Etowah County Sheriff's Office (alabama) Intergovernmental Service Agreement (igsa) With Ice & The Marshals

,US. Department of Ju.stice United States Marshals Service 1. MODlECATIONNO.

Three (3)

Modification of Intergovernmental Agreement

•

2. REQUEST FOR DETENTION SERVICES NO. 082-04

4. ISSUING OFFIcE

3. EFFECTIVE DATE OF MODIFlCAT:ION

March 1, 2004 6.IGANO.

5. LOCAL GOVE'RNMEN'r

u.s. MARSHALS SERVICE

PRISONER SERVICES DMSION WASHINGTON. D.C. 20530-1000

Etowah Comty·

01-99-0132

Etowah County Sheriffs Dept

827 Forrest Avenue

7. FACILITY CODE(S)

Gadsen, AL 35901

4AD

9. ES11MATED ANNUAL PAYMENT

8. ACC01JNl1NG CITATION 15XI020

10. EXCEPT AS PROVIDED SPECIFICALLY HEREIN. ALL TERMSANDCONDtrlONS OF THE lOA DOCUMENi REFERRED TO IN BLOCK 5, REMAIN UNCHANGED. 'l'ERMS OF MODIFICAnON:

nns

The purpose of this modification is to authorize Etowah CountY to transport Immigration and Customs Enforcement (ICE) detainees between the Etowah County Jail and the Regional ICE Detention Offices in

Alabama and Louisiana.

This modification also authorizes ICE to reimburse the local government of Etowah County the hourly rate of $22.49 per hour, includmg mileage reimbursement in accordance with the current GSA mileage rates for the CoutineJ1tal UDited State!).

-

TIlE SERVlCE PROVIDER SHALL ADHERE TO TIlE REQUIREMENTS LISTED ON THE ATTACH:E)) TRANSPORTATION AMENDMENT FORlCEDETAINEES ONLY..

Note: as if Modification No. :2, the Intergovernmental Agreement Number J-BOI-M-130 is canceled and the new number is as stated in Block No.6. 11. lNSTRtlC1'IONS TO LOC.AL GO'VERNMEN'T FOR EXECUTION OF TBlS MODIFICA.TION: A-

0

LOCAL GOVERNMENT IS NOT REQUIRED TO SIGN THIS DOClJMENT

B. r8\

LOCAL GOVERNMENT IS REQUIRED

TO SIGN THIS DOClJME1l;"T AND RETURN

-L.

COPIES TO U.S. MARSHAL

11. APPROVAL

B. FlIDERAL GOVERNMENT

A. LOCAL GOVERNMENT

Jackie Gomez

SignatUre

~

$atWeJ¢/&9' ,

Grams A.1IlZlyst

TInE

DAiB

DATE

TInE

HQUSEONLY

Form USM-24h.USMS

(Rev.3f99)

Page_.l_ of

~ Pages

TRANSPORTATION AMENDMENT rG~J-EK}~-~~ 01-99-0132 Etowah County, Alabama

Page 2 of 3

THE FOLLOWING SECTION APPLIES TO ICE DETAINEES ONLY.

Transportation Services. The Service Provider agrees to provide transportation services for ICE detainees between the Provider's facility in Gads en , AL, apprehension points, the ICE offices located in Alabama~ Louisiana and other delivery points as detennined necessary by Immigration and Customs Enforcement. The purpose of such transportation shall be for booking detainees into or out of the facility or into the custody of ICE, booking new inmates from the custody of ICE into the facility, and delivering detainees to removal points (including airports),- The Provider shan utilize transportation vehicles equipped with appropriate safety equipment as required by and in compliance with State of Alabama standards for prisoner transport. Two uniformed qualified law-enforcement or correctional security officers employed or contracted by the Provider under the Provider's policies, procedures and practices shall be assigned to each vehicle on each trip (one is required if an ICE officer is present during the transportation). These officers must be appropriately licensed and certified for those duties pursuant to the State of Alabama and U.S. Department of Transportation regulations. Reimbursement for transportation services shall be paid at the actual hourly labor tate being paid to the escorting officers (will vary per officer) and a round trip mileage rate equaling the General Services Administration approved mileage rate (currently 37.5 cents per mile, but subject to change on occasion). In the event that overnight stays are required, ICE will reimburse lodging and expenses other than per diem incuttect"based on General Services Administration travel regulations. In the event air travel is required, ICE will obtain tickets. Service Provider shall maintain· a transportation log documenting all transportation services (date~ origin, destination, time, mileage, etc .. ,). Provider is to invoice ICE for services rendered as a separate line item on the periodic hilling for detention. A copy a/the transportation log shall be attached to all invoices that contain charges for transportation services. Any other documentation concerning other costs such as overnight travel shall also be provided to ICE.

Page 3 of 3

Bag Lunches. Tho Service Provider agrees to provide ICE detainees with bag lunches when detainees are transported during a meal period. Reimbursement for meals will be at the rate of ($2.00) two dollars per meal. The meal will include, at the minil1mm, a sandwich, fruit, potato chips and beverage. Provider is to invoice ICE for services rendered as a separate line item on the periodic billing for detention. END OF SECTION

"lJ:S. DepattlDent of Justice

Modification of ImC:i'governmental Agreement

United Stares Marshals Serv ice

II: MODIFICA nON NO. ONE (1)

4.

013-03

EFFECTIVE DA TE OF MODIFICA nON

February 1, 2003

5. LOCAL GO"VERNMENT

ISSUfNG OFFICE

6. IGA NO. ]-BO I-M-130

Etowah County Etowah County Sberiff's Dept. 827 Forrest Aven"Ue

Debra Brown.:

CO ntraCI Special ist cS <1-. Suite 1 tOO

Oadsen. AI.

United States Marshals Service Hdqr washington DC 10530-1000

8. ACCOUNTING CITATION LU.

p_

2- R.EQUEST FOR DETENTION SERVICES NO.

t.J'..1.c.t'1 A:> t'l<.UYl!JcU

9. ESTIMATED ANNUAL PAYMENT

1.5XI020

v _ _ . ._ • • • _ u

':t

7. FACILITY CODE(S) 4AD

35901

'~._.",

A.L.L l"c1tiVJiS A!\ILJ L:UNJJf.uUN;:' U,tA lnt:. ivA.

'I'll

REFERRED TO IN BLOCK5, REMAIN UNCHANGED. TERMS OF THIS MODlF[CATION:

The purpose of this modification is to add a line item for INS Detention/Equipment Space, Space shal be supplied in accordance with the agreement between the INS and Etowah County Comission at the fJnnual price stated below: Supplies/Services

Quantity

Unit

Unit Price

Annual Amount

NS OetentinfEquipment Space

3 1 568

Sq. Ft.

$4,861.40 Mth

$58,337.00

II. INSTRUCTIONS TO LOCAL GOVERNMENT FOR EXECUTION OF THIS MODIFICATION:

A. ~LOCALGOVERNMENTISNOTREQ~ TO SIGN THIS DOCUMENT

H,

o

LOCAL GOVERNMENT IS REQUIRED

TO SIGN TIITS DOCUMENT AND RETURN COPIES TO U.S. MA.RSHAL

-

11. APPROVALS

A. LOCAL GOV"ERNMENT

B. FEDERAL GOVERNMENT

,tUUU

Signatul"e

nn..E

DATE

~d.~ Signature

,Debra Bral!lJlc Contractirzg Officer TITLE

I.-J..J-(J ~ DATE Form USM-24la (R.ev. 3/90)

u.s. Department of Justice

Modification of Intergovernmental Agreement

United Srates Marshals Service 1. MODIFICATION NO.

TWO (2)

2.

REQUE~T FOR DETENTION

4. ISSUING OFFICE U.S. MARSH.6J..S SERVICE PRISONER OPERATIONS DIVISION [GA. SECTION 600 ARMY NA VYDRIVE ARLINGTON. VA 22201-4210

SERVICES NO.

3. EFFECTIVE DATE OF MODIFICATION'

Mav 1. 1999

S. LOCAL GOVERNMENT

6. lOA NO.

01-99-0132

Etowah COUllty Jail 827 Forrest Avenue Gadsden, AL 35901

8. ACCOUNTING CITATION

7. FACILITY CODE(S) 4AD 9. ESTIMA1ED ANNUAL PAYMENT

15)(1020

O. EXCEPT AS PROVIDED SPECrFICALL Y HEREm, ALL TERMS AND CONDITIONS OF THE rGA DOCUMENT REFERRED TO IN BLOCK 5, REMAIN U'NCIiANGED. TERMS OF THIS MODIFICATION:

1.

The purpose of this modification is to incorporate INS as a rider under this lGA with Etowah County in accordance with the MOV dated May lI~' 1999 attached hereto.

2.

Incorporate the following INS address under Article VII; Billing and Financial Provisions: Eastern Regional Office

Detention and Deportation Division

70 Kimball Avenue S. Burlington, VT 50403-6813

I. (NSTRucrIONS TO LOCAL GOVERNMENT FOR EXECUTION ;JF nns MODIFICATION: A.

lEI

LOCAL GOVERNMENT IS NOT REQUIRED TO SIGN TInS DOCUMENT

o

B.

LOCAL GOVERNMENT IS ~UIR:f.D TO SIGN lHIS DOCUM.'ENT RETURN COPIES TO U.S. MARSIY.L

-

12. APPROVALS

:S. FEDERAL GO\f.ERl.l'l.l.ffNT

A. LOCAL GOVERNMENT

DebIaB:r.a:~m::

5igllCtrurd

TITI..E

DAm

rD ,i1UL- -(j

Signature

q~nl'J't1'!iZ!2: Qta,~1';..

tnLE

A I7C/...'11....-

~

rlo/9Cf DATE

Farm USM-24la (Rev. 3/99)

USMS HQ USE ONLY

Page-L of ~ Pages

MEMORANDUM OF UNDER.$TAm>ING REGARDING USE OF ETOWAH COUNTY JAIL

BY IMMIGRATION AND NATURALIZATION SERVICE

This memorandum of understanding (MOU) provides the means for Immigration and Nattiralization Service, Atlanta District, to house their detainees in the Etowah County Jail, at a cost of $30.00 per day, under Contract J-B01-M-l30 between the United States Marshals Service, Northern Discrict of Alabama, and the . Etowah County Jail. The period of stay for each detainee will not exceed 72 hours, excep~ in exigent circumstances, The maximum number of detainees will not exceed one hundred and twenty-five (125) at any given time. This MOU will pe in effect until contract J-B~. -M-l30 .is renegotiated.

Ha S e 'ff towah County, Alabama

~~~es

\"L\\~ "-.L~ "~ , William H. Edwards, lIt united States Marshal rn District of Alabama

~~An~~~-e~m~os

istrict Director Deportat.io and Parole Immigration and Naturali~ation Service Atlanta District

glJrPjDate

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IntergoWl:rnDlellLal

U!Ilt ed SUlcs Deputmc:a( of JU5Uce

~61, 1. tSSUlNG O!'FIQ

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Etowah County Sheriffs Dept, 827 Forrest Avenue Gadsen, AL 35901

couflty, Stale

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, 0"'0

bS,b7e

ConUCl Person

..

L

A.:ru Code &: Telephone No .

SUPPl.t ESISERVlCEi

ITEN !'«t.

QU.::hlrY

''I'his agreement is for the housing, safek.eapine- and subsistence of adult male and female federal prisoners in accordance with the con~nt.s set forth. hereirl.

...

...

Chief Jailer

(205)

1/N1':~'"Cll

, u~

USMS ;QAY5YYR 25,550

bS,b7c

..

..

ESTlM..o\TED ANNUAL U,YMENT 1766,500.00

PER DIEM

RA'IE

Pds

":

130.00

IS. LO<'ALOOVERNM£NT AUl'HOIU2ED TO SlCtI .... GR.2I!!M~

AGENCY CERTIFYING

To the bar oj"" Icnow/edge and Mnq; datb sybmilled III supp<Jrl 0/ thi.l (llnement is trut ond con-tet, th~ dOOJ.lJlttrt has bten duty 011lhori~d by tM lovuninr body of tlu Dtpartment or A8t1lCY alld the Dtpl1rtrnetlt or A,i!IICY .,..,11 eDmp/~ wjlh ALL PRO VISIONS SET FORTH HLREIN'.

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a.~

~

Ii. TYPE OF USE

o H old Ovcr EI RCiu!;u SlIppon o Seasonll Support o O{b~

g~~!n~~USE

o Medium

17. P).IS:ONl
UNSENTENCED !Xl Adult MaJ..e 53 AdlJ lt F emale

o o

o

SENTENCED 0 Adu ll 1\UI.e 0 Adult Fenu.lc Ju ....cnUc Male 0 hlveci!c Mal, Juv.cnl1c Fcm:alc 0 Jl)YC1Iile Female Aliens 0 Work Itdeau

0 0

Major

m.

or Pn-~rs

PriIIlne.. Days

G\II.I'd Houri

YeA Mil e

YCA F'CDnlc

~TOTAL 2:5, SSQ .

-

P.R..10R EOITIONS ARE

.P ~ o~

(Sitll4lour)

(J

I

S. Mosley

(1)p' r>r P,u,r)

r7k,

,S(,,r.N."

Jaaes Rayes

NUIU (TIP<

NO.

I" .

' co,"'" .,,,

a M ZIP cOde

15XI020

I Page -1- of ...l.ll.....

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ADDRESS ($',.,114 city.

IGASECTION 600 ARMY NAvY DRIVE ARLINGTON. VA. 2.2202"'210

KJ

ce AgrteIDenl

'NO.

NAME AND

UNITED'STATES MARSHALS SERVICE PRISONER OPERA710N'S DIVISION

'.

s..

Housing of Fedel'o/ Prisoners

United StlUC:S Manha15 5ervite

rH

8 - 5-91

l'nsident

~

Sheriff

Print)

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8- 5-97

Tide

J.,

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TKE WITED STATES OF AMERICA BY DUtEcnON' OF THE DIRECTOR. OF T HE UNrreo S'TA.TES MARSHALS SERVtCE

BY 21.

~'I:n.

(SJGNA -

(Typ£ ar PtWJ

~CTING OFFIC£Jl)

VL- Jd LiODV

AND AIlE. NOT TO Be USEl

PAt'E SIGNED

jP.~}

8/","i I"ORM UJM-241 . (key . 11196)

t;.S. Departmenr of Justice

,

Unil~d Sral!:S

Marshals Service

I

IGA No.

IntergovernmeataI Servlce Agreement Schedule

J-B01-M-130

I

PQle No.

-2- of-1O...

ARTICLE I - PURPOSE AND SECURIN PROVIDED The purpose of this Intergovernmental Service Agreement QGA) Is to establish a formal blndlng relationshIp between the United States Marshals Service (USMS) and other federal user agencies (the Federal Govemment) and Etowah County Sheriff Department (the Local Government) for the detention of persons charged with or convicted of violations of federal low or held as material witnesses (federal prisoners) at the Etowah County Jail (the facility). The local Government agrees to accept and provide for the secure custody, care and safekeeping of federal prIsoners In accordance with state and local laws, standards. policies. procedures. or court orders applicable to the operations of the foci Iity, The USMS considers all federal prisoners medium/maximum securiiy-type prIsoners that are housed within the confines of the facility, at a level appropriate for prisoners considered a rIsk of flight, a danger to the community. or wanted by other jurisdictions. (

ARTICLE 11- ASSIGNMENT AND CONTRACTING OF CATEGORICAL PROJECTSUPPORTED EFFORT 1. Neither this agreement nor any interest therein maybe aSSigned or transferred to any other party without prior written approval by the USMS, 2, None of the principal activlties of the project-supported effort shall be contracted out to another organization without prior approval by the USMS. Where the intention to award contracts is made known at the 'lime of application. me approval may be considered granted if these activities are funded as proposed. 3. All coniracts or assignments must be formalized In a written contract or other written agreement between the parties inVOlved .

...

4. The contract or agreement must at a mlnlmwm, state 'the activities to be performed, the time schedule. the prDJect pOlicies, and the flow-through contractor or other recipient, other requirements that are applicable to poliCies and procedures to be followed. the dollar IImltaffon of the agreement 'and the cost principles tD be used In determining allowable costs. The contract or other written agreement must not affect the recipient's overall respons(bility' for the duration of the project and accountablli1y to the goveniment.

me

Form USM-24;:B (Rtv.. 2192)

U.S. Department of Justice Unif~d States Marshals ,service

Interg-onrnmeDtar Service Agreement Schedule

I

IGA No.

J-B01-M-130

Ip"jC"

No. of..lO...

ARTICLE III - MEDICAL SERVICES

,1. The Local Government agrees to provide federal prisoners with ihe same level of medical care and services provided to local prisoners. including the transportation and security for prisoners requIring removal from the facilIty for emergency medIcal servIces. All costs associated wf1h hospital or health care seNices provided outside 1he facility will be paid directly by the Federal Govemment. In the event the Local Government has a contract with a medical facility/physician or receives dlscounted rates, the federal prisoners shall be charged the same rate as local prisoners. 2. The Local Government agrees to notify the United States Matshal (USM) as soon as possible of all emergency medical cases requiring removal of a prisoner from the facility and to obtain prior authorization for removal for all other medical services requIred.

3. When a federal prisoner is being transferred via the USMS a!rllft. he/she will be provided with three (3) to seven 0) days opprescriptlon medication which will be dispensed from the detentlon facility. When possible, generic medlca1ions should be prescribed. 4. Medical records must travel with the federal prisoner. If the records are maintained at a medical contractor's facility. it is the detention facility's responsibility to obtain them before a federal prisoner is moved. 5. Federal prisoners will not be charged and are not required to pay their own medical expenses. These expenses will be paid by the Federal Govemment. 6. The Local Government agrees to notify the USM as soon as possible when a federal prisoner is involved In an escape, attempted escape, or conspiracy to escape from the facility.

'. ARTICLE IV - RECEIVING AND DISCHARGE

1. The Local Government agrees to accept as federal prisoners 1hose persons committed by fBderal law enforcement officers for violaiions of federal laws only upon presentation by the officer of proper low enforcement credentials, 2. The Local Govemment agrees to release federal prisoners only to law enforcement officers of agenCies init1ally commlffing 1he prisoner O.e., DEA INS. etc.) or to a Deputy USM. Those prisoners who are remanded to custody by a

u.s. Department of Justice Urriud Stares Marshals

S~T1Iice

Intergovernmental Service Agreement Schedule

l

IGA No. J..BO 1·M·130

I

Pag~ No. 4 of

10

USM may. only be released to a USM or an agent specified by the USM of the JUdicial DistrIct, 3. The Federal Government agrees to maintain federal prIsoner population levels at or beloW' the lever established by the facility administrator.

4. Federal prIsoners may not be released from ihe facility or placed in the custody of state or local officials for any reason except for medicol emergency situaiions. Federal prisoners sought for a state or local court proceeding must be acquired ihrough a Writ of Habeas Corpus or the Interstate Agreement of . Detainers and then only with the concurrence of the DistrIct USM. ARTICLE V - PERIOD OF PERFORMANCE

This agreement shall be in effect indefinitely until terminated In writing by either party. Should conditions of on unusual nature occur making it impractical or undesirable to continue to house prIsoners, thC? Local Government may suspend or restrict the use of the facilIty by giving wriiten notice to ·the USM. Su.ch notice will be provided thirty (30) days in advance of the effective date of formal termination and at least two (2) weeks in advance of a suspension or restriction of use unless an emergency situation requires the immediate relocation of prisoners. ARTICLE VI - PER DIEM RATE AND ECONOMIC PRICE ADJUSTMENT

1. Per diem rates shall be established on the basis of actUal and allowable costs associated with the operation of the facH/ty during a recent annual accounting period. 2. The Federal Government shall reimburse the Local Govemment at the per diem rate Idenilfied on page one (1) of thts agreement. The rate may be renegotiated not more than once per year, after ihe agreement has been in effect for iwelve (1 2) months. 3. The rate covers one (1) person per IIprisoner daY'. The Federal Government may not be blUed for two (2) days When a prisoner is admitted one evening and removed the fol/owlng morning. The Local Government may bill for the day of arlivQt but not for the day of departure.

Form USJ.N4iB

(Re~.

2/92l

U.S. Department of Justice Unired States Marshals Senice

IntcrgoverlU1lental Service Agreement Schedule

I IGA No~

1

J-BOl-M-130

I

pa~

No. of .lU...-

4. When a rate increase is desired, the Local Government shall submit a written request to the USM at least sixty (60) days prJorto the desired effective date of the rate adjustment. All such requesis must contain a completed Cost Sheet for Detention SeNices (USM-243) which can be obtained from the USM, The Local Government agrees'to provide oddiiional cost informaiion to support the requested rate increase and to permit an audit of accoun1ing records upon request of the USMS, 5, Criteria used to evaluate the Increase or decrease In the per diem rate shall . be those speclfied in the Office of Management and Budget (OMB) Circular A87, Cost Principles for state, Local, and Indian Tribal Govemments,

6, The effective date of the rate modification will be negotiated and specified on the IGA Modification form approved and signed by a USMS Contract Speciafist, The effective date will be established on the first day of the month for accounting purposes. Payments at the modified rate will be paid upon the refum of the Signed modification by the authorized Local Government official to the USM.

ARTICLE VII - BI LUNG AND FI NANCIAL PROVISIONS

1. The Local Government shall prepare and submit original and separate invoices each month to the federal agencies listed below for certification and payment.

U, S. MARSHALS SERVICE 1729 NORTH 5TH AVENUE

ROOM 240

BIRMINGHAM, AL35203 (205) 731-1712

L---------------------------------------------------------F-p~~tr~S~~~4~i~B~(~~v,~2~ 192~)

u.s. Department of Justice Unired Stales Marsh(1.1s Service

•

I

IGA No.

lIItergo ....ernmentaI Service Agreement Schedule

J-BOl-M-l30

2. To constitute a proper monthly Invoice. the name and address of the faciliiy. the name of each federal prisoner. their specific dates of confinement the total days to be reimbursed, the appropriate per diem rate as approved in the IGA. and the total amount bIlled (total days multiplied by the rote per day) shall be listed. The nome, title, complete address. and phone number of the local offici.alresponsible for invoice preparation should also be listed on the invoice. 3. The Prompt Payment Act. Public Law 97- 177 (96 stat. 85, 31 USC 1801), is applicable to payments under this ogreement and requires the payment to the Local Government of interest on overdue payments. Determinations of interest due will be made in accordance with the provisions of the Prompt Payment Act and the Office of Management and Budget Circular A-125. 4. Payment under this agreement will be due on the thirtieth (30th) calendar day after receipt of a proper invoice, in the office designated to receive the invoice. If the due dote falls on a nonworking day (e.g., Saturday. federal holiday). then the due date will be the next worklng day. The date of the check Issued in payment shall be considered to be t~e date payment Is made. )

NOTE: RATES NOT SPECIFIED IN THE AGREEMENT WILL NOT BE AUTHORIZED FOR

PAYMENT.

ARTICLE VIII - SUPERVISION AND MONITORING RESPONSIBILITY AU reCipients receiving direct awards from the USMS are responsible for the management and fiscal control of all funds. Responsibili1ies include the accounting of receipts and expendItures, cosh management the maintaining of adequate financial records, and the refunding of expenditures disallowed by

audiis.

ARTICLE IX - ACCOUNTING SYSTEMS AND FINANCIAL RECORDS 1. The recipient shall be required to establish and maintain accounting systems and financlol records that accurately account for the funds awarded. These . records shall include both federal funds and all matching funds of state, local. and private organizations, stote ondlocol recipients sholl expend and account for funds in accordance with state laws and procedures for expending and . accouniing for Its own funds. as well as meet the financial management standards In 28 Code of Federal Regula1ions (CFR). Part 66, and current revisions of OMS CIrcular A-a7. Form USM-241B (Rev. 2Jtn..)

U.S. Department

Dr JllStice

United Stales M4r.rhals Service

IlltergovC!rrunellta.1 Service Agreement Schedule

I

IGA No.

J-80l-M-130

I---.-l

Page No.

of ---.lD

2. Reciplen1s are responsible for complying with OMS Circular A--87 and 28 CFR, Part 66, and ihe allowobillty of the costs f.Z:;overed therein (submission of Form USM-243). To avoid possible subsequent disallowance or dispute based on unreasonableness or unallowability under the specific cost principles, recipientsmust obtain prior approval on the treatment of special or unusual costs. ,

3. Changes in lGA facilities: The USMS shall be notified by the recipient of any significant change In the facHl1y, including significant variations in inmate populations, which causes a significant change in the level of services under this IGA. The notification shaH be supported with sufficient cost data to permit the USMS to equitably adjust the per diem rates included in the IGA. Depending on the size of the fociHty for purposes of assessing changes in the population, a 10% increase or decrease In the prison population shall be a "significant increase or decrease" for purposes of this subsectlon. ARTICLE X - MAINTENANCE AND RETENTION OF RECORDS AND ACCESS TO RECORDS ;J

1. In accordance with 28 CFR. Part 66, all financial records, supporting documents, statistical records, and other records pertinent to contracts or subawards awarded under this IGA sha!! be retained by each organization partiCipating In the program for at least three (3) years for purposes of federal exomination and audit. 2. The 3-year retention period set fom in paragraph one (1) above, 'begins at the end of the first year of completion of service under the IGA. If any litigatIon, claim, negotiation. audit or oitter action Involving the records has been started before the expiraiion of the 3-year period, the records must be retained uniil completion of the action and resolution of all issues which arise from it or until the end of the regular 3-yeor period whichever Is later.

3. Access to Records: The USMS a~d the Comptroller Genera! of the United states, or any of their authorized representatives, shall have the right of access to any pertinent books, documents, papers, or other records of recipients or Its subrecipients/contractors, which ore pertinent to the award, in order to make-audits, examinations, excerpts. and transcripts. The rights of access must not be limited to the required reteniion period, but shallicst as long as the records are retained, 4. Delinquent Debt Colleciion: The USMS will hold recipient accountable for any overpayment audftdlsa!lowanc6, orony breach of this agreement that Form USM-2liB (Rev

?IQ?)

u .S.

of Justice UniT:d Srates Marshals Service ~partm.enr

Intergovernmental Service Agreement Schedule

I

IGA No.

J·B01·M-130

.

l

?agt Nfl.

-B-oJ.lO-

results in a debt owed to the Federal Government. The USMS shall apply Interest . penalties. and adminlstraiive costs to a delinquent debt owed by a debtor pursuant to the Federal Claims Collection Standards. ARTICLE XI - GOVERNMENT FURNISHED PROPERlY

1. It is the Intention of the USMS to furnish excess federal property to local governments for the specific purpose of improving jail conditions and seN/ces. Accountable excess property. such as fumlture and equipment. remains titled to the USMS and shall be returned to the custody ofthe USMS upon termination of the agreement. 2. The Local Government agrees to inventory- maintain, repair, assume liability. for, and manage all federally provided accountable property as well as control/ed excess property. Such property cannot be removed from the jail without the prior written approval of USMS Headquarters. The loss or destruction of any such excess property shall be Immediately reported to the USM and USMS Headquarters. Accountable and controlled excess property Includes any property wITh a unit acqUisition value of $ J ,000 or more, all furniture, as well as equipment used for security and control, communica1ion. photography, food seNice, medical care, inmate recreation. etc. 3. The suspension of Use or restriction of bedspace made available to the USMS are ag~eed to be grounds for 1he recall and return of any or all government furnished property. 4. The dollar value of property provided each year will not exceed the annual dollar payment made by the USMS Tor prisoner support unless a specific exemption is granted by the Chief, Prisoner Services Division. USMS Headquarters. 5. Itis understood and agreed thalthe Local Govemment shall fully defend. Indemnify. and hold harmless the United States of America, its officers, employees, agents, and seNonts, individually and officially. for any and all liability caused by any act of any member of the Local Government or anyone else arising out of the use, operotfon, or handll ng of any properly (to include any vehicle. equipment and supplies) furnished to the Local Government In which legal ownership is retained by the United states of America, and to pay all claims, damages, Judgments, legal·costs, adjuster fees, and ottorney fees related thereto. The Local Government will be solely responsIble for all

j'--_~_ _ _ _ _ _ _ _ _ _ _ _ _- . - -_ _ _ _~~--:--:-_--l Fonn USM·24iB {Rev. 1/92'

U.S. Department of Justice United Srares Marshals Service

1

IGA No.

Intergovernmental Servke Agreement Schedule

J-B01-M-130

maintenance, storage, and other expenses related to the care and responsiblll1y for all property furnished to the local Government.

ARTICLE XII- MODIFICATIONS/DISPUTES 1. Either party may Initiate a request for modificatIon to this agreement In wrIting. All modifications negotiated will be wri11en and approved by the USMS Contracting Officer and submitted to the Local Government on farm USM 2410 for approval. 2. Disputes. questions. or concems pertaining to this agreement will be resolved betvJeen the USM and the appropriate Local Government official. Space guarantee questions along with any other unresolved issues are to be directed to the Chief, Prisoner Services Division.

ARTICLE XIII - INSPECTION

f

The Local Government agrees to allow periodic inspections of the facility by USMS Inspectors. Rndings of the inspection will be shored with the facility administrator in order to promote improvements to facility operations, conditions of confinement and levels of services. The mandatory minimum condltions of confinement which are to be met during the entire period of the IGA agreement are: 1. Adequate, trained jail staff wiU be provided 24 hours a day to supervise prisoners. Prisoners will be counted at least once on every shift but at least twice in every 24~hour per/od. One of the counts must be visual to validate prisoner occupancy. 2. Jail staffing will provide full coverage of all securiiy posts and fun surveillance of Inmates. . '.. . 3. JalJ win provide for three meals per day for prisoners. The meals must meet the nationally recommended dietary allowances publisMed by the National Academy of Sciences. -

4.

Jail will provide 24-hour emergency medical care for prisoners.

Form USM-24111 (Rev. 2192)

U.S. Department ot Justice UniTed Stares Marshals Service

Intergovernmental Service Agreement Sr:hedule

I

IGA No.

J-80 l-M-130

I

Pact! No,

....1Q.. oj J.D-

5. Jail wlll maintain an automatic smoke and fire detectIon and alarm system, and maintain written policies and procedures regarding fire and other safety . emergency standards. 6, Jail will maintain a water supply and waste disposed program that is certified to b~ in compliance with applicable laws and regulations. ARTICLE XIV - CONFLICT OF INTEREST

Personnel and other officials connected with the agreement shall adhere to the requIrements given below:

1. Advice. No official or employee of the recipient a sub-recipient or a contractor shall participate personally through decisions. approval, disapproval, recommendation, ihe rendering of advice, investigation, or otherwise In any proceeding. application, request for a ruling or other determination. contract grant coopera11ve agreement claim, controversy. or other particular matter In which Department of Justice funds are used. ~here to his/her knowledge, ·he/she or his/her immedIate family, partners, organization other than a public agency in which he/she Is serving as an officer. director. trustee, portner, or employee, or any person or organization with whom he/she Is negotiating or has any arrangement conceming prospective employment has a financiol interest or less than an arms-length transaction. 2. Appearance. In the use of Department of Justice project funds, offIcials or . employe9s of the recipient a sub-recipient or a contractor, shall avoid any action which might result in, or create 1he appearance of: a. Using his or her Official pOSition for private gain: b. Giving preferential treatment to any person; c. Losing complete independence or Import1ality; d. Maklng an official deCision butslde official channels; or e. Affectlng adversely me confidence of the public In the Integrity of the government or the program.

Form USM·24iB lR.ev. 2192)

OFFICIAL USE ONLY

SENSITIVE

Page 1 of 3

DEPARTMENT OF HOMELAND SECURITY

1. CASE NUMBER b2High

Immigration and Customs Enforcement Office of Professional Responsibility REPORT OF INVESTIGATION

PREPARED BY b6,b7c

2. REPORT NUMBER 001

HB 4200-01 (37), Special Agent Handbook

3. TITLE ETOWAH COUNTY, DETENTION CENTER/Unknown/Civil Rights Violation/GADSDEN, ETOWAH, AL 4. FINAL RESOLUTION

5. STATUS Initial Report

6. TYPE OF REPORT Allegation

7. RELATED CASES

8. TOPIC Detainee alleges verbal abuse/harassment,legal proceedings intervened,various allegations 9. SYNOPSIS On August 9, 2007, the Joint Intake Center (JIC), Washington D.C received a letter from Detainee b6,b7c , ETOWAH COUNTY DETENTION CENTER, Gadsden, Al., reporting verbal abuse and harassment, intervention with legal proceedings, food quality and quantity deficiencies, poor quality and lengthy wait time for medical help, heating and air conditioning system extremely dirty, non-functional mail room, lack of stamps, lack of sunlight, internet service not available, not delivering commissary products bought after they've been paid for, difficult to communicate with families, fabricate doctor visits/exams that never happened, fail to provide detainees with medication, a nurse's misdiagnoses almost killed an inmate with heart condition.

10. CASE OFFICER (Print Name & Title) b6,b7c

- Joint Intake Specialist

12. APPROVED BY(Print Name & Title) b6,b7c

Supervisor

- ICE-OPR Special Agent

11. COMPLETION DATE

14. ORIGIN OFFICE

09-AUG-2007

Joint Intake Center

09-AUG-2007

No Phone Number

13. APPROVED DATE

15. TELEPHONE NUMBER

THIS DOCUMENT IS LOANED TO YOU FOR OFFICIAL USE ONLY AND REMAINS THE PROPERTY OF THE DEPARTMENT OF HOMELAND SECURITY. ANY FURTHER REQUEST FOR DISCLOSURE OF THIS DOCUMENT OR INFORMATION CONTAINED HEREIN SHOULD BE REFERRED TO HEADQUARTERS, DEPARTMENT OF HOMELAND SECURITY, TOGETHER WITH A COPY OF THE DOCUMENT. THIS DOCUMENT CONTAINS INFORMATION REGARDING CURRENT AND ON-GOING ACTIVITIES OF A SENSITIVE NATURE. IT IS FOR THE EXLUSIVE USE OF OFFICIAL U.S. GOVERNMENT AGENCIES AND REMAINS THE PROPERTY OF THE DEPARTMENT OF HOMELAND SECURITY IT CONTAINS NEITHER RECOMMENDATIONS NOR CONCLUSIONS OF THE DEPARTMEN OF HOMELAND SECURITY. DISTRIBUTION OF THIS DOCUMENT HAS BEEN LIMITED AND FURTHER DISSEMINATION OR EXTRACTS FROM THE DOCUMENT MAY NOT BE MADE WITHOUT PRIOR WRITTEN AUTHORIZATION OF THE ORIGINATOR.

OFFICIAL USE ONLY

SENSITIVE

OFFICIAL USE ONLY

SENSITIVE

DEPARTMENT OF HOMELAND SECURITY

Page 2 of 3

1. CASE NUMBER b2High

PREPARED BY b6,b7c

REPORT OF INVESTIGATION CONTINUATION HB 4200-01 (37), Special Agent Handbook

10. NARRATIVE none

OFFICIAL USE ONLY

SENSITIVE

2. REPORT NUMBER 001

OFFICIAL USE ONLY

SENSITIVE

DEPARTMENT OF HOMELAND SECURITY

Page 3 of 3

1. CASE NUMBER b2High

PREPARED BY b6,b7c

REPORT OF INVESTIGATION Exhibit List HB 4200-01 (37), Special Agent Handbook

None

OFFICIAL USE ONLY

SENSITIVE

2. REPORT NUMBER 001

OFFICIAL USE ONLY

SENSITIVE

Page 1 of 4

DEPARTMENT OF HOMELAND SECURITY

1. CASE NUMBER b2High

Immigration and Customs Enforcement Office of Professional Responsibility REPORT OF INVESTIGATION

PREPARED BY b6,b7c

2. REPORT NUMBER 001

HB 4200-01 (37), Special Agent Handbook

3. TITLE SUBJECT, UKNOWN/Unknown/Non-Criminal Misconduct/GADSDEN, ETOWAH, AL 4. FINAL RESOLUTION

5. STATUS Initial Report

6. TYPE OF REPORT Allegation

7. RELATED CASES

8. TOPIC Detainee allegation of missing money, Gadsden, AL 9. SYNOPSIS On February 22, 2008, the Joint Intake Center (JIC), Washington, DC, received information from U.S. Immigration and Customs Enforcement (ICE) Supervisory Immigration Enforcement Agent, b6,b7c Gadsden, AL regarding detainee allegations of missing money. This report documents the relevant material received.

10. CASE OFFICER (Print Name & Title) b6,b7c

- Joint Intake Specialist

12. APPROVED BY(Print Name & Title) b6,b7c

- JIC Supervisor

11. COMPLETION DATE

14. ORIGIN OFFICE

21-FEB-2008

Joint Intake Center

22-FEB-2008

No Phone Number

13. APPROVED DATE

15. TELEPHONE NUMBER

THIS DOCUMENT IS LOANED TO YOU FOR OFFICIAL USE ONLY AND REMAINS THE PROPERTY OF THE DEPARTMENT OF HOMELAND SECURITY. ANY FURTHER REQUEST FOR DISCLOSURE OF THIS DOCUMENT OR INFORMATION CONTAINED HEREIN SHOULD BE REFERRED TO HEADQUARTERS, DEPARTMENT OF HOMELAND SECURITY, TOGETHER WITH A COPY OF THE DOCUMENT. THIS DOCUMENT CONTAINS INFORMATION REGARDING CURRENT AND ON-GOING ACTIVITIES OF A SENSITIVE NATURE. IT IS FOR THE EXLUSIVE USE OF OFFICIAL U.S. GOVERNMENT AGENCIES AND REMAINS THE PROPERTY OF THE DEPARTMENT OF HOMELAND SECURITY IT CONTAINS NEITHER RECOMMENDATIONS NOR CONCLUSIONS OF THE DEPARTMEN OF HOMELAND SECURITY. DISTRIBUTION OF THIS DOCUMENT HAS BEEN LIMITED AND FURTHER DISSEMINATION OR EXTRACTS FROM THE DOCUMENT MAY NOT BE MADE WITHOUT PRIOR WRITTEN AUTHORIZATION OF THE ORIGINATOR.

OFFICIAL USE ONLY

SENSITIVE

OFFICIAL USE ONLY

SENSITIVE

DEPARTMENT OF HOMELAND SECURITY

Page 2 of 4

1. CASE NUMBER b2High

PREPARED BY b6,b7c

REPORT OF INVESTIGATION CONTINUATION HB 4200-01 (37), Special Agent Handbook

10. NARRATIVE

2. REPORT NUMBER 001

Details of Investigation: On February 22, 2008, the Joint Intake Center (JIC), Washington, DC, received information from U.S. Immigration and Customs Enforcement (ICE) Supervisory Immigration Enforcement Agent, b6,b7c Gadsden, AL regarding detainee allegations of missing money. This is a verbatim copy of the information submitted to the JIC. No spelling or grammatical corrections have been made. b6,b7c MEMORANDUM FOR: Assistant Field Office Director New Orleans Field Officer b6,b7c THROUGH: Acting Supervisory Detention & Deportation Officer b6,b7c FROM: Supervisory Immigration Enforcement Agent Gadsden, AL SUBJECT: Detainees Missing Money This memorandum is to serve as official notification that on February 11, 2008 I was told by b6,b7c b6,b7c detainee (A that he was missing $200.00 personal funds. was initially taken into custody by the Office of Investigations, Birmingham, AL and b6,b7c booked into the Pelham, AL jail with $698.00. On 02/11/08, signed his property forms b6,b7c and was released from Pelham to custody of Special Agent . b6,b7c then b6,b7c b6,b7c transferred custody of and property to Immigration Enforcement Agent . b6,b7c b6,b7c Agent brought to the Gadsden, AL. ICE/DRO office. b6,b7c

b6,b7c I, Supervisory Immigration Enforcement Agent, began to complete an b6,b7c 1-216/1¬203A to detain 1 reviewed his property in front of him to log the property. b6,b7c had $498.00 cash in his property bag. He stated that he should have $698.00. b6,b7c I contacted the Pelham AL. jail, Sgt. to verify funds, as well as check into the possibility b6,b7c b6,b7c that some of money may have been released, spent, or seized. Sgt. told

OFFICIAL USE ONLY

SENSITIVE

OFFICIAL USE ONLY

SENSITIVE

DEPARTMENT OF HOMELAND SECURITY

Page 3 of 4

1. CASE NUMBER b2High

PREPARED BY b6,b7c

REPORT OF INVESTIGATION CONTINUATION HB 4200-01 (37), Special Agent Handbook

10. NARRATIVE

2. REPORT NUMBER 001

b6,b7c me that was booked in with $698.00 and that he did not spend, or release any money. b6,b7c Nor was any money seized. Sgt. took time to review the video tapes and indicated that b6,b7c b6,b7c no unauthorized personnel had accessed property, and that had signed for his property and funds upon release on 02/11/2008. b6,b7c I contacted Special Agent to notify him of the situation, and he was unaware that b6,b7c had any missing money. I also notified IEA b6,b7c and he stated that when he picked b6,b7c up he did not review his property, but did keep it separated from the detainees. I, with b6,b7c b6,b7c IEA as a witness, thoroughly searched and the detainee with whom he was b6,b7c released to verify any unaccounted money might be concealed. was the only detainee claiming to be missing money. b6,b7c I received notification from Sgt. on Thursday, 02/14/2008 at approximately 1800 hrs b6,b7c that he could not account for any missing money for detainee I notified my Supervisor, b6,b7c SDDO , of this incident on Friday, 02/15/08 when I could not resolve the incident and it appeared to be a case of missing funds. OPR was contacted on Monday, 02/19/2008.

OFFICIAL USE ONLY

SENSITIVE

OFFICIAL USE ONLY

SENSITIVE

DEPARTMENT OF HOMELAND SECURITY

Page 4 of 4

1. CASE NUMBER b2High

PREPARED BY b6,b7c

REPORT OF INVESTIGATION Exhibit List HB 4200-01 (37), Special Agent Handbook

None

OFFICIAL USE ONLY

SENSITIVE

2. REPORT NUMBER 001

OFFICIAL USE ONLY

SENSITIVE

Page 1 of 3

DEPARTMENT OF HOMELAND SECURITY

1. CASE NUMBER b2High

Immigration and Customs Enforcement Office of Professional Responsibility REPORT OF INVESTIGATION

PREPARED BY b6,b7c

2. REPORT NUMBER 001

HB 4200-01 (37), Special Agent Handbook

3. TITLE ETOWAH COUNTY, DETENTION CENTER/Unknown/Civil Rights Violation/GADSDEN, ETOWAH, AL 4. FINAL RESOLUTION

5. STATUS Initial Report

6. TYPE OF REPORT Allegation

7. RELATED CASES

8. TOPIC Detainee alleges verbal abuse/harassment,legal proceedings intervened,various allegations 9. SYNOPSIS On August 9, 2007, the Joint Intake Center (JIC), Washington D.C received a letter from Detainee b6,b7c , ETOWAH COUNTY DETENTION CENTER, Gadsden, Al., reporting verbal abuse and harassment, intervention with legal proceedings, food quality and quantity deficiencies, poor quality and lengthy wait time for medical help, heating and air conditioning system extremely dirty, non-functional mail room, lack of stamps, lack of sunlight, internet service not available, not delivering commissary products bought after they've been paid for, difficult to communicate with families, fabricate doctor visits/exams that never happened, fail to provide detainees with medication, a nurse's misdiagnoses almost killed an inmate with heart condition.

10. CASE OFFICER (Print Name & Title) b6,b7c

- Joint Intake Specialist

12. APPROVED BY(Print Name & Title) b6,b7c

Supervisor

- ICE-OPR Special Agent

11. COMPLETION DATE

14. ORIGIN OFFICE

09-AUG-2007

Joint Intake Center

09-AUG-2007

No Phone Number

13. APPROVED DATE

15. TELEPHONE NUMBER

THIS DOCUMENT IS LOANED TO YOU FOR OFFICIAL USE ONLY AND REMAINS THE PROPERTY OF THE DEPARTMENT OF HOMELAND SECURITY. ANY FURTHER REQUEST FOR DISCLOSURE OF THIS DOCUMENT OR INFORMATION CONTAINED HEREIN SHOULD BE REFERRED TO HEADQUARTERS, DEPARTMENT OF HOMELAND SECURITY, TOGETHER WITH A COPY OF THE DOCUMENT. THIS DOCUMENT CONTAINS INFORMATION REGARDING CURRENT AND ON-GOING ACTIVITIES OF A SENSITIVE NATURE. IT IS FOR THE EXLUSIVE USE OF OFFICIAL U.S. GOVERNMENT AGENCIES AND REMAINS THE PROPERTY OF THE DEPARTMENT OF HOMELAND SECURITY IT CONTAINS NEITHER RECOMMENDATIONS NOR CONCLUSIONS OF THE DEPARTMEN OF HOMELAND SECURITY. DISTRIBUTION OF THIS DOCUMENT HAS BEEN LIMITED AND FURTHER DISSEMINATION OR EXTRACTS FROM THE DOCUMENT MAY NOT BE MADE WITHOUT PRIOR WRITTEN AUTHORIZATION OF THE ORIGINATOR.

OFFICIAL USE ONLY

SENSITIVE

OFFICIAL USE ONLY

SENSITIVE

DEPARTMENT OF HOMELAND SECURITY

Page 2 of 3

1. CASE NUMBER b2High

PREPARED BY b6,b7c

REPORT OF INVESTIGATION CONTINUATION HB 4200-01 (37), Special Agent Handbook

10. NARRATIVE none

OFFICIAL USE ONLY

SENSITIVE

2. REPORT NUMBER 001

OFFICIAL USE ONLY

SENSITIVE

DEPARTMENT OF HOMELAND SECURITY

Page 3 of 3

1. CASE NUMBER b2High

PREPARED BY b6,b7c

REPORT OF INVESTIGATION Exhibit List HB 4200-01 (37), Special Agent Handbook

None

OFFICIAL USE ONLY

SENSITIVE

2. REPORT NUMBER 001

OFFICIAL USE ONLY

SENSITIVE

Page 1 of 3

DEPARTMENT OF HOMELAND SECURITY

1. CASE NUMBER b2High

Immigration and Customs Enforcement Office of Professional Responsibility REPORT OF INVESTIGATION

PREPARED BY b6,b7c

2. REPORT NUMBER 001

HB 4200-01 (37), Special Agent Handbook

3. TITLE UNKNOWN, UNKNOWN/Unknown/Civil Rights Violation/GADSDEN, ETOWAH, AL 4. FINAL RESOLUTION

5. STATUS Initial Report

6. TYPE OF REPORT Allegation

7. RELATED CASES

8. TOPIC Detainee reportedly does not have access to medical records, legal representation denied, CRCL, AL. 9. SYNOPSIS b6,b7c b6,b7c On 10/1/2008, the JIC received a letter from involving , a 60-year-old b6,b7c Palestinian Immigrant & cardiac patient. wrote that b6,b7c hasn't had access to his primary care physician or critically important medical records. Legal representation & visitation by immediate family members remains denied. ICE officials failed to notify his family when he collapsed & was transported to the hospital. They learned of the incident due to the kindness of all unidentified third-party. b6,b7c told his family that the hospital recommended that he agree to b6,b7c heart surgery, but, declined the recommendation. "ICE officials subsequently returned b6,b7c to Etowoh County Detention Center. Immigration Custom Enforcement "have refused to b6,b7c recognize the grave seriousness of medical condition & the necessity of access to the physician, medical records, & thus, the medical treatment that would best insure the continuation of his life".

10. CASE OFFICER (Print Name & Title) b6,b7c

- Joint Intake Specialist

12. APPROVED BY(Print Name & Title) b6,b7c

- JIC Supervisor

11. COMPLETION DATE

14. ORIGIN OFFICE

01-OCT-2008

Joint Intake Center

01-OCT-2008

No Phone Number

13. APPROVED DATE

15. TELEPHONE NUMBER

THIS DOCUMENT IS LOANED TO YOU FOR OFFICIAL USE ONLY AND REMAINS THE PROPERTY OF THE DEPARTMENT OF HOMELAND SECURITY. ANY FURTHER REQUEST FOR DISCLOSURE OF THIS DOCUMENT OR INFORMATION CONTAINED HEREIN SHOULD BE REFERRED TO HEADQUARTERS, DEPARTMENT OF HOMELAND SECURITY, TOGETHER WITH A COPY OF THE DOCUMENT. THIS DOCUMENT CONTAINS INFORMATION REGARDING CURRENT AND ON-GOING ACTIVITIES OF A SENSITIVE NATURE. IT IS FOR THE EXLUSIVE USE OF OFFICIAL U.S. GOVERNMENT AGENCIES AND REMAINS THE PROPERTY OF THE DEPARTMENT OF HOMELAND SECURITY IT CONTAINS NEITHER RECOMMENDATIONS NOR CONCLUSIONS OF THE DEPARTMEN OF HOMELAND SECURITY. DISTRIBUTION OF THIS DOCUMENT HAS BEEN LIMITED AND FURTHER DISSEMINATION OR EXTRACTS FROM THE DOCUMENT MAY NOT BE MADE WITHOUT PRIOR WRITTEN AUTHORIZATION OF THE ORIGINATOR.

OFFICIAL USE ONLY

SENSITIVE

OFFICIAL USE ONLY

SENSITIVE

DEPARTMENT OF HOMELAND SECURITY

Page 2 of 3

1. CASE NUMBER b2High

PREPARED BY b6,b7c

REPORT OF INVESTIGATION CONTINUATION HB 4200-01 (37), Special Agent Handbook

10. NARRATIVE none

OFFICIAL USE ONLY

SENSITIVE

2. REPORT NUMBER 001

OFFICIAL USE ONLY

SENSITIVE

DEPARTMENT OF HOMELAND SECURITY

Page 3 of 3

1. CASE NUMBER b2High

PREPARED BY b6,b7c

REPORT OF INVESTIGATION Exhibit List HB 4200-01 (37), Special Agent Handbook

None

OFFICIAL USE ONLY

SENSITIVE

2. REPORT NUMBER 001

OFFICIAL USE ONLY

SENSITIVE

Page 1 of 3

DEPARTMENT OF HOMELAND SECURITY

1. CASE NUMBER b2High

Immigration and Customs Enforcement Office of Professional Responsibility REPORT OF INVESTIGATION

b6,b7c

2. REPORT NUMBER 001

HB 4200-01 (37), Special Agent Handbook

3. TITLE

PREPARED BY

DEPRTN OFFCR/Non-Criminal Misconduct/GADSDEN, ETOWAH, AL

b6,b7c

4. FINAL RESOLUTION

5. STATUS Initial Report

6. TYPE OF REPORT Allegation

7. RELATED CASES

8. TOPIC Allegedly mistreated a detainee at Etowah County Detention Center, AL 9. SYNOPSIS On October 31, 2007, the Joint Intake Center (JIC), Washington, D.C., received a U.S. Department of Homeland Security (DHS) Office of the Inspector General (OIG) declination of investigation memorandum dated August 1, 2007. The narrative of the allegation is as follows: "Complainant reported misconduct against ICE Special Agent several occurrences of Agent b6,b7c misconduct."

10. CASE OFFICER (Print Name & Title) b6,b7c

- Joint Intake Specialist

12. APPROVED BY(Print Name & Title) b6,b7c

- JIC Supervisor

b6,b7c

. The complainant listed

11. COMPLETION DATE

14. ORIGIN OFFICE

31-OCT-2007

Joint Intake Center

02-NOV-2007

No Phone Number

13. APPROVED DATE

15. TELEPHONE NUMBER

THIS DOCUMENT IS LOANED TO YOU FOR OFFICIAL USE ONLY AND REMAINS THE PROPERTY OF THE DEPARTMENT OF HOMELAND SECURITY. ANY FURTHER REQUEST FOR DISCLOSURE OF THIS DOCUMENT OR INFORMATION CONTAINED HEREIN SHOULD BE REFERRED TO HEADQUARTERS, DEPARTMENT OF HOMELAND SECURITY, TOGETHER WITH A COPY OF THE DOCUMENT. THIS DOCUMENT CONTAINS INFORMATION REGARDING CURRENT AND ON-GOING ACTIVITIES OF A SENSITIVE NATURE. IT IS FOR THE EXLUSIVE USE OF OFFICIAL U.S. GOVERNMENT AGENCIES AND REMAINS THE PROPERTY OF THE DEPARTMENT OF HOMELAND SECURITY IT CONTAINS NEITHER RECOMMENDATIONS NOR CONCLUSIONS OF THE DEPARTMEN OF HOMELAND SECURITY. DISTRIBUTION OF THIS DOCUMENT HAS BEEN LIMITED AND FURTHER DISSEMINATION OR EXTRACTS FROM THE DOCUMENT MAY NOT BE MADE WITHOUT PRIOR WRITTEN AUTHORIZATION OF THE ORIGINATOR.

OFFICIAL USE ONLY

SENSITIVE

OFFICIAL USE ONLY

SENSITIVE

DEPARTMENT OF HOMELAND SECURITY

Page 2 of 3

1. CASE NUMBER b2High

PREPARED BY b6,b7c

REPORT OF INVESTIGATION CONTINUATION HB 4200-01 (37), Special Agent Handbook

10. NARRATIVE None

OFFICIAL USE ONLY

SENSITIVE

2. REPORT NUMBER 001

OFFICIAL USE ONLY

SENSITIVE

DEPARTMENT OF HOMELAND SECURITY

Page 3 of 3

1. CASE NUMBER b2High

PREPARED BY b6,b7c

REPORT OF INVESTIGATION Exhibit List HB 4200-01 (37), Special Agent Handbook

None

OFFICIAL USE ONLY

SENSITIVE

2. REPORT NUMBER 001

Department Of Homeland Security Immigration and Customs Enforcement

Detention Facility Inspection Form Facilities Used Over 72 hours

A. Type of Facility Reviewed ICE Service Processing Center ICE Contract Detention Facility ICE Intergovernmental Service Agreement

Estimated Man-days Per Year: 122,000 G. Accreditation Certificates List all State or National Accreditation[s] received:

B. Current Inspection Type of Inspection

Field Office

Check box if facility has no accreditation[s]

HQ Inspection

H. Problems / Complaints (Copies must be attached) The Facility is under Court Order or Class Action Finding Court Order Class Action Order The Facility has Significant Litigation Pending Major Litigation Life/Safety Issues Check if None.

Date[s] of Facility Review

September 3-5, 2008

C. Previous/Most Recent Facility Review Date[s] of Last Facility Review

September 17-18, 2007

Previous Rating

Superior

Good

Acceptable

Deficient

At-Risk

D. Name and Location of Facility Name

Etowah County Jail

Address (Street and Name)

827 Forest Avenue

City, State and Zip Code

Gadsden, Alabama 35901 County

Etowah County

Name and Title of Chief Executive Officer (Warden/OIC/Supt.) b6,b7c

Jail Administrator

Telephone # (Include Area Code)

256 Fiel

b6,b7c

New Orleans

b-Office (List Office with oversight responsibilities)

Distance from Field Office

6 hours

E. ICE Information Name of Inspector (Last Name, Title and Duty Station) b6,b7c / RIC / Security Name of Team Member / Title / Duty Location b6 SME Adinistrative / Name of Team Member / Title / Duty Location / SME Health Services / b6 ember / Title / Duty Location b6 / SME Food Services / Member / Title / Duty Location b6 / SME Safety / F. CDF/IGSA Information Only Contract Number Date of Contract or IGSA 01-99-0132 2004 Basic Rates per Man-Day $35.12 Other Charges: (If None, Indicate N/A) separate contract for detainee transportation

FOR OFFICIAL U

I. Fa cility History Date Built March 1994 Date Last Remodeled or Upgraded April 2003 Date New Construction / Bed space Added April 2003, 420 beds Future Construction Planned Yes No Date: Current Bed space Future Bed space (# New Beds only) Number: Date: 856 J. To tal Facility Population Total Facility Intake for previous 12 months 9,655 Total ICE Man-days for Previous 12 months 120,363 K. Classification Level (ICE SPCs and CDFs Only) L-1 L-2 L-3 Adult Male Adult Female L. Facility Capacity Rated Adult Male 630 Adult Female 226

Operational

Emergency

Facility holds Juveniles Offenders 16 and older as Adults

M. Av erage Daily Population ICE Adult Male 216 Adult Female 128 N. Fa cility Staffing Level

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

USMS

Other

ort:

b2High

ENT SENSITIVE)

Form G-324A SIS (Rev. 7/9/07)

Department Of Homeland Security Immigration and Customs Enforcement

Detention Facility Inspection Form Facilities Used Over 72 hours

Significant Incident Summary Worksheet For ICE to complete its review of your facility, the following information must be completed prior to the scheduled review dates. The information on this form should contain data for the past twelve months in the boxes provided. The information on this form is used in conjunction with the ICE Detention Standards in assessing your Detention Operations against the needs of the ICE and its detained population. This form should be filled out by the facility prior to the start of any inspection. Failure to complete this section will result in a delay in processing this report and the possible reduction or removal of ICE’ detainees at your facility. Incidents

Description

Assault: Offenders on Offenders1

Assault: Detainee on Staff Number of Forced Moves, incl. Forced Cell moves3 Disturbances4 Number of Times Chemical Agents Used Number of Times Special Reaction Team Deployed/Used # Times Four/Five Point Restraints applied/used Offender / Detainee Medical Referrals as a result of injuries sustained. Escapes Grievances:

Deaths

Psychiatric / Medical Referrals

1 2 3 4

Jan – Mar

Apr – Jun

Jul – Sept

Oct – Dec

Types (Sexual2, Physical, etc.)

P

P

P

P

With Weapon

0

0

0

0

Without Weapon

8

7

6

6

Types (Sexual Physical, etc.)

0

0

P

0

With Weapon

0

0

0

0

Without Weapon

0

0

1

0

14

9

6

8

1

0

0

0

2

6

4

4

18

10

3

13

0

0

2=V

0

0

2=BB

1=BB

0

0

2

1

Attempted

0

0

0

0

Actual

0

0

0

0

53

31

33

13

10

16

4

4

0

S

S

0

0

1

1

0

60

35

71

39

0

0

0

0

Number/Reason (M=Medical, V=Violent Behavior, O=Other) Type (C=Chair, B=Bed, BB=Board, O=Other)

# Received # Resolved in favor of Offender/Detainee Reason (V=Violent, I=Illness, S=Suicide, A=Attempted Suicide, O=Other) Number # Medical Cases referred for Outside Care # Psychiatric Cases referred for Outside Care

1=V

Any attempted physical contact or physical contact that involves two or more offenders Oral, anal or vaginal penetration or attempted penetration involving at least 2 parties, whether it is consenting or non-consenting Routine transportation of detainees/offenders is not considered “forced” Any incident that involves four or more detainees/offenders, includes gang fights, organized multiple hunger strikes, work stoppages, hostage situations, major fires, or other large scale incidents.

FOR OFFICIAL USE

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

NT SENSITIVE)

Form G-324A SIS (Rev. 7/9/07)

Department Of Homeland Security Immigration and Customs Enforcement

Detention Facility Inspection Form Facilities Used Over 72 hours

DHS/ICE Detention Standards Review Summary Report 1. Acceptable 2. Deficient 3. At Risk 4. Repeat Finding Legal Access Standards 1. Access to Legal Materials 2. Group Presentations on Legal Rights 3. Visita tion 4. Telephone Access Detainee Services 5. Admi ssion and Release 6. Cl assification System 7. Correspondence and Other Mail 8. Det ainee Handbook 9. Food Service 10. Funds and Personal Property 11. Detainee Grievance Procedures 12. Issuance and Exchange of Clothing, Bedding, and Towels 13. Marri age Requests 14. Non-Medical Emergency Escorted Trip 15. Recreation 16. Relig ious Practices 17. Voluntary Work Program Health Services 18. Hunger Strikes 19. Medical Care 20. Suicide Prevention and Intervention 21. Terminal Illness, Advanced Directives and Death Security and Control 22. Contr aband 23. Detention Files 24. Disciplina ry Policy 25. Emergenc y Plans 26. Environmental Health and Safety 27. Hold Rooms in Detention Facilities 28. Key and Lock Control 29. Popul ation Counts 30. Pos t Orders 31. Security Inspections 32. Special Management Units (Administrative Segregation) 33. Special Management Units (Disciplinary Segregation) 34. T ool Control 35. Transpor tation (Land management) 36. Use of Force 37. Staff / Detainee Communication (Added August 2003) 38. Detainee Transfer (Added September 2004)

5.Not Applicable

1.

2.

3.

4.

5.

All findings (Deficient and At-Risk) require written comment describing the finding and what is necessary to meet compliance.

FOR OFFICIAL US

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ENT SENSITIVE)

Form G-324A SIS (Rev. 7/9/07)

Department Of Homeland Security Immigration and Customs Enforcement

Detention Facility Inspection Form Facilities Used Over 72 hours RIC Review Assurance Statement

By signing below, the Reviewer-In-Charge (RIC) certifies that all findings of noncompliance with policy or inadequate controls contained in the Inspection Report are supported by evidence that is sufficient and reliable. Furthermore, findings of noteworthy accomplishments are supported by sufficient and reliable evidence. Within the scope of the review, the facility is operating in accordance with applicable law and policy, and property and resources are efficiently used and adequately safeguarded, except for the deficiencies noted in the report. Signature

Reviewer-In-Charge: (Print Name) b6,b7c

ocation

Date

Reviewer in Charge/Security

September 7, 2008

Team Members Print Name, Title, & Duty Location

Print Name, Title, & Duty Location

Admiistrative b6 Print Name, Title, & Duty Location

b6 Food Service Print Name, Title, & Duty Location

b6

Medical

Recommended Rating:

b6

Environment Health and Safety

Superior Good Acceptable Deficient At-Risk

Comments: Number of Times Special Teams Deployed/ Used: ECDC has established a 12-man emergency response team (ERT) which is broken down into four 3-man teams and a team is assigned to each shift. While assigned to the shift their sole responsibility is ERT duties, and their shift is 24 hours, similar to a firefighter. The team has sleeping quarters at the facility and they are the first responders to any facility incident or emergency. Each ERT member is also, a level 1 state certified fire fighter and first responder for all medical emergencies. b6,b7c The facility stated the two (2) suicides were county inmates and not detainees. ECDC Sergeant, stated these cases are not closed and will not be closed for twenty-four (24) months. Consequently, the facility could not provide any further information.

The disturbance involved a housing unit of county inmates who refused to lock down for the evening. The Emergency Response Team was deployed and dispensed ten (10) rounds from a pepper ball gun into the unit striking a wall. The inmates then complied with staff orders to enter their cells. There were no injuries to staff or inmates.

FOR OFFICIAL U

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

MENT SENSITIVE)

Form G-324A SIS (Rev. 7/9/07)