supplemental meals for such reasons as: placed in a heated serving line during tray assembly. Thermal bags and carts, a. insulin-dependent diabetes; refrigerated carts, thermal compartment b. a need to increase protein or calories for trays, etc., shall be used for satellite meals. pregnancy, cancer, AIDS, etc.; and/or Outside foods prepared in bulk for c. a need to take prescribed medication with transportation to a remote housing unit or food. other location shall be transported in I. Specialized Food Service Programs thermal containers that maintain cold items at temperatures below 41 F degrees and/or 1. Satellite Meals hot items at temperatures above 140 F “Satellite meals” refers to food prepared in degrees, excluding items served within the one location for consumption elsewhere (e.g., two-hour window for meal service. general housing units, the SMU, remote 2. Weekend and Holiday Meal Schedule housing areas, etc.). When weekend and/or holiday meal The sanitary standards required in the food schedules differ from the weekday schedule, service department, from preparation to detainees in the SMU shall receive a actual delivery, also apply to satellite meals. continental breakfast or regular breakfast 4.1 | Food Service 257 PBNDS 2011 (As Modified by February 2013 Errata)

items. Brunch service shall conform to the Members of the food service staff shall breakfast meal pattern, and dinner service to prepare sack meals for detainees who are the noon or evening meal pattern. being transported to/from other locations 3. Selection of Menu Courses by bus or air service. While detainee volunteers assigned to the food service Care must be taken to ensure that culturally department shall not be involved in diverse meals are provided in such portions preparing meals for transportation, they as to be nutritionally adequate. may prepare sack meals for on-site 4. Segregation Unit Food Rations consumption. Food items in excess of the normal A designated member of the prescribed ration shall not be given to transportation by land or plane crew shall detainees in segregation units as a reward pick up all sack meals prepared for for good behavior, nor shall food rations be detainee transportation from the food reduced or changed or otherwise used as a service department. Before departing, this disciplinary tool. crew member shall inspect the sacks for: 5. Segregation Unit Sack Lunches 1) quality of contents; Detainees in segregation units shall receive 2) proper wrapping; and sack meals only with the facility 3) correct individual counts. administrator’s written authorization. The medical department shall be consulted when c. Contents necessary. For any detainee who shall be transported 6. Sack Meals by the Flight Operations Unit (FOU), the sack lunch must comply with FOU All meals shall be served from established criteria. Otherwise, the following menus in the dining room or housing units. requirements are applicable: In some circumstances, detainees may be provided sack meals. Each sack shall contain at least two sandwiches, of which at least one shall be Sack meals shall be provided for detainees meat (non-pork). Commercial bread or being transported from the facility, detainees rolls may be preferable because they arriving or departing between scheduled include preservatives. To ensure meal hours, and detainees in the SMU, as freshness, fresh, facility-made bread may provided above. be used only if made on the day of lunch a. Quality preparation. Sandwiches shall be Sack meals shall be of the same individually wrapped or bagged in a nutritional quality as other meals secure fashion to prevent the food from prepared by the food service. spoiling. Meats, cheeses, etc., shall be freshly sliced the day of sandwich b. Preparation preparation. Leftover cooked meats shall 4.1 | Food Service 258 PBNDS 2011 (As Modified by February 2013 Errata)

not be used after 24 hours. maintaining a high level of sanitation in the In addition, each sack shall include: food service department. An effective food sanitation program prevents health 1) one piece of fresh fruit, or properly problems, creates a positive environment packaged canned fruit (or paper cup and encourages a feeling of pride and with lid), complete with a plastic spoon; cooperation among detainees. 2) one ration of a dessert item, like Food service staff shall teach detainee cookies, doughnuts and fruit bars; and workers personal cleanliness and hygiene; 3) such extras as: sanitary methods of preparing, storing and serving food; and the sanitary operation, care a) properly packaged fresh vegetables, and maintenance of equipment, including like celery sticks and carrot sticks; or automatic dishwashers and pot and pan b) commercially packaged “snack washers. foods,” such as peanut butter 2. Personal Hygiene of Staff and Detainees crackers, cheese crackers and individual bags of potato chips. a. All food service personnel shall wear clean garments, maintain a high level of These items enhance the overall personal cleanliness and practice good acceptance of the lunches. hygiene at all times. They shall wash Extremely perishable items such as fruit hands thoroughly with soap or detergent pie, cream pie and other items made with before starting work and as often as milk, cream or other dairy ingredients necessary during the shift to remove soil shall be excluded. or other contaminants. d. Packaging b. Staff and detainees shall not resume work Whenever possible, the food service after visiting the toilet facility without department shall pack sack meals first washing their hands with soap or intended for bus or air service in detergent. The FSA shall post signs to this disposable “snack boxes” that are designed effect. for proper placement of contents and to c. Neither staff nor detainees shall use afford maximum protection during tobacco in a food service work area. If they handling, packaging and transporting. use tobacco in a smoking-permitted area, If necessary, paper bags may be used. they shall wash their hands before These lunches shall be stored in a secured, resuming work. refrigerated area until pickup. d. All staff and detainees working in the food J. Safety and Sanitation preparation and service area(s) shall use effective hair restraints. Personnel with 1. General Policy hair that cannot be adequately restrained All food service employees are responsible for shall be prohibited from food service 4.1 | Food Service 259 PBNDS 2011 (As Modified by February 2013 Errata)

operations. Head coverings, gloves and any transmissible stage or condition. beard guards are encouraged, but not Detainees who have been absent from required, when staff members are work for any length of time for reasons of distributing covered serving trays. communicable illness (including diarrhea) e. Detainee food service workers shall be shall be referred to health services for a

provided with and required to use clean determination of fitness for duty prior to white uniforms while working in a food resuming work. preparation area or on the serving line. b. The medical examination shall be f. All food service personnel working in the conducted in sufficient detail to determine food service department shall be provided the absence of: with and required to use approved rubber- 1) acute or chronic inflammatory condition soled safety shoes. of the respiratory system; g. To prevent cross-contamination, staff and 2) acute or chronic infectious skin disease; detainees who prepare or serve food shall 3) communicable disease; and not be assigned to clean latrines, garbage cans, sewers, drains or grease traps, or 4) acute or chronic intestinal infection. other such duties, during the period of 4. Daily Health Checks food preparation. The CF or detention staff assigned to food h. Only authorized food service personnel service shall inspect all detainee food service shall be tasked with preparing and workers on a daily basis at the start of each serving food. work period. Detainees who exhibit signs of illness, skin disease, diarrhea (admitted or i. Authorization is based on approval from suspected) or infected cuts or boils shall be the facility’s health services department. removed from the work assignment and j. Only authorized personnel shall be immediately referred to health services for allowed in the food preparation, storage or determination of fitness for duty. The utensil-cleaning areas of the food service detainees shall return to work only after the area. FSA has received written clearance from 3. Medical Examination health services staff. a. All food service personnel, including staff 5. Environmental Sanitation and Safety and detainees, shall receive a pre­ All facilities shall meet the following employment medical examination noting environmental standards: the importance of identifying those a. Facilities must be clean and well-lit, and communicable diseases more likely to be must display orderly work and storage found in the immigrant population. The areas. purpose of this examination is to exclude those who have a communicable disease in b. Overhead pipes must be removed or

4.1 | Food Service 260 PBNDS 2011 (As Modified by February 2013 Errata)

covered to eliminate the food-safety hot water (105-120 F degrees). hazard posed by leaking or dusty pipes. j. Garbage and other trash shall be collected c. Walls, floors and ceilings in all areas must and removed as often as possible. be cleaned routinely. Garbage/refuse containers shall have sufficient capacity for the volume and d. Facilities must employ ventilation hoods shall be kept covered, insect- and rodent- to prevent grease buildup and wall/ceiling proof and frequently cleaned. The facility condensation that can drip into food or shall comply with all applicable onto food contact surfaces. Filters or other regulations (local, state and federal) on grease-extracting equipment shall be refuse handling and disposal and standard readily removable for cleaning and “1.2 Environmental Health and Safety.” replacement. k. The premises shall be maintained in a e. The area underneath sprinkler deflectors condition that prevents the feeding or must have at least an 18-inch clearance. nesting of insects and rodents. Outside f. Facilities must possess hazard-free openings shall be protected by tight-fitting storage areas: screens, windows, controlled air curtains 1) Bags, containers, bundles, etc., shall be and self-closing doors. stored in tiers and stacked, blocked, 6. Equipment Sanitation interlocked and limited in height for Information about the operation, cleaning stability and security against sliding or and care of equipment shall be obtained from collapsing. manufacturers or local distributors. A file of 2) No flammable material, loose cords, such reference material shall be maintained debris or other obvious hazards may be in the food service department and used in present. developing equipment cleaning procedures 3) No pests or infestations may be present. for training. Sanitation shall be a primary consideration in the purchase and placement g. Aisles and passageways shall be kept of equipment. clear and in good repair, with no obstruction that may create a hazard or Equipment shall be installed for ease of hamper egress. cleaning, including the removal of soil, food materials and other debris that collects h. To prevent cross-contamination, between pieces of equipment or between the kitchenware and food-contact surfaces equipment and walls or floor. Older facilities shall be washed, rinsed and sanitized that may not have the advantage of the after each use and after any interruption latest designs and equipment can meet of operations during which contamination sanitation standards through careful may occur. planning, training and supervision. i. Facilities must possess a ready supply of The FSA shall develop a schedule for the 4.1 | Food Service 261 PBNDS 2011 (As Modified by February 2013 Errata)

routine cleaning of equipment. contact with food, but located in places 7. Equipment and Utensils exposed to splatters, spills, etc., require frequent cleaning. Therefore, they shall a. Information be reasonably smooth, washable, free of All food service equipment and utensils unnecessary ridges, ledges, projections shall meet the National Sanitation and crevices. Upkeep of equipment Foundation International (NSF) standards surfaces shall contribute to cleanliness or equivalent standards of other agencies. and sanitation. b. Materials d. Installation 1) Materials used in the construction or 1) Equipment shall be installed in repair of multi-use equipment and accordance with the manufacturer’s utensils shall: instructions and good engineering a) be non-toxic, non-corrosive, non­ practices. absorbent, durable under normal 2) Installers shall allow enough space use, smooth and easily cleaned; between pieces of equipment and b) impart no odors, colors or tastes; and between equipment and walls to c) retain their original properties under facilitate routine cleaning. Adjacent repeated use, creating no risk of food- pieces may be butted together if the gap adulteration as they deteriorate. between them is sealed.

2) Paint is prohibited on any surface that e. General Cleaning Procedures may come into contact with food. 1) Moist cloths for wiping food spills on 3) Milk-dispensing tubes shall be cut kitchenware and food-contact surfaces diagonally about two inches from the on equipment shall be clean, rinsed cutoff valve. Bulk milk dispensers shall frequently in sanitizing solution and be equipped with thermometers. used solely for wiping food spills. These cloths shall soak in the sanitizing c. Design and Fabrication solution between uses. 1) All food service equipment and utensils 2) Moist cloths used for non-food-contact (including plastic ware) shall be surfaces like counters, dining table tops designed and fabricated for durability and shelves shall be cleaned, rinsed and under normal use. stored in the same way as the moist a) Such equipment shall be readily cloths used on food-contact surfaces. accessible, easily cleaned and They shall be used on non-food-contact resistant to denting, buckling, surfaces only. pitting, chipping and cracking. 3) Detergents and sanitizers must have 2) Equipment surfaces not intended for Food and Drug Administration

4.1 | Food Service 262 PBNDS 2011 (As Modified by February 2013 Errata)

approval for food service uses. becoming soapy or contaminated. f. Manual Cleaning and Sanitizing c) Sanitize in the third compartment using one of the following methods: 1) A sink with at least three labeled compartments is required for manually i. Immerse for at least 30 seconds in washing, rinsing and sanitizing utensils clean water at a constant and equipment. Each compartment temperature of 171 F degrees that shall have the capacity to accommodate is maintained with a heating the items to be cleaned. Each shall be device and frequently checked supplied with hot and cold water. with a thermometer. Use dish baskets to immerse items 2) Drain-boards and/or easily movable completely. dish-tables shall be provided for utensils and equipment both before and after ii. Immerse for at least 60 seconds in cleaning. a sanitizing solution containing at least 50 parts per million (ppm) 3) Equipment and utensils shall be pre- chlorine at a temperature of at flushed, pre-scraped and, when least 75 F degrees. necessary, pre-soaked to remove gross food particles. A fourth sink iii. Immerse for at least 60 seconds compartment with a garbage-disposal is in a sanitizing solution containing useful for these purposes and shall be at least 12.5 ppm iodine, with a included in plans for facilities being pH not higher than 5.0 and a built or renovated. temperature of at least 75 F degrees. 4) Except for fixed equipment and utensils too large to be cleaned in sink iv. Immerse in a sanitizing solution compartments, the following procedures containing an equivalent apply to cleaning equipment and sanitizing chemical at strengths utensils: recommended by the U.S. Public Health Service. a) Wash in the first sink compartment, using a hot detergent solution v. Periodically check and adjust as changed frequently to keep it free necessary the chemical from soil and grease. concentrations in a sanitizing solution, using a test kit. b) Rinse in or under hot water in the second compartment, changing the vi. Air dry utensils and equipment rinse water frequently. This after sanitizing. compartment shall be kept empty, vii. Steam clean oversized and a sprayer shall be used for equipment, provided the steam rinsing to prevent rinse water from can be confined to the piece of

4.1 | Food Service 263 PBNDS 2011 (As Modified by February 2013 Errata)

equipment. Alternatively, rinse, temperature machine: wash spray or swab with a chemical temperature of 150 F degrees; final sanitizing solution mixed to at rinse, 180 F degrees. least twice the strength required b) Single-tank, stationary rack, single- for immersion sanitizing. temperature machine: wash and g. Mechanical Cleaning and Sanitizing rinse temperature of 165 F degrees. Spray or immersion dishwashers or c) Multi tank, conveyor machine: wash devices, including automatic dispensers temperature of 150 F degrees; for detergents, wetting agents and liquid pumped rinse, 160 F degrees; final sanitizer, shall be maintained in good rinse, 180 F degrees. repair. Utensils and equipment placed in the machine must be exposed to all cycles. d) Single-tank, pot/pan/utensil washer (stationary or moving rack): wash

1) The pressure of the final rinse water temperature of 140 F degrees; final must be between 15 and 25 pounds per rinse, 180 F degrees. square inch (psi) in the water line immediately adjacent to the final-rinse i. When using a chemical spray in a control valve. single-tank, stationary rack, glass- washer, maintain a wash

2) Machine- or water line-mounted temperature of at least 120 F thermometers must be installed to degrees, unless otherwise specified check water temperature in each by the manufacturer. dishwasher tank, including the final rinse water. ii. Air-dry all equipment and utensils after sanitizing, by means of drain Baffles, curtains, etc., must be used to boards, mobile dish tables and/ or prevent wash water from entering the carts. rinse water tank(s) and time conveyors to ensure adequate exposure during h. Equipment and Utensil Storage. Eating each cycle. utensils shall be picked up by their bases or handles only. Utensils shall be stored in Equipment and utensils must be placed perforated pans only. on conveyors or in racks, trays and baskets to expose all food-contact Glasses, tumblers and cups shall be surfaces to detergent, washing and inverted before storing. Other tableware rinsing without obstruction and to and utensils may be either covered or facilitate free draining. inverted. 8. Storage of Clothing and Personal Belongings 3) The following temperatures must be maintained for hot-water sanitizing: Clothes and other personal belongings (e.g., jackets, shoes) shall be stored in designated a) Single-tank, stationary rack, dual­ areas, apart from: 4.1 | Food Service 264 PBNDS 2011 (As Modified by February 2013 Errata)

a. areas for the preparation, storage and 11. Hazardous Materials serving of food; and Only those toxic and caustic materials b. areas for the washing and storing of required for sanitary maintenance of the utensils. facility, equipment and utensils shall be used in the food service department. The FSA shall identify space for storing detainee belongings. a. All food service staff shall know where and 9. Lavatories how much toxic, flammable or caustic material is on hand, and shall be aware Adequate and conveniently located toilet that their use must be controlled and facilities shall be provided for all food service accounted for daily. staff and detainee workers. b. Detainee-type combination locks shall not a. Toilet fixtures shall be of sanitary design be used to secure such material. and readily cleaned. c. All containers of toxic, flammable or b. Toilet rooms and fixtures shall be kept caustic materials shall be prominently and clean and in good repair. distinctively labeled for easy content c. Signs shall be prominently displayed. identification. d. Lavatories shall have readily available hot d. All toxic, flammable and caustic materials and cold water. shall be segregated from food products and stored in a locked and labeled cabinet or e. Soap or detergent and paper towels or a room. hand-drying device providing heated air, shall be available at all times in each e. Cleaning and sanitizing compounds shall lavatory. be stored apart from food products. f. Waste receptacles shall be conveniently f. Toxic, flammable and caustic materials placed near the hand-washing facilities. shall not be used in a manner that may 10. Pest Control contaminate food, equipment or utensils or may pose a hazard to personnel or Good sanitation practices are essential to an detainees working with or consuming food effective pest control program. The FSA is service products. responsible for pest control in the food service department, including contracting g. A system for intermediate storage of the services of an outside exterminator as received hazardous substances shall necessary. secure the materials from time of receipt to time of issue. To protect against insects and other pests, air curtains or comparable devices shall be The FSA shall obtain and file for reference used on outside doors where food is prepared, Material Safety Data Sheets (MSDSs) on all stored or served. flammable, toxic and caustic substances used in the facility as required by standard “1.2 4.1 | Food Service 265 PBNDS 2011 (As Modified by February 2013 Errata)

Environmental Health and Safety.” walls or ceilings shall be maintained in 12. General Safety Guidelines good repair. a. Extension cords shall be UL-listed and e. Lights in food production areas, utensil UL-labeled and may not be used in and equipment washing areas, and other tandem. areas displaying or storing food, equipment, or utensils shall be equipped b. All steam lines within seven feet of the with protective shielding. floor or working surface, and with which a worker may come in contact, shall be f. An approved, fixed fire-suppression insulated or covered with a heat-resistant system shall be installed in ventilation material or otherwise be guarded from hoods over all grills, deep fryers and open contact. Inaccessible steam lines, guarded flame devices. A qualified contractor shall by location, need not be protected from inspect the system every six months. The contact. fire-suppression system shall be equipped with a locally audible alarm and connected c. Machines shall be guarded in compliance to the control room’s annunciator panel. with OSHA standards: g. Hood systems shall be cleaned after each 1) Fans within seven feet of the floor or use to prevent grease build-up, which work surface shall have blade guard constitutes a fire risk. All deep fryers and openings no larger than two inches. grills shall be equipped with automatic 2) Protective eye and face equipment shall fuel or energy shut-off controls. be used, as appropriate, to avert risk of 13. Mandatory Inspection injury. Dangerous areas presenting such risks shall be conspicuously The facility shall implement written marked with eye-hazard warning signs. procedures requiring administrative, medical and/or dietary personnel to conduct the 3) Safety shoes shall be worn in FSA- weekly inspections of all food service areas, designated foot hazard areas. including dining, storage, equipment and 4) Meat saws, slicers and grinders shall be food-preparation areas. equipped with anti-restart devices. All of the food service department equipment 5) The maintenance manager shall (e.g., ranges, ovens, refrigerators, mixers, provide ground fault protection dishwashers, garbage disposal) require wherever needed in the food service frequent inspection to ensure their sanitary department, and shall document this and operable condition. Staff shall check protection for the FSA. refrigerator and water temperatures daily and record the results. The FSA or designee d. Light fixtures, vent covers, wall-mounted shall verify and document requirements of fans, decorative materials and similar food and equipment temperatures. equipment and materials attached to

4.1 | Food Service 266 PBNDS 2011 (As Modified by February 2013 Errata)

The FSA or CS shall inspect food service Since control and location of subsistence areas at least weekly. supplies are site-specific, each FSA shall establish procedures for storing, receiving An independent, external inspector shall and inventorying food. conduct annual inspections to ensure that the food service facilities and equipment On the purchase request for potentially meet governmental health and safety codes. dangerous items (e.g., knives, mace, yeast, nutmeg, cloves and other items considered Personnel inspecting the food service contraband if found in a detainee’s department shall note any recommended possession), the FSA shall mark them “hot,” corrective actions in a written report to the signaling the need for special handling. facility administrator. The facility administrator shall establish the date by 2. Receiving which identified problems shall be corrected. The first step in receiving food is matching Checks of equipment temperatures shall incoming items with the invoice, purchase follow this schedule: order and control specifications. Weekly deliveries of fresh produce, meats and other a. dishwashers: every meal; perishable items shall be inspected for b. pot and pan washers: daily, if water in the freshness, quality and general appearance. third compartment of a three- Staff shall supplement their inspections of compartment sink is used for sanitation perishables with random checks of weight, and the required minimum temperature is count, size, etc. 180 F degrees; and Receiving staff shall examine deliveries c. refrigeration/freezer equipment (walk-in promptly to determine acceptability both for units): site-specific schedule, established quantity and quality, consistent with the by the FSA. contract. If immediate examination is not All temperature-check documentation shall practical upon delivery because inspection be filed and accessible. shall involve time-consuming tests, the vendor shall receive a receipt confirming The FSA shall develop a cleaning schedule delivery of a particular number/gross weight for each food service area and post it for easy of containers in good condition (or, if not, reference. All areas (e.g., walls, windows, noting exceptions). vent hoods) and equipment (e.g., chairs, tables, fryers, ovens) shall be grouped by 3. Food Receipt and Storage frequency of cleaning (e.g., after every use, The following procedures apply when daily, weekly, monthly, semiannually or receiving or storing food: annually). a. Inspect the incoming shipment for K. Food Storage, Receiving and Inventory damage, contamination and pest 1. General Policy infestation. Rats, mice or insects may be

4.1 | Food Service 267 PBNDS 2011 (As Modified by February 2013 Errata)

hiding in the middle of a pallet. contamination. b. Promptly remove damaged pallets and 4. Inventory broken containers of food. Separate Determining inventory levels and properly damaged food containers from other food receiving, storing and issuing goods are and store separately for disposal. Take critical to controlling costs and maintaining special care in handling flour, cereal, nuts, quality. While the FSA shall base inventory sugar, chocolate and other such products levels on facility needs, each facility shall highly susceptible to contamination. always stock a 15-day food supply at a c. Upon finding that an incoming food minimum. shipment has been contaminated, contact Procedures for checking the quality and the FSA/CS for instructions on the next quantity of food and other supplies and their course of action. distribution to the point of use shall comply d. Store all food item products at least six with industry-established policies and inches from the floor and sufficiently far financial management practices. from walls to facilitate pest-control Food service inventory represents significant measures. A painted line may guide pallet financial resources converted into goods in placement. Wooden pallets may be used to the form of food, supplies and equipment. All store canned goods and other non­ food service personnel must be aware of the absorbent containers, but not to store value of the inventory and of his/her dairy products or fresh produce. responsibility for the security of these goods e. Store perishables at 35-40 F degrees to upon receipt. prevent spoilage and other bacterial The master-cycle menus offer guidance to action, and maintain frozen foods at or managers planning inventory levels. below zero degrees. Inventory levels shall be established, f. Prevent cross-contamination by storing monitored and periodically adjusted to foods requiring washing or cooking correct excesses or shortages. separately from those that do not. 5. Stock Rotation g. For rapid cooling, use shallow pans (depth Each facility shall establish a written stock not to exceed four inches). Cover or rotation schedule. otherwise shield refrigerated food from contamination. 6. Perpetual Inventory h. Do not store food in locker rooms, toilet “Perpetual Inventory” is the process of rooms, dressing rooms, garbage rooms or recording all food service purchases and food mechanical rooms, or under sewer lines, distribution. Although details may vary, the potentially leaking water lines, open information recorded always includes the stairwells or other sources of quantity on hand, quantity received,

4.1 | Food Service 268 PBNDS 2011 (As Modified by February 2013 Errata)

quantity issued and unit cost for each food drain for flushing is desirable); and and supply item. d. securing the storeroom under lock and key Perpetual inventory records are important to prevent pilferage—the FSA is because they provide the FSA with up-to­ responsible for key distribution. date information on product usage, and act 8. Refrigerators as a guide for further purchases. Butter, milk, eggs and cream shall be For accurate accounting of all food and separated from foods having strong odors. supplies, a perpetual inventory record is Eggs shall not be subjected to freezing insufficient. An official inventory of stores on temperatures. hand must be conducted annually. Refrigeration units shall be kept under lock All food service departments shall complete a and key when not in use. Walk-in boxes shall physical inventory of the warehouse be equipped with safety locks that require no quarterly. more than 15 pounds of pressure to open 7. The Dry Storeroom easily from the inside. If latches and locks are incorporated in the door’s design and Proper care and control of the dry storeroom operation, the interior release mechanism involves the following: must open the door with the same amount of a. keeping the storeroom dry and cool (45-80 pressure even when locks or bars are in F degrees) to prevent swelling of canned place. goods and general spoilage; Whether new or used, the inside lever of a b. sealing or otherwise making impenetrable hasp-type lock must be able to disengage all wall, ceiling and floor openings to locking devices and provide egress. The FSA, prevent entry of dirt, water, pests, etc.; along with the Safety Manager, shall review c. vigilant housekeeping to keep the room the walk-in freezer(s) and refrigerator(s) to clean and free from rodents and vermin (a ensure that they operate properly.

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Appendix 4.1.A: Authorization for Common Fare Participation

Name of detainee: ______A-number: ______I hereby request authorization to participate in the Common Fare Program. I agree to comply with the program requirements. I understand that if I am observed consuming mainline foods or violating other program requirements, I may be removed from program participation and will not be eligible for immediate reinstatement. Repeated program violations may result in removal from the program for up to one year. I further understand that the same conditions for reinstatement may apply if I voluntarily withdraw from the program for any reason. I understand that I must have a recorded religious preference in order to be eligible for the program and that I must provide a written reason for requesting to participate in the religious diet program. Religious preference: ______Specific reason for wanting to participate in the Common Fare Religious Diet Program:

Signature of detainee:

______A-number: ______

Date: ______

Signature of Chaplain:

______

Date: ______

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Record Copy—Detainee Detention File; Copy - Chaplaincy File; Copy—Detainee

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4.2 Hunger Strikes II. Expected Outcomes I. Purpose and Scope The expected outcomes of this detention standard are as follows (specific This detention standard protects detainees’ requirements are defined in “V. Expected health and well-being by monitoring, Practices”). counseling and providing appropriate 1. Any detainee who does not eat for 72 hours treatment to any detainee who is on a shall be referred to the medical department hunger strike. for evaluation and possible treatment by Nothing in this detention standard is medical and mental health personnel. Prior intended to limit or override the exercise of to 72 hours, staff may refer a detainee for sound medical judgment by the clinical medical evaluation, and when clinically medical authority (CMA) responsible for a indicated, medical staff may refer the detainee’s medical care. Each case must be detainee to a hospital; evaluated on its own merits and specific 2. The ICE/ERO Field Office Director shall circumstances, and treatment shall be given be immediately notified when a detainee in accordance with accepted medical practice. is on a hunger strike, declared or This detention standard applies to the otherwise; following types of facilities housing ERO 3. The detainee’s health shall be carefully detainees: monitored and documented, as shall the x Service Processing Centers (SPCs); detainee’s intake of foods and liquids. The x Contract Detention Facilities (CDFs); clinical director, designated physician or and treating medical staff shall conduct a full clinical and mental health assessment and x State or local government facilities used evaluation, and recommend a course of by ERO through Intergovernmental treatment, intervention or follow-up; Service Agreements (IGSAs) to hold detainees for more than 72 hours. 4. When medically advisable, a detainee on a hunger strike shall be isolated for close Procedures in italics are specifically required supervision, observation and monitoring; for SPCs, CDFs, and Dedicated IGSA facilities. Non-dedicated IGSA facilities 5. Medical, mental health or hospital staff must conform to these procedures or adopt, shall offer counseling regarding medical adapt or establish alternatives, provided risks and detainees shall be encouraged to they meet or exceed the intent represented end the hunger strike or accept medical by these procedures. treatment; Various terms used in this standard may be 6. Refusal of medical treatment shall be defined in standard “7.5 Definitions.” documented in the detainee’s medical file;

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7. Involuntary medical treatment shall be Care, Standards for Health Services in administered only with medical, Jails. psychiatric and legal safeguards; ICE/ERO Performance-based National 8. A record of interactions with the striking Detention Standards 2011: “4.3 Medical detainee, the provision of food, attempted Care.” and successfully administered medical treatment, and communications between V. Expected Practices the CMA, facility administrator and A. Staff Training ICE/ERO regarding the striking detainee All staff shall be trained initially and shall be established; and annually thereafter to recognize the signs of 9. The applicable content and procedures in a hunger strike, and to implement the this standard shall be communicated to procedures for referral for medical the detainee in a language or manner the assessment and for management of a detainee can understand. detainee on a hunger strike. All written materials provided to B. Initial Referral detainees shall generally be translated into Spanish. Where practicable, Procedures for identifying and referring a provisions for written translation shall be detainee suspected or announced to be on a made for other significant segments of the hunger strike to medical staff shall include population with limited English obtaining from qualified medical personnel proficiency. an assessment of whether the detainee’s action is reasoned and deliberate, or the Oral interpretation or assistance shall be manifestation of a mental illness. provided to any detainee who speaks another language into which written Facilities shall immediately notify the local material has not been translated, or who Field Office Director or his/her designee is illiterate. when an ICE/ERO detainee begins a hunger strike. III. Standards Affected 1. Staff shall consider any detainee observed This detention standard replaces “Hunger to have not eaten for 72 hours to be on a Strikes” dated 12/2/2008. hunger strike, and shall refer him/her to the CMA for evaluation and management. IV. References 2. Medical personnel shall document the American Correctional Association, reasons for placing a detainee in a single Performance-based Standards for Adult occupancy observation room. This decision Local Detention Facilities, 4th Edition: 4­ shall be reviewed every 72 hours. Medical ALDF-2A-52, 4D-15. personnel shall monitor the detainee in a National Commission on Correctional Health single-occupancy observation room, when 4.2 | Hunger Strikes 273 PBNDS 2011 (As Modified by February 2013 Errata)

medically advisable and taking into 4. Medical staff shall record all examination consideration the detainee’s mental health results in the detainee’s medical file. needs. If measuring food and liquid 5. If the detainee refuses the initial medical intake/output becomes necessary, medical evaluation or any treatment or other personnel shall make a decision about medical procedures, medical staff must appropriate housing placement. attempt to secure the detainee’s signature C. Initial Medical Evaluation and on a “Refusal of Treatment” form. If the Management detainee will not cooperate by signing, staff shall note this on the “Refusal of Medical staff shall monitor the health of a Treatment” form. detainee on a hunger strike. If a detainee engaging in a hunger strike has been 6. Any detainee refusing medical treatment previously diagnosed with a mental shall be monitored by medical staff to condition, or is incapable of giving informed evaluate whether the hunger strike poses consent due to age or illness, appropriate a risk to the detainee’s life or permanent medical/administrative action shall be taken health. See “Section V,” “E, Refusal to in the best interest of the detainee. Accept Treatment” below in this standard. 1. During the initial evaluation of a detainee 7. If medically necessary, the detainee may on a hunger strike, medical staff shall: be transferred to a community hospital or a detention facility appropriately equipped a. measure and record height and weight; for treatment. b. measure and record vital signs; 8. After the hunger strike, medical staff shall c. perform urinalysis; continue to provide appropriate medical d. conduct psychological/psychiatric and mental health follow-up. Only a evaluation; physician may order a detainee’s release from hunger strike treatment and shall

e. examine general physical condition; and document that order in the detainee’s f. if clinically indicated, proceed with medical record. A notation shall be made other necessary studies. in the detention file when the detainee has ended the hunger strike. 2. Medical staff shall measure and record weight and vital signs at least once every 9. Records shall be kept of all interactions 24 hours during the hunger strike and with the striking detainee, the provision of repeat other procedures as medically food, attempted and successfully indicated. administered medical treatment, and communications between the CMA, 3. Qualified medical personnel may modify facility administrator, and ICE/ERO or augment standard treatment protocols regarding the striking detainee. when medically indicated.

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D. Food and Liquid Intake and Output 2. The physician may recommend involuntary treatment when clinical After consultation with the CMA, the facility assessment and laboratory results administrator may require staff to measure indicate the detainee’s weakening and record food and water intake and output condition threatens the life or long-term as follows: health of the detainee. 1. Record intake and output in the medical a. The facility administrator shall notify record using an IHSC “Hunger Strike ICE/ERO if a detainee is refusing Form” or equivalent; treatment, and the health services 2. Deliver three meals per day to the administrator shall notify the detainee’s room unless otherwise directed respective ICE/ERO Field Office by the CMA—staff shall physically deliver Director in writing of any proposed plan each meal regardless of the detainee’s to involuntarily feed the detainee if the response to an offered meal; hunger strike continues. Under no 3. Provide an adequate supply of drinking circumstances may a facility administer water or other beverages; and involuntary medical treatment without authorization from ICE/ERO. 4. Remove from the detainee’s room all food items not authorized by the CMA. During b. The Field Office Director, in the hunger strike, the detainee may not consultation with the CMA, shall then purchase commissary/vending machine contact the respective ICE Office of food. Chief Counsel and the U.S. Attorney’s Office with jurisdiction. After discussing E. Refusal to Accept Treatment the case, the attorneys shall recommend An individual has a right to refuse medical whether or not to pursue a court order. treatment. Before involuntary medical ICE policy is to seek a court order to treatment is administered, staff shall make obtain authorization for involuntary reasonable efforts to educate and encourage medical treatment. If a court determines the detainee to accept treatment voluntarily. that it does not have jurisdiction to issue Involuntary medical treatment shall be such an order, or a hospital refuses to administered in accordance with established administer involuntary sustenance guidelines and applicable laws and only after pursuant to a court order, ICE/ERO may the CMA determines the detainee’s life or consider other action if the hunger strike health is at risk. continues. 1. Medical staff shall explain to the detainee 1) If a court order is to be pursued, the medical risks associated with refusal ICE/ERO shall work with the local of treatment, and shall document ICE Office of Chief Counsel to work treatment efforts in the detainee’s medical with the U.S. Attorney’s Office to record. make the arrangements for a court 4.2 | Hunger Strikes 275 PBNDS 2011 (As Modified by February 2013 Errata)

hearing. and 3. Medical staff shall: c. continue medical and mental health follow-up as necessary. a. document all treatment efforts and each treatment refusal in the detainee’s F. Release from Treatment medical record; Only the physician may order the b. continue clinical and laboratory termination of hunger strike treatment; the monitoring as necessary until the order shall be documented in the detainee’s detainee’s life or health is out of danger; medical record.

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4.3 Medical Care Practices”). 1. Detainees shall have access to a I. Purpose and Scope continuum of health care services, This detention standard ensures that including screening, prevention, health detainees have access to appropriate and education, diagnosis and treatment. necessary medical, dental and mental health **Medical facilities within the detention care, including emergency services. facility shall achieve and maintain current This detention standard applies to the accreditation with the standards of the following types of facilities housing ERO National Commission on Correctional detainees: Health Care (NCCHC), and shall maintain compliance with those x Service Processing Centers (SPCs); standards. x Contract Detention Facilities (CDFs); 2. The facility shall have a mental health and staffing component on call to respond to x State or local government facilities used the needs of the detainee population 24 by ERO through Intergovernmental hours a day, seven days a week. Service Agreements (IGSAs) to hold 3. All vital medical information shall be detainees for more than 72 hours. communicated to the detainee in a Procedures in italics are specifically required language or manner the detainee can for SPCs, CDFs, and Dedicated IGSA understand. facilities. Non-dedicated IGSA facilities All written materials provided to must conform to these procedures or adopt, detainees shall generally be translated adapt or establish alternatives, provided into Spanish. Where practicable, they meet or exceed the intent represented provisions for written translation shall be by these procedures. made for other significant segments of the For all types of facilities, procedures that population with limited English appear in italics with a marked (**) on the proficiency. page indicate optimum levels of compliance Oral interpretation or assistance shall be for this standard. provided to any detainee who speaks Various terms used in this standard may be another language in which written defined in standard “7.5 Definitions.” material has not been translated or who is illiterate. II. Expected Outcomes Newly-admitted detainees shall be The expected outcomes of this detention informed orally or in a manner in which standard are as follows (specific the detainee understands about how to requirements are defined in “V. Expected access, appeal or communicate concerns

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about health services. practitioner. 4. Detainees shall be able to request health 9. Twenty-four hour emergency medical and services on a daily basis and shall receive mental health services shall be available timely follow-up. to all detainees. 5. Detainees shall receive continuity of care 10. Centers for Disease Control and from time of admission to time of transfer, Prevention (CDC) guidelines for the release or removal. Detainees, who have prevention and control of infectious and received medical care, released from communicable diseases shall be followed. custody or removed shall receive a 11. Occupational Safety and Health discharge plan, a summary of medical Administration (OSHA) and applicable records, any medically necessary state guidelines for managing bio­ medication and referrals to community- hazardous waste and decontaminating based providers as medically-appropriate. medical and dental equipment shall be 6. A detainee who is determined to require followed. health care beyond facility resources shall 12. Detainees with chronic conditions shall be transferred in a timely manner to an receive care and treatment, as needed, appropriate facility. A written list of that includes monitoring of medications, referral sources, including emergency and diagnostic testing and chronic care routine care, shall be maintained and clinics. updated annually. 13. The facility administrator shall notify

7. A transportation system shall provide ICE/ERO, in writing, of any detainee timely access to health care services that whose medical or mental health needs are not available at the facility. require special consideration in such Procedures for use of this transportation matters as housing, transfer or system shall include: a) prioritization of transportation. medical needs; b) urgency (such as the use of an ambulance instead of standard 14. Each detainee shall receive a transportation); c) transfer of medical comprehensive medical, dental and information and medications; and d) mental health intake screening within 12 safety and security concerns of all persons. hours upon arrival at each detention facility. 8. A detainee who requires close, chronic or convalescent medical supervision shall be 15. Each detainee shall receive a treated in accordance with a written comprehensive health assessment, treatment plan conforming to accepted including a physical examination and medical practices for the condition in mental health screening, by a qualified, question, approved by a licensed licensed health care professional no later physician, dentist or mental health than 14 days after entering into ICE

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custody or arrival at facility. For the trained and qualified personnel, whose purposes of the comprehensive medical duties are governed by thorough and examination, a qualified licensed health detailed job descriptions and who are provider includes the following: physicians, licensed, certified, credentialed and/or physician assistants, nurses, nurse registered in compliance with applicable practitioners, or others who by virtue of state and federal requirements. their education, credentials and experience 22. Detention and health care personnel shall are permitted by law to evaluate and care be trained initially and annually in the for patients. proper use of emergency medical 16. Qualified, licensed health care equipment and shall respond to health- professionals shall classify each detainee related emergency situations. on the basis of medical and mental health 23. Information about each detainee’s health needs. Detainees shall be referred for status shall be treated as confidential, evaluation, diagnosis, treatment and and health records shall be maintained in stabilization as medically indicated. accordance with accepted standards 17. Use of restraints on pregnant women and separately from other detainee detention for medical or mental health purposes files and be accessible only in accordance shall be subject to the requirements with written procedures and applicable specified in standard “2.15 Use of Force laws. Health record files on each detainee and Restraints.” shall be well organized, available to all practitioners and properly maintained 18. Detainees experiencing severe, life- and safeguarded. threatening intoxication or withdrawal symptoms shall be transferred 24. Informed consent standards shall be immediately for either on-site or off-site observed and adequately documented. emergency department evaluation. Staff shall make reasonable efforts to ensure that detainees understand their 19. Pharmaceuticals and non-prescription medical condition and care. medicines shall be secured, stored and inventoried. 25. Medical and mental health interviews, screenings, appraisals, examinations and 20. Prescriptions and medications shall be administering of medication shall be ordered, dispensed and administered in a conducted in settings that respect timely manner and as prescribed by a detainees’ privacy in accordance with safe licensed health care professional. This and/orderly operations of the facility. shall be conducted in a manner that seeks to preserve the privacy and personal 26. Detainees shall be provided same-sex health information of detainees. chaperones as appropriate or as requested. 21. Health care services shall be provided by a sufficient number of appropriately 27. Detainees in Special Management Units

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(SMUs) shall have access to the same or Standards for Health Services in equivalent health care services as Correctional Institutions, Health Services detainees in the general population, as for Women. specified in standard “2.12 Special Centers for Disease Control and Prevention Management Units.” website, www.cdc.gov (for the most current 28. **Adequate space and staffing for the guidelines and recommendations on use of services of the ICE Tele-Health tuberculosis case management and control, Systems, inclusive of tele-radiology HIV management, health care acquired (ITSP) and tele-medicine, shall be infections, infection control, influenza provided. management, respiratory protection, infectious diseases of public health 29. All detainees shall receive medical and significance, emerging infectious diseases, mental health screenings, interventions and correctional health) and treatments for gender-based abuse and/or violence, including sexual assault United States Department of Health and and domestic violence. Human Services, HIV Clinical Guidelines Portal, 30. This standard and the implementation of http://aidsinfo.nih.gov/Guidelines/default.asp this standard will be subject to internal x (for the most current national guidelines on review and a quality assurance system in HIV Management) order to ensure the standard of care in all facilities is high. Infectious Diseases Society of America, http://www.idsociety.org/Content.aspx?id=90 III. Standards Affected 88 (for the most current infectious diseases This detention standard replaces “Medical practice guidelines prepared or endorsed by Care” dated 12/2/2008. the Infectious Diseases Society of America) IV. References National Commission on Correctional Health Care, Standards for Health Services in American Correctional Association, Jails (2008): JG-06, JG-07, JG-08, JG-09. Performance-based Standards for Adult Exec. Order 13166. Local Detention Facilities, 4th Edition: 4­ ALDF-2A-15, 4C-01 through 4C-31, 4C-34 ICE/ERO Performance-based National through 4C-41, 4D-01 through 4D-21, 4D-23 Detention Standards 2011: through 4D-28, 2A-45, 7D-25. x “1.2 Environmental Health and Safety,” American College of Obstetricians and particularly in regard to storing, Gynecologists, Guidelines for Women’s inventorying and handling needles and Health Care (3rd edition. 2007); “Special other sharp instruments; standard Issues in Women’s Health” (2005). precautions to prevent contact with blood and other body fluids; sanitation American Public Health Association

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and cleaning to prevent and control community. infectious diseases; and disposing of 8. Staff or professional language services hazardous and infectious waste; necessary for detainees with limited x “2.11 Sexual Abuse and Assault English proficiency (LEP) during any Prevention and Intervention”; medical or mental health appointment, sick call, treatment, or consultation. x “4.2 Hunger Strikes”; B. Designation of Authority x “4.6 Significant Self-harm and Suicide Prevention and Intervention”; and A designated health services administrator x “4.7 Terminal Illness, Advance (HSA) or the equivalent in non-IHSC staffed Directives and Death.” detention facilities shall have overall responsibility for health care services ICE Health Service Corps (IHSC) Policies pursuant to a written agreement, contract or and Procedures Manual. job description. The HSA is a physician or The Joint Commission. health care professional and shall be identified to detainees. www.flu.gov The designated clinical medical authority www.aids.gov (CMA) at the facility shall have overall V. Expected Practices responsibility for medical clinical care pursuant to a written agreement, contract or A. General job description. The CMA shall be a medical Every facility shall directly or contractually doctor (MD) or doctor of osteopathy (DO). provide its detainee population with the The CMA may designate a clinically trained following: professional to have medical decision making 1. Initial medical, mental health and dental authority in the event that the CMA is screening; unavailable. 2. Medically necessary and appropriate When the HSA is other than a physician, medical, dental and mental health care final clinical judgment shall rest with the and pharmaceutical services; facility’s designated CMA. In no event shall clinical decisions be made by non-clinicians. 3. Comprehensive, routine and preventive health care, as medically indicated; The HSA shall be authorized and responsible for making decisions about the deployment of 4. Emergency care; health resources and the day-to-day 5. Specialty health care; operations of the health services program. The CMA together with the HSA establishes 6. Timely responses to medical complaints; the processes and procedures necessary to and meet the medical standards outlined herein. 7. Hospitalization as needed within the local

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All facilities shall provide medical staff and c. control, treatment and prevention sufficient support personnel to meet these strategies; standards. A staffing plan will be reviewed d. protection of detainee confidentiality; at least annually which identifies the positions needed to perform the required e. media relations, in coordination with the services. local Public Affairs Officer (PAO); Health care personnel perform duties within f. procedures for the identification, their scope of practice for which they are surveillance, immunization, follow-up and credentialed by training, licensure, isolation of patients; certification, job descriptions, and/or written g. hand hygiene standing or direct orders by personnel h. management of infectious diseases and authorized by law to give such orders. reporting them to local and/or state health The facility administrator, in collaboration departments in accordance with with the CMA and HSA, negotiates and established guidelines and applicable maintains arrangements with nearby laws; and medical facilities or health care providers to i. management of bio-hazardous waste and provide required health care not available decontamination of medical and dental within the facility, as well as identifying equipment that complies with applicable custodial officers to transport and remain laws and standard “1.2 Environmental with detainees for the duration of any off-site Health and Safety.” treatment or hospital admission. Facilities shall comply with current and C. Communicable Disease and Infection future plans implemented by federal, state or Control local authorities addressing specific public 1. General health issues including communicable disease reporting requirements. Infectious and Each facility shall have written plans that communicable disease control activities shall address the management of infectious and be reviewed and discussed in the quarterly communicable diseases, including screening, administrative meetings as described in prevention, education, identification, Section V.BB of this detention standard. monitoring and surveillance, immunization Designated medical staff shall report to the (when applicable), treatment, follow-up, IHSC Epidemiology Unit all cases of isolation (when indicated) and reporting to individuals diagnosed with infectious local, state and federal agencies. diseases of public health significance. Plans shall include: 2. Tuberculosis (TB) Management a. coordination with local public health As indicated in this standard below in the authorities; section on “Medical Screening of New b. ongoing education for staff and detainees; Arrivals,” screening for TB is initiated at

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intake and in accordance with Center for numbers). Disease Control and Prevention (CDC) b. Report all cases to the ICE headquarters guidelines. IHSC Epidemiology Unit within one All new arrivals shall receive TB screening working day. within 12 hours of intake and in accordance Reporting shall include names, aliases, with CDC guidelines (www.cdc.gov/tb). For date of birth, alien number, case detainees that have been in continuous law status/classification, available diagnostic enforcement custody, symptom screening and lab results, treatment status plus documented TB screening within six (including drugs and dosages), treatment months of arrival may be accepted for intake start date, a summary case report, and a screening purposes. point of contact and telephone number for Annual or periodic TB testing shall be follow-up. implemented in accordance with CDC c. Report any movement of TB patients, guidelines. including hospitalizations, facility Detainees with symptoms suggestive of TB, transfers, releases, or or with suspected or confirmed active TB removals/deportations to the local and/or disease based on clinical and/or laboratory state health department and the IHSC findings, shall be placed in a functional Epidemiology Unit. airborne infection isolation room with When treatment is indicated, multi-drug, negative pressure ventilation and be anti-TB therapy shall be administered using promptly evaluated for TB disease. Patients directly observed therapy (DOT) in with suspected active TB shall remain in accordance with American Thoracic Society airborne infection isolation until determined (ATS) and CDC guidelines. For patients with by a qualified provider to be noncontagious drug-resistant or multi-drug-resistant TB, in accordance with CDC guidelines. the state or local health department shall be For all patients with confirmed and consulted to establish a customized suspected active tuberculosis, designated treatment regimen and treatment plan. medical staff shall: Patients receiving anti-TB therapy shall be provided with a 15 day supply of medications a. Report all cases to local and/or state and appropriate education when transferred, health departments within one working released or deported, in an effort to prevent day of meeting reporting criteria and in interruptions in treatment until care is accordance with established guidelines continued in another location. and applicable laws, identified by the custodial agency and the detainee’s Treatment for latent TB infection (LTBI) identifying number of that agency (ICE shall not be initiated unless active TB detainees are reported as being in ICE disease is ruled out. custody and are identified by their alien Designated medical staff shall coordinate

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with the IHSC Epidemiology Unit and the A detainee may request hepatitis testing local and/or state health department to at any time during detention facilitate an international referral and b. HIV continuity of therapy. Designated medical A detainee may request HIV testing at staff shall collaborate with the local and/or any time during detention. Persons who state health department on tuberculosis and must feed, escort, directly supervise, other communicable diseases of public health interview or conduct routine office work significance. with HIV patients are not considered at 3. Varicella risk of infection. However, persons Designated medical staff shall notify the regularly exposed to blood are at risk. IHSC Epidemiology Unit of any varicella Facilities shall develop a written plan to (e.g., herpes zoster [shingles], chicken pox) ensure the highest degree of cases among ICE detainees and of any ICE confidentiality regarding HIV status and detainees exposed to active varicella without medical condition. Staff training must a history of prior varicella or varicella emphasize the need for confidentiality, immunization. and procedures must be in place to limit access to health records to only authorized 4. Bloodborne Pathogens individuals and only when necessary. Infection control awareness shall be The accurate diagnosis and medical communicated on a regular basis to management of HIV infection among correctional and medical staff, as well as detainees shall be promoted. An HIV detainees. Detainees exposed to potentially diagnosis may be made only by a licensed infectious body fluids (e.g., through needle health care provider, based on a medical sticks or bites) shall be afforded immediate history, current clinical evaluation of signs medical assistance, and the incident shall be and symptoms and laboratory studies. reported as soon as possible to the clinical director or designee and documented in the c. Clinical Evaluation and Management medical file. All detainees shall be assumed Medical personnel shall provide all to be infectious for bloodborne pathogens, detainees diagnosed with HIV/AIDS and standard precautions are to be used at medical care consistent with national all times when caring for all detainees. recommendations and guidelines disseminated through the U.S. Each facility shall establish a written plan to Department of Health and Human address exposure to bloodborne pathogens; Services, the CDC, and the Infectious the management of hepatitis A, B, and C; Diseases Society of America. Medical and and the management of HIV infection, pharmacy personnel shall ensure that all including reporting. Food and Drug Administration (FDA) a. Hepatitis medications currently approved for the treatment of HIV/AIDS are accessible.

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Medical and pharmacy personnel shall 2) Following a clinical evaluation, if a develop and implement distribution detainee manifests symptoms requiring procedures to ensure timely and treatment beyond the facility’s confidential access to medications. capability, the provider shall recommend the detainee’s transfer to a Many of these guidelines are available local hospital or other appropriate through the following links: facility for further medical testing, final http://aidsinfo.nih.gov/Guidelines/default.a diagnosis and acute treatment as spx needed, consistent with local operating http://www.cdc.gov/hiv/resources/guideline procedures. s/index.htm#treatment http://www.idsociety.org/Content.aspx?id= 3) Any detainee with active tuberculosis 9088 shall also be evaluated for possible HIV infection. Medical and pharmacy personnel shall ensure the facility maintains access to 4) New HIV-positive diagnoses must be adequate supplies of FDA-approved reported to government bodies medications for the treatment of according to state and local laws and HIV/AIDS to ensure newly admitted requirements; the HSA is responsible detainees shall be able to continue with for ensuring that all applicable state their treatments without interruption. requirements are met. Upon release, detainees currently The “Standard Precautions” section of receiving highly active antiretroviral standard “1.2 Environmental Health therapy and other drugs shall receive up and Safety” provides more detailed to a 30-day supply of their medications as information. medically appropriate. D. Notifying Detainees about Health Care When current symptoms are suggestive of Services HIV infection, the following procedures shall be implemented. In accordance with standard “6.1 Detainee Handbook,” the facility shall provide each 1) Clinical evaluation shall determine the detainee, upon admittance, a copy of the medical need for isolation. detainee handbook and local supplement, in Detainees with HIV shall not be which procedures for access to health care separated from the general population, services are explained. either pending a test result or after a Health care practitioners should explain any test report, unless clinical evaluation rules about mandatory reporting and other reveals a medical need for isolation. limits to confidentiality in their interactions Segregation of HIV-positive detainees is with detainees. Informed consent shall be not necessary for public health obtained prior to providing treatment purposes.

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(absent medical emergencies). Consent forms and treatment in private while ensuring and refusals shall be documented and placed safety. in the detainee’s medical file. A holding/waiting area shall be located in the In accordance with the section on Orientation medical facility under the direct supervision in standard “2.1 Admission and Release,” of custodial officers. A detainee toilet and access to health care services, the sick call drinking fountain shall be accessible from and medical grievance processes shall be the holding/waiting area. included in the orientation curriculum for 2. Medical Records newly admitted detainees. Medical records shall be kept separate from E. Translation and Language Access for detainee detention records and stored in a Detainees with Limited English securely locked area within the medical unit. Proficiency 3. Medical Housing Facilities shall provide appropriate If there is a specific area, separate from interpretation and language services for LEP other housing areas, where detainees are detainees related to medical and mental admitted for health observation and care health care. Where appropriate staff under the supervision and direction of health interpretation is not available, facilities will care personnel, consideration shall be given make use of professional interpretation to the detainee’s age, gender, medical services. Detainees shall not be used for requirements and custody classification and interpretation services during any medical or the following minimum standards shall be mental health service. Interpretation and met: translation services by other detainees shall a. Care only be provided in an emergency medical situation. 1) Physician at the facility or on call 24 hours per day; Facilities shall post signs in medical intake areas in English, Spanish, and languages 2) Qualified health care personnel on duty spoken by other significant segments of the 24 hours per day when patients are facility’s detainee population listing what present; language assistance is available during any 3) Staff members within sight or sound of medical or mental health treatment, all patients; diagnostic test, or evaluation. 4) Maintenance of a separate medical F. Facilities housing record distinct from the 1. Examination and Treatment Area complete medical record; and Adequate space and equipment shall be 5) Compliance with all established furnished in all facilities so that all detainees guidelines and applicable laws. may be provided basic health examinations Detainees in medical housing shall

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have access to other services such as b) all housing units with three or more telephone, legal access and materials, detainees shall have a minimum of consistent with their medical two toilets. conditions. G. Pharmaceutical Management Prior to placing a mentally ill detainee Each detention facility shall have and in medical housing, a determination comply with written policy and procedures shall be made by a medical or mental for the management of pharmaceuticals, to health professional that placement in include: medical housing is medically necessary. 1. a formulary of all prescription and b. Wash Basins, Bathing Facilities and nonprescription medicines stocked or Toilets routinely procured from outside sources; 1) Detainees shall have access to operable 2. identification of a method for promptly washbasins with hot and cold running approving and obtaining medicines not on water at a minimum ratio of 1 for every the formulary; 12 detainees, unless state or local building codes specify a different ratio. 3. prescription practices, including requirements that medications are 2) Sufficient bathing facilities shall be prescribed only when clinically indicated, provided to allow detainees to bathe and that prescriptions are reviewed before daily, and at least one shall be being renewed; configured and equipped to accommodate detainees with physical 4. procurement, receipt, distribution, impairments or who need assistance to storage, dispensing, administration and bathe. Water shall be thermostatically disposal of medications; controlled to temperatures ranging 5. secure storage and disposal and perpetual from 100 F to 120 F degrees. inventory of all controlled substances 3) Detainees shall have access to operable (DEA Schedule II-V), syringes, and toilets and hand-washing facilities 24 needles; hours per day and shall be permitted to 6. medicine administration error reports to use toilet facilities without staff be kept for all administration errors; assistance. Unless state or local 7. all staff responsible for administering or building or health codes specify having access to pharmaceuticals to be otherwise: trained on medication management before a) toilets shall be provided at a beginning duty; minimum ratio of 1 to every 12 8. all pharmaceuticals to be stored in a detainees in male facilities and 1 for secure area with the following features: every 8 in female facilities, and a. a secure perimeter;

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b. access limited to authorized medical license does not meet this requirement. staff (never detainees); J. Medical and Mental Health Screening of c. solid walls from floor to ceiling and a New Arrivals solid ceiling; Within 12 hours of arrival, all detainees d. a solid core entrance door with a high shall receive, by a health care provider or a security lock (with no other access); and specially trained detention officer, an initial e. a secure medication storage area; medical, dental and mental health screening and be asked for information regarding any 9. administration and management in known acute or emergent medical conditions. accordance with state and federal law; Any detainee responding in the affirmative 10. supervision by properly licensed shall be sent for evaluation to a qualified, personnel; licensed health care provider as quickly as 11. administration of medications by properly possible, but in no later than two working licensed, credentialed, trained personnel days. For intrasystem transfers, a qualified under the supervision of the health health care professional will review each services administrator (HSA), clinical incoming detainee’s health record or health medical authority (CMA), both; and summary within 12 hours of arrival, to ensure continuity of care. 12. documentation of accountability for administering or distributing For LEP individuals, interpretation for the medications in a timely manner, and screening will be conducted by facility staff according to licensed provider orders. with appropriate language capabilities or through professional interpretation services, H. Nonprescription Medications as described in Section E of this standard The facility administrator and HSA shall (“Translation and Language Access for jointly approve any nonprescription Detainees with Limited English medications that are available to detainees Proficiency”). outside of health services (e.g., sold in If screening is performed by a detention commissary, distributed by housing officers, officer, the facility shall maintain etc.), and shall jointly review the list, on an documentation of the officer’s special annual basis at a minimum. training, and the officer shall have available I. Medical Personnel for reference the training syllabus, to include education on patient confidentiality of All health care staff must be verifiably disclosed information. licensed, certified, credentialed, and/or registered in compliance with applicable state The screening shall inquire into the and federal requirements. Copies of the following: documents must be maintained on site and 1. any past history of serious infectious or readily available for review. A restricted

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communicable illness, and any treatment 19. any history of physical or sexual or symptoms; victimization and when the incident occurred. 2. history of physical and mental illness; Where there is a clinically significant finding 3. pain assessment; as a result of the initial screening, an 4. current and past medication; immediate referral shall be initiated and the 5. allergies; detainee shall receive a health assessment no later than two working days from the 6. past surgical procedures; initial screening. 7. symptoms of active TB or previous TB For further information and guidance, see treatment; standard “2.1 Admission and Release.” 8. dental care history; Initial screenings shall be conducted in 9. use of alcohol, tobacco and other drugs, settings that respect detainees’ privacy and including an assessment for risk of include observation and interview questions potential withdrawal; related to the detainee’s potential suicide 10. possibility of pregnancy; risk and possible mental disabilities, including mental illness. For further 11. other relevant health problems identified information, see standard “4.6 Significant by the CMA responsible for screening Self-harm and Suicide Prevention and inquiry; Intervention.” 12. observation of behavior, including state of If, at any time during the screening process, consciousness, mental status, there is an indication of need of, or a request appearance, conduct, tremor, sweating; for, mental health services, the HSA must be 13. history of suicide attempts or current notified within 24 hours. The CMA, HSA or suicidal/homicidal ideation or intent; other qualified licensed health care provider 14. observation of body deformities and other shall ensure a full mental health evaluation, physical abnormalities; if indicated. If a detainee discloses a history of sexual victimization or abuse during a 15. inquire into a transgender detainee’s medical or mental health intake screening, gender self-identification and history of whether it occurred in an institutional transition-related care, when a detainee setting or in the community, a referral to a self-identifies as transgender; qualified, licensed health care provider shall 16. past hospitalizations; be made immediately. For further 17. chronic illness (including, but not limited information, please see standard “2.11 to, hypertension and diabetes); Sexual Abuse and Assault Prevention and Intervention.” 18. dietary needs; and See “L. Comprehensive Health Assessment,”

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and “N. Mental Health Program” below. evaluation and treatment of new arrivals All facilities shall have policies and who require detoxification. procedures in place to ensure documentation Detainees experiencing severe or life- of the initial health screening and threatening intoxication or withdrawal shall assessment. be transferred immediately to an emergency The health intake screening shall be department for evaluation. conducted using the In-Processing Health Once evaluated, the detainee will be referred Screening Form (IHSC 794) or equivalent to an appropriate facility qualified to provide and shall be completed prior to the detainee’s treatment and monitoring for withdrawal, or placement in a housing unit. Upon treated on-site if the facility is staffed with completion of the In-Processing Health qualified personnel and equipment to Screening form, the detention officer shall provide appropriate care. immediately notify medical staff when one or L. Comprehensive Health Assessment more positive responses are documented. Medical staff will then assess priority for Each facility’s health care provider shall treatment (e.g. urgent, today or routine). conduct a comprehensive health assessment, including a physical examination and mental Limited-English proficient detainees and health screening, on each detainee within 14 detainees who are hearing impaired shall be days of the detainee’s arrival unless more provided interpretation or translation immediate attention is required due to an services or other assistance as needed for acute or identifiable chronic condition. medical care activities. Physical examinations shall be performed by Language assistance may be provided by a physician, physician assistant, nurse another medical staff member competent in practitioner, RN (with documented training the language or by a professional service, provided by a physician) or other health care such as a telephone interpretation service. practitioner as permitted by law. K. Substance Dependence and If documentation exists of such a health Detoxification assessment within the previous 90 days, the facility health care provider upon review All detainees shall be evaluated through an may determine that a new appraisal is not initial screening for use of and/or dependence required. on mood- and mind-altering substances, alcohol, opiates, hypnotics, sedatives, etc. Medical, dental and mental health Detainees who report the use of such interviews, examinations and procedures substances shall be evaluated for their shall be conducted in settings that respect degree of reliance on and potential for detainees’ privacy. withdrawal from the substance. A detainee’s request to see a health care The CMA shall establish guidelines for provider of a particular gender should be

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accommodated, whenever possible. 1. medical conditions requiring ongoing Otherwise, detainees shall be provided same- therapy, such as: sex chaperones if requested. a. active TB The CMA shall be responsible for review of b. infectious diseases all comprehensive health assessments to assess the priority for treatment. c. chronic conditions Detainees diagnosed with a communicable 2. mental health conditions requiring disease shall be isolated according to ongoing therapy, such as: national standards of medical practice and a. suicidal behavior or tendencies procedures. 3. ongoing physical therapy M. Medical/Psychiatric Alerts and Holds 4. pregnancy Where a detainee has a serious medical or N. Mental Health Program mental health condition or otherwise requires special or close medical care, 1. Mental Health Services Required medical staff shall complete a Each facility shall have an in-house or Medical/Psychiatric Alert form (IHSC-834) or contractual mental health program, equivalent, and file the form in the approved by the appropriate medical detainee’s medical record. Where medical authority that provides: staff furthermore determine the condition to a. intake screening Form IHSC 794 (or be serious enough to require medical equivalent) for mental health problems; clearance of the detainee prior to transfer or removal, medical staff shall also place a b. referral as needed for evaluation, medical hold on the detainee using the diagnosis, treatment and monitoring of Medical/Psychiatric Alert form (IHSC-834) or mental illness by a competent mental equivalent, which serves to prevent ICE from health professional. transferring or removing the detainee c. crisis intervention and management of without the prior clearance of medical staff acute mental health episodes; at the facility. The facility administrator d. transfer to licensed mental health shall receive notice of all medical/psychiatric facilities of detainees whose mental health alerts or holds, and shall be responsible for needs exceed the capabilities of the notifying ICE/ERO of any medical alerts or facility; and holds placed on a detainee that is to be transferred. e. a suicide prevention program. Potential health conditions meriting the 2. Mental Health Provider completion of a Medical/Psychiatric Alert The term “mental health provider” includes form may include, but are not limited to: psychiatrists, physicians, psychologists, clinical social workers and other

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appropriately licensed independent mental counseling, health practitioners 2) “short-stay” unit or infirmary, 3. Mental Health Evaluation 3) Special Management Unit, or Based on intake screening, the comprehensive 4) community hospitalization; and health assessment, medical documentation, or subsequent observations by detention staff or k. recommending and/or implementing a medical personnel, any detainee referred for treatment plan, including mental health treatment shall receive an recommendations concerning transfer, evaluation by a qualified licensed mental housing, voluntary work and other health professional as medically indicated no program participation. later than 72 hours after the referral, or 4. Referrals and Treatment sooner if necessary. Any detainee referred for mental health Such evaluation and screenings shall treatment shall receive an evaluation by a include: qualified mental health provider as a. reason for referral; medically indicated, but no later than 72 hours after the referral, or sooner if b. history of any mental health treatment or necessary. evaluation; The provider shall develop an overall c. history of illicit drug/alcohol use or abuse treatment/management plan. or treatment for such; If the detainee’s mental illness or d. history of suicide attempts; developmental disability needs exceeds the e. current suicidal/homicidal ideation or treatment capability of the facility, a referral intent; for an outside mental health facility may be f. current use of any medication; initiated. g. estimate of current intellectual function; Any detainee prescribed psychiatric medications must be regularly evaluated by h. mental health screening, to include prior a duly-licensed and appropriate medical history physical, sexual or emotional professional, at least once a month, to ensure abuse; proper treatment and dosage; i. impact of any pertinent physical condition, 5. Medical Isolation such as head trauma; The CMA may authorize medical isolation j. recommend actions for any appropriate for a detainee who is at high risk for violent treatment, including but not limited to the behavior because of a mental health following: condition. The CMA shall be responsible for 1) remain in general population with the daily reassessment of the need for psychotropic medication and continued medical isolation to ensure the

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health and safety of the detainee. f. monitor the detainee for adverse reactions and side effects; and Medical isolation shall not be used as a punitive measure. g. prepare treatment plans for less 6. Involuntary Administration of Psychotropic restrictive alternatives as soon as possible. Medication Also see the section on Informed Consent Involuntary administration of psychotropic and Involuntary Treatment (PBNDS 4.3.V.X) medication to detainees shall comply with later in this detention standard. established guidelines and applicable laws, O. Annual Health Examinations and shall be performed only pursuant to the specific, written and detailed authorization Any detainee in ICE custody for more than of a physician. Absent declared medical one year continuously shall receive health emergency, before psychotropic medication is examinations on an annual basis. Such involuntarily administered, it is required examinations may occur more frequently for that the HSA contact ERO management, certain individuals, depending on their who shall then contact respective ICE Office medical history and/or health conditions. of Chief Counsel to facilitate a request for a Detainees shall have access to age- and court order to involuntarily medicate the gender-appropriate exams annually, detainee. including re-screening for TB. Prior to involuntarily administering P. Dental Treatment psychotropic medication, absent a declared An initial dental screening shall be medical emergency, the authorizing performed within 14 days of the detainee’s physician shall: arrival. The initial dental screening may be a. review the medical record of the detainee performed by a dentist or a properly trained and conduct a medical examination; qualified health provider. b. specify the reasons for and duration of 1. Emergency dental treatment shall be therapy, and whether the detainee has provided for immediate relief of pain, been asked if he/she would consent to such trauma and acute oral infection. medication; 2. Routine dental treatment may be provided c. specify the medication to be administered, to detainees in ICE custody for whom the dosage and the possible side effects of dental treatment is inaccessible for the medication; prolonged periods because of detention for over six months, including amalgam and d. document that less restrictive intervention composite restorations, prophylaxis, root options have been exercised without canals, extractions, x-rays, the repair and success; adjustment of prosthetic appliances and e. detail how medication is to be other procedures required to maintain the administered; detainee’s health. Dental exams and

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treatment shall be performed only by detainees who are hearing impaired shall be licensed dental personnel. provided interpretation/translation services Q. Sick Call or other assistance as needed to complete a request slip. Each facility shall have a sick call procedure All detainees, including those in SMUs, that allows detainees the unrestricted regardless of classification, shall have access opportunity to freely request health care to sick call. See standard “2.12 Special services (including mental health and dental Management Units” for details. services) provided by a physician or other qualified medical staff in a clinical setting. All facilities shall maintain a permanent This procedure shall include: record of all sick call requests. 1. clearly written policies and procedures; R. Emergency Medical Services and First 2. sick call process shall be communicated in Aid writing and verbally to detainees during 1. Each facility shall have a written their orientation; emergency services plan for delivery of 24­ 3. regularly scheduled “sick call” times shall hour emergency health care. This plan be established and communicated to shall be prepared in consultation with the detainees; facility’s CMA or the HSA, and must include the following: 4. an established procedure shall be in place at all facilities to ensure that all sick call a. an on-call physician, dentist and mental requests are received and triaged by health professional, or designee, that appropriate medical personnel within 24 are available 24 hours per day; hours after a detainee submits the b. a list of telephone numbers for local request. All written sick call requests ambulances and hospital services shall be date and time stamped and filed available to all staff; in the detainee’s medical record. Medical c. an automatic external defibrillator personnel shall review the request slips (AED) shall be maintained for use at and determine when the detainee shall be each facility and accessible to staff; seen based on acuity of the problem. In an urgent situation, the housing unit officer d. all detention and medical staff shall shall notify medical personnel receive cardio pulmonary resuscitation immediately. (CPR, AED), and emergency first aid training annually; If the procedure requires a written request slip, such slips shall be provided in English e. detention and health care personnel and the most common languages spoken by shall be trained annually to respond to the detainee population of that facility. health-related situations within four Limited-English proficient detainees and minutes; and

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f. security procedures that ensure the contents, number, location(s), use immediate transfer of detainees for protocols and procedures for monthly emergency medical care. inspections of first aid kits. 2. training shall be provided by a responsible 6. Victims of sexual abuse shall have timely medical authority, in cooperation with the access to emergency medical treatment facility administrator, and shall include: and crisis intervention services in accordance with standard “2.11 Sexual a. recognizing of signs of potential health Abuse and Assault, Prevention and emergencies and the required Intervention.” responses; b. administering first aid, AED and S. Delivery of Medication cardiopulmonary resuscitation (CPR); Distribution of medication (including over c. obtaining emergency medical assistance the counter) shall be performed in through the facility plan and its accordance with specific instructions and required procedures; procedures established by the HSA in consultation with the CMA. Written records d. recognizing signs and symptoms of of all prescribed medication given to or mental illness and suicide risk; and refused by detainees shall be maintained. e. the facility’s established plan and 1. If prescribed medication must be delivered procedures for providing emergency at a time when medical staff is not on medical care including, when required, duty, the medication may be distributed the safe and secure transfer of by detention officers, where it is permitted detainees for appropriate hospital or by state law to do so, who have received other medical services, including by proper training by the HSA or designee. ambulance when indicated. The plan must provide for expedited entrance to 2. The facility shall maintain documentation and exit from the facility. of the training given any officer required to distribute medication, and the officer 3. When a non-medical employee is unsure shall have available for reference the whether emergency care is required, training syllabus or other guide or protocol he/she shall immediately notify medical provided by the health authority. personnel to make the determination. 3. Detainees may not deliver or administer 4. Medical and safety equipment shall be medications to other detainees. available and maintained, and staff shall be trained in proper use of the equipment. 4. All prescribed medications and medically necessary treatments shall be provided to 5. In each detention facility, the designated detainees on schedule and without health authority and facility interruption, absent exigent administrator shall determine the circumstances.

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5. Detainees who arrive at a detention medical prosthetic devices or other facility with prescribed medications or impairment aids, such as eyeglasses, hearing who report being on such medications, aids, or wheelchairs, except when such shall be evaluated by a qualified health provisions would impact the security or care professional as soon as possible, but safety of the facility. If a qualified medical not later than 24 hours after arrival, and professional deems such aids are necessary, provisions shall be made to secure facilities should consider alternatives to such medically necessary medications. impairment-related aids. 6. Detainees shall not be charged for any When a detainee requires close medical medical services to include supervision, including chronic and pharmaceuticals dispensed by medical convalescent care, a written treatment plan, personnel including access to health care and other T. Health Education and Wellness care and supervision personnel, shall be Information developed and approved by the appropriate qualified licensed health care provider, in Qualified health care personnel shall provide consultation with the patient, with periodic detainees health education and wellness review. Likewise, staff responsible for such information on topics including, but not matters as housing and program limited to, the following: assignments and disciplinary measures shall 1. dangers of self-medication; consult with the responsible qualified licensed health care provider or health

2. personal and hand hygiene and dental services administrator. care; Exercise areas shall be available to meet

3. prevention of communicable diseases; exercise and physical therapy requirements 4. smoking cessation; of individual detainee treatment plans. 5. self-care for chronic conditions; and Transgender detainees who were already receiving hormone therapy when taken into 6. benefits of physical fitness. ICE custody shall have continued access. All U. Special Needs and Close Medical transgender detainees shall have access to Supervision mental health care, and other transgender­ The clinical medical authority of each facility related health care and medication based on must have in place a plan to notify ICE/ERO medical need. Treatment shall follow in writing of any detainee with special needs. accepted guidelines regarding medically The written notification shall become part of necessary transition-related care. the detainee’s health record file. For special needs related to female Consistent with the IHSC Detainee Covered detainees, see standard “4.4 Medical Care Services Package, detainees will be provided (Women).

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V. Restraints detention placement or status.

Restraints for medical or mental health The detainee’s medical needs shall be taken purposes may be authorized only by the into account prior to any transfer of the facility’s CMA or designee, after determining detainee to another facility. Alternatives to that less restrictive measures are not transfer shall be considered, taking into appropriate. In the absence of the CMA, account the disruption that a transfer will qualified medical personnel may apply cause to a detainee receiving medical care. restraints upon declaring a medical Upon transfer to another facility, the medical emergency. Within one-hour of initiation of provider shall provide the detainee’s full emergency restraints or seclusion, qualified medical record to the receiving facility. In medical staff shall notify and obtain an order addition, the medical provider shall ensure from the CMA or designee. that at least 7 day (or, in the case of TB medications, 15 day and in the case of a. The facility shall have written procedures HIV/AIDS medications, 30 day) supply of that specify: medication shall accompany the detainee as 1) the conditions under which restraints ordered by the prescribing authority. may be applied; Upon release from ICE custody, the detainee 2) the types of restraints to be used; shall receive up to a 30 day supply of 3) the proper use, application and medical medication as ordered by the prescribing monitoring of restraints; authority and a copy of his complete medical record. If a detainee is on prescribed 4) requirements for documentation, narcotics, the clinical health authority shall including efforts to use less restrictive make a determination regarding alternatives; and continuation, based on assessment of the 5) after-incident review. detainee. The HSA must ensure that a The use of restraints requires documented continuity of treatment care plan is approval and guidance from the CMA. developed and a written copy provided to the Record-keeping and reporting requirements detainee prior to removal. regarding the medical approval to use X. Informed Consent and Involuntary restraints shall be consistent with other Treatment provisions within these standards, including documentation in the detainee’s A-file, Involuntary treatment is a decision made detention and medical file. only by medical staff under strict legal restrictions. When a detainee refuses W. Continuity of Care medical treatment, and the licensed The facility HSA must ensure that a plan is healthcare provider determines that a developed that provides for continuity of medical emergency exists, the physician may medical care in the event of a change in authorize involuntary medical treatment.

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Prior to any contemplated action involving detainee the necessity for and propriety of non-emergent involuntary medical the recommended treatment. treatment, respective ICE Office of Chief 8. Medical staff shall ensure that the Counsel shall be consulted. detainee’s questions regarding the 1. Upon admission at the facility, treatment are answered by appropriate documented informed consent shall be medical personnel. obtained for the provision of health care 9. Medical staff shall explain the medical services. risks if treatment is declined and shall 2. All examinations, treatments, and document their treatment efforts and procedures are governed by informed refusal of treatment in the detainee’s consent practices applicable in the medical record. Detainees will be asked to jurisdiction. sign a translated form that indicates that they have refused treatment. 3. A separate documented informed consent is required for invasive procedures, 10. The clinical medical authority and facility including surgeries, invasive diagnostic administrator shall look into refusals of tests, and dental extractions. treatment to ensure that such refusals are not the result of miscommunication or 4. Prior to the administration of psychotropic misunderstanding. medications, a separate documented informed consent, that includes a 11. Facilities should make efforts to involve description of the medication’s side effects, trusted individuals such as clergy or shall be obtained. family members should a detainee refuse treatment. 5. If a consent form is not available in a language the detainee understands, 12. A detainee who refuses examination or professional interpretation services will be treatment may be segregated from the provided as described in Section E general population when such segregation (“Translation and Language Access for is determined medically necessary by the Detainees with Limited English CMA. Segregation shall only be for Proficiency”) and documented on the form. medical reasons that are documented in the medical record, and may not be used 6. If a detainee refuses treatment and the for punitive purposes. Such segregation CMA or designee determines that shall only occur after a determination by treatment is necessary, ICE/ERO shall be a component mental health professional consulted in determining whether has taken place that shows the involuntary treatment shall be pursued. segregation shall not adversely affect the 7. If the detainee refuses to consent to detainee’s mental health. treatment, medical staff shall make 13. In the event of a hunger strike, see reasonable efforts to explain to the standard “4.2 Hunger Strikes.”

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Standard “4.7 Terminal Illness, Advance The HSA shall provide the facility Directives and Death” provides details administrator and designated staff regarding living wills and advance information that is necessary as follows: directives, organ donations and do not a. to preserve the health and safety of the resuscitate (DNR) orders. detainee, other detainees, staff or any Y. Medical Records other person; 1. Health Record File b. for administrative and detention decisions such as housing, voluntary work The HSA shall maintain a complete health assignments, security and transport; or record on each detainee that is: c. for management purposes such as audits a. Organized uniformly in accordance with and inspections. appropriate accrediting body standards; When information is covered by the Privacy b. Available to all practitioners and used by Act, specific legal restrictions govern the them for health care documentation; and release of medical information or records. c. Properly maintained and safeguarded in a Detainees who indicate they wish to obtain securely locked area within the medical copies of their medical records shall be unit. provided with the appropriate request form. 2. Confidentiality and Release of Medical Records ICE/ERO, or the facility administrator, shall All medical providers, as well as detention provide limited-English proficient detainees officers and staff shall protect the privacy of and detainees who are hearing impaired detainees’ medical information in accordance with interpretation or translation services or with established guidelines and applicable other assistance as needed to make the laws. These protections apply, not only to written request, and shall assist in records maintained on paper, but also to transmitting the request to the facility HSA. electronic records where they are used. Staff Upon his/her request, while in detention, a training must emphasize the need for detainee or his/her designated representative confidentiality and procedures must be in shall receive information from their medical place to limit access to health records to only records. Copies of health records shall be authorized individuals and only when released by the HSA directly to a detainee or necessary. their designee, at no cost to the detainee, Information about a detainee’s health status within a reasonable timeframe after receipt and a detainee’s health record is confidential, by the HSA of a written authorization from and the active medical record shall be the detainee. maintained separately from other detention A written request may serve as records and be accessible in accordance with authorization for the release of health applicable laws and regulations. information, as long as it includes the

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following information, and meets any other currently placed in a medical hold status requirements of the HSA: must be evaluated and cleared by a licensed independent practitioner (LIP) prior to a. address of the facility to release the transfer or removal. In addition, the CMA or information; designee must inform the facility b. name of the individual or institution to administrator in writing if the detainee’s receive the information; medical or psychiatric condition requires a c. detainee’s full name, A-number (or other medical escort during removal or transfer. facility identification number), date of a. Notification of Medical/Psychiatric Alerts birth and nationality; or Holds d. specific information to be released with Upon receiving notification that a inclusive dates of treatment; and detainee is to be transferred, appropriate medical staff at the sending facility shall e. detainee’s signature and date. notify the facility administrator of any Following the release of health information, medical/psychiatric alerts or holds that the written authorization shall be retained have been assigned to the detainee, as in the health record. reflected in the detainee’s medical records. Detainees are to be informed that if they are The facility administrator shall be released or removed from custody prior to responsible for providing notice to laboratory results being evaluated, the ICE/ERO of any medical alerts or holds results shall be made available by contacting placed on a detainee that is to be the detention facility and providing a release transferred. of information consent. b. Notification of Transfers, Releases and 3. Inactive Health Record Files Removals The HSA shall be given advance notice by Inactive health record files shall be retained ICE/ERO prior to the release, transfer or as permanent records in compliance with removal of a detainee, so that medical locally established procedures and the legal staff may determine and provide for any requirements of the jurisdiction. medical needs associated with the 4. Transfer and Release of Detainees transfer, release or removal. ICE/ERO and the HSA shall be notified c. Transfer of Health Records when detainees are to be transferred or

released. Detainees shall be transferred, 1) When a detainee is transferred within released or removed, with proper medication the ICE Health Service Corps (IHSC) to ensure continuity of care throughout the system, ICE shall ensure that: transfer and subsequent intake process, a) Form USM-553, or equivalent release or removal (see “W. Continuity of Medical Transfer Summary, and a Care,” above). Those detainees who are copy of the detainee’s full medical

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record accompanies the detainee; and treatment when recommended and approved b) the full medical record is placed in a by the clinical medical director. Such sealed envelope or other container measures require documented informed labeled with the detainee’s name and consent. A-number and marked "MEDICAL BB. Administration of the Medical CONFIDENTIAL." Department 2) When a detainee is transferred to an 1. Quarterly Administrative Meetings IGSA detention facility, the sending The HSA shall convene a meeting quarterly facility shall ensure that the Transfer at minimum, and include other facility and Summary will accompany the detainee. medical staff as appropriate. The meeting A copy of the full medical record must agenda shall include, at minimum, the accompany each detainee during following: transfer unless extenuating circumstances make this impossible, in a. an account of the effectiveness of the which case the full medical record will facility’s health care program; follow as soon as practicable. b. discussions of health environment factors 3) Detainees released or removed from that may need improvement; detention shall receive a discharge c. review and discussion of communicable treatment plan to ensure continuity of disease and infectious control activities; care, full copy of their medical record, d. changes effected since the previous medication and referrals to community- meetings; and based providers as medically appropriate. e. recommended corrective actions, as Z. Terminal Illness or Death of a Detainee necessary. Minutes of each meeting shall be recorded Procedures to be followed in the event of a and kept on file. detainee’s terminal illness or death are in standard “4.7 Terminal Illness, Advance 2. Health Care Internal Review and Quality Assurance Directives and Death.” The standard also addresses detainee organ donations. The HSA shall implement a system of AA. Medical Experimentation internal review and quality assurance. The system shall include: Detainees shall not participate in medical, a. participation in a multidisciplinary pharmaceutical or cosmetic research while quality improvement committee; under the care of ICE. b. collection, trending and analysis of data This stipulation does not preclude the use of along with planning, interventions and approved clinical trials that may be reassessments; warranted for a specific inmate’s diagnosis or

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c. evaluation of defined data; 3. Peer Review d. analysis of the need for ongoing education The HSA shall implement an intra­ and training; organizational, external peer review program for all independently licensed medical e. on-site monitoring of health service professionals. Reviews shall be conducted at outcomes on a regular basis through the least annually. following measures: CC. Examinations by Independent Medical 1) chart reviews by the responsible physician or his/her designee, including Service Providers and Experts investigation of complaints and quality On occasion, medical and/or mental health of health records; examinations by a practitioner or expert not 2) review of practices for prescribing and associated with ICE or the facility may administering medication; provide a detainee with information useful in administrative proceedings. 3) systematic investigation of complaints and grievances; If a detainee seeks an independent medical or mental health examination, the detainee 4) monitoring of corrective action plans; or his/her legal representative shall submit 5) reviewing all deaths, suicide attempts to the Field Office Director a written request and illness outbreaks; that details the reasons for such an 6) developing and implementing examination. Ordinarily, the Field Office corrective-action plans to address and Director shall approve the request for resolve identified problems and independent examination, as long as such concerns; examination shall not present an unreasonable security risk. Requests for

7) reevaluating problems or concerns, to independent examinations shall be determine whether the corrective responded to as quickly as practicable. If a measures have achieved and sustained request is denied, the Field Office Director the desired results; shall advise the requester in writing of the 8) incorporating findings of internal rationale. review activities into the organization’s Neither ICE/ERO nor the facility shall educational and training activities; assume any costs of the examination, which 9) maintaining appropriate records of will be at the detainee’s expense. The facility internal review activities; and shall provide a location for the examination but no medical equipment or supplies and 10) ensuring records of internal review the examination must be arranged and activities comply with legal conducted in a manner consistent with requirements on confidentiality of maintaining the security and good order of records. the facility.

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DD. Tele-Health Systems 2. The facility administrator shall coordinate with the ITSP to ensure adequate space is **The facility, when equipped with provided for the equipment, connectivity is appropriate technology and adequate space, available, and electrical services are shall provide for the use of services of the installed. ICE Tele-Health Systems, inclusive of tele­ radiology (ITSP), tele-psychiatry and tele­ 3. Immediate 24-hour access, seven days a medicine. week, to equipment for service and maintenance by ITSP technicians shall be 1. The cost of the equipment, equipment granted. maintenance, staff training and credentialing (as outlined in the contract), 4. A qualified tele-health coordinator shall be arrangements for x-ray interpretation and appointed and available for training by administration by a credentialed the ITSP. Qualified, licensed and radiologist; and data transmission to and credentialed medical staff shall be from the detention facility, shall be available to provide tele-health services as provided by the facility and charged guided by state and federal requirements directly to ICE. and restrictions.

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4.4 Medical Care (Women) requirements are defined in “V. Expected Practices”). I. Purpose and Scope 1. Female detainees shall receive routine, This detention standard ensures that female age appropriate gynecological and detainees in U.S. Immigration Customs and obstetrical health care, consistent with Enforcement (ICE) custody have access to meeting recognized community guidelines appropriate and necessary medical and for women’s health services. mental health care. **The facility’s provision of gynecological This detention standard applies to the and obstetrical health care shall be in following types of facilities housing ERO compliance with standards set by the detainees: National Commission on Correctional Health Care (NCCHC). x Service Processing Centers (SPCs); 2. As part of every detainee’s intake health x Contract Detention Facilities (CDFs); assessment, female detainees shall also and receive age-appropriate assessments and x State or local government facilities used preventive women’s health services, as by ERO through Intergovernmental medically appropriate. Service Agreements (IGSAs) to hold 3. A pregnant detainee in custody shall have detainees for more than 72 hours. access to pregnancy services including Procedures in italics are specifically required routine or specialized prenatal care, for SPCs, CDFs, and Dedicated IGSA pregnancy testing, comprehensive facilities. Non-dedicated IGSA facilities counseling and assistance, postpartum must conform to these procedures or adopt, follow up, lactation services and abortion adapt or establish alternatives, provided services. they meet or exceed the intent represented 4. At no time shall a pregnant detainee be by these procedures. restrained, absent truly extraordinary For all types of facilities, procedures that circumstances that render restraints appear in italics with a marked (**) on the absolutely necessary. page indicate optimum levels of compliance 5. The applicable content and procedures in for this standard. this standard shall be communicated to Various terms used in this standard may be the detainee in a language or manner the defined in standard “7.5 Definitions.” detainee can understand. II. Expected Outcomes All written materials provided to detainees shall generally be translated The expected outcomes of this detention into Spanish. Where practicable, standard are as follows (specific provisions for written translation shall be

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made for other significant segments of the detainee as required by standard “4.3 population with limited English Medical Care,” every facility shall directly or proficiency. contractually provide its female detainees Oral interpretation or assistance shall be with access to: provided to any detainee who speaks 1. pregnancy services, including pregnancy another language in which written testing, routine or specialized prenatal material has not been translated or who is care, postpartum follow up, lactation illiterate. services and abortion services as outlined 6. All medical care shall be conducted in herein; private with only the patient and medical 2. counseling and assistance for pregnant personnel present. Chaperones shall be women in keeping with their express provided if requested or if care is provided desires in planning for their pregnancy, by a male health care provider. whether they desire abortion, adoptive 7. A health care provider of a particular services or to keep the child; and gender, whenever possible, shall be 3. routine, age-appropriate, gynecological considered, when requested by a detainee. health care services, including offering III. Standards Affected women’s specific preventive care. B. Initial Health Intake Screening and Not applicable. Health Assessment IV. References 1. Initial Screening American College of Obstetrics and Within 12 hours of arrival, during their Gynecology, Guidelines for Women’s initial medical screening, all female Health Care (3rd edition, 2007). detainees shall receive information on services related to women’s health care as National Commission on Correctional Health provided for in this standard and standard Care, Standards for Health Services in “4.3 Medical Care.” Jails (2008) 2. Initial Health Assessment National Commission on Correctional Health Care: Position Statement on Women’s If the initial medical intake screening Health Care in Correctional Settings indicates the possibility of pregnancy, recent (2005) sexual assault, violence or history of mental health illness, an initial health appraisal V. Expected Practices shall be completed as soon as possible, but no A. Overview more than 24 hours after arrival. All initial health assessments of female In addition to the medical, mental health detainees shall be provided by a trained and and dental services provided to every

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qualified health provider, and must include a hotline numbers, of local, state and/or thorough evaluation and assessment of the national organizations that provide these reproductive system. In addition to the services. When recent sexual abuse or criteria listed on the health assessment form, violence is reported or otherwise determined, the evaluation shall inquire about the the detainee shall be referred to trained following: medical personnel for immediate medical a. pregnancy testing and documented and mental health services. See also results; standard “2.11 Sexual Abuse and Assault, Prevention and Intervention.” b. if the detainee is currently nursing (breastfeeding); D. Preventive Services c. use of contraception; Preventative services specific to women shall be offered for routine age appropriate d. reproductive history (number of screenings, to include breast examinations, pregnancies, number of live births, pap smear, STD testing and mammograms. number of spontaneous/elective abortions, These services shall not interfere with pregnancy complications, etc.); detainee’s deportation or release from e. menstrual cycle; custody date. f. history of breast and gynecological 1. Birth Control problems; Upon request, appropriately trained medical g. family history of breast and gynecological personnel within their scope of practice shall problems; and provide detainees with non-directive (impartial) advice and consultation about h. any history of physical or sexual family planning and birth control, and where victimization and when the incident medically appropriate, prescribe and occurred. dispense birth control. A pelvic and breast examination, pap test, E. Pregnancy baseline mammography and sexually transmitted disease (STD) screening shall be Upon confirmation by medical personnel that offered and provided as deemed appropriate a female detainee is pregnant, she shall be or necessary by the medical provider. given close medical supervision. Pregnant C. Past or Recent Abuse and/or Violence detainees shall have access to prenatal and specialized care, and comprehensive Female victims of sexual abuse shall have counseling inclusive of, but not limited to: immediate access to emergency medical nutrition, exercise, complications of treatment and crisis intervention services. pregnancy, prenatal vitamins, labor and The facility will provide access by giving delivery, postpartum care, lactation, family detainees the current mailing addresses and planning, abortion services and parental telephone numbers, including toll-free 4.4 | Medical Care (Women) 306 PBNDS 2011 (As Modified by February 2013 Errata)

skills education. In the rare event that one of the above If a pregnant detainee has been identified as situations applies, medical staff shall high risk, the detainee shall be referred, as determine the safest method and duration appropriate, to a physician specializing in for the use of restraints and the least high risk pregnancies. restrictive restraints necessary shall be used. Pregnancy management and outcomes shall Even in the extraordinary circumstance be monitored, quarterly, through a when restraints are deemed necessary, no continuous quality improvement process. detainee known to be pregnant shall be restrained in a face-down position with four- 1. Non-Use of Restraints point restraints, on her back, or in a Restraints on Pregnant Women: A pregnant restraint belt that constricts the area of the woman or women in post-delivery pregnancy. All attempts shall be made to recuperation shall not be restrained absent ensure that the detainee is placed on her left truly extraordinary circumstances that side if she is immobilized. render restraints absolutely necessary as The use of restraints requires documented documented by a supervisor or directed by approval and guidance from the on-site the on-site medical authority. This general medical authority. Record-keeping and prohibition on restraints applies to all reporting requirements regarding the pregnant women in the custody of ICE, medical approval to use restraints shall be whether during transport, in a detention consistent with other provisions within these facility, or at an outside medical facility. standards, including documentation in the Restraints are never permitted on women detainee’s A-file, detention and medical files. who are in active labor or delivery. 2. Abortion Access Restraints shall not be considered as an option, unless one or more of the following In the event continued detention is necessary applies: and appropriate, and consistent with the practice of our federal partners, if the life of a. a medical officer has directed the use of the mother would be endangered by carrying restraints for medical reasons; a fetus to term, or in the case of rape or b. credible, reasonable grounds exist to incest, ICE will assume the costs associated believe the detainee presents an with a female detainee’s decision to immediate and serious threat of hurting terminate a pregnancy. herself, staff or others; or a. In this instance, or in a situation where a c. reasonable grounds exist to believe the female detainee opts to fund the detainee presents an immediate and termination of her pregnancy, ICE shall credible risk of escape that cannot be arrange for transportation at no cost to reasonably minimized through any other the detainee for the medical appointment method. and, if requested by the detainee, for

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access to religious counseling, and non- personally by the detainee and include directive (impartial) medical resources clear language of the detainee’s intent. and social counseling, to include outside F. Mental Health Services social services or women’s community resources groups. In addition to mental health services offered to all detainees, mental health assessments b. If a detainee requests to terminate her shall be offered to any detainee who has pregnancy, ICE will document the request recently given birth, miscarried or in the detainee’s medical records. The terminated a pregnancy. detainee’s statement should be signed

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4.5 Personal Hygiene The expected outcomes of this detention standard are as follows (specific I. Purpose and Scope requirements are defined in “V. Expected Practices”). This detention standard ensures that each detainee is able to maintain acceptable 1. Each facility shall maintain an inventory personal hygiene practices through the of clothing, bedding, linens, towels and provision of adequate bathing facilities and personal hygiene items that is sufficient to the issuance and exchange of clean clothing, meet the needs of detainees; bedding, linens, towels and personal hygiene 2. Each detainee shall have suitable, clean items. bedding, linens, blankets and towels; This detention standard applies to the 3. Each detainee shall have sufficient clean following types of facilities housing ERO clothing that is properly fitted; detainees: climatically suitable, durable and x Service Processing Centers (SPCs); presentable; x Contract Detention Facilities (CDFs); 4. Detainees shall be held accountable for and clothing, bedding, linens and towels assigned to them; and x State or local government facilities used by ERO through Intergovernmental 5. Detainees, including those with Service Agreements (IGSAs) to hold disabilities and special needs, shall be detainees for more than 72 hours. able to maintain acceptable personal hygiene practices. Procedures in italics are specifically required for SPCs, CDFs, and Dedicated IGSA 6. The applicable content and procedures facilities. Non-dedicated IGSA facilities concerning the facility shall be must conform to these procedures or adopt, communicated to the detainee in a adapt or establish alternatives, provided language or manner the detainee can they meet or exceed the intent represented understand. by these procedures. All written materials provided to For all types of facilities, procedures that detainees shall generally be translated appear in italics with a marked (**) on the into Spanish. Where practicable, page indicate optimum levels of compliance provisions for written translation shall be for this standard. made for other significant segments of the population with limited English Various terms used in this standard may be proficiency. defined in standard “7.5 Definitions.” Oral interpretation or assistance shall be II. Expected Outcomes provided to any detainee who speaks another language in which written

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material has not been translated or who is unserviceable, indelibly stained, or bear illiterate offensive or otherwise unauthorized markings shall be discarded and replaced as III. Standards Affected soon as practicable. This detention replaces the standard on B. Issuance of Clothing “Personal Hygiene” dated 12/2/2008. At no cost to the detainee, all new detainees IV. References shall be issued clean, laundered, indoor/outdoor temperature-appropriate, size American Correctional Association, appropriate, presentable clothing during Performance-based Standards for Adult intake. Local Detention Facilities, 4th Edition: 4­ ALDF-4B-01 through 4B-09, 6A-08, 6B-05 The standard issue of clothing is at least two through 6B-08. uniform shirts and two pairs of uniform pants or two jumpsuits; two pairs of socks; two pairs V. Expected Practices of underwear; two brassieres, as appropriate; A. Supply of Clothing, Bedding, Linen, and one pair of facility-issued footwear. Towel and Personal Hygiene Items Additional clothing shall be issued as necessary for changing weather conditions or as Each detention facility shall have written seasonally appropriate. Footwear that is worn policy and procedures for the regular out or damaged shall be replaced at no cost to issuance and exchange of clothing, bedding, the detainee. linens, towels and personal hygiene items. For both males and females, personal items The supply of these items shall exceed the of clothing, including undergarments, are not minimum required for the number of permitted. detainees to prevent delay in replacing the items. Clothing issued at release shall be in accordance with standard “2.1 Admission To be prepared for unforeseen circumstances, and Release.” it is a good practice for a detention facility to maintain an excess clothing inventory that is C. Special Uniforms and Protective at least 200 percent of the maximum funded Equipment detainee capacity. Each detainee assigned to a special work Each SPC and CDF shall have available, at area shall be clothed in accordance with the all times, more clothing, bedding, linen and requirements of the job and, when towels than needed to supply the maximum appropriate, provided protective clothing and funded detainee capacity. This excess will equipment in accordance with safety and allow for the immediate replacement of items security considerations. that are lost, destroyed, or worn out. D. Personal Hygiene Items Clothing or shoes that are lost, 4.5 | Personal Hygiene 310 PBNDS 2011 (As Modified by February 2013 Errata)

Staff shall directly supervise the issuance of facility procedures. The facility personal hygiene items to male and female administrator may establish an empty detainees appropriate for their gender and container exchange system. shall replenish supplies as needed. If the facility has no detainee commissary, Distribution of hygiene items shall not be personal hygiene items from sources other used as reward or punishment. than the issuing officer(s) may be permitted Each detainee shall receive, at a minimum, into the housing units only with the approval the following items: of the health services staff and the Chief of 1. one bar of bath soap, or equivalent; Security. 2. one comb; E. Bathing and Toilet Facilities 3. one tube of toothpaste; Detainees shall be provided: 4. one toothbrush; 1. an adequate number of toilets, 24 hours per day, which can be used without staff 5. one bottle of shampoo, or equivalent; and assistance when detainees are confined to 6. one container of skin lotion. their cells or sleeping areas. The facility administrator may modify this ACA Expected Practice 4-ALDF-4B-08 list as needed (e.g., to accommodate the use requires that toilets be provided at a of bulk liquid soap and shampoo dispensers). minimum ratio of one for every 12 male The distribution of razors must be strictly detainees or one for every 8 female controlled. Disposable razors shall be detainees. For males, urinals may be provided to detainees on a daily basis. substituted for up to one-half of the toilets. Razors shall be issued and collected daily by All housing units with three or more staff. Detainees shall not be permitted to detainees must have at least two toilets. share razors. 2. an adequate number of washbasins with Female detainees shall be issued and may temperature controlled hot and cold retain sufficient feminine hygiene items, running water 24 hours per day. including sanitary pads or tampons, for use ACA Expected Practice 4-ALDF-4B-08 during the menstrual cycle, and may be requires one washbasin for every 12 permitted unbreakable brushes with soft, detainees. synthetic bristles to replace combs. 3. operable showers that are Cosmetics are prohibited, as are electric thermostatically controlled to rollers, curling irons, hair dryers and similar temperatures between 100 and 120 F appliances. degrees, to ensure safety and promote The responsible housing unit officer shall hygienic practices. replenish personal hygiene items on an as- ACA Expected Practice 4-ALDF-4B-09 needed basis, in accordance with written

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requires a minimum ratio of one shower Practices.” for every 12 detainees. G. Issuance of Bedding, Linen and Towels Inspections of housing units shall All detainees shall be issued clean bedding, periodically measure and document water linens and a towel and be held accountable temperature in the daily log. for those items. Detainees shall be provided with a The standard issues shall be, at a minimum: reasonably private environment in accordance with safety and security needs. 1. bedding: one mattress, one blanket and one pillow (additional blankets shall be Detainees with disabilities shall be provided issued, based on local indoor-outdoor the facilities and support needed for self-care temperatures); and personal hygiene in a reasonably private environment in which the individual can 2. linens: two sheets and one pillowcase; and maintain dignity. When necessary, assistance 3. towel: one towel. to disabled detainees who cannot perform H. Exchange Requirements basic life functions shall be provided by individuals who are trained and qualified to Detainees shall be provided with clean understand problems and challenges faced by clothing, linen and towels on the following persons with physical and/or mental basis: impairments. Such training may be provided 1. a daily change of socks and by the health services authority and may undergarments; an additional exchange of involve the expertise of relevant community undergarments shall be made available to organizations and government agencies. detainees if necessary for health or Discrimination on the basis of disability is sanitation reasons; prohibited. 2. at least twice weekly exchange of outer F. Hair Care garments (with a maximum of 72 hours Detainees are allowed freedom in personal between changes) at a minimum; grooming unless a valid safety, security, or 3. weekly exchange of sheets, towels and medical concern requires an exception that is pillowcases at a minimum; and fully justified and documented. 4. an additional exchange of bedding, linens, Detainees shall be provided hair care towels or outer garments shall be made services in a manner and environment that available to detainees if necessary for promotes sanitation and safety, in health or sanitation reasons, and more accordance with the requirements for frequent exchanges of outer garments may “Barber Operations” in standard “1.2 be appropriate, especially in hot and Environmental Health and Safety” and humid climates. requirements in standard “5.5 Religious Volunteer detainee workers may require

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exchanges of outer garments more frequently clothing, bedding, linens, tennis shoes, or than every 72 hours; and other items in the living units, unless proper Volunteer food service workers shall washing and drying equipment is available exchange outer garments daily. and the facility has written policy and procedures for their use. Any washing and Clothing exchanges shall generally be on a drying policies and procedures shall be one-for-one basis to prevent hoarding and to posted in the washing area and shall be ensure an adequate supply. included in the detainee handbook. Detainees are not permitted to wash

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4.6 Significant Self-harm II. Expected Outcomes and Suicide The expected outcomes of this detention standard are as follows (specific Prevention and requirements are defined in “V. Expected Intervention Practices”). I. Purpose and Scope 1. All staff responsible for supervising detainees shall receive a minimum of This detention standard protects the health eight hours of training initially during and well-being of ICE detainees through a orientation and repeated at least comprehensive Significant Self-Harm and annually, on effective methods for Suicide Prevention and Intervention identifying significant self-harm, as well Program that minimizes risk. as suicide prevention and intervention with detainees. This detention standard applies to the following types of facilities housing ERO 2. Staff shall act to prevent significant self- detainees: harm and suicides with appropriate sensitivity, supervision, medical and x Service Processing Centers (SPCs); mental health referrals and emergency x Contract Detention Facilities (CDFs); medical procedures. and 3. Any clinically suicidal detainee or x State or local government facilities used detainee at risk for significant self-harm by ERO through Intergovernmental shall receive preventive supervision, Service Agreements (IGSAs) to hold treatment and therapeutic follow-up, in detainees for more than 72 hours. accordance with ICE policies and Procedures in italics are specifically required detention standards. for SPCs, CDFs, and Dedicated IGSA **The facility shall be in compliance with facilities. Non-dedicated IGSA facilities standards set by the National Commission must conform to these procedures or adopt, on Correctional Health Care (NCCHC) in adapt or establish alternatives, provided its provision of preventive supervision, they meet or exceed the intent represented treatment, and therapeutic follow-up for by these procedures. clinically suicidal detainees or detainees at For all types of facilities, procedures that risk for significant self-harm. appear in italics with a marked (**) on the 4. The applicable content and procedures in page indicate optimum levels of compliance this standard shall be communicated to for this standard. the detainee in a language or manner the Various terms used in this standard may be detainee can understand. defined in standard “7.5 Definitions.” All written materials provided to detainees

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shall generally be translated into Spanish. Each detention facility shall have a written Where practicable, provisions for written suicide prevention and intervention program translation shall be made for other that shall be reviewed and approved by the significant segments of the population with clinical medical authority (CMA), approved limited English proficiency. and signed by the health services Oral interpretation or assistance shall be administrator (HSA) and facility provided to any detainee who speaks another administrator, and reviewed annually. language in which written material has not At a minimum, the program shall include been translated or who is illiterate. procedures to address suicidal detainees. Key components of this program must include the

III. Standards Affected following: This detention standard replaces “Suicide 1. staff training; Prevention and Intervention” dated 2. identification; 12/2/2008. 3. referral; IV. References 4. evaluation; American Correctional Association, 5. treatment; Performance-based Standards for Adult Local Detention Facilities, 4th Edition: 4­ 6. housing; ALDF-4C-32, 4C-33, 2A-52. 7. monitoring; American Correctional Association, 8. communication; Performance-based Standards for 9. intervention; Correctional Health Care for Adult Correctional Institutions: 1-HC-1A-27, 1­ 10. notification and reporting; HC-1A-30. 11. review; and National Commission on Correctional Health 12. debriefing. Care, Standards for Health Services in Jails. (2008): J-E-02, J-E-05, J-G-05, A. Staff Training Appendix C. All facility staff members who interact with ICE/ERO Performance-based National and/or are responsible for detainees shall be Detention Standards 2011: “4.3 Medical trained, during orientation and at least Care.” annually. All of the following interests should be incorporated into the required ICE Notification and Reporting of Detainee suicide prevention training: Deaths Directive, No 7-9.0. 1. Environmental concerns: why the V. Expected Practices environments of detention facilities are conducive to suicidal behavior.

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2. First Aid training: standard first aid for self-harm or suicide at any time. training, cardiopulmonary resuscitation 1. Initial Screening (CPR) training and training in the use of All detainees shall receive an initial mental emergency equipment (that may be health screening, by a qualified health care located in each housing area of the professional or health-trained correctional detention facility). officer, who has been specially trained, 3. Liability: liability issues associated with within 12 hours of admission, as required by detainee suicide. Standard 4.3 “Medical Care” (Section V.J). 4. Recognizing verbal and behavioral cues The results of the screening shall be that indicate potential suicide. documented on the approved intake screening form, which contains observation 5. Demographic, cultural and precipitating and interview items related to potential factors of suicidal behavior. significant self-harm/suicide risk. 6. Responding to suicidal and depressed 2. Ongoing Identification detainees. Detainees also may be identified as being at 7. Effective communication between risk for significant self-harm/suicide at any correctional and health care personnel. time while in ICE custody. This 8. Necessary referral procedures. identification may be conducted through self- 9. Constant observation and suicide-watch referral or through daily observation and/or procedures. interaction with medical staff, contract security staff or an ICE officer. Qualified, on- 10. Follow-up monitoring of detainees who call clinical medical staff shall be available have already attempted suicide. 24 hours per day for immediate consultation. 11. Reporting and written documentation 3. Significant Self-Harm/Suicidal Detainee procedures. If medical staff determines that a detainee is Requesting that a detainee promise not to at imminent risk of bodily injury or death, engage in suicidal behavior, also known as medical staff may make a recommendation “contracting for safety,” is not recognized or to hospitalize the detainee for purposes of supported by experts, and is an ineffective his/her evaluation and/or treatment. If the method of suicide prevention. “Contracting detainee is mentally incompetent, or is for safety” provides no guarantee that the mentally competent and refuses, it may be patient shall not attempt suicide, and may necessary to petition the appropriate federal give staff a false sense of security. This court to intervene against the detainee’s practice is not to be relied on by staff. refusal for purposes of his/her hospitalization B. Identification and treatment. In such cases, the local ICE Office of Chief Counsel shall be consulted Detainees may be identified as being at risk regarding appropriate further action.

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C. Referral after a current suicide risk assessment is completed. A detainee may not be returned Detainees who are identified as being “at to the general population until this risk” for significant self-harm or suicide shall assessment has been completed. immediately be referred to the mental health provider. The evaluation shall take place E. Treatment within 24 hours. Until this evaluation takes Based on the evaluation, as stipulated above, place, security staff shall place the detainee a mental health provider or other in a secure environment on a constant one- appropriately trained medical personnel to-one visual observation. shall develop a treatment plan to be D. Evaluation documented and placed in the detainee’s medical record. The treatment plan shall This evaluation shall be conducted by a qualified mental health professional which will determine address the environmental, historical and the level of suicide risk, level of supervision psychological factors that contribute to the needed, and need for transfer to an inpatient detainee’s suicidal ideation. The treatment mental health facility. This evaluation shall plan shall include: be documented in the medical record and 1. strategies and interventions to be followed must include the following information: by the staff and detainee if suicidal 1. relevant history; ideation reoccurs; 2. environmental factors; 2. strategies for improved functioning; and 3. lethality of suicide plan; 3. regular follow-up appointments based on level of acuity. 4. psychological factors; F. Housing and Monitoring 5. a determination of level of suicide risk; A suicidal detainee requires close 6. level of supervision needed; supervision in a setting that minimizes 7. referral/transfer for inpatient care (if opportunities for self-harm. If a staff needed); member identifies someone who is at risk of 8. instructions to medical staff for care; and significant self-harm or suicide, the detainee is placed on suicide precautions and is 9. reassessment time frames. immediately referred to a qualified mental Detainees placed on suicide watch shall be health professional. re-evaluated by appropriately trained and The qualified mental health professional qualified medical staff on a daily basis, with may place the detainee in a special isolation this re-evaluation documented in the room designed for evaluation and treatment detainee’s medical record. with continuous monitoring that Only the mental health professional, CMA, must be documented every 15 minutes or or designee may terminate a suicide watch more frequently if necessary. Detainees 4.6 | Significant Self-harm and Suicide Prevention 317 PBNDS 2011 and Intervention (As Modified by February 2013 Errata)

placed in an isolated confinement setting will falsely showing an appearance of getting receive continuous one-to-one monitoring, well fast. checks at least every 8 hours by clinical staff, 2. Clothing and daily mental health treatment by a Detainees should be provided suicide smocks qualified clinician. The isolation room will to wear when medically indicated. Under no be free of objects or structural elements that circumstance shall they be held without could facilitate a suicide attempt and clothing. security staff shall ensure that the area for suicide observation is initially inspected so 3. Transfer to an Outside Facility that there are no objects that pose a threat to Any detainee who is believed to be in need of the detainee’s safety. If necessary the seclusion, and/or restraint due to self- detainee may be placed in the Special harming or suicidal behavior should be Management Unit, provided space has been transferred to a psychiatric facility, if approved for this purpose by the medical deemed medically necessary to appropriately staff and such space allows for unobstructed treat the needs of the detainee. observation. 4. Post-Discharge from Suicide Watch Detainees on suicide precautions who have All detainees discharged from suicide watch not been placed in an isolated confinement should be re-assessed by an appropriately setting by the qualified mental health trained and qualified medical staff member professional will receive documented close at intervals consistent with the level of observation at staggered intervals not to acuity. exceed 15 minutes (e.g. 5, 10, 7 minutes), checks at least every 8 hours by clinical staff, G. Communication and daily mental health treatment by a 1. Transfer of Detainee to ICE/ERO Custody qualified clinician. Upon change of custody to ICE/ERO from 1. No Excessive Deprivations federal, state or local custody, ICE/ERO staff Deprivations and restrictions placed on or designee shall inquire into any known suicidal detainees need to be kept at a prior suicidal behaviors or actions, and, if minimum. Suicidal detainees may be behaviors or actions are identified, shall discouraged from expressing their intentions ensure detainee safety pending evaluation by if the consequences of reporting those a medical provider. The patient’s “medical intentions are unpleasant or understood to summary report” shall be transferred in result in punitive treatment or punishment. accordance with standard “7.4 Detainee Placing suicidal detainees in conditions of Transfers.” confinement that are worse than those 2. Continuity of Communication Regarding experienced by the general population Detainees in ICE/ERO Custody detainees can result in the detainee not Consistent communication shall be discussing his or her suicidal intentions and

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maintained between medical, mental health Detainee Deaths Directive shall be followed. and correctional staff through a variety of In both cases, medical staff shall complete an mechanisms to include the following: Incident Report Form within 24 hours, and a. intake forms; all staff who came into contact with the b. daily briefings; detainee before the attempted suicide or before the detainee died as a result of c. shift change briefings; suicide, shall submit a statement including d. medical progress notes; their knowledge of the detainee and the incident. e. special needs forms; J. Review f. medical/psychiatric alerts; and g. transfer summaries. Every death that results from a suicide shall be subject to a mortality review process and H. Intervention the Notification and Reporting of Detainee Following a suicide attempt, security staff Deaths Directive shall be followed. ICE shall shall initiate and continue appropriate life­ make arrangements to complete a saving measures until relieved by arriving psychological reconstruction of the suicide. medical personnel. Arriving medical The mortality review process shall include personnel shall perform appropriate medical review of: circumstances surrounding the evaluation and intervention. The CMA or incident, facility procedures relevant to the designee shall be notified in situations for incident, training of staff, medical/mental which referral to the emergency room of a health reports, identification of possible local hospital is required. precipitating factors, recommendations for changes in response to the incident (e.g. I. Notification and Reporting policy, training or re-training, counseling, In the event of a suicide attempt, all reprimand or discipline of staff identified as appropriate ICE and ICE Health Service failing to follow suicide prevention Corps (IHSC) officials shall be notified procedures, physical plant, medical or through the chain of command. The mental health services and operational detainee’s family, if known, and appropriate procedures). outside authorities shall also be immediately K. Debriefing notified. A critical incident debriefing shall be offered In the event that a detainee dies as a result to all affected staff and detainees within 24 of a suicide, the Notification and Reporting of to 72 hours after the critical incident.

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4.7 Terminal Illness, 1. The continuum of health care services provided to detainees shall address Advance Directives terminal illness and advance directives. and Death Appropriate to the circumstances, each detainee shall be provided with an option I. Purpose and Scope to complete an advance medical directive; This detention standard ensures that each 2. **The facility shall be in compliance with facility’s continuum of health care services standards set by the National Commission addresses terminal illness and advance on Correctional Health Care (NCCHC) in directives, and provides specific guidance in its provision of medical care to terminally the event of a detainee’s death. ill detainees. This detention standard applies to the 3. In the event of a detainee’s death, or a following types of facilities housing ERO detainee becomes gravely ill, specified detainees: officials as listed herein and required by ICE policies and the detainee’s designated x Service Processing Centers (SPCs); next of kin shall be notified immediately; x Contract Detention Facilities (CDFs); 4. In the event of a detainee’s death, and required notifications shall be made to x State or local government facilities used authorities outside of ICE/ERO (e.g., the by ERO through Intergovernmental local coroner or medical examiner), and Service Agreements (IGSAs) to hold required procedures shall be followed detainees for more than 72 hours. regarding such matters as autopsies, death certificates, burials and the Procedures in italics are specifically required disposition of decedent’s property. for SPCs, CDFs, and Dedicated IGSA Established guidelines and applicable facilities. Non-dedicated IGSA facilities laws shall be observed in regard to must conform to these procedures or adopt, notification of a detainee death while in adapt or establish alternatives, provided custody; they meet or exceed the intent represented by these procedures. 5. The health services administrator (HSA) at the facility where the detainee was Various terms used in this standard may be housed at the time of his/her death shall defined in standard “7.5 Definitions.” ensure the decedent’s medical record is II. Expected Outcomes reviewed for completeness and closed out; and The expected outcomes of this detention standard are as follows (specific 6. In the event of a detainee death, all requirements are defined in “V. Expected property of the detainee shall be returned Practices”). within two weeks to the detainee’s next of

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kin, unless property of the decedent is A. Terminal Illness being held as part of an investigation into When a detainee’s medical condition becomes the circumstances of death; life-threatening, the facility’s clinical medical 7. The applicable content and procedures in authority (CMA), or HSA, shall: this standard shall be communicated to 1. Arrange the transfer of the detainee to an the detainee in a language or manner the appropriate off-site medical or community detainee can understand. facility if appropriate and medically All written materials provided to necessary; and detainees shall generally be translated 2. Immediately notify the facility into Spanish. Where practicable, administrator and/or ICE/ERO Field provisions for written translation shall be Office Director both verbally and in made for other significant segments of the writing of the detainee’s condition. The population with limited English memorandum shall describe the detainee’s proficiency. illness and prognosis. Oral interpretation or assistance shall be The facility administrator, or designee, shall provided to any detainee who speaks immediately notify ICE/ERO and IHSC another language in which written material has not been translated or who is A detainee in a community hospital remains illiterate. detained under ICE/ERO authority, such that ICE/ERO retains the authority to make III. Standards Affected administrative, non-medical decisions This detention standard replaces “Terminal affecting the detainee (visitors, movement, Illness, Advance Directives and Death” dated authorization of care services, etc.). However, 12/2/2008. upon physical transfer of the patient to the community hospital’s care, the hospital IV. References assumes: National Commission on Correctional Health 1. medical decision-making authority Care, Standards for Health Care in Jails consistent with the contract (drug (2008): 109. regimen, lab tests, x-rays, treatments, etc.); and ICE/ERO Performance-based National Detention Standards 2011: “4.3 Medical 2. authority over the detainee’s treatment, Care.” which is exercised by the hospital’s medical staff once IHSC is notified of ICE Directive on “Notification and Reporting admission. However, IHSC managed care of Detainee Deaths,” Directive 7.9-0, October and the facility’s HSA shall follow up on a 1, 2009 daily basis to receive information about V. Expected Practices major developments.

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To that end, the hospital’s internal rules and instructions for detainees who wish to: procedures concerning seriously ill, injured 1. have a living will other than the generic and dying patients shall apply to detainees. form made available by medical staff; or The Field Office Director or designee shall immediately notify (or make reasonable 2. appoint another individual to make efforts to notify) the detainee’s next-of-kin of advance decisions for him/her. the medical condition and status, the At any time, a detainee may request forms or detainee’s location, and the visiting hours other related materials on Advanced and rules at that location, in a language or Directives or Living Wills. These may be manner which they can understand. prepared by the detainee’s attorney at the ICE/ERO, in conjunction with the medical detainee’s expense. provider, shall provide family members and When the terms of the Advanced Directive any others as much opportunity for visitation must be implemented, the medical as possible, in keeping with the safety, professional overseeing the detainee’s care security and good order of the facility. shall contact the appropriate ICE/ERO Facility staff shall be reminded to observe representative. and maintain safety and security measures ICE/ERO may seek judicial or while finding ways to respectfully administrative review of a detainee’s accommodate the family and detainee needs Advance Directive as appropriate. at this sensitive time. C. Do Not Resuscitate (DNR) Orders B. Living Wills and Advance Directives Each facility holding detainees shall Once a detainee is diagnosed as having a establish written policy and procedures terminal illness or remaining life expectancy governing DNR orders. Local procedures and of less than one year, the medical staff shall guidelines must be in accordance with the offer the detainee access to forms or other laws of the state in which the facility is related materials on Advanced Directives or located. Living Wills, including the appropriate translation services when needed. Likewise, Health care shall continue to be provided when the detainee is held at an off-site consistent with the DNR order. If the DNR facility, staff at that facility may assist the order is not physically present or there is any detainee in completing an Advance Directive question about the validity of the document, and/or Living Will. appropriate resuscitative aid shall be rendered until the existence of an active, All facilities shall use the State Advance properly executed DNR is verified. Directive form, appropriate to the state in which the facility is located, for Each facility’s DNR policy shall comply with implementing Living Wills and Advance the following stipulations: Directives, the guidelines for which include 1. a DNR written by a staff physician

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requires the CMA’s approval; 3) immediate family’s wishes, if immediate family has been 2. the policy shall protect basic patient rights identified; and otherwise comply with state requirements and jurisdiction in which 4) consensual decisions and the facility is located; recommendations of medical professionals, identified by name and 3. a decision to withhold resuscitative title; services shall be considered only under specified conditions: 5) mental competency (psychiatric) evaluation, if detainee concurred in, a. the detainee is diagnosed as having a but did not initiate, the DNR terminal illness; decision; and b. the detainee has requested and signed 6) informed consent evidenced, among the order (if the detainee is other things, by the legibility of the unconscious, incompetent, or otherwise DNR order, signed by the ordering unable to participate in the decision, physician, and CMA; and staff shall attempt to obtain the written concurrence of an immediate family 5. a detainee with a DNR order may receive member, and the attending physician all therapeutic efforts short of shall document these efforts in the resuscitation; medical record); and 6. the facility shall follow written procedures c. the decision is consistent with sound for notifying attending medical staff of the medical practice, and is not in any way DNR order; and

associated with assisting suicide, 7. as soon as practicable, the CD or HSA euthanasia or other such measures to shall notify the IHSC medical director and hasten death; and the respective ICE Office of Chief Counsel 4. the detainee’s medical file shall include of the basic circumstances of any detainee documentation validating the DNR order: for whom a DNR order has been filed in the medical record. a. a standard stipulation at the front of the in-patient record, and explicit D. Organ Donation by Detainees directions: “do not resuscitate” or If a detainee wants to donate an organ: “DNR”; and 1. the organ recipient must be a member of b. forms and memoranda recording: the donor’s immediate family; 1) diagnosis and prognosis; 2. the detainee may not donate blood or 2) express wishes of the detainee (e.g., blood products; living will, advance directive, or 3. all costs associated with the organ other signed document); donation (e.g., hospitalization, fees) shall

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be at the expense of the detainee, of a decedent is being held as part of an involving no Government funds; investigation into the circumstances of death, that property should be returned to 4. the detainee shall sign a statement that the decedent’s next of kin, if known, within documents his/her: two weeks. a. decision to donate the organ to the specified family member; G. Disposition of Remains b. understanding and acceptance of the Within seven calendar days of the date of risks associated with the operation; notification, either in writing or in person, the family shall have the opportunity to c. that the decision was undertaken of claim the remains. If the family chooses to his/her own free will and without claim the body, the family shall assume coercion or duress; and responsibility for making the necessary d. understanding that the Government arrangements and paying all associated costs shall not be held responsible for any (e.g., transportation of body, burial). resulting medical complications or If the family wishes to claim the remains, financial obligations incurred; but cannot afford the transportation costs, 5. IHSC medical staff shall assist in the ICE/ERO may assist the family by preliminary medical evaluation, transporting the remains to a location in the contingent on the availability of resources; United States. As a rule, the family alone is and responsible for researching and complying 6. the facility shall coordinate arrangements with airline rules and federal regulations on for the donation. transporting the body; however, ICE/ERO may coordinate the logistical details involved E. Death of a Detainee in ICE/ERO in returning the remains. Custody If family members cannot be located or Each facility shall have written policy and decline orally or in writing to claim the procedures to be followed to notify ICE/ERO remains, ICE/ERO shall notify the consulate, officials, next-of-kin and consulate officials of in writing, after which the consulate shall a detainee’s death, in accordance with ICE have seven calendar days to claim the Directive on Notification and Reporting of remains and be responsible for making the Detainee Deaths, Directive 7.9-0, October 1, necessary arrangements and paying all costs 2009. incurred (e.g., moving the body, burial). F. Disposition of Property If neither the family nor the consulate claims the remains, ICE/ERO shall schedule an Facilities shall turn over the property of the indigent’s burial, consistent with local decedent to ICE/ERO within one week for procedures. However, if the detainee’s record processing and disposition. Unless property indicates U.S. military service, before

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proceeding with the indigent burial Counsel. arrangements, ICE/ERO shall contact the The written procedures shall address, at a Department of Veterans Affairs to determine minimum, the following; whether the decedent is eligible for burial benefits. 1. contacting the local coroner or medical examiner, in accordance with established The Chaplain may advise the facility guidelines and applicable laws; administrator and others involved about religious considerations that could influence 2. scheduling the autopsy; the decision about the disposition of remains. 3. identifying the person who shall perform Under no circumstances shall ICE/ERO the autopsy; authorize cremation or donation of the 4. obtaining the official death certificate; and remains for medical research. 5. transporting the body to the coroner or H. Death Certificate medical examiner’s office. The facility administrator shall specify policy a. Who May Order an Autopsy and procedures regarding responsibility for The FBI, local coroner, medical proper distribution of the death certificate, examiner, ICE personnel or clinical as follows: medical/administrative health authority may order an autopsy and related 1. send the original to the person who scientific or medical tests to be claimed the body, with a certified copy in performed in a homicide, suicide, fatal the A-file on the decedent; or accident or other detainee’s death, in 2. if the decedent received an indigent’s accordance with established guidelines burial, place the original death certificate and applicable laws. in the A-file. The FBI, local coroner, medical I. Autopsies examiner, ICE personnel or clinical Each facility shall have written policy and medical/administrative health authority procedures to implement the provisions may order an autopsy or post-mortem detailed below in this section. operation for other cases, with the written consent of a person authorized 1. the facility chaplain shall be involved in under state law to give such consent formulation of the facility’s procedures; (e.g., the local coroner or medical 2. because state laws vary greatly, including examiner, or next-of-kin), or authorize a when to contact the coroner or medical tissue transfer authorized in advance by examiner, the respective ICE Office of the decedent. Chief Counsel shall be consulted; and b. Making Arrangements for an Autopsy 3. a copy of the written procedures shall be Medical staff shall arrange for the forwarded to the ICE Office of Chief

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approved autopsy to be performed by decedent was otherwise unattended the local coroner or medical examiner, by a physician. in accordance with established 3) Religious Considerations guidelines and applicable laws: It is critical that the Field Office

1) while a decision on an autopsy is Director, or designee, verify the pending, no action shall be taken detainee’s religious preference prior that shall affect the validity of the to final authorizations for autopsies autopsy results; and or embalming, and accommodate 2) local law may also require an religious-specific requirements. autopsy for death occurring when the

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1. Detainees shall be able to correspond with 5.1 Correspondence and their families, the community, legal Other Mail representatives, government offices and consular officials. I. Purpose and Scope 2. Detainees shall be notified of the facility’s rules on correspondence and other mail This detention standard ensures that through the detainee handbook, or detainees shall be able to correspond with supplement, provided to each detainee their families, the community, legal upon admittance. representatives, government offices and consular officials consistent with the safe 3. The amount and content of and orderly operation of the facility. correspondence detainees send at their own expense shall not be limited, except to This detention standard applies to the protect public safety or facility security following types of facilities housing ERO and order. detainees: 4. Indigent detainees shall receive a specified x Service Processing Centers (SPCs); postage allowance to maintain community x Contract Detention Facilities (CDFs); ties and necessary postage for privileged and correspondence. x State or local government facilities used 5. Detainees shall have access to general by ERO through Intergovernmental interest publications. Service Agreements (IGSAs) to hold 6. Incoming and outgoing mail, with the detainees for more than 72 hours. exception of special correspondence or Procedures in italics are specifically required legal mail, shall be opened to inspect for for SPCs, CDFs, and Dedicated IGSA contraband and to intercept cash, checks facilities. Non-dedicated IGSA facilities and money orders. must conform to these procedures or adopt, 7. General correspondence shall be read or adapt or establish alternatives, provided rejected only to protect the safe, secure they meet or exceed the intent represented and orderly operation of the facility, and by these procedures. detainees shall be notified in writing when Various terms used in this standard may be correspondence is withheld in part or in defined in standard “7.5 Definitions.” full. II. Expected Outcomes 8. Detainees shall be permitted to send special correspondence or legal mail to a The expected outcomes of this detention specified class of persons and standard are as follows (specific organizations, and incoming mail from requirements are defined in “V. Expected these persons shall be opened only in the Practices”).

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presence of the detainees (unless waived) Facilities: 4-ALDF-5B-05, 5B-06, 5B-07, 5B­ to check for contraband (except when 08, 5B-09, 5B-10, 2A-27, 2A-60, 6A-09. contamination is suspected). V. Expected Practices 9. Incoming and outgoing letters shall be held for no more than 24 hours and A. General packages no more than 48 hours before Each facility shall have written policy and distribution, excluding weekends, holidays procedures concerning detainee or exceptional circumstances. correspondence and other mail. 10. Detainees in Special Management Units The quantity of correspondence a detainee (SMU) shall have the same may receive or send at his/her own expense correspondence privileges as detainees in shall not be limited. Facilities shall not limit the general population. detainees to postcards and shall allow 11. The applicable content and procedures in envelope mailings. For reasons of safety, this standard shall be communicated to security and the orderly operation of the the detainee in a language or manner the facility, non-correspondence mail, such as detainee can understand. packages and publications, shall be subject to certain restrictions. All written materials provided to detainees shall generally be translated B. Indigent Detainees into Spanish. Where practicable, Ordinarily, a detainee is considered provisions for written translation shall be “indigent” if he/she has less than $15.00 in made for other significant segments of the his/her account. Facilities shall make a population with limited English timely determination as to whether a proficiency. detainee is indigent. Oral interpretation or assistance shall be Each facility shall have written procedures provided to any detainee who speaks that explain how indigent detainees can another language in which written request postage at government expense. material has not been translated or who Such procedures shall also be posted in a is illiterate. common area where all detainees can view III. Standards Affected them. At government expense, as determined by This detention standard replaces ICE/ERO, indigent detainees shall be “Correspondence and Other Mail” dated permitted to post a reasonable amount of 12/2/2008. mail each calendar week (see “J. Postage VI. References Costs”) below, including the following: American Correctional Association 4th 1. an unlimited amount of special Edition, Standards for Adult Detention correspondence or legal mail, within

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reason; detainee’s presence, and may be inspected for contraband, but not read, and that 2. three pieces of general correspondence; outgoing special correspondence or legal and/or mail shall not be opened, inspected or 3. packages as deemed necessary by read; ICE/ERO. 6. That packages may neither be sent nor C. Detainee Notification received without advance arrangements The facility shall notify detainees of its rules approved by the facility administrator, as on correspondence and other mail through well as information regarding how to the detainee handbook, or supplement, obtain such approval; provided to each detainee upon admittance. 7. A description of mail which may be rejected At a minimum, the notification shall specify: by the facility and which the detainee shall 1. That a detainee may receive mail, the not be permitted to keep in his/her mailing address of the facility, and possession; instructions on how envelopes shall be 8. That identity documents, such as addressed; passports, birth certificates, etc., in a 2. That a detainee may send mail, the detainee’s possession are contraband and procedure for sending mail, and may be used by ICE/ERO as evidence instructions on how outgoing mail must be against the detainee or for other purposes addressed; authorized by law (however, upon request, the detainee shall be provided a copy of 3. That general correspondence and other each document, certified by an ICE/ERO mail addressed to detainees shall be officer to be a true and correct copy; the opened and inspected in the detainee’s facility shall consult ICE/ERO with any presence, unless the facility administrator and all requests for identity documents); authorizes inspection without the detainee’s presence for security reasons; 9. The procedure to obtain writing implements, paper and envelopes; and 4. The definition of special correspondence or legal mail, including instructions on the 10. The procedure for purchasing postage proper labeling as “special (if any), and the rules for providing correspondence” or “legal mail” to ensure indigent and certain other detainees free that it is treated as privileged mail; the postage. notification shall clearly state that it is The rules notification shall be posted in each the detainee’s responsibility to inform housing area. senders of the labeling requirement; The facility shall provide key information to 5. That incoming special correspondence or detainees in languages spoken by any legal mail may only be opened in the significant portion of the facility’s detainee

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population. Oral interpretation or assistance Detainees shall not be allowed to receive or shall be provided to any detainee who speaks send packages without advance another language in which written material arrangements approved by the facility has not been translated or who is illiterate. administrator. The detainee shall pay D. Processing postage for packages and oversized or overweight mail. Detainee correspondence and other mail F. Inspection of Incoming Correspondence shall be delivered to the detainee and to the postal service on regular schedules. and Other Mail 1. General Correspondence and Other Mail 1. Incoming correspondence shall be distributed to detainees within 24 hours All facilities shall implement procedures for (one business day) of receipt by the the inspection of all incoming general facility. correspondence and other mail (including 2. Outgoing correspondence shall be packages and publications) for contraband. delivered to the postal service no later Staff shall open and inspect incoming general than the day after it is received by facility correspondence and other mail (including staff or placed by the detainee in a packages and publications) in the presence of designated mail depository, excluding the detainee unless otherwise authorized by weekends and holidays. the facility administrator. Incoming general 3. An exception may be made for correspondence may be read to the extent correspondence or other mail that requires necessary to maintain security, as authorized special handling for security purposes. For by the facility administrator. example, in exceptional circumstances, Inspection is generally for the purpose of special correspondence may be held for 48 detecting contraband. Reading of mail, which hours, to verify the status of the addressee requires approval of the facility or sender. administrator, may be conducted at random. As a routine matter, incoming mail shall be Mail may also be read when a specific distributed to detainees on the day received security concern arises with respect to an by the facility. Incoming priority, overnight, individual detainee, including, but not certified mail and deliveries from a private limited to, for obtaining information such as package delivery service, etc., shall be escape plots, plans to commit illegal acts and recorded with detainee signatures in a plans to violate institution rules. logbook maintained by the facility. 2. Special Correspondence or Legal Mail E. Packages “Special correspondence” or “legal mail” shall be defined as the term for detainees’ written Each facility shall implement policies and communications to or from any of the procedures concerning detainee packages. following:

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a. private attorneys and other legal correspondence or legal mail was opened in representatives; their presence. b. government attorneys; Staff shall neither read nor copy special correspondence or legal mail. The inspection c. judges and courts; shall be limited to the purposes of detecting d. embassies and consulates; physical contraband and confirming that any e. the president and vice president of the enclosures qualify as special correspondence United States; or legal mail. f. members of Congress; G. Inspection of Outgoing Correspondence g. the Department of Justice (including the and Other Mail DOJ Office of the Inspector General); 1. General Correspondence and Other Mail h. the Department of Homeland Security Outgoing general correspondence and other (including U.S. Immigration and Customs mail may be inspected or read if: Enforcement, ICE Health Services Corps, a. the addressee is another detainee; or the Office of Enforcement and Removal Operations, the DHS Office for Civil b. there is evidence the item might present a Rights and Civil Liberties, and the DHS threat to the facility’s secure or orderly Office of the Inspector General); operation, endanger the recipient or the public or facilitate criminal activity. i. outside health care professionals; The detainee must be present when the j. administrators of grievance systems; and correspondence or other mail, including k. representatives of the news media. packages, is inspected, unless otherwise Correspondence shall only be treated as authorized by the facility administrator. special correspondence or legal mail if the 2. Special Correspondence or Legal Mail title and office of the sender (for incoming Staff shall neither read nor copy outgoing correspondence) or addressee (for outgoing special correspondence or legal mail. The correspondence) are unambiguously inspection shall be limited to the purposes of identified on the envelope, and the envelope detecting physical contraband and is labeled “special correspondence” or “legal confirming that any enclosures qualify as mail.” special correspondence or legal mail. All facilities shall implement procedures for Staff shall treat outgoing correspondence as inspecting for contraband, in the presence of special correspondence or legal mail only if the detainee, all special correspondence or the name, title and office of the recipient are legal mail. Detainees shall sign a logbook clearly identified on the envelope and the upon receipt of special correspondence and/or envelope is labeled “special correspondence” legal mail to verify that the special or “legal mail.”

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H. Rejection of Incoming and Outgoing 2. Information regarding escape plots, or Mail plans to commit illegal activities, or to violate ICE/ERO rules or facility All facilities shall implement policies and guidelines; procedures addressing acceptable and non- acceptable mail. Detainees may receive as 3. Information regarding the production of correspondence any material reasonably drugs or alcohol; necessary for the detainee to present his/her 4. Sexually explicit material that is obscene legal claim, in accordance with this or prurient in nature; standard. 5. Threats, extortion, obscenity or gratuitous Incoming and outgoing general profanity; correspondence and other mail may be 6. Cryptographic or other surreptitious code rejected to protect the security, good order or that may be used as a form of discipline of the institution; to protect the communication; or public; or to deter criminal activity. 7. Other contraband (any package received When incoming or outgoing mail is without the facility administrator’s prior confiscated or withheld (in whole or in part), authorization is considered contraband). the detainee shall be notified and given a receipt. Both sender and addressee shall be provided written notice, signed by the facility The facility administrator shall ordinarily administrator, with explanation, when the consult a religious authority before facility rejects incoming or outgoing mail. confiscation of a religious item that Rejected mail shall be considered contraband constitutes “soft” contraband. and handled as detailed in the next section of Correspondence and publications that may this standard. be rejected include, but are not limited to, A detainee may appeal rejection of the following. correspondence through the Detainee 1. Material depicting activities that present Grievance System. a significant risk of physical violence or I. Contraband Recording and Handling group disruption (e.g., material with subjects of self-defense or survival, When an officer finds an item that must be weaponry, armaments, explosives or removed from a detainee’s mail, he/she shall incendiary devices); however, note that make a written record that includes: newspaper articles that depict or describe 1. the detainee’s name and A-number; violence in a detainee’s country of origin may be relevant to a detainee’s legal case 2. the name of the sender and recipient; and should not automatically be 3. a description of the mail in question; considered contraband; 4. a description of the action taken and the

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reason for it; a. to indigent detainees only; or 5. the disposition of the item and the date of b. to all detainees, if the facility does not disposition; and have a system for detainees to purchase stamps. 6. the officer’s signature. 3. Free postage is generally limited to letters Prohibited items discovered in the mail shall weighing one ounce or less, with be handled as follows: exceptions allowed for special 1. A receipt shall be issued to the detainee correspondence; however, in compelling for all cash, which shall be safeguarded circumstances, the facility may also and credited to the detainee’s account in provide free postage for general accordance with standard “2.5 Funds and correspondence and other mail. Personal Property.” 4. Detainees who qualify for a postage 2. Identity documents (e.g., passports, birth allowance as defined above shall be certificates) shall be placed in the permitted to mail, at government expense, detainee’s A-file and, upon request, the the following: detainee shall be provided with a copy of a. a reasonable amount of mail each week, the document, certified by an ICE/ERO including at least three pieces of officer to be a true and correct copy. general correspondence; 3. Other prohibited items found in the mail b. an unlimited amount of correspondence shall be handled in accordance with related to a legal matter, within reason, standard “2.3 Contraband”; however, at including correspondence to a legal the discretion of the facility administrator, representative, free legal service soft contraband may be returned to the provider, any court, opposing counsel or sender. to a consulate, potential legal 4. The facility administrator shall ensure representative and any court, as that facility records of the discovery and determined by the facility disposition of contraband are accurate and administrator; and current. c. packages containing personal property, J. Postage Costs when the facility administrator 1. The facility shall not limit the amount of determines that storage space is limited correspondence detainees may send at and that mailing the property is in the their own expense, except to protect public government’s best interest. See safety or facility security and order. standard “2.5 Funds and Personal Property” for detailed information; and 2. The facility shall provide a postage allowance at government expense under K. Writing Implements, Paper and two circumstances: Envelopes

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The facility shall provide writing paper, special correspondence only if the envelope is writing implements and standard sized properly addressed with the name, title and envelopes at no cost to detainees. Special office of the media representative and is sized envelopes may be provided to detainees clearly labeled “special correspondence.” at their cost. N. Notaries, Certified Mail and L. Detainees in Special Management Miscellaneous Needs Associated With Units (SMU) Legal Matters

All facilities shall have written policy and If a detainee without legal representation procedures regarding mail privileges for requests certain services in connection with detainees housed in an SMU. a legal matter, such as notary public or Detainees in administrative or disciplinary certified mail, and has no family member, segregation shall have the same friend or community organization to provide correspondence privileges as detainees in the assistance, the facility shall consult with general population. ICE/ERO to provide the necessary services and shall assist the detainee in a timely M. Correspondence with Representative manner. of the News Media If it is unclear whether the requested service A detainee may use special correspondence to is necessary in pursuit of a legal matter, the communicate with representatives of news respective ICE Office of Chief Counsel shall media. be consulted. A detainee may not receive compensation or O. Facsimile Communication anything of value for correspondence with news media, including, but not limited to, When timely communication through the publishing under a byline. A detainee may mail is not possible, the facility not act as a reporter. administrator may in his/her discretion allow for a reasonable amount of communication Representatives of news media may initiate by means of facsimile device between the correspondence with a detainee; however, detainee and his/her designated legal such correspondence shall be treated as representatives.

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5.2 Trips for Non-medical 1. Within the constraints of safety and security, selected detainees shall be able Emergencies to visit critically ill members of the immediate family, attend their funerals or I. Purpose and Scope attend family-related state court This detention standard permits detainees to proceedings, while under constant staff maintain ties with their families through supervision. emergency staff-escorted trips into the 2. Safety and security shall be primary community to visit critically ill members of considerations in planning, approving and the immediate family or to attend their escorting a detainee out of a facility for a funerals. non-medical emergency. This detention standard applies to the III. Standards Affected following types of facilities housing ERO detainees: This detention standard replaces “Escorted Trips for Non-medical Emergencies” dated x Service Processing Centers (SPCs); 12/2/2008. x Contract Detention Facilities (CDFs); and IV. References x State or local government facilities used American Correctional Association, by ERO through Intergovernmental Performance-based Standards for Adult Service Agreements (IGSAs) to hold Local Detention Facilities, 4th Edition: 4­ detainees for more than 72 hours. ALDF-1B-06. Procedures in italics are specifically required ICE/ERO Performance-based National for SPCs, CDFs, and Dedicated IGSA Detention Standards 2011: facilities. Non-dedicated IGSA facilities x “1.3 Transportation (by Land)”; must conform to these procedures or adopt, adapt or establish alternatives, provided x “2.10 Searches of Detainees”; and they meet or exceed the intent represented x “2.15 Use of Force and Restraints.” by these procedures. ICE Interim Use of Force Policy (7/7/2004), Various terms used in this standard may be as amended or updated. defined in standard “7.5 Definitions.” V. Expected Practices II. Expected Outcomes A. Non-Medical Emergency Trip Requests The expected outcomes of this detention and Approvals standard are as follows (specific requirements are defined in “V. Expected On a case-by-case basis, and with approval of Practices”). the respective Field Office Director, the facility administrator may allow a detainee,

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under ICE/ERO staff escort, to visit a B. Types of Trips and Travel Arrangements critically ill member of his/her immediate 1. Local Trip family, attend an immediate family member’s funeral and/or wake or attend a A “local” trip constitutes up to and including family-related state court proceeding. a 10-hour absence from the facility. ICE/ERO assumes the costs, except that the detainee “Immediate family member” refers to a must pay for his/her own commercial carrier parent (including stepparent or foster transportation (e.g., plane, train), if needed parent), brother, sister, biological or adopted for the trip. child and spouse (including common-law 2. Extended Trip spouse). An “extended” trip involves more than a 10­ The Field Office Director is the approving hour absence and may include an overnight official for non-medical emergency escorted stay. The cost of the detainee’s roundtrip trips from SPCs, CDFs and IGSAs, and may transportation on a commercial carrier must delegate this authority to the Assistant Field be prepaid by the detainee, the detainee’s Office Director-level for any detainee who family or another source approved by the does not require a high degree of control and Field Office Director. supervision. 3. Travel Arrangements The facility administrator shall designate staff to help detainees prepare requests for ICE/ERO shall make all travel non-medical emergency trip requests, arrangements; however, travel involving a according to the following stipulations. commercial carrier may not commence until the detainee or person acting on his/her 1. That staff member shall forward the behalf has submitted an open paid-in-full completed request to the detainee’s ticket or electronic-ticket voucher in the deportation officer. detainee’s name. 2. The deportation officer shall review the As needed, ICE/ERO shall provide overnight merits of the request, to include housing in an SPC, CDF or IGSA facility. consultations with immigration enforcement agents, medical staff, the ICE/ERO shall pay the travel costs incurred detainee’s family and other persons in by the transporting officers. positions to provide relevant information. C. Selection of Escorts

3. On the basis of the information collected, No less than two escorts are required for the deportation officer shall report to the each trip. The Field Office Director or his/her facility administrator on the designee shall select and assign the roles of appropriateness of the detainee’s request the transporting officers (escorts) and and the amount of supervision the travel delegate to one the decision-making plan may entail. authority for the trip. Ordinarily,

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probationary officers may not be assigned, Control Center at the originating facility. and in no case may more than one Control Center staff shall relay the probationary officer be on an escort team. information to the highest-ranking D. Supervision and Restraint supervisor on duty, who shall issue Requirements instructions for completion of the trip. 6. Escorts shall deny the detainee access to Except when the detainee is housed in a any intoxicant, narcotic, drug detention facility, transporting officers shall paraphernalia or drug not prescribed for maintain constant and immediate visual his/her use by the medical staff. supervision of any detainee who is under escort and shall follow the policy and 7. If necessary, the transporting officers may procedures in the standards on increase the minimum restraints placed “Transportation (By Land)” and “Use of on the detainee at the outset of the trip, Force and Restraints.” but at no time may reduce the minimum restraints. Since escorts may exercise no E. Training discretion in this matter and are Escort officers and others, as appropriate, prohibited from removing the restraints, shall receive training on: the detainee shall visit a critically ill relative, attend a funeral or attend a 1. standard “5.2 Escorted Trips for Non­ family-related state court proceeding in medical Emergencies”; and restraints. 2. standards “1.3 Transportation (By Land)” 8. Escorts shall advise the detainee of the and “2.15 Use of Force and Restraints.” rules in effect during the trip, in a F. Escort Instructions language or manner the detainee can 1. Escorts shall follow the applicable policies, understand. standards and procedures listed above in All written materials provided to this standard. detainees shall generally be translated 2. Routes, meals and lodgings (if necessary) into Spanish. Where practicable, shall be arranged prior to departure. provisions for written translation shall be made for other significant segments of the 3. Escorts shall follow the schedule included population with limited English in the trip authorization, arriving at and proficiency. departing from the place(s) and event(s) listed at the specified times. Oral interpretation or assistance shall be provided to any detainee who speaks 4. For security reasons, the trip route and another language in which written schedule shall be confidential. material has not been translated or who is 5. The responsible transporting officer shall illiterate. report unexpected developments to the 9. Among other things, the escorted detainee

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may not: the facility, he/she is subject to searches in accordance with standard “2.10 a. bring discredit to ICE/ERO; Searches of Detainees,” as well as tests b. violate any federal, state or local law; for alcohol or drug use. c. make unauthorized phone call(s); or 12. Officers may not accept gifts or gratuities d. arrange any visit(s) without the express from the detainee or any other person in permission of the facility administrator. appreciation for performing escort duties or for any other reason. 10. If the detainee breaches any of these rules, the responsible officer may decide 13. Escorts shall ensure that detainees with to terminate the trip and immediately physical or mental disabilities are return to the facility. provided reasonable accommodations in accordance with security and safety 11. Officers shall also remind the detainee concerns. that, during the trip and upon return to

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5.3 Marriage Requests standard are as follows (specific requirements are defined in “V. Expected I. Purpose and Scope Practices”). This detention standard ensures that each 1. Each marriage request from an ICE/ERO marriage request from an ICE/ERO detainee detainee shall be reviewed on a case-by­ receives a case-by-case review, based on case basis. internal guidelines for approval of such 2. Consistency in decisions to approve or requests. deny a marriage request shall be achieved The guidelines provided in this Detention by the application of guidelines. Standard are internal and shall not be 3. Ordinarily, a detainee’s request for construed as creating rights for detainees or permission to marry shall be granted. other persons or preventing the facility administrator from exercising discretion in III. Standards Affected conducting the required case-by-case review. This detention standard replaces “Marriage This detention standard applies to the Requests” dated 12/2/2008. following types of facilities housing ERO detainees: IV. References x Service Processing Centers (SPCs); None x Contract Detention Facilities (CDFs); V. Expected Practices and A. Written Policy and Procedures x State or local government facilities used Required by ERO through Intergovernmental Service Agreements (IGSAs) to hold All facilities shall have in place written detainees for more than 72 hours. policy and procedures to enable eligible ICE/ERO detainees to marry. Procedures in italics are specifically required for SPCs, CDFs, and Dedicated IGSA B. Detainee Notification facilities. Non-dedicated IGSA facilities The National Detainee Handbook and must conform to these procedures or adopt, local facility supplement, provided each adapt or establish alternatives, provided detainee upon admittance, shall advise they meet or exceed the intent represented detainees of the facility’s marriage request by these procedures. procedures. Various terms used in this standard may be C. Detainee Request to Marry defined in standard “7.5 Definitions.” A detainee, or his/her legal representative, II. Expected Outcomes may submit to the facility administrator or Field Office Director (FOD) a written request The expected outcomes of this detention

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for permission to marry. denial of all marriage requests should be reviewed by the FOD (or designee). The request must: a. The FOD (or designee), after whatever 1. specifically express that the detainee is consultations he or she believes are legally eligible to be married in the state advisable, may uphold or reverse the where the detainee is being held; and facility administrator’s denial. 2. be accompanied by the intended spouse’s b. If the request is approved, the marriage written affirmation of his/her intent to ceremony shall take place at the facility. If marry the detainee. necessary under some extraordinary D. Consideration and Approval circumstances, ICE/ERO may assume 1. SPCs and CDFs temporary custody of the detainee for the marriage ceremony. The facility administrator may approve or deny a marriage request, using the If the request is denied, ICE/ERO shall guidelines that follow. Approval or denial of notify the detainee, in writing, of the reasons all marriage requests should be reviewed by for the denial within 30 days from the date of the FOD or designee. the request. a. Any facility administrator’s decision to Detainees may seek legal assistance deny a marriage request shall be throughout the marriage application process. forwarded to the respective FOD for E. Guidelines review. When a detainee requests permission to b. The Field Office Director (or designee), marry: after whatever consultations he or she believes are advisable, may uphold or 1. The facility administrator or Field Office reverse the facility administrator’s denial. Director shall consider each marriage request on a case-by-case basis. If the request is denied, ICE/ERO shall notify the detainee, in writing, of the reasons 2. A detainee’s request for permission to for the denial within 30 days from the date of marry shall be denied if: the request. a. the detainee is not legally eligible to be Detainees may seek legal assistance married; throughout the marriage application process. b. the detainee is not mentally competent, 3. IGSAs as determined by a qualified medical practitioner; The facility administrator shall notify and consult the respective Assistant Field Office c. the intended spouse has not affirmed, Director, who shall use the guidelines below in writing, his/her intent to marry the to approve or deny the request. Approval or detainee;

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d. the marriage would present a threat to 5. Ordinarily, arrangements made by the the security or orderly operation of the detainee or persons acting on his/her facility; or behalf shall be accommodated, consistent with the security and orderly operation of e. there are compelling government the facility, according to the following interests for denying the request. stipulations: If the request is denied, the detainee may a. the ceremony shall take place inside the file an appeal to the Field Office Director. facility; the detainee may not leave the 3. When a request is approved, the detainee, facility to make arrangements; legal representative or other individual(s) b. all expenses relating to the marriage acting on his/her behalf must make all the shall be borne by the detainee or marriage arrangements, including, but not person(s) acting on his/her behalf; and limited to: c. the ceremony shall be private with no a. blood tests; media publicity. Only individuals b. obtaining the marriage license; and essential for the marriage ceremony, c. retaining an official to perform the such as required witnesses may attend. marriage ceremony. The facility administrator or FOD ICE/ERO personnel shall not reserves the right of final approval participate in making marriage concerning the time, place and manner of arrangements nor serve as witnesses in all arrangements. the ceremony. F. Revocation of Approval 4. The facility administrator or designated The FOD may revoke approval of a marriage Field Office staff shall notify the detainee request for good cause in writing to the in a timely manner of a time and place for detainee. In such instances, the detainee the ceremony. may file an appeal. The marriage may not interrupt regular or G. Documentation in Detention File scheduled processing or action in a detainee’s legal case. Specifically, it may Once the marriage has taken place, the neither interrupt nor stay any hearing, facility administrator shall forward original transfer to another facility or removal from copies of all documentation to the detainee’s the United States. A-file and maintain copies in the facility’s detention file. Transfers shall not occur solely to prevent a marriage.

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5.4 Recreation standard are as follows (specific requirements are defined in “V. Expected I. Purpose and Scope Practices”). This detention standard ensures that each 1. Detainees shall have daily opportunities detainee has access to recreational and at a reasonable time of day to participate exercise programs and activities, within the in leisure-time activities outside their constraints of safety, security and good respective living areas. order. 2. Detainees shall have access to exercise This detention standard applies to the opportunities and equipment at a following types of facilities housing ERO reasonable time of day, including at least detainees: one hour daily of physical exercise outside the living area, and outdoors when x Service Processing Centers (SPCs); practicable. Facilities lacking formal x Contract Detention Facilities (CDFs); outdoor recreation areas are encouraged to and explore other, secure outdoor areas on facility grounds for recreational use. Daily x State or local government facilities indoor recreation shall also be available. used by ERO through During inclement weather, detainees shall Intergovernmental Service have access to indoor recreational Agreements (IGSAs) to hold detainees opportunities, preferably with access to for more than 72 hours. natural light. Procedures in italics are specifically required **Detainees shall have at least four hours a for SPCs, CDFs, and Dedicated IGSA day access, seven days a week, to outdoor facilities. Non-dedicated IGSA facilities recreation, weather and scheduling must conform to these procedures or adopt, permitted. Outdoor recreation shall support adapt or establish alternatives, provided leisure activities, outdoor sports and exercise they meet or exceed the intent represented as referenced and defined by the National by these procedures. Commission on Correctional Health Care For all types of facilities, procedures that Standards, provided outside the confines of appear in italics with a marked (**) on the the housing structure and/or other solid page indicate optimum levels of compliance enclosures. for this standard. 3. Any detainee housed in a facility that does Various terms used in this standard may be not meet minimum standards for indoor defined in standard “7.5 Definitions.” and outdoor recreation shall be considered II. Expected Outcomes for voluntary transfer to a facility that does meet minimum standards for indoor The expected outcomes of this detention and outdoor recreation.

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4. Each detainee in a Special Management III. Standards Affected Unit (SMU) shall receive (or be offered) access to exercise opportunities and This detention standard replaces equipment outside the living area and “Recreation” dated 12/2/2008. outdoors, when practicable, unless IV. References documented security, safety or medical considerations dictate otherwise. American Correctional Association, Detainees in the SMU for administrative Performance-based Standards for Adult reasons shall receive at least one (1) hour Local Detention Facilities, 4th Edition: 4­ a day, seven (7) times a week, detainees in ALDF-5C-01, 5C-02, 5C-03, 5C-04, 2A-66, the SMU for disciplinary reasons shall 5A-01, 6B-04, 7B-03, 7C-02, 7F-05. receive at least one (1) hour a day, five (5) V. Expected Practices times per week. 5. Each recreation volunteer who provides or A. Indoor and Outdoor Recreation participates in facility recreational 1. It is expected that every ICE/ERO programs shall complete an appropriate, detainee shall be placed in a facility that documented orientation program and sign provides indoor and outdoor recreation. an acknowledgement of his/her However, in exceptional circumstances, a understanding of the applicable rules and facility lacking outdoor recreation procedures and agreement to comply with opportunities or any recreation area may them, be used to provide short-term housing. 6. The applicable content and procedures in 2. If a facility does not have an outdoor area, this standard shall be communicated to a large recreation room with exercise the detainee in a language or manner the equipment and access to sunlight shall be detainee can understand. provided. All written materials provided to English 3. If a detainee is housed for more than 10 speaking detainees shall generally be days in a facility that provides neither translated into Spanish. Where indoor nor outdoor recreation, he/she may practicable, provisions for written be eligible for a voluntary transfer to a translation shall be made for other facility that does provide recreation. significant segments of the population 4. If a detainee is housed for more than three with limited English proficiency. months in a facility that provides only Oral interpretation or assistance shall be indoor recreation, he/she may be eligible provided to any detainee who speaks for a voluntary transfer to a facility that another language in which written provides outdoor recreation. material has not been translated or who is B. Recreation Schedule illiterate.

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If outdoor recreation is available at the assess the needs and interests of the facility, each detainee in general population detainees. shall have access for at least one hour, seven D. General Requirements days a week, at a reasonable time of day, weather permitting. 1. All facilities shall provide recreational opportunities for detainees with Detainees shall have access to clothing disabilities. appropriate for weather conditions. 2. Exercise areas shall offer a variety of If only indoor recreation is available, equipment. Weight training, if offered, detainees in general population shall have must be limited to fixed equipment. Free access for no less than one hour, seven days weights are prohibited. a week and shall have access to natural light. 3. Cardiovascular exercise shall be available to detainees for whom outdoor recreation **Detainees in the general population shall is unavailable. have access at least four hours a day, seven days a week to outdoor recreation, weather 4. Recreational activities shall be based on and scheduling permitted. Daily indoor the facility’s size and location. recreation shall also be available. During Recreational activities may include inclement weather, detainees shall have limited-contact sports, such as soccer, access to indoor recreational opportunities basketball, volleyball and table games, with access to natural light. and may extend to intramural competitions among units. Recreation schedules shall be provided to the detainees or posted in the facility. Dayrooms in general population housing units shall offer board games, television Under no circumstances shall the facility and other sedentary activities. require detainees to forgo basic law library privileges for recreation privileges. (See Detention personnel shall supervise standard “6.3 Law Libraries and Legal dayroom activities, distributing games Materials.”) and other recreation materials daily. C. Recreation Specialist 5. All detainees participating in outdoor recreation shall have access to drinking The facility administrator shall designate an water and toilet facilities. individual responsible for the development and oversight of the recreation program. 6. Detention or recreation staff shall search Every facility with a rated capacity of 350 or recreation areas before and after use to more ICE detainees shall employ a fulltime detect altered or damaged equipment, recreation specialist with special training in hidden contraband and potential security implementing and overseeing a recreation breaches. They shall also issue all portable program. The recreation specialist shall equipment items, and check each item for

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damage and general condition upon its As necessary or advisable to prevent assaults return. and reduce management problems, recreation for certain individuals shall be 7. Programs and activities are subject to the alone and separate from all other detainees. facility’s security and operational The facility administrator shall develop and guidelines and may be restricted at the implement procedures to ensure that facility administrator’s discretion. detainees who must be kept apart never 8. Recreation areas shall be under participate in activities in the same location continuous supervision by staff equipped at the same time (e.g., recreation for with radios or other communication detainees in protective custody shall occur devices to maintain contact with the separate from other detainees). Control Center. Unless documented security, safety or 9. Contraband searches of detainees who are medical considerations dictate otherwise: moving from locked cells or housing units Each detainee in a Special Management Unit to recreation areas shall be conducted in (SMU) shall receive (or be offered) access to accordance with standard “2.10 Searches exercise opportunities and equipment of Detainees.” outside the living area and outdoors, when 10. Detainees may engage in independent practicable, unless documented security, recreation activities, such as board games safety or medical considerations dictate and small-group activities, consistent otherwise. with the safety, security and orderly Detainees in the SMU for administrative operation of the facility. reasons shall be offered at least one hour of 11. The facility administrator shall establish exercise opportunities per day, seven days a facility policy concerning television week, outside their cells, and outdoors when viewing in dayrooms. All television practicable, and scheduled at a reasonable viewing schedules shall be subject to the time. facility administrator’s approval. **Facilities operating at the optimal level **Detainees shall be provided FM shall offer detainees at least two hours of wireless headsets for television viewing, recreation or exercise opportunities per day, with access to appropriate language seven days a week. stations or choices. Detainees in the SMU for disciplinary E. Recreation for a Special Management reasons shall be offered at least one hour of Unit (SMU) exercise opportunities per day, five days per Recreation for detainees housed in the SMU week, outside their cells, and outdoors when shall occur separately from recreation for the practicable, and scheduled at a reasonable general population. time.

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**Facilities operating at the optimal level himself/herself or others. shall offer detainees at least one hour of 3. When recreation privileges are suspended, recreation or exercise opportunities per day, the disciplinary panel or facility seven days a week. administrator shall provide the detainee Where cover is not provided to mitigate written notification, as well as inclement weather, detainees shall be documentation of the reason for the provided weather-appropriate equipment suspension, any conditions that must be and attire. met before restoration of privileges, and the duration of the suspension provided The recreation privilege shall be denied or the requisite conditions are met for its suspended only if the detainee’s recreational restoration. activity may unreasonably endanger safety or security: 4. The case of a detainee denied recreation privileges shall be reviewed at least once 1. A detainee may be denied recreation each week as part of the reviews required privileges only with the facility for all detainees in SMU status. administrator’s written authorization, documenting why the detainee poses an 5. In accordance with SMU procedures, and unreasonable risk even when recreating using the forms required in standard “2.12 alone; however, when necessary to control Special Management Units,” the an immediate situation for reasons of reviewer(s) shall state, in writing, whether safety and security, SMU staff may deny the detainee continues to pose a threat to an instance of recreation, upon verbal self, others, or facility security and, if so, approval from the shift supervisor, and why. shall document the reasons in the unit 6. Denial of recreation privileges for more logbook(s). The supervisor may also than seven days requires the concurrence require additional written documentation of the facility administrator and a health for the facility administrator. When a care professional. It is expected that such detainee in an SMU is deprived of denials shall rarely occur and only in recreation (or any usual authorized items extreme circumstances. or activity), a written report of the action shall be forwarded to the facility 7. The facility shall notify the ICE/ERO administrator. Denial of recreation must Field Office Director in writing when a be evaluated daily by a shift supervisor. detainee is denied recreation privileges in excess of seven days. 2. A detainee in disciplinary segregation may temporarily lose recreation privileges F. Other Programs and Activities upon a disciplinary panel’s written ** Facilities operating at the optimal level determination that he/she poses an shall offer access to reading materials, unreasonable risk to the facility, through libraries with regular hours, book

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carts or other means. Reading materials in A volunteer group may provide a special English, Spanish and, if practicable, other recreational or educational program, languages, should be made available. consistent with security considerations, availability of detention personnel to ** Facilities shall offer other programmatic supervise participating detainees, and activities, such as: sufficient advance notification to the facility 1. educational classes or speakers; administrator. 2. sobriety programs such as alcoholics Standard “5.7 Visitation” details anonymous; and requirements that must be met for a 3. other organized activities or recreational volunteer to be approved to visit with or programs. provide religious activities for detainees. G. Volunteer Program Involvement

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5.5 Religious Practices The expected outcomes of this detention standard are as follows (specific I. Purpose and Scope requirements are defined in “V. Expected Practices”): This detention standard ensures that detainees of different religious beliefs are 1. Detainees shall have regular opportunities provided reasonable and equitable to participate in practices of their religious opportunities to participate in the practices faiths, limited only by a documented of their respective faiths, constrained only by threat to the safety of persons involved in concerns about safety, security and the such activity itself or disruption of order orderly operation of the facility. in the facility; This detention standard applies to the 2. All religions represented in a detainee following types of facilities housing ERO population shall have equal status detainees: without discrimination based on any detainee’s race, ethnicity, religion, x Service Processing Centers (SPCs); national origin, gender, sexual orientation x Contract Detention Facilities (CDFs); or disability; and 3. Each facility’s religious program shall be x State or local government facilities used planned, administered and coordinated in by ERO through Intergovernmental an organized and orderly manner; Service Agreements (IGSAs) to hold 4. Adequate space, equipment and staff detainees for more than 72 hours. (including security and clerical) shall be Procedures in italics are specifically required provided for in order to conduct and for SPCs, CDFs, and Dedicated IGSA administer religious programs; facilities. Non-dedicated IGSA facilities 5. The chaplain or religious services must conform to these procedures or adopt, coordinator will make documented efforts adapt or establish alternatives, provided to recruit external clergy or religious they meet or exceed the intent represented service providers to provide services to by these procedures. adherents of faith traditions not directly For all types of facilities, procedures that represented by chaplaincy or religious appear in italics with a marked (**) on the services provider staff. Detainees are page indicate optimum levels of compliance encouraged to provide information about for this standard. local religious providers; Various terms used in this standard may be 6. Each facility’s religious program shall be defined in standard “7.5 Definitions.” augmented and enhanced by community clergy, contractors, volunteers and groups II. Expected Outcomes who provide individual and group assembly religious services and 5.5 | Religious Practices 348 PBNDS 2011 (As Modified by February 2013 Errata)

counseling; IV. References 7. Detainees in Special Management Units American Correctional Association, (SMUs) and hospital units shall have Performance-based Standards for Adult access to religious activities and practices Local Detention Facilities, 4th Edition: 4­ to the extent compatible with security and ALDF-5C-17, 5C-18, 5C-19, 5C-20, 5C-21, medical requirements; 5C-22, 5C-23, 5C-24, 2A-66, 4A-10, 6B-02, 8. Special diets shall be provided for 6B-05, 7B-03, 7F-04. detainees whose religious beliefs require ICE/ERO Performance-based National adherence to religious dietary laws; and Detention Standards 2011: 9. Detainees shall be provided information x “4.1 Food Service”; and about religious programs at the facility, including how to contact the chaplain or x “5.7 Visitation.” religious services coordinator, how to The Religious Freedom Restoration Act of request visits or services by other religious 1993 (RFRA), 42 U.S.C. § 2000bb et seq. services providers, how to request Religious Land Use and Institutionalized religious diets and how to access religious Persons Act of 2000 (RLUIPA), 42 U.S.C. § property and headwear as part of the 2000cc et seq. facility’s admission and orientation program in a language or manner the V. Expected Practices detainee can understand. A. Religious Opportunities and Limitations All written materials provided to detainees shall generally be translated 1. Detainees shall have opportunities to into Spanish. Where practicable, engage in practices of their religious faith provisions for written translation shall be consistent with safety, security and the made for other significant segments of the orderly operation of the facility. Religious population with limited English practices to be accommodated are not proficiency. limited to practices that are compulsory, central or essential to a particular faith Oral interpretation or assistance shall be tradition, but cover all sincerely held provided to any detainee who speaks religious beliefs. Attendance at all another language in which written religious activities is voluntary. material has not been translated or who is illiterate. Efforts shall be made to allow for religious practice in a manner that does not III. Standards Affected adversely affect detainees not participating in the practice. Detainees This detention standard replaces “Religious cannot be required to participate in or Practices” dated 12/2/2008. attend a religious activity in order to

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receive a service of the facility or to religious activities, facilities or meals, a participate in other, non-religious copy of the request and response to the activities. Chaplains, religious services request shall be placed in the detention coordinators and volunteers shall not file. provide unsolicited religious services or B. Religious Preferences counseling to detainees. Each detainee shall designate any religious 2. Religious activities shall be open to the preference, or none, during in processing. entire detainee population, without Staff, contractors and volunteers may not discrimination based on a detainee’s race, disparage the religious beliefs of a detainee, ethnicity, religion, national origin, gender, nor coerce or harass a detainee to change sexual orientation or disability. religious affiliation. Accommodations shall be provided to A detainee may request to change his/her detainees who have limited English religious preference designation at any time Proficiency, or who are deaf or hard of by notifying the chaplain, religious services hearing, to ensure their access to services coordinator or other designated individual in should they wish to participate. writing, and the change shall be effected in a 3. When necessary for the security or the timely fashion. orderly operation of the facility, the In the interest of maintaining the security facility administrator may discontinue a and orderly running of the facility and to religious activity or practice or limit prevent abuse or disrespect by detainees of participation to a reasonable number of religious practice or observance, the chaplain detainees or to members of a particular or religious services coordinator shall religious group after consulting with the monitor patterns of changes in declarations chaplain or religious services coordinator. of religious preference. Facility records shall reflect the limitation or discontinuance of a religious practice, In determining whether to allow a detainee as well as the reason for such limitation or to participate in specific religious activities, discontinuance. staff may refer to the initial religious preference information and any subsequent 4. Ordinarily, when the nature of the changes in the detainee’s religious activity or practice (e.g., fasts, ceremonial designation. Detainees whose files show “No meals, headwear requirements, work Preference” may be restricted from proscriptions) indicates a need for such a participation in those activities deemed limitation, only those detainees whose appropriate for members only. files reflect the pertinent religious preference shall be included. C. Chaplains or Other Religious Services Coordinators 5. When a detainee submits a request concerning the reason for denial of access The facility administrator shall designate a

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staff member, contractor or volunteer to pastoral care and counseling from external manage and coordinate religious activities clergy and religious service providers. The for detainees. Ordinarily, that person shall chaplain may, for the purpose of informed be the facility chaplain, who shall, in decision-making, ask a detainee to explain cooperation with the facility administrator special or unfamiliar requests. and staff, plan, direct and supervise all If the facility has a religious services aspects of the religious program, including coordinator rather than a chaplain, the approval and training of both lay and clergy coordinator shall have the necessary training volunteers from faiths represented in the to connect detainees with a broad range of detainee population. The facility religious services and be prepared to arrange administrator shall provide non-detainee religious services for multiple faith traditions clerical staff support for confidential and connect incoming detainees with materials. resources and services specific to the The chaplain or other religious services detainee’s particular faith. coordinator, regardless of his/her specific The term “individual services” includes religious affiliation, shall have basic counseling services provided to individual knowledge of different religions and shall detainees or members of their families in ensure equal status and protection for all personal crisis and family emergency religions. situations. The chaplain or other religious services D. Schedules and Facilities coordinator shall have physical access to all areas of the facility to serve detainees. All facilities shall designate adequate space for religious activities. A chaplain shall have a minimum qualification of clinical pastoral education or This designated space must be sufficient to specialized training, and endorsement by the accommodate the needs of all religious appropriate religious-certifying body. In lieu groups in the detainee population fairly and of these, the facility administrator may equitably and the general area shall include accept adequate documentation of recognized office space for the chaplain, storage space religious or ministerial position in the faith for items used in religious programs, and community. proximity to lavatory facilities for staff and volunteers. The chaplain shall be available to provide pastoral care and counseling to detainees Religious service areas shall be maintained who request it, both through group programs in a neutral fashion suitable for use by and individual services. Detainees who various faith groups. belong to a religious faith different from that The chaplain or religious services of the chaplain or religious services provider coordinator shall schedule and direct the staff may, if they prefer, have access to facility’s religious activities, and current

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program schedules shall be posted on all unit deliver, and may secure the assistance and and detainee bulletin boards in languages services of volunteers. understood by a majority of detainees. “Representatives of faith groups” includes When scheduling approved religious both clergy and spiritual advisors. All activities, chaplains or religious services contractual representatives of detainee faith coordinator must consider both the groups shall be afforded the same status and availability of staff supervision and the need treatment to assist detainees in observing to allot time and space equitably among their religious beliefs, unless the security different groups. The chaplain or religious and orderly operation of the facility warrant services coordinator shall not ordinarily otherwise. schedule religious services to conflict with Standard “5.7 Visitation” details meal times. requirements that must be met for a If outdoor recreation is available at the volunteer to be approved to visit with and/or facility, detainees shall have opportunities provide religious activities for detainees, for outside worship, prayer and meditation, including advance notice, identification, a which shall be provided in a manner that background check, an orientation to the does not conflict with meal times. facility and a written agreement to comply E. Contractors and Volunteers with applicable rules and procedures. Visits from religious personnel shall not count All facilities shall have procedures so that against a detainee’s visitor quota. Provided clergy, contractors, volunteers and they meet established security requirements community groups may provide individual for entrance into the facility, religious and group assembly religious services and services providers’ interpreters shall be counseling that augment and enhance the allowed to accompany the religious services religious program. When recruiting citizen provider within the facility. volunteers, the chaplain or religious services The facility administrator or designee coordinator and other staff shall be cognizant (ordinarily the chaplain) may require a of the need for representation from all recognized representative of a faith group to cultural and socioeconomic parts of the verify the religious credentials of contractors community. Each facility shall provide or volunteers prior to approving their entry security, including staff escorts, to allow into the facility. such individuals and groups facility access for sanctioned religious activities. Detainees who are members of faiths not represented by clergy may conduct their own The chaplain or religious services services, provided these do not interfere with coordinator may contract with facility operations. representatives of faith groups in the community to provide specific religious F. Pastoral Visits services that he/she cannot personally

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If requested by a detainee, the chaplain or operation of the facility. religious services coordinator or designee If the representative of the faith group is a shall facilitate arrangements for pastoral volunteer, he/she shall at all times be visits by a clergyperson or representative of escorted in an SMU. the detainee’s faith. H. Introduction of New or Unfamiliar The chaplain or religious services Religious Components coordinator may request documentation of the person’s religious credentials, as well as If a detainee requests the introduction of a a criminal background check. new or unfamiliar religious practice, the chaplain or religious services coordinator Pastoral visits shall ordinarily take place in may ask the detainee to provide additional a private visiting room during regular information to use in deciding whether to visiting hours. Accommodation may be made include the practice. in the legal visitation area when available. G. Detainees in Special Management Detainees may make a request for the introduction of a new component to the (SMU) and Hospital Units Religious Services program (e.g., schedule, Detainees in an SMU (e.g., administrative, meeting time and space, religious items and disciplinary or protective custody) or hospital attire) to the chaplain or religious services unit shall be permitted to participate in coordinator. The chaplain or religious religious practices, consistent with the services coordinator may ask the detainee to safety, security and orderly operation of the provide additional information to use in facility. deciding whether to include the practice. Ordinarily, the process shall require up to 30 Detainees in an SMU or hospital unit shall business days for completion. have regular access to the chaplain or other religious services provider staff. The The chaplain or religious services chaplain or other religious services provider coordinator shall research the request and staff shall provide pastoral care in SMUs and make recommendations to the facility hospital units weekly at minimum. administrator, who shall add his/her own recommendations and forward them to the Detainees of any faith tradition may respective Field Office Director for approval. ordinarily have access to official Such decisions are subject to the facility’s representatives of their faith groups while requirement to maintain a safe, secure and housed in SMUs or hospital units, by orderly facility, and the availability of staff requesting such visits through the chaplain for supervision. The Field Office Director or other religious service coordinator. shall forward the final decision to the facility Requests shall be accommodated consistent administrator, and the chaplain or religious with the terms of the representative’s services coordinator shall communicate the contract and the security and orderly decision to the detainee.

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I. Religious Holy Days phylacteries, medicine pouches and religious medallions. Such items are part of a Each facility shall have in place written detainee’s personal property and are subject policy and procedures to facilitate detainee to normal considerations of safety, security observance of important holy days, and orderly operation of the facility. consistent with the safety, security and orderly operation of the facility, and the As is consistent with the safety, security and chaplain or religious services coordinator orderly operation of the facility, the facility shall work with detainees to accommodate administrator shall ordinarily allow a proper observances. detainee to wear or use personal religious items during religious services, ceremonies The facility administrator shall facilitate the and meetings in the chapel, and may, upon observance of important religious holy days request of a detainee, allow a detainee to that involve special fasts, dietary regulations, wear or use certain religious items worship or work proscription. When the throughout the facility. facility administrator, chaplain or religious services provider is unfamiliar with the Items of religious wearing apparel include, requested observance, the facility but are not limited to: administrator may direct the chaplain or 1. prayer shawls and robes; religious services coordinator to consult with 2. kurda or ribbon shirts; community representatives of the detainee’s faith group and other appropriate sources. 3. medals and pendants; J. Religious Property and Personal Care 4. beads; and

Each facility administrator shall allow 5. various types of headwear. detainees to have access to personal religious “Appendix 5.5.A: Religious Headwear, property, consistent with the safety, security Garments and Other Religious Property” and orderly operation of the facility. If provides examples of acceptable religious necessary, the religious significance of such headwear, garments and other religious items shall be verified by the chaplain prior property. There may be circumstances in to facility administrator approval. The which it is not advisable to permit the use of facility administrator may also direct the these items in a facility. Nothing in these chaplain or religious services coordinator to guidelines is intended to prevent facilities obtain information and advice from from making individualized decisions based representatives of the detainee’s faith group on the need to maintain good order and the or other appropriate sources, about the safety of detainees and staff. Any denial and religious significance of the items. the reason for it shall be documented and Detainee religious property includes, but is placed in the alien’s detention file. not limited to, holy books, rosaries and Religious headwear, notably kufis, prayer beads, oils, prayer rugs, prayer rocks,

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yarmulkes, turbans, crowns and headbands, religious diet (“common fare”) program may as well as scarves and head wraps for initiate the “Authorization for Common Fare Orthodox Christian, Muslim and Jewish Participation” form that is attached to women are permitted in all areas of the standard “4.1 Food Service.” That standard facility, subject to the normal considerations also details the circumstances under which a of the safety, security and orderly operation detainee may be removed from a special of the facility, including inspection by staff. religious diet because he/she has failed to Religious headwear and other religious observe those dietary restrictions. property shall be handled with respect at all “Common fare” refers to a no-flesh protein times, including during the in-take process. option provided whenever an entrée Consistent with safety, security and the containing flesh is offered as part of a meal. orderly operation of the facility, the facility Likewise, a “common fare” meal offers shall not cut or shave religiously significant vegetables, starches and other foods that are hair. not seasoned with flesh. The diet is designed A detainee who wishes to have religious as the foundation from which modifications books, magazines or periodicals must comply can be made to accommodate the religious with the facility’s general rules for ordering, diets of various faiths. Modifications to the purchasing, retaining and accumulating standard common fare menu may be made to personal property. Religious literature is meet the requirements of various faith permitted in accordance with the procedures groups (e.g. for the inclusion of kosher and/or governing incoming publications. halal flesh-food options). Distribution to detainees of religious When there is any question about whether a literature purchased by or donated to requested diet is nutritious or may pose a ICE/ERO is contingent upon approval from threat to health, the chaplain or religious the chaplain or religious services services coordinator shall consult with the coordinator. medical department. K. Dietary Requirements L. Religious Fasts

When a detainee’s religion requires special The chaplain or religious services coordinator food services, daily or during certain holy shall develop the religious fast schedule for days or periods that involve fasting, the calendar year and shall provide it to the restricted diets, etc., staff shall make all facility administrator or designee. There are reasonable efforts to accommodate those generally two different types of fasts: a public requirements (e.g., by modifying the fast and a private or personal fast. detainee’s menus to exclude certain foods or When detainees observe a public fast that is food combinations or providing the detainee’s mandated by law or custom for all the faith meals at unusual hours). adherents (e.g., Ramadan, Lent, Yom A detainee who wants to participate in the Kippur), the facility shall provide a meal

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nutritionally equivalent to the meal(s) 1. Only a small amount of wine for clergy missed. Public fasts usually begin and end at members and that which is necessary to specific times. perform religious ceremonies or services shall be permitted in the facility. When a detainee fasts for personal religious reasons, no special accommodations need to 2. All wine brought into the facility shall be be made for the meal(s) missed. Requests for secured in an appropriate area by staff meals after a personal fast shall be prior to the religious ceremony or service determined by the facility administrator on a for which the wine is needed. case-by case basis. 3. Following the religious ceremony or M. Work Assignments service, unused portions of wine shall be immediately discarded, stored in a secure Detainees who have voluntary work area, or removed from the facility. assignments shall not be compelled to work on their religious holy days. O. Death or Serious Illness of Family N. Religious Use of Wine Members

Religious use of wine by clergy members is The facility administrator will establish generally permitted when mandated by the procedures to involve the chaplain or particular faith and pursuant to strict religious services coordinator in notifying controls and supervision, to include the detainees of serious illness or death of their following provisions: family members.

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Appendix 5.5.A: Religious religious services coordinator, in consultation with community representatives of the Headwear, Garments and Other detainee’s faith group and other appropriate Religious Property sources, when necessary, shall ensure that the facility restrictions on color, size, or other The following are examples of generally features of religious headwear are acceptable religious headwear, garments and appropriate and meet the needs of the other religious property/articles of faith. respective faith traditions. There may be circumstances in which it is not advisable to permit the use of these B. Religious Garments items in a facility. Nothing in these Examples of religious attire and garments guidelines is intended to prevent facilities include but are not limited to: from making individualized decisions based x Scarves and headwraps (hijabs) on the need to maintain good order and the (Jewish, Muslim, Rastafarian, Orthodox safety of detainees and staff. Any denial of Christian; worn by women). These may accommodation and the reason for it shall be be black, white or off-white. documented and placed in the alien’s detention file. x Jumper dresses may be worn by women A. Religious Headwear who wear loose-fitting clothing for the sake of modesty as consistent with their Examples of religious headwear include: religious beliefs. x yarmulke (Jewish) x Kachhehra (soldier’s shorts) (Sikh men) x kufi (Muslim) x Prayer shawls and robes x hijab (Muslim; worn by women) x Kurda or ribbon shirts during x crown (Rastafarian) ceremonial use x turban (Sikh) C. Religious Property and Articles of Faith Facilities may restrict the color, size or other Examples of religious property and articles features of religious headwear, as necessary of faith include but are not limited to: to maintain the safety, security and the x Holy books: Examples include but are orderly operation of the facility. Where not limited to: the Bible (Christian); the facilities restrict the color, size, or other Koran (Muslim); and the Torah features of religious headwear, and the (Jewish). Holy books are permitted in detainee’s personal religious headwear does accordance with the facility’s general not conform to the standard, the facility rules relating to retention of personal must ensure that detainees are provided property and incoming publications, conforming religious headwear for free or at such as types of binding permitted. a de minimums cost. The chaplain or

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x Kara (steel bracelet) (Sikh) may be x Rosaries and prayer beads. permitted during meal times and under x Oils. other limited circumstances depending on the size, weight and appearance of x Prayer rugs. the Kara and in light of security x Prayer rocks. considerations. For example, a plain, x Phylacteries. light-weight and non-decorative Kara is generally appropriate for low and x Religious medallions and pendants. medium security detainees.

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5.6 Telephone Access The expected outcomes of this detention standard are as follows (specific I. Purpose and Scope requirements are defined in “V. Expected Practices”). This detention standard ensures that detainees may maintain ties with their 1. Detainees shall have reasonable and families and others in the community, legal equitable access to reasonably priced representatives, consulates, courts and telephone services. government agencies by providing them 2. Detainees with hearing or speech reasonable and equitable access to telephone disabilities shall be granted reasonable services. accommodations to allow for appropriate This detention standard applies to the telephone services. following types of facilities housing ERO 3. Detainees in Special Management Units detainees: (SMU) shall have access to telephones, x Service Processing Centers (SPCs); commensurate with facility security and good order. x Contract Detention Facilities (CDFs); and 4. Detainees and their legal counsel shall be able to communicate effectively with each x State or local government facilities used other. by ERO through Intergovernmental Service Agreements (IGSAs) to hold 5. Privacy for detainee telephone calls detainees for more than 72 hours. regarding legal matters shall be ensured. Procedures in italics are specifically required 6. Telephone access procedures shall foster for SPCs, CDFs, and Dedicated IGSA legal access and confidential facilities. Non-dedicated IGSA facilities communications with attorneys. must conform to these procedures or adopt, 7. Detainees shall be able to make free calls adapt or establish alternatives, provided to the ICE/ERO-provided list of free legal they meet or exceed the intent represented service providers for the purpose of by these procedures. obtaining initial legal representation, to For all types of facilities, procedures that consular officials, to the Department of appear in italics with a marked (**) on the Homeland Security (DHS) Office of the page indicate optimum levels of compliance Inspector General (OIG), and to the ICE for this standard. Office of Professional Responsibility (OPR) Joint Intake Center (JIC). Indigent Various terms used in this standard may be detainees, who are representing defined in standard “7.5 Definitions.” themselves pro se, shall be permitted free II. Expected Outcomes calls on an as-needed basis to family or other individuals assisting with the

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detainee’s immigration proceedings. Detainee Communication,” in regard to 8. Telephones shall be maintained in proper monitoring and documenting telephone working order. serviceability. 9. Facilities shall strive to reduce telephone V. Expected Practices costs, including through the use of A. Telephones and Telephone Services emerging telecommunications, voiceover and Internet protocol technologies. 1. Number 10. The applicable content and procedures To ensure sufficient access, each facility shall in this standard shall be communicated to provide at least one operable telephone for the detainee in a language or manner the every 25 detainees. detainee can understand. **Facilities shall be operating at the optimal All written materials provided to level when at least one telephone is provided detainees shall generally be translated for every ten (10) detainees. into Spanish. Where practicable, 2. Cost provisions for written translation shall be Generally, detainees or the persons they call made for other significant segments of the shall be responsible for the costs of telephone population with limited English calls; required exceptions are listed below. proficiency. Each facility shall provide detainees with Oral interpretation or assistance shall be access to reasonably priced telephone provided to any detainee who speaks services. Contracts for such services shall another language in which written comply with all applicable state and federal material has not been translated or who is regulations and be based on rates and illiterate. surcharges comparable to those charged to III. Standards Affected the general public. Any variations shall reflect actual costs associated with the This detention standard replaces “Telephone provision of services in a detention setting. Access” dated 12/2/2008. Contracts shall also provide the broadest IV. References range of calling options including, but not limited to, international calling, calling cards American Correctional Association, and collect telephone calls, determined by the Performance-based Standards for Adult facility administrator to be consistent with Local Detention Facilities, 4th Edition: 4­ the requirements of sound detention facility ALDF-2A-65, 2A-66, 5B-11, 5B-12, 6a-02, management. Facilities shall post a list of 6A-09. card and calling rates in each housing unit. ICE/ERO Performance-based National Facility administrators are encouraged to Detention Standards 2011: “2.13 Staff- explore the use of new technologies which can

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facilitate the provision of cost effective means call platform. Any identified problems for enhancing detainees’ ability to must immediately be logged and reported communicate by telephone, such as, and not to the appropriate facility and ICE/ERO limited to, wireless and/or internet staff. ICE/ERO staff shall review and communications. follow up on problems reported by 3. Maintenance detainees and others. Each facility shall maintain detainee B. Monitoring of Detainee Telephone Calls telephones in proper working order. Each facility shall have a written policy on Designated facility staff shall inspect the the monitoring of detainee telephone calls. If telephones daily, promptly report out-of­ telephone calls are monitored, the facility order telephones to the repair service so that shall: required repairs are completed quickly. This 1. include a recorded message on its phone information shall be logged and maintained system stating that all telephone calls are by each Field Office. Facility staff shall subject to monitoring; notify detainees and the ICE/ERO free legal service providers of procedures for reporting 2. notify detainees in the detainee handbook, problems with telephones. or equivalent, provided upon admission; an ICE/ERO headquarters shall maintain and provide Field Offices a list of telephone 3. at each monitored telephone, place a numbers for current free legal service notice that states the following: providers, consulates and the Department of a. that detainee calls are subject to Homeland Security’s (DHS) Office of the monitoring; and Inspector General (OIG), as determined by

ICE. All Field Offices are responsible for b. the procedure for obtaining an ensuring facilities which house ICE detainees unmonitored call to a court, a legal under their jurisdiction are provided with representative or for the purposes of current pro bono legal service information. obtaining legal representation. 4. Monitoring Detainee Telephone Services ICE/ERO and the facility shall coordinate in posting the notice in Spanish and in the a. Facility Staff Requirements language of significant segments of the Facility staff members are responsible for population with limited English proficiency, ensuring on a daily basis that telephone where practicable. systems are operational and that the free telephone number list is posted. After A detainee’s call to a court, a legal ensuring that each phone has a dial tone, representative, DHS OIG, DHS Civil Rights when testing equipment the officers must and Civil Liberties (CRCL) or for the be able to demonstrate that an individual purposes of obtaining legal representation, has the ability to make calls using the free may not be electronically monitored without

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a court order. telephone demand, rules and procedures may C. Detainee Notification include, but are not limited to, reasonable limitations on the duration and the number Each facility shall provide telephone access of calls per detainee, the use of rules in writing to each detainee upon predetermined time-blocks and institution of admission, and also shall post these rules an advanced sign-up system. where detainees may easily see them. 2. Orderly Facility Operations ICE/ERO and the facility shall coordinate in posting these rules where practicable in Calls may be restricted or limited if Spanish and in the language of significant necessary to prevent interference with segments of the population with limited counts, meals, scheduled detainee English proficiency. movements, court schedules, or other events constituting the orderly operation of the Telephone access hours shall also be posted. facility. Updated telephone and consulate lists shall be posted in detainee housing units. 3. Emergencies Translation and interpretation services shall Telephone access and use may be limited in be provided as needed. the event of escapes, escape attempts, D. Detainee Access disturbances, fires, power outages, etc. Telephone privileges may be suspended Each facility administrator shall establish entirely during an emergency, but only with and oversee rules and procedures that the authorization of the facility provide detainees reasonable and equitable administrator or designee and only for the access to telephones during established briefest period necessary under the facility “waking hours” (excluding the hours circumstances. If suspension of telephone between lights-out and the morning access exceeds 12 hours, ICE/ERO should be resumption of scheduled activities). notified. Telephones shall be located in parts of the E. Direct or Free Calls facility that are accessible to detainees. Telephone access hours shall be posted near Even if telephone service is generally limited the telephones. to collect calls, each facility shall permit Each facility shall provide detainees access detainees to make direct or free calls to the to international telephone service. offices and individuals listed below. The Field Office Director shall ensure that all Ordinarily, a facility may restrict the information is kept current and is provided number and duration of general telephone to each facility. Updated lists need to be calls only for the following reasons. posted in the detainee housing units. A 1. Availability facility may place reasonable restrictions on When required by the volume of detainee the hours, frequency and duration of such direct and/or free calls, but may not limit a 5.6 | Telephone Access 362 PBNDS 2011 (As Modified by February 2013 Errata)

detainee’s attempt to obtain legal 1. Request Forms representation. Full telephone access shall Free and direct calls shall be easily be granted in order for a detainee to contact accessible. If detainees are required to the following: complete request forms to make direct or free x the Executive Office for Immigration calls, facility staff must assist them as Review or local immigration court; needed, especially illiterate or non-English speaking detainees. The detainees should x the Board of Immigration Appeals; also be permitted to seek assistance from x federal and state courts where the their legal representatives, family, or other detainee is or may become involved in a detainees. legal proceeding; 2. Time Requirements x consular officials; Staff shall allow detainees to make such calls x DHS/OIG; as soon as possible after submission of x legal representatives, to obtain legal requests, factoring in the urgency stated by representation, or for consultation when the detainee. Access shall be granted within subject to expedited removal (when a 24 hours of the request, and ordinarily detainee is under an expedited removal within eight facility-established “waking order, his/her ability to contact pro bono hours.” Staff must document and report to legal representatives shall not be ICE/ERO any incident of delay beyond eight restricted); “waking hours.” 3. Indigent Detainees x legal service providers or organizations listed on the ICE/ERO free legal service Ordinarily, a detainee is considered provider list; “indigent” if he/she has less than $15.00 in his/her account for ten (10) days. A facility x United Nations High Commissioner for shall make a timely effort to determine Refugees (UNHCR), from asylum- indigence. seekers and stateless individuals; Indigent detainees are afforded the same x federal, state or local government offices telephone access and privileges as other to obtain documents relevant to his/her detainees. Each facility shall enable all immigration case; detainees to make calls to the ICE/ERO­ x immediate family or others for provided list of free legal service providers detainees in personal or family and consulates at no charge to the detainee emergencies or who otherwise or the receiving party. The indigent detainee demonstrate a compelling need (to be may request a call to immediate family or interpreted liberally); or others in personal or family emergencies or x ICE/OPR Joint Intake Center (JIC). on an as-needed basis. 4. Phone System Limitations 5.6 | Telephone Access 363 PBNDS 2011 (As Modified by February 2013 Errata)

If the limitations of an existing phone system detainees. Absent a court order, staff may preclude meeting these requirements, the not monitor phone calls made in reference to facility administrator must notify ICE/ERO legal matters. so that a means of telephone access may be The facility shall inform detainees to contact provided. an officer if they have difficulty making a SPCs, CDFs, and dedicated IGSAs shall confidential call relating to a legal require its telephone service providers to proceeding. If notified of such a difficulty, the program and keep current, the telephone officer shall take measures to ensure that the system to permit detainees free calls to call can be made confidentially. numbers on the official pro bono legal Privacy may be provided in a number of representation list and to consulates. Other ways, including: facilities shall adopt equivalent procedures. a. telephones with privacy panels (side F. Legal Calls partitions) that extend at least 18 inches 1. Restrictions to prevent conversations from being overheard; A facility may neither restrict the number of calls a detainee places to his/her legal b. telephones placed where conversations representatives, nor limit the duration of may not be readily overheard by others; or such calls by rule or automatic cut-off, unless c. office telephones on which detainees may necessary for security purposes or to be permitted to make such calls; and maintain orderly and fair access to telephones. If time limits are necessary for d. detainees shall be supervised within such calls, they shall be no shorter than 20 eyeshot, but out of earshot minutes, and the detainee shall be allowed to G. Telephone Access for Detainees with continue the call at the first available Disabilities opportunity, if desired. The facility shall provide a TTY device or A facility may place reasonable restrictions Accessible Telephone (telephones equipped on the hours, frequency and duration of such with volume control and telephones that are direct and/or free calls but may not otherwise hearing-aid compatible for detainees who are limit a detainee’s attempt to obtain legal deaf or hard of hearing). Detainees who are representation. deaf or hard of hearing shall be provided 2. Privacy access to the TTY on the same terms as For detainee telephone calls regarding legal hearing detainees are provided access to matters, each facility shall ensure privacy by telephones. Except to the extent that there providing a reasonable number of telephones are time limitations, detainees using the on which detainees can make such calls TTY shall be granted additional time, without being overheard by staff or other consistent with the safety, security and good order of the facility. 5.6 | Telephone Access 364 PBNDS 2011 (As Modified by February 2013 Errata)

If an Accessible Telephone or TTY is not x For the safety, security and good order available in the same location as telephones of the facility. used by other detainees, detainees shall be In such instances, staff must clearly allotted additional time to walk to and from document why such restrictions are the Accessible Telephone or TTY location. necessary to preserve the safety, security Consistent with the order and safety of the and good order of the facility in the facility, the facility shall ensure that the appropriate SMU log. Detainees and their privacy of telephone calls by detainees using legal counsel shall nevertheless be Accessible Telephones or TTY is the same as accommodated in order for them to be able to other detainees using telephones. communicate effectively with each other. **The facility permits detainees with Telephone access for legal calls, courts, disabilities the opportunity to submit government offices (including the DHS OIG requests for the auxiliary aid of their and the DHS JIC) and embassies or preference, if unavailable at the facility. consulates shall not be denied. Where practicable, and consistent with 1. Administrative Segregation the order and safety of the facility, the Generally, detainees in administrative facility provides for use of such other equipment, such as video relay and video segregation should receive the same privileges available to detainees in the phones for detainees who are deaf or hard of hearing. general population, subject to any existing safety and security considerations. This Accommodations shall also be made for requirement applies to a detainee in detainees with speech disabilities. Administrative Segregation pending a H. Telephone Privileges in Special hearing because he/she has been charged Management Units (SMU) with a rule violation, as well as a detainee in Administrative Segregation for other than While there are differences in telephone disciplinary reasons, such as protective access in SMU, depending on whether a custody or suicide risk. detainee is in Administrative Segregation or 2. Disciplinary Segregation Disciplinary Segregation, in general a detainee in either status may be reasonably Detainees in Disciplinary Segregation may restricted from using or having access to a be restricted from using telephones to make phone for the following reasons. general calls as part of the disciplinary process. Even in Disciplinary Segregation, x If that access is used for criminal however, detainees shall have some access purposes or would endanger any person, for special purposes. Ordinarily, staff shall including that detainee. permit detainees in Disciplinary Segregation x If the detainee damages the equipment to make direct and/or free and legal calls as provided. previously described in above in sections V.E

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and V.F, except in the event of compelling discuss legal matters and shall afford the and documented reasons of threats to the detainee privacy to the extent practicable, safety, security and good order of the facility. while maintaining adequate security. I. Inter-facility Telephone Calls J. Incoming Calls

Upon a detainee’s request, facility staff shall The facility shall take and deliver telephone make special arrangements to permit the messages to detainees as promptly as detainee to speak by telephone with an possible. immediate family member detained in When facility staff receives an emergency another facility. Immediate family members telephone call for a detainee, the caller’s include spouses, common-law spouses, name and telephone number shall be parents, stepparents, foster parents, obtained and promptly given to the detainee. brothers, sisters, natural or adopted children The detainee shall be permitted to promptly and stepchildren. return an emergency call at their own cost Reasonable limitations may be placed on the within the constraints of security and safety. frequency and duration of such calls. Facility The facility shall enable indigent detainees staff shall liberally grant such requests to to make a free return emergency call.

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5.7 Visitation Tours.” Conjugal visits for ICE/ERO detainees are I. Purpose and Scope prohibited. This detention standard ensures that II. Expected Outcomes detainees shall be able to maintain morale and ties through visitation with their The expected outcomes of this detention families, the community, legal standard are as follows (specific representatives and consular officials, within requirements are defined in “V. Expected the constraints of the safety, security and Practices”). good order of the facility. 1. Facilities are encouraged to allow This detention standard applies to the detainees to maintain ties to their family following types of facilities housing ERO and friends in the community. Detainees detainees: shall be able to receive visits from legal representatives, consular officials and x Service Processing Centers (SPCs); others in the community. x Contract Detention Facilities (CDFs); 2. Visits between legal representatives and and assistants and an individual detainee are x State or local government facilities used confidential and shall not be subject to by ERO through Intergovernmental auditory supervision. Private consultation Service Agreements (IGSAs) to hold rooms shall be available for such detainees for more than 72 hours. meetings. Procedures in italics are specifically required 3. Detainees shall be advised of their right to for SPCs, CDFs, and Dedicated IGSA contact their consular representatives and facilities. Non-dedicated IGSA facilities receive visits from their consulate officers. must conform to these procedures or adopt, 4. Facilities are encouraged to provide adapt or establish alternatives, provided opportunities for both contact and non- they meet or exceed the intent represented contact visitation with approved visitors by these procedures. during both day and evening hours. For all types of facilities, procedures that 5. Information about visiting policies and appear in italics with a marked (**) on the procedures shall be readily available to page indicate optimum levels of compliance the public. for this standard. 6. The number of visitors a detainee may Various terms used in this standard may be receive and the length of visits shall be defined in standard “7.5 Definitions.” limited only by reasonable constraints of News media interviews and tours are space, scheduling, staff availability, outlined in standard “7.2 Interviews and safety, security and good order. Generally

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visits should be for the maximum period III. Standards Affected practicable but not less than one hour with special consideration given to family This detention standard replaces “Visitation” circumstances and individuals who have dated 12/2/2008. traveled long distances. IV. References 7. Visitors shall be screened and approved American Correctional Association, upon arrival and shall be required to Performance-based Standards for Adult adequately identify themselves and Local Detention Facilities, 4th Edition: 4­ register to be admitted into a facility, so ALDF: 5B-01, 5B-02, 5B-03, 5B-04, 2A-21, that safety, security and good order can be 2A-27, 2A-61, 6A-06, 7B-03, 7C-02, 7F-05, maintained. 7F-06. 8. A background check shall be conducted on ICE/ERO Performance-based National all new volunteers prior to their being Detention Standards 2011: approved to provide services to detainees. x “2.10 Searches of Detainees”; 9. Each new volunteer shall complete an appropriate, documented orientation x “3.1 Disciplinary System”; and program and sign an acknowledgement of x “7.2 Interviews and Tours.” his or her understanding of the applicable rules and procedures and agreement to V. Expected Practices comply with them. A. Overview 10. The applicable content and procedures in Facilities that house ICE/ERO detainees this standard shall be communicated to shall provide visiting procedures for the detainee in a language or manner the detainees to maintain communication with detainee can understand. persons in the community. Safety, security All written materials provided to and good order are always primary detainees shall generally be translated considerations in a detention facility, and into Spanish. Where practicable, visitors must be properly identified and provisions for written translation shall be attired and are subject to search upon made for other significant segments of the entering the facility and at any other time. population with limited English Except as otherwise permitted herein, proficiency. visitors may not give anything directly to a Oral interpretation or assistance shall be detainee, although it may be permissible for provided to any detainee who speaks visitors to leave certain items and funds for a another language in which written detainee with a staff member, at the material has not been translated or who is discretion of the facility administrator. An illiterate. itemized receipt that lists funds and property brought for the detainee shall be provided to

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the visitor. from Representatives of Community Service Organizations” in this standard; Any violation of the visitation rules, by the for non-governmental organizations detainee, may result in disciplinary action (NGO) please see standard “7.2 Interviews against the detainee and introduction of and Tours.” contraband or other criminal violations may lead to criminal prosecution of a visitor, B. General detainee or both. Each facility shall establish written visiting Differences in the various conditions of each procedures, including a schedule and hours visit, including who may visit, when they of visitation and make them available to the may visit, how they may be approved to visit public. and where in the facility they may visit, are Each facility administrator shall decide detailed later in this standard and are whether to permit contact visits, as dependent on the type of visitation, appropriate for the facility’s physical plant according to the following designations: and detainee population. Exceptions to this 1. social visitation: family, relatives, friends standard can be made by the facility and associates; minors may be subject to administrator on a case-by-case basis when special restrictions (see “I. Visits by warranted by compelling circumstances or Family and Friends” in this standard); individual needs or conduct. 2. legal visitation: attorneys, other legal A facility administrator may temporarily representatives, legal assistants (see “J. restrict visiting when necessary to ensure Visits by Legal Representatives and Legal the security and good order of the facility. Assistants” in this standard); Each restriction or denial of visits, including 3. consultation visitation: for detainees the duration of and reasons for the subject to expedited removal (see “K. restriction, shall be documented in writing. Consultation Visits for Detainees Subject C. Notification of Visiting Rules and Hours to Expedited Removal” in this standard); Each facility shall: 4. consular visitation: similar to legal 1. Provide written notification of visitation visitation but with consular officials who rules and hours in the detainee handbook have state department issued or local supplement given each detainee identification (see “L. Consular Visitation” upon admission, and post those rules and in this standard); hours where detainees can easily see 5. community service organization visitation: them. Such information shall be posted in representatives of civic, religious, cultural each housing unit. groups, etc. (see “N. Other Special Visits” 2. Make the schedule and procedures in this standard); and available to the public, both in written 6. other special visitation (see “M. Visits form and telephonically. A live voice or 5.7 | Visitation 369 PBNDS 2011 (As Modified by February 2013 Errata)

recording shall provide telephone callers circumstances may visitors give property or the rules and hours for all categories of money directly to a detainee. visitation. The shift supervisor must approve all items 3. Post schedule, procedures and notification brought for detainees. The visiting room of visitation rules and hours in the visitor officer may not accept articles or gifts of any waiting area in English, Spanish and, kind for a detainee, unless the facility where practicable, provisions for written administrator and/or shift supervisor has translation shall be made for other approved these items in advance. significant segments of the population Due to the relatively short length of stay and with limited English proficiency. the fact that ICE/ERO provides all D. Visitor Logs necessities, detainees may receive only minimal amounts of personal property, Each facility shall maintain a log of all including: general visitors, and a separate log of legal visitors. If the stated purpose of the visit is 1. small religious items; for Expedited Removal consultation, the visit 2. religious and secular reading material shall be logged in the Legal Visitation Log. (soft cover); Staff shall record in the general visitors’ log: 3. legal documents and papers; 1. the name and alien-registration number 4. pictures: 10 maximum, measuring 5” x 7” (A-number) of the detainee visited; or smaller each; 2. the visitor’s name and address; 5. prescription glasses; 3. the visitor’s relationship to the detainee; 6. dentures; and 7. personal address book or pages; 4. the date, arrival time and departure time. E. Incoming Property and Funds for 8. correspondence; Detainees 9. wedding rings;

In accordance with standard “2.5 Funds and 10. telephone calling cards; and Personal Property,” each facility shall have 11. other items approved by the facility written procedures regarding incoming administrator. property and money for detainees. F. Sanctions for Violation of Visitation and The facility administrator may permit a Contraband Rules visitor to leave cash or a money order with a designated staff member for deposit in a Any violation of the visitation rules by the detainee’s account; the staff member must detainee may result in disciplinary action provide the visitor a receipt for all money or against the detainee, including loss of property left at the facility. Under no visitation privileges, excluding legal and

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consular visits. Visiting privileges may be handbags and other personal items. revoked only through the formal detainee The facility administrator shall provide disciplinary process. However, the facility adequate supervision of all visiting areas, administrator has the authority to restrict or and the visiting area officer shall ensure that suspend a detainee’s ordinary visiting all visits are conducted in an orderly and privileges temporarily when there is dignified manner. reasonable suspicion that the detainee has acted in a manner constituting a threat to I. Visits by Family and Friends the safety, security or good order of the 1. Hours and Time Limits facility. Each incident shall be documented, Each facility shall establish a visiting and the restriction or suspension shall be schedule based on the detainee population limited to the time required to investigate and the demand for visits. Visits shall be and complete the disciplinary process. Legal permitted during set hours on Saturdays, visitation shall be suspended only if Sundays and holidays, and to the extent necessary to maintain the safety or security practicable, facilities shall also establish of the facility. visiting hours on weekdays and during A visitor’s failure to abide by visiting rules evening hours. The facility shall may result in immediate cancellation or accommodate the scheduling needs of termination of a visit and/or suspension of visitors for whom scheduled visiting hours future visitation privileges. pose a hardship, for example, authorizing Introduction of contraband or other criminal special visits for family visitors. violations may lead to criminal prosecution To accommodate the volume of visitors of a visitor, a detainee or both. within the limits of space and staff resources, G. Dress Codes for Visitors and to ensure adequate security, the facility administrator may restrict visits (e.g., some If the facility establishes and maintains a or all detainees and visitors may be limited to dress code for visitors, it shall be made visiting on Saturday or on Sunday, but not available to the public, e.g., posted on the both days). ICE/ERO does not require a facility’s website, telephone message and facility to permit every visitor to visit on both included in the detainee handbook. days of a weekend, nor to permit every H. Visiting Room Conditions detainee to have visits on both days of a weekend. However, to the extent practicable, The facility’s visiting areas shall be ICE/ERO encourages the facility appropriately furnished and arranged, and administrator to establish visiting hours for made as comfortable and pleasant as each detainee on both days of the weekend, practicable. Also, as practicable, space shall and to try to accommodate visitors who can be provided outside of the immediate visiting only visit on a specific weekend day. areas for the secure storage of visitors’ coats, The facility’s written rules shall specify time 5.7 | Visitation 371 PBNDS 2011 (As Modified by February 2013 Errata)

limits for visits, no less than one hour, under At facilities where there is no provision for normal conditions. visits by minors, upon request, ICE/ERO shall arrange for a visit by children, ICE/ERO encourages more generous limits stepchildren and foster children within when possible, especially for family members the first 30 days. After that time, upon traveling significant distances. In unforeseen request, ICE/ERO shall consider a request circumstances, such as the number of for transfer, when possible, to a facility visitors exceeding visiting room capacity, the that shall allow such visitation. Upon facility administrator may modify visiting request, ICE/ERO shall continue monthly periods. visits, if transfer is not approved, or until 2. Persons Allowed to Visit an approved transfer can be effected. Individuals from the following categories At the supervisor’s discretion, a minor shall be permitted to visit, unless they pose a without positive identification may be threat to the security and good order of the admitted if the accompanying adult visitor facility: vouches for his/her identity. Minors must a. Immediate Family Immediate family may remain under the direct supervision of an include: mothers, fathers, stepparents, adult visitor so as not to disturb other foster parents, brothers, sisters, visitors, and excessively disruptive stepbrothers, stepsisters, biological and conduct by minors may result in adopted children, stepchildren, foster termination of the visit. children and spouses, including common- c. Others may include grandparents, uncles, law spouses. aunts, in-laws, cousins, nieces, nephews, Immediate family members detained at non-relatives and friends. the same facility may visit with each other 3. Visitor Identification and Search Procedures during normal visiting hours, regardless of gender, when practicable. Staff shall verify each adult visitor’s identity before admitting him/her to the facility. No b. Minors Facilities should have provisions adult visitor may be admitted without to allow for contact or non-contact government-issued photo identification. All visitation with minor children, visitors shall be subject to identification and stepchildren and foster children. Facilities personal search in accordance with standard that allow visitations by minor children, “2.4 Facility Security and Control.” stepchildren and foster children should try to facilitate contact visitation when The facility administrator may establish a possible. Facilities should allow detainees procedure for random criminal background to see their minor children as soon as and warrant checks for the purpose of possible after admission. Generous time ensuring facility safety, security and good allotments for visitation with minor order. Visitors shall not be precluded from children are recommended. visiting a detainee solely because of a past 5.7 | Visitation 372 PBNDS 2011 (As Modified by February 2013 Errata)

conviction. Facilities can exclude visitors channels to the facility administrator. The based on an examination of the underlying visiting room officer, with concurrence from conduct of the conviction. the shift supervisor, may terminate visits involving inappropriate behavior. Staff shall escort visitors to the visiting room only after completing identification and Facilities shall not require approved visitor inspection as provided in the facility’s lists from ICE/ERO detainees. written procedures. All visitors are subject to 4. Contact Visits a personal search, which may include a pat Written procedures shall detail the limits (“pat-down”) search as well as a visual and conditions of contact visits in facilities inspection of purses, briefcases, packages that permit them. Ordinarily, within the and other containers. Written procedures bounds of propriety, handshaking, embracing shall be publicly available to inform visitors and kissing are permitted only at the that they are subject to search procedures. beginning and end of the visit; however, staff Any person who refuses to be searched is may limit physical contact to minimize prohibited from visiting a detainee. opportunities for contraband introduction In each facility, written procedures shall and to otherwise maintain the orderly provide for the prevention, cancellation or operation of the visiting area. termination of any visit that appears to pose Detainees receiving contact visits shall be a threat to safety, security or good order. given a thorough pat-down search prior to Visiting area officers or other staff, who entering the visiting room. Upon exiting, believe a situation poses such a threat, shall searches of detainees shall be conducted in alert the shift supervisor or equivalent; the accordance with facility policy and supervisor may then prevent, cancel or procedures, which should be reflective of terminate the visit. such factors as: The inspecting officer may ask the visitor to a. the nature of the facility; open a purse, briefcase, package, and other container for visual inspection of its contents. b. whether the facility houses detainees If warranted, the officer may ask the visitor to pending trial for violent or drug-related remove the contents and place them on a table; crimes; however, the officer may not place his or her c. the availability of appropriate screening hands inside the container. Facilities shall devices; monitoring technology; and/or provide and promote visitors' use of lockers or a secure area provided for safekeeping of d. concern for contraband entering the personal belongings during visits. facility. Only an officer with the rank of supervisor or A facility may only adopt a policy permitting above may deny or cancel a visit. In those strip searches after contact visits in the cases, the officer shall document his or her absence of reasonable suspicion if detainees action in a memorandum sent through official have the right to choose non-contact

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visitation instead. Detainees must be fully terminated for routine official counts. informed of that option and the policy 2. Hours generally in a language or manner they Each facility shall permit legal visitation understand. seven days a week, including holidays, for a 5. Visits for Administrative and Disciplinary minimum of eight hours per day on regular Segregation Detainees business days (Monday through Friday), and While in administrative or disciplinary a minimum of four hours per day on segregation status, a detainee ordinarily weekends and holidays. retains visiting privileges. The facility shall provide notification of the Segregated detainees may ordinarily use the rules and hours for legal visitation as visiting room during normal visiting hours. specified above. This information shall be However, the facility may restrict or disallow prominently posted in the waiting areas and visits for a detainee who violates visiting visiting areas and in the housing units. rules or whose behavior indicates that he/she On regular business days, legal visitations may be a threat to the security or good order may proceed through a scheduled meal of the visiting room. period, and the detainee shall receive a tray Under no circumstances may detainees be or sack meal after the visit. permitted to participate in visitation while in In emergency circumstances, facilities may restraints. If the detainee’s behavior consider requests from legal representatives warrants restraints, the visit may not be for extended visits or visits outside normal granted under general population visiting facility visiting hours. conditions. Any restriction or denial of visits shall be documented in writing. 3. Persons Allowed to Visit Detainees in protective custody, and violent Subject to the restrictions stated below, and/or disruptive detainees, shall not use the individuals in the following categories may visitation room during normal visitation visit detainees to discuss legal matters: hours. In cases in which a visit may present a. Attorneys and Other Legal an unreasonable security risk, visits may be Representatives An attorney is any person disallowed for a particular detainee. who is a member in good standing of the J. Visits by Legal Representatives and bar of the highest court of any state, Legal Assistants possession, territory, commonwealth or the District of Columbia, and is not under 1. General an order of any court suspending, In visits referred to as “legal visitation,” each enjoining, restraining, disbarring or detainee may meet privately with current or otherwise restricting him/her in the prospective legal representatives and their practice of law. legal assistants. Legal visits may not be A legal representative is an attorney or 5.7 | Visitation 374 PBNDS 2011 (As Modified by February 2013 Errata)

other person representing another in a matter of the meeting. matter of law, including: law students or Legal representatives and legal assistants law graduates not yet admitted to the bar are subject to a non-intrusive search—such under certain conditions; accredited as a pat-down search of the person or a representatives; and accredited officials search of the person’s belongings—at any and attorneys licensed outside the United time for the purpose of ascertaining the States. See 8 C.F.R. § 292.1 for more absence of contraband. detailed definitions of these terms. 5. Identification of Detainee to Be Visited b. Legal Assistants Upon presentation of a While identification by A-number is letter of authorization from the legal preferable, a facility may not require legal representative under whose supervision representatives and assistants to submit a he/she is working, an unaccompanied legal detainee’s A-number as a condition of assistant may meet with a detainee visiting. Where the legal representative or during legal visitation hours. The letter assistant provides alternative information shall state that the named legal assistant sufficient to reasonably identify the specific is working on behalf of the supervising detainee, the facility shall make a good-faith legal representative for purposes of effort to locate a detainee meeting with the ICE/ERO detainee(s). 6. Call-Ahead Inquiries c. Translators and Interpreters The facility shall permit translators and interpreters Each facility shall establish a written to accompany legal representatives and procedure to allow legal representatives and legal assistants on legal visits, subject to assistants to telephone the facility in “Visitor Identification and Search advance of a visit to determine whether a Procedures” detailed above. particular individual is detained there. The request must be made to the on-site d. Messengers The facility shall permit ICE/ERO staff or, where there is no resident messengers (who are not legal staff, to the ICE/ERO office with jurisdiction representatives or legal assistants) to over the facility. deliver documents to and from the facility, but not to visit detainees. 7. Pre-Representation Meetings 4. Identification of Legal Representatives and During the regular hours for legal visitation, Legal Assistants the facility shall permit detainees to meet with prospective legal representatives or Prior to each visit, all legal representatives legal assistants. The facility shall document and assistants shall be required to provide such “prerepresentation meetings” in the appropriate identification, such as a bar card logbook for legal visitation. from any state. To meet with a detainee, a legal service Legal representatives and legal assistants provider’s representative need not complete shall not be asked to state the legal subject

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a Form G-28 (stating that he/she is legal accommodated to the extent practicable. representatives of the detainee) at the “pre­ Such meetings shall be afforded the greatest representation” stage. possible degree of privacy under the 8. Form G-28 and Attorney/Client Meetings circumstances. 10. Materials Provided to Detainees by Legal Attorneys representing detainees on legal Representatives matters unrelated to immigration are not required to complete a Form G-28. The facility’s written legal visitation procedures must provide for the exchange of Once an attorney-client relationship has documents between a detainee and the legal been established, or if an attorney-client representative or assistant, even when relationship already exists, the legal contact visitation rooms are unavailable. representative shall complete and submit a Form G-28, available in the legal visitation Documents or other written material reception area. Staff shall collect completed provided to a detainee during a visit with a forms and forward them to ICE/ERO. legal representative shall be inspected but 9. Private Meeting Room and Interruption for Head not read. Detainees are entitled to retain Counts legal material received for their personal use. Quantities of blank forms or self-help legal Visits between legal representatives or legal material in excess of those required for assistants and an individual detainee are personal use may be held for the detainee confidential and shall not be subject to with his/her property. The detainee shall be auditory supervision. Private consultation permitted access to these documents utilizing rooms shall be available for such meetings. the established avenues of communication. Officers may terminate legal visits at the end 11. Administrative and Disciplinary Segregation of the allotted time or to maintain security, but not for routine official counts. Detainees in administrative or disciplinary segregation shall be allowed legal visitation. Staff shall not be present in the confidential If the facility administrator considers special area during the meeting unless the legal security measures necessary, he/she shall representative or legal assistant requests the notify the legal service provider of the presence of an officer; however, as long as security concerns prior to the meeting. staff cannot overhear the conversation, staff 12. Group Legal Meetings may observe such meetings visually through a window or camera, to the extent necessary Upon request of a legal representative or to maintain security. assistant, the facility administrator may permit a confidential meeting (with no officer When a situation arises in which private present) involving the requester and two or conference rooms are in use and the attorney more detainees. This may occur for various wishes to meet in a regular or alternate purposes (e.g., pre-representational, visiting room, the request shall be representational, removal-related). The 5.7 | Visitation 376 PBNDS 2011 (As Modified by February 2013 Errata)

facility shall grant such requests to the information: greatest extent practicable, if it has the a. date; physical capacity and if the meeting shall not interfere with the safety, security and good b. time of arrival; order of the facility. Each facility c. visitor’s name; administrator shall limit detainee d. visitor’s address; attendance according to the practical concerns of the facility, or the security e. supervising attorney’s name (if concerns associated with the meeting in applicable); question. f. detainee’s name and A-number; See also standard “6.4 Legal Rights Group g. whether the detainee currently has a G-28 Presentations.” on file; 13. ICE/ERO-Provided List of Free Legal Service h. time visit began; and Providers and Detainee Sign-Up i. time visit ended. ICE/ERO shall provide each facility the official list of local free legal service Staff shall also record any important providers, updated quarterly by the local comments about the visit. DOJ Executive Office for Immigration 15. Availability of Legal Visitation Policy Review. The facility shall promptly and The facility’s written legal visitation policy prominently post the current list in detainee shall be available upon request. The site- housing units and other appropriate areas. specific policy shall specify visitation hours, Any legal organization or individual on the procedures and standards and address, at a current list may write the facility minimum, the following: administrator to request the posting and/or a. telephone inquiries; general circulation of a sign-up sheet. b. dress code; The facility administrator shall then notify detainees of the availability of the sign-up c. legal assistants working under the sheet and according to established supervision of an attorney; procedures, ensure coordination with the pro d. pre-representational meetings; bono organization. e. Form G-28 requirements; 14. Legal Visitation Log f. identification and search of legal Staff shall maintain a separate log to record representatives; all legal visitors, including those denied g. identification of visitors; access to the detainee. The log shall include the reason(s) for denying access. h. materials provided to detainees by legal representatives; Log entries shall include the following

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i. confidential group legal meetings; and consultation visitation, to ensure compliance j. detainee sign-up. with statutory and regulatory requirements and to prevent delay in the expedited removal K. Consultation Visits for Detainees process. Given the time constraints, Subject to Expedited Removal consultation by mail is highly discouraged. 1. General Facility staff shall ensure that consultation, Detainees who are subject to expedited whether in person, by telephone or by removal and who have been referred to an electronic means, proceed without hindrance. asylum officer are entitled by statute and Staff shall be sensitive to individual regulation to consult with persons of the circumstances when resolving consultation- detainee’s choosing, both prior to the related issues. interview and while the asylum officer’s Consultation visitation shall be allowed decision is under review. Such consultation during legal visitation hours and during visitation is for the general purpose of general visitation hours. If necessary to meet discussing immigration matters, not for demand, the facility administrator shall purely social visits covered earlier. increase consultation visiting hours. a. The consultation visitation period begins 3. Persons Allowed to Visit for Consultation before any interview with an asylum Purposes officer and continues while the asylum Detainees subject to expedited removal may officer’s determination is under review by consult whomever they choose, in person, by the supervisory asylum officer or phone or by other electronic needs, at any immigration judge. time during the first 48 hours of detention. b. The consultation visitation period ends Consultants might include, but are not with the issuance of a Notice to Appear limited to, attorneys and other legal and once the detainee is placed in removal representatives, prospective legal proceedings before an immigration judge; representatives, legal assistants, members of however, the detainee retains legal and non-governmental organizations (NGOs) and other visitation privileges in accordance friends and family. with this standard. Consultants are subject to the same “Consultation visitation” may neither incur identification and security screening government expense nor unduly delay the procedures as general visitors. If documented removal process. security concerns preclude an in-person visit 2. Method of Consultation with a particular individual, the facility administrator shall arrange for consultation Because expedited removal procedures occur by telephone or other electronic means. If within short time frames, each facility shall security reasons also preclude consultation by develop procedures that liberally allow for telephone or other electronic means, the

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facility administrator, through the Field Office c. searches; Director, shall consult the respective ICE d. detainee identification; Office of Chief Counsel. e. materials provided to detainees by the 4. Privacy visitor; Consultation visits, whether in person, by f. consultation visits for detainees in telephone or other electronic means, shall administrative and disciplinary receive the same privacy as communications segregation; between legal representatives and detainees. g. pro-bono list and detainee sign-up; and 5. Admittance for Asylum Officer Interview h. availability of consultation visitation Detainees subject to expedited removal may policy. bring and consult advisors during the asylum officer interview. The presence of L. Consular Visitation persons to consult is also allowed during the According to international agreements and Immigration Judge’s review of a negative under regulation 8 C.F.R. § 236.1, detainees credible fear determination, at the judge’s must be advised of their right to consular discretion. access and ICE/ERO shall facilitate the 6. Log detainee’s access to consular officers. Staff shall record consultation visits in the ICE/ERO policy and practice stipulate that legal visitation log. all detained individuals be provided with notice, through the facility administrator, of 7. Form G-28 for Consultation Visits their right to contact their consular Visitors are not required to file a Form G-28 representative(s) and receive visits from to participate in a consultation visit or their consulate officer(s). provide consultation during an asylum officer The facility administrator shall ensure that interview or Immigration Judge’s review of a all detainees are notified of and afforded the negative credible fear determination. This right to contact and receive visits from their stipulation applies even if the visitor is an consular officers. The same hours, privacy attorney or legal representative. and conditions that govern legal visitation 8. Other Considerations for Consultation Visits apply to consular visitation. Consular visits The above procedures for “Visits by Legal may be permitted at additional times outside Representatives and Legal Assistants” apply normal visitation hours, with the facility to other considerations in regard to administrator’s prior authorization. consultation visits such as the following: To conduct such visits, consular officers must a. group consultations; present Department of State-issued identification. b. call-ahead inquiries; M. Visits from Representatives of

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Community Service Organizations criminal history check, verification of identity and occupation and verification of The facility administrator may approve visits credentials for the type of activity to one or more detainees by individuals or involved; groups representing community service organizations, including civic, religious, 2. Provide identification for individual cultural, therapeutic and other groups. members of the group upon arrival at the Volunteers may provide a special religious, facility. educational, therapeutic or recreational Standard “2.4 Facility Security and activity. Control” details procedures for checking a The facility administrator’s approval shall visitor’s identity, issuing visitor passes take into account such factors as: and accounting for visitors while they are in the facility; 1. safety and security considerations; 3. Comply with visitation rules: each 2. availability of detention personnel to approved volunteer shall receive an supervise the activity; and appropriate orientation to the facility, and 3. sufficient advance notification to the shall acknowledge his/her understanding facility administrator. of rules and procedures by signing an Detainees’ immediate family and other agreement to comply with them, relatives, friends and associates, as detailed particularly in regard to permissible above under “Persons Allowed to Visit,” may behavior and relationships with detainees. not serve as volunteers. The orientation and signed agreement shall include at a minimum, the following To inform the facility administrator’s functions: decision, facility staff (such as chaplains and recreation specialists) shall verify the a. specify lines of authority, responsibility organization’s bona fide interests and and accountability for volunteers; and qualifications for this kind of service. b. prohibit volunteers from: Groups and/or individuals from those groups 1) using their official positions to secure must: privileges for themselves or others; 1. Provide the facility with advance 2) engaging in activities that constitute notification of the names, dates of birth a conflict of interest; and and social security numbers or unexpired 3) accepting any gift from or engaging passport number of the group members in personal business transactions who shall be visiting; with a detainee or a detainee’s All volunteers, regardless of title or immediate family. position, are subject to a background All volunteers shall be held accountable check that includes, but is not limited to, a

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for compliance with the rules and and extent of an individual’s criminal record procedures. and/or prior conduct against the benefits of 4. Read and sign a waiver of liability that visitation in determining visitation releases ICE/ERO of all responsibility in privileges. A potential visitor’s failure to case of injury during the visit before being disclose such matters may preclude admitted to any secure portion of the visitation privileges. facility or location where detainees are 3. Business Visitors present. A detainee may not actively engage in N. Other Special Visits business or professional interests or activities; however, in the event that a 1. Law Enforcement Officials’ Visits detainee must make a decision that shall Facility visitation procedures shall cover law substantially affect the assets or prospects of enforcement officials requesting interviews a business, the facility administrator may with detainees. Facilities shall notify and permit a special visit. seek approval from ICE/ERO of any proposed ICE/ERO does not recognize or sanction any law enforcement officer visit with a detainee. work-release program. 2. Visitation by Former Detainees or Aliens in 4. Visiting Rules Regarding Animals Proceedings Each facility shall establish and disseminate Former ICE/ERO detainees, individuals with a policy and implementing procedures criminal records and individuals in governing whether and, if so, under what deportation proceedings shall not be circumstances animals may accompany automatically excluded from visitation. human visitors onto or into facility property. Individuals in any of these categories must so notify the facility administrator before However, service animals shall be permitted registering for visitation privileges. The to accompany all persons with disabilities. facility administrator shall weigh the nature

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5.8 Voluntary Work The expected outcomes of this detention standard are as follows (specific Program requirements are defined in “V. Expected Practices”). I. Purpose and Scope 1. Detainees may have opportunities to work This detention standard provides detainees and earn money while confined, subject to opportunities to work and earn money while the number of work opportunities confined, subject to the number of work available and within the constraints of the opportunities available and within the safety, security and good order of the constraints of the safety, security and good facility. order of the facility. 2. Detainees shall be able to volunteer for While not legally required to do so, ICE/ work assignments but otherwise shall not ERO affords working detainees basic be required to work, except to do personal Occupational Safety and Health housekeeping. Administration (OSHA) protections. 3. Essential operations and services shall be This detention standard applies to the enhanced through detainee productivity. following types of facilities housing ERO 4. The negative impact of confinement shall detainees: be reduced through decreased idleness, x Service Processing Centers (SPCs); improved morale and fewer disciplinary x Contract Detention Facilities (CDFs); incidents. and 5. Detainee working conditions shall comply x State or local government facilities used with all applicable federal, state and local by ERO through Intergovernmental work safety laws and regulations. Service Agreements (IGSAs) to hold 6. There shall be no discrimination regarding detainees for more than 72 hours. voluntary work program access based on Procedures in italics are specifically required any detainee’s race, religion, national for SPCs, CDFs, and Dedicated IGSA origin, gender, sexual orientation or facilities. Non-dedicated IGSA facilities disability. must conform to these procedures or adopt, 7. The applicable content and procedures in adapt or establish alternatives, provided this standard shall be communicated to they meet or exceed the intent represented the detainee in a language or manner the by these procedures. detainee can understand. Various terms used in this standard may be All written materials provided to defined in standard “7.5 Definitions.” detainees shall generally be translated II. Expected Outcomes into Spanish. Where practicable, provisions for written translation shall be

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made for other significant segments of the able to work shall be provided the population with limited English opportunity to participate in a voluntary proficiency. work program. The detainee’s classification Oral interpretation or assistance shall be level shall determine the type of work provided to any detainee who speaks assignment for which he/she is eligible. another language in which written Generally, high custody detainees shall not material has not been translated or who is be given work opportunities outside their illiterate. housing units/living areas. Non-dedicated IGSAs will have discretion on whether or not III. Standards Affected they will allow detainees to participate in the voluntary work program. This detention standard replaces “Voluntary Work Program” dated 12/2/2008. B. Work Outside the Secure Perimeter This detention standard incorporates the ICE detainees may not work outside the requirements regarding detainees’ assigned secure perimeter of non-dedicated IGSA to work outside of a facility’s secure facilities. perimeter originally communicated via a In SPCs, CDFs, and dedicated IGSAs, low memorandum to all Field Office Directors custody detainees may work outside the from the Acting Director of U.S. Immigration secure perimeter on facility grounds. They and Customs Enforcement (ICE) must be directly supervised at a ratio of no Enforcement and Removal Operations (ERO) less than one staff member to four detainees. (11/2/2004). The detainees shall be within sight and IV. References sound of that staff member at all times. C. Personal Housekeeping Required American Correctional Association, Performance-based Standards for Adult Work assignments are voluntary; however, Local Detention Facilities, 4th Edition: 4­ all detainees are responsible for personal ALDF-5C-06, 5C-08, 5C-11(M), 6B-02. housekeeping. ICE/ERO Performance-based National Detainees are required to maintain their Detention Standards 2011: immediate living areas in a neat and orderly manner by: x “1.2 Environmental Health and Safety”; and 1. making their bunk beds daily; x “4.1 Food Service.” 2. stacking loose papers; V. Expected Practices 3. keeping the floor free of debris and dividers free of clutter; and A. Voluntary Work Program 4. refraining from hanging/draping clothing, Detainees who are physically and mentally pictures, keepsakes, or other objects from

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beds, overhead lighting fixtures or other as well as privileges relating to the detainee furniture. worker’s status. The detainee shall be D. Detainee Selection required to sign a voluntary work program agreement before commencing each new The facility administrator shall develop site- assignment. Completed agreements shall be specific rules for selecting work detail filed in the detainee’s detention file. volunteers. These site-specific rules shall be E. Special Details recorded in a facility procedure that shall include a voluntary work program Detainees may volunteer for temporary work agreement. The voluntary work program details that occasionally arise. The work, agreement shall document the facility’s which generally lasts from several hours to program and shall be in compliance with this several days, may involve labor-intensive detention standard. work. The primary factors in hiring a detainee as a F. Discrimination in Hiring Prohibited worker shall be his/her classification level Detainees shall not be denied voluntary work and the specific requirements of the job. opportunities on the basis of such factors as 1. Staff shall present the detainee’s name to a detainee’s race, religion, national origin, the shift supervisor or the requesting gender, sexual orientation or disability. department head. G. Physically and Mentally Challenged 2. The shift supervisor or department head Detainees shall review the detainee’s classification and other relevant documents in the While medical or mental health restrictions detainee’s detention file. may prevent some physically or mentally challenged detainees from working, those 3. The shift supervisor or department head with less severe disabilities shall have the shall assess the detainee’s language skills opportunity to participate in the voluntary because these skills affect the detainee’s work program in appropriate work ability to perform the specific assignments. requirements of the job under supervision.

To the extent possible, work opportunities 1. The selecting official must consider the shall be provided to detainees who are precise limitations of a disabled individual able to communicate with supervising before rejecting that individual for staff effectively and in a manner that does selected work assignments. not compromise safety and security. 2. Expediency or convenience is insufficient 4. Inquiries to staff about the detainee’s justification to reject or “pigeonhole” a attitude and behavior may be used as a detainee who, with reasonable factor in the supervisor’s selection. accommodation, can perform essential functions of the work assignment. Staff shall explain the rules and regulations

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3. In disputed cases, the selecting official policy. shall consult medical personnel to The compensation is at least $1.00 (USD) per ascertain the detainee’s suitability for a day. The facility shall have an established given project. system that ensures detainees receive the H. Hours of Work pay owed them before being transferred or released. Detainees who participate in the volunteer work program are required to work according L. Removal of Detainee from Work Detail to a schedule. A detainee may be removed from a work The normal scheduled workday for a detail for such causes as: detainee employed full time is a maximum of 1. unsatisfactory performance; 8 hours. Detainees shall not be permitted to work in excess of 8 hours daily, 40 hours 2. disruptive behavior, threats to security, weekly. etc.; Unexcused absences from work or 3. physical inability to perform the essential unsatisfactory work performance may result elements of the job due to a medical in removal from the voluntary work condition or lack of strength; program. 4. prevention of injuries to the detainee; I. Number of Details in One Day and/or 5. a removal sanction imposed by the The facility administrator may restrict the Institutional Disciplinary Panel for an number of work details permitted a detainee infraction of a facility rule, regulation or during one day. policy. In SPCs, CDFs, and dedicated IGSAs a When a detainee is removed from a work detainee may participate in only one work detail, the facility administrator shall place detail per day. written documentation of the circumstances J. Establishing Detainee Classification and reasons in the detainee detention file. Level Detainees may file a grievance to the local If the facility cannot establish the Field Office Director or facility administrator classification level in which the detainee if they believe they were unfairly removed belongs, the detainee shall be ineligible for from work, in accordance with standard “6.2 the voluntary work program. Grievance System.” K. Compensation M. Detainee Responsibility

Detainees shall receive monetary The facility administrator shall establish compensation for work completed in procedures for informing detainee volunteers accordance with the facility’s standard about on-the-job responsibilities and

5.8 | Voluntary Work Program 385 PBNDS 2011 (As Modified by February 2013 Errata)

reporting procedures. c. International Council Codes (ICC). The detainee is expected to be ready to Each facility administrator’s designee is report for work at the required time and may responsible for providing access to not leave an assignment without permission. complete and current versions of the documents listed above. 1. The detainee shall perform all assigned tasks diligently and conscientiously. The facility administrator shall ensure that the facility operates in compliance 2. The detainee may not evade attendance with all applicable standards. and performance standards in assigned activities nor encourage others to do so. 2. Upon a detainee’s assignment to a job or detail, the supervisor shall provide 3. The detainee shall exercise care in thorough instructions regarding safe work performing assigned work, using safety methods and, if relevant, hazardous equipment and taking other precautions materials, including: in accordance with the work supervisor’s instructions. a. safety features and practices demonstrated by the supervisor; and 4. In the event of a work-related injury, the detainee shall notify the work supervisor, b. recognition of hazards in the workplace, who shall immediately implement injury- including the purpose for protective response procedures. devices and clothing provided, reporting N. Detainee Training and Safety deficiencies to their supervisors (staff and detainees who do not read nor All detention facilities shall comply with all understand English shall not be applicable health and safety regulations and authorized to work with hazardous standards. materials). The facility administrator shall ensure that A detainee shall not undertake any all department heads, in collaboration with assignment before signing a voluntary the facility’s safety/training officer, develop work program agreement that, among and institute appropriate training for all other things, confirms that the detainee detainee workers. has received and understood training 1. The voluntary work program shall operate from the supervisor about the work in compliance with the following codes and assignment. regulations: The voluntary work program a. Occupational Safety and Health agreement, which each detainee is Administration (OSHA) regulations; required to sign prior to commencing each new assignment, shall be placed in b. National Fire Protection Association the detainee’s detention file. 101 Life Safety Code; and 3. For a food service assignment, medical

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staff, in conjunction with the U.S. Public If a detainee is injured while performing Health Service, shall ensure that his/her work assignment: detainees are medically screened and 1. The work supervisor shall immediately certified before undertaking the notify facility medical staff. In the event assignment. the accident occurs in a facility that does 4. The facility shall provide detainees with not provide 24-hour medical care, the safety equipment that meets OSHA and supervisor shall contact the on-call other standards associated with the task medical officer for instructions. performed. 2. First aid shall be administered as 5. The facility administrator shall ensure necessary. that the facility operates in compliance 3. Medical staff shall determine what with all applicable standards. treatment is necessary and where that O. Detainee Injury and Reporting treatment shall take place. Procedures 4. The work supervisor shall complete a The facility administrator shall implement detainee accident report and submit it to procedures for immediately and the facility administrator for review and appropriately responding to on-the-job processing and file it in the detainee’s injuries, including immediate notification of detention file and A-file. ICE/ERO.

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6.1 Detainee Handbook defined in standard “7.5 Definitions.” II. Expected Outcomes I. Purpose and Scope The expected outcomes of this detention This detention standard requires that, upon standard are as follows (specific admission, every detainee be provided requirements are defined in “V. Expected comprehensive written orientation materials Practices”). that describe such matters as the facility’s 1. Upon admission to a facility, each rules and sanctions, disciplinary system, mail detainee shall be provided the and visiting procedures, grievance system, comprehensive written orientation services, programs and medical care, in materials, which shall consist of the ICE English, Spanish and other languages and National Detainee Handbook (ICE that detainees acknowledge receipt of those Handbook) and a local detainee handbook materials. supplement. The facility shall develop the This detention standard applies to the local detainee handbook supplement, following types of facilities housing ERO which shall describe such matters as: detainees: a. the grievance system; x Service Processing Centers (SPCs); b. services and programs; x Contract Detention Facilities (CDFs); c. medical care; and d. access to legal counsel; x State or local government facilities used by ERO through Intergovernmental e. law libraries and legal material; Service Agreements (IGSAs) to hold f. correspondence and other material; detainees for more than 72 hours. g. staff-detainee communication; Procedures in italics are specifically required h. the classification system; for SPCs, CDFs, and Dedicated IGSA facilities. Non-dedicated IGSA facilities i. visitation; and must conform to these procedures or adopt, j. the disciplinary system. adapt or establish alternatives, provided they meet or exceed the intent represented 2. Each detainee shall verify, by signature by these procedures. and date, receipt of those orientation materials, and that acknowledgement For all types of facilities, procedures that shall be maintained in the detainee’s appear in italics with a marked (**) on the detention file. page indicate optimum levels of compliance for this standard. 3. The ICE Handbook will be provided to the facility in English, Spanish and other Various terms used in this standard may be languages made available by ICE. The

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facility administrator shall ensure that x “2.13 Staff-Detainee Communication”; the facility has sufficient quantities of the x “3.1 Disciplinary System”; English and all translated versions of the ICE Handbook, and shall request x “4.3 Medical Care”; additional copies of the ICE Handbook x “5.1 Correspondence and Other Mail”; from the ICE Field Office Director as x “5.7 Visitation”; needed. x “6.2 Grievance System”; and 4. The local handbook supplement provided to detainees shall generally be translated x “6.3 Law Libraries and Legal Material.” into Spanish. Where practicable, V. Expected Practices provisions for written translation shall be made for other significant segments of the A. Distribution population with limited English The facility administrator shall distribute proficiency. the ICE Handbook, and shall develop and Oral interpretation or assistance shall be distribute a local written supplement to the provided to any detainee who speaks handbook. another language in which written For consistency among detention facilities, material has not been translated or who is the ICE Handbook shall be used as a illiterate. Materials may be provided via comprehensive orientation resource. In each audio or video recordings. facility, the local supplement contents shall The applicable content and procedures in be customized and adapted for that specific this standard shall be communicated to facility. the detainee in a language or manner the B. Contents of Local Supplement detainee can understand. Upon admission to a facility, prior to III. Standards Affected placement in general population, each This detention standard replaces “Detainee detainee shall be provided a copy of the Handbook” dated 12/2/2008. handbook and that facility’s local supplement to the handbook. IV. References Staff shall require each detainee to verify, by American Correctional Association, signature, receipt of the handbook, and shall Performance-based Standards for Adult maintain that signed acknowledgement in Local Detention Facilities, 4th Edition: 4­ the detainee’s detention file. ALDF-2A-27, 2A-28, 2A-29. While all applicable topics from the ICE/ERO Performance-based National handbook must be addressed, it is especially Detention Standards 2011: important that each local supplement notify each detainee of: x “2.2 Custody Classification System”; 6.1 | Detainee Handbook 389 PBNDS 2011 (As Modified by February 2013 Errata)

1. the rules, regulations, policies and other mail, including information on procedures with which every detainee correspondence procedures as required by must comply; standard “5.1 Correspondence and Other Mail,” at Section C of Expected Practices; 2. detainee rights and responsibilities; 12. the facility’s policies and procedures 3. procedures for requesting interpretive related to personal property, as required services for essential communication; by standard “2.5 Funds and Personal 4. the facility’s zero tolerance policy for all Property,” at Section C of Expected forms of sexual abuse and assault; Practices; 5. the facility’s rules of conduct and 13. the facility’s marriage request prohibited acts, the disciplinary severity procedures; scale, the sanctions imposed for violations 14. contact information for the ICE/ERO of the rules, the disciplinary process, the Field Office and the scheduled hours and procedure for appealing disciplinary days that ICE/ERO staff is available to be findings, and detainees’ rights in the contacted by detainees at the facility; and disciplinary system, as required by standard “3.1 Disciplinary System,” at 15. procedures to submit written questions, Section B of Expected Practices; requests, or concerns to ICE/ERO staff, as well as the availability of assistance to 6. information about the facility’s grievance prepare such requests. system including medical grievances, as required by standard “6.2 Grievance C. Translations and Access for Limited System,” at Section B of Expected English Proficient Detainees Practices; The ICE Handbook shall be provided in 7. the facility’s policies on telephone access English, Spanish and other predominant and on the monitoring of telephone calls, if languages as determined necessary by the telephone calls are monitored; Field Office Director. The facility 8. the facility’s visitation rules and hours; administrator shall ensure that the facility has sufficient quantities of the English and 9. rules and procedures governing access to all translated versions of the ICE Handbook the law library as required by standard and shall request additional copies of the “6.3 Law Libraries and Legal Material,” at ICE Handbook from the ICE Field Office Sections E(2) and N of Expected Practices; Director as needed. The local handbook 10. content and procedures of the facility’s supplement provided to detainees shall rules on legal rights group presentations, generally be translated into Spanish. Where and the availability of legal orientation practicable, provisions for written programs; translation shall be made for other 11. the facility’s rules on correspondence and significant segments of the population with

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limited English proficiency. recommend changes. While the handbook If a detainee cannot read or does not does not have to be immediately revised and understand the language of the handbook, reprinted to incorporate every change, the the facility administrator shall provide the facility administrator shall establish material using audio or video tapes in a procedures for immediately communicating language the detainee does understand, such changes to staff and detainees through arrange for the orientation materials to be methods including but not limited to the read to the detainee, or provide a translator following: or interpreter within a reasonable amount of 1. posting changes on bulletin boards in time. housing units and other prominent areas; D. Detention Support Staff 2. notifying staff by memos and other means; and The facility administrator shall provide a copy of the ICE Handbook and the local 3. informing new arrivals during orientation. supplement to every staff member who has On occasion, ICE/ERO may require a specific contact with detainees, and shall address and immediate change to the handbook. their contents in initial and annual staff F. Reporting Allegations training. E. Updates The ICE Handbook will explicitly address how detainees shall report allegations of The ICE Handbook will be updated as abuse and civil rights violations, along with necessary by ICE/ERO. The facility violations of officer misconduct, directly to administrator shall appoint a committee to ICE/ERO headquarters or the DHS Office of review the local supplement annually and Inspector General.

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6.2 Grievance System 1. Detainees shall be informed about the facility’s informal and formal grievance I. Purpose and Scope system in a language or manner they understand. This detention standard protects a detainee’s rights and ensures that all detainees are 2. In their daily interaction, staff and treated fairly by providing a procedure for detainees shall mutually resolve most them to file both informal and formal complaints and grievances orally and grievances, which shall receive timely informally. responses relating to any aspect of their 3. Detainees shall be able to file formal detention, including medical care. grievances, including medical grievances, This detention standard applies to the and shall receive written responses, following types of facilities housing ERO including the basis for the decision, in a detainees: timely manner. x Service Processing Centers (SPCs); 4. Detainees shall be able to file emergency grievances for incidents that involve an x Contract Detention Facilities (CDFs); immediate threat to health, safety, or and welfare, and shall receive written x State or local government facilities used responses, including the basis for the by ERO through Intergovernmental decision, in a timely manner. Service Agreements (IGSAs) to hold 5. Detainees shall be able to appeal initial detainees for more than 72 hours. decisions on grievances to at least one Procedures in italics are specifically required higher level of review. for SPCs, CDFs, and Dedicated IGSA 6. Facilities shall allow any ICE/ERO facilities. Non-dedicated IGSA facilities detainee dissatisfied with the facility’s must conform to these procedures or adopt, response to a grievance or those fearing adapt or establish alternatives, provided retaliation to be able to appeal or they meet or exceed the intent represented communicate directly with ICE/ERO. by these procedures. 7. Accurate records shall be maintained for Various terms used in this standard may be filed grievances and their resolution in a defined in standard “7.5 Definitions.” grievance log and the detainee’s detention II. Expected Outcomes file. 8. No detainee shall be harassed, disciplined, The expected outcomes of this detention punished or otherwise retaliated against standard are as follows (specific for filing a complaint or grievance. requirements are defined in “V. Expected Practices”): 9. The applicable contents and procedures in this Standard shall be communicated to a

6.2 | Grievance System 392 PBNDS 2011 (As Modified by February 2013 Errata)

detainee in a language or manner the Each facility shall have written policy and detainee can understand. procedures for a detainee grievance system All written materials provided to that: detainees shall generally be translated 1. establish a procedure for any detainee to into Spanish. Where practicable, file an informal or formal grievance; provisions for written translation shall be 2. establish a procedure to track or log all made for other significant segments of the ICE detainee grievances separately from population with limited English other facility populations; proficiency. 3. establish reasonable time limits for: Oral interpretation or assistance shall be provided to any detainee who speaks a. processing, investigating and another language in which written responding to grievances; material has not been translated or who is b. convening a grievance committee (or illiterate. actions of a single designated grievance 10. The facility shall accommodate the officer) to review formal complaints; and special assistance needs of detainees in c. providing written responses to preparing and pursuing a grievance, detainees who filed formal grievances, including those with profound mental including the basis for the decision; illness or known intellectual disability. 4. ensure a procedure in which all medical III. Standards Affected grievances are received by the administrative health authority within 24 This detention standard replaces “Detainee hours or the next business day, with a Grievance Procedures” dated 12/2/2008. response from medical staff within five IV. References working days, where practicable; 5. establish a special procedure for time- American Correctional Association, sensitive, emergency grievances, including Performance-based Standards for Adult having a mechanism by which emergency Local Detention Facilities, 4th Edition: 4­ medical grievances are screened as soon ALDF-2A-27, 6A-07, 6B-01. as practicable by appropriate personnel; ICE/ERO Performance-based National 6. ensure each grievance receives Detention Standards 2011: appropriate review; x “2.1 Correspondence and Other Mail.” 7. provide at least one level of independent x “2.13 Staff-Detainee Communication” appeal that excludes individuals V. Expected Practices previously involved in the decision making process for the same grievance; A. Written Procedures Required 8. include guarantees against reprisal; and

6.2 | Grievance System 393 PBNDS 2011 (As Modified by February 2013 Errata)

9. ensure information, advice and directions specified higher levels if the detainee are provided to detainees in a language or disagrees with the lower decisions; manner they can understand, or that 6. The procedures for contacting ICE/ERO to interpretation/translation services are appeal a decision; utilized. 7. The policy prohibiting staff from B. Informing Detainees about Grievance harassing, disciplining, punishing or Procedures otherwise retaliating against any detainee The facility shall provide each detainee, upon for filing a grievance or contacting the admittance, a copy of the detainee handbook Office of the Inspector General (OIG); and and local supplement (see also standard “6.1 8. The opportunity at any point to file a Detainee Handbook”), in which the grievance complaint directly to the Department of section provides notice of the following: Homeland Security (DHS) OIG about staff 1. The expectation that, to the greatest misconduct, physical or sexual abuse or extent possible, complaints and grievances civil rights violations; complaints may be shall be handled orally and informally by filed by calling the DHS OIG Hotline at staff in their daily interaction with 800-323-8603 or by writing to: detainees (at all times, the detainee shall Department of Homeland Security Attn: be granted the right to file a formal Office of the Inspector General grievance and pursue the formal grievance Washington, DC 20528 process); C. Grievance Procedures 2. The right to file a grievance, including 1. Informal Grievances medical grievances, both informal and Informal grievance resolution offers a formal; detainee the opportunity to expediently 3. The process for filing emergency resolve his/her cause for complaint before grievances; resorting to the more time-consuming 4. The procedures for filing and resolving a written formal procedure. Staff at every grievance, including the availability of facility shall make every effort to resolve a assistance in preparing a grievance detainee’s complaint or grievance at the (assistance for detainees with lowest level possible, in an orderly and impairments or disabilities, timely manner. interpretation/translation services for The facility administrator, or designee, shall detainees who do not speak adequate establish written procedures for detainees to English and assistance for detainees with orally and informally present the issue of limited literacy); concern (as addressed in standard “2.13 5. The procedures for filing and resolving an Staff-Detainee Communication”). Upon appeal, including the right to appeal to request, additional assistance will be

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provided for detainees with impairments or procedures for identifying and handling a disabilities, interpretation/translation time-sensitive emergency grievance that services for detainees who do not speak involves an immediate threat to health, adequate English, and assistance for safety or welfare. Written procedures shall detainees with limited literacy. Detention also cover urgent access to legal counsel and facility staff is encouraged to provide the law library. All staff shall be trained to assistance if a detainee cannot properly respond appropriately and in an expeditious communicate their concern. manner to emergency grievances. Once the A detainee is free to bypass or terminate the receiving employee determines that the informal grievance process at any point and detainee is raising an issue requiring urgent proceed directly to the formal grievance attention, emergency grievance procedures stage. shall apply. Translation and interpretation services shall be made available to those who If an informal grievance is resolved, the need it. employee need not provide the detainee written confirmation of the outcome, but Emergency grievances may be brought by a shall document the result for the record in detainee to a designated grievance officer the detainee’s detention file and in any logs (GO) or directly to the facility administrator or data systems the facility has established or their designee. If these personnel are not to track such actions. available, a shift supervisor may be informed of the complaint. Staff members who receive a detainee’s informal complaint or grievance shall: A report of the grievance, including the nature of the complaint, the name of the a. attempt to resolve the issue informally, if detainee and the action taken to resolve the the issue is within his/her scope of issue, shall be prepared in written form and responsibility; or forwarded to the facility administrator, or b. notify the appropriate supervisor of the designee. grievance as soon as practical. If the facility administrator determines that The supervisor may try to resolve the matter the grievance is not an emergency, standard or advise the detainee to initiate a written grievance procedures shall apply. grievance. All emergency grievance reports, to include If the grievance is resolved at this informal the circumstances of the grievance and the level, the individual who resolved the issue resolution, shall be placed in the detainee’s shall document the circumstances and detention file and documented in the resolution in the detainee’s detention file and facility’s grievance log. in the facility’s grievance log. Medical emergencies shall be brought to the 2. Emergency Grievances immediate attention of proper medical Each facility shall implement written personnel for further assessment. If it is 6.2 | Grievance System 395 PBNDS 2011 (As Modified by February 2013 Errata)

determined that it is not a medical a. Grievance Procedure Guidelines emergency, standard grievance procedures 1) To prepare a grievance, a detainee may shall apply. obtain assistance from another 3. Formal Written Grievances detainee, the housing officer or other The detainee may file a formal grievance at facility staff, family members or legal any time during, after, or in lieu of lodging representatives. Staff shall take an informal complaint. reasonable steps to expedite requests for assistance from these other parties. In preparing and pursuing a grievance, the facility administrator, or designee, shall 2) Another detainee, facility staff, family ensure procedures are in place to provide the member, legal representative or non­ assistance to detainees with impairments or governmental organization may assist disabilities, interpretation/translation in the preparation of a grievance with a services for detainees who do not speak detainee’s consent. adequate English, and assistance for a) If the detainee claims that the issue detainees with limited literacy. is sensitive or that his/her safety or Facility grievance procedures shall be well-being may be jeopardized if communicated to a detainee in a language or others in the facility learn of the manner the detainee can understand. All grievance, the detainee must: written materials provided to detainees shall x describe in the grievance the be translated into Spanish. Where reason for circumventing standard practicable, provisions for written procedures; and translation shall be made for other x be given the right to seal the significant segments of the population with grievance in an envelope clearly limited English proficiency. marked “sensitive” or “medically Staff shall provide the number of forms and sensitive,” and submit it directly envelopes requested by the detainee. Within to the facility administrator, reason, detainees are not limited in the administrative health authority or number of forms and envelopes they may designee. request. b) Each grievance form shall be Each facility shall establish three levels of delivered by authorized facility formal grievance review. These reviews shall personnel (not detainees) without consist of: 1) GO review; 2) grievance appeals being read, altered or delayed. board (GAB) review; and 3) appellate review. b. Grievance Process ICE will issue guidance on the designation of representatives and additional guidelines for 1) GO review conducting hearings. a) Designated GO shall conduct the

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initial adjudication of a formal or x nature of the grievance; informal grievance. x name of the GO that conducted b) Detainee shall be provided with a the initial adjudication; written or oral response within five x date decision provided to detainee; days of receipt of the grievance. and c) GO or designee shall note the x outcome of the adjudication. grievance log with the following information: e) Officials previously involved in adjudicating the grievance shall not x date grievance filed; participate on the GAB. x name of detainee that filed f) If the grievance involves a medical grievance; issue, at least one member of the x nature of the grievance; GAB shall be a medical professional. x date decision provided to detainee; g) If the outcome of the appeal is and unfavorable to the detainee, the GAB shall forward the grievance and all x outcome of the adjudication. supporting documentation to the 2) GAB review facility administrator within 24 a) The detainee shall have the option to hours of issuing a decision. file an appeal if the detainee is 3) Appellate Review dissatisfied with a GO decision, and a) The detainee shall have the option to shall be informed of that option. file an appeal if the detainee is b) The designated members of the GAB dissatisfied with a GAB decision, and shall review and provide a decision shall be informed of that option. on the grievance within five days of b) The facility administrator, in some receipt of the appeal. The GAB shall cases in conjunction with the Field not include any individuals named in Office Director, shall review the the grievance. grievance appeal and issue a decision c) The GAB shall issue a written within five days of receipt of the decision to the detainee in all cases. appeal. A written decision shall be d) The GAB shall note the grievance log issued to the detainee in all cases with the following information: and forwarded to the Field Office Director. x date appeal filed; c) The appellate reviewer shall note the x name of detainee that filed grievance log with the following grievance; information:

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x date appeal received; include the following information: x name of detainee that filed x date grievance filed; grievance; x name of detainee that filed grievance; x nature of the grievance; x nature of the grievance; x basis of the GAB decision; x date decision provided to detainee; and x date decision provided to detainee; x outcome of the adjudication. and Medical grievances shall be maintained in the

x outcome of the adjudication. detainee’s medical file.

d) Facilities shall allow any ICE/ERO Facility staff shall assign each grievance a detainee dissatisfied with the log number, enter it in the space provided on facility’s response to a grievance or the detainee grievance form, and record it in those fearing retaliation to be able to the detainee grievance log in chronological appeal or communicate directly with order, according to the following stipulations: ICE/ERO. 1. the log entry number and the detainee 4. Medical Grievances grievance number must match; Formal written grievances regarding medical 2. the log shall include the receipt date and care shall follow the same procedures per the disposition date; and section “3. Formal Written Grievances” above, and shall be submitted directly to 3. nuisance or petty grievances and medical personnel designated to receive and grievances rejected or denied must also be respond to medical grievances at the facility. logged with the appropriate notation and Medical grievances may be submitted in a justification (for example, “petty”). sealed envelope clearly marked “medically A copy of the grievance disposition shall be sensitive.” placed in the detainee’s detention file and Designated medical staff shall act on the provided to the detainee within five days. grievance within five working days of receipt ICE may audit grievance logs and individual and provide the detainee a written response cases as often as necessary to ensure of the decision and the rationale. This record compliance with the established grievance shall be maintained per the following section procedures and to assess the implementation “D. Record-Keeping and File Maintenance.” of decisions within the facility. The ICE D. Record-Keeping and File Maintenance Office of Professional Responsibility may conduct trend analysis to determine the Each facility shall maintain a detainee nature of grievances being filed across ICE grievance log that shall be subject to regular facilities, resources expended on their inspection by the Field Office Director and resolution and outcomes. ICE headquarters staff. Documentation shall

6.2 | Grievance System 398 PBNDS 2011 (As Modified by February 2013 Errata)

E. Established Pattern of Abuse of the If the GO designated to receive grievances Grievance System believes the grievance is one that should not be fully processed, he or she shall document If a detainee establishes a pattern of filing that determination and refer the grievance to nuisance complaints or otherwise abusing the GAB for second-level review. If the GAB the grievance system, the facility concurs, the grievance shall be logged in the administrator may identify that person, in detainee grievance log with “rejected” as the writing, as one for whom not all subsequent disposition, and a copy of the grievance shall complaints must be fully processed. be placed in the detainee’s detention file. However, feedback shall be provided to the detainee, and records shall be maintained of F. Allegations of Staff Misconduct grievances “rejected.” Upon receipt, facility staff must forward all For a detainee so identified by the facility detainee grievances containing allegations of administrator: staff misconduct to a supervisor or higher- level official in the chain of command. While 1. staff shall continue to attempt to resolve such grievances are to be processed through all informal oral grievances at the lowest the facility’s established grievance system, level possible, as described above; CDFs and IGSA facilities must also forward a 2. if designated staff at the facility’s first copy of any grievances alleging staff grievance system level make the initial misconduct to ICE/ERO in a timely manner determination that the grievance is one with a copy going to ICE’s Office of that should not be fully processed due to Professional Responsibility (OPR) Joint its frivolous nature, they shall forward the Intake Center and/or local OPR office for grievance to the next grievance level; appropriate action. 3. if staff at that level concurs that the G. Retaliation Prohibited grievance is frivolous, the grievance shall

be logged in the detainee grievance log Staff shall not harass, discipline, punish or showing the disposition (e.g., “rejected”), otherwise retaliate against a detainee who and a copy of the grievance shall be placed files a complaint or grievance or who in the detainee’s detention file; contacts the DHS Office of the Inspector General. 4. the facility’s written policy and procedures may also require that each rejected Actions are considered retaliatory if they are grievance be forwarded to the facility in response to an informal or formal administrator for review or concurrence; grievance that has been filed and the action and has an adverse effect on the resident’s life in the facility. 5. the designated final authority may decide to return the grievance to a lower level for Immediately following any indication or full processing. allegation of retaliation, the facility and

6.2 | Grievance System 399 PBNDS 2011 (As Modified by February 2013 Errata)

ICE/ERO shall conduct an investigation of evaluate compliance with this grievance alleged acts of retaliation in a timely standard and the associated grievance manner, and take all steps necessary to procedures; to assess the reasonableness of remedy any retaliation determined to have final decisions; and to generate data showing occurred. trends in the types of grievances, time frames H. Review of Detainee Grievances for resolution and outcomes at various facilities. Detainee grievances will also be The ICE Office of Detention Oversight may reviewed during ICE/ERO-initiated facility review on a periodic basis a statistical inspections. sampling of grievances at a facility to

6.2 | Grievance System 400 PBNDS 2011 (As Modified by February 2013 Errata)

6.3 Law Libraries and Practices”). 1. Detainees shall have access to a properly Legal Material equipped law library, legal materials and I. Purpose and Scope equipment (including photocopying resources) to facilitate the preparation of This detention standard protects detainees’ documents. rights by ensuring their access to courts, 2. Detainees shall have meaningful access counsel and comprehensive legal materials. (no less than five hours per week) to law This detention standard applies to the libraries, legal materials and equipment. following types of facilities housing ERO 3. **When requested and where detainees: resources permit, facilities shall x Service Processing Centers (SPCs); provide detainees meaningful access to x Contract Detention Facilities (CDFs); law libraries, legal materials and and related materials on a regular schedule and no less than 15 hours per x State or local government facilities used week. by ERO through Intergovernmental Service Agreements (IGSAs) to hold 4. Special scheduling consideration shall detainees for more than 72 hours. be given to detainees facing deadlines or time constraints. Procedures in italics are specifically required for SPCs, CDFs, and Dedicated IGSA 5. Detainees shall not be required to forgo facilities. Non-dedicated IGSA facilities recreation time to use the law library. must conform to these procedures or adopt, Requests for additional time to use the adapt or establish alternatives, provided law library shall be accommodated to the they meet or exceed the intent represented extent possible, including accommodating by these procedures. work schedules when practicable, including accommodating work schedules For all types of facilities, procedures that when practicable, consistent with the appear in italics with a marked (**) on the orderly and secure operation of the page indicate optimum levels of compliance facility. for this standard. 6. Detainees shall have access to courts and Various terms used in this standard may be counsel. defined in standard “7.5 Definitions.” 7. Detainees shall be able to have II. Expected Outcomes confidential contact with attorneys and The expected outcomes of this detention their authorized representatives in standard are as follows (specific person, on the telephone and through requirements are defined in “V. Expected correspondence.

6.3 | Law Libraries and Legal Material 401 PBNDS 2011 (As Modified by February 2013 Errata)

8. Detainees shall receive assistance where phone calls to legal representatives or to needed (e.g., orientation to written or obtain legal representation; and electronic media and materials; assistance x “5.7 Visitation,” in regard to visits from in accessing related programs, forms and attorneys, other legal representatives materials); in addition, detainees who are and legal assistants. illiterate, limited-English proficient or disabled shall receive appropriate special V. Expected Practices assistance. A. Law Library 9. Detainees in the Special Management Each facility shall provide a properly Unit (SMU) shall have access to legal equipped law library in a designated, well-lit resources and materials on the same basis room that is reasonably isolated from noisy as the general population. areas and large enough to provide reasonable 10. Detainees shall be notified of the facility’s access to all detainees who request its use. It rules on law libraries and legal material shall be furnished with a sufficient number through the detainee handbook. of tables and chairs to accommodate 11. The applicable content and procedures in detainees’ legal research and writing needs. this standard shall be communicated to B. Supervision the detainee in a language or manner the detainee can understand. The facility shall develop procedures that effectively prevent detainees from damaging, III. Standards Affected destroying or removing equipment, materials or supplies from the law library. This detention standard replaces “Access to Legal Material” dated 12/2/2008. Facilities are encouraged to monitor detainee use of legal materials to prevent vandalism. IV. References Supervision shall not be used to intimidate American Correctional Association, or otherwise impede detainees’ lawful use of Performance-based Standards for Adult the law library. Local Detention Facilities, 4th Edition: 4­ C. Hours of Access ALDF-6A-01, 6A-02, 6A-03, 6A-09, 2A-62. Each facility administrator shall devise a ICE/ERO Performance-based National flexible schedule that: Detention Standards 2011: 1. permits all detainees, regardless of x “5.1 Correspondence and Other Mail,” in housing or classification, to use the law regard to correspondence with attorneys library on a regular basis; and other legal representatives, judges, courts, embassies and consulates; 2. enables maximum possible use without interfering with the orderly operation of x “5.6 Telephone Access,” in regard to the facility (law library hours of operation 6.3 | Law Libraries and Legal Material 402 PBNDS 2011 (As Modified by February 2013 Errata)

shall generally be scheduled between demand. official counts, meals and other official Typewriters, with replacement ribbons, detention functions); carbon paper and correction tape may be 3. determines the number of detainees temporarily substituted for computers and permitted to use the law library at any printers only until such time as the facility given time; and can provide computers and printers, and if approved by ICE/ERO. However, typewriters 4. takes into consideration any rules and are not an adequate substitute if any library regulations that prohibit or regulate the materials listed in “Appendix 6.3.A: List of intermingling of differently classified Legal Reference Materials for Detention detainees. Facilities” are unavailable in hard copy and Each detainee shall be permitted to use the only available through electronic access on a law library for a minimum of five hours per computer. week. Detainees may not be forced to forego Consistent with the safety and security of their minimum recreation time in order to the facility, detainees shall be provided with use the law library (see standard “5.4 a means of saving any legal work in a secure Recreation”). Staff shall accommodate and private electronic format, password detainee requests for additional law library protected, so they may return at a later date time to the extent possible, and requests for to access previously saved legal work the accommodation of work schedules to the products. extent practicable, consistent with the orderly and secure operation of the facility, Each facility administrator shall designate and with special priority given to such an employee to inspect equipment daily, at a requests from detainees facing a court minimum, to ensure it is in good working deadline. order, and to stock sufficient supplies. D. Equipment E. Maintaining Up-to-Date Legal Materials

The law library shall have an adequate 1. Materials for Law Libraries number of computers and printers to support Each law library shall contain the materials the detainee population. Sufficient writing listed in “Appendix 6.3.A: List of Legal implements, paper, photocopiers and related Reference Materials for Detention Facilities” office supplies shall be provided to detainees (unless any are found to be out of print) and to prepare documents for legal proceedings, may also include the optional legal reference special correspondence or legal mail. The materials in “Appendix 6.3.B: Optional Legal law library shall also provide access to two- Reference Materials.” Each law library shall hole punches, folders, and, where also contain any materials provided to the appropriate, computer disk containers. A facility by ICE/ERO. sign-in sheet shall be maintained to a. Form of Materials establish fair and orderly use, based on

6.3 | Law Libraries and Legal Material 403 PBNDS 2011 (As Modified by February 2013 Errata)

1) Paper Publications If materials are provided on CD-ROM or in another electronic format, technical Facilities are encouraged to make assistance shall be provided. available paper versions of the materials listed in “Appendix 6.3.A: 2. Updating and Replacing Legal Materials List of Legal Reference Materials for Each facility administrator shall designate a Detention Facilities,” by ordering facility law library coordinator to be copies from the publisher. (See responsible for inspecting legal materials “Appendix 6.3.C: Publishers’ weekly, updating them, maintaining them in Addresses and Phone Numbers.” good condition and replacing them promptly Ordering information can also be as needed. The detainee handbook shall also obtained from the ICE Office of the provide detainees with information Principal Legal Advisor law librarian, regarding the procedure for notifying a at (202) 732-5000.) designated employee that library material is 2) LexisNexis CD Rom (or ICE/ERO­ missing, out of date, or damaged. approved equivalent) a. ICE/ERO Headquarters Coordinator As an alternative to obtaining and At ICE/ERO headquarters, the Detention maintaining the paper-based Standards Compliance Unit (DSCU) in the publications in “Appendix 6.3.A: List of Detention Management Division is Legal Reference Materials for Detention designated as the coordinator to assist Facilities,” facilities may make facilities and Field Offices in maintaining available in the law library the up-to-date law library materials. LexisNexis CD Rom provided by The ICE Office of the Principal Legal ICE/ERO containing the required Advisor (OPLA) will review and update publications. the contents of “Appendix 6.3.A: List of The facility administrator must certify Legal Reference Materials for Detention to the respective Field Office Director, Facilities” annually at a minimum. with verification from the Field Office Updated materials shall be provided as Director, that the facility provides soon as practicable after such materials detainees sufficient access to: are published. Facilities must take care to a) operable computers capable of ensure that the most updated statutes, running the LexisNexis CD ROM; regulations, and other required legal materials are in the library at all times. b) operable printers; ICE/ERO shall arrange a subscription to c) supplies for both; and the updating service, if available, for each d) instructions on basic use of the publication on the list. system. If anticipated updates are not received, or

6.3 | Law Libraries and Legal Material 404 PBNDS 2011 (As Modified by February 2013 Errata)

if subscriptions lapse, the facility If a facility receives published material, the administrator (or designee) shall seek facility administrator shall accept or decline assistance from the DSCU coordinator. this material based on considerations of usefulness and space limitations. If b. List of Publishers published materials related to immigration Information regarding updating can be law or procedures are declined, the facility obtained directly from the publishers in administrator shall notify the submitter and “Appendix 6.3.C: Publishers’ Addresses and the Field Office Director in writing of the Phone Numbers.” The ICE/ERO OPLA law reason(s). librarian can also provide updating 2. Unpublished Material information. If the facility receives any unpublished legal c. Procedures for Replacement of Materials material, the facility administrator shall When a facility receives replacement forward this material as soon as possible to supplements or other materials, the law the Field Office Director for review and librarian or other designated individual approval. Unpublished immigration-related shall dispose of the outdated ones. material can include intake questionnaires Damaged or stolen materials shall be from non-governmental legal service replaced promptly. In addition to provider organizations. conducting regular inspections, the facility Unpublished material must have a cover shall encourage detainees to report page that: missing or damaged materials. The facility a. identifies the submitter and preparer of may obtain replacements by contacting the material; the DSCU coordinator. b. clearly states that ICE/ERO did not If materials from outside organizations prepare and is not responsible for the need to be replaced, the facility shall contents; and contact ICE/ERO to obtain replacements from the submitting organization. c. provides the date of preparation. F. Materials from Outside Persons or If unpublished materials related to Organizations immigration law or procedures are declined, ICE/ERO will notify the facility Outside persons and organizations may administrator and the submitter in writing submit published or unpublished legal of the reason(s). Within 30 days of receipt of material for inclusion in a facility’s law the decision to deny the use of submitted library. If the material is in a language other material, the submitter may appeal the than English, an English translation must be ICE/ERO decision to the DSCU. ICE provided. headquarters will respond to the appeal in 1. Published Material writing within 30 days.

6.3 | Law Libraries and Legal Material 405 PBNDS 2011 (As Modified by February 2013 Errata)

G. Requests for Additional Legal Material the number required for ICE/ERO records and the number required for the detainee’s Detainees who require legal material not personal use shall determine the number of available in the law library may make a photocopies required. written request to the facility law library coordinator, who shall inform the Field Requests for photocopies of legal material Office of the request as soon as possible. may be denied only if: ICE/ERO will answer all requests within five 1. the document(s) might pose a risk to the business days of receipt. Requests from security and orderly operation of the detainees facing imminent deadlines for ER facility; proceedings will be responded to within two 2. copying would constitute a violation of any (2) business days of receipt. Requests for law or regulation; copies of court decisions will normally be 3. the request is clearly abusive or excessive; answered within three business days. or If the request is not approved, ICE/ERO 4. there are other legitimate security shall inform the submitter in writing of the reasons. reason for the denial. H. Photocopying Legal Documents Facility staff shall inspect documents offered for photocopying to ensure that they comply The facility shall ensure that detainees can with these rules. However, staff may not obtain at no cost to the detainee photocopies read a document that on its face is clearly a of legal material and special correspondence legal document involving that detainee. when such copies are reasonable and I. Assistance to Detainees necessary for a legal proceeding involving the detainee. This may be accomplished by 1. Assistance from Facility Staff providing detainees access to a copier, or by Facility staff shall provide assistance to making copies for detainees. detainees in accessing legal materials Detainees shall also be permitted to where needed (e.g. orientation to written photocopy grievances and letters regarding or electronic media and materials; conditions of confinement. Detainees shall assistance in accessing related programs, not be prohibited from photocopying sick call forms and materials). requests, disciplinary decisions, special 2. Assistance from Other Detainees needs forms, photographs, newspaper articles or other documents that are relevant The facility shall permit detainees to to the presentation of any type of assist other detainees in researching and immigration proceeding. preparing legal documents upon request, except when such assistance poses a The number of copies of documents to be security risk. Such assistance is voluntary, filed with a particular court, combined with and no detainee shall be allowed to charge 6.3 | Law Libraries and Legal Material 406 PBNDS 2011 (As Modified by February 2013 Errata)

a fee or accept anything of value for Office to determine appropriate further assistance. action. Facilities are encouraged to allow outside J. Personal Legal Materials volunteers and programs who train The facility shall permit a detainee to retain detainees to help other detainees to access all personal legal material upon admittance legal materials. to the general population or to The facility administrator may not provide Administrative Segregation or Disciplinary compensation to a detainee for Segregation units, unless retention of researching or preparing legal documents. materials creates a safety, security or 3. Assistance to Illiterate, Limited-English sanitation hazard. Proficient, and Disabled Detainees For a detainee with a large amount of Unrepresented illiterate, limited-English personal legal material, the facility shall proficient, or disabled detainees who wish make the following provisions. to pursue a legal claim related to their 1. A portion of the materials may be placed immigration proceedings or detention, and in a personal property storage area, with who indicate difficulty with the legal access permitted during designated hours. materials, must be provided assistance 2. The facility shall provide an explanation beyond access to a set of English-language to the detainee as to why the material law books. presents a safety, security or sanitation To the extent practicable, and consistent hazard. with the good order and security of the 3. Requests for access shall be granted as facility, efforts shall be made to assist all soon as feasible, but no later than 24 illiterate, limited-English proficient and hours after receipt of the request, unless disabled persons in using the law library. documented security concerns preclude Facilities shall establish procedures to action within that timeframe. meet this requirement, such as: 4. Detainees who have a documented, a. helping the detainee obtain assistance scheduled immigration hearing within 72 from other detainees with appropriate hours shall be provided access to their language, reading and writing abilities personal legal materials to the extent in using the law library; and practicable.

b. assisting in contacting pro bono legal- K. Law Library Access for Detainees in assistance organizations from the Special Management Units (SMUs) ICE/ERO-provided list. If such attempts are unsuccessful in Detainees housed in Administrative providing the detainee sufficient assistance, Segregation or Disciplinary Segregation the facility shall contact the ICE/ERO Field units shall have the same law library access

6.3 | Law Libraries and Legal Material 407 PBNDS 2011 (As Modified by February 2013 Errata)

as the general population, unless compelling Detainees security concerns require limitations. Ordinarily, a detainee is considered “indigent” Facilities may supervise library use by a if he/she has less than $15.00 in his/her detainee housed in an SMU, as warranted by account. Facilities shall make a the individual’s conduct. Violent or determination without unreasonable delay as uncooperative detainees may be temporarily to whether a detainee is indigent. denied access to the law library, as necessary The facility shall provide indigent detainees to maintain security and until such time as with free envelopes and stamps for domestic their behavior warrants resumed access. mail related to a legal matter, including Detainees who are temporarily denied access correspondence to a legal representative, a to the law library under such circumstances potential legal representative, or any court. shall be provided legal materials upon Requests to send international mail may also request. be honored. Detainees segregated for protection must be Indigent detainees may receive assistance provided access to legal materials. Such from local consular officials with detainees may be required to use the law international mail. As noted above in this library separately or, if that is not feasible, standard, envelopes and stamps are provided legal materials and a computer must be to indigent detainees for delivery of mail to brought to them upon request and they must consulates in the United States. be provided with assistance and have access to the list of the law library’s holdings. M. Notaries, Certified Mail and Miscellaneous Needs Associated With Denial of access to the law library must be: Legal Matters 1. supported by compelling security concerns; The facility shall provide assistance in a timely manner to any unrepresented 2. limited to the shortest duration required detainee who requests a notary public, for the safety, security and orderly certified mail, or other such services to operation of the facility; pursue a legal matter, if the detainee is 3. fully documented in the SMU housing unable do so through a family member, logbook; and friend or community organization. 4. documented, with reasons listed, in the If it is unclear whether the requested service detention file. is necessary, the respective ICE Office of The facility shall notify the Field Office every Chief Counsel shall be consulted. A reply time access is denied, and shall send a copy shall be received in a timely manner; of the proper documentation. pressing legal matters with a deadline shall be prioritized. L. Envelopes and Stamps for Indigent Telephone access for indigent unrepresented

6.3 | Law Libraries and Legal Material 408 PBNDS 2011 (As Modified by February 2013 Errata)

detainees requesting legal materials shall be and shall include the date and content of the in compliance with standard “5.6 Telephone most recent updates of all legal materials Access.” available to detainees in print and electronic N. Notice to Detainees media. O. Retaliation Prohibited The detainee handbook or supplement shall provide detainees the rules and procedures Staff shall not permit a detainee to be governing access to legal materials, subjected to reprisals, retaliation or including the following information: penalties because of a decision to seek 1. that a law library is available for detainee judicial or administrative relief or use; investigation of any matter, including but not limited to the following: 2. the scheduled hours of access to the law 1. the legality of his/her confinement; library; 2. the conditions of confinement or treatment 3. the procedure for requesting access to the while in detention; law library; 3. any issue relating to his/her immigration 4. the procedure for requesting additional proceedings; time in the law library (beyond the five­ hours-per-week minimum); 4. any allegation that the Government is denying rights protected by law; or 5. the procedure for requesting legal reference materials not maintained in the 5. any investigation conducted by the DHS law library; and Office for Civil Rights and Civil Liberties or the DHS Office of the Inspector 6. the procedure for notifying a designated General. employee that library material is missing or damaged; A detainee may be denied access to the law 7. the status of required access to computers, library or to legal material only in the event

printers and other supplies; and that the safety or security of the facility or detainee is a concern. 8. if applicable, that LexisNexis is used at A detainee shall not be denied access to law the facility and that instructions for its libraries and legal materials as a use are available. disciplinary measure, reprisal, retaliation or These policies and procedures shall also be penalty. posted in the law library, along with a list of the law library’s holdings. The list of the law library’s holdings shall be kept up to date,

6.3 | Law Libraries and Legal Material 409 PBNDS 2011 (As Modified by February 2013 Errata)

Appendix 6.3.A: List of Legal Annotated are available Reference Materials for Order from Thomson West Detention Facilities Title 8 is in six volumes Cost: $75.56 each; $604.48 for set Revised December 2007 Annual updates in usually March—pocket The information in “Appendix 6.3.A: List of parts $15.37 per volume. Legal Reference Materials for Detention 3. Code of Federal Regulations, Title Facilities,” Appendix 6.3.B: Optional Legal Reference Material” and “Appendix 6.3.C: 8, Aliens and Nationality Publishers’ Addresses and Phone Numbers” Codification of general and permanent rules was updated as of December 2007. All costs Published in the Federal Register are approximate and need to be verified before purchase. Further information may be Order from U.S. Government Bookstore: obtained from the publishers, whose names http://bookstore.gpo.gov/ PO Stock #869-060­ and addresses are provided in Appendix 00024-1 6.3.C: Publishers’ Addresses and Phone Cost: $63.00 Numbers.” Ordering and updating Published annually information can also be obtained from the ICE Office of the Principal Legal Advisor law 4. Bender’s Immigration and librarian, at (202) 732-5000. Nationality Act Set. 1. Constitution of the United States of Immigration and Nationality Act updated America: Analysis and Interpretation. quarterly Prepared by the Congressional Research One loose-leaf volume Service, Library of Congress, 1997. Order from LexisNexis Matthew Bender One hardbound volume and 2004 Publication number 132 Cost: $135.00 supplement. Renewal subscription $127.00 Order from U.S. Government Bookstore: 5. Bender’s Immigration Regulations http://bookstore.gpo.gov/ Service Cost: $215.00 Immigration and Nationality Regulations Updated: Supplements and revised editions updated monthly are published irregularly. Two loose-leaf volumes 2. United States Code, Title 8, Aliens Order from LexisNexis Matthew Bender and Nationality Publication Number 695 Individual Titles of the United States Code Cost: $324.00

6.3 | Law Libraries and Legal Material 410 PBNDS 2011 (As Modified by February 2013 Errata)

Annual Subscription $278.00 9. Guide for Immigration Advocates. 6. Administrative Decisions Under A manual covering the basics of immigration Immigration and Nationality Laws. law and researching immigration law; written as a simple guide for paralegals Board of Immigration Appeals (BIA) decisions consisting of bound volumes and One loose-leaf volume, published 2006 loose-leaf decisions: Order from Immigrant Legal Resource Bound Volumes: Volumes 1-23 (1940-2006) Center Per Set $1,625.00 Cost: $185.00 for non-profit Single Volumes Per Vol. $85.00 Updated: Published irregularly Interim Decisions 2006 (#3541) through 2007 10. Country Reports on Human Rights service (5/31/08) Practices w/ Binder(s) $175.00 Submitted by the Department of State to the Note: Precedent decisions (Vol. 8 and Committee on Foreign Affairs of the U.S. continuing) from the BIA are available at House of Representatives and the Committee http://www.usdoj.gov/eoir/vll/intdec/lib_indec on Foreign Relations of the U.S. Senate itnet.html Two paperbound volumes published 7. Immigration Law and Defense annually By the National Immigration Project of the Order from the U.S. Government Bookstore: National Lawyers Guild. http://bookstore.gpo.gov/ Third Edition, includes forms Cost: $78.00 Two loose-leaf volumes published 2001. Updated: Published annually Order from Thomson West Note: available electronically at www.state.gov/g/drl/rls/hrrpt/ Cost: $520.00 Updated: Annual subscription $338.28 11. Human Rights Watch— World Report 8. Immigration Law and Crimes One bound volume By the National Immigration Project of the National Lawyers Guild Order from Human Rights Watch, Publication Department: http://www.hrw.org One loose-leaf volume published 2006 Cost: $24.00 Order from Thomson West Updated: Annually Cost: $440.00 12. UNHCR Handbook on Procedures Updated: Annual subscription $297.40

6.3 | Law Libraries and Legal Material 411 PBNDS 2011 (As Modified by February 2013 Errata)

and Criteria for Determining Refugee Updated: Annual pocket parts $201.60 Status 17. Federal Habeas Corpus, Practice & One pamphlet, re-edited January 1992 Procedure, 5th Edition Download 61-page pamphlet from Two hardbound volumes published 2005, http://www.unhcr.org/ with current supplement Updated: Irregularly Order from LexisNexis Matthew Bender 13. Considerations for Asylum Officers Cost: $354.00 Adjudicating Asylum Claims from Updated: Annual pocket parts $71.00 Women 18. Federal Civil Judicial Procedure Immigration and Naturalization Service and Rules Memorandum May 26, 1995 Paperback volume Order from ICE/OPLA Law Librarian. Order from Thomson West 14. Affirmative Asylum Procedures Cost: $66.00 Manual Re-issued annually, usually in March. CIS, Office of International Affairs, Asylum Division 19. United States Code, Title 28, Rules, Appellate Procedure, Download from www.uscis.gov Pamphlets I + II 161-page manual, February 2003 Only the two softbound volumes contain the Updated: Irregularly U.S. Court of Appeals Rules 15. AILA’s Asylum Primer, 4th edition Order from Thomson West One softbound volume Cost: $38.00 each volume, $76.00 total Order from American Association of Updated: Annually, usually in June Immigration Lawyers 20. Federal Criminal Code and Rules Cost: $74.00 Paperback volume, 2007 Updated: Irregularly Order from Thomson West 16. Rights of Prisoners (3rd Edition), Cost: $72.00 by Michael B. Mushlin Updated: Published annually, usually in Three volumes published 2002 March Order from Thomson West 21. Criminal Procedure (Hornbook) by Cost: $386.00

6.3 | Law Libraries and Legal Material 412 PBNDS 2011 (As Modified by February 2013 Errata)

LaFave, Israel and King 25. Mexican Legal Dictionary and One volume, 2004 Desk Reference, by Jorge Vargas Order from Thomson West One Volume, 2003 Cost: $53.10 Order from Thomson West Updated: Published irregularly Cost: $70.00 22. Legal Research in a Nutshell (9th Updated: Published irregularly edition), by Cohen and Olson 26. Directory of Nonprofit Agencies Paperback volume, published 2007 that Assist Persons in Immigration Matters Order from Thomson West Bound booklet, last issued in 1997 Cost: $29.00 Order from National Immigration Law Updated: Published irregularly Center 23. Legal Research, Writing and Cost: $10.00 Analysis by Murray and DeSanctis Updated: Irregularly One volume, 2005 27. Other Translation Dictionaries Order from Thomson West To be selected by the facility administrator Cost: $40.00 or law librarian in accordance with the most Updated: Published irregularly common languages spoken by the respective 24. Black’s Law Dictionary, latest detainee population standard edition (8th edition, 2007) 28. Detainee Handbook and Detainee One volume, hardbound Orientation Materials Order from Thomson West 29. Self-help Materials. Cost: $67.00 Materials provided by outside organizations after clearance pursuant to the procedures Updated: Published irregularly described in Section V.F. of Standard 6.3.

6.3 | Law Libraries and Legal Material 413 PBNDS 2011 (As Modified by February 2013 Errata)

Appendix 6.3.B: Optional Legal Reference Materials Revised December 2007 1. Bender’s Immigration Case Reporter Decisions from Federal Court, BIA, AAU and BALCA from 1984 forward Three volumes and loose-leafs Order from LexisNexis Matthew Bender Publication Number 403 Cost: $812.70 Updated: Annual subscription $767.55

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Appendix 6.3.C: Publishers’ Los Angeles, CA 90019 Addresses and Phone Numbers http://www.nilc.org/ 213-938-6452 Revised December 2007 Thomson West AILA Publications 610 Opperman Drive P.O. Box 753 MS B-6M-N512 Waldorf MD 20604-0753 Eagan, MN 55123 www.aila.org Federal Government Sales: David 1-800-982-2839 Waldhauser Human Rights Watch 1-800-328-9352, Ext. 7118 Publications Department U.S. Government Printing Office 350 Fifth Ave., 34th Floor http://bookstore.gpo.gov/ NewYork, NY 10118-0329 1-866-512-1800 http://hrwpubs.stores.yahoo.net United Nations High Commissioner 1-212-216-1809 for Refugees (UNHCR) Immigrant Legal Resource Center 1775 K Street NW, Suite 300 1663 Mission Street, Suite 602 Washington, DC 20006 San Francisco, CA 94103 http://www.unhcr.org http://www.ilrc.org 202-296-5191 415-255-9499 William S. Hein & Co. LexisNexis Matthew Bender 1285 Main Street 1275 Broadway Buffalo, NY 14209-1987 Albany, NY 12204 http://www.wshein.com Federal Government Sales: Robert Raskin 1-800-828-7571 http://bookstore.lexis.com/bookstore/catalog Note 1-800-424-4200, Ext. 3610 West Publishing Company was bought by National Immigration Law Center Thomson, a Canadian corporation, and is now operated as Thomson West. This NILC Publications company purchased Clark Boardman & 1102 S. Crenshaw Blvd., Suite 101 6.3 | Law Libraries and Legal Material 415 PBNDS 2011 (As Modified by February 2013 Errata)

Callaghan, as well as a number of other Caution: Federal government pricing is small legal publishing companies. deeply discounted from prices found in the publishers general catalogs or websites. LexisNexis Matthew Bender was formed by Always use the federal government contacts the purchase of LexisNexis, Matthew Bender at privately-owned publishers. If none is Company, the Michie Company and listed, ask whether special federal pricing is Shepard’s-McGraw Hill, Inc. They are a available. AILA gives ICE the member division of Reed-Elsevier, a Dutch discount. corporation.

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6.4 Legal Rights Group II. Expected Outcomes Presentations The expected outcomes of this detention standard are as follows (specific I. Purpose and Scope requirements are defined in “V. Expected Practices”). This detention standard protects detainees’ rights by providing all detainees access to 1. Detainees shall have access to group information presented by authorized persons presentations on United States and organizations for the purpose of immigration law and procedures and all informing them of U.S. immigration law and other relevant issues related to the procedures. immigration court, appeals and removal processes, including a detainee’s legal Consistent with the security and orderly rights. operation of each facility, ICE/ERO encourages such presentations. All facilities 2. Persons and organizations requesting to are required to cooperate fully with make such group presentations shall be authorized persons seeking to make such able to obtain clear information about how presentations. to become authorized to provide legal rights group presentations, including This detention standard applies to the regularly scheduled presentations. following types of facilities housing ERO detainees: 3. Facility safety, security and good order shall be maintained. x Service Processing Centers (SPCs); 4. Detainees shall not be subject to reprisals, x Contract Detention Facilities (CDFs); retaliation or penalties for attending legal and rights group presentations. x State or local government facilities used 5. Detainees shall be able to communicate by ERO through Intergovernmental and correspond with representatives from Service Agreements (IGSAs) to hold the legal groups that make presentations detainees for more than 72 hours. at the facilities. Procedures in italics are specifically required 6. Detainees shall have access to for SPCs, CDFs, and Dedicated IGSA information and materials provided by facilities. Non-dedicated IGSA facilities legal groups. Organizations shall be must conform to these procedures or adopt, permitted to distribute information in adapt or establish alternatives, provided response to specific legal inquiries. they meet or exceed the intent represented by these procedures. 7. Detainees shall have access to group presentations by diplomatic Various terms used in this standard may be representatives. defined in standard “7.5 Definitions.”

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8. The applicable content and procedures of in making a group presentation on legal the facility’s rules on legal rights group rights must submit a written request to the presentations shall be communicated to ICE/ERO Field Office Director. ICE/ERO the detainee through the detainee shall accommodate, to the greatest extent handbook or supplement in a language or possible, the presenters’ need to amend the manner the detainee can understand. information contained in the written request 9. Detainees shall be notified of all scheduled to reflect the changes that may have presentations at least 48 hours in occurred since the initial request was made, advance. including, but not limited to, distribution materials, informational posters, languages All written materials provided to and participants. detainees shall generally be translated into Spanish. Where practicable, Requests must be submitted to ICE/ERO at provisions for written translation shall be least ten (10) days in advance of the made for other significant segments of the proposed presentation. The ICE/ERO Field population with limited English Office Director may allow a presentation to proficiency. take place on shorter notice at his or her discretion, or when circumstances arise that Oral interpretation or assistance shall be compel presentations on shorter notice. provided to any detainee who speaks ICE/ERO will notify the approved presenter another language in which written ten days in advance of the scheduled material has not been translated or who is presentation, or within one week of the illiterate. request having been made, whichever date is III. Standards Affected earlier. The written request must contain the This detention standard replaces “Group following information: Presentations on Legal Rights” dated 12/2/2008. 1. a general description of the intended audience; IV. References 2. a syllabus or outline of the presentation; American Correctional Association, 3. a list of any published or unpublished Performance-based Standards for Adult materials proposed for distribution in Local Detention Facilities, 4th Edition: 4­ accordance with “I. Written Materials” in ALDF-6A-04, 6A-06. this standard; V. Expected Practices 4. an informational poster as described in “E. A. Requests to Make Group Presentations Detainee Notification and Attendance” of on Legal Rights this standard; 5. a statement of the languages in which the Attorneys or legal representatives interested 6.4 | Legal Rights Group Presentations 418 PBNDS 2011 (As Modified by February 2013 Errata)

presentation will be conducted; to a scheduled legal rights group 6. the name, date of birth, social security presentation, ICE/ERO staff shall notify the

number (or passport number if social legal representative contact of the following security number is not available), characteristics of the detainee population: profession and specific function of each 1. number of immigration detainees in person requesting permission to enter the custody at the facility and the number of facility (including interpreters); residential areas (or “pods”) in which they 7. certification that each person making the are housed; presentation is an attorney, legal 2. countries of origin of those detainees; and representative, legal assistant or 3. gender breakdown of immigration interpreter; detainees. 8. a proposed date (or range of dates) for the When presentations are scheduled on short presentation; and notice, such as in response to an enforcement 9. a telephone number and contact person. action, the information above shall be 10. if a party contains more than four persons provided in full or partial form as available. (including legal assistants and ICE shall accept updated lists of presenters interpreters), a special request must be no less than five days prior to the made as described in “F. Who May presentation date. Present” of this standard. C. Scheduling Presentations In order for a legal assistant or law student Presentations must be scheduled during to help with the presentation, the normal visiting hours, excluding weekends supervising attorney must submit a letter in and holidays. If feasible, presentations may advance of the presentation, as described in be conducted daily, immediately before “F. Who May Present” of this standard. detainees’ first immigration court In order to distribute written materials, a appearances and/or under other presenter must apply for approval as circumstances, such as after an influx of described in “I. Written Materials” of this detainees subsequent to an ICE enforcement standard. action or a transfer of detainees from one B. Request Granted facility to another. Legal rights group presentations shall be accommodated to the If the request is granted, the Field Office greatest extent possible absent significant Director shall notify the facility logistical or security-related concerns. administrator, who shall telephone the listed To request ICE/ERO permission to conduct contact person to arrange a mutually additional presentations or for access to a acceptable date and time for the facility on a continuing basis, the requester presentation. Upon request, five days prior may include in its initial letter to the Field

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Office Director the request to make recurring English translation must be provided. The presentations for a set range of dates or an poster shall instruct detainees to contact the indefinite period. housing officer if they wish to attend. Facilities are not required to arrange Once approved by an ICE representative, presentations if attorneys or other legal designated facility staff shall prominently representatives make no requests, or if display the informational posters provided ICE/ERO does not approve any requests. by the presenter in housing units at least 48 D. Legal Orientation Programs (LOPs) hours before the scheduled presentation, and each housing unit officer shall provide a Though similar to legal rights group sign-up sheet at least 48 hours in advance of presentations, legal orientation programs a presentation for detainees who plan to (LOPs), as carried out by the Department of attend; however, detainees that fail to sign Justice Executive Office for Immigration up shall not be deprived of the opportunity to Review (EOIR), are distinct, government- attend a presentation for that reason. sponsored programs and are authorized by Detainees who are not literate shall be congressional appropriation. The specific verbally notified in a language he/she requirements and procedures outlined in this understands about such presentations. standard may not apply to LOPs. EOIR Disabled and limited-English proficient carries out LOPs through contracts with non­ detainees shall be notified in a language or governmental organizations (NGOs), and in manner he/she understands about such consultation with ICE/ERO. As such, EOIR presentations. and ICE/ERO may establish separate program operation plans for an LOP at each The facility administrator may limit the detention site. number of detainees attending a single session based on the number of interested EOIR LOPs operate in a limited number of detainees or the need to separate groups of ICE/ERO facilities and, subject to available detainees for safety and security. Therefore, funding, shall be developed and implemented the presenter must be prepared to conduct in other facilities as designated by both several presentations, and shall be advised EOIR and ICE/ERO. to contact the facility administrator the day E. Detainee Notification and Attendance before the presentation to determine the The requestor must provide a one-page number of sessions that shall be required. poster (no larger than 8.5 by 11 inches) to Presentations shall be open to all detainees, inform detainees of the general nature and regardless of the presenter’s intended contents of the presentation, the intended audience, except when a particular audience and the language(s) in which the detainee’s attendance may pose a security presentation shall be conducted. For poster risk. ICE/ERO and /or facility staff shall text in languages other than English, an notify detainees in segregation in advance of

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legal rights group presentations and provide request. these detainees an opportunity to attend. If G. Entering the Facility the attendance of a detainee in segregation would pose a security risk, staff shall make Facility staff shall require each person arrangements with the presenters to offer a seeking entry to present an official form of separate presentation and individual picture identification (e.g., driver’s license or consultation to the detainee. Prior to the state identification card). Attorneys must visit of the presenters, ICE/ERO and/or also present state-issued bar cards or, in facility staff shall notify presenters of any states where these are not available, other detainees in segregation who request an proof of bar membership. If such individual presentation and consultation. documentation is not readily available to attorneys licensed in a particular state, they F. Who May Present must indicate where they are licensed as One or more legal assistants may assist with attorneys and how that may be verified prior a presentation if the supervising attorney to their approval for admittance. Provided and/or legal representative: the presenter has made a special request, the facility may admit interpreters, supervised 1. submits a letter identifying his/her legal law students and legal assistants to assist assistants and affirms that the legal attorneys and other legal representatives. assistant presence is directly related to the presentation; and The facility may require presenters to arrive at least 30 minutes before the scheduled 2. attends any presentation in which any start of the presentation. A presentation such assistant participates or prepares a should not be cancelled because presenters letter identifying the presenter(s) and arrive late, if the late arrival does not affirming that the supervisory present an issue with maintaining the good relationship directly relates to the order of the facility or security or safety presentation. concerns. The facility shall admit properly identified After check-in, facility staff shall escort the interpreters to assist the presenters in presenters to the presentation site and shall accordance with the standards on “2.4 escort the detainees to that location. Facility Security and Control” and “5.7 Visitation.” ICE/ERO is not responsible for H. Presentation Guidelines providing interpreters for presenters. The facility shall select and provide a private As a general rule, presentation parties may environment that is conducive to the not exceed four persons, including legal presentation and is consistent with the assistants, supervised law students and security and good order of the facility. Once interpreters; however, a facility may waive detainees have been assembled, presenters this rule upon advance receipt of a written shall ordinarily be granted a minimum of

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one hour for the presentation and additional English, an English translation must be time for a question-and-answer session. The provided. facility administrator may extend that time Distribution of other than ICE-approved period on a case-by-case basis. material or material that poses a threat, real The facility shall require presenters to abide or suspected, to the security and good order by all rules and regulations applicable to of the facility, constitutes grounds for visitors to the facility. Presentations must be discontinuation of presentation privileges. conducted in a manner consistent with the The volume of materials to be distributed security and orderly operation of the facility. must be kept to a minimum. If the facility Presenters may neither charge any fee nor administrator determines they are too solicit business for remuneration during any voluminous for distribution at the presentation. presentation, they may be made available to At their discretion, ICE/ERO and/or facility detainees in the facility’s law library. staff may observe and monitor presentations, Presenters shall distribute materials at the assisted by interpreters as necessary. presentation to detainees and ICE/ERO ICE/ERO and facility personnel shall not and/or facility staff simultaneously. At the interrupt a presentation, except to maintain request of the presenter and with the safety and security, or if the allotted time requisite approval in accordance with has expired. standard “6.3 Law Libraries and Legal I. Written Materials Material,” copies of presentation materials may be included in the law library. If approved in advance by ICE/ERO, presenters may distribute brief written J. Individual Counseling Following a Group materials that inform detainees of U.S. Presentation immigration law and procedure. The request Following a group presentation, the facility for approval of a presentation must list any shall permit presenters to meet with small published or unpublished materials proposed groups of detainees to discuss their cases as for distribution, and the requestor must long as meetings do not interfere with provide a copy of any unpublished material, facility security and orderly operations. with a cover page that: ICE/ERO and facility staff may not be present 1. identifies the submitter and the preparer during these meetings. Standard “5.7 of the material; Visitation” sets forth the rules and procedures 2. includes the date of preparation; and for “Visits by Legal Representatives and 3. states clearly that ICE/ERO did not Legal Assistants.” prepare, and is not responsible for, the K. Suspension or Termination contents of the material. The facility may discontinue or temporarily If any material is in a language other than

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suspend group presentations by any or all and approve these presentation(s) prior to presenters, if: dissemination. If ICE/ERO approves an 1. the presentation or presenters pose an electronic presentation(s), the originators unreasonable security risk; may provide that presentation to individual detention facilities for viewing by detainees. 2. the presentation or presenters interfere 1. Requesting ICE/ERO Approval with the facility’s orderly operation; The requestor must submit the electronic 3. the presentation deviates materially from presentation(s), along with a transcript in approved presentation materials or English and in the language(s) used in the procedures; or presentation(s), to both the Field Office 4. the facility is operating under emergency Director and the respective ICE Office of conditions. Chief Counsel. ICE/ERO may object to all or The facility administrator shall notify the part of the electronic presentation(s) if: affected presenters in writing of the reasons a. the material may present a threat to the for termination or suspension, and shall send facility’s safety, security or good order; a copy to the respective ICE/ERO Field b. the presentation contains misleading or Office Director. inaccurate statements of ICE/ERO policy, A presenter may appeal a suspension or immigration procedure or law; or termination in writing to the Field Office c. any part is inconsistent with this Director. The Field Office Director shall detention standard. promptly consider the appeal and consult with the respective ICE Office of Chief 2. Detainee Viewing of Approved Electronic Counsel and the facility administrator to Presentations determine means of addressing the concerns The facility shall provide regularly scheduled causing the suspension/termination. and announced opportunities for detainees to Within 30 days of receiving the appeal, the view or listen to electronic presentation(s). Field Office Director shall inform the At a minimum, the presentation shall be presenter in writing of the decision made on made available to the general population any appeal request, and shall explain the once a week. The facility shall also provide rationale behind the decision and the means, detainees in administrative or disciplinary if any, to rectify the situation. segregation for more than one week at least one opportunity to view pre-approved L. Electronic Presentations presentation(s) during their placement in ICE/ERO encourages qualified individuals segregation, unless precluded by security and organizations to submit electronically concerns regarding a particular detainee. formatted presentations (e.g., videotape, The facility may also make such electronic DVD) on legal rights. ICE/ERO must review presentations available in the law library, if

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accessible through computer (e.g. DVD electronic copies of the presentation(s) are format), for detainee viewing. stolen, destroyed or otherwise become unusable, the facility shall promptly request Each facility shall present only ICE/ERO­ that ICE/ERO obtain replacement copies of approved electronic presentations on the presentation(s) from the originator. The detainee legal rights. If it is not technically facility shall check the operability of the feasible to show such pre-approved electronic presentation once a week at minimum. presentations, the facility shall contact ICE/ERO for equipment options. An electronic presentation shall not be considered a replacement or substitute for an The facility shall maintain electronically- in-person or live presentation, when formatted presentations and equipment in available. good condition. However, in the event that

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1. A detention file shall be maintained on 7.1 Detention Files each detainee admitted to a detention I. Purpose and Scope facility for more than 24 hours. 2. Each detention file shall include all This detention standard contributes to documents, forms and other information efficient and responsible facility specified herein. management by maintaining, for each detainee booked into a facility for more than 3. The security and confidentiality of each 24 hours, a file of all significant information detention file and its contents shall be about that detainee. This standard also maintained. addresses security for electronic files. 4. Staff shall have access to detention files as This detention standard applies to the needed for official purposes only. following types of facilities housing ERO 5. Information from a detention file shall be detainees: released to an outside third party only x Service Processing Centers (SPCs); with the detainee’s signed release-of­ information consent form, consistent with x Contract Detention Facilities (CDFs); the resources and security of the facility. and Any release of information shall be in x State or local government facilities used accordance with applicable federal and by ERO through Intergovernmental state regulations. Service Agreements (IGSAs) to hold 6. Electronic record-keeping systems and detainees for more than 72 hours. data shall be protected from unauthorized Procedures in italics are specifically required access. for SPCs, CDFs, and Dedicated IGSA 7. Field Offices shall maintain detention files facilities. Non-dedicated IGSA facilities for a minimum of 18 months after release must conform to these procedures or adopt, of the detainee, for auditing purposes. adapt or establish alternatives, provided they meet or exceed the intent represented 8. Closed detention files shall be properly by these procedures. archived. Various terms used in this standard may be III. Standards Affected defined in standard “7.5 Definitions.” This detention standard replaces “Detention II. Expected Outcomes Files” dated 12/2/2008. The expected outcomes of this detention IV. References standard are as follows (specific American Correctional Association, requirements are defined in “V. Expected Performance-based Standards for Adult Practices”). Local Detention Facilities, 4th Edition: 4­

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ALDF-7D-19, 7D-20, 7D-21. 7D-22. detainee’s detention file should be Privacy Policy Guidance Memorandum shredded, or a locked paper bin in which Number 2007-1 “DHS Privacy Policy such defective and/or extra photocopies Regarding Collection, Use, Retention and that are not placed in the detention file Dissemination of Information on Non-U.S. should be placed to be shredded or Persons” from the DHS chief privacy officer otherwise destroyed. (1/19/2007). B. Required Contents of File

ICE/ERO Performance-based National 1. The detainee detention file shall contain Detention Standards 2011: “2.5 Funds and either originals or copies of all forms and Personal Property.” other documents generated during the V. Expected Practices admissions process. Defective or extra copies shall be disposed of properly. If A. Creation of a Detainee Detention File necessary, the detention file may include copies of material contained in the When a detainee is admitted to a facility, detainee’s A-File. staff shall create a detainee detention file as part of admissions processing. The file shall, at a minimum, contain the following documentation: 1. For every new arrival whose stay shall exceed 24 hours, a designated officer shall a. I-385, Alien Booking Record, with one create a detainee detention file. or more original photograph(s) attached; 2. The officer completing the admissions portion of the detention file shall note that b. Classification Work Sheet; the file has been activated. The note may c. Personal Property Inventory Sheet; take the form of a generic statement in the d. Housing Identification Card; acknowledgment form described below in this standard. e. G-589, Property Receipt or facility equivalent; and 3. The facility administrator shall develop procedures to ensure the admissions f. I-77, Baggage Check(s). processing unit always has on hand all The file shall also contain the following necessary supplies and that equipment is original documents, if used in the facility: maintained in good working order,

including photocopier(s) and paper. The g. acknowledgment form, documenting equipment shall have the capacity to receipt of handbook, orientation, locker handle the volume of work generated. key, etc.;

4. The facility shall always have on hand a h. work assignment sheet; paper shredder where defective and/or i. identifying marks form; and extra photocopies not placed in the j. original detainee summary form. 7.1 | Detention Files 426 PBNDS 2011 (As Modified by February 2013 Errata)

2. The detainee’s detention file shall also need to be securable if located in a contain documents generated during the controlled access area; however, if the detainee’s time in the facility. cabinet is located in a congested work area C. Additions to File or in a high traffic area, it must be locked; 3. The Chief of Security or equivalent shall During the course of the detainee’s stay at determine the key distribution for file the facility, staff shall add documents cabinets that lock; and associated with normal operations to the detainee’s detention file. Such 4. Archived files shall be placed in storage documentation may include, but is not boxes, with the dates covered clearly limited to, the following: marked (e.g., from [mm/dd/yy] to [mm/dd/yy]). The facility administrator 1. special requests; shall designate a restricted access storage 2. any G-589s or facility equivalent, or I-77s space. closed-out during the detainee’s stay; E. Archiving Files 3. disciplinary forms; Each detention file shall remain active 4. grievances, except medical grievances during the detainee’s stay at a facility, and which are maintained in the medical file, shall be closed and archived upon the complaints and their disposition; detainee’s transfer, release or removal. When 5. all forms associated with disciplinary or requested, IGSA facilities shall make administrative segregation; inactive detention files available to ICE/ERO personnel. 6. strip search forms; 1. Upon the detainee’s release from the 7. other documents, as needed, e.g., staff facility, staff shall add final documents to reports about the detainee’s behavior, the file before closing and archiving the attitude, commendations; and file and after inserting the following: 8. any privacy waivers, including release-of­ a. copies of completed release documents; information consent forms.

D. Location of Files b. the original closed-out receipts for property and valuables; and Detainee detention files shall be located and c. the original I-385 and other maintained in a secured area. documentation. 1. Active detainee detention files shall be 2. The officer closing the detention file shall maintained in the admissions processing make a notation (on the acknowledgement area, unless the facility administrator form, if applicable) that the file is designates another area; complete and ready for archiving. 2. The cabinet containing the files does not 3. The closed detention file shall not be

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transferred with the detainee to another records systems as covered by the Privacy facility. However, staff may forward copies Act establishes efficient and uniform of file documents at the request of business practices for handling PII supervisory personnel at the receiving without necessitating maintenance of two facility or office. When forwarding parallel records systems. requested documents, staff at the sending 2. Appropriate staff or other law office shall update the archived file, noting enforcement agencies with ICE approval the document request and the name and may have access to the detention file for title of the requester. official purposes. 4. The archival and disposal of files must be 3. Staff shall accommodate all requests for done in accordance with agency policies detainee detention files from other and regulations. departments that require the material for F. Access to File official purposes, such as disciplinary hearings. A representative of the 1. Detention file contents are subject to the department requesting the file is same Privacy Act regulations as A-file responsible for obtaining the file, logging contents. Unless release of information is it out and ensuring its return. Unless the required by statute or regulation, a Chief of Security or equivalent determines detainee must sign a release-of­ otherwise, each borrowed file must be information consent form prior to the returned by the end of the administrative release of any information, and a copy of workday. the form shall be maintained in the detainee’s detention file. This information At a minimum, a logbook entry recording contained in the form shall be explained to the file’s removal from the cabinet shall the detainee in a language or manner include the following information: which he/she understands. a. the detainee’s name and A-File number; The Privacy Act of 1974 provides statutory b. date and time removed; privacy rights to U.S. citizens and Legal c. reason for removal; Permanent Residents (LPRs), but the law does not cover aliens who are not legal d. signature of person removing the file, permanent residents. As a matter of including title and department; policy, however, DHS treats any e. date and time returned; and personally identifiable information (PII) that is collected, used, maintained or f. signature of person returning the file. disseminated in a DHS records system as 4. Upon request by the detainee, the being subject to the Privacy Act regardless detention file shall be provided to the of whether the information pertains to a detainee or his/her designated attorney of U.S. citizen, LPR or alien. Treating such record.

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G. Electronic Files months for auditing purposes. Generally, such records contain information about more Electronic record-keeping systems and data than one detainee, and are most easily shall be protected from unauthorized access. retrieved by process or subject, rather than All electronic data on individual detainees is by individual detainee. subject to the same Privacy Act regulations as the contents of traditional paper detention For some purposes, records are most easily files and A-files. retrieved by the detainee’s name. While some such material may duplicate materials Unless release of information is required by maintained in the facility detention files, statute or regulation, a detainee must sign a there is no intention to create a duplicate file release-of-information consent form prior to for IGSA contract facilities. the release of any information, and a copy of the form shall be maintained in the Some detention standards require that detainee’s detention file. copies of certain documents on individual H. Field Office Responsibilities detainees be sent to Field Offices. Especially where approval of the Field Office Director or Field Offices shall maintain files as needed designee is required, records of to carry out their responsibilities, and shall correspondence and approvals or denials are retain all inactive files for a minimum of 18 to be maintained in the A-file.

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7.2 Interviews and Tours 2. The privacy of detainees and staff, including the right of a detainee to not be I. Purpose and Scope photographed or recorded, shall be protected. This detention standard ensures that the public and the media are informed of events III. Standards Affected within the facility’s areas of responsibility This detention standard replaces provisions through interviews and tours. on media visits and tours that were removed This detention standard applies to the from the detention standard on “Visitation” following types of facilities housing ERO dated 12/2/2008. detainees: IV. References x Service Processing Centers (SPCs); American Correctional Association, x Contract Detention Facilities (CDFs); Performance-based Standards for Adult and Local Detention Facilities, 4th Edition: 4­ x State or local government facilities used ADLF-7D-21, 7F-01. by ERO through Intergovernmental Service Agreements (IGSAs) to hold V. Expected Practices detainees for more than 72 hours. A. News Media Interviews and Tours Procedures in italics are specifically required 1. General for SPCs, CDFs, and Dedicated IGSA facilities. Non-dedicated IGSA facilities ICE/ERO supports the provision of public must conform to these procedures or adopt, access to non-classified, non-sensitive and adapt or establish alternatives, provided non-confidential information about its they meet or exceed the intent represented operations in the interest of transparency. by these procedures. Access will not be denied based on the political or editorial viewpoint of the Various terms used in this standard may be requestor. defined in standard “7.5 Definitions.” ICE/ERO also has a responsibility to protect II. Expected Outcomes the privacy and other rights of detainees, including the right of a detainee to not be The expected outcomes of this detention photographed or recorded. standard are as follows (specific requirements are defined in “V. Expected By regulating interviews in the detention Practices”). setting, the facility administrator ensures the secure, orderly and safe operation of the 1. The public and the media shall be facility. Interviews by reporters, other news informed of operations and events within media representatives, non-governmental the facility’s areas of responsibility. organizations, academics and parties not

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included in other visitation categories in certain electronic media outlets, online standard “5.7 Visitation” shall be permitted media publications and other media access to facilities only by special freelance journalists or bloggers. arrangement and with prior approval of the 3. Media Visits and Tours respective ICE/ERO Field Office Director. Media representatives may request advance ICE may designate Public Affairs Officers appointments to tour those facilities, (PAO) to serve in Field Offices as liaisons according to the following stipulations. with media representatives for some or all requests and communications covered by this a. To tour an SPC or CDF, visitors will standard. contact the Field Office Director or the 2. Media Representatives Assistant Field Office Director assigned to the facility. The Chief of Security shall be The term “media representative” is intended responsible for implementing the to refer to persons whose principal necessary security procedures. employment is to gather, document or report news for any of the following entities: b. To tour an IGSA facility, visitors will contact the Field Office Director a. a newspaper that circulates among the responsible for that area of responsibility, general public and publishes news of a who will in turn notify the facility. Local general interest (e.g., political, religious, facilities’ policies and procedures shall commercial or social affairs): govern. b. a news magazine with a national Visitors will abide by the policies and circulation sold to the general public by procedures of the facility being visited or newsstands and mail subscriptions; toured. Visitors must obtain advance c. a national or international news service; permission from the facility administrator and Field Office Director before taking d. a radio or television news program of a photographs in or of any facility. Detainees station licensed by the Federal have the right not to be photographed (still, Communications Commission (FCC); or movie or video), and not to have their voices e. other representatives or entities that recorded by the media. Thus, the facility gather information in accordance with the administrator shall advise both visitors and definition of “representative of the news detainees that use of any detainee’s name, media” contained in the Freedom of identifiable photo or recorded voice requires Information Act (5 U.S.C. § that individual’s prior permission. Such 552(a)(4)(A)(ii)) as amended by section 3 of permission will be recorded by the visitor’s P.L.110-175. completion of a signed release from the In addition to those persons listed above, detainee before photographing or recording such representatives may include, but are the detainee’s voice. The original form shall not limited to, individuals reporting for be filed in the detainee’s A-file with a copy

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placed in the facility’s detention file. Authorization” provides a sample news interview authorization form that may be If the presence of video, film or audio used. The original of the form shall be filed equipment or related personnel poses a in the detainee’s A-file with a copy in the threat to the safety or security of the facility, facility’s detention file. Detainees should not its staff or its detainees, the Field Office be pressured or coerced out of granting the Director may limit or prohibit such access. interview request, nor should the facility in Prior to the tour, the Field Office Director any way retaliate against a detainee for shall explain the terms and guidelines of the lawful communication with a member of the tour to the visitors. media or a member of the public. During and after an emergency, or when ICE/ERO shall normally act in writing indications exist that extra security within 48 hours of the written request. measures may be needed due to a possible Possible reasons for disapproval may disturbance in the facility, the Field Office include, but are not limited to, the following Director may suspend visits for an situations. appropriate period. 4. Personal Interviews a. The news media representative or news organization he/she represents or the A media representative or member of the visitor does not agree to the conditions public, including non-governmental established by this policy or has organizations and academics, planning to previously failed to abide by them. conduct a personal interview at a facility shall submit a written request to the b. The detainee is physically or mentally responsible Field Office Director, preferably unable to participate, as indicated by the 48 hours prior to, and no less than 24 hours statement of a medical officer (a mental prior to, the time slot requested. The Field health specialist may verify mental Office Director may waive the 24-hour rule if incapacity, substantiating the reason for convinced of the need for urgency. disapproval). Through facility staff, the Field Office c. The Field Office Director finds it probable Director shall inform the detainee of the that the proposed interview may endanger interview request. Before the Field Office the health or safety of the interviewer, Director considers the interview request, the cause serious unrest within the facility or detainee must then indicate his/her disturb the orderly and secure operation of willingness to be interviewed by signing a the facility. consent form. The original written consent d. The detainee is involved in a pending shall be filed in the detainee’s A-file, and a court action and the court with copy shall be placed in the facility’s detention jurisdiction over the matter has issued a file. gag rule or the Field Office Director, after “Appendix 7.2.A: News Interview consultation with the respective ICE 7.2 | Interviews and Tours 432 PBNDS 2011 (As Modified by February 2013 Errata)

Office of Chief Counsel, thinks the shall notify all media representatives with proposed interview could affect the pending or requested interviews, tours or outcome of the court case. visits that, effective immediately and until further notice, all media representatives If the requesting party believes the request must comply with the press pool guidelines was unfairly or erroneously denied, the established by the Field Office Director. requesting party may contact ICE/ERO headquarters. All material generated from such a press pool must be made available to all news Interviews shall take place during normal media, without right of first publication or business hours in a location determined by broadcast. the facility administrator. The facility administrator shall provide a location The press pool shall comprise one member conducive to the interviewing activity, each from the following groups: consistent with the safety, security and good a. a television outlet (for video); order of the facility. The Field Office Director may limit the number of interviews with a b. a radio network outlet; particular detainee to a reasonable number c. a print outlet; and per month. Further, if interviews are d. a still photographer. imposing a serious strain on staff or facility resources, the Field Office Director may Each group shall choose its representative restrict the time allotted for interviews. for the press pool. The Field Office Director shall, upon request, provide the media For facility safety and security, ICE/ERO information about a detainee, provided such reserves the right to monitor, but not information is a matter of public record and participate in, detainee interviews. not protected by privacy laws, Department of A media representative interested in touring Homeland Security policy, or ICE/ERO the facility and photographing or recording policy. Security and safety concerns for staff any other detainees in conjunction with an and detainees require that specific removal- individual interview must follow all related data remain confidential. applicable requirements and procedures, and 6. Special Conditions for Media Representatives shall indicate this interest at the time of his/her request for an interview. To be approved to interview or visit a detainee or tour an ICE facility, the media 5. Press Pools representative must certify that he/she is A press pool may be established when the familiar with and accepts the rules and PAO, Field Office Director and facility regulations governing media conduct. He/she administrator determine that the volume of must at all times comply with those rules interview requests warrants such action. and regulations. In such an event, the Field Office Director Media representatives shall collect

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information only from a primary source(s), All requests shall be forwarded to the Field and shall neither solicit nor use personal Office for review. When deciding whether to information from one detainee about another approve or deny the request, the Field Office who is unwilling to be interviewed. Director, or his or her designee, will take into consideration safety and security, and the A media request may not delay or otherwise availability of personnel to staff the tour, interfere with the admission, in-processing, visitation, or tour with visitation. All tour or or departure of any detainee. Routine visit participants will be expected to submit processing of ICE detainees shall take personal information required by applicable precedence over media interviews. ICE policies, so the Field Office can perform B. Non-Governmental Organization (NGO) background checks as necessary. and Other Agency Stakeholder Facility When requesting visitation or a tour with Tours, Visitation, or Tours with visitation, stakeholders may pre-identify any Visitation detainee with whom they may wish to speak ICE detention facilities will maintain an by providing ICE with a list of specific open and transparent approach to detainees in advance. Stakeholders are not immigration detention through managed required to pre-identify a detainee(s) with access of stakeholders participating in whom they may wish to meet during their approved tours, visits, or tours with tour and/or visit. In order to meet with visitation. All tours and visits requests shall detainees who have not been pre-identified, be governed by this standard and other stakeholders shall provide to ICE a sign-up applicable ICE policies or procedures on sheet. NGO and/or stakeholder access to detention All stakeholders shall provide ICE a facilities. completed tour/visitation notification flyer All requests by NGOs and other stakeholders and a signed ICE Stakeholder Visitor Code of (which include, but are not limited to, Conduct. community service organizations, If the tour/visit is approved, the facility shall intergovernmental entities, faith-based post both the ICE sign-up sheet and the ICE organizations, members of academia, and stakeholder tour/visit notification flyer at legal groups (e.g., pro bono legal service least 48 hours in advance of the tour or provider groups)) for tours, visits, or tours visitation in appropriate locations (e.g., with visits must be submitted in writing to message boards, housing areas). The facility the local ICE/ERO Field Office supervising staff may also make appropriate oral the facility or the ICE Office of State, Local announcements to detainees about the and Tribal Coordination (OSLTC). Tour upcoming tour/visit (e.g., announcement requests should not be directed to the during meal times). The facility staff is not facility. required to inform a detainee’s attorney that a stakeholder will tour/visit the facility or for 7.2 | Interviews and Tours 434 PBNDS 2011 (As Modified by February 2013 Errata)

overseeing the content of the consent form or stakeholders touring and/or conducting ensuring that the detainee and the visitation with detainees shall maintain stakeholder have completed it. proper and appropriate decorum, adhere to applicable ICE and facility standards, and On the day of the visitation, the facility staff may be asked to sign a code of conduct form. shall give the NGO or stakeholder access to pre-identified detainees and/or to detainees This Standard does not apply to (1) Legal who have signed up in advance to speak with Orientation Program or Know Your Rights the stakeholder. The facility staff shall presentation providers; (2) law firms, arrange for the visitation to occur in a pre­ organizations, or sole attorney practitioner determined common area or space. providing or seeking to provide legal representation; and (3) health care The facility staff may maintain a physical practitioners with a request from a presence in the meeting room to maintain detainee’s counsel to conduct an examination safety and security. relevant to the detainee’s case. To ensure security and avoid any disruptions in daily operations, all NGOs and other

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Appendix 7.2.A: News Interview Authorization Form Date: ______Name of detainee: ______A-number: ______Facility/Location: ______Name of News Media Representative: ______Address of Media Represented: ______Consent for Interview

I, the above-named detainee, do hereby freely give permission to the above-named news media representative to interview me on or about ______(date), and hereby authorize the news media represented by this person to use any information gathered about me during this interview for any legitimate purpose. I further authorize U.S. Immigration and Customs Enforcement (ICE) and its authorized representatives to release to representatives of the news media any documents or information relating to allegations or comments made by me in this interview. Detainee’s Signature: ______Witness’ Signature: ______Witness’ Title: ______Refusal for Interview

I, the above-named detainee, refuse permission to the above-named news media representative to interview me. Detainee’s Signature: ______Witness’ Signature: ______Witness’ Title: ______Consent for Recordings and Photos

I, the above-named detainee, do freely give permission to the above-named news media representative to make recordings of my voice during this interview and to make still, movie or video photos of me, and authorize the use of such pictures or recordings for any legitimate purpose by the news media represented by this person. Detainee’s Signature: ______

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Witness’ Signature: ______Witness’ Title: ______

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7.3 Staff Training Practices”). 1. Before assuming duties, each new I. Purpose and Scope employee, contractor, or volunteer will be This detention standard ensures that facility provided an orientation to the facility and staff, contractors and volunteers are the ICE/ERO detention standards. competent in their assigned duties by 2. All part-time staff and contract personnel requiring that they receive initial and shall receive formal orientation training ongoing training. appropriate to their assignments. Any Other detention standards may include part-time, volunteer, or contract personnel additional training requirements specific to working more than twenty hours per week each standard. shall receive training appropriate to their position and commensurate with their This detention standard applies to the full-time colleagues. following types of facilities housing ERO detainees: 3. Training for staff, contractors, and volunteers will be provided by instructors x Service Processing Centers (SPCs); who are qualified to conduct such training. x Contract Detention Facilities (CDFs); 4. Staff and contractors who have minimal and detainee contact (such as clerical and x State or local government facilities used other support staff) will receive initial and by ERO through Intergovernmental annual training commensurate with their Service Agreements (IGSAs) to hold responsibilities. detainees for more than 72 hours. 5. Professional, support, and health care Procedures in italics are specifically required staff and contractors who have regular or for SPCs, CDFs, and Dedicated IGSA daily contact with detainees, or who have facilities. Non-dedicated IGSA facilities significant responsibility involving must conform to these procedures or adopt, detainees, will receive initial and annual adapt or establish alternatives, provided training commensurate with their they meet or exceed the intent represented position. by these procedures. 6. Security staff and contractors will receive Various terms used in this standard may be initial and annual training commensurate defined in standard “7.5 Definitions.” with their position. II. Expected Outcomes 7. Facility management and supervisory staff and contractors will receive initial The expected outcomes of this detention and annual training commensurate with standard are as follows (specific their position. requirements are defined in “V. Expected 8. Personnel and contractors assigned to any

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type of emergency response unit or team ALDF-7B-05 through 7B-17, 7C-01, 7C-03. will receive initial and annual training ICE/ERO Performance-based National commensurate with these responsibilities Detention Standards 2011: “7.2 Interviews including annual refresher courses or and Tours.” emergency procedures and protocols. 9. Personnel and contractors authorized to V. Expected Practices use firearms will receive appropriate A. Overview of Training training before being assigned to a post The facility administrator shall ensure that involving their use and will demonstrate the facility conducts appropriate orientation, competency in firearms use at least initial training and annual training for all annually. staff, contractors and volunteers, consistent 10. Personnel and contractors authorized to with this standard and with appropriate use chemical agents and electronic control assessment measures. devices will receive thorough training in The facility administrator shall contact the their use and in the treatment of local ICE/ERO Field Offices for access to individuals exposed to a chemical agent. relevant DHS training resources, such as 11. Security staff and contractors will be DHS Office for Civil Rights and Civil trained in self-defense and use-of-force Liberties training modules. procedures to include confrontation The amount and content of training shall be avoidance and emergency protocols. consistent with the duties and function of 12. New staff, contractors, and volunteers each individual and the degree of direct will acknowledge in writing that they supervision that individual shall receive. have reviewed facility work rules, ethics, The facility administrator shall assign at regulations, conditions of employment, least one qualified individual, with and related documents, and a copy of the specialized training for the position, to signed acknowledgement will be coordinate and oversee the staff development maintained in each person’s personnel and training program. At minimum, training file. personnel shall complete a 40-hour training­ III. Standards Affected for-trainers course. This detention standard replaces “Staff The training coordinator shall develop and Training” dated 12/2/2008. document a facility training plan that is reviewed and approved annually by the IV. References facility administrator and reviewable by American Correctional Association, ICE/ERO. The facility administrator shall Performance-based Standards for Adult ensure that: Local Detention Facilities, 4th Edition: 4­ 1. training is conducted by trainers certified

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in the subject matter—this is particularly 7. signs of suicide risk, suicide precautions, important in life-safety subject areas such prevention, and intervention as firearms, chemical agents, self-defense, 8. use of force force and restraints, emergency response, first aid and CPR; 9. key and lock control 2. each trainee shall be required to pass a 10. tour of the facility written or practical examination to ensure 11. staff rules and regulations the subject matter has been mastered— 12. sexual abuse/sexual misconduct this is particularly important in life-safety awareness and reporting subject areas such as firearms, chemical agents, self-defense, force and restraints, 13. hostage situations and staff conduct if emergency response, first aid and CPR, taken hostage and in areas of ethical conduct; C. Initial and Annual Training

3. the formal training received by each Each new employee, contractor, and trainee shall be fully documented in volunteer shall be provided initial and permanent training records; and annual training appropriate to their 4. formal certificates of completion shall be assignments. While tailored specifically for issued and kept in the appropriate facility staff, contractors, and volunteers, the files. training programs shall include, at a B. Initial Orientation minimum: 1. Employees and contractors who have Each new employee, contractor, and minimal detainee contact and no volunteer shall be provided training prior to significant responsibilities involving assuming duties. While tailored specifically detainees: for staff, contractors, and volunteers, the orientation programs shall include, at a a. ICE/ERO detention standards update minimum: b. cultural and language issues including 1. ICE/ERO detention standards requirements related to limited English proficient detainees 2. cultural and language issues, including requirements related to limited English c. requirements related to detainees with proficient detainees disabilities and special needs detainees 3. requirements related to detainees with d. code of ethics disabilities and special needs detainees e. staff rules and regulations 4. code of ethics f. key and lock control 5. drug-free workplace g. signs of suicide risk, suicide 6. emergency plans and procedures precautions, prevention, and 7.3 | Staff Training 440 PBNDS 2011 (As Modified by February 2013 Errata)

intervention m. use-of-force regulations h. drug-free workplace n. hostage situations and staff conduct if taken hostage i. health- related emergencies o. report writing j. emergency plans and procedures p. detainee rules and regulations k. sexual abuse and sexual misconduct awareness q. key and lock control l. hostage situations and staff conduct if r. rights and responsibilities of detainees taken hostage s. safety procedures

2. Professional and support employees, t. emergency plan and procedures including contractors, who have regular or daily detainee contact: u. interpersonal relations a. ICE/ERO detention standards v. communication skills b. cultural and language issues including w. cardiopulmonary resuscitation requirements related to limited English (CPR)/First aid proficient detainees x. counseling techniques c. requirements related to detainees with 3. Full-time health care employees and disabilities and special needs detainees contractors d. security procedures and regulations In addition to the training areas above, e. sexual harassment and sexual the health-care employee training misconduct awareness (including the program shall include instruction in the contents of standard “2.11 Sexual following: Abuse and Assault Prevention and a. medical grievance procedures and Intervention”) protocols f. appropriate conduct with detainees b. emergency medical procedures g. code of ethics c. occupational exposure h. health-related emergencies d. personal protective equipment i. drug-free workplace e. bio-hazardous waste disposal j. supervision of detainees f. overview of the detention operations k. signs of hunger strike 4. Security personnel l. signs of suicide risk, suicide In addition to the training areas above, precautions, prevention, and instruction for security personnel shall intervention include:

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a. Searches of detainees, housing units, use before being assigned to a post and work areas involving their possible use. b. Self-defense techniques All personnel authorized to use firearms must demonstrate competency in their use c. Use-of-force regulations and tactics at least annually. 5. Situation Response Teams (SRTs) D. Continued Education and Professional Members of SRTs shall receive specialized Development training before undertaking their assignments. Employees should be encouraged to continue their education and professional 6. Personnel authorized to use firearms development. Personnel authorized to use firearms will receive training covering use, safety, and care of firearms and constraints on their

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7.4 Detainee Transfers representative-of-record will be the responsibility of ICE/ERO. I. Purpose and Scope 3. The detainee shall be informed of the This detention standard is written to ensure transfer orally and in writing in a that transfers of detainees from one facility language or manner that he/she can to another are accomplished in a manner understand, immediately prior to that ensures the safety and security of the transport. staff, detainees, and the public; and that the 4. Transportation staff, as well as sending process relating to transfers of detainees is and receiving facility staff, shall have carried out professionally and responsibly accurate and complete records for each with respect to notifications, detainee transferred detainee. records, and the protection of detainee funds 5. Transfers of detainees shall be and property. accomplished safely and securely. Various terms used in this standard may be 6. Detainees shall be transferred with defined in standard “7.5 Definitions.” appropriate medication(s) and medical II. Expected Outcomes and referral information to ensure continuity of care with the receiving The expected outcomes of this detention facility’s medical services. standard are as follows (specific requirements are defined in “V. Expected 7. Transferred detainee funds, valuables and Practices”). other personal property shall be safeguarded and transported in 1. Decisions to transfer detainees are made compliance with standards “1.3 by the Field Office Director or his/her Transportation (by Land),” “2.1 Admission designee on the basis of complete and and Release” and “2.5 Funds and Personal accurate case information and principles Property.” set forth in the ICE/ERO Detainee

Transfers Directive and other applicable 8. The applicable content and procedures in ICE/ERO policies. All detainee transfers this Standard shall be communicated to and transfer determinations shall be the detainee in a language or manner the based on a thorough and systematic detainee can understand. review of the most current information All written materials provided to available by ICE/ERO. detainees shall generally be translated 2. The legal representative-of-record shall be into Spanish. Where practicable, notified as soon as practicable, but no later provisions for written translation shall be than 24 hours after the detainee is made for other significant segments of the transferred, in accordance with sound population with limited English security practices. Contacting the legal proficiency.

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Oral interpretation or assistance shall be ICE/ERO policies. provided to any detainee who speaks 2. Attorney notifications relative to detainee another language in which written transfers are the responsibility of material has not been translated or who is ICE/ERO, which will make attorney illiterate. notifications in accordance with the ICE III. Standards Affected Detainee Transfers Directive and other applicable ICE/ERO policies. The legal This detention standard replaces “Transfer representative-of-record shall be notified as of Detainees” dated 12-2-2008 soon as practicable, but no later than 24 IV. References hours after the detainee is transferred, in accordance with sound security practices. American Correctional Association 4th Contacting the legal representative-of­ Edition, Standards for Adult Detention record will be the responsibility of Facilities: 4-ALDF-2A-23, 1B-06, 4C-05, 4C­ ICE/ERO. 40, 4D-27, 6A-07, 7D-19, 7D-20. B. Responsibilities of the Sending Facility National Commission on Correctional Health – Notifications Care, Standards for Health Services in Jails,

2008 1. Communications with IC ICE/ERO Performance-based National A detainee may not be transferred from Detention Standards 2011: any facility without the appropriate I-203 (Notice to Detain or Release) or I-216 x “1.3 Transportation (by Land)”; (Record of Person and Property Transfer) x “2.1 Admission and Release”; that authorizes the detail. If the facility administrator or his or her designee x “2.5 Funds and Personal Property”; believes that a scheduled transfer of a x “4.3 Medical Care”; and detainee should not take place, the facility x “4.4 Medical Care (Women).” administrator shall notify ICE/ERO prior to the transfer. ICE/ERO Detainee Transfers Directive 2. Detainee Notification V. Expected Practices Immediately prior to transfer, the sending A. Responsibilities of ICE/ERO facility shall ensure that the detainee is informed, in a language or manner he or 1. Decisions to transfer detainees are made she can understand, that he or she is by the Field Office Director or his or her being transferred to another facility and is designee on the basis of complete and not being removed (if applicable). accurate case information and principles set forth in the ICE/ERO Detainee a. The sending facility shall ensure that Transfers Directive and other applicable specific plans and time schedules are

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not discussed with detainees and that sending facility staff shall notify the following notification, the detainee: facility health care provider so that the health care provider can prepare a medical 1) is not permitted to make or receive transfer summary sheet and the detainee’s any telephone calls until the detainee full medical records to accompany the reaches the destination facility; and transfer. The facility health care provider 2) does not have contact with any shall be notified sufficiently in advance of detainee in the general population the transfer that medical staff may until the detainee reaches the determine and provide for any associated destination facility. medical needs. b. At the time of the transfer, the sending 4. Preparation for Transfer, Notification to facility shall provide the detainee, in Escorting Officers writing, the name, address, and a. The sending facility shall ensure that a telephone number of the facility to properly executed I-203 or I-216 which he or she is being transferred, accompanies the transfer. using the attached Detainee Transfer Notification Form. b. The sending facility shall ensure that escorting officers are advised of any c. The sending facility shall ensure that security considerations relative to the detainee acknowledges, in writing, detainees to be transported so that that: escorting officers can take necessary 1) he or she has received the transfer precautions. destination information; In SPCs, CDFs, and IGSAs with a 2) it is his or her responsibility to notify sufficient ICE/ERO onsite presence, the family members if so desired, upon authorized ICE official shall check records admission into the receiving facility; and ascertain if the detainee has a and criminal history, is dangerous or has an 3) he or she may place a domestic phone escape record. Any information of an call, at no expense to the detainee, adverse nature shall be clearly indicated upon admission into the receiving on the G-391 and the escorting officers facility. shall be warned to take the necessary precautions. d. The sending facility will place a copy of the Detainee Transfer Notification 5. Food and Water during Transfer Form in the detainee’s detention file. Food and water shall be provided in 3. Notification to the Health Care Provider accordance with the detention standard on transportation by land. The sending Upon receipt of an authorization to facility is responsible for the preparation transfer a detainee from ICE/ERO, the and delivery of proper meals prior to 7.4 | Detainee Transfers 445 PBNDS 2011 (As Modified by February 2013 Errata)

departure. (PPD) with the test dates, and chest C. Responsibilities of the Health Care x-ray results if the detainee has Provider at the Sending Facility received a positive PPD reading; 2) current mental and physical health 1. Transfer of the Detainee’s Medical Record status, including all significant a. When a detainee is transferred within health issues; the ICE Health Service Corps (IHSC) 3) current medications, with specific system, ICE/ERO shall ensure that: instructions for medications that 1) Form USM-553, or equivalent must be administered en route; Medical Transfer Summary, and a 4) any pending medical or mental copy of the detainee’s full medical health evaluations, tests, procedures, record accompanies the detainee; and or treatments for a serious medical 2) the full medical record is placed in a condition scheduled for the detainee sealed envelope or other container at the sending facility; and labeled with the detainee’s name and 5) the name and contact information of A-number and marked "MEDICAL the transferring medical official. CONFIDENTIAL." 3. Notification of Medical/Psychiatric Alerts b. When a detainee is transferred to an or Holds IGSA detention facility, the sending facility shall ensure that the Transfer Upon receiving notification that a Summary accompanies the detainee. A detainee is to be transferred, appropriate copy of the full medical record must medical staff at the sending facility shall accompany each detainee during notify the facility administrator of any transfer unless extenuating medical/psychiatric alerts or holds that circumstances make this impossible, in have been assigned to the detainee, as which case the full medical record will reflected in the detainee’s medical records. follow as soon as practicable. The facility administrator shall be responsible for providing notice to 2. Medical Transfer Summary ICE/ERO of any medical/psychiatric alerts a. The sending facility’s medical staff shall or holds placed on a detainee that is to be prepare a Medical/Mental Health transferred. Transfer Summary that must 4. Medical Holds accompany the detainee. Either Form USM-553 or a facility-specific form may If a detainee has been placed in a medical be used, provided it shows: hold status, the detainee must be evaluated and cleared by a licensed 1) tuberculosis (TB) clearance, independent practitioner (LIP) prior to including Purified Protein Derivative transfer. If the evaluation indicates that

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transfer is medically appropriate but that D. Responsibilities of the Sending Facility health concerns associated with the Relative to Detainees’ Property Prior to transfer remain, medical staff at the Transport sending facility shall notify ICE and shall provide ICE requested information and Before transferring a detainee, the sending other assistance, to the extent practicable, facility’s processing staff shall ensure that all to enable ICE to make appropriate funds and small valuables are properly transfer determinations. documented on the G-589 and I-77 or equivalent. 5. Medical Escort 1. Funds and Small Valuables The CMA or designee must inform the facility administrator in writing if the Before transfer, the sending facility shall detainee’s medical or psychiatric condition return all funds and small valuables to the requires a medical escort during transfer. detainee and close out all Forms G-589 (or local IGSA funds and valuables receipts) 6. Medications in accordance with the Detention a. Prior to transfer, medical staff shall Standard on Funds and Personal provide the transporting officers Property. instructions and, if applicable, During transport, a detainee shall medication(s) for the detainee’s care in ordinarily have the following items in his transit. or her possession; however, items that b. Medical staff shall ensure that the might present a security risk or are detainee is transferred with, at a particularly bulky may be transported minimum, seven (7) days worth of separately in the vehicles’ storage area, prescription medications (for TB personal items include: medications, up to 15 days’ supply) to x Cash guarantee the continuity of care throughout the transfer and subsequent x All legal material intake process. x Small valuables such as jewelry c. Medication shall be: x Address books, phone lists, 1) placed in a property envelope labeled correspondence with the detainee’s name and A- x Dentures, prescription glasses number and appropriate x Small religious items administration instructions; x Photos 2) accompany the transfer; and x Similar small personal property items. 3) if unused, turned over to the receiving medical personnel. The receiving facility shall create a new G-589 (or local IGSA funds and valuables 7.4 | Detainee Transfers 447 PBNDS 2011 (As Modified by February 2013 Errata)

receipt) during admissions in-processing providing the detainee written notice in in accordance with the Detention accordance with the ICE/ERO standard Standard on Funds and Personal operating procedures. Property. c. If the detainee cannot provide an appropriate address because one does 2. Large Valuables, Excess Luggage, and not exist, the detainee shall keep the Other Bulky Items property receipts for the stored items, Detainee access to large items of personal and the facility shall store the property property during transport is prohibited; and notify the receiving facility in however, ordinarily, all items stored at the writing that the transferring facility sending facility shall accompany the requires notice, before the detainee’s transferee to the receiving SPC, CDF or, release or further transfer, to ensure in most cases, the receiving IGSA facility. the detainee receives the stored If the property accompanies the detainee, property. in accordance with the Detention E. Responsibilities of the Transporting Standard on “Funds and Personal Officer Property”: 1. The transporting officer may not transport a. The sending facility shall close out all a detainee without the required Forms G-589 (or local IGSA property documents, including: receipt forms), and a. the Medical Transfer Summary; an b. The receiving facility shall create a new G-589 and I-77 (or local IGSA property b. a properly executed Form I-203 or I­ receipt forms) during admissions in- 216., or equivalent form. processing. If the full medical record is not available If the receiving facility does not accept at the time of transfer, the transporting excess, oversized or bulky belongings officer shall notify his/her supervisor, who (including, but not limited to, suitcases, will notify ICE/ERO and record same in cartons, televisions, etc.), the sending the processing transfer log. facility shall: 2. The transporting officer shall review the a. Arrange to store the property information for completeness and to make elsewhere; or process the excess sure that he or she has the supplies property in accordance with ERO required to provide any in-transit care standard operating procedures. that is indicated. b. If the detainee refuses to provide an appropriate mailing address, or is 3. Any transportation officer who reviews the financially able but unwilling to pay for Medical Transfer Summary shall protect shipping, notify ICE/ERO. ICE/ERO the privacy of the detainee’s medical may dispose of the property after information to the greatest extent

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possible, and may not share medical or Field Office, all detainees must be information unless necessary to safely offered the opportunity to make one fulfill transportation responsibilities. domestic three-minute phone call at no 4. The Transporting Officer is responsible for cost to the detainee. delivering the Medical Transfer Summary 2. The responsible processing supervisor or to personnel at the receiving facility and his/her designee shall ensure that the shall advise them of any medications detainee is informed promptly that he or provided to the detainee in transit. she may notify interested persons of the 5. The receiving facility must report any transfer. The offer to make a domestic exceptions to the ICE/ERO Field Office call, as referenced above, will be and the Deputy Assistant Director, documented and signed by processing staff Detention Management Division. and by the detainee. A copy of the documentation verifying that a detainee F. Post Transfer Activities was offered a three-minute phone call will 1. After admission into the receiving facility be filed in the detainee’s detention folder.

7.4 | Detainee Transfers 449 PBNDS 2011 (As Modified by February 2013 Errata)

DEPARTMENT OF HOMELAND SECURITY

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT DETAINEE TRANSFER NOTIFICATION

DETAINEE NAME ______A# ______

NATIONALITY ______

TRANSFER DESTINATION

NAME OF NEW FACILITY ______

ADDRESS ______

______

______

TELEPHONE NUMBER ______

I hereby acknowledge that I have received the transfer destination information. I have also been notified that it is my responsibility to notify family members, if I so desire, and that I will be provided with one free phone call when I arrive at my destination.

DETAINEE SIGNATURE ______A#______DATE ______

OFFICER SIGNATURE ______DATE ______

7.5 Definitions Admission/Admissions Process In-processing of newly arrived detainees, A-File, Alien File which includes an orientation to the policies, The legal file maintained by DHS for each programs, rules and procedures of the detainee. Contents include but are not facility. Classification, assignment of living limited to the detainee’s identification quarters, various inspections, medical documents (passport, driver’s license, other screening and safeguarding of funds, identification cards, etc.), photographs, valuables and other personal property is immigration history, prior criminal record if completed during this process. any, and all documents and transactions Ambulatory Restraints relating to the detainee’s immigration case. “Soft” or “hard” equipment used to restrict a ACA detainee’s movement but leaving him or her American Correctional Association. able to eat, drink or attend to basic bodily Administrative Health Authority functions without staff intervention. The administrative authority is responsible Ammunition Control Officer (ACO) for all access to care, personnel, equipment An individual who has been designated in and fiscal resources to support the delivery of writing as the officer responsible for the health care services. physical and administrative control of Administrative Segregation ammunition in the authorizing official’s area of accountability. A non-punitive form of separation from the general population used for administrative Body-cavity Search reasons. Administrative segregation is The visual inspection or physical probing of available only to ensure the safety of body openings (anus, vagina, ears, nose, detainees or others, the protection of mouth, etc) where weapons, drugs, or other property, or the security or good order of the contraband could be secreted. This is the facility, as determined by a facility most intrusive means of searching an administrator or supervisor. Administrative individual, reserved for instances where segregation may be available, among other other search techniques have been reasons, for detainees awaiting considered but rejected as ineffective under investigations or hearings for violations of the particular circumstances of the case. facility rules, detainees scheduled for Body-cavity search procedures govern release, removal, or transfer within 24 hours, physical probes, but not visual inspections. and, under more limited circumstances, For example, the procedures would not be detainees who require protective custody or appropriate for a visual inspection of the separation from the general population for inside of the mouth, nose, or ears, unless medical reasons. contraband is found during the course of that

7.5 | Definitions 451 PBNDS 2011 (As Modified by February 2013 Errata)

inspection. Body-cavity procedures apply may vary according to the type of facility whenever contraband is found, because (SPC, CDF, or IGSA) and local facility titles. retrieving/seizing the item will involve Ordinarily, a Chief of Security (chief physical entry into or probing within the detention enforcement agent, captain, etc.) is cavity (in this example, the mouth, nose, or organizationally directly under an assistant ear). or associate facility administrator. Caustic Chronic disease Capable of burning, corroding, eroding or An illness or condition that affects an destroying by chemical action. individual’s well being for an extended Census Check interval, usually at least six months, and generally is not curable but can be managed See Informal Count. to provide optimum functioning within any Chain of Command limitations the condition imposes on the individual. Order of authority (rank); executive, senior management, senior staff, etc. The position Chronic disease program (care clinic) titles may vary according to the type of Incorporates a treatment plan and regular facility (SPC, CDF, or IGSA) and local clinic visits. The clinician monitors the facility titles. The on-site order of authority patient’s progress during clinic visits and, at a detention facility descends from the when necessary changes the treatment. The facility administrator to assistant or program also includes patient education for associate facility administrators to symptom management. department heads to shift supervisors and other supervisors. Similarly, the ICE/ERO Class R (Restricted) Tools chain-of-command at a detention facility Devices to which detainees are forbidden descends from the officer–in-charge (OIC) to access except in the presence and constant the associate OIC to the chief detention supervision of staff for reasons of safety or enforcement officer/Chief of Security, security. Class R includes devices that can be detention operations supervisor, etc. used to manufacture or serve as weapons Chemical capable of doing serious bodily harm or structural damage to the facility. All A substance with a distinct molecular portable power tools and accessories are in composition produced by or used in a this category. Class R also includes ladders chemical process. and other such items that are not inherently Chief of Security dangerous but could prove useful in unauthorized activities, such as escape A generic term for the department head in attempts. charge of a detention facility’s security employees and operations. The position titles Classification

7.5 | Definitions 452 PBNDS 2011 (As Modified by February 2013 Errata)

A process used to make housing and program Contraband assignments by assessing detainees on the Any unauthorized item in the facility: illegal, basis of objective information about past prohibited by facility rules, or otherwise behavior, criminal records, special needs, etc. posing a threat to the security or orderly Clinical Director (CD) operation of the facility. This includes unauthorized funds. A designated individual licensed to practice medicine and provide health services with Contract Detention Facility (CDF) final responsibility for decisions related to A facility that provides detention services medical judgments. A CD and CMA are under a competitively bid contract awarded equivalent positions. by the ICE. Clinical Medical Authority (CMA) Control Office The medical authority is responsible for the An officer who directs security activities from delivery of all health care services to the the Control Center. detainee population. These services include, but are not limited to, medical, nursing, Count Slip dental, mental health and nutritional Documentation of the number of detainees services. A CD and CMA are equivalent confirmed present during a population count positions. in a specific area, signed by the officers Combustible Liquid involved in the count. A substance with a flash point at or above Correspondence 100° Fahrenheit. Letters, postcards and other forms of written Commissary material not classified as packages or publications. Large envelopes containing An area or system where detainees may papers qualify as correspondence, but boxes, purchase approved items. sacks and other shipping cartons do not. Contact Visit Books, magazines, newspapers and other incoming printed matter are not A meeting between detainee and another “correspondence.” person authorized to take place in an area free of obstacles or barriers that prevent Criminal Alien physical contact. A foreign national convicted of one or more Container crimes. Any bag, barrel, bottle, box, can, cylinder, Dedicated IGSA Facility (Dedicated IGSA) drum, reaction vessel, storage tank, or other An IGSA facility that solely houses ICE vessel holding a hazardous chemical; does detainees. Also see “IGSA FACILITY” and not include pipes or piping systems. “INTERGOVERNMENTAL SERVICE

7.5 | Definitions 453 PBNDS 2011 (As Modified by February 2013 Errata)

AGREEMENT.” Disciplinary Committee) investigates a Detainee Handbook formal Incident Report and may impose minor sanctions or refer the matter to a The policies and procedures governing higher-level disciplinary committee. A detainee life in the facility: daily operations, higher-level committee (Institution rules of conduct, sanctions for rule violations, Disciplinary Panel) conducts formal hearings recreation and other programs, services, etc.; on Incident Reports referred from the lower defined in writing and provided to each level committee and may impose higher level detainee upon admission to the facility. sanctions for higher level prohibited acts. Detention File Also see Institution Disciplinary Panel. Contents include receipts for funds, Disciplinary Segregation valuables and other personal property; A punitive form of separation from the documentation of disciplinary action; reports general population used for disciplinary on detainee behavior; detainee’s written reasons. Disciplinary segregation is requests, complaints and other available only after a finding by a communications; official responses to disciplinary hearing panel that the detainee detainee communications; records from is guilty of a serious prohibited act or rule Special Management Unit, etc. violation. Dietician Dry Cell A professional trained in foods and the A cell or room without running water where management of diets (dietetics) who is a detainee can be closely observed by staff credentialed by the Commission on Dietetic until the detainee has voided or passed Registration of the American Dietetic contraband or until sufficient time has Association, or who has the documented elapsed to preclude the possibility that the equivalent in education, training, or detainee is concealing contraband. Dry cells experience, with evidence of relevant may be used when there is reasonable continuing education. suspicion that a detainee has ingested Disciplinary Hearing contraband or concealed contraband in a body cavity. Non-judicial administrative procedure to determine whether substantial evidence Emergency Changes supports finding a detainee guilty of a rule Measures immediately necessary to violation. maintain security or to protect the health Disciplinary Committee and safety of staff and detainees. One or more impartial staff members who Exposure/Exposed conduct and/or oversee a disciplinary Subjected or potentially subjected to a hearing. A lower-level committee (Unit hazardous substance by any means

7.5 | Definitions 454 PBNDS 2011 (As Modified by February 2013 Errata)

(inhalation, ingestion, skin contact, controlling, directing and evaluating Food absorption, etc.) Service Department operations. Face-to-photo Count Formal Count A process that verifies identity of each When the detainee population is assembled detainee by comparing every person present at specific times for attendance check, with the photographic likeness on his/her conducted in accordance with written housing card. procedures. Facility Administrator Four/Five-point Restraint A generic term for the chief executive officer A restraint system that confines an of a detention facility. The formal title may individual to a bed or bunk in either a supine vary (warden, Officer In Charge, sheriff, jail or prone position. Ordered by the facility administrator, etc.). administrator when a detainee’s Field Office Directory (FOD) unacceptable behavior appears likely to continue risking injury to self or others. Individual with chief responsibility for facilities in his assigned geographic area. Funds Firearms Control Officer (FCO) Cash, checks, money orders and other negotiable instruments. Individual designated responsible for the physical and administrative control of all General Correspondence firearms under the jurisdiction of the All correspondence other than “special authorizing official. correspondence.” Flammability Hazard General Population Has a flash point below 200 degrees Detainees whose housing and activities are Fahrenheit, closed cup, or is subject to not specially restricted. The term is spontaneous heating. ordinarily used to differentiate detainees in Flammable Liquid the “general population” from those in Special Housing Units. A substance with a flash point below 100 degrees Fahrenheit (37.8 Centigrade). Grievance Flash Point A complaint based on a circumstance or incident perceived as unjust. The minimum temperature at which the vapor of a combustible liquid can form an Hard Contraband ignitable mixture with air. Any item that poses a serious threat to the Food Service Administrator (FSA) life, safety or security of the facility detainees or staff. The official responsible for planning, Health Assessment 7.5 | Definitions 455 PBNDS 2011 (As Modified by February 2013 Errata)

The process whereby an individual’s health Health Screening status is evaluated. This process will address A system for preliminary screening of the the patient’s physical, dental and mental physical and mental condition of individual health appropriate to the patient’s condition detainees upon arrival at the facility; and will include, as determined by the health conducted by health care personnel or by a care provider, questioning the patient about specially health trained officer. The symptoms, a physical examination combination of structured inquiry and appropriate to the complaint and, as observation is designed to obtain immediate appropriate, review of screening information, treatment for new arrivals who are in need collection of additional information relating of emergency health care, identify and meet to mental, dental and medical health issues, ongoing current health needs, and isolate immunization histories, laboratory and those with communicable diseases. diagnostic tests, other examinations, review of results, initiation of therapy and Hold Room development of a treatment plan. A secure area used for temporary Health Authority confinement of detainees before in- processing, institutional appointments The health services administrator (HSA), (court, medical), release, transfer to another clinical director (CD), or agency responsible facility, or deportation-related for the provision of health care services at a transportation. facility or system of facilities. The responsible physician may be the health Hunger Strike authority. Health authority may also be A voluntary fast undertaken as a means of referred to as the medical department. protest or manipulation. Whether or not a Health Care Practitioner detainee actually declares that he or she is on a hunger strike, staff are required to refer Defined as an individual who is licensed, any detainee who is observed to not have certified, or credentialed by a state, territory eaten for 72 hours for medical evaluation or other appropriate body to provide health and monitoring. care services within the scope and skills of the respective health care profession. IGSA Facility (IGSA) Health Hazard A state or local government facility used by ERO through an Intergovernmental Service Includes carcinogens, toxic agents, Agreement. Also see reproductive toxins, irritants, corrosives, “INTERGOVERNMENTAL SERVICE sanitizers, hepatotoxins, nephrotoxins, AGREEMENT.” neurotoxins and other agents that act on the hemopoietic system or damage the lungs, Illegal Contraband skin, eyes, or mucous membranes. Any item prohibited by law, the possession of which constitutes grounds for felony or 7.5 | Definitions 456 PBNDS 2011 (As Modified by February 2013 Errata)

misdemeanor charges. “Admissions”). Indigent Institution Disciplinary Panel (IDP) Without funds, or with only nominal funds. Review board responsible for conducting Ordinarily, a detainee is considered disciplinary hearings and imposing sanctions “indigent” if he or she has less than $15.00 in for cases of detainee misconduct referred for his or her account. disposition following the hearing. The IDP Informal grievance usually comprises a hearing officer and representatives of different departments in An oral complaint or concern received from a the facility. detainee. Informal grievances may be handled at the lowest level in the Intergovernmental Service Agreement organization possible to effectively resolve A cooperative agreement between ICE and the complaint with no written response. any state, territory or political subdivision Informal Count for the construction, renovation or acquisition of equipment, supplies or Population count conducted according to no materials required to establish acceptable fixed schedule, when detainees are working, conditions of confinement and detention engaged in other programs, or involved in services. ICE may enter into an IGSA with recreational activities. Unless a detainee is any such unit of government guaranteeing to missing, these counts are not reported; also provide bed space for ICE detainees, and to called “census check” or “irregular count.” provide the clothing, medical care, food and Informal Resolution drink, security and other services specified in the ICE/ERO detention standards; facilities Brings closure to a complaint or issue of providing such services are referred to as concern to a detainee, satisfactory to the “IGSA facilities.” detainee and staff member involved; does not require filing of a written grievance. Investigating Officer Informed Consent An individual of supervisory or higher rank who conducts an investigation of alleged An agreement by a patient to a treatment, misconduct and was not involved in the examination, or procedure after the patient incident; usually a supervisory detention receives the material facts about the nature, enforcement officer or shift supervisor. consequences, and risks of the proposed treatment, examination or procedure; the Irregular Count alternatives to it; and the prognosis if the See Informal Count. proposed action is not undertaken. Least Intrusive In-processing In the context of a search, terminology used Administrative processing of a detainee to refer to alternative means of finding arriving at a detention facility (See 7.5 | Definitions 457 PBNDS 2011 (As Modified by February 2013 Errata)

contraband, such as questions, metal uses artificial means to sustain a vital detectors, pat down searches and boss chairs, function. prior to conducting a strip search. Mail Inspection Legal Assistant Examination of incoming and outgoing An individual (other than an interpreter) letters, packages, etc., for contraband, who, working under the direction and including cash, checks and money orders. supervision of an attorney or other legal Master Count representative, assists with group presentations and in representing individual Total number of detainees housed at a detainees. Legal assistants may interview facility. detainees, assist detainees in completing Material Safety Data Sheet (MSDS) forms and deliver papers to detainees Basic information about a hazardous without the supervisory attorney being chemical, prepared and issued by the present. manufacturer, in accordance with Legal Correspondence Occupational Safety and Health See “special correspondence.” Administration regulations (see 29 CFR 1910.1200; see also OSHA Form 174); among Legal File other things, specifies precautions for normal See A-File. use, handling, storage, disposal and spill Legal Representative cleanup. An attorney or other person representing Medical Classification System another in a matter of law, including law A system by which a detainee’s medical and students, law graduates not yet admitted to mental health conditions and needs are the bar; “reputable individuals”; accredited assessed to allow for appropriate placement representatives; accredited officials and in a facility with the resources necessary to attorneys outside the United States (see 8 provide appropriate level of care to meet CFR § 292.1, “Representation and those needs. Appearances”). Medical Discharge Plan Leisure-time Activities The discharge plan includes: admission Activities which are designed to provide diagnosis; discharge diagnosis; brief medical detainees with recreational opportunities history including the chief complaint and any both inside and outside the living area, e.g., essential physical findings discovered; all soccer, basketball, chess, checkers, diagnostic test (e.g., x-rays, lab results, television. ECG’s, etc) results; list of any medications Life-sustaining Procedure (Life Support) prescribed; a brief summary of care provided, the detainee’s response to treatment, medical A medical intervention or procedure that 7.5 | Definitions 458 PBNDS 2011 (As Modified by February 2013 Errata)

complications encountered, any outside deadbolt plus mogul key cylinder. These health care referrals that may have institutional grade construction features and interrupted the infirmary period or that be tamper resistant fittings afford exceptional pending; and continuity of care plan. structural strength to impede forced and Medical Personnel surreptitious entry. Includes all qualified health care National Commission on Correctional Health Care (NCCHC) professionals as well as administrative and support staff (e.g. health record Establishes the standards for health service administrators, laboratory technicians, in correctional facilities on which nursing and medical assistants, clerical accreditation is based. workers). National Fire Protection Association Mental Health Provider Principal source of fire protection standards Psychiatrist, clinical or counseling and codes. psychologist, physician, psychiatric nurse, NCCHC clinical social worker or any other mental National Commission on Correctional Health health professional who by virtue of their care. education, credentials, and experience are permitted by law to evaluate and care for the Non-Contact Visit mental health needs of patients. . Visitation with a barrier preventing physical Messenger contact between the detainee and his or her visitors. A person (neither a legal representative nor a legal assistant) whose purpose is to deliver Non-dedicated IGSA Facility (Non-dedicated or convey documents, forms, etc., to and from IGSA) the detainee; not afforded the visitation An IGSA facility that houses ICE detainees privileges of legal representatives and legal as well as other inmate populations in a assistants. shared use facility. Also see “IGSA Minor FACILITY” and “INTERGOVERNMENTAL SERVICE AGREEMENT.” A juvenile; a person under the age of 18. Non-Medical Emergency Escorted Trip Mogul keys Authorized detainee visit to a critically ill Key and knob operated deadlocking latch/ member of his/her immediate family, or to deadbolt for use in detention institutions as attend the funeral of a member of his/her well as commercial, government and immediate family. “Immediate family” industrial buildings for utmost physical member refers to a parent (including security. The large-scale design stepparent and foster parent), child, spouse, accommodates an oversized latch and sister, or brother of the detainee.

7.5 | Definitions 459 PBNDS 2011 (As Modified by February 2013 Errata)

Non-merit Factor Plan of Action Any characteristic or factor immaterial to a Describes steps the facility will take to detainee’s mental or physical ability to convert a condition that has caused a perform a given assignment. determination of noncompliance with a Non-security Key standard. A key which if duplicated by unauthorized Post Orders persons and/or lost, would not constitute an Written orders that specify the duties of each emergency requiring urgent action; not position, hour-by-hour, and the procedures critical to facility safety and security. the post officer will follow in carrying out Out Count those duties. Detainees temporarily away from the Progressive Restraints facility, but accounted for by the facility and Control the detainee in the least restrictive included in the master count. manner required, until and unless the Paracentric Keys detainee’s behavior warrants stronger and more secure means of inhibiting movement. Keys designed to open a paracentric lock. It is distinguishable by the contorted shape of Protective Custody (PC) its blade, which protrudes past the centre Administrative segregation for the detainee’s vertical line of the key barrel. Instead of the own safety. wards on the outer face of the lock simply Qualified health care professionals protruding into the shape of the key along the spine, the wards protrude into the shape Include physicians, physicians assistants, of the key along the entire width of the key, nurses, nurse practitioners, dentists, mental including along the length of the teeth. health professionals and others who by virtue of their education, credentials and Pat-down Search experience are permitted by law and within Relies on the sensitivity of the officer’s hands their scope of practice to evaluate and care as they tap or run over the detainee’s clothed for patients. body; may require the detainee to reveal Reasonable Suspicion pocket contents. The least intrusive body search. Not intuition, but specific, articulable facts that would cause a reasonable law Physical Examination enforcement officer to suspect that a A thorough evaluation of an individual’s particular person is concealing a weapon, physical condition and medical history contraband, or evidence of a crime. conducted by or under the supervision of a Religious Practices licensed medical professional acting within the scope of his or her practice. Worship, observances, services, meetings,

7.5 | Definitions 460 PBNDS 2011 (As Modified by February 2013 Errata)

ceremonies, etc., associated with a particular Shift Supervisor faith; access to religious publications, A generic term for the detention security religious symbolic items, religious counseling supervisor in charge of operations during a and religious study classes; and adherence to shift. The position titles may vary according dietary rules and restrictions. to the type of facility (SPC, CDF, or IGSA) Sally Port and local facility titles. Ordinarily, a shift supervisor (detention operations supervisor, An enclosure situated in the perimeter wall lieutenant, etc.) is, organizationally, directly or fence surrounding the facility, containing under the Chief of Security (chief detention double gates or doors, of which one cannot enforcement agent, captain, etc.). open until the other has closed, to prevent a breach in the perimeter security; handles Soft Contraband pedestrian and/or vehicular traffic. Any unauthorized item that does not Sanitation constitute hard contraband, i.e., does not pose a serious threat to human safety or The creation and maintenance of hygienic facility security; includes that quantity of an conditions; in the context of food, involves item possessed in an amount exceeding the handling, preparing, and storing items in a established limit. clean environment, eliminating sources of contamination. Special Correspondence or Legal Mail Satellite Feeding Detainees’ written communications to or from any of the following: Food served and consumed in a location other than where prepared. a. private attorneys and other legal Security Key representatives; A key which if duplicated by unauthorized b. government attorneys; persons and/or lost, would jeopardize life, c. judges and courts; safety, property or security, or would d. embassies and consulates; facilitate escape. e. the president and vice president of the Segregation United States; Confinement in an individual cell isolated f. members of Congress; from the general population; for administrative, disciplinary, or protective g. the Department of Justice (including the reasons. DOJ Office of the Inspector General); Service Processing Center (SPC) h. the Department of Homeland Security (including U.S. Immigration and Customs A detention facility the primary operator and Enforcement, ICE Health Services Corps, controlling party of which is ICE. the Office of Enforcement and Removal

7.5 | Definitions 461 PBNDS 2011 (As Modified by February 2013 Errata)

Operations, the DHS Office for Civil programs in the United States. TJC is the Rights and Civil Liberties, and the DHS Nation’s predominant standards-setting and Office of the Inspector General); accrediting body in health care. i. outside health care professionals; Toxic j. administrators of grievance systems; and Poisonous; capable of causing injury or death. k. representatives of the news media. Trained Investigators Special Management Unit (SMU) A person who has been trained in A housing unit for detainees in investigative techniques to include interview administrative or disciplinary segregation. techniques for victims and proper procedures Special Needs Detainee for collecting and storing evidence. A detainee whose mental and/or physical Training condition requires different accommodations An organized, planned and evaluated or arrangements than a general population activity designed to achieve specific learning detainee would receive. Special needs objectives and enhance personnel detainees include but are not limited to those performance. Training may occur on site, at who are emotionally disturbed, an academy or training center, an institution developmentally disabled, mentally ill, of higher learning, professional meetings, or physically handicapped, chronically ill, through contract service or closely disabled, or infirm and the drug or alcohol supervised on-the-job training. Training addicted. programs usually include requirements for Strip Search completion, attendance records and A visual inspection of all body surfaces and certification of completion. Meetings of body cavities. professional associations are considered training where there is clear evidence of the Terminally Ill Detainee direct bearing on job performance. In all A detainee whose physical condition has cases, the activity must be part of an overall deteriorated to the point where the prognosis training program. is less than a year to live. Training Coordinator TJC A person responsible for ensuring all The Joint Commission [formerly the Joint training requirements are met and Commission on Accreditation of Health care documented. This person will often develop Organizations (JCAHO)] and conduct training. An independent, not-for-profit organization Transgender that evaluates and accredits more than Transgender people are those whose gender 15,000 health care organizations and

7.5 | Definitions 462 PBNDS 2011 (As Modified by February 2013 Errata)

identity or expression is different from their facility’s written rules. assigned sex at birth. Unit Disciplinary Committee Unencumbered Space See Disciplinary Committee. Open, usable space measuring at least seven Volunteer Group feet in at least one dimension, free of plumbing fixtures, desk, locker, bed and Individuals who collectively donate time and other furniture and fixtures (measured in effort to enhance the activities and programs operational position). offered to detainees; selected on basis of personal qualities and skills (recreation, Unauthorized Funds counseling, education, religion, etc.). Negotiable instruments (checks, money Work Assignment orders, etc.) or cash in a detainee’s possession exceeding the facility-established Carpentry, plumbing, food service and other limit. operational activities included in the facility’s Voluntary Work Program, for which Unauthorized Property a detainee may volunteer. Not inherently illegal, but against the

7.5 | Definitions 463 PBNDS 2011 (As Modified by February 2013 Errata)