Hudson County (new Jersey) Intergovernmental Service Agreement (igsa) With Ice

INTERGOVERNMENTAL SERVICE AGREEMENT

between

COUNTY OF HUDSON 595 NEWARK AVENUE JERSEY CITYt NEW JERSEY 07306

and

u.s. DEPARTMENT OF-JUSTICE

IMMIGRATION & NATURALIZATION SERVICE 70 KIMBALL AVENUE

soum BURLINGTON~ VERMONT 05403-6813

Agreement Number: ACB.5.I-OOOI

AGREEMENT SCHEDULE

ARTICLE I • PURPOSE 1.

The purpose of this Intergovernmental Setvice Agreement (IGSA) is to establish a forma1 binding relationship between the U.S. Immigration & Naturalization Service (INS) and the County of Hudson County, New Jersey (Contractor) for the detention of aliens of all nationalities authori2ed to be detained by INS in accordance with the Code of Federal Regulations, Title 8, Aliens & Nationality Act and related criminal statutes.

2.

This Agreement sets forth the responsibilities of both INS and the Contractor regarding services to be performed and reimbursement when

those services have been performed. There is no obligation, expressed or implied, on the part of INS to utilize the Contractor's facility nor on the part of the Contractor to accept detainees. ARTICLE 1.

n . COVERED SERVlCE~

The Contractor will provide housicg, safekeeping. subsistence and other services for INS detainee(s) within its facility (or facilities), which shall be . idenified by letter amendment(s) hereto and incorporated herein, consistent with the types and levels of services and programs routinely afforded its own population, and fully consistent with all applicable laws! standards, policies, procedures and court orders applicable to its facility (or facilities), unless or as specifieally modified by this Agreement. The unit of service will be the Detained Day and the oost as agreed to by the parties is SEVENTY-SEVEN and NO/tOO ($77.00) DOLlARS per Detained Day. The type of detainees W111 be non-juvenile males and females. The duration of scIVice to be provided will be overnight holds, dai1y~ and long term, not to exceed 120 days without contacti.ng the Contractor for approval. .

ARTICLE UI • SupPORT AND MEDICAL SERVICES

1.

The Contractor will provide housing, safekeeping, subsistence and other services for INS detainee(s) within its facility (or facilities) consistent With the types and levels of services and programs routinely afforded its own papulation, and fully consistent with all appUcable laws1 standards, policies, procedures. and court orders applicabJe to its facility (or facilities), unless or as speci.6t.ally modified by this Agreement. The Contractor agrees to provide INS detainees with the same levels and 1ypes of medical services and care as are provided its own facility population. The Contractor will 1

provide all necessaty security and transportation services, when directed or authorized by the INS, except as required in an emergency situation. to move INS detai.Jlee(s) to medical or other appropriate facilities. 2.

The Contractor further agrees to notify the INS as soon as possible of emergency medical cases requiring removal of detainee(s) from its facility . (or facilities). Prior authorization will be obtained from INS when removal is required for any other medical services that may be required at loc.a1 clinics or hospitals.

3.

Such transportation and security services shall be performed by qualified, sworn law enforcement or correctional officer personnel employed by the Contractor and under its policies, procedures and authorities. The Contractor agrees to augment such practices as may be requested by tbe

INS to enhance specific requirements for security, prisoner monitoting. visitation and contraband control.

4.

The Contractor agrees to invoice INS for all costs associated with hospital

or health care services specifically provided to any INS detainee(s) outside of the Contractor's facility, with the regular monthly billing to INS for detention services. In this case, the Contractor arranges for the health care facility, consultant health care provider. and other health care vendor and/or suppliers. They will invoice the Contractor for services provided at , rates no greater than those applicabJe for non·INS detainees in the custody of the Contractor, and then after payment of these invoices, submit for reimbursement payment from INS. INS shall include reimbursement payment to the Contractor for the hospital and health care services provided to INS detainee(s)aIong with the monthly payment for detention setvices. The Contractor shall submit invoices for hospital and health care services to INS within sixty (60) days after the services were rendered. Documentation must be provided in order to support INS payment of these costs.

ARTICLE IV - RECEIPT. DISCHARGE AND POPULATION LEVEL 1.

The CDntractor agrees to receive and discharge INS detainee(s) only from and to properly identified INS officcr(s) and, with prior authorization from the designated INS point(s) of contact, to other properly identified Federal law enforcement officials. Admission and discharge of INS detainee(s) shall be fully consistent with the Contractor's policies and procedures, and shall ensure positive identification and recording of bolli detainee(s) and officer(s).

2.

INS detainee(s) shall not be released from the facility into the custody of

2

other Federal, state or looaJ officials for any reason, ~cept for medical or emergency situations. without the express authorization of INS.

3.

The Contractor retains the right to reject or request the removal of any detainee(s) exhibiting violent or disruptive behavior.

ARTICLE V - PERIOD OF PERFORMANCE

1.

This Agreement shall remain in effect indefinitely until term.i.Qatedby either party. Should conditions of 8.1] unusual nature occur, making it impractical or impossible to house detainee(s), the Contractor may terminate, suspend or restrict the use of the facility by giving written notice to the INS. Such notia will be provided sixty (60) days in advance of the effective dates of formal termination and at lease thirty (30) days in advance of a suspension or restriction of use unless an emergency situation requires the immediate relocation of detaiJlee(s).

ARTICLE VI • ECONOMIC PRICE ADJUSTMENT

1.

Payment rates shall be established on the basis of actual costs associated with the operation of its facility (or facilities) during the latest aIlllual accounting period for which data is available or for which a formal report or audit was issued. or as provided for in an approved annual operating budget for detention facilities.

2.

The Federal Government shall reimburse the Contractor at the fixed day rare identified in Article n. The rate may be renegotiated not more than once per year., after the Agreement has been in effect for twelve months. The effective date of any rate adjustment will be negotiated and specified on the IGSA Modification form approved and signed by an INS COntracting Officer. The effective date will be established on the first day of the month for accounting purposes.

3.

Payments at the modified rate will be paid upon the return of the signed modification by the authorized local official to the JNS.

4.

The rate covers one (1) person per "Detainee Day". The Federal Government may not be billed for two (2) days wheD a detaiDee is admitted one evening and removed the following morning. The Contractor may bill for the day of arrival but not for the day of departure. A detainee day is defined as a 24 bour period starting at book-in time.

S.

The late may be revised on the basis of data submitted and action taken by either or botb the INS and the Contractor within ninety (90) calendar days

3

6.

before each annual anniversary of the initial Agreement's execution. The Contractor agrees to provide the necessary C05t information to support the requested rate increase and to permit an audit ofacc.ounting records upon request of INS. Criteria used to evaluate the increase or decrease in the per.capita used to evaluate the increase or decrease in the pet-capita rate shall be those specified in the OMB Circular A-87. Cost Principles for State and Local Governments or other guidance as revised, or in acx:ordance with superseding guidanre. Unless other justifiable reasons can be documented by the Contractor, any per diem rate increases shall not exceed the National Inflation rate as established by the U.S. Department of Commerce. .

ARTICLE VII • INVOICES AND PAYMENT 1.

Invoices shall be submitted to: U.S. Immigration & Naturalization Service Newark District Office 970 Broad Street Newark. New Jersey 07102 Attn: Deportation Unit Phone: (201) 645·2414

After certified true and correct by the above office, relating invoices will be forwarded to the following address for payment U.S. Immigration & Naturalization Service 70 Kimball Avenue South Burlington, Vermont 05403..6813

Attn:

Fin~ce

Phone: (802) 660·1127 2.

The Prompt Payment A~ Public Law 91·1n (96 Stat. 85,31 USC 1801) is applicable to payments under this Agreement and requires the payment to the Contractor of interest on overdue payments. Detenninations of interest due will be made in a<XXlrdance with the provisions of the Prompt Payment Act and the offices of Management and Budget Circular A.l25.

3.

In accordance with the Prompt Pa)'n.1ent AC4 payments under this Agreement will be made thirty (30) calendar days after the receipt of a

proper invoice in the office designated to receive invoices (paragraph 1, above). The date of the check issued in payment shall be considered the date payment is considered to have been made. .

4

4.

A proper invoice shall be submitted monthly. in arrea~. to the office identified in Paragraph 1, above. To constitute a proper invoice. it must include the name, address, and phone. number of the official designated payment office. It shall list each detainee t the specific dates of custody for each, the total number of days (or which reimbursement is sought, the agreed-upon detainee.day rate. and the total amount billed. The Aireement number shall be stated on all invoices submitted to INS for final payment.

ARTICLE VIII • MODIFICATIONS AND DISPUfES 1.

Either party may initiate a request for modifications to this Agreement Such requests must be .submitted ill writing. and approved in writing by a Regional Cootracting Offi~rand the Contractor. The IGSA constitutes the entire agreement between the two parties, and that actions by parties other than those identified or designated withia the Agreement will not serve to bind, or incur liability on behalf of either party. -

2.

Disputes, questions, or concerns pertaining to this Agreement shall be resolved between the INS and the appropriate Contractor official. No resolution may explicitly or implicitly alter the terms and rates contained in this Agreement unless approved by formal modification by a Regional Contracting Officer. Unresolved issues are to be directed to the Contracting Officer, Eastem Regional Office, 70 Kimball Avenue, South Burlington. Vermont 05403..os13.

ARTICLE IX • INSPECJ]ON AND TECHNICAL ASSISTANCE

1.

The Contractor agrees to allow periodic inspections of the facility by INS. The sole purpose of said inspections will be to insure a minimally acceptable level of services and acceptable conditions of confinement under this Agreement. Findings of the inspection will be shared with the facility operations, conditions of confinement and levels of services. The Contractor is required to promptly disclose to the designated INS point of contact any and all public results OJ. copies of facility (or facilities) inspections. reviews, surveys or other forms of examinations.

ARTICLE X - AVAlLABILllY OF FlIN1!S 1.

The Government's obligation under this Agreement is contingent upon the availability of appropriated funds from which payment can be made. No legal Iiability on the part of the Government (or any payment may arise until such funds are made availabJe.

s

ARTICLE XI • EMPLOYMENT OF PNAtmfORIZED ALIENS 1.

Subject to existing laws, regulations, Executive Orders, and other provisions of this Agreement, aliens unauthorized to be employed in the Unites States shall not be employed by the Contractor, or its subcontractors, to work on, under, or with this Agreement. The Contractor shall ensure that this provision is expressly incorporated into and all subcontracts or subordinate agreements issued in support of this Agreement.

ARTICLE XII • CONTRACTING OFFICER'S TECHNICAL gEPItESENTATIVE

1.

Annette Ramirez is the Contracting Officer's Technical Representative (COTR) for this Agreement In the event the caTR is changed. INS will inform the Contractor in writing of the identity of the replacement

2.

The COTR is respOnsible for: reoeiving all deliveries; inspecting and accepting the services provided hereunder in accordance with the terms and conditions of this Agreement; providing direction to the Contractor which clarifies the Agreement's effort, fills in details or otherwise seIVes to accomplish the Agreement's requirements; evaluating performance; and certifying all invoiceslvouchers for acceptance of the services furnished for payment prior to fotwarding the original invoice to the payment office.

3.

The COTR does Dot have the authority to alter the Contractors obligations under the Agreement, direct changes that fall within the purview of the Contracting Officer and/or modifY any of the e;xpressed terms, conditions, specifications, or cost of the Agreement. If as a result of technical discussions it is desirable to alter/change obligations or requirements, the Contracting OffiCer shaD issue such changes in writing and shall execute same in behalf of the INS.

ARTICLE X1U .. CONTRACTOR'S REPRESENTATIVE 1.

Any and all correspondence with the Co~tractor shall be in writing to! Hudson County Administrator 567 Pavonia Avenue Jersey City, New Jersey 07306

with copies to: Hudson County Counsel 567 Pavonia Avenue Jersey City, New Jersey 07306 6

IN WITNESS HERETO:

WITNESSED:

u.s. Department of Justice ImmigratiOQ & Naturalization Service Eastern Region

Dated:

'-------------------

~ "'-':.~ 'I1s/9(. Roger E. Fregf!a; Contracting Officer

WITNESSED:

,?~,~ Date:___________

7

Udlted Stutes Department of Justice lmmigration & Naturalization Service Intergovernmental Service Agreement/or Housing Federal Detainees

II.

12. .

,"'f date: in block 8

A,

J.

03

IS.

4. "~ln. i

Immigration & Narura.lization Service 70 Kimball Avenue South Burlington, VT 05403~6813

County of Hudson 567 Pavonia Avenue Jersey City, NJ 07306

6.

"

vr ,nc o

~~~.

. County Administrnto.r

Cantact Penon: Phone: (201 : b6

I i;::~ is~~?n: R:s~er E, Fregeau. CODtnc:ting Officer

,~

, "'

I REMAIN UNCHANOED):

.

""v ...

This modification number 03 is to replace item I in ARTICLE V - Period ofPcrformance with the {ollowing:

ARTICLE V - Period of Performance and Bedspace Guarantee I. This Intergovernmental Cooperative Agreement Number 02-50-02 is between the United States

Marshals Service. the Immigration and Naturalization Service and the County of Hudson New Jersey, in accord'ance with the terms and conditions set forth in Articles I through xn and Schedules A, B, and C. The County shall provide detention space and services for 384 federal prisoners/detainees (128 in USMS custody and 256 in INS custody) each day at the Hudson County Jail for a period of fifteen (15) years commencing on the date of completion of all project(s) listed in the schedules and the fulfillment of payments by the USMS, TIlis agreement shall remain in effect through the period of the CAP agreement, and thereafter until terminatod or suspended in writing by either party, Such notice will be provided thirty (30) days in advance of tho effective date of fonnal tennination and at least two (2) weeks in advance of a suspension or restriction of use unless an emergency siruarion requires the immediate relocation of prisoners/detainees.

0 7.

!!I

Local Government is not required to dgn this d~ot.

L.""

Local Govenum:nt is required to sign this document and return copie~ to the wiling office.

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l:?s;:, G,RO!

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Name: (l)"pt «P"i~!)

'\:r..s.G~U

limted States Department of Justice Immigration & Naturalization Service

Intergovernmental Service Agreementfor Housing Federal Detainees l.

2. Effective u

Agreement Number

of

dltc in block 8

ACB-S-I-OOOI

3.

Modification NUIIlbec

04

4. Issuing INS Office Address:

5. City/County/State Government;

Immigration & Naturalization Service 70 Kimball Avenue South Burlington, VT 05403-6813

County of Hudson 567 Pavonia Avenue Jersey City, NJ 07306

Contact Person· ROllel'"~. Ftegeau. Contncting Officer Phone: (802' b6

Contacr PersOll: COlmty Administrator Plume: (201) b6 Fax:- (SOil 9S 1-6455 Fax: (2()l)795-642S 6. Description of Modification (EXCEPT AS SPECIFICALLY PROVIDED HEREm. ALL TERMS AND CONDITIONS OF THE AGREEMENT IDENmtED IN BLOCK 1 REMAfN UNCHANGED):

This modification number 04 is to provide equitable adjustment fo r burial fees of a de tainee in the amount of S 1000.00. ,

. Il1I

D

Lotal Government is nor required to sign this document.

Local Government iJ required to sip this document ond",1urn __copies to the issuing office.

7, Local Gov¢mDlenr:

S ~lure

(!,ortddition;d lOr_IUra!, please ",11xh

...,,,thc:r p.sc)

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Name ",d Ti l\e (Type~r prillt)

8. Federal Government:

~, g. <;;::;

Con

ffic.o:r SIJ1l&Nf'C

,,=r~ b." ..

112/0'3

Do.

'I
This agreliUIl2nt· is between the United States

arsha~s

~JI A--

Servj.ce, /f"./

Immigrat~on and Natura~ization Service and e County of aU~$oa New Jersey. ~n accordane~ with thsterms and condi t~ons sst forth in Articles Z through XII ~na SchQdu~es A, E, a Ii C.·

The following

~nd~v1duals

to accept and

are authorized,

commit to this agreement on the behalf of

}(..~" UNZTBD S~A~~KARSRDLS ~ZCE SIGNATtmE,

./

. COlJ:N1:'f OP

~.u6N C~

"'"f ''''''t''''¥

TYPED NAME: Benigno G. Reyna

TITLE: ______~n~i2r~e~c~t~o~r~___________

TITLE: ____~~pu~~~~~~-----------

ADDRESS:

ADDRESS:

TYl?5I] NAME: Charles L. MoNa;;!.

TITLE: ______~U~n~i~t~e~d~S,t~a~t~e~s~M~a~r~s~h~a~l~____

of New JersGY 50 Walnut Stree~ NJ 07102 Newar~

o~str~ot

ADDRESS; DATE: ______

: 567 pavoru.a

JQrsey

C~ty,

~vanue

NJ 07306

~~~~~~--~~~--------- OATE: ____~~~~~.~~~~n~------------------

SIGNATURE:-h~~~rT~~~~~~~____

DATE; ____+-~~~~------------------DATE: ____~=-~~----------------------

TYFED NAME:

Anthony S.

Ang6man

TI'l'LE: Depur.:y Executive .Associate Commi.!!lsioner . ADDRSSS; 425 "XU 5tree't, NW

Washington DC 20536

(NDXS: r1l:Ls c"o~erat:ive agreement is neitll.er binding signed by the Direct:or, U. S . M2lrsllals Service.)

nor effective unles

lLRTICLE 1:

AUTHORITY

The United States Marshals Servioe (USMS) an the ~mmig~ation and Service (INS) are authOr~zad 0 enter ~nto cooperative agreements with local entities to eetab~~sh at~s£actory oond~tions of con£in~ent and detention services in re rn for guaranta@d bedspac~ for xedera~ detainees as authorized in 18 O.S.C. 4013(a)(4),(U5MS) and a ~.S.C. 1103(a)(9)(B)I(INS). The Cooperative Agreement Program ~s administered by the us Naturalizat~on

PtlRPOSE

The purpose of this oooperative agreement i5 relationship between the USHS, INS and th~ H (the recipient). This agre.ement is predioat Government's requirement£or detent~on space recj,~i.entJ S provision of lSuOh $~:rvices. All 1n this agreemen~ are h1nding upon the signa ~T:ret.E

to establi.sh a legal

dson County, New Jersey

d upon the Federal and services and the

articles and schedules res of a~~ signatories.

It

ASSURANC~

Neither this agreement, nor any inte~est th Gin, may be assigned, or transferred to any other PartY without p~ior written approva1by the USMS.

This cooperative agre~ent provides for £ede recipient ja~l oonstruotion, renovation. and The rec~p~ent rece~ving federa1 funds ts ~e cert~fy that ~t wi1~, as a dondition of rece with app1icab1e federal ~aw and regu~ations cooperative agreements. Sy si.gnature to thi reoipient es~rQS and certifies itwil~ camp guidelines ~ x-egulations, and li!l'-1s stipulated

al £undi.ng of the or .1mprovemQnt programs. ired to assure and ving the £unds, comply overning grant lSi and agreement.. the y w~th all provisions, in this agreeIllent.

None of the pr~~e~pa~ aotivities o£ the proj ct-support~d effort sha11 ~e oontracted out to another org~=a ·on without prior apPl"ova.l by the USMS. Where the intention award eontraots is made known at the t~me o~ application, the appro may ~e conside~ed granted if these act1vit~es are funded as p posed. contraots or assignments must be forma~ zed in a written or other written agreement between the part es invo~ved.

A~l

Th& CQntract or egreement mustr at a min the t~me schedu~er the p~oje through requiremants that are appl~oabl~ ~eoip~ent, oth.~ po~ici.es andprocedurQs to limitation of the agreement and the cost pr determ~ninga~lowab1e oosts. The contract must not affect tne recipient's overal1 res duration cfth~ projeot and aocountabi~~ty QQ performed,

to

, $tate the pol~c~e9

oont~act

activit~es to £~O~­

and the

the contraotor or other be fo~~owedr the 4o~lar noiples to be used ~n r other written agreement ons~b11~~ £or the o the Government.

ARTICLE III

CQOPEBA1iVE AGREEMENT A.

Negotiat~ons

between tha rQoip~ent resulted in a formulation of a Coop

wh1ch 1$ B.

P~AH

1~corporated a~

d the USMS have ative AgrsQmQnt Plan

Sdh&dula B o£ this agreement. add~tions to submitting a r operations, USMS,

Raquest(s) for modification, deleti ns, or Sch~du1e

S

may be madQ by the rec1p ant

by

written r2quest to the Chief, Pr~so who must approve a11 chang~s in wriing. N~ither ~ha u.s. Marshal, INS or the Cooperativa Agr ement Frogram (CAP) reoip~ent is authorized to modify 0 othe~ise change this agrQ~Qnt

c. D.

in any way.

.

ThQ recipient·has ver~~ied and ens es that al~ project($) speci£ied in Schedule B meet applic ble state and local laws, standards, policies, proo~dur s, or court orders.

The

rec~p~ent

is responsible for p1

OVBrSeG~ng

the c~mplet~on of the pr quarterly progress reports and par1 payments; for certify~ng the accura vendor bi~~ings; for ensuring the c completion of project(s); and for i U.S. Marshal ~ :in wri t:lng,. of any is might affect the suecessful complet within the time frame(s) ana cost c SchQ.dule S-"

E.

ing, initiating, and ject(s); for

preparin~

cU.c requests for

y of CQntractcr and st-eff~~ent

and

t1m~ly

e4iately notifying the ue~

or prob1ems that on of the project(s) 111~g(s) s~@ci£~ed in

The UaS. Marshal is responsible for conducting monthly onof the projeot(s)1 for reviewing and certifying interim and final paymen requests submi. tted by tha rac1p:i.ent: £or ensuring that £unding ceilings are s~te ~n$PQctions

not e~oeeded, fer pro~id1ng USMS He r~comm~nQations on any p~oposed ch

dquarters with written ges or mod.1£ications to this agreement; and fer tmMediately no~~fying headquarters, in writing, of any issues or preb~e ~ that might a~~ect the sucoessful completion of the projec (s) WLthin the time ~rarae( s) and cost Oe.1.1.1ng(:!l) speo.if ed:ln Sch~du1.e B.

!RTICLE XV:

3

A.

The USM~ will provide federal fun ~g in an amount not to exceed $7,000,000.00 ($2,333,340 1 SMS; $4,66Q,660, INS) Only the GSMS for the projecC(e) listea in Sche le B. Headquarters is authori2ed to obI' ate and disburse the CAP

fur-cis. ~ costs associated with ecifi~ci fed~ral funding

B.

The recipient is responsible for the project(s) which exceed the s level.

C.

Fund~ specified and approved for e project shall not be transferred to another project or e used for ~ny other purpQSle unless authoriz-ed ·by a -wr' tten modification to this agreement.

p.

USMS Headquarters is to ~e notifi d of any funds which will not be expended by the CAP recipi nt for any approved

proj ect listed in schedule E. It is the sole discretion and right of the USMS to deterrnin how unexpend7d funds will be used. ,ARTICLB V

A.

The recipient shall, at the reque provide detention space and ~ervi prisoners{128 1n USMS custody an~ day at the Hudson County J~il for years commencing on the date of c projec~(s) listed in Schedule B payments by the USMS.

of the v.S. Marshal, for 384 federal 2SQ in INS ~ustody) each a period of fifteen (15) mpletion of all d the fulfillment of

t

eS

B.

may, at it!! discretion, enegotiate the agreement to reduce the number of guarantee bedspaces and the period of pe~fo~ance. Factors which rna impact the level of use are: reduct£on in USMS/INS popul tion,. closing of a federal court or redesignation of the fe~e~al court city and construction of BOP £acilitie

C.

The Intergovernmental Agreemenc ( GA) fo~ the housing of federal prisoners will remain in ffect through the period specified in Article V~ Paragra~h A, and thereafter until terminated in writing by the USMS or the r~~~pient.

D,

Daily jail rate payments negotiaced in accordance Local, and Indian Trihal accept a daily jail rate allocable jaiL operating

The. USMS

provided for in the IGA will be with Cos Principles fo~ Stat~,

Governrne ts. The recipient shall which is supported by actual and cases. c at of ~ocal law enforcement and local court suppo t costs are not allowable fo~ the computation of daily jail rai;e;!, ADEQUATE DETENTION SPACE & SERV+CE

4

A.

The re~ ~ient shall accept ana p. ~de secure custody, care, and safekeeFing of federal r~soners ~n accordance with state and l~cal laws, standa ds, policies, and procedures. Failure to comply with these pr~v Breach of A~eement as deta11ed i

s~ons may result A:~icle~,

in a

The mandatory minimum conaitions f confinement which to be met during th~ entire pe~io o£ the coopera~ive agreement are:

ar~

:1.

Adequate, t:rained. j ail staff will be provided 24 hours Prisoners will be a day to sup~rvige prisoners shift, but at least counted at least onc~ ~n eve twice in every 24-hour perio One of the counts must occupancy_ be visu~l to validate prisc~

2.

Jail 6ta~fing provides full posts and full surveillance

3 •

Jail pr~vides for three per day for prisoners. The meals must meet the nati nally re~ommanded dietary aJ.lowances p'-lblished by the ational A~ademy of Scie.nces.

4.

Jail

p~ovides

p;r;1.~Qners

•

security

24-hour emerge

for

5.

Ja~l maintains an automatic moke ~d fire detection and alarm system, and mainta n written policies and . procedures regarding fire an other safety emergency standards.

6,

Jail maintains a water suppl anQ wa~te disposal program that is certifi~d t~ be in compli&nce with app~i~able laws and regulati s. ARTICLE VI

PROVISIONS.

A.

The USMS will obligate and reserv the funds established under this agreement. Re.quests f r reimbursement for work complete~ w~~l

be submitted by th

Form 270 (Request for Advance or Reimbursement Oetail Sheet to the and certification. Payment to th only after written authorization Operations, or his/har designee. issued to vendors Qr contraeeo~a. to recipi~nts via electro~~ tran B.

recipient ona--StanQi'\.ra. eimbursement) wi~h a CAP

u.s.

Marshal for

revi~w

recipient will be made

y the chiet( Prisoner Payments will not:. be

Payments will be issued fer ot: payment:..

requests fo. payment submitte by the ~ecipien~ must be supported by valid invoices in ac o~dance with authorized projects spec~fied in schedule B f this agreement. ~l

5

Payments will only be made after n~site ~nspection by the U.S. Marshal or h1s/ne: Q9signee 0 ensure payment for work completed. Copies of paid invoic s shall be clearly ma~ked with the appropriace CAP project mber and maintained in CAP project files by the recipien. ~ll 5~ch Qoc~mentation shall be made avai~able for ravie upon the request of the U.S. Mar~hal, '[]SMS Read<;IUarters s aff, or a fed~:c~l audit agency,

c.

The recipient shall certify Chat 0 request for payment will be aubmiteed for work, mater'als, or services which have be~n previo~sly funded from ederal funds.

D.

The recipient

maintain

shal~

Use accepted

ccounting procedures and

books, record, and documents accurately reflecting all cost$ r lacing to this agreement for a period of at least three (3) years following sha~l

s~~h

comple~ion of all ehe projects a final payment. ~l such document·s will be subject to peri die on-site review as deemed necessary by the u.s. Mars aI, USMS Headquarters staff, and federal audit agencies.

E.

The recipient agrees to comply wi h che audit requirements of OMB Circular A-J.33, entitled 11 di.ts of State, Local Governments and non-p;r-ofit organi ations," and agrees to:

1)

a~ original and report to the cognizant days after the audit.

:2)

SUbmit: a copy of the au i t report: to the following Department of Juseice Regional Inspector General offie I

Submit

of the audit agency within

30

Mr. Ferris B. Polk

Philadelphia Regio Audit Offi.ce Regional Audit Man 701 Market Street, Sui.te 201 Philadelphia. Penn ylvania ~9~06 3)

A oOPY of the transmitt ragional

a)

inspectc~

Audi t Services

gene

Justice rograms of Just ce 633 Indiana. Avenue N.W. 0531. Washington, P.c. O~fie~ of

Departmen~

add~essed

to

be se.nt to:

th~

b}

U,S, Marshals

Se~ ce Services ivision 600 Army Navy Driv Arlington, VA 2~2 2-42lQ ~risoner

F.

The reci~ienc shall submit its co the audit report to the DOJ ~~~io the~e a~e findings/recommendation report. The corrective action pl specific steps taken to comply wi (2) timetable for performance and for each reeommendation; and (3) to be conducted to ensure impleme

rective action plan with

al Audit Office, when disclosed in the audit sho~ld ~n~lude: (1)

h

~he

recommendations;

Or implementation date

ascription of monitoring

tat~on_

.

G.

Audit reports mu~t be ~ubmitted aI initial aw~rd of th~ cooperative work authorized in Schedule B has reimbursements from the USMS have to furil.ish an accept:able audit a~ cognizant agency may be a basis f future federal funds.

H.

The recipien~ ~ust comply wi~h th fo~lowing spec~al conditions contained in the Treas ry, Pos~a1 Service and Genera~ G~vernment: APpropriations Act, Publi~ Law No. 1023~3, 106 stat_ 1729 (1932); (a)

!n any contract award qf recipient a~~ees that no $ha1l be used to finance the .ervices r 1nclud~ng const~c unless the recipient agrees, receipt of ~he grant des crib

,1. }

ually from the date of greement until all the ~een completed and been r~~eived. Failure determined by the r withholding or denying

,000 or morel the t

of

~h8

contract

~ward

acquiSition of gOOQ5 or ion~ for the project as a condition for d herein, to -

$pecify in any announce ent: of the awarding of the contract for the pr curement of the goods and

services involved, incl ding cons~ru~tion services, the amount of federal funds that will be used to finance the cquisition; e.no.

(2)

(b)

expra~s the amount ced pursuant to paragraph (1) as a perc ntage of the total of the p~anned acquisit en.

c~sts

The requirements of sub~ecti n (a) shall not aPFly to a procuremen~ for goods and ervices, including constructiqn services, that less than $500,000.

7

as

an aggregate value of

1.

re~

~equired t

atablish and maintain ecords that accurately account for the funds awarded. T ese records shall include botn Federa~ Funds and all rnatchi g funds of State, local and p~ivace Organi2ations. Seate a.nd localreeipients shall eXpend and accoun~ for fund in ac~ordanee with State laws and pro~edures for e~ending and accounting for its own funds, as well as meet the fL ancial management standards in 28 Code of Federal R gula~ions (CFR) ~art bO and current revision~ of Office 0 Managemen~ and Budget (OMB) Circula~ A-87, Cost P~incip es for State and Local Governments. The

tent shall be

accounting systems and financial

J.

Recipiencs are responsible for co

A-B7 and 28 CFR Part (5e;

and the a covered therein, To avoid po~sib or dispute based on unreasonablen under the specific cost prin~ip~e p;t;"ior- approval on the treatment 0 costs.

lying with OMB Circular lowability of the costs e subsequent disallowance as or unallowability , recipients muse obtain special or unusual

K.

Requests for prior approval of co ts must be in writing and justified with an explanation to ermitreview of the allowability of the costs. The r quests ar~ to be submitted through inalus10n in th application or as a separate written request to the U S.

L.

Changes in CAP p~oject. All requ and/or administrative budget chan tirne~y m~nne~ by the recipient.

for programmAtic be sUbm1tted in a

bRT:rCLJil V:C!

All

of this agreemen~ ~hal1 quest~ons relating co the int~rpretatio be" addressed ~o the Chlef, ~risoner Operati ns, and resolved by the reeipient anQ the negotiation between the representative(s) c Chief of Prisoner Operations. Unresolved di pute$ will be referred to the Assistant Director for th~ Prisoner Se ices Division and Chief Executive Officer of the local gov~~~ment.

Th@ Director, USMS, will be the final decid'ng off1~ial in all disputes concerning ehi~ agreement, unless therwise adjudicated in a court of law.

STO~

WORK.

A.

The recipient shall wit~n t~rty beginning of any delay, notify ch Operations, in writing, of the ca the judgement of the Chief, Priso is warranted, the time for comple

(30) days from tne Chief, Prisoner sas of the d~lay. If, in er Operations, th@ delay ins the work shall l:le

accordingly by formal mo '.cation. The findings Prisoner Operations, shall be final and conclusive on the reoipient, but . subject to "resolution unQer the Disputes Clause in Artie f! VII. extende

of the Ch.iefj

The Chief, Prisoner Operations J m will accept a written order to ato

B.

issue and tne reeipient work on any project(s) funded under this agreement. Sue orders may be issued upon evidence that the recipient i failing to comply with generally acoept~d accounting pri ipals, financial disclosure or ~epo:z:t.ing requireme s, or i5 deviating from the agreed-upon projects or projec descriptions in S~hedule B. Por project costs inc rred durin~ the stop" work period, no CAP fund reimhurs en~s may be made to the recipient.

c.

A Stop Work Order may be cancelle

D.

The re~ipient is res~onsible for the issuance of a Stop Work Order mate~ial, equipment J or services the issuance o~ the Stop Work Ord cancelled.

A.

to an

O~Qer

of termination.

J

rei"ssued/ or converted

y costs incurred after less such work, .e purchased prior to and delivery cannot be

" This agreement may be terminated . n full or in part by the ~ecipient at any time prior to th completion of the p~oject(5) listed in Schedule~, rovided that all federal funds .eoeived for the projec~(B) y the recipient are refunded in full to the USMS. If any CAP funds have been disbuxseQ to the CAP recipient, r imbursem~nt will include full xepayment ~lus interest retr actively computed fyom the receipt of the first CAP paym nt. ~nterest will be calculated at the prevailing inte est rate at time of termination. All termination not'ces shall b~ made in writing by the recipient and sent to the Chief, ~risoner Operations t via ~egister~d mail, ixty (50) days prior to the effective date of the termina ion.

B.

~his agreement may b~ te~nated or in part by ehe USMS at any time p~ior to ehe cem ~~tion of the project{~) ~isted in Schedul~ Sf Such ~ermi ation(s} may result from the fa~~ure of the recipient to s art or eornplete a project in accordance with the agreement. A s i:x.t::y (G~) day wri"tten termination notice shall be ~ade y the "Chief, Prisoner Operations J to the recipient.

C.

This' agreement ~hall not be termi ated by ei~her party after the completi,on ofa~l ts and the issuance of 9

i! inal 1.

-ment by

the USMS

I

unleSl:!ll

~re

is mutual agreement

t:o d.o so.

D.

This agreement shall not be delay d, suspended, or terminated by the ~ recipient f r purposes of relieving cvercrowded conditions due to th~ issuance of a feder~l or stat~ court order or the issuance f a directive from a state or local government en~ity. Any such action by a CAP reciF~ent will be ~onsidered a ~r ach of the agreement and ~ubject to the terms of Article X. When faced with overcrowding ~ond'tionsl it is the s~le responsibility of the CAF recipie t to ident~fy and obtain alternative acceptable jail space so that the guaranteed USMS and INS bedspace under Artic e V will not be affected.

A.

The CAP recipient muse provide sa ure housing and all the detention $pa~e and services Qutl'ned in Article V. Failure to do ~o may be considere a formal breach of this agreement as outlined in paragrap B below.

B.

In the event secure housing or de are not provided at the level gua Director for Prisoner Services Di a breach. exists. Howe.ver, be:!!ore not a formal breaeh of this agree

eneicn space and services anteeQ, the Assistant ision may determine that determining whether or

ent has occurred, the

USMS w:Lll:

Issue a letter of inquiry vi

the days of receipt, in writing, to t e Assistant Director for Prisoner Services DiviSion, isting the reasons for not providing the agreed upo detention space and services.

:2.

Upon receipt of the written

CAP recipient

registered mail

~o

1.

who will respo d within chirty

(30)

esponse, the Assistant Direotor for Prisoner Servic ~ Division will d~termine if the reasons for nonperfo ance (i.e., t~c~lity fire J natura~ di~ase~r, ~nma e rioe, etc.) a~e acceptable and may initiate ormal negotiations ~o resolVe noncomplian~e throug revision of the terms of

the agreement. 3.

c.

If resolution cannot be reac ed, then a formal breach of agreement notice will be seued and sent CO the CAP rec~pi8nt v~~ regiscered mai .

If the USMS issues a written rec1p~ent shall:

the CAP

~o

e of brea<:!h of agreement

J

1.

:XJ.ct all CAl? funds provide cJ.der the cocperati ve within thirty (3D) ~~ys after receiving the written formal breach of ~oo erative agreement notice issued by the USMS.

2.

~I any CAP funds have been d'sbursed to'the CAP re~ip.ient, reimbur.l5em~nt. wil include full repayment

R(

ag~eernent

plus inter~5t retroactively omputed ~o th~ date of receipt of the first CAP pa ene. Interest will be calculated at the prevailing int.erest rate at the time ot breaeh. 3.

The recipient shall also rei burse the USMS for

a~sociated with the Ie prisone~s to another facilit ~osts over and above th~ per

~ll

costs

ocationof feQeral , including all jail diem rate paid that would have been paid to the recip1 nt for the en~ire period of performa.nce.

p.

The provisions of this Article wi only after a violation of the pro space have been established, and USMS, INS and th~ re~ipient have aceeptable reso~ution to the. U'SMS breach of agreement ha~ been issu Director for Prisoner Services Di reci.pient.

CAP ADMINISTRAtIVE

1 be ~nforoed by the USMS isions for guaranteed egotiations between the ot re~ulted in an and a written notice of d by ~he ~sistant ision and ~eceived by the

IU!:Qt:T.:r~S

A.

(1poI1 ejoCecution of t.his agreement, the USMS shall provide wl:-it:;t.e.n administrative packages t the CAP recipient, INS and the u.s. Marshal.

E.

CAP Recipient

l.

The CAP recip~~nt is respons'ble for submitting, through the u.s. M~rshal to 5MB Headquarters, ~risoner Services Division, qua~terly progress report whether or not work h s begun. 'I'he quarterly report must be rient to the US. Marshal no laoter than five (S) working days after he close of each quarter uncil a.ll work has been comp eteci.

2.

Failure to submit quarterly rogress reports or comply with CAP adm~ni5ti~tive proc dure~ may be interpreted as noncompliance with this a eemen~ and subject to t~rms and eonditions of Arti le X of this agreement.

3.

A final CAP close-out report shall be submitted by the rec:ip.ient at the completion f all projects and after, final payment has been recei ed. This report inc:ludes

t: date (s) of completion, Q I:.IS} of activai:.icn, and final oosts. This elose-out report: must. be slibmie.eed no lace: than ninety (~O) da}s after compl~tion of the projeot(s}, but preferably a~ soon as the final payment has been received. 4.

All recip1ents receiving dir ct awaros from the USMS are ~esPQns1ble for the mana ement and fiscal control of all funds. Responsibilit'es include the accounting of reoeipts and expenditures cash management, the maintaining of adequat;e fin cia~ records, and the re~~nding of expenditureQ di allowed by auQit~.

s.

Where t:he project or one of 'ts components is delegated to a contractor or other state or local organization, the ~ecipient 's nevertheless responsihle for all aspects f the program, including ~roper accounting and £inatt~ al record-keeping by the sub-recipient or contractor. The~e responsibilities

include = (a)

Reviewing Financial Ope be familiar with, and p reoipient's and contrac operat~one, records. 5y Particular attention is maintenance of current

(b)

ations: ReCipients must riodically.monitor, the or's financial

tern, and procedu:C~5. to be directed to the inancial data.

Recording Financial Act vities: The recipient's award or contractor's 0 ligation, as well as ca~h a~vance5 and other tina cial activities, shall be recorded in Che books 0 the reci~ient in summary

form. Recipient/contra recorded on the books 0 evidenced by report fo recipient/contractor. applied to programs OJ;'. must likewise be :;;-ecord inoome resulting ~rom p

tor expenditures shall be the recipient, or duly filed by the subon-Federal contributions 'roj eot:s by sub- recipient s d, as would any program ogram operations.

Program income means gr recipient/sub-recipient as a direct result of t result is defined as a activities that are Q:.ir CAP funds and which are goals ~nd obje6~ives of

ss income earned by the during the funding period e CAP awa~d. Dir~ct pe~ific act or set of cel.y attr.ibutable to the directly related to the the project. Determi:c.atio:os of "dire t resu~tn will be made by the USMS. Reaip~ents W 0 anticipate receiving income as a result of t e award of CAP funds must informat~ to th~ USMS a~ the time

disclose this of award.

12

Budgeting and Budget Roe V~ ~he recipient shall ensure that each sub-J;"e ipient/contraeeo~ prepare an adaquate budget on w ich its awarctcomm~tment will be based.

The det i1 of each project budget ile by the sub-recipienc

shall be maintained on or contractor.

Acoounting for Non-Pede Recipients will ensure, recipients a~e requLred mat~hing shares, that t limitations 1 and regula

Cd)

al Contributions: in those instances whore ~o fUrnish non-Federal e reauirements. ions -pertinent to nonFeaeral contributions a e applied.

eel

Audit Requirements: ensure that

Re ipient5 are required to

sub~recipie ts/contracto~Bhave

all necessary audit re Article VI. ( f)

G.

Reporting Irregularitie sub-recipients/contract promptly notifying tbe any illegal acts or irr proposed anQ actual act aces and irregularities conflicts of interes~, or reports, and misappr othe:e- assets.

In accordance with 28 CFR Pa

~lO,

all financial records, statistical records, and oth contracts or sub-awards a~ar be rEtained by each organiza p~ogram or project for at le of Federal examination and a

met irements as set forth in

Recipients and their are responsible for eCipient and the USMS of

r~

gularities and of ons,

if any.

Illegal

include such matters as alsification of .eco~ds priation of funds or 66 or OMS Circular Aupporting doeuments, r records pertinent to

ed with CAP funds ,shall

ion participating in the st 3 years for purposes

dit.

.

The 3 -year retention period et forth in the previous paragraph, starts f om the dat~ following completion of all rojects and the final payment. If any litig tioo; clairn l negotiation, audit, or o~he action involving the ~eeords has been started ~e .e the expiration of th~

3-year period, the reco

s must be retained

until completion of the act' n and resolut:ion of all issues which arise from it or un~~l the end of the regular 3-yaar pario ( whichever is later. 7.

Ae(!eeS

to Records; The USM and the Comptroller of the United state , or any of their author1zed representatives, ~ha~l have the right of acce~s to any pertinent boo s; documents, p~per8, or other reeords of reeipients or its sUbrecipients/contractors, whi h are pertinent to the Gener~l

1.3

a ~Q, in order to make audit e;x;am:inati.ons, excerpts, and transcripts. ~e rights of aecess must not be limited to the requir ~ retention period, but shall last as long as th~ re ords are retained.

s.

c,

Delinquent debt collection: he USMS will hold recipient aecountahle for an over~ayment, audit disallowance, or any ~raaeh thi~ agreement that results in a debt owed to th Federa~ Government. The OSMS agency shall apply inte at( ~enalties, and admini~tra~ive costs to a del'nquent dsb~ o~ad by a debto: pursuant to the Fede Claims Collection Standards.

u . S, Ma.rsnal 1.

A written monthly progress ~e o~t must be completed, reviewed, and signed by the .S. Marshal. The report must be submitted to USMS Rea quarters, ~ris¢ner Servi~es Division, on the fif h workday of the month after .eceipt of the administ ative package. A

progress report ~5 required e an if actual site work hi!ts :q.ot yet begun. 2.

all work has been cornple ed, the U.S. Marshal is required to immediately perfa an on-site elose-out

Onc~

inSlrlection. 3.

the re~est for final p e n t is made. it must be accompa.nied by the CAP elose- ut report from the

Wh~n

U. S. Marshal.

ARTICLE

xrr

Personnel and other officials conn~~ted wit adhere to the requi~ements given below~ Advice. No offi~ial or employee Yeeipient, or a contraotor shall th~Qugh decisions. approval, oisa the renderLng of advice. inves~i9 proceeding, application, request determination, contract. grant, c claim, controversy, or other part Department of .:rusti~e funds are u knowledge I he/she or ~s/her imme organization Qthe~ than a public gerv~ng as an officer, director. employee cr any person or organi.z nego~iating O~ has any arrangemen employment, has a financi~l inter length eransacticn. 14

the

ag~e~ment

shall

f the recipient, a subarcicipate personally royal, recommendation, tion J or otherwise in any

or a ruling, or other operative agreement, cular matter in which ~d,

where to his/her ia,1;e fatnily, partners, gency :i..n 'Which he/she is rustee, partner, or t.1on wi.th whom hoe/she is conce~ing :J:t:~ or less

prospeccive than an arms-

(2)

Appeal: =e. In the use of Depart' 1t of Justice projec;:t funds. officials or etnp~oyees of ~.Le recipient, a subrecipient or a contractor, shall void any action which might result in, or create the ap earance of:

(at

using his or har official po icion for private gain;

(b)

giving preferential treat men

(c)

losing complete independence or·impartialitYi

(d)

making an offioial decis£on

to any person;

utside

off~c~al

channels;

or (e)

affecting adversely the conf the integrity of the Governm

1.5

of the

publi~

the program.

in

OSMS COOPERA'l'J:VE AGRE~ ~GREEMENT

NO.

CBEDULE A

O~-SO-O

The recipient hereby assures and carti£i.s e mplianoe with OMS C~rc~ars A-a?, Revised A-102 (28 CFR, Part 66), and A-l~3 as they relate to the prOject, ana the fo1low~ng re lations, pol~~1QS, gu~delines, and requirements:

The 1.

rec~p~ent

cQrtifies that;

It possesses legal authority similar aotion ha aet o£ the applic author1zing the tiling of the applicati

the grant, that a been duly adopted or trs gov~~ning body

reso~ution, mot10n or pas~Bd as ~ of£ieial

,

~Q

the

~endering

of

all understandings and assu~ances oonta ad therein; and that the person identified as the official r r~sentat~ve o£ the app~~cant ia authorized and directed to act in connection with the application and to prov~a8 such add tiona~ information as ms2'" :be raqu:l.red.. 2.

It will comply with Title VI of tha C~V u.S.C. 2000d), and in acoordance with t person ~n tbe Un~ted states shall, on t or nQtiona~ or~gin, be excluded £rom pa the benef~ts o£, or be otherwise subjec under any program or act~v~ty for which federal f~nancial assistance and will measures necessary to @XQcute this agre

1

~1ghts

Act of 1964 (42

at Act l ensure that no 61 ground o-.f race I color, ticipat~on ~n, be denied ed to discr~inat~on the applieant receives ediat.ly take any

ent.

It wi~1 comply with Title VI o£ the C~V 1 Rights Aot o:t 1964 (42 U _·5. C. 2000d-3).I prohibi t:,ing emp1o:YD1ant 4~scriminat~on where (1)

the primary p~pose O~ a gran~ is ~o pr di5cr~inatory employment practices w~l

. treatment of persons who are or should

vide employment or (2) re$u~t in unequal bene£iting ~rom the

grant-aided aetivity. 4.

It

wil~

comply with

requi~ements

of Tit e I I and

T~t1e

III of

the Uniform Relocation Ass~stancQ and R al property ACquisitions Act or 1970 {Public Law No. 91-646, 84 tat. ~a94, as ~ded), whieh'prov~des for fair and equitablet eatment of persons disp~aceQ as a re$u~t of federal and fe erally ass!lsted programs.

5.

It th~

6.

.,.:L~~ comply w~th the proV'illtions of t pol~t~c~ ~ctiv~ty of emp~oyeGs.

rt wi~~ oomp~y with the minimum wage prov~s:Lon~ of the FQQ~ra~ Fai~ Labor app~y

and

to

~oca~

hoap~tal

and educationa~ governmQUtsc

16

e Ratch Act which J..i.m.it maximum. hours

st ndards Aot, as they inst~ Qtion employees of state

It wil~ estab~1sh sa£eguard$ to pro~b~ ftmp10yees from us~ng their positions for a purpose that 1s 0 g~vesthe appearance o£ being moti~ated by a desire for private gain for them~el~es or others~ particular~y those that havQ f ily, businesses, or other ties. 8.

It will give the gr~ntor agency or the through any authcr1~ea representative, to examine all records, books, papers, the grant.

9.

It will comply with 28 CFR, Part 66, A in~stra~ive Requirement for Grants and Cooperative Agreements t state and Local Governments oonOl'!rning requirements of aw, program requirements, ~nd other administrative &qu.1.rements.

10.

It wil1 comply with the audit provisio (A.udits of State and

LQca~

cmptroller General, ccess to and the right r Qocuments +alated to

of OMB

C~rcular

A-l33

Governments) and QopJ.es of each

annual aUQit report shal~ be submitted o the appropriate cognizant agency and the Department of ust~ce Regiona~ A~dit Off~ca. The reports are to cover the p riod £rom init~a~ a~ard o£ the oooperative agreement until all he work authorized in Sohedul~ B is oomp~ated ana raimbursem t from the USMS ~s received. 11.

It will ensure that ~ha facilities unde which shall be ~ti2ized in project are not l~ste~ on the Environme (EPA) list of vio1ating,£ao~~itias and federal grantor agency of the receipt 0 the Director o£ the EPA Office of Feder that a faci~ity to be used ih the prcje for li3t~ng Qy th~ EPA. supervis~on

l2.'

its o~er~h~p, lease or he accolllp~;i.shment of the tal Protection Agency's hat i t wi11 notify the any commYn~cat~on from 1 Activities indicating t 1S under considerat~on

I~ will comply with the flood insurance purchase ,requirements of Section 102(a) of the Flood Disaster Pr tacti.on Act of 1.973 amended). Seotion {Public Law No. 93-234, 87 Stat. 975, a 102 ( a) requires the purchase o:f £~ood i. suranoe .in oommuni. ties where such ~nsuranca is ava~lablQ as a ondi.tion £or the receipt of any federal £inanc~al assistance for construotion or acquisi. tion purposes ;for use i.n any &rill tha t ha.!ll been idantif~ed by the Secr~ta~ of the Dspa tment of Housi~g and Urhan Developm~nt as an area having spe ial fLood hazards. For purposes of the Act, the phrase "Fedara P'iha.noia~ .A1il1iI.i.$tanoliil incLudes any £orm o£-lcan; g~ant; guar ty ~ insurance payment, rebate, subs.tdy, disaster ass.istance 10 or grant, or any other form of direct or ind~rect federal assi tance. TI

13.

It wil~ Sec~ion

assist the £eQara~ grantor agen in its compliance w~th 106 of the NatLonal HistoricPr ervation Aot of 1966, as amended (16 u.s.c. 470), Exe¢ut~ve 0 der 11593, and the Archeo~ag1ca~ and ~sto~~Q PrQsQrva~ion Act of 1966 (16 U.S,c.

17

469a-l at seqw) by (~) oonsulting with he State H~s~or1c P~eservation O££1cer on the conduct o£ nvesti9at~ons, as n~cessary~ to identify pr~pe~i.a 1istQ in o~ aligible £or ~nc1usion ~n ~he Na~~onal Regi~ter of H sto~~c P~aces that are subject to adverse e£fects (s~e 36 CFR ~t 800.0) hy the

activity, and notifying the federal gra tor agency of the

exi.,stBncliI o£ any such properties,

and b (b) comp1ying with all establisbed by the federal grantor agenoy to avoid or mitigate adverse e££ects upon such p op~rtiQSt. requ~rement$

14.

15.

It will comply wi~h re~at~ons at 2S C Executive Order 12549, Deb~ent ~nd Su partic~pant$ w~ll submit certification suspens~onr and other responsibility rna regulations.

R, Part 67, implementing pension. Prospective egarding debarment ters ~n aocordanoe w~th l

It will eomply w~th 31 U.S.C. 1352, ent tIed "LiJllitati.on on Use of App~opriated Funds to In£~uence C~t ~n Federal Contract~ng and Financial Trans~otionS,n anQ p.~d Certification Regarding Lobbying and a Disclosure o£ Lobbying A tivities Form, SF-LtL, ~ore. if applioahle, for awards $100,000 0

or

16.

the Drug-Free Workp aoe Act o:t 1988 CFR, Part 67, SUbpar~ F and certify that 1. t

It ~ill comp~y w!th re~a~ed at 28 mainta~ns

a drug-£ree workplace in acco dance w:1th the

r(llgulations. 1i.

It will comply with Executive Ordar 126 9, Seismic Safety of Federal and Federa21y A~sisted or Regul ted New Building Construotion, &na the Earthquake Hazard ~eduction Program Act of e National. Ins~itute of 1977 1 ~~ amended. In aceordanca with

Statld,lil:;;-ds and Technology (NIST) IR 4852 Interagency comm~ttee on Seismic Sa£ety in Construction (LeSS ) RP 2.1-A, Guiae~Lnes and Procedures for Imp~ementation Of t E~eoutLve Order on sQismic Safety ot New Building Const~c ~cn, i t wi11 ccmpl.y with the followtng 1991 International Confev nee of Bui~d~hgs Off'iei.al.s (LeaO) Uni:form t3ui~ding Codes its seismic des~gn

standard for new design and constructio (1)

1991 tOEO Uniform Building

(2)

15192 Supplement to the Ell.lilcUng Of .ie.ials and COQ~ Administrators caOCA) NatiOnal. Bui ding CodQ; and

(3)

1992

Amendment~

( SSCC)

Code~

to the southern

Standard Euilding Cod.9.

1.8

~ding

Code Congress

a WlU.

,

.u I!O

IS

COOPBBATIVE AGREEMENT

AGRBEMENT NO. 02-50-02 GOV'l'. UNIT. Hudson CrllJnty

ESTIMATED DATE OF PROJECT{S) COMPLETION

PROJKCT NUMBER

].lJ ,l[}3

PTIJI"N

FACILITY Hndso n CQun;;; Correctional Center

""ESTIMATBD DA'1E BEDS AV1\I~LB ],ll ,lO3

*BS'l'IfomTBO DATE

BEDS EXPIRE

PROJECT DESCRIPTION

J.lJ t18 .

TTL. FUNDING CEILING

(USMS $2,333,340 INS $4.1 666 ,660) 002-50-02 FP

ExpanSion and renovation of existing

.

detent~on

center.

$7,000,000.00

•

1iECIPl

.T OUARTERLY CAP

:~::.JS

~

N$TRUCTION$: ! t is the respen9.ib1~ity of tbe recipient £acil.:i.ty to pr-apare a CAP ':regress report quarterJ.y :for ths projects:( s) she wn below which have' OQ..rl .uthorized in the CAP agreement. '3:he CAP Reo.ipient 91: ouldmeke addi tionaJ. copies r£ the report for futl,Jr~ quarterly submission. Ix ~dM tional. spac::e is needed, hi.s report can be continued on pla~n white .bolld paper. The compl.ete rQPort hou~d then be suomi tted to the ~ocal u. s. Marshal wh( wi.~l rev.i.ew and :forward i. t o the USMS HQadc;zuarters. If you ha.ve any questions c r need ac.d.i t.t.onal guida.nce, lease contaot the CAP Proqram Adm.t.n.:i.strat'or en (20 ~) 307-5100. .

• ~.

Faci~ity

Name: Hudson Qgunty

CAP Project Number

3ai~

2. USMS CAP

detention center

02-50~02

5.

USMS $2.3:33,340.00 and

INS

l'rotal Work Start Date: __~7~/~1~/Q~J....................______

No.:

Funding Ceil2ng

Description Cons'b;uctj,on of exj,sting

002-50-02 PP

A~reement

$4,666,~60

$7,000,000.00

Estima~eo Complet~en

Date: 7/1/03

Funding status:

FunQs Approved USMS/ .INS Funds

Funds Obligated to Data

Balance Remaining

$1,000,000.00

Total (a+b) Latest estimate o~ tota2 cost $ _ (If the cost estirnatQ differs lm the funds appr~d 1.n. .1 tam 6 above, plea.se provide wxi tten jUlit.if.t.oation as .1. as an explanati.on o:f how the add,:!, tional funrJ$ ;r ~quired will. be obtained. )

Progress to Date __________________.....______________~...................................--------------Problems Noted (i.e., need for

modifioat~ons,

(name o£ 1oca2

dG~ays

gov~ent o~t1~~~1

CATl'!::

Sl:GNATtJRE: R£VJ:iiWED ,BY;

antiodpatad, Qte.)

u .. S.

Ma%shal.

and ti.tle)

County ofHudscm

595 Newark Avenue

Jcrsq City, New lasty 07306

Modification No. 02 ACB-5-\-OOO1

. This modification nombcr02 to !he Inte:govcmm=al Servia: Agrr:c:meDtACB-S-I-OOOI _ tIJc following c:!uJDge.s: ARTICLE n - COVERED SERVIcrS Add: ~ph2 . 2. The O:mIXlilXOl: will provide &nard 1raDspartation servi= to and ficm vadoas locatioo.s "''''luDod by tbolNS orU's.MmbaIs "tbohoIlTIYrali: at W.76:md mileage .,$.325 pertDi1e. (.....hdlfwUSM only) Add: '!be biIIlDg add=s aod POCfwthe folli>wiJ>g USMDi.1rirt'

Easrem Distciet O!PCiltlS)'lnnia

u.s. M:m;h.. Is Servia: 2110 U.s. CoortbQnsc 601 Mad:
PIliIodclphia. PA 1~106 PCC: Ger.dd hilIey. Doputy U.s. M=bal Pb_: (215) b6

u.s. Department of Justice

l:m:mi;grariOD &. NamraJizaticn Savice

GUAl2..t?o;jy,.NsmRTATIoNSgsmrES TO QaMi'@I~OUSP: I_ The.Local Govan"..."" ~ up:in ~t of1hc. OSM ip ....h~ CUSlDdy a pdsDnc:r ~ held. m pawidc a iUJSPCttation ami. ~ gu.ard s~ tor fedtlal :pn$Otlcrs housal ~ tbcufaQUty ~ 20d f%pm the: U.s. cOJittbg~ The Lx:aI Gov!:rDmetlt 2gtC1:S rb th= folloW11'1g:: it-

b.

.

~ g'tWcI 5Q'Vi=s will be performed by at least two (2) amu:d' q1llIlified ofJil;::rs employed by the Local Govemment under their policies. ~. aDd pt:aaig::s, .aDd will imgrn=:l( such pnactio;s as may b=, ~ by the USM 10 enbanc:= sp=;:j:fic; ~~cnJ:O fer~. prisoner mororcring. and CQiltr.!Domd c.cmt:n:d; T~QJl _

Upon 3tlivaI at ~ 1:D'LU.'tbctl5r; tr&D.5~OD at)d ~ guard. willllU1l ~ pxis:cpc:n oYU raD(;pUtY U.S. Marshals onll~~Wlcm by the ~ of pttlpc:r Ja'¥ enfo~~

aedentia.ls; ,

c.

,

'I'M.L..oc:al Go~ trill rIOt tnIllSport f~ pri$Q~ to any U.s. ~ witbcur a. sprclfic n:qncst ficm 1hc. USM ,...ho will provide the priSDner" oS n:a:m.e. ~ U.s. ~ 'I!1ld. the The prisoru::r is to be ~

aar=

2. E:iu::h pri~er ~tian-

w.ill be ~ in hmldc!ltfs. waist ~~~! ~lcg irons dUring

~b sqvja::s will be performed b)lliUali&d: l.:lw £n!~nt :~r c:om:c.tiQQal. offi=r ~=I cm.p1Q~ b1 the l.Dcal Ga~t:UTld.T1:beir;p~~ No.::edurcs, and prnetk:cs. . The I...caJ. GoVemmeDr.agn::cs to aIl~C sw::b p~~ at: may be ~ by the USM to enbll'.ll£:e ~ifi& n=q~ts fot scx:arity. :pIisoac:- maniIl?ring. "j;Si.?rion. and ccmtr.abatIl:i ' 3.

ccnJn)l

4. Th.eLc.:al ~ 'OriD contill~ to be: liClhlc for the ~~~t itS c:mploy=:s w.w1e they arc uansporting- feder.d pO$oncrs on beIWf of me USMS. Pu.rthL':
of

S_ ~ the LQc:.tJ Go...-emment ~ to hDld hannlt!iS!1. and it:ldel:nnify the USMS aDd its officials in their ofik.i;d aqd hltdividual cap&citir;s from ~y 1i~~> inclurlilig third-party IUtbillt), worke::ts" CO~O.D.. ari$g from the CDndu.c;t -#Ihc l~ jail cm:ploy=s durin: the COUtSe of'traDspottin,g ~ pri:;aDI!'# aa behi!.f of the U~MS. . ,: ,

6,

,

1be Fcdc:nU Gc1lClTlment ~ ro reimburse rhc l.ooll}:iovenpicent ar lhe me $~ CD

, page one (l) CJf.rb.i$ a~t.

County of Hudson 595 Newark Avenue Jersey City, New Jersey

07306

Modification No. 01 ACB-5-I-OOOI This modification number 01 to the Intergovernmental Service Agreement ACB-S-I-OOOl makes' the following changes: The U.S. Marshals Service is hereby included as a user agency within this Agreement for the housing and subsistence of federal prisoners. Invoices shall be submitted through the local Marshals office for certification and processing of payment for services rendered. The billing address

and poe

for each District is as follows:

Southern District of New York u.s. Marshals Service U.S. Courthouse 500 Pearl Street, Suite 400 New York, New York 10007

poe:

SDUSM

Phone: 21; Facility Code:

b6,b7c b6,b7c

3YU

Eastern District of New York U.S. Marshals Service G-80 U.S. Courthouse 225 Cadman Plaza East Brooklyn, New York 11201-1818

poe:

SDUSM

Phone: 718 Facility Code:

b6,b7c b6,b7c

3YU

District of New Jersey U.S. Marshals Service 50 Wa.lnut Street Newark, New lj~r~F!V n71 poe: SDUSM b6,b7c Phone: 973 · b6 b7c Facility Code: '3YU

n?

U.S. Department of Justice Immigration & Naturalization Service

~~~j~ RQ;:: E. Fr~au,

Date

Contracting Officer

County of HUQson, New Jersey

Date

. IMPoRTANT:

I

ORDER FOR SUPPLIES OR SERVICES MarK all package$ and paporS with contract and/or order numbers.

1. DATE OF ORDER

02110/2009

I

6. SHIP TO:

2. CONTRACT NO .. (If any)

. ACB-5:"I-OOOl

PAGE

Or PAGES 2

1

a. NAME OF CONSIGNEE

14.REQUtSITIONIREFERENCE NO.

3. ORDER NO.

ICE Detention & Removal

192109FNY31120030

HSCEDM-09-F-IG073 S. ISSUING OFFICE (Address co"".pon~tICe to)

b. STREET AODRESS

Immigration a nd Customs Enforcement 801 I street, NW Suite 900

ICE/Detent Mngt/Detent Contracts - DC . Immigration and Customs Enforcement Office of Acquisition Management 801 I Street NW, Suite 930 Washington DC 20536

Co

IDC

CITY

d. STATE

Washington

f.SHIP VIA

7. TO:

j: e: ZIP CODE 20536

s. NAME OF CONTRACTOR

COUNTY OF HUDSON

II. TYPE OF ORDER

b. COMPANY NAME

Da PURCHAsE

c. STREET ADDRESS

REFERENCE YOUR:

IKl b. DELIVERY Except fer billing instructions on Ihe ,eversa, Ihis dolivery order is subject

595 NEWARK AVENUE

10 Instructions oonlailed on this sldB only of this fonn and is Issued

subject 10 lhe terms and conditions of the abovo..,umballld c:ootract.

Please furnish the follOwin~ on the llIIm.

and conditions specified on bolh sides of

d. CITY

this o<der and on the attached sheel, ~ any, Inclucfll1g delivery as indicaled.

r · STATE Jf.ZlPCODE .

JERSEY CITY 9. ACCOUNTING AND APPROPRIATION DATA

NJ

-

073062394 10. RECUISITIONING OFFICE

See Schedule

ICE Detention & Removal

11. BUSINESS CLASSIFICATION (Checl< appropriate box(es»

o

D a. SMAll

o

b. OTHER THAN SMAll

De. HU8Zone

d. ....oMEN-OWNED

BUSINESS

I

13. PLACE OF ' . INSPECTION

Destination

o

D c. DISADVANTAGED Of.EMERGING SMAll

12. F.O.B. POINT g.SERVICEDISABLED VETERANOWNED

Destination 16. DISCOUNTTERMS

15. DEUVER TO F.O.B. POINT

14. GOVERNMENT 81l NO.

ON OR BEFORE (Date)

30 Days After Award

b. ACCEPTANCE

Destination

17. SCHEDULE (Sse ",verse for Rejfictions) QUANTITY ORDERED UNIT (d) (e)

SUPPUES OR SERVICES

·lTEMNO. (a)

(e)

UNIT PRICE

QUANTITY ACCEPTED

AMOUNT (I)

(e)

(g)

DUNS Number: 199734448 Field poc: Christopher Shanahan, b6 212 · program POC: Natilie Ross, 202· b6 Contractincr Officer: Jerald Neveleff, 202b6 Continued

...

119.

1B. SHIPPING POINT

17(h) TOTAL

20. INVOICE NO.

GROSS SHIPPING WEIGHT .

(ConI. pages)

21. MAil INVOICE TO:

SEE SIt1JN(J INSmUCTIONS ONRCYERSE

'a NAME

DHS, ICE

b.STREET ADDRESS

Burlington Finance Center P.O. Box 1620 Attn: ICE-DRO-FOD- FNY

(or P.O. Box)

$600,000.00

Williston

TE

......

~. ""~ "'''' '" """"'"~ ~I -'f' J>, (Signatura) BY

AUlliORlleD FOR lOCAl. REPRODUcTION

PREVIOUS EDITION NOT USABLE

17(0

GRAND. TOTAL

r's:r

.c.CITY

'1_

.~

~

8.

ZI.PCODE

$600,000.00

05495-1&20

.~

23. NAME (TypeQ)

Stephanie Baker TtnE: CONTRACTING/ORDERING OFFICER OPTlONAL FORM 347,Rw. ~ Pres.crib&dby GSAlPARA&CS:R!Sl.2I3(e)

ORDER FOR SUPPLIES OR SERVICES SCHEDULE - CONTINUATION IMpORTANt: Mark anpact
1

0RDERNO.

HSCEDM-09-F-IG073

02/10/2009 IACB-5-I-0001 ITEM NO.

SUPPLIES/SERVICES

(A)

(6)

QUANTITY UNIT ORDERED (C) (D)

UNIT PRICE (E)

QUANTlTY ACCEPTED

AMOUNT

(G)

(F)

Contractinq Specialist: Gervonna Crump, 202b6 This task order is isued against IGSA DROI.GSA-OB:-0026 for the care and detention of adUl:t · male/female ~CE detainees. Previous task order nUmber HSCEDM-08-F-IG051. Accountinq tnfo: b2Low

--- HUDSON 0001

QUARTER 1 & 2 MANDAY ESTIMATE OF 32 BEDS @ $90.

6666.66666 EA

90.00

600,000.00

Funds are provided October I, 200.8 through March 31, 2009

The total amount of award: $600,000.00. The obligation for this award is shown in .box 17.(i).

NSN

TOTAl CARRIED FORWARD TO 1ST PAGE (iTEM 17(H» 7~o.o1-1S2·B
50)..48..':01

.

OPT1ONALFORMml~._'

"'-'b..... OSA

PAR (411 CfR) S~2'3(o)

r'

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 3. EFFECTIVE DATE:

2. AMENDMENTIMOOIFICATION NO.

pooooS

:~ee CODE

6. ISSUED BY

Block' 16C

ICE Security Of Homeland U.8. Dept. Immigration and Customs Enforcement 425 I Street, NW Rm 2208 Washington DC 20536

r'

CONTRACT 10 CODE

4. REOUISITIONJPURCHASE REO. NO.

J 1

PAGES 4

PA:E

PROJECT NO. (l/appliqab/&)

NONEOOO~OOO

7. ADMINISTERED 6Y (lfoth8r th8l1ltom 6)

CODE

.

IrcE

U.S. Dept. Of Homeland Security Immigration and Customs Enforcement 425 I Street, NW Rm 2208 washington DC 20536

S. NAME AND ADORESS OF CONTRACTOR (No.. .".." COUIlIy. S/a.. andZJPCOdoj

COUNTY OF HUDSON 595 N:EWARK AVENUE JERSEY C1T~. NJ 073062394

.!&

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM 11)

lOA. MOOIFICATION OF CONTRACT/ORDER NO. x ACB-5-I-OOOl 10B.DATED (SEE ITEM 11) CODE

FACIUTY CODE

1997344480000

04/23/2007

11. THIS ITEM ONLY.APPUES TO AMENDMENTS Of SOUCITATIONS :; The abovG ooml; rel="nofollow">ered soIIdIa!lon is amended as ...1 forth in Item 14. The hour and datupecifJedfor rooeiptofOtfelS Offers must ~e receipt of this amendment prior lu the hour and

.:::lIs extended. . Cisflot oXUinded.

dale specified In /he soIldtaPon '" as amended. by one 01 the following methods: Cal By completing

items 8 and 15. and retumlng ooples of the amendment (b) By adcnowledglng receipt of1!ils amendmenl on each copy of Ih
See Schedule 13. lHS ITa! ONLY APPUES TO MODlFlCAnON OF CONTRACTS/ORDERS. rr MODIFIES THE CONTRACTIOROER NO. AS DESCRIBEri IN ITEM 14. A. ~~8~~~~ \t~~Efr: ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN lTEM 14 ARE MADE IN rHE CONTRACT B. THE ABOVE NUMBERED C:ONTRACTIORDER IS MODIFIED TO REFlECT THE ADMINISTRATIVE CHANGES (such as changos in paying "'""", approptIaIJon date, etc.) SET FORTH IN ITEM 14. PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAl AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

O. OTHER (Specify type of modification and aulharlty)

X

Mutual Aqreement of Both

·E.lfoIIPORTANTl

Contractor

• :Ji!not.

Pa~ties

'X; Is required to sign !fils d~men! and ralum

1

oopie$to thalS$uing office.

14. DESCRIPTION OF Mli;NOMENTIMODIFICATION (OrgMizrxl by UCF _ n hOading$, including $O/IcII;JVonIcooiTBet subjoct rrntlter wi1er& foas/ble.)

Tax 10 Number: 22-6002443 DUNS Number: 199734448 The purpose of this modification is to hereby increase the detainee day rate by $13 from $77 to $90 per day and hourly guard rate by $11.24 from $23.76 to $35. 2. Full funding is provided for the these FY07 rate increases in the amount of $3,500,000.00. 3. The total' amount of funding obligated under this IGSA Agreement, ACB-5-I-0001, is $10,273,712.00. Continued ..•

15C. DATE SIGNED

16C. DATE SIGNED

02/24/2007 -_- PnMous e
STANDARD FORM 30 (REV. lC-S3) PrsocnWd by GSA FAR (48 CFR) 53.243

,.

REFERl:NCE NO. OF DOCUMENT BEING CONnNUED

CONTINUATION SHEET ACB-5'-I-0001/?OOOS

4

NAME OF OFFEROR OR CONTRACTOR

COUNTY OF HUDSON ITEM NO.

SUPPLIES/SERVICES

(A)

(B)

QUANTITY UNIT

(C)

(D)

UNIT PRICE

AMOUNT

(E)

(F)

4. The effective date for this modification is February 24, . 2007. 5. The ORO Program Office POC is Vickie Taylor, 202. b6 6. The ICE Office of Acquisition Management POC is Rachel E. Johnson, 202. b6 All terms and conditions of IGSA No. ACB-5-I-000I remain unchanged. Admin Office: US' Department of Homeland Security Immigration and Customs Enforcement 425 I Street, NW Rm 2208 Washington, DC 20536 Discount Terms: Net 30 Accounting Info: b2Low

FOB: Destination Period of Performance: 10/01/2006 to 09/3012007 000.2

Detainee & Guard Rate Increase Obligated Amount: $3,500,000.00

1 LO 3,500,000.00 3,500,000.00

OPTIONAl. FORM 336 (4-881

SpaNOtOd by GSA

FAR t" CFRI53.11D

United States Department of Homeland Security U.S. Immigration and Customs Enforcement Office of Detention and Removal

Modification of Intergovernmental Service Agreement

1. Agreement Number ACB·5·I-0001 4. Issuing Office: ICE/DRO Headquarters 425 I Street, twV Washington, DC 20536

Contact Person: Phone:

2. Effective as of date in block 8

3. Modification Number 0005

5. Local Government: County of Hudson

567 Pavonia Avenue Jersey City, NJ 07306

Contact Person: Abraham Antun Phone: (201) b6 FAX: (201) 795-6520

6. Description of Modification (EXCEPT AS SPECIFICALLY PROVIDED HEREIN, ALL TERMS AND CONDITIONS OF THE AGREEMENTIDENTIFIED IN BLOCK 1 REMAIN UNCHANGED):

The purpose of this modification is to change the detainee day rate from $77 to $90 per day and to change the hourly' guard rate from $23.76 to $35. All other terms and conditions remain unchanged. DHSIICE shall be responsible for reviewing and approving the costs associated with this agreement and subsequent modifications utilizing all applicable federal procurement laws, regulations and standards in arriving at the detainee day rate. Future rate proposals shall be prepared using the ICE JailServices Cost Statement in accordance with the OMS Circular A-87. DHS/ICE shall reimburse the Service Provider at the fixed detainee day rate shown above. The Parties may adjust the rate twenty-four (24) months after the effective date of the agreement and every twelve (12) months thereafter. The Parties shall base the cost portion of the rate adjustment on the prinCiples of allowability and allocability as set forth in OMB Circular A-87, federal procurement laws, regUlations, and standards in arriving at the detainee day rate. The request for adjustment shall be submitted on an ICE Jail Services Cost Statement. If DHSJICE does not receive an official request for a detainee day rate adjustment that is supported by an ICE Jail Services Cost Statement, the fixed detainee day rate will be in place indefinitely. DHSJICE reserves the right to audit the actual and/or prospective costs upon which the rate adjustment is based. All rate adjustments are prospective. As this is a fixed rate agreement, there will be no retroactive adjustment(s).

United States Department of Homeland Security U.S. Immigration and Customs Enforcement Office of Detention and Removal

Modification of Intergovernmental Service Agreement

o Local Government is not required to sign this Document.

• Local Government is required to sign this Document.

212412007 Date

Abraham Antun, County Administrator Name and Title

(Type or Print)

J'lIaWk Heitz. Coatraeting Officer Icer Signature

Name and Title

(Type or Print)

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 Jail, Hudson County/Unknown/Non-Criminal Misconduct/KEARNY, HUDSON, NJ 4. FINAL RESOLUTION

5. STATUS Initial Report

6. TYPE OF REPORT Allegation

7. RELATED CASES

8. TOPIC Detainee at the Hudson County Jail in Kearny, NJ alleges guards have destroyed his documents. 9. SYNOPSIS On November 18, 2008, the Joint Intake Center (JIC), Washington, D.C., received telephonic notification reporting the alleged misconduct of Immigration and Customs Enforcement (ICE), b6,b7c Contract Officers (CO) at the Hudson County Jail (HCJ) in Kearny, NJ. Detainee b6,b7c (A ) claims that his legal / personal documents were recently destroyed by COs at the HCJ. alleges that he is being tormented guards on a daily basis and that the COs joke about throwing his documents away.

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

19-NOV-2008

Joint Intake Center

19-NOV-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

ICE.09.2158.000304

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

2. REPORT NUMBER 001

None

OFFICIAL USE ONLY

SENSITIVE

ICE.09.2158.000305

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

2. REPORT NUMBER 001

None

OFFICIAL USE ONLY

SENSITIVE

ICE.09.2158.000306

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/Non-Criminal Misconduct/KEARNY, HUDSON, NJ 4. FINAL RESOLUTION

5. STATUS Initial Report

6. TYPE OF REPORT Allegation

7. RELATED CASES

8. TOPIC Detainee in the Hudson County Jail is allegedly experiencing numerous violations of his civil rights 9. SYNOPSIS On January 5, 2009, the Joint Intake Center (JIC), Washington, D.C., received telephonic b6,b7c b6,b7c notification from Detainee (A# reporting the alleged misconduct of Immigration and Customs Enforcement (ICE), Detention and Removal Office (DRO) Employees. b6,b7c claimed that he has been detained at the Hudson County Jail (HCJ) in Kearny, NJ for more than ninety days and has yet to meet with his Deportation Officer. b6,b7c stated that he is representing himself in all legal proceedings, but Contract Guards (CG) at the HJC refuse to give him access to the facility's law library. b6,b7c reported that he is Muslim and has not been given access to Halal meals during his incarceration.

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

05-JAN-2009

Joint Intake Center

07-JAN-2009

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

ICE.09.2158.000307

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

2. REPORT NUMBER 001

None

OFFICIAL USE ONLY

SENSITIVE

ICE.09.2158.000308

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

2. REPORT NUMBER 001

None

OFFICIAL USE ONLY

SENSITIVE

ICE.09.2158.000309

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 002

HB 4200-01 (37), Special Agent Handbook

3. TITLE SUBJECT, UKNOWN/Unknown/Civil Rights Violation/NEWARK, ESSEX, NJ 4. FINAL RESOLUTION

5. STATUS Initial Report

6. TYPE OF REPORT Allegation

7. RELATED CASES

8. TOPIC Inmate

b6,b7c

alleges he was assaulted by four ICE officers

9. SYNOPSIS On November 28, 2007, the Joint Intake Center (JIC), Washington, DC, received informati m U.S. Immigration and Customs Enforcement (ICE) Chief Detention Operations Supervisor b6,b7c b6,b7c b6,b7c b6,b7c Newark, NJ regarding an allegation from inmate . alleges that he was assaulted by four ICE officers while being transported to University Hospital after his arrest on November 21, 2007 prior to his admission to Hudson County.

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

29-NOV-2007

Joint Intake Center

07-DEC-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

ICE.09.2158.000291

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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

2. REPORT NUMBER 002

None

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ICE.09.2158.000292

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Page 3 of 3

1. CASE NUMBER b2High

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

2. REPORT NUMBER 002

None

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ICE.09.2158.000293

OFFICIAL USE ONLY

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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 SUBJECT, UNKNOWN/Unknown/Non-Criminal Misconduct/KEARNY, HUDSON, NJ 4. FINAL RESOLUTION

5. STATUS Initial Report

6. TYPE OF REPORT Other

7. RELATED CASES

8. TOPIC Failure to meet detention standards at the Hudson County Jail 9. SYNOPSIS On August 22, 2007, the Joint Intake Center (JIC), Washington D.C., received information from the U.S. Immigration and Customs Enforcement (ICE) Office of Detention and Removal (DRO) Detention Standards Compliance Unit regarding the Hudson County Jail in Kearny, NJ. The report provided alleged that the Hudson County Jail (an ICE-contracted detention facility) fails to meet National Detention Standards in the following areas: general condition of the facility, legal access and attorney visitation, access to telephones, access to legal material/law library, medical care offered to detainees, and access to the Detainee Handbook.

10. CASE OFFICER (Print Name & Title) - Joint Intake Specialist

b6,b7c

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

- JIC Supervisor

11. COMPLETION DATE

14. ORIGIN OFFICE

22-AUG-2007

Joint Intake Center

23-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

ICE.09.2158.000264

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

2. REPORT NUMBER 001

NONE

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1. CASE NUMBER b2High

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

2. REPORT NUMBER 001

None

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ICE.09.2158.000266

Office ofDetention and Removal Operations

U.S. Department of Homeland Security 425 I Street, NW Washington, DC 20536

u.s. Immigration and Customs Enforcement

MEMORANDUM FOR:

SEP 1 5 2008

Brian M. DeMore Field Office Director Los Angeles

FROM:

b6, b7c

b6, b7c

b6, b7c

Acting Detention St SUBJECT:

pliance Unit

Alhambra City Jail Annual Detention Review

The annual review of Alhambra City Jail in Alhambra, California, conducted on July 8-9, 2008, has been received. A final rating of Acceptable has been assigned. No further action is required and this review is closed. The rating is based on the Reviewer-in-Charge (RIC) Summary Memorandum and supporting documentation. The Field Office Director must now initiate the following actions in accordance with the Detention Management Control Program (DMCP): 1) The Field Office Director, Detention and Removal Operations, shall notify the facility within five business days of receipt of this memorandum. Notification shall include copies of the Form G-324B, Detention Facility Review Form, G-324B Worksheet, RIC Summary Memorandum, and this memorandum. 2) The Field Office shall review the Worksheet and work closely with the facility to implement corrective actions for the line items rated as non-compliant with the standards and are not identified as deficient in the RIC Summary Memorandum. 3) The next annual review will be scheduled on or before July 9, 2009. Should you or your staff require any additional information regarding this matter, please contact b6, b7c , Detention and Deportation Officer, at (202) 732- b2 high cc: Official File b2 high, (b)(6), (b)(7)c

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) www.ice.gov

- - _

..

_ _. .

f~~

fC~; r~corrections reative

6415 Calder, Suite B • Beaumont, Texas 77706 409.866.9920 • www.correctionalexperts.com Making a Difference!

July 9,2008

MEMORANDUM FOR:

FROM:

James T. Hayes, Jf. Acting Director Office of Detention an b6, b7c

/~~ v

b6, b7c

Reviewer-In-CUarge Alhambra City Jail Annual Detention Review

SUBJECT:

Creative Corrections conducted an Annual Detention Review of Alhambra City Jail on July 8-9, 2008. As noted on the ents, the team of Subject Matter Experts (SME) included b6, b7c b6, b7c Security; , Health Services; , Environmental b6, b7c b6, b7c Health and Safety; and , Food Service. b6, b7c Alhambra Police A closeout meeting was conducted on July 9,2008, Lieutenant b6, b7c Department, and Jail Administrator that included a synopsis of the review process.

Type of Review This review is an Annual Detention Standard Review to determine general compliance with established ICE National Detention Standards for facilities used for under 72 hours. Review Summary Alhambra City Jail is not accredited by the American Correctional Association (ACA), National Commission on Correctional Health Care (NCCHC), or Joint Commission on Accreditation of Healthcare Organizations (JCARO).

Standards Compliance The following statistical information provides the results oflast year's review as well as this current review.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

July 9,2007 Review

July 8-9, 2008

Compliant Deficient At-Risk Not-Applicable

Compliant Deficient At-Risk Not-Applicable

26 0 0 2

Review 27 0 0 1

Recommended Rating and Justification It is the Reviewer-in-Charge's (RIC) recommendation that the facility receive a rating of "Acceptable."

RIC Assurance Statement All findings of this review have been documented on the Detention Review Worksheet and are supported by the written documentation contained in the review file.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

.;~

rC4r eat i v e ....~ corrections DETENTION FACILITY INSPECTION FORM FACILITIES USED LESS THAN 72 HOURS A. TYPE OF FACILITY REVIEWED ICE Service Processing Center ICE Contract Detention Facility [gJ ICE Intergovernmental Service Agreement

o

Basic Rates per Man-Day $72.00 Other Charges: (If None, Indicate N/A) ; [gJ NIA , , Estiniated Man-days per Year

B. CURRENT INSPECTION Type ofInspection Field Office [gJ HQ Inspection Date[s] of Facility Review July 8-9,2008

G. ACCREDITATION CERTIFICATES [gJ N/A List all State or National Accreditation[s] received:

C. PREVIOus/MoST RECENT FACILITY REVIEW Date[s] of Last Facility Review July 9, 2007 Previous Rating Superior 0 Good [gJ Acceptable 0 Deficient 0 At-Risk

H. PROBLEMS / COMPLAINTS (COPIES MUST BE ATTACHED) The Facility is under Court Order or Class Action Finding Court Order 0 Class Action Finding The Facility has Significant Litigation Pending Major Litigation 0 Life/Safety Issues [gJ None

o

o

o

D NAME AND LOCATION OF FACILITY Name Alhambra City Jail Address 211 South First St. City, State and Zip Code Alhambra, CA 91801 County Los Angeles Name and Title of Chief Executive Officer (Warden/OIC/Superintendent) b6, b7c Lieutenant Telepho ber (Include Area Code) 626-570 b6, b7c Field Office 1 Sub-Office (List Office with Oversight) Los Angeles Distance from Field Office 8 miles

.

E ICE INFORMATION Name ofInspector (Last Name, Title and Duty Station) b6, b7c 1 RIC 1 Creative Corrections Name of Team Member 1 Title 1 Duty Location b6, b7c 1 5MB-Security 1Creative Corrections Name of Team Member 1 Title 1 Duty Location b6, b7c / SME-Food Services 1 Creative Corrections Name of Team Member 1 Title 1 Duty Location b6, b7c 1 SME-Health Services 1 Creative Corrections Name of Team Member 1 Title 1 Duty Location b6, b7c 1 SME-Environmental Health and Safety 1 Creative Corrections Name of Team Member 1 Title 1 Duty Location 1 1 F. CDF/IGSA INFORMATION ONLY Date of Contract or IGSA Contract Number 8/112000 12-99-0029

o o

I. FACILITY HISTORY Date Built Sept. 1994 Date Last Remodeled or Upgraded 2000 - 10 beds Date New Construction / Bed Space Added As above Future Construction Planned DYes [gJ No Date: Current Bed space Future Bed Space (# New Beds only) 44 Number: NIA Date:

I

J. TOTAL FACILITY POPULATION Total Facility Intake for Previous 12 months 4498 Total ICE Man Days for Previous 12 months 2360 K.CLASSIFICATION LEVEL (ICE SPCS AND CDFs ONLY) . L-l L-2 L-3 N/A . N/A L. FACILITY CAPACITY Rated Adult Male 36 Adult Female 8

/ .. ;F!.~?\ ,..>

Operational 36

8

Emer2ency 72 16

o Facilitv Holds Juveniles Offenders 16 and Older as Adults

M. AVERAGE DAILY POPULATION

·~~IC=E~~--U-S-M--S--'---O-th-e-r~

Adult Female

2 3

2

o

N. FACILITySTAFFINGLEVEL Support: b2 high ) Police Dept.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/3/07)

1

0

SIGNIFICANT INCIDENT SUMMARY WORKSHEET In order for Creative Corrections to complete its review of your facility, you must complete the following worksheet prior to your scheduled review dates. This worksheet must contain data for the past twelve months. We will use this worksheet in conjunction with the ICE Detention Standards to assess your detention operations with regard to the needs ofICE and its detainee population. Failure to complete this worksheet will result in a delay in processing this report, and may result in a reduction or removal of ICE detainees· from your facility.

Assault: Offenders on Offenders!

With WithoutW

Assault: Detainee on Staff

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0 Number of Forced Moves, inc!. Forced Cell Moves3 Disturbances4 of Times Chemical

# Times Four/Five Point Restraints Applied/Used Offender / Detainee Medical Referrals as a Result of Injuries Sustained. Escapes Actual Grievances:

# Received # Resolved in Favor of Offender/Detainee Reason (V=Violent, I=I1lness, S=Suicide, A=Attempted

Deaths

Psychiatric / Medical Referrals

Number # Medical Cases Referred for Outside Care # Psychiatric Cases Referred for Outside Care

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

S

0

0

0

0

0

0

0

0

0

0

0

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, maj or fires, or other large scale incidents.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07

DHS/ICE DETENTION STANDARDS REVIEW SUMMARY REpORT 1. ACCEPTABLE

2. DEFICIENT

3. AT-RISK

4. REPEAT FINDING

5. NOT . ApPLICABLE

LEGAL ACCESS 1. Visitation

4. 5. 6. 7. ·8. 9.

14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28.

Classification System Detainee Handbook Food Service Funds and Personal Property Detainee Grievance Procedures Issuance and Exchange of Clothing, Bedding, and Towels Practices

Detention Files Disciplinary Policy Emergency Plans Environmental Health and Safety Hold Rooms in Detention Facilities Key and Lock Control Population Counts Security Inspections Special Management Units (Administrative Detention) Special Management Units (Disciplinary Segregation) Tool Control Transportation (Land management) Use of Force Staff / Detainee Communication (Added August 2003) Detainee Transfer

ALL FINDINGS OF DEFICIENT AND AT-RISK REQUIRE WRITTEN COMMENT DESCRIBING THE FINDING AND WHAT IS NECESSARY TO REACH COMPLIANCE.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07

RIC REVIEW ASSURANCE STATEMENT By SIGNING BELOW, THEREVIEWER-IN-CHARCJE (RIC) CERTIFIES THAT: 1.

2.

ALL FINDINGS OF NON-COMPLIANCE WITH POLICY OR INADEQUATE CONTROLS, AND FINDINGS OF NOTEWORTHY ACCOMPLISHMENTS, CONTAINED IN THIS INSPECTION REpORT, ARE SUPPORTED BY EVIDENCE THAT IS SUFFICIENT AND RELIABLE; AND WITHIN THE SCOPE OF THIS REVIEW, THE FACILITY IS OPERATING IN ACCORDANCE WITH APPLICABLE LAW AND POLICY, AND PROPERTY AND RESOURCES ARE BEING EFFICIENTLY UTILIZED AND ADEQUATELY SAFEGUARDED, EXCEPT FOR ANY DEFICIENCIES NOTED IN THE REPORT.

b6, b7c

b6, b7c

Creative Corrections

Print Name, Title, & Duty Location b6, b7c

Print Name, Title, & Duty Location

SME-Security, Creative Corrections

Print Name, Title, & Duty Location b6, b7c

b6, b7c

, SME-Food Services, Creative Corrections

Print Name, Title, & Duty Location

SME-Health Services, Creative Corrections

b6, b7c

SME-Environmental Health and Safety, Creative

Corrections

RECOMMENDED RATING:

IZJ ACCEPTABLE

o

DEFICIENT

OAT-RISK

COMMENTS:

The suicide noted on the Significant Incident Summary form occurred on December 21, 2007. The US Marshal's prisoner was booked into the facility at 2:05a.m. on December 21, 2007. No signs of suicidal ideation were noted on the intake screening form signed by facility staff and the ATF Officer delivering the inmate to the facility. Three separate checks were made of the inmate's cell without unusual activity being reported. At 4:30 a.m., breakfast was placed in the cell. At 8:23 a.m., rounds were made by correctional staff. At 9:22 a.m., another observation was made of the cell and logged. At 9:38 a.m., staff preparing to remove the inmate from the cell for transportation, found him hanging from a noose attached to the ceiling vent. An investigation of the incident was undertaken by Los Angeles County Sheriff's Department Homicide Bureau. An autopsy performed by Los Angeles County Coroner and Medical Examiner's Office on December 23,2008, ruled the death a suicide. The investigation was subsequently closed. b6, b7c b6, b7c The Jail Administrator, and Lieutenant Alhambra Police Department, were exceptionally well versed on all of the Jail operations. No significant issues were found during the review and an overall rating of "Acceptable" is recommended.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07

MANAGEMENT REVIEW

•

REVIEW AUTHORITY

•

THE SIGNATURE BELOW CONSTITUTES REVIEW AND ACCEPTANCE OF THIS REPORT BY THE REVIEW AUTHORITY. FOD/OIC/CEO WILL HAVE TmRTY (30) CALENDAR DAYS FROM RECEIPT OF THIS REPORT TO RESPOND TO ALL FINDINGS AND RECOMMENDATIONS. HQDRO MANAGEMENT REVIEW: (Print Name)

Signature b6, b7c

b6, b7c

Date

Acting Chief

FINAL RATING:

r8l ACCEYfABLE

o

DEFICIENT OAT-RISK

COMMENTS:

The Review Authority concurs with the recommended rating of Acceptable. This review is closed and requires no further action.

FOR OFFICIAL USE ONLY {LAW ENFORCEMENT SENSITIVE}

Creative Corrections 6415 Calder, Suite B Beaumont, Texas 77706

ICE Detention Standards Review Worksheet

(This document must be attached to each Inspection Form) This Form to be used for Inspections of Facilities used less than 72 Hours

·.·c

·.~')':.. --,

·, <.· .·

~ <',:" •.

" :. •

IZI

D D

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.

rea ti v e corrections

Local Jail- IGSA State Facility - IGSA ICE Contract Detention Facility

Name Alhambra City Jail Address (Street and Name) 211South First St. City, State and Zip Code Alhambra, CA 91801 County Los Angeles Name and Title of Chief Executive Officer (Warden/OIC/Superintendent) Lieutenant b6, b7c Name and Title of Reviewer-In-Charge RIC, Creative Corrections b6, b7c Date[sJ of Review July 8-9, 2008 Type of Review IZI Headquarters

D Operational

DSpecial Assessment

DOther

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07)

TABLE OF CONTENTS

SECTION I. LEGAL ACCESS STANDARDS .............................................................................................................................. 3 VISITATION ........................ ~ .................... : .................... : ......................................... ~ ........................................ : .......................... . ACCESS TO TELEPHONES ........................... ~......................................................'........ ;................................................................ . SECTION II. DETAINEE SERVICES STANDARDS ....................................................................................................................... 6 ADMISSION AND RELEASE ........................................................................................................................................................ . CLASSIfICATION SySTEM .............'......................................................'............................ DETAINEE HANDBOOK ............................................................................................................................................................. . FOOD SERVICE ........... ; .............................................................................................................................................................. . FUNDS AND PERSONAL PROPERTy ........................................................................................................................................... . DETAINEE GRIEVANCE PROCEDURES ........................... ·............................................................................................................ . ISSUANCE AND EXCHANGE OF CLOTHING, BEDDING, AND TOWELS ......................................................... , .............................. . RELIGIOUS PRACTICES ............................................................................................................................................................. . 0' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SECTION III. HEALTH SERVICES STANDARDS .................................................................................. i ................................ 16 MEDICAL CARE ........................................................................................................................................................................ . SUICIDE PREVENTION AND INTERVENTION ............................................................................................................................... . SECTION IV.' SECURITY AND CONTROL STANDARDS ......................................................................................................... 20 CONTRABAND ........................................................................................................................................................................... . DETENTION FILES .......................................................................................................... ; .......................................................... . DISCIPLINARY POLICy .............................................................................................................................................................. . EMERGENCY PLANS ................................................................................................................................................................... . ENVIRONMENTAL HEALTH AND SAFETy ....................................................... ; .......................................................................... . HOLD ROOMS IN DETENTION FACILITIES ................................................................................................................................. . KEy AND LOCK CONTROL ......................................................................................................................................................... . POPULATION COUNTS ............................................................................................................................................................... . SECURITY INSPECTIONS ............................................................................................................................................................ . SPECIAL MANAGEMENT UNIT (ADMINISTRATIVE SEGREGATION) ........................................................................................... . SPECIAL MANAGEMENT UNIT (DISCIPLINARY SEGREGATION) ................................................................................................ . TOOL CONTROL ........................................................................................................................................................................ . TRANSPORTATION (LAND) ....................................................................................................................................................... . USE OF FORCE .......................................................................................................................................................................... . STAFFIDETAINEE COMMUNICATIONS ....................................................................................................................................... . DETAINEE TRANSFER STANDARD ............................................................................................................................................. .

.

NOTE: F9R EACH STANDARD RATED BELOW ACCEPTABLE, ~ACILITIES MUST ATTACH A PLAN OF ACTION FOR BRINGING OPERATIONS INTO COMPLIANCE. EACH FACILITY SHOULD EXAMINE THE ENTIRE WORKSHEET TO IDENTIFY AREAS OF IMPROVEMENT, INCLUDING THOSE STANDARDS WHERE AN OVERALL FINDINq OF ACCEPTABLE WAS ACHIEVED.

Page 2 of39 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07)

· SECTION I. LEGAL ACCESS STANDARDS

Page 3 of39 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/&/07)

VISITATION POLICY: ICE SHALL PERMIT DETAINEES TO VISIT WITH FAMILY, FRIENDS, LEGAL REPRESENTATIVES, SPECIAL INTEREST GROUPS, AND THE NEWS MEDIA. NA COMPONENTS N REMARKS Y FM 2400.01, Inmate Visiting, is There is a written visitation schedule and hours for general visitation. 0 0 ~ in place. Established schedules and rules The visitation schedule and rules are available to the public. 0 0 ~ are available. A general visitation log is maintained. 0 0 ~ Visitors are searched and identified according to standard requirements ..

cg] ACCEPTABLE

o

DEFICIENT

~

0

OAT-RISK

0

o

REPEAT FINDING

REMARKS: Field Policy Manual, Section 2400.01, for Correctional Services, Inc. at the Alhambra City Jail covers the requirements of the standard. However, due to the normally short duration of a detainee's stay, only legal visits are permitted for ICE detainees.

b6, b7c

~f/V

July 9, 2008 AUDITOR'S SIGNATUREID

b6, b7c

E

Page 4 of39 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LtC (Rev. 12/8/07)

DETAINEE TELEPHONE ACCESS POLICY: ALL FACILITIES HOUSING ICE DETAINEES WILL PERMIT DETAINEES' REASONABLE ANDEQUlTABLE ACCESS TO TELEPHONES. NA

REMARKS

0

0

~

0

0

0

0

0

Emergency phone call messages are immediately given to detainees.

0

0

0

Telephones are available in each cell area. Included in Jail Rules issued upon admittance. FM 2400.02, Legal Access, permits unmonitored legal calls. Once verified, emergency messages are passed along.

Detainees are allowed to. return emergency phone calls as soon as possible. Detainees in disciplinary segregation are allowed phone calls to consular/embassy officials. The OIG phone number for reporting abuse is programmed into the detainee phone system and the phone number was checked by the insl'.ector during the review. Detainees in disciplinary segregation are allowed phone calls for family emergencies. Detainees in administrative segregation and protective custody are afforded the same telephone privileges as those in general population. When detainee phone calls are monitored, notification is posted by detainee telephones that phone calls made by the detainees may be monitored. Special Access calls are not monitored.

0

'0

0

0

0

0

D

lZJ

D

0

0

0

0

0

0

0

0

0

COMPONENTS Detainees are allowed access to telephones during established facility . waking hours. Upon admittance, detainees are made aware of the facility's telephone access policy. Detainees are afforded a reasonable degree ofprivacy for legal phone calls.

IZI ACCEPTABLE

o DEFICIENT

Y

N

0

OAT-RISK

o

No disciplinary cases are housed at the facility.

No disciplinary cases are housed at the facility.

Posted on the telephones in each cell. REPEAT FINDING

REMARKS:

FM 2400.02 clearly provides for unmonitored special access calls.

b6, b7c

Juiy9,2008

AUDITOR'S

Jru

SIGNAT""'1'-r.

b6, b7c

Page 5 of39 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07)

SECTION II. DETAINEE SERVICES STANDARDS

Page 6 of39 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07)

. ADMISSION AND RELEASE

POLICY: ALL DETAINEES WILL BE ADMITTED AND RELEASED IN A MANNER THAT ENSURES THEIR HEALTH, SAFETY, AND WELFARE. THE ADMISSIONS PROCEDURE WILL, AMONG OTHER THINGS INCLUDE: MEDICAL SCREENING; A FILE-BASED ASSESSMENT AND CLASSIFICATION PROCESS; ABODY SEARCH; AND ASEARCH OF PERSONAL BELONGINGS, WHICH WILL BE INVENTORIED, DOCUMENTED, AND SAFEGUARDED AS NECESSARY. COMPONENTS Y :N NA REMARKS In-processing includes an orientation of the facility. A Handbook and Jail Rules I2Sl D D printout are provided to each detainee. This is included at booking with Medical screenings are perfonned by medical staff or persons who have received specialized training for the purpose of conducting an initial D D the "case records" covered by I2Sl health screening. FM 500.01, Case Records. FM 500.01 provides for a All new arrivals are searched in accordance with the "Detainee Search" standard. An officer ofthe same sex as the detainee conducts the search . proper search upon entry and D D FM 900.02 and 900.03 cover I2Sl and the search is conducted in an area that affords as much privacy as possible. searches. Detainees are stripped searched only when cause has been established and not as routine policy. Non-criminal detainees are not strip-searched D D I2Sl but are patted down, unless reasonable suspicion is established. The "Contraband" standard governs all personal property searches. FM Section 900.02, Searches of IGSAs/CDFs use or have a similar contraband standard. Staff prepares Inmates for Contraband Control, a complete inventory of each detainee's possessions. The detainee was reviewed and indicated receives a copy. compliance. FM 600.01, I2Sl D D Infonnation Systems and Research, includes "Intake Booking." A Property and Money Infonnation fonn is completed for each detainee. Two officers are present during the processing of detainee funds and valuables during admissions processing to the facility. Both officers D I2Sl D Not consistently applied. verify funds and valuables. Staff completes Fonn 1-387 or similar fonn for CDFs and IGSAs for Lost property fonns are handled every lost or missing property claim. Facilities forward all 1-387 claims D D by Alhambra Police I2Sl Department. to ICE. Detainees are issued appropriate and sufficient clothing and bedding for 0 D No clothing is provided. ~ the climatic conditions. The facility provides and replenishes personal hygiene items as needed. Gender-specific items are available. ICE Detainees are not charged for D D I2Sl these items. All releases are properly coordinated with ICE using a Fonn 1-203. Appropriate documentation is D D utilized. I2Sl Staff completes paperwork/fonns for release as required. I2Sl D D

I2SI ACCEPTABLE

DDEFICIENT

D

AT-RISK

D REPEAT FINDING

REMARKS: FM Section 900.03, Strip Search, provides clear procedures and precludes "routine" strip searches from occurring.

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/July 9,2008

j /'-"

SSIGNATURE/~ATE

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CLASSIFICATION SYSTEM POLICY: ALL FACILITIES WILL DEVELOP AND IMPLEMENT A ,SYSTEM ACCORDING TO WHICH ICE DETAINEES ARE CLASSIFIED. THE CLASSIFICATION SYSTEM WILL ENSURE THAT EACH DETAINEE IS PLACED IN THE APPROPRIATE CATEGORY, PHYSICALLY SEPARATED FROM DETAINEES IN OTHER CATEGORIES NA REMARKS. COMPONENTS Y N FM, SectionI500.01, The facility has a system for separating criminal and non-criminal ICE Classification and Segregation, detainees. Violent offenders are separated from non-violent offenders. provides for maximum, medium, 0 1ZI 0 and minimum custody levels. The ICE detainees are classified as indicated on the 1-216. Housing assignments are Housing assignments are based on threat l~vel. avallable to segregate the'three lZI' 0 0 levels.

IZl ACCEPTABLE

o

DEFICIENT

OAT-RISK

o

REPEAT FINDING

REMARKS: Alhambra City Jail Field Policies Manual, Section 1500.01, provides for classification of detainees in three custody levels. With the availability of single and double cells, the custody levels can be segregated as needed.

b6, b7c /July 9, 2008 F AUDITOR'S SIGNATUREIDA E

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DETAINEE HANDBOOK POLICY: EVERY OIC WILL DEVELOP A ~mE-SPECIFIC DETAINEE HANDBOOK TO SERVE AS

AN OVERVIEW OF, AND GUIDE TO, THE DETENTION POLICIES, RULES, AND PROCEDURES IN EFFECT AT THE FACILITY. THE HANDBOOK WILL ALSO DESCRlBE THE SERVICES, PROGRAMS, AND OPPORTUNITIES AVAILABLE THROUGH VARIOUS SOURCES, INCLUDING THE FACILITY, ICE, PRIVATE ORGANIZATIONS, ETC. EVERY DETAINEE WILL RECEIVE A COpy OF THIS HANDBOOK UPON ADMISSION TO THE FACILITY. N NA REMARKS COMPONENTS Y The Alhambra City Jail Inmate The detainee handbQok is written in English and translated into Spanish, or into the next most-prevalent Language(s). Handbook is written in English. Jail personnel contact a [8] telephonic translation service to 0 0 translate the rules for non-English speaking detainees prior to signature of receipt. The detainee handbook states in clear language the basic detainee [8] 0 0 responsibilities. The handbook identifies: • Initial issue of clothing and bedding, and personal hygiene items; • When a medical examination will be conducted; • The telephone policy, debit card procedures, direct and free [8] calls, locations oftelephones, policy when telephone demand 0 0 is high, Policy and procedures for emergency phone calls, and the Detainee Message System; • Facility search procedures and contraband policy; and • Facility visiting hours and schedule, and visiting rules and regulations . The handbook describes the detainee disciplinary policy and procedures, to include: • Prohibited acts and severity scale sanctions; • Time limits in the Disciplinary Process; [8] 0 0 • Summary of Disciplinary Process; • Sick call procedures for general population and segregation; and Th~ rights and responsibilities of all detainees. •

IZI ACCEPTABLE

o DEFICIENT

OAT-RISK

o REPEAT FINDING

REMARKS:

The Alhambra City Jail Handbook provides adequate information for detainee population.

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finJJu1Y9'2008~ IGNATURE/DA

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FOOD SERVICE POLICY: EVERY FACILITY WILL PROVIDE DETAINEES IN ITS CARE WITH NUTRITIOUS AND APPETIZING MEALS, PREPARED IN ACCORDANCE WITH THE HIGHEST SANITARY STANDARDS . y . COMPONENTS NA . REMARKS

Trained staff supervises the food service program.

o

Knife cabinets close with an approved locking device and the on-duty cook foreman maintains control of the key that locks the device.

All knives not in a secure cutting room are physically secured to the workstation and staff directly supervises detainees using knives at these workstations. Staff monitor the condition of knives and dining utensils Detainees are served at least three meals daily. No more than 14 hours elapse between the last meal served and the fIrst meal ofthe following day.

o

o o

A registered dietitian conducts a complete nutritional analysis of every master-cycle menu planned. The food service program addresses medical diets.

o

o

o

Food Service does not use any knives.

o

o

B-4:30 a.m.; L-12:00 p.m.; D-5:00 p.m. Therefore, no more than 14 hours elapses between the last meal and the fIrst meal ofthe day.

o

o

o

Satellite-feeding programs follow guidelines for proper sanitation.

o

Hot and cold foods are maintained' at the prescribed, "safe'" temperature(s) after two hours. (140 degrees for hot - 40 degrees for cold)

Alhambra City Jail does not have any food service staff. All meals provided to the detainees are individually pre-packaged frozen dinners that are re-heated in a microwave oven. All staff assigned to the jail must take a food-handling test and be medically cleared to handle food. Food Service does not use any knives. All meals are individually pre-packaged frozen dinners and re-heated in a microwave oven.

o

o

Alhambra City Jail does not provide any special diets to detainees. Most detainees at this facility are kept less than 12 hours and transferred to another facility. However, if a detainee cannot be accommodated with a special diet; the watch commander will transfer the detainee to another facility where his special diet can be met. The satellite-feeding program is not following proper sanitation guidelines. A few minor sanitation issues were identifIed during the review (cooler box, freezer box, oven, and stainless steel tables need additional cleaning). However, the Jail Supervisor took corrective action to rectifY any sanitation issues during the review.

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FOOD SERVICE

POLlCY: EVERY FACILITY WILL PROVIDE DETAINEES IN ITS CARE WITH NUTRlTIQUS AND APPETIZING MEALS, PREPARED IN ACCORDANCE WITH THE HIGHEST SANITARY STANDARDS. COMPONENTS Y NA REMARKS N All meals are provided in nutritionally adequate portions. All meals are individually preIZl 0 0 packaged and frozen. Food is not used to punish or reward detainees based upon behavior. IZl 0 0 Standard operating procedures include weekly inspections of all food The Jail Supervisor does not service areas, including dining and food-preparation areas and conduct a weekly formal equipment. sanitation inspection. The supervisor needs to develop a 0 0 IZl sanitation i.nspection form to address any sanitation issues within the department. Equipment is inspected daily. Food Service utilizes the following equipment, a freezer 0 0 IZl box, a cooler box, and four microwave ovens to prepare frozen pre-packaged meals. Procedures include inspecting all incoming food shipments for damage, All meals are frozen and reIZl 0 0 contamination, andpest infestation. heated by microwave ovens. Storage areas are locked. IZl 0 0

o

IZI ACCEPTABLE

D

DEFICIENT

AT-RISK

o

REPEAT FINDING

REMARKS: The satellite-feeding program is not following proper sanitation guidelines. The weekly sanitation inspections of all food service areas and equipment are not being conducted.

t

ho

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/July 9, 2008 AUDITOR'S SIGNATUREIDATE

{/

~

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Pagell of39 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07)

FUNDS AND PERSONAL PROPERTY POLlCY: ALL FACILITIES WILL IMPLEMENT PROCEDURES TO CONTROL AND SAFEGUARD DETAlNEES' PERSONAL PROPERTY. PROCEDURES WILL PROVIDE FOR THE SECURE STORAGE OF FUNDS, VALUABLES, BAGGAGE AND OTHER PERSONAL PROPERTY; THE DOCUMENTATION AND RECEIPTING OF SURRENDERED PROPERTY; AND THE INITIAL AND REGULARLY SCHEDULED INVENTORYING OF ALL FUNDS, VALUABLES, AND OTHER PROPERTY.

o STANDARD NA: (IGSA ONLY) CHECK THIS BOX IF ALL ICE DETAINEE FUNDS~ VALUABLES AND PROPERTY ARE HANDLED ONLY

BYTlIE ICE FIELD OFFICE OR SUB-OFFICE IN CONTROL OF THE DETAINEE CASE; COMPONENTS YES No NA REMARKS Detainee funds and valuables are properly separated, stored, and are Funds and valuables are accessible only by designated supervisor(s). properly separated and stored. Funds and valuables are placed within a heat sealed plastic bag 0 0 and stored with the personal 1ZI property. The bags containing the funds and valuables remain sealed until the detainee's release. Detainees' large valuables are secured in a location accessible to Large property is not accepted at IZI the 0 0 desiggated s~ervisor(~ or processing staff only. faciliD'. Two officers are present during the processing of detainee funds and Two officers are not always valuables during in-processing to the facility. Both officers verify funds 0 1ZI 0 present during the processing of and valuables. detainee funds and valuables. Staff forwards an arriving detainee's medicine to the medical staff. The facility does not have any medical staff on site. All medication is placed in the 0 0 1ZI detainee property. The facility does provide aspirin and documents it on a form. Staff searches arriving detainees and their personal property for The arresting officer conducts contraband. searches of all detainees' 1ZI 0 0 personal property and jail staff assists the officer. Staff procedures follow written policy for returning forgotten property to There is no written policy for detainees. 0 1ZI 0 returning forgotten property to ICE detainees. Property discrepancies are immediately reported to the CDEO or Chief of A report is filed with the police 1ZI 0 0 Security. department. CDF/IGSA facility procedures for handling detainee property claims are 1ZI 0 0 similar with the ICE standard.

IZl ACCEPTABLE

o

DEFICIENT

OAT-RISK

o

REPEAT FINDING

REMARKS: Only one officer is utilized to verify the processing of detainee funds and valuables during in-processing.

l,v

There is no written policy for returning forgotten property to ICE detainees.

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IJuly 9, 2008 AUDITOR'S SIGNATURE/DATE

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DETAINEE GRIEVANCE PROCEDURES POLICY: EVERY FACILITY WILL DEVELOP AND IMPLEMENT STANDARD OPERATING PROCEDURES (SOPS) FOR ADDRESSING DETAINEE GRIEVANCES IN TIMELY FASHION. EACH STEP IN THE PROCESS WILL OCCUR WITHIN THE PRESCRIBED TIME FRAME. AMONG OTHER THINGS, A GRffiVANCEWILL BE PROCESSED,INVES1JGATED, AND DECIDED (SUBJECT TO APPEAL) IN ACCORDANCE WITH THE SOPS; A GRIEVANCE COMMITTEE WILL CQNVENE AS PROVIDED IN THE SOPS. STANDARD PROCEDURE WILL INCLUDE PROVIDING THE DETAINEE WITH A WRITTEN RESPONSE TO ANY FORMAL GRIEVANCE, WHICH WILL INCLUDE THE BASIS FOR THE DECISION. THE FACILITY WILL ALSO ESTABLISH STANDARD PROCEDURES FOR HANDLING EMERGENCY GRIEVANCES. ALL GRIEVANCES WILL RECEIVE SUPERVISORY REVIEW; REpRISALAGAlNSTTHE FiLER OF A GRIEVANCE WILL NOT BE TOLERATED; y COMPONENTS N NA REMARKS Jail personnel receive on the job Every member of the staff knows how to identify emergency grievances, including the procedures for expediting them. 0 0 training on how to identify and lZl expedite emergency grievances. There are documented or substantiated cases of staff. harassing, disciplining, penalizing, or otherwise retaliating against a detainee who 0 0 lZl lodged a complaint: • If yes, explain. Procedures include maintaining a Detainee Grievance Log. Illinate complaints and grievances If not, an alternative acceptable record keeping system is are handled in accordance with • maintained. Alhambra Police Manual, Section lZl 0 0 3.8., which provides for the • "Nuisance complaints" are identified in the records. assignment of a number for • For quality control purposes, staff document nuisance tracking purposes. complaints received but not filed. Staff is required to forward any grievance that includes officer 0 lZl 0 misconduct to a higher official or, in a CDF/IGSA facility, to ICE.

~ ACCEPTABLE

o DEFICIENT

OAT-RISK

o REPEAT FINDING

REMARKS: Policies and procedures are in place to adequately track and address detainee grievances.

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inlJUIY9'2008/~

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ATURE!DAT

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ISSUANCE AND EXCHANGE OF CLOTHING, BEDDING, AND TOWELS POLlCY: ICE REQUIRES THAT ALL FACILITIES HOUSING ICE DETAINEES PROVIDE CLEAN CLOTHING, BEDDING, LINENS AND TOWELS TO EVERY ICE DETAINEE UPON ARRNAL. FURTHER, FACILITIES SHALL PROVIDE ICE DETAINEES WITH REGULAR EXCHANGES OF CLOTHING, LINENS, AND TOWELS FOR AS LONG AS nIEY REMAIN IN DETENTION. YES

COMPONENTS

No

NA

REMARKS

Detainees retain personal clothing upon entering this facility. Detainees who stay longer than 24 hours are offered laundry services, however no alternative clothing is currently issued. A plan to provide jumpsuits to detainees while personal clothing is laundered was developed during this inspection.

All new detainees are issued clean,temperature-appropriate, presentable clothing during in-processing.

New detainees are issued clean bedding, linens, and a towel.

IZI ACCEPTABLE

o

DEFICIENT

0

[8J

0

[8J

0

0

OAT-RISK

o

REPEAT FINDING

REMARKS:

A plan to provide jumpsuits to detainees while personal clothing is laundered was developed during this inspection.

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July 9, 2008

Auditor's Signature/Date

d j1-"'

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Page 14 of39 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07)

RELIGIOUS PRACTICES POLICY: FACILITIES WILL PR.oVIDE ICE DETAINEES..oF ALL FAITHS WITH REAS.oNABLE AND EQUITABLE .oPP.oRTUNITIES T.o PARTICIPATE INTI-IE pRACTICES .oF THEIR FAITH, LIMITED .oNLY BY THE C.oNSTRAINTS .oF SAFETY, SECURITY, THE .oRDERLY .oPERATI.oNS .oF THE FACILITY AND BUDGETARY CONSIDERATI.oNS.

y

COMPONENTS

Detainees are allowed to engage in religious services. The facility allows detainees to observe the major "holy days" of their religious faith.

Each detainee is allowed religious items in hislher immediate possession.

o

IZI ACCEPTABLE

~

N

D

REMARKS

Detainees are allowed to observe major "holy days" upon request; however, no special religious diets are being provided to detainees. Most detainees are only kept at this facility for lessthan 12 hours.

D

~

D

D

~

D

D

OAT-RISK

DEFICIENT

NA

o

REPEAT FINDING

REMARKS:

Detainees of different religious beliefs are provided reasonable and equitable opportunities to participate in the practices of their respective faiths. However, most detainees are only kept at this facility for less than 12 hours.

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1July 9, 2008

AUDITOR'S SIGNATUREiDATE

1

tfU·

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SECTION III. HEALTH SERVICES STANDARDS

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ACCESS TO MEDICAL CARE POLICY: EVERY FACILITY WILL ESTABLISH AND MAINTAIN AN ACCREDITED/ACCREDITATION-WORTHY HEALTH PROGRAM FOR THE GENERAL WELL-BEING OF ICE DETAINEES. COMPONENTS Y N NA REMARKS Facilities operate a health care facilio/ in compliance with state and local This is not applicable because laws and guidelines. Alhambra City Jail does not staff medical personnel nor accept detainees who require [g] medical care. Detainees 0 0 requiring medical care are transferred to another facility for managemen~ of health care needs. The facility's in-processing procedures for arriving detainees include A verbal medical screening is medical screening. completed on ICE detainees entering the facility. The screening is based on questions [g] listed on the facility's medical 0 0 screening form. This form is not completed on ICE detainees. The questions are verbally asked, but not documented. All detainees have access to and receive medical care. Should a detainee require medical care, the local emergency medical system is activated to provide emergent care in accordance with policy, Emergency Care for Prisoners [g] 0 0 (1800.04). In non-emergent situations, detainees are transferred to a facility that provides medical care. ICE detainees with medical issues are not accepted at this facility. Pharmaceuticals are stored in a secure area. The only medication available to detainees is over-the-counter medications, which are stored at [g] 0 0 the staffs desk area in the jail. Generally, detainees requiring prescription medications are not accepted at the facility. Medical screening includes a Tuberculosis (TB) test. The facility does not provide medical treatment for detainees. Should a communicable disease be identified, the detainee would be immediately transferred to a medical facility. Procedural practice at Alhambra City Jail is [g] 0 0 for ICE detainees to be cleared for Tuberculosis before being admitted. Currently, ICE does not provide the facility with documented verification of Tuberculosis clearance on detainees.

Page 17 of39 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07)

ACCESS TO MEDICAL CARE POLICY: EVERY FACILITY WILL ESTABLISH AND MAINTAIN AN ACCREDITED/ACCREDITATION-WORTHY HEALTH PROGRAM FOR THE GENERAL

WELL-BEING OF ICE DETAINEES. Detainees in the Special Management Unit have access to health care services.

The facility has a written plan for the delivery of 24-hour emergency health care when no medical personnel are on duty at the facility, or when immediate outside medical attention is required.

Detention staff is trained to respond to health-related emergencies within a 4-minute response time.

~

0

0

~

0

0

~

0

0

0

~

0

~

0

0

0

0

~

Where staff is used to distribute medication, a health care provider properly trains these officers.

The medical unit keeps written records of medication that is distributed.

Detainees are required to sign a refusal to consent form when medical treatment is refused.

[8] ACCEPTABLE

o

DEFICIENT

OAT-RISK

o

In the event of a health care need, detainees are afforded care through community facilities. Alhambra City Jail policy, Emergency Care for Prisoners (1800.04), provides guidance for jail staff to man;ge various medical and psychiatric emergent health care needs. .All j ail staff is trained in Cardiopulmonary Resuscitation and First Aid to enhance a fourminute response time. Prescription medications are not provided at this facility. Jail staff provides over-the-counter aspirin at the request of . detainees. The staff is trained by other jail staff on the procedures to administer the aspirin. Policy, Medication (1800.06), also provides guidance in this area. In the event that a detainee requests aspirin, a medication administration form is completed with the detainee being required to sign that he/she received the medication. This is not applicable because the facility does not provide medical care. REPEAT FINDING

REMARKS:

The facility does not provide medical treatment for detainees. Should a communicable disease be identified, the detainee would be immediately transferred to a medical facility. Procedural practice at Alhambra City Jail is for ICE detainees to be cleared for Tuberculosis before being admitted. Currently ICE does not provide documented verification of Tuberculosis clearance on detainees. Prescription medications are not provided at this facility. Jail staff provides over-the-counter aspirin at the request of detainees. The staff is trained by other jail staff on the procedures to administer the aspirin. Policy, Medication (1800.06), also provides guidance in this area. Overall, Alhambra City ~ail's established policies and procedures meet the requirements of the Access to Medical Care standard.

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AUDITOR'S

.~P

pV

GNATUREID~ July 9, 200

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Page 18 of39 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07)

SUICIDE PREVENTION AND INTERVENTION POLICY: ALL DETENTION STAFF WORKING WITH ICEDETAlNEES WILL BE TRAINED TO RECOGNIZE SUICIDE-RISK INDICATORS. StAFF WILL HANDLE POTENTIALLY SUICIDAL INDIVIDUALS WITH SENSITIVITY, SUPERVISION, AND REFERRALS. A CLINICALLY SUICIDAL DETAINEE WILL RECEIVE PREVENTIVE SUPERVISION AND TREATMENT. NA COMPONENTS Y N REMARKS Every new staff member receives suicide-prevention training. SuicideAll new staff at Alhambra City prevention training occurs during the employee orientation program. Jail receives suicide prevention training during the initial [gJ D orientation process. In addition, 0 policy, Jail Suicide Prevention (1800.05), provides guidelines to manage suicidal detainees. Training prepares staff to: Suicide prevention and Recognize potentially suicidal behavior; intervention training prepares • [gJ ·staff to recognize potential detainees, following facility D D • Refer potentially suicidal suicidal behaviors and apply procedures; and management techniques. • Understand and apply suicide-prevention techniques.

IZI ACCEPTABLE

o DEFICIENT

D

AT-RISK

o REPEAT FINDING

REMARKS: Alhambra City Jail's established policies and procedures meet the requirements of the Suicide Prevention and Intervention standard.

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AUDITOR'S

Jnly 9,2008·

jJI"--'

NATUREIDAT~l

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SECTION IV. SECURITY AND CONTROL

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CONTRABAND POLICY: ALL DETENTION FACILITIES WILL ENSURE THE PROPER HANDLING AND DISPOSAL OF ALL CONTRABAND. DOCUMENTATION OF CONTRABAND DESTRUCTION IS REQUIRED.

COMPONENTS The facility follows a written procedure for handling illegal contraband. Staff inventory, hold, and report it when necessary to the proper authority for action/possible seizure: . Upon admittance, detainees receive notice of items they can and cannot possess.

IZI ACCEPTABLE

DDEFICIENT

D

Y

N

NA

[8J

0

0

[8J

0

0

AT-RISK

REMARKS

D REPEAT FINDING

REMARKS: All detainees receive a copy of the Alhambra City Jail Rules upon admission and must sign that they have read or that the rules have been fully explained to them.

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AUDITOR'S

) NATUREIDAT~;

lJuly9, 2008

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Page 21 of39 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07)

DETENTION FILES POLICY: EVERY FACILITY WILL CREATE A DETENTION FILE FOR EVERY ICE DETAINEE BOOKED INTO THE FACILITY, EXCLUDING ONLY DETAINEES SCHEDULED TO DEPART WITHIN 24 HOURS. THE DETENTION FILE WILL CONTAIN COPIES AND, IN SOME CASES, THE ORIGINAL OF SPECIFIED DOCUMENTS CONCERNING THE DETAINEE'S STAY.IN THE FACILITY: CLASSIFICATION SHEET, MEDICAL QUESTIONNAIRE, PROPERTY INVENTORY SHEET, DISCIPLINARY DOCUMENTS, ETC. .. COMPONENTS N NA Y REMARKS A detention file is created for every new arrival whose stay will exceed A case record is not completed D ~ D for each new arrival. 24 hours. The detainee detention file contains either originals or copies of The booking process requires documentation and forms generated during the admissions process. this information to be included ~ D D in the records. The detainee's de~ention file also contains doc~m~nts generated during the detainee's custody. • Special requests 0 0 • Any G-589s and/or 1-77s closed-out during the detainee's stay ~ • Disciplinary forms/Segregation forms • Grievances, complaints, and the disposition(s) of same The detention files are located and maintained in a secure area.. If not, the 0 0 ~ cabinets are lockable and distribution of the keys is limited to supervisors. The detention file remains active during the detainee's stay. When the Upon transfer or release, case detainee is released from the facility, staff adds copies of completed records are transferred to 0 Alhambra ~ 0 release documents, the original closed-out receipts for property and PD Records valuables, the original 1-385 or equivalent, and other documentation. Department. The officer closing the detention file makes a notation that the file is ~ D 0 complete and ready to be archived. Staff makes copies and sends documents from the file when properly 0 0 When requested. ~ requested by supervisory personnel at the receiving facility or office. Appropriate staffhas access to the detention files, and other departmental requests are accommodated by making a request for the file. Each file is properly logged out and in by a representative of the responsible department.

[8J ACCEPTABLE

o

DEFICIENT

~

0

OAT-RISK

0

o

Files are stored in the booking area and can be reviewed there if needed. REPEAT FINDING

REMARKS:

FM, Section 500.01, Case Records, requires records to be started upon admission andto include documentation regarding the detainee's incarceration. Due to the typically short stay (less than 24 hours), an abbreviated record is being utilized. It was recommended that any detainee who is housed more than 24 hours should have a case record established.

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J;fL'

SIGNATURE/DA~j

July 9,2008

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DISCIPLINARY POLICY POLICY: ALL FACILITIES HOUSING ICE DETAINEES ARE AUtHORIZED TO IMPOSE DlSCIPLINE ON DETAINEES WHOSE BEHAVIOR IS NOT IN COMPLIANCE WITH FACILITY RULES AND REGULATIONS; NA REMARKS Y N COMPONENTS . The facility does not administer The facility has a written disciplinary system using progressive levels of [8J 0 0 discipline. reviews and appeals. The facility rules state that disciplinary action shall not be capricious or [8J 0 0 retaliatory. Written rules prohibit staff from imposing or permitting the following sanctions: • corporal punishment Alhambra City Jail does not • deviations from normal food service have policy. The 0 0 '[8J facilitya disciplinary • clothing deprivation does not administer • bedding deprivation discipline. • denial of personal hygiene items • loss of correspondence privileges • d(ll>fivation of physical exercise The rules of conduct, sanctions, and procedures for violations are defmed [8J 0 0 in writing and communicated to all detainees verbally and in writing. The following items are conspicuously posted in Spanish and English, The detainee's Rights and and other dominate languages used in the facility: Responsibilities were not conspicuously posted in English • Rights and Responsibilities [8J 0 or 0 Spanish in the facility. The • Prohibited Acts facility does not administer • Disciplinary Severity Scale discipline. • Sanctions The facility does not administer When minor rule violations or prohibited acts occur, informal resolutions [8J 0 0 discipline. are encouraged.

[SI ACCEPTABLE

o

DEFICIENT

OAT-RISK

o

REPEAT FINDING

REMARKS: Detainees that pose disciplinary problems are removed by ICE (the offending detainee) as soon as possible. Depending on the seriousness of the offense, separate criminal charges may be pursued.

.

( pv

July 9, 2008 AUDITOR'S SIGNATURE/DATE b6, b7c

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Page 23 of39 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07)

EMERGENCY (CONTINGENCY) PLANS POLICY ALL FACILITIES HOLDING ICE DETAINEES WILL RESPOND TO EMERGENCIES WITH APREDETERMINED STANDARDIZED PLAN TO MINIMIZE THE HARMING OF HUMAN LIFE AND THE DESTRUCTION OF PROPERTY. IT IS RECOMMENDED THAT SPCS AND CDFs ENTER INTO AGREEMENT; VIA MEMORANDUM OF UNDERSTANDING (MOU), WITH FEDERAL, LOCAL AND STATE AGENCIES TO ASSIST IN TIMES OF EMERGENCY. NA COMPONENTS Y REMARKS N Policy precludes detainees or detainee groups from exercising control or 0 lZl 0 authority over other detainees. Detainees are protected from: • Personal abuse • Corporal punishment • Personal injury • Disease • Property damage • Harassment from other detainees Written procedures cover: • WorkIFood Strike • Disturbances • Escapes • Bomb Threats • Adverse Weather • Facility Evacuation • Internal Hostages

I'SJ ACCEPTABLE

lZl

lZl

o

DEFICIENT

0

0

OAT-RISK

0

The requirements ofthis standard are addressed in the detainee handbook.

0

The facility does not have a written stand-alone procedure addressing a Work/Food Strike Plan.

o

REPEAT FINDING

REMARKS: The facility has all ofthe ICE required emergency contingency plans except for a stand-alone Work/Food Strike. Based on the fact that the detainees do not work at this facility and are housed less than 72 hours, a Work/Food Strike Emergency (contingency) Plan may not be applicable to this facility.

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/July 9,200& }

J"

NATURE/DATE.r~·

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Page 24 of39 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07)

ENVIRONMENTAL HEALTH AND SAFETY .POLICY: EVERY FACILITY WILL CONTROL FLAMMABLE, TOXIC, AND CAUSTIC MATERIALS THROUGHAHAZARDOUS MATERIALS PROGRAM. THE PROGRAM WILL INCLUDE, AMONG OTHER THINGS, THE IDENTIFICATION AND LABELING OF HAZARDOUS MATERIALS IN ACCORDANCE WITH APPLICABLE STANDARDS (E.G., NATIONAL FIRE PROTECTION ASSOCIATION [NFPA]); IDENTIFICATION OF INCOMPATIBLE MATERIALS, AND SAFE-HANDLING PROCEDURES NA COMPONENTS Y REMARKS N the facility has a system for storing, issuing, and maintaining inventories ~ 0 0 of hazardous materials. Constant inventories are maintained for all flammable, toxic, and caustic substances used/stored in each section of the facility.

0

~

0

~

0

0

~

0

0

~

0

0

~

0

0

~

0

0

~

0

0

The manufacturer's Material Safety Data Sheet (MSDS) file is up-to-date for every hazardous substance used.

All personnel using flammable, toxic, and/or caustic substances follow the prescribed procedures. They: • Wear personal protective equipment; arid • Report hazards and spills to the designated official. The MSDSs are readily accessible to staff and detainees in work areas. Hazardous materials are always issued under proper supervision. • Quantities are limited; and • Staff always supervises detainees using these substances. The facility has sufficient ventilation, and provides and ensures clean air exchanges throughout all buildings.

Vents, return vents, and air conditioning ducts are not blocked or obstructed in cells or anywhere in the facility. Living units are maintained at appropriate temperatures in accordance with industry standards. (68 to 74 degrees in the winter and 72 to 78 degrees in the summer.)

Shower and sink water temperatures do not exceed the industry standard of 120 degrees. Staff directly supervise and account for products with methyl alcohol. Staff receives a list of products containing diluted methyl alcohol, e.g., shoe dye. All such products are clearly labeled. "Accountability" includes issuing such products to detainees in the smallest workable quantities. A technically qualified officer conducts the fire and safety inspections.

A plan was developed during this review to conduct inventories of hazardous substances within th,e facility. A plan was developed during this review to update, alphabetize, and provide additional copies of the MSDS file to dispatch and the Police Lieutenant. Jail personnel receive chemical safety training within 30 days of entry on duty date. MSDSs are available to staff and detainees upon request. Jail personnel conduct all of the cleaning and laundry operations within the jail. Detainees are not permitted access to cleaning chemicals. A computer-based system called StaefaiTalon is utilized to ensure required clean air exchanges throughout the facility.

Living unit temperatures were monitored and maintained by the StaefaiTalon system that signals discrepancies to dispatch.

~

0

0

~

0

0

0

0

~

Methyl alcohol is not used or stored within this facility.

0

The Jail Supervisor conducting the monthly fire and safety inspections received training from his predecessor and the local fire department.

~

0

Page 25 of39 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07)

ENvmONMENTAL HEALTH AND SAFETY

POLICY: EVERY FACILITY WILL CONTROL FLAMMABLE, TOXIC, AND CAUSTIC MATERIALS THROUGH AHAZARDOUS MATERIALS PROGRAM. THE PROGRAM WILL INCLUDE, AMONG OTHER THINGS, THE IDENTIFICATION AND LABELING OF HAZARDOUS MATERIALS IN ACCORDANCE WITH APPLICABLE STANDARDS (E.G., NATIONAL FIRE PROTECTION ASSOCIATION [NFPA]); IDENTIFICATION OF INCOMPATIBLE MATERIALS, AND SAFE-HANDLING PROCEDURES NA COMPONENTS Y N REMARKS The facility lias an approved fire prevention, control, and evacuation plan. The fire plan is approved by Correctional Systems, Inc and [g] 0 0 the Jail Administrator of Alhambra Police Department. The plan requires: Safety and Emergency • Monthly fu:e ,inspections; Procedures# 1000.01, effective' • Fire protection equipment strategically located throughout the October 2005, covers most of facility; the components of the fire plan. 0 0 • Public posting of emergency plans with accessible [g] The addition of maintenance, building/room floor plans; inspection, and testing of fire Exit signs and directional arrows; and • suppression equipment would • An area-specific exit diagram conspicuously posted in the enhance the fire plan. diagrammed area. Written procedures regulate the handling and disposal of used needles Written procedures regulating and other sharp objects. the handling and disposal of used needles, and other sharp objects are outlined in the [g] 0 0 Communicable Disease, Blood borne and Airborne Pathogen Policy #0300.01 - Alhambra Police Del~artment. Standard cleaning practices include: A cleaning schedule for each • Using specified equipment; cleansers; disinfectants and [g] area of the jail was posted in the 0 0 detergents. laundry/storage area. An established schedule of cleaning and follow-up inspections. • A licensed/Certified/Trained pest-control professional inspects for Dewey Pest Control is on rodents, insects, and vermin. contract to conduct pest control [g] 0 • At least monthly. 0 operations on a monthly basis as' • The pest-control program includes preventative spraying for required. indigenous insects. ,

IZI ACCEPTABLE

o

,

,

DEFICIENT

,

OAT-RISK

o

REPEAT FINDING

REMARKS: A plan was developed during this review to conduct inventories of hazardous substances and update the current MSDS file. The addition of maintenance, inspection, and testing of fire suppression equipment would enhance the fire plan. (Safety and Emergency Procedures #1000.01 for the Alhambra City Jail)

b6, b7c

lJuly9,2008

AUDITOR'S SIGNATUREiDATE

J/V ~

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Page 26 of39 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07)

HOLD ROOMS IN DETENTION FACILITIES

POLICY: HOLD ROOMS WILL BE USED ONLY FOR TEMPORARY DETENTION OF DETAINEES AWAITING REMOVAL, TRANSFER,EOIR HEARINGS, MEDICAL TREATMENT, INTRA-FACILITY MOVEMENT, OR OTHER PROCESSING INTO OR OUT OF THE FACILITY. COMPONENTS N REMARKS Y NA The hold rooms are situated within the secure perimeter. ~ 0 0 . . The hold rooms are well ventilated, well lighted, and all activating 0 0 ~ switches are located outside the room. The hold rooms contain sufficient seating for the number of detainees 0 0 ~ held. . The walls and ceilings of the hold rooms are tamJl.er and escaJl.eproof. 0 ~ 0 Individuals are not held in hold rooms for more than 12 hours. 0 0 ~ Male and females are segregated from each other. 0 0 ~ Detainees under the age of 18 are not held with adult detainees. The facility does not house 0 0 ~ juvenile detainees. Toilet facilities are located In older facilities, officers are within visual or audible range to allow ~ 0 0 inside the cells. detainees access totoilet facilities on a regular basis. All detainees are given a pat down search for weapons or contraband All detainees are pat searched before being placed in the room. prior to being placed in the ~ 0 0 holding cells. Officers closely supervise the detention hold rooms using direct supervision (Irregular visual monitoring.). 0 0 ~ • Hold rooms are irregularly monitored every 15 minutes . • Unusual behavior or complaints are noted.

[8J ACCEPTABLE

o DEFICIENT

OAT-RISK

o REPEAT FINDING

REMARKS: Detainees are nonnally processed and immediately moved to the designated ICE housing area within an hour after their arrival at the facility. The holding cells and housing units are located in the same area.

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NATUREIDATE~j r-~

/July 9. 2008

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Page 27 of39 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07)

KEY AND LOCK CONTROL (SECURITY, ACCOUNTABILITY AND MAINTENANCE) POLICY IT IS THE POLICY OF THE ICE SERVICE TO MAINTAIN AN EFFICIENT SYSTEM FOR THE USE, ACCOUNTABILITY AND MAINTENANCE OF ALL KEYS AND LOCKS. N NA COMPONENTS Y REMARKS Facility policy, FM 0900.06, Facility policies and procedures address the issue of compromised keys Key Control, does not address and locks. ~ the issue of compromised keys and locks. The review team did not observe Padlocks and/or chains are prohibited from use on cell doors. any padlocks or chains being ~ utilized on any cell doors. .. The entrance/exit door io'cl<:s to detainee living quarters, or areas with an occupant load of 50 or more people, conform to: • Occupational Safety and Environmental Health Manual, Ch. 3; ~ National Fire Protection Association Life Safety Code 10 1. Emergency keys are maintained Emergency keys are available for all areas of the facility. in the Watch Commander ~ Section of Alhambra City Jail and Jail Administrator's Office. The facilities use a key accountability system. The keys are counted at the start of each shift and documented in ~ the activliY log. The facility does not have Authorization is necessary.to issue any restricted key. ~ restricted keys. Individual gun lockers are provided. • They are located in an area that permits constant officer ~ observation. • In an area that does not allow detainee or public access. All staff members are trained and held responsible for adhering to proper procedures for the handling of keys. Issued keys are returned immediately in the event an employee inadvertently carries a key ring home. ~ • When a key or key ring is lost, misplaced, or not accounted for, the shift supervisor is immediately notified. • Detainees are not permitted to handle keys assigned to staff.

0

..

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

•

[:8] ACCEPTABLE

DDEFICIENT

D

AT-RISK

D REPEAT FINDING

REMARKS: Emergency keys are maintained in the Watch Commander Section and Jail Administrator's office. Policy should be developed addressing compromised keys and locks.

July 9.2008 ) b6, b7c AUDITOR'S SIGNATURE/DATE

P

D

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II

Page 28 of39 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07)

POPULATION COUNTS POLICY: ALL DETENTION FACILITIES SHALL ENSURE AROUND-THE-CLOCK ACCOUNTABILITY FOR ALL DE~AINEES. THIS REQUIRES THAT THEY CONDUCT AT LEAST ONE FORMAL COUNT OF THE DETAINEE POPULATION PER SHIFT, WITH ADDITIONAL FORMAL AND INFORMAL COUNTS CONDUCTED AS NECESSARY. N REMARKS COMPONENTS Y NA There are five official counts Staff conduct a fonnal count at least once each shift. conducted during a 24 hours period. Intennittent visual [8] inspections of all detainees are 0 0 conducted at least every 60 minutes and documented on each cell's check log. Activities cease or are strictly controlled while a fonnal count is 'being [8] 0 0 conducted. [8] Fonnal counts in all units takeJJlace simultaneously. 0 0 [8] Detainee participation in counts is prohibited. 0 0 Officers positively identify each detainee before counting him/her as [8] 0 0 present. Officers positively identify each detainee before counting himlher as [8] 0 0 present. Facility policy, FM 0900.05, Written procedures cover infonnal and emergency counts. Detainee Accountability, They are followed during infonnal counts and emergenCies . • [8] 0 0 paragraph 4, Emergency Counts, .addresses this standard. The control officer (or other designated position) maintains an out [8] 0 0 count record of all detainees temporarily leaving the facility. ,

[:gI ACCEPTABLE

o DEFICIENT

OAT-RISK

, ,

,

o REPEAT FIN'DING

REMARKS: Official counts are conducted at 12:00 Midnight, 0300, 0600, 1600, and 2200 daily. The review team observed the 1600 count, there were no discrepancies noted.

jJ,r>?

'July 9.2008 AUDITOR'S SIGNATUREIDATE, , b6, b7c

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Page 29 of39 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07)

SECURITY INSPECTIONS POLICY: POST ASSIGNMENTS IN THE FACILITY'S HIGH-RISK AREAS, WHERE SPECIAL SECURITY PROCEDURES MUST BE FOLLOWED, WILL BE RESTRICTED TO EXPERIENCED PERSONNEL WITH A THOROUGH GROUNDING IN FACILITY OPERATIONS. COMPONENTS YES NA REMARKS No. The facility has a comprehensive security inspection policy. Routine searches are conducted 0 as necessary. ~ 0 Every officer isrequir~d to conduct a securitY check ofhislher assigned 0 ~ 0 area. The results are documented. The front-entrance officer checks the ID of everyone entering or exiting 0 ~ 0 the facility. Control Center officer receives ~ecialized training. The Control Center is staffed around the clock. '. Policy restricts staff access to the Control Center. Detainees are restricted from access to the Control Center. Officers monitor all vehicular traffic entering and leaving the facility.

~

The facility maintains a log of all incoming and departing vehicles to sensitive areas of the facility. Officers thoroughly search each vehicle entering and leaving the facility.

Ev~ry

0 0 0 0

0

0 0 0 0 0

0

0

~

0

0

~

~

0

0

~ ..

~ ~

~

Every search of the SMU and other housing units is documented.

IZl ACCEPTABLE

o DEFICIENT

OAT-RISK

.. Vehicies do not enter the interior of the facility. The facility does not have a secure perimeter. The facility is a city jail. No vehicles enter into the facili!YThe facility does not have a designated SMU. Searches of the housing units (when conducted) are documented on a "Cell Shake Down Log".

o REPEAT FINDING

REMARKS: Security inspections are not conducted on a specific schedule due to the fluctuation of the detainee population; however routine searches are conducted as deemed necessary.

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AUDITOR'S

lJuly9, 2008

t

GNATURE/DATE~r -.

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Page 30 of39 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07)

SPECIAL MANAGEMENT UNIT (SMU) ADMINISTRATIVE SEGREGATION POLICY: THE SPECIAL MANAGEMENT UNIT REQUIRED IN EVERY FACILITY ISOLATES CERTAIN DETAINEES FROM THE GENERAL POPULATION. THE SPECIAL MANAGEMENT UNIT WILL CONSIST OF TWO SECTIONS. ONE, ADMINISTRATIVE SEGREGATION, l-{OUSES DETAINEESISO!-ATED FOR THEIR OWN PROTECTION; THE OTHER FOR DETAINEES BEING DISCIPLINED FOR WRONGDOING (SEE THE "SPECIAL MANAGEMENT UNIT [DISCIPLINARY SEGREGATION1" STANDARD). N· . COMPONENTS Y NA REMARKS The Administrative Segregation unit provides non-punitive protection from the general population and individuals undergoing disciplinary The facility does not have a [g] designated administrative segregation. 0 0 segregation unit. • Detainees are placed in the SMU (administrative) in accordance with written criteria. .. . In exigent circumstances, staff may' 'place a detainee in the SMU [g] (administrative) before a written order has been approved. 0 0 A copy of the order given to the detainee within 24 hours. • Administratively segregated detainees enjoy the same general privileges [g] 0 0 as detainees in the general population. The SMU is: • Well ventilated; [g] 0 0 • Adequately lighted; • Appropriately heated; and • Maintained in a sanitary condition. All cells are equipped with beds. [g] 0 0 • Every bed is securely fastened to the floor or wall. The number of detainees in any cell does not exceed the occupancy [g] D 0 limit. Detainees receive three nutritious meals per day, from the general [g] 0 0 population's menu of the day. [g] Each detainee maintains a normal level of personal hygiene in the SMU. 0 0 A health care professional visits every detainee at least three times a [g] 0 0 week. The SMU maintains a permanent log of detainee-related activity, e.g., [g] 0 0 meals served, recreation, visitors etc. Staff record whether the detainee ate, showered, exercised, and took any [g] 0 0 applicable medication during every shift. '

IZI ACCEPTABLE

DnEFICIENT

D

AT-RISK

D REPEAT FINDING

REMARKS: ICE detainees are housed separately from local prisoners or other prisoners. If it becomes necessary to separate ICE detainees from each other, a designated cell (s) can be assigned as such within the ICE cellblock.

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July 9. 2008

AUDITOR'SSIGNATUREIJ)ATE

Jr

t7U

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Page 31 of39 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07)

SPECIAL MANAGEMENT UNIT DISCIPLINARY SEGREGATION POLICY: EACH FACILITY WILL ESTABLISH A SPECIAL MANAGEMENT UNIT IN WHICH TO ISOLATE CERTAIN DETAINEES FROM THE GENERAL POPULATION. THE SPECIAL MANAGEMENT UNIT WILL HAVE TWO SECTIONS, ONE FOR DETAINEES IN ADMINISTRATIVE SEGREGATION; THE OTHER FOR DETAINEES BEING SEGREGATED FOR DISCIPLINARY REASONS. COMPONENTS Y N NA REMARKS Officers placing detainees in disciplinary segregation follow written The facility does not have a designated Special Management procedures. 0 0 ~ Unit. A completed Disciplinary Segregation Order accompanies the detainee 0 0 ~ into the SMU. Standard procedures include reviewing the cases of individual detainees 0 0 ~ housed in disciplin~ry segregation at set intervals. " The conditions of confinement in the SMU are proportional to the 0 ~ 0 amount of control necessary to protect detainees and staff. All cells are equipped with beds that are securely fastened to the floor or 0 0 ~ wall of the cell. When a detainee is segregated without clothing, mattress, blanket, or pillow (in a dry cell setting), a justification is made and the decision is 0 0 ~ reviewed each shift. Items are returned as soon as it is safe. Detainees in the SMU receive three nutritious meals per day, selected 0 0 ~ from the Food Service's menu of the day. Detainees are allowed to maintain a normal level of personal hygiene, 0 0 ~ including the opportunity to shower and shave at least three times/week. A health· care professional visits every detainee in disciplinary 0 0 ~ segregation every week day. All detainee-related activities are documented, e.g. meals served, 0 ~ 0 recreation activities, visitors, etc. SMU staff record whether the detainee ate, showered, exercised, took medication, etc. 0 ~ • Details about the detainee logged, e.g., a medical condition, 0 suicidaVviolent behavior, etc. '.

IZIACCEPTABLE

DDEFICIENT

OAT-RISK

o

REPEAT FINDING

REMARKS: Discipline is not administered at Alhambra City Jail. If a detainee becomes a disciplinary problem, ICE is notified and the detainee is removed as soon as possible.

1

/July 9, 2008 . AUDITOR'S SIGNATUREIDATE b6, b7c

rp-

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Page 32 of39 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07)

TOOL CONTROL POLICY: IT IS THE POLICY OF ALL FACILITIES THAT ALL EMPLOYEES SHALL BE RESPONSIBLE FOR COMPLYING WITH THE TOOL CONTROL POLICY. THE MAINTENANCE SUPERVISOR SHALL MAINTAIN A COMPUTER GENERATED OR TYPEWRITTEN MASTER INVENTORY LIST OF TOOLS AND EQUIPMENT AND THE LOCATION IN WHICH TOOLS ARE STORED. THESE INVENTORIES SHALL BE CURRENT, FILED AND READILY AVAILABLE FOR TOOL INVENTORY AND ACCOUNTABILITY DURING AN AUDIT: y COMPONENTS N NA REMARKS The facility has a tool classification system. Tools are classified according to: 0 0 1ZI • Restricted (dangerous/hazardous); and • Non-Restricted (non-hazardous). Each facility has procedures for the issuance of tools to staff and 0 1ZI 0 detainees ..

I2SI ACCEPTABLE

DDEFICIENT

D

AT-RISK

D REPEAT FINDING

REMARKS: There are no tools maintained within the confmes of the facility. All facility maintenance is performed by the County Maintenance Department or outside contractors.

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.fl

/July 9,2008 jI'NATUREIDATEr

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Page 33 of39 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07)

TRANSPORTATION LAND TRANSPORTATION POLICY: THE IMMIGRATION AND NATURALIZATION SERVICE WILL TAKE ALL NECESSARY PRECAUTIONS TO PROTECT THE LIVES, SAFETY, AND WELFARE OF OUR OFFICERS, HIE GENERAL PUBLIC, AND THQSE IN ICE CUSTODY DURING THE TRANSPORTATION OF DETAINEES. STANDARDS HAVE BEEN ESTABLISHED FOR PROFESSIONAL TRANSPORTATION UNDER THE SUPERVISION OF EXPERIENCED AND TRAINED DETENTION ENFORCEMENT OFFICERS OR AUTHORIZED CONTRACT PERSONNEL.

IZI STANDARD NA: CHECK THIS BOX IF ALL ICE TRANSPORTATION IS HANDLED ONLY BY THE ICE FIELD OFFICE OR SUB-OFFICE IN CONTROL OF THE DETAINEE CASE. NA COMPONENTS YES REMARKS No Transporting officers comply with applicable local, state, and federal motor vehicle laws and regulations. Records support this fmding of 0 0 0 .' .' .' " compliance. Every transporting officer required to drive a commercial size bus has a valid Commercial Driver's License (CDL) issued by the state of 0 0 0 employment. Supervisors maintain records for each vehicle operator. 0 0 0 Officers use a checklist during every vehicle inspection. • . Officers report deficiencies affecting operability; and 0 0 • Deficiencies are corrected before the vehicle goes back into 0 service. Transporting officers: • Limit driving time to 10 hours in any 15 hour period; • Drive only after eight consecutive off-duty hours; • Do not receive transportation assignments after having been on duty, in any capacity, for 15 hours; 0 0 0 Drive a 50-hour maximum in a given work week; a 70-hour • maximum during eight consecutive days; • During emergency conditions (including bad weather), officers may drive as long as necessary and safe to reach a safe area-exceeding the 10-hour limit. Two officers with valid CDts required in any bus transporting detainees. • When buses travel in tandem with detainees, there are two 0 0 0 qualified officers per vehicle. • An unaccompanied driver may transport an empty vehicle. Before thy start of each detail, the vehicle is thoroughly searched. 0 0 0 Positive identification of all detainees being transported is confirmed. 0 0 0 All detainees are searched immediately prior to boarding the vehicle by 0 0 0 staff controlling the bus or vehicle. The facility ensures that the number of detainees transported does not 0 0 0 exceed the vehicles manufacturer's occupancy level. Protective vests are provided to all transporting officers. 0 0 0 The vehicle crew conducts a visual count once all passengers are on board and seated. 0 0 0 Additional visual counts are made whenever the vehicle makes a scheduled or unscheduled stop. Policies and procedures are in place addressing the use of restraining 0 0 0 equipment on transportation vehicles. Officers ensure that no one contacts the detainees. 0 0 • One officer remains in the vehicle at all times when detainees 0 are present. Meals are provided during long distance transfers. 0 0 • The meals meet the minimum dietary standards, as identified by 0 dieticians utilized by ICE.

..

Page 34 of39 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07)

TRANSPORTATION LAND TRANSPORTATION POLICY: THE IMMIGRATION AND NATURALIZATION SERVICE WILL TAKE ALL NECESSARY PRECAUTIONS TO PROTECT THE LIVES, SAFETY, AND WELFARE OF OUR OFFICERS, THE GENERAL PUBLIC, AND THOSE IN ICE CUSTODY DURING THE TRANSPORTATION OF DETAINEES. STANDARDS' HAVE BEEN ESTABLISHED FOR PROFESSIONAL TRANSPORTATION UNDER THE SUPERVISION OF EXPERIENCED AND TRAINED DETENTION ENFORCEMENT OFFICERS OR AUTHORIZED CONTRACT PERSONNEL.

I:8J STANDARD NA: CHECK THIS BOX IF ALL ICE TRANSPORTATION IS HANDLED ONLY BY THE ICE FIELD OFFICE OR SUB-OFFICE IN CONTROL OF THE DETAINEE CASE. YES COMPONENTS No NA REMARKS The vehicle crew inspects all Food Service pickups before accepting delivery (food wrapping, portions, quality, quantity, thermos-transport " containers, etc.). Before accepting the meals, the vehicle crew raises and resolves • D D D questions, concerns, or discrepancies with the Food Service representative; Basins, latrines, and drinking-water containers/dispensers are • cleaned and sanitized on a fixed schedule. Vehicles have: • Two-way radios; D D D • Cellular telephones; and • Equipment boxes stocked in accordance with the Use of Force Standard. The vehicles are clean and sanitary at all times. D D D Personal property of a detainee transferring to another facility is: • Inventoried; D D D • Inspected; and • Accompanies the detainee. The following contingencies are included in the written procedures for vehicle crews: • Attack • Escape • Hostage-taking • Detainee sickness • Detainee death D D D • Vehicle fire • Riot • Traffic accident • Mechanical problems • Natural disasters • Severe weather • Passenger list includes women or minors

IZI ACCEPTABLE

"

"

"

o DEFICIENT

.0

AT-RISK

o REPEAT FINDING

REMARKS: ICE provides the transportation for all of the ICE detainees.

July 9,2008/ . ) fV AUDITOR'S SIGNATUREIDAT:Y I

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Page 35 of39 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07)

USE OF FORCE POLICY: THE U.S. DEPARTMENT OF HOMELAND SECURITY AUTHORIZES THE USE OF FORCE ONLY AS ALAST ALTERNATlVE AFTER ALL OTHER REASONABLE EFFORTS TO RESOLVE A SITUATION HAVE FAILED. ONLY THAT AMOUNT OF FORCE NECESSARY TO GAIN CONTROL OF THE . .DETAINEE, TO PROTECT AND. ENSURE THE SAFETY OF DETAINEES, STAFF AND OTHERS,.TO PREVENT SERIOUS PROPERTY DAMAGE AND TO ENSURE INSTITUTION SECURITY AND GOOD ORDER MAYBE USED. PHYSICAL RESTRAINTS NECESSARY TO GAIN CONTROL OF ADETAINEE WHO APPEARS TO BE DANGEROUS MAY BE EMPLOYED WHEN THE DETAINEE:· YES NO COMPONENTS NA REMARKS There is a use of force policy outlining immediate and calculated use of Alhambra City Jail Field Policy force, and confrontation avoidance. Manual 0900.1, Use of Force IZI 0 0 and Restraint Equipment, addresses this standard. Staff members are trained in the performance of~he Use-of-Force Team '

Techn~que.

All use-of-force incidents are documented and reviewed. Staff: • Do not use force as punishment; • Attempt to gain the detainee's voluntary cooperation before resorting to force; • Use only as much force as necessary to control the detainee; and Medication may only be used for restraint purposes when authorized by the Medical Authority as medically necessary. In immediate-use-of-force situations, staff contacts medical staff once the detainee is under control. Special precautions are taken when restraining pregnant detainees. • Medical personnel are consulted The officers are thoroughly trained in the use of soft and hard restraints. For incidents involving calculated use of force, a videotape is made and retain~d for review.

IZI ACCEPTABLE

o DEFICIENT

IZI IZI

0 0

0 0

IZI

0

0

IZI

0

0

IZI

0

0

0

IZI

0

IZI IZI

0 0

0 0

OAT-RISK

.'

.'

There are no written procedures addressing the issue of restraining a pregnant detainee.

o REPEAT

FINDING

REMARKS: There have been no use of force incidents involving ICE detainees; however, the facility has the capability to tape the incidents and policy requires all participants to submit a report that is reviewed by the Operations Commander and Jail Administrator. Policy should include procedures and precautions for restraining pregnant detainees.

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AUDITOR'S

1 NATURE/DAT~"

/JuJy9. 2008

(1/

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Page 36 of39 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07)

STAFF DETAINEE COMMUNICATIONS -

POLICY: PROCEDURES MUST BE IN PLACE TO ALLOW FOR FORMAL AND INFORMAL CONTACT BETWEEN KEY FACILITY STAFF AND ICE STAFF AND ICE DETAINEE AND TO PERMIT DETAINEES TO MAKE WRITTEN REQUESTS TO ICE STAFF AND RECENE AN ANSWER IN AN ACCEPTABLE TIME . FRAME. ·N COMPONENTS Y NA REMARKS

ICE infonnation request Fonns are available at the IGSA for use by ICE . detainees. The IGSA treats detainee correspondence to ICE staff as Special Correspondence.

1ZI ACCEPTABLE

DDEFICIENT

D

0

D

0

0

0

0

AT-RISK

ICE fonns are not used, but local request fonns suffice. FM Section 2400.04, Inmate Correspondence, indicates compliance.

D REPEAT FINDING

REMARKS:

Review of policy and files, as well as, a discussion with local ICE staff indicated compliance.

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July 9. 2008

.JJ"-'

b6, b7c

AUDITOR'SSIGNATURElDA1'

Page 37 of39 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07)

DETAINEE TRANSFER STANDARD

POLICY: ICEWILLMAKEALLNECESSARYNOTIFICATIONSWHENADETAINEEISTRANSFERRED.lFADETAINEEIS BEING TRANSFERRED VIA THE JUSTICE PRISONER ALIEN TRANSPORTATION SYSTEM (JPATS), ICE WILL ADHERE TO JPATS PROTOCOLS. IN DECIDING WHETHER TO TRANSFER ADETAINEE, ICE WlLL TAKE INTO CONSIDERATION WHETHER THE DETAINEE IS REPRESENTED BEFORE THE IMMIGRATION COURT. IN SUCH CASES, THE FIELD OFFICE DIRECTOR WILL CONSIDER THE DETAINEE'S STAGE WITHINTHEREMOVALPROCESS,WHETHERTHEDETAINEE'S ATTORNEY IS LOCATED WITHIN REASONABLE DRIVING DISTANCE OF THE FACILITY, AND WHERE THE IMMIGRATION COURT PROCEEDINGS ARE TAKING PLACE. COMPONENTS Y N NA REMARKS When a detainee is represented by legal counselor a legal representative, and a G-28 has been filed, the representative of record is notified by the detainee's Deportation Officer. ICE staff in the Field Office ~ 0 0 The notification is recorded in the detainee's file; and performs these functions. • . . .. .. • When the A Pile is not available, notification is noted within DACS Notification includes the reason for the transfer and the location of the ~ 0 0 new facili!y. An interview with Mr b6, b7c The deportation officer is allowed discretion regarding the timing of the notification when extenuating circumstances are involved. Deportation Officer, indicated ~ 0 0 ICE FO stafffollows this process. The attorney and detainee are notified that it is their responsibility to ~ 0 0 notify family members regarding a transfer. Facility policy mandates that: • Times and transfer plans are never discussed with the detainee prior to transfer; The detainee is not notified of the transfer until immediately 0 0 ~ • prior to departing the facility; and • The detainee is not permitted to make any phone calls or have contact with any detainee in the general population. The detainee is provided with a completed Detainee Transfer Notification ~ 0 0 Form. Equivalent forms (1-216) are Form G-391 or equivalent authorizing the removal of a detainee from a ~ 0 0 used. facility is used. For medical transfers: • The Detainee Immigration Health Service (or IGSA) (DIHS) Medical Director or designee approves the transfer; Medical transfers are completed Medical transfers are coordinated through the local ICE office; 0 0 ~ • by ICE staff. and • A medical transfer summary is completed and accompanies the detainee. Detainees in ICE facilities having DIHS staff and medical care are transferred with a completed transfer summary sheet in a sealed envelope 0 0 ~ with the detainee's name and A-number, and the envelope is marked Medical Confidential. For medical transfers, transporting officers receive instructions regarding 0 0 ~ medical issues. Detainee's funds, valuables, and property are returned and transferred ~ 0 0 with the detainee to hislher new location. Transfer and documentary procedures outlined in Section C and D are ~ 0 0 followed. Meals are provided when transfers occur during normally schedule meal ~ 0 0 times. An A File or work folder accompanies the detainee when transferred to a A Files are handled by the Field ~ 0 0 Office. different field office or sub-office.

Page 38 of39 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07)

DETAINEE TRANSFER STANDARD POLICY: ICE WILL MAKE ALL NECESSARY NOTIFICATIONS WHEN ADETAINEE IS TRANSFERRED. IF ADETAINEE IS BEING TRANSFERRED VIA THE JUSTICE PRISONER ALIEN TRANSPORTATION SYSTEM (JPATS), ICE WILL ADHERE TO JPATS PROTOCOLS. IN DECIDING WHETHER TO· TRANSFER A DETAINEE, ICE WILL TAKEINTOCONSIDERATION WHETHER THE j)ETAINEE IS REPRESENTED BEFORE THE IMMIGRATION COURT, IN SUCH CASES, THE FIELD OFFICE DIRECTOR WILL CONSIDER THE DETAINEE'S STAGE WITHIN THE REMOVAL PROCESS, WHETHER THE DETAINEE'S ATTORNEY IS LOCATED WITHIN REASONABLE DRIVING DISTANCE OF THE FACILITY, AND WHERE THE IMMIGRATION COURT PROCEEDINGS ARE TAKING PLACE. NA COMPONENTS Y REMARKS N Files are forwarded to the receiving office via overnight mail no later than one business day following the transfer. 0 1ZI 0

r8J ACCEPTABLE

. .

..

DDEFICIENT

. D AT-RISK

.0

REPEAT FINDING

. .

REMARKS: Most detainees are only housed at Alhambra for less than 24 hours so ICE Field Office staff administers the components of this standard. Mr b6, b7c DDO, indicated in a telephone interview that Field Office staff coordinates movement of detainees and the handling of all file information.

b6, b7c

Y SIGNATURElDA~~fr

July 9, 2008

AUDITOR'S

b6, b7c

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One Newark Center, 16th Floor Newark, New Jersey 07101-3174 Tel: (973) 639-1234 Fax: (973) 639-7298 www.lw.com FIRM / AFFILIATE OFFICES Brussels New

York

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County

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Valley

Moscow Singapore Munich Toky

MEMORANDUM

New Jersey

o Washington, D.C.

August 11, 2006 To: From: File no: Copy to: Subject:

John P. Torres, Director, Office of Detention and Removal, Immigration and Customs Enforcement American Bar Association Delegation to Hudson County Jail (IGSA) in New Jersey1 502130-0027 (b)(6) , American Bar Association Commission on Immigration Report on Observational Tour of the Hudson County Jail, Kearny, N.J.

I. Introductio

n

This m emorandum evaluates and summ arizes our delegation’s findings regarding the Hudson County Jail—an Intergovernmental Service Agreement facility in Kearny, New Jersey . The information contained in this report was gath ered during our tour of the facility, and by way of interviews with detainees and facility staff on July 26, 2006. The Imm igration and Naturalizati on Service (INS) prom ulgated the “ INS Dete ntion Standards” (“Standards”) in November 2000 to ensure the “safe, secure and hum ane treatment of individuals detained by the INS.” The 38 Standards contained in the Detentio n Operations Manual cover a broad spectrum of issues ra nging from visitation policies to grievance procedures and food service. These standards apply to Servi ce P rocessing Centers (“SPCs”), Contract Detention Facilities (“ CDF”), and state and local governm ent facilities used through Intergovernmental Service Agreements (“IGSA”). The Detention Standards went into effect on January 1, 2001, and were to have been im plemented at each facility by January 2003. The Standards constitute a “floor” not a “ceiling” for treatment of detainees. In other words, they are meant to establish the m inimal requirem ents that ICE m ust adher e to in the ope ration of its facilities. Each Field Off ice or Of ficer in Ch arge ( “OIC”) of a f acility m ay, in his or he r discretion, promulgate policies and practices affording detainees more rights and protections than those provided for by the Standards. 1

The delegation was comprised of Latham & Watkins LLP attorney (b)(6)

NJ\127499.3

(b)(6)

, and summer associates

Overall, the delegation f ound that the Hudson County Jail failed to adequately demonstrate that it meets the Standards. II. General On the date of our visit, the facility had approxim ately 1,912 inm ates. Officer (b)(6), (b)(7)c ”) served as our guide and inform ed us that there were approximately 210-250 ICE detainees. 2 Of these ICE detainees, fewer than 30 were wom en.3 ICE pays the facility either $78 or $80 per detainee per day. 4 W hen asked about the dom inant detainee country of origin, Officer (b)(6), (b)(7)c indicated there was no dominant country, but rather a “big mix.”5 The average length of stay for detain ees is three months or less, but Officer (b)(6), (b)(7)c explained that some stay longer due to pending court matters such as appeals.6 b6,b7c

III.

Legal Access: Visitation by Attorneys A.

Hours of Access

According to the Standards, legal visitation should be allo wed seven days a week for a 7 minimum of eight hours on weekdays and four hours on the weekends. The f acility m ust provide notice of visitation rules in the de tainee handbook, and post the rules and hours where detainees may easily see them.8 HCJ does not appear to meet this section of the Standards: attorney visitation hours during the week fall short of the required eight hours; attorney access during the weekends may be denied; and two detainees stated they had not received a handbook or notice of the (b)(6), (b)(7)c attorney v isitation policy. Lieu tenant ”) infor med the delegation that attorney visitation hours ar e as follows: Monday – F riday 9 a.m. - 1 p.m . and 6 p.m. – 9 p.m.; Saturdays and Sundays 9 a.m . – 12 p. m., 1 p.m . – 2 p.m., and 6 p.m. – 9 p.m. 9 Based on this inform ation, legal visitation is only perm itted for seven hours a day on weekdays, which falls one hour short of the Standards, whereas on weekends the attorney visitation policy allows for seven hours of visitation per day, which exceeds the Standards. However, one detainee informed the delegation that an officer at the facility told him attorney visitation on the weekends

2

Notes of delegation member

3

Notes of delegation member

4

Notes of delegation member

5

Notes of delegation member

6

Notes of delegation member

on conversation with Officer C (b)(6)

on conversation with Officer C on conversation with Officer C(b)(6), (b)(7)c on conversation with Officer

(b)(6)

on conversation with Officer

7

Detention Operations Manual (DOM) Detainee Services Standard 17, Section III.I.2.

8

DOM Detainee Services Standard 17, Section III.B.

9

2

Notes of delegation member

NJ\127499.3

(b)(6)

on conversation with Officer

(b)(6), (b)(7)c

was not permitted.10 This detainee, along with another detainee in a separate interview, had both heard about an attorney who came to the facility on a Sunday to meet with a client for a Monday court hearing, but was not permitted access.11 All detainees apparently do not receive the detainee handbook: two detainees stated that they had never received the de tainee handbook or a docum ent explaining the attorney visitation policy.12 However, a third detainee indicated that he did receive a detainee handbook.13 B.

Access to Attorneys and Legal Representatives

According to the Standards, attorneys without Bar cards m ust be gran ted access if they show other available docum entation.14 Addition ally, the Standards allo w an unaccom panied legal assistant to meet with the detainee during legal visitation hours upon presentation of a letter of authorization from the legal representative under whose supervision he or she is working.15 Hudson County Jail appears to meet this section of the Standards. Officer (b)(6), (b)(7)c stated that Bar cards are required f or admittance, but if a v isitor’s state does not iss ue them, he can obtain prior approval for the visitor.16 He also indicated that attorneys do not need to call the jail prio r to their v isit.17 Paralega ls m ay visit detain ees, a s well as a ny interp reters, when accompanied by an attorney or legal assistant.18 C.

Privacy

According to the Standards, an attorney or leg al representative must be provided with a private room to conduct a m eeting with possible visual, but no audio, observation. 19 Attorneys, legal representatives, law student s and legal assistan ts sho uld be able to provide the detainee with paper documents, and the detainee should have the right to retain or have reasonable access to them.20

10 11

Notes of delegation member Notes of delegation member (“Detainee (b)(6), (b)(7)c .

12 (b)(6)

(b)(6)

on conversation with Detainee , on conversation with Detainee

(b)(6) gation member , on conversation with Detainee (b)(6), (b)(7)c on conversation with Detainee

13

Notes of delegation member

14

DOM Detainee Services Standard 17, Section III.I.4.

15

DOM Detainee Services Standard 17, Section III.I.3.

16

Notes of delegation member

17

Notes of delegation member

18

Notes of delegation member

19

DOM Detainee Services Standard 17, Section III.I.9.

20

DOM Detainee Services Standard 17, Section III.I.10.

3

NJ\127499.3

(b)(6), (b)(7)c

(b)(6)

, on conversation with Detainee

(b)(6), (b)(7)c

(b)(6), (b)(7)c

(b)(6), (b)(7)c

on conversation with Officer (b)(6)

, on conversation with Office (b)(6), (b)(7)c on conversation with Officer

notes of delegation member

HCJ meets this sectio n of the Standards. The facility has six attorn ey room s and an additional “large room ” available for attorney visits. 21 Lt. (b)(6), (b)(7)c told us that the attorne y visitation room s are observed visually by the guards, but that the guards cannot hear the conversations.22 One deta inee had an attorn ey visit and indic ated th at it was held in a priva te room with no one else present. 23 This sam e detaine e was able to r etain docum ents that were provided by his attorney.24 IV.

Legal Access: Telephones

A.

General Requirements

The Standards provide that facilities shall perm it detainees to have reasonable and equitable access to telephones. 25 Facilities m ust provide at least one telephone for every 25 detainees.26 The Standards provide that the facility shall m aintain detainee telephones in proper working order and that staff sha ll inspect the telephones regularly. 27 The Standards also s tate that the facility m ust post the teleph one acces s ru les where detain ees ca n easily see them and provide the detainees a written copy of the telephone access rules upon arrival.28 HDJ does not fully meet this section of the Standards: there are no telephone access rules posted. The telephone service provider at the Hudson County facility is GTL. 29 There are six phones in each housing unit or “pod,” in a public area. 30 There are an additional two phones in the hallway,31 but it is unclear whether the detainees can use the phones in the hall. Of the six phones in the housing unit, five were functional. 32 The m aximum capacity in a housing unit is approximately sixty people; therefore, the one telephone per twenty-five detainees requirement under the Standards is met.

21

Notes of delegation member

22

Notes of delegation member

23

Notes of delegation member

24

Notes of delegation member

, on conversation with Officer (b)(6), (b)(7)c (b)(6)

on conversation with Lt.(b)(6), (b)(7)c , on conversation with Detaine

(b)(6)

on conversation with Detainee

25

DOM Detainee Services Standard 16, Sections I & III.A.

26

DOM Detainee Services Standard 16, Section III.C.

27

DOM Detainee Services Standard 16, Section III.D.

28

DOM Detainee Services Standard 16, Section III.B.

29

Observation of delegation leader

30

Observations of delegation membe

(b)(6)

31

Observations of delegation membe unit.

32

Observation of delegation member

4

NJ\127499.3

(b)(6), (b)(7)c

(b)(6)

The new facility also contained six phones in each housing

Lt. (b)(6), (b)(7)c seemed unsure of the procedur e for fixing a non-f unctional phone, but he did (b)(6), (b)(7)c state that the staff responds to complaints as they arise. 33 According to Detainee s (b)(6), (b)(7)c (“Detainee the phones are usually in working order and they do not have problems.34 The delegation observed that there were no postings regarding the telephone access rules in English or any other language. 35 Detainee (b)(6), (b)(7)c stated that he had never received a handbook or any other written ru les regarding telephone access. 36 He stated that to use th e phone he sought assistance from another detainee.37 B.

Direct Calls and Free Calls

The Standards provide that detainees should be able to make free calls to consular offices and to the ICE-provided list of fr ee legal service providers; they should be able to m ake direct calls to local courts and governm ent offices, a nd to fa mily members in personal emergencies. 38 In addition, the facility shall Detainees in the Special Management Unit for disciplinary reasons shall be permitted to make direct and/or free calls, except under compelling security conditions.39 HCJ does not meet th is section of the Standards: detainees apparently do not have access to th e list of free lega l service providers; one detai nee reported difficulties reaching consulates; and one detainee reported that he was denied telephone access for 11 days while he was in disciplinary segregation. When using the phone, detainees can m ake collect calls or purchase a phone card. 40 According to Lt. (b)(6), (b)(7)c phone car ds are generally used to place international phone calls.41 The estimated cost of a phone card is $27.50 for 15 “units.”42 The delegation observed that a consulate list was posted near the phones, and it appeared that the phones were pre-programmed to al low free phones calls to consular offices. 43 Detainee 33

Notes of delegation member

34

on conversation with

(b)(6)

(b)(6), (b)(7)c

(b)(6), (b)(7)c Notes of delegation member on conversations with Detainee (b)(6), (b)(7)c (b)(6) P notes of delegation member on conversation with Detainee (b)(6), (b)(7)c and Detainee (b)(6), (b)(7)c

35

Observation of delegation member

36

Notes of delegation member

(b)(6)

on conversation with Detainee

(b)(6)

37

Notes of delegation member

38

DOM Detainee Services Standard 16, Section III.E.

39

on conversation with Detainee

(b)(6), (b)(7)c

DOM Detainee Services Standard 16, Section III.G.

40

Notes of delegation member

41

Notes of delegation member

42

Notes of delegation member on conversation with Lt. did not know how (b)(6), (b)(7)c much time a “unit” is. Detainee ) informed the delegation that he had been unable to speak with his family in Nigeria because Nigeria did not accept collect calls, and he could not afford to purchase a phone card. Notes of delegation member on conversation with Detainee (b)(6), (b)(7)c (b)(6)

43

Observation of delegation member

5

NJ\127499.3

on conversation with Lt. on conversation with Lt.

(b)(6)

(b)(6)

(b)(6), (b)(7)c

s tated that co nsulate calls are free. 44 Detainee (b)(6), (b)(7)c stated that it was dif ficult to connect to certain consulates, and told the dele gation tha t he had co mplained ab out ca lls to consulates not working approximately three months prior to our visit, but to date the problem had not been fixed.45 Detainee (b)(6), (b)(7)c said he was successful at calling the consulate in Trinidad.46 (b)(6), (b)(7)c

Outside of this provision for consulates , however, there was no procedure posted for detainees to m ake phone calls with no charge. 47 There was also no list of free (pro-bono) legal service providers posted near the phones. 48 L t. (b)(6), (b)(7)c stated that fo r a detainee to contact any legal representative, the detainee must request permission from the on-site social w orker.49 Lt. (b)(6), (b)(7)c explained that the social worker would d ial the number to ensur e that call w as in fact to an atto rney or legal rep resentative.50 The deta inee would th en be perm itted to spea k with th e legal representative. 51 Detainee (b)(6), (b)(7)c reported that he ha d tried to p lace a call to an attorney but was unsuccessful because the so cial worker required the na me and nu mber of t he attorney, and Detaine e (b)(6), (b)(7)c did not have this inf ormation.52 This is to be anticip ated given tha t Detainee (b)(6), (b)(7)cwas never provided with a list of pro-bono attorneys.53 Lt. (b)(6), (b)(7)c stated that deta inees in disciplinary segrega tion are allowed the sam e phone privileges as other detainees.54 However, Deta inee (b)(6), (b)(7)c stated that du ring his f irst 11 days in the facility he was kept in disciplinary segregation and denied telephone access altogether.55 C.

Telephone Access to Legal Representatives

The Standards provide that the f acility shall not lim it the number of calls that de tainees place to their legal representatives. 56 If tim e limits are necess ary, they must be no shorter th an 20 m inutes.57 The Standards require that the faci lity ensure privacy fo r detainees’ telephone calls regarding legal m atters, and that calls shal l not be electronically m onitored absent a court

44

Notes of delegation member

45

Notes of delegation member

on conversation with Detai

(b)(6)

(b)(6)

on conversation with Detainee

(b)(6), (b)(7)c

46

Notes of delegation member

47

Observation of delegation member

48

Observation of delegation member

49

Notes of delegation member

on conversation with

50

Notes of delegation member

on conversation with

51

Notes of delegation member

on conversation with

52

Notes of delegation member

53

Notes of delegation member

on conversation with Detainee

54

Notes of delegation member

on conversation with

55

Notes of delegation member

on conversation with Detainee

56

DOM Detainee Services Standard 16, Section III.F.

57

DOM Detainee Services Standard 16, Section III.F.

6

NJ\127499.3

on conversation with Detainee (b)(6)

(b)(6)

(b)(6), (b)(7)c

on conversation with Detainee (b)(6), (b)(7)c (b)(6), (b)(7)c

order.58 If calls are m onitored, notification shall be given to detainees in the handbook and also at each m onitored telephone. 59 The f acility must also notif y detainee s of the procedure f or obtaining an unmonitored call to a court or legal representative.60 HCJ does not mee t t his sec tion of the Standards: telephone calls are generally limited to 1 5 minutes per call; and it is unclear whether calls are mo nitored. Although no time limit was posted, Lt. (b)(6), (b)(7)cstated that generally phones calls are lim ited to fifteen minutes per call.61 The detainee handbook states th at “[t]ime limits will be m onitored and [the] call wi ll be terminated automatically if [the detainee] exceed[s] the time limit.”62 There is no limit on the amount of calls a detainee may place in a day. 63 Detainee (b)(6), (b)(7)c confirmed that phones could be used during the tim es when detainees are not in lock down (i.e., 8:30 a.m . to 2: 30 p.m., or 4:30 p.m. to 10:30 p.m.)64 Generally phone calls are made from the pay phones located within the housing unit, in a large, open area that is noisy and not conducive to private calls. 65 Detainee (b)(6), (b)(7)c stated that he is discouraged from making phone calls because it is difficult to hear the party on the other lin e due to the noise of the housing unit. 66 As indicated above, a social worker will place calls to a legal representative in a privat e area, though it is unclear whether the social worker rem ains present during the phone call.67 Lt. (b)(6), (b)(7)c stated that the faci lity does not m onitor phone calls. 68 However, Detainee (b)(6), (b)(7)c stated that when m aking a phone call, an announcement is made to the receiving party that the conversation may be monitored or recorded. 69 There is no notice regarding monitoring posted near the telephones.70 D.

Incoming Calls and Messages

58

DOM Detainee Services Standard 16, Section III.J.

59

DOM Detainee Services Standard 16, Section III.K.

60

DOM Detainee Services Standard 16, Section III.K.

61

Notes of delegation member

62

Hudson County Department of Corrections: English I.C.E. Detainee Handbook (issued 06/05), at page 3.

63

Notes of delegation member

64

Notes of delegation member

65

Observation of delegation member

66

Notes of delegation member

67

Notes of delegation member

68

Notes of delegation member

69

Notes of delegation member

70

Observation of delegation member

7

NJ\127499.3

on conversation with Lt. (b)(6), (b)(7)c

(b)(6)

on conversation with Lt. (b)(6), (b)(7)c

(b)(6)

on conversation with Detainee (b)(6), (b)(7)c

(b)(6)

on conversation with Detainee on conversation with Lt.

(b)(6)

on conversation with Lt.

(b)(6), (b)(7)c

on conversation with Detainee (b)(6)

(b)(6), (b)(7)c

The Standards state that a facility sh all take and deliver telephone m essages to detainees as promptly as possible.71 HCJ does not mee t t his sec tion of the Standards: there are no non-emergency messages taken by the facility. According to L t. (b)(6), (b)(7)c no messages from attorneys are taken or delivered to detainees. 72 Lt. (b)(6), (b)(7)cstated that detainees cannot take incom ing calls and that there is no system for delivering m essages, unless the message is an em ergency.73 Lt. (b)(6), (b)(7)c explained th at an em ergency cons tituted a d eath or serious health issu e of a f amily m ember.74 Detainee (b)(6), (b)(7)c als o stated th at deta inees never receive m essages unless there is an emergency.75 V.

Access to Legal Material A. Library

Access

The Standards provide that facilities shall perm it detainees access to a la w library for at least five hours per week. 76 The Standards also s tate that d etainees housed in adm inistrative or disciplinary segregation shall have law library access.77 The Standards provide that the Detainee Handbook shall outline for the d etainees with the rules and procedures governing access to legal materials, including the scheduled hours of visitation to the library and procedure for requesting access.78 HCJ does not fully meet this s ection of the Standard: the Detainee Handbook does not include hours of visitation. In addition , staff and detainee reports differed on other requirements: although staff indi cated that detainees may access th e library for five hours per w eek, one detainee stated th at detain ees have only tw o hours of library access per week, and that his req uest for additional time was denied. This detainee also stated that h e did not have access to the law library fo r 11 days w hile he w as in s egregation. Lt. (b)(6), (b)(7)c told the delegation that the detainees were provi ded with at least five hours of access per week, consistent with the Detainee Ha ndbook; however, Lt. (b)(6), (b)(7)c did not know the days or tim es of detainee vis itation to th e law lib rary.79 Library personnel were al so unaware of designated library access tim es for the detainees. 80 Detainee (b)(6), (b)(7)c stated that detainees cou ld visit the 71

DOM Detainee Services Standard 16, Section III.I.

72

Notes of delegation member

73

Notes of delegation member

on conversation with Lt. (b)(6)

on conversation with Lt.

(b)(6), (b)(7)c

74

Notes of delegation member

75

Notes of delegation member

76

DOM Detainee Services Standard 1, Section III.G.

77

DOM Security and Control Standard 13, Section III.D.18, and Standard 14, Section III.D.15.

78

DOM Detainee Services Standard 1, Section III.Q.

79

Notes of delegation member

80

Notes of delegation member

8

NJ\127499.3

on conversation with Lt. on conversation with Detainee

(b)(6)

(b)(6), (b)(7)c

on conversation with Lt (b)(6), (b)(7)c Detainee Handbook at 6. on conversation with library personnel.

library on Wednesdays and Fridays, however he was unaware of the visitation times.81 Detainee (b)(6), (b)(7)c also stated tha t detainees were permitted in the lib rary on W ednesdays and F ridays, and noted that the library hours we re from 1:30 p.m. to 2:30 p.m .82 Thus, according to Detainee 83 (b)(6), (b)(7)c there are only two hours of detainee library tim e per week. Detainee (b)(6), (b)(7)cindicated he had requested additional library time and his request was denied without justification.84 Detainee (b)(6), (b)(7)c stated upon arrival to H udson County, he was pl aced in di sciplinary segregation for 11 days. 85 During this tim e, he was not perm itted to use the law libra ry.86 (b)(6), (b)(7)c Deportation Officer ”) indicated that detainees are not restricted in their access to the law library. The Detainee Handbook indicates hours of libra ry operation, but it do es not indicate the scheduled hours of detainee access to the library.88 The Detainee Handbook states: The Law Library will opera te from 0830 hrs – 1530 hrs with all ICE Units guaranteed five hours per week. The facility offers a library/law library for your reading pleasure and legal reference. Legal material cannot be taken out of the library. Sign-up sheets are posted in each dorm daily. You will be calle d from the list. Any book not in the facility library can be requested through Info Link Library Services (hour s of operation for both Library/Law Library is posted in each dorm).89 Although the handbook states that sign-up sheets are posted in each dorm, the delegation did not observe any sign-up sheets posted in the housing un it, and detainees did not indicate that this procedure was used.90 B. Library

Conditions

The Standards provide that the law libr ary be in a design ated room with sufficient sp ace to facilitate detainees’ legal research and writing .91 The Standards also provide that the library

81

Notes of delegation member

on conversation with Detainee

82

Notes of delegation member

on conversation with Detainee

83

Notes of delegation member

on conversation with Detainee

84

Notes of delegation member

85

Notes of delegation member

on conversation with Detainee

86

Notes of delegation member

on conversation with Detainee

87

Notes of delegation member

on conversation with Deportation Officer

88

Hudson County Department of Corrections: English ICE Detainee Handbook (issued 06/05, “Detainee Handbook”), at 6.

89

Detainee Handbook, at 6.

90

Observations of delegation members

91

DOM Detainee Services Standard 1, Section III.A.

9

NJ\127499.3

(b)(6)

on conversation with Detainee

(b)(6)

(b)(6), (b)(7)c

(b)(6), (b)(7)c

should be in a well-lit and reasonably isolated room and contain a sufficient num ber of chairs and tables to accommodate access to all detainees who request its use.92 HCJ appears to meet this sectio n of the Standards. The Hudson County facility provided a law library in a separate, designated room .93 The library contained six tables, with approximately four to fi ve chairs at each table. 94 The room was well- lit for reading p urposes.95 The room was reasonably isolated from noisy areas.96 The law library contained five com puters. 97 However, due to the rushed nature of the library visit, the delegation was unable to confirm the functionality of each unit. Officer (b)(6), (b)(7)c indicated that LexisNexis software was to be in stalled on the library computers.98 Additionally, the recreation area co ntained two com puters accessib le by detain ees that co ntained the s using the com puters, therefore LexisNexis software. 99 The delegation observed detainee 100 indicating their functionality. Detainee (b)(6), (b)(7)c stated tha t the re is o nly one typ ewriter f or detainees to use.101 C. Legal

Materials

The Standards provide that each fac ility libr ary sha ll c ontain a designated list of materials found in Attachm ent A of the Standard “Access to Legal Materials.” 102 Addition ally, the Standards provide that the library pos t a listing of its holdings. 103 Detainees m ay make requests for additional legal materials, which shall be passed along to ICE; requests for copies of court decisions will norm ally be available within three business days. 104 The Standards provide that the facility shall desi gnate an em ployee with the re sponsibility for updating legal 105 materials. The designated e mployee should make weekly inspections and maintain the library in good working condition. 106 Finally, the Standards require that the facility permit detainees to 92

DOM Detainee Services Standard 1, Section III.A.

93

Observation of delegation member

94

Observation of delegation member

95

Observation of delegation member

96

Observation of delegation member

97

Observation of delegation member

98

Notes of delegation member

99

Observation of delegation member

(b)(6)

on conversation with Officer

(b)(6)

(b)(6)

100

Observation of delegation member

101

Notes of delegation member

102

DOM Detainee Services Standard 1, Section III.C.

103

DOM Detainee Services Standard 1, Section III.C.

104

DOM Detainee Services Standard 1, Section III.I.

105

DOM Detainee Services Standard 1, Section III.E.

106

DOM Detainee Services Standard 1, Section III.E.

10

NJ\127499.3

(b)(6)

(b)(6), (b)(7)c

on conversation with Detainee

(b)(6), (b)(7)c

retain all pe rsonal lega l m aterial, u nless such m aterial creates a s afety, s ecurity, or sanitation hazard.107 HCJ does not fully meet this s ection o f the Standard: althoug h legal ma terials appear to be available at least on some of the computers, detainees who are not compute r literate are unable to make use o f them, and th e library was missing hard copies of severa l materials. In additio n, a list o f library ho ldings w as not posted, and detainees do not appear to b e able to re quest additional materials. The library at the Hudson County Jail did not have a list of its law library holdings posted, and upon request by th e delegation was unable to produce a list. 108 Furthermore, the delegation’s first attempt to confirm the list of materials in (b)(6), (b)(7)c Attachment A was met with resi stance by Lt. who stated that going 109 through the list of materials was too time-consuming. The delegates were, however, permitted to return to the library after jail personnel prepared a display of immigration-related materials.110 Additionally, only the first page of Attachm ent A is include d in the Handbook; the rem aining five pages were omitted.111 The following are the m aterials visually c onfirmed by the delegation as being in the library; the m aterials w ere lo cated behind the libr arian’s d esk or in an anteroom accessib le only by library personnel: 112

• • • • • •

US Constitution; United States Code, Title 8; Code of Federal Regulations, Title 8; Bender’s Immigration and Nationality Act Service; Bender’s INS Regulations Service; Black’s Law Dictionary.113

The following is a list of materials library staff indicated the library contained, although these were not visually confirmed by the delegation: • • • • •

Spanish-English Law Dictionary; Other Translation Dictionaries (French, Arabic); Administrative Decisions Under Immigration and Nationality Laws; Rights of Prisoners; Federal Civil Judicial Procedure and Rules;

107

DOM Detainee Services Standard 1, Section III.K.

108

Observation of delegation member

109

Notes of delegation member

110

Observation of delegation member

111

Detainee Handbook.

112

Observation of delegation member

113

Observation of delegation member

11

NJ\127499.3

(b)(6)

on conversation with Lt.

(b)(6)

(b)(6)

(b)(6)

(b)(6), (b)(7)c

• • •

Federal Habeas Corpus, Practice and Procedure; Federal Criminal Code and Rules; Criminal Procedure Handbook.114 The following materials from Attachment A were confirmed as absent from the library:

• • • • • • • • • • • • • •

Detainee Handbook and Detainee Orientation Materials; Immigration Law and Defense, by the National Lawyers Guild; Immigration Law and Crimes, by the National Immigration Project of the National Lawyers Guild; Guide for Immigration Advocates; Country Reports on Human Rights Practices; Human Rights Watch-World Report; UNHCR Handbook on Procedures and Criteria for Determining Refugee Status; Considerations for Asylum Officers Adjudicating Asylum Claims from Women; Immigration and Naturalization Service Basic Law Manual; Lawyer’s Committee Handbook on Representing Asylum Applicants ; Legal Research in a Nutshell; Legal Research & Writing: Some Starting Points; Directory of Nonprofit Agencies that Assist Persons in Immigration Matters; Self-Help Materials.115

The delegation observed that there was no designated em ployee to review and update legal materials.116 Officer (b)(6), (b)(7)cstated that all the materials were up to da te; he seemed to rely on the periodic Lexis disk updates as evidence of this. 117 Officer (b)(6), (b)(7)c informed the delegation that Lexis provided the facility with updates every few months.118 Officer (b)(6), (b)(7)c noted that the Lexis software provided all materials that detainees would need that were not in hard copy in the library;119 however, the Lexis materials would not include the HCJ Detainee Handbook. Detainee (b)(6), (b)(7)c stated that he has not re quested any additional legal m aterials because he found the Lexis disks were adequate for his purposes, 120 and Detainee (b)(6), (b)(7)c felt that th e library was useful for re searching immigration cases. 121 Deta inee (b)(6), (b)(7)c noted that the lib rary

114

Observation of delegation member

115

Observation of delegation member

116

Observation of delegation member

117

Notes of delegation member

118

Notes of delegation member

119

Notes of delegation member

120

Notes of delegation member

121

Notes of delegation member

12

NJ\127499.3

(b)(6)

on observation and conversation with Officer (b)(6)

on conversation with Officer on conversation with Officer

(b)(6), (b)(7)c

on conversation with Detainee (b)(6)

on conversation with Detainee

(b)(6), (b)(7)c

(b)(6), (b)(7)c

(b)(6), (b)(7)c

did not provide m any immigration sources. 122 Detainee (b)(6), (b)(7)c used the books in the library, but stated that it did not contain all of the Board of I mmigration Appeals decisions. 123 Only computer literate detainees are ab le to access information on the computers.124 Detainee (b)(6), (b)(7)c stated that many of the detainees do not know how to use the com puters.125 Addition ally, there is no training or staff member to provide instruction and/or assistance on computer usage.126 Detainee (b)(6), (b)(7)c s tated that he was able to retain his personal leg al m aterials.127 In addition, the delegation noted that during Detainee (b)(6), (b)(7)c interview, he had possession of his personal legal material.128 This Standard is met. D.

Photocopies & Mail Supplies

The Standards provide that facilities m ust m ake copies of detainees’ legal do cuments when such copies are reasonable an d necessary for a legal proceeding involving the detainee. 129 The Standards also indicate that facilities must provide detainees with envelopes and stam ps for mail related to legal matters.130 HCJ substantially meet s this sect ion of the Standard; however, the co py machine is apparently often broken. A copy m achine in working order was located in the law library. 131 A code is required to use the copy machine,132 and jail personnel m ake copies on behalf of the detainees.133 Detainee (b)(6), (b)(7)c stated that he was able to obtain copies of legal m aterial free of charge.134 In addition, he noted that he could pr int for free from the computers with Lexis. 135 Detainee (b)(6), (b)(7)c said that he ha d no problem s with obtaining copies. 136 However, Detainees (b)(6), (b)(7)c stated that the machine is usually broken.137 122

Notes of delegation member

on conversation with Detainee

(b)(6)

(b)(6), (b)(7)c

123

Notes of delegation member

124

Notes of delegation member

125

Notes of delegation member

126

Notes of delegation member

127

Notes of delegation member

128

Notes of delegation member

129

DOM Detainee Services Standard 1, Section III.J.

130

DOM Detainee Services Standard 1, Section III.N.

131

Observation of delegation member

132

Observation of delegation member

133

Notes of delegation member

134

Notes of delegation member

135

Notes of delegation member

136

Notes of delegation member

137

(b)(6) Notes of delegation member , on conversation with Detainee(b)(6), (b)(7)cnotes of delegation (b)(6), (b)(7)c member on conversations with Detainee (b)(6)

13

NJ\127499.3

on conversation with Detainee

on conversations with detainees.

(b)(6) (b)(6)

on conversation with Detainee

(b)(6), (b)(7)c

on observation and conversation with Detainee on conversation with Detainee

(b)(6)

on conversation with Detainee

(b)(6), (b)(7)c

(b)(6), (b)(7)c

(b)(6)

on conversation with officer and library personnel. (b)(6)

on conversation with Detainee on conversation with Detainee

(b)(6)

on conversation with Detainee

(b)(6), (b)(7)c

(b)(6), (b)(7)c

Lt. (b)(6), (b)(7)c s tated th at the Hudson County facility prov ides the neces sary stam ps and envelopes to indigent detainees free of charge. 138 Detainee (b)(6), (b)(7)c stated that detainees could send legal materials for free if they were without funds to do so.139 Detainee (b)(6), (b)(7)c stated that a lot of detainees go to the libra ry to get f ree envelopes and that he has never had a proble m getting stamps.140 E. Detainee

Assistance

The Standards provide that detainees may assist one another in researching and preparing legal documents; however, no d etainee shall b e a llowed to charge a fee or accept anything of value for as sistance.141 The Standards provide that a f acility shall establish procedures to assis t unrepresented, illiterate, or non- English speaking deta inees who wish to pursue a legal claim related to th eir imm igration proceed ings or dete ntion, and must provid e them with m ore than access to a set of English-language law books.142 The Standards suggest two procedures to meet this obligation: 1) helping the detainee obtain assistance in using the lib rary and d rafting legal documents with appropriate language and reading-wr iting abilities; and 2) assisting detainees in contacting pro bono legal assistance organizations.143 HCJ does not fully meet this section of the Standard: there do not appear to be legal materials in languages other th an English, and non–English speaking detainees have difficulty. Lt. (b)(6), (b)(7)c stated that d etainees frequently ass ist each o ther in leg al research an d preparation of legal m aterials.144 He a lso stated that detainees were not pe rmitted to charge for such assistance.145 Detainee (b)(6), (b)(7)c informed the delegation that he assists other detainees free of charge. 146 Detainee (b)(6), (b)(7)c also helps some of the oth er detainees do research on Lexis. 147 Detainee (b)(6), (b)(7)c stated that he did research in the library and th at a fellow detainee helped him translate the material.148 Detainee (b)(6), (b)(7)c had never been as sisted by a fellow detainee, nor was he aware that detainees were permitted to provide assistance to each other.149

138

Notes of delegation member

(b)(6)

on conversation with Lt.

139

Notes of delegation member

140

Notes of delegation member

141

DOM Detainee Services Standard 1, Section III.K.

142

DOM Detainee Services Standard 1, Section III.L.

143

DOM Detainee Services Standard 1, Section III.L.

144

Notes of delegation member

145

Notes of delegation member

146

Notes of delegation member

147

Notes of delegation member

148

Notes of delegation member

149

Notes of delegation member

14

NJ\127499.3

on conversation with Detainee on conversation with Detainee

(b)(6)

on conversation with Lt. (b)(6)

(b)(6), (b)(7)c

on conversation with Lt.

(b)(6), (b)(7)c

(b)(6), (b)(7)c

on conversation with Detainee (b)(6)

(b)(6)

on conversation with Detainee on conversation with Detainee

(b)(6), (b)(7)c

(b)(6), (b)(7)c

(b)(6), (b)(7)c

on conversation with Detainee

(b)(6), (b)(7)c

The delegation observed that the law libra ry did not contain any non-English legal material.150 However, library personnel stated they had a Spanish-English Dictionary. 151 Detainee (b)(6) noted that it is particularly difficult for non-English sp eaking detainees because little or no resources are provided in other languages.152 VI.

Group Presentations on Legal Rights

According to the Standards, a ttorneys and acc redited repr esentatives have th e rig ht to conduct group legal right s presentations in detention facilities. 153 The facility must post informational posters in the housing units 48 hours in advance of a presentation.154 It is unclear whether HCJ meets this Standard: two detainees interviewed were not aware of any of the presentations at HCJ. Lt. (b)(6), (b)(7)cindicated to us that the ACLU had been conducting such presentations approxim ately on ce a m onth since last April, but that the presentations had previously not been as frequent. 155 A sign-u p list is po sted in a common area for detaine es.156 Pa ralegals a nd ot her l egal st aff a re permitted to give presentations, and detainees are permitted to speak pr ivately with presenters a fter the m eeting.157 Interp reters are permitted to assist attorneys and their s taff in communicating with non–English speakin g detainees.158 Lt. (b)(6), (b)(7)cexplained that the only reas on a detainee would be denied the right to attend a group rights presentation would be for disciplinary reasons or if they were in protective custody.159 Only one of the seven detainees that were asked had attended a group rights presentation at the Hudson Country Jail. 160 Two of the detainees had seen group rights presentations at the Middlesex County Jail but stated they had not heard of any such presentations at Hudson County Jail.161

150

Observation of delegation member

151

Notes of delegation member

152

Notes of delegation member

(b)(6) (b)(6) (b)(6)

on conversation with library personnel. on conversation with Detainee

153

DOM Detainee Services Standard 9, Sections I, III.A.

154

DOM Detainee Services Standard 9, Section III.C.

155

Notes of delegation member

on conversation with Lt.

156

Notes of delegation member

on conversation with Lt.

157

Notes of delegation member

on conversation with Lt. (b)(6), (b)(7)c

158

Notes of delegation member

159

Notes of delegation member

on conversation with Lt.

160

Notes of delegation member

on conversation with Detainee

161

Notes of delegation member (“Detainee (b)(6), (b)(7)c ”).

on conversation with Detainees

15

NJ\127499.3

(b)(6)

(b)(6), (b)(7)c

on conversation with Lt.

(b)(6), (b)(7)c (b)(6), (b)(7)c

VII.

Conditions Regarding Other Provisions of the Standards A. Correspondence

The Standards state that incom ing general corr espondence shall be inspected for contraband in the presence of detainees. Incom ing legal m ail can be opened and inspected for contraband in the presence of detainees, but o fficials are n ot perm itted to read o r copy th e correspondence.162 The Standards require that ind igent detainees be p ermitted to send at leas t three pieces of general corresponden ce and five pieces of special correspondence per week, free of charge.163 It is unclea r whether HCJ fully meets this Standard, because it is unclear w hether indigent detainees are permitted to send the required amount of mail free of charge. One detainee stated that officials only opened pe rsonal m ail, and only in the pres ence of the detainee.164 Another detainee stated that officials had opened his legal mail, but that it was in his presence.165 He also stated that the m ail takes a long tim e.166 Another detainee stated that Hudson County Jail sells stamps for more than the United States Postal Service rate of $0.39 per stamp.167 According to Officer (b)(6), (b)(7)c, Hudson County Jail permits indigent detainees (defined as those with less than $3 in their accounts) to send three pieces of mail per week.168 It was unclear whether this was the allowance for general correspondence, legal correspondence, or both. B. Medical

Care

The Standards require that all detainees have access to medical services that promote detainee health and general well-being.169 For detainees who are held in detention for over six months, routine dental care may be provided.170 It is uncle ar whether HCJ fully meets this Standard: detainees indicated that medical and dental ca re are no t adequate. Hudson County Jail provides form s for detainees

162

DOM Detainee Services Standard 3, Sections III.B, E, & F.

163

DOM Detainee Services Standard 3, Sections III.I, and Standard 1, Section III.N.

164

Notes of delegation member

165

Notes of delegation member

166

Notes of delegation member that he had sent a legal letter

167

Notes of delegation member

168

Notes of delegation member

on conversation with Detainee (b)(6)

(b)(6)

on conversation with Detainee

on conversation with Detainee noted d after two weeks with a notice that there was not enough postage. on conversation with Detainee(b)(6), (b)(7)c

(b)(6)

on conversation with Officer (b)(6), (b)(7)c

169

DOM Health Services Standard 2, Section I.

170

DOM Health Services Standard 2, Section III.E.

16

NJ\127499.3

(b)(6), (b)(7)c

which they can f ill o ut to rece ive m edical atten tion.171 Em ergency situations receive an immediate response, with no form required.172 Medical services are provided by Hudson County and Correctional Health Services (CHS).173 The facility has approxim ately six to e ight doctors, 25-30 nurses, and four mental health professionals on site.174 Only one of the detainees we spoke to had required medical (non-dental) attention while at Hudson County Jail; he required treatment for a fungus and s ought medical advice on his diet, as he is a s trict non-dairy vegetarian.175 He stated that he received satisfactory treatment for the fungus but did was not satisfied with the assistance he received with his nutritional concerns. 176 He stated th at he has n ot received sufficient greens, iron, or protein; nor has he received any supplements to compensate for these deficiencies. He also stated he was told that vegetarianism was a privilege, not a right.177 Two detainees indicated that the dental policy was “extraction only,” and as a result, they had lost num erous teeth. 178 A third detain ee ha d seen the dentis t abou t a too thache.179 He indicated that he was s uspicious of the dentistr y at the f acility, howeve r, and the refore did not have the cavity filled, and that ICE would not take him to see an outside dentist.180 C. Detainee

Classification

The Standards require that detention facilities use a classification system and physically separate detainees into different categories.181 High level twos and level threes m ay be housed together, bu t under no circum stances will level two detainees with a history of assaultive behavior be housed with level one detainees.182 It is unclea r whether HCJ meets this Standard, because it is uncle ar whether high and low le vel tw os are appropriately housed. Some inm ates from the county jail are commingled with ICE detainees.183 Inmates at Hudson County Jail are classified by a numerical 171

Notes of delegation member

on conversation with Lt.

172

Notes of delegation member

on conversation with Lt.

173

Notes of delegation member

on conversation with Lt.

174

Notes of delegation member

175

Notes of delegation member

on conversation with Detainee

176

Notes of delegation member

on conversation with Detainee

177

Notes of delegation member

on conversation with Detainee

178

Notes of delegation member

179

Notes of delegation member

180

Notes of delegation member

(b)(6), (b)(7)c

(b)(6)

(b)(6)

(b)(6)

on conversation with Lt.

on conversation with Detainee on conversation with Detainee

DOM Detainee Services Standard 4, Section I.

182

DOM Detainee Services Standard 4, Section III.F. Notes of delegation member

17

NJ\127499.3

(b)(6)

(b)(6), (b)(7)c

on conversation with Detainee

181

183

(b)(6), (b)(7)c

on conversation with Lt.

(b)(6), (b)(7)c

(b)(6), (b)(7)c

system: each inm ate is class ified as a one, two, or three, with on e be ing the lea st violen t and three being the m ost violent. 184 Ones are never housed with thr ees, but twos can be m ixed with either ones or threes.185 D. Detainee

Transfer

The Standards require ICE to notify a detainee’s counsel of record that the detainee is being transferred. 186 Detainees m ay make telepho ne calls upo n arrival at their f inal destination; indigent detainees m ay m ake one dom estic call at government expense. 187 A detain ee’s leg al materials must accompany the detainee to the new facility.188 It is unclear whether HCJ fully meets this Standard: one detainee was not informed he could make a telephone call upon arrival at the facility. Three detainees w e spoke with had been transferred to Hudson County Jail from other detention centers. One of these detainees made a telephone call to his lawyer. 189 Another was not told that he could m ake a phone call upon his arrival at Hudson County Ja il, and did not ask to do so. 190 He stated that h e knew his legal materials had been transferred with him.191 E.

Detainee Handbook

The Standards state th at every facility will d evelop a site-sp ecific detainee handbook to serve as an overview of, and guide to, the detention policies, rules, and procedures in effect at the facility.192 A copy of the detainee handbook shall be provided to detainees upon their arrival.193 It is unclea r w hether HCJ meets this Standard; tw o de tainees sta ted that the y did not receive a copy of the handbook upon their arrival at the facility. Lt. (b)(6), (b)(7)c informed the delegation that every detainee was provided with a handbook upon arrival.194 Although Detainee 195 (b)(6), (b)(7)c confirmed that he received a copy of the handbook upon admission, Detainee (b)(6), (b)(7)c

184 185 186

Notes of delegation member Notes of delegation member

(b)(6)

on conversation with Lt. on conversation with Lt.

DOM Security and Control Standard 4, Section III.A.

187

DOM Security and Control Standard 4, Section III.G.

188

DOM Security and Control Standard 4, Section III.E.

189

Notes of delegation member

190

Notes of delegation member

191

Notes of delegation member

192

DOM Detainee Services Standard 6, Section I.

193

DOM Detainee Services Standard 6, Section I.

194

Notes of delegation member

195

(b)(6), (b)(7)c

Notes of delegation member

18

NJ\127499.3

on conversation with Detainee (b)(6)

on conversation with Detainee

(b)(6), (b)(7)c

on conversation with Detainee

(b)(6)

on conversation with Lt.

(b)(6), (b)(7)c

on conversation with Detainee

(b)(6), (b)(7)c

did not receive a handbook and wa s unaware of its existence. 196 As noted above, Detainee 197 (b)(6), (b)(7)c also indicated he did not receive a handbook. The delegation in itially requested to see 198 a copy of the handbook on f ile at the library. However, as noted a bove, the library did not contain the handbook.199 The delegation requested a copy of the handbook for the delegation, as 200 (b)(6), (b)(7)c. well as a copy for Detainee Copies were provided. However, Officer (b)(6), (b)(7)c interrupted the delegation’s interview with Detainee (b)(6), (b)(7)c to question him as to whether he was being truthful about not receiv ing a handbook. 201 Detainee (b)(6), (b)(7)c adamantly stated that he was being truthful.202 IX. Conclusion Overall, the delegation f ound that the Hudson County Jail failed to adequately demonstrate that it m eets the Standards. The fa cility and ICE should take steps to ensure that detainees’ rights under the Standards are being met. To facilitate access to legal representatives, Hudson County Jail should ensure that attorney visitation hours are adequate and that weekend visits are accommodated. HCJ should also ensure that indigent detainees are able to send the required amount of legal mail, free of charge. Detainees should be provided access to the list of free legal service providers. Detainees should be able to place legal telephone calls in private. Telephone calls should be not be cut off after 15 minutes. HCJ must take telephone messages from legal representatives; without this access, attorneys are only able to contact their clients by mail, which is not sufficient and does not meet the Standards. To facilitate access to legal materials, Hudson County Jail should ensure that materials are updated and available in the library, and that detainees who are not computer literate or who do not speak English receive assistance. Detainees in disciplinary segregation should be provided with access to telephones and to the law library. Hudson County Jail should ensure that all detainees receive a copy of the handbook upon admission, and a copy should be available at the library.

196

Notes of delegation member

197

Notes of delegation member

198

Observation of delegation member

199

Observation of delegation member

200

Observation of delegation member

201

Observation of delegation member

during interview with Detainee

202

Observation of delegation member

during interview with Detainee

19

NJ\127499.3

on conversation with Detainee

(b)(6) (b)(6)

on conversation with Detainee

(b)(6), (b)(7)c

(b)(6), (b)(7)c

(b)(6)

(b)(6), (b)(7)c

(b)(6)

(b)(6)

Facility Name: HUDSON COUNTY JAIL, Kearny, New Jersey Date of Tour: July 26, 2006 Tour Participants: Latham & Watkins LLP attorney and summer associates

*Standards are Detainee Services Standards unless otherwise indicated. Standards excerpts are typed verbatim. Issues are generally listed in their order from the Report. Report comments in bold are priority issues for ICE-ABA discussion. ICE

Two detainees stated that they did not receive a handbook or other notice of the attorney visitation policy. (p.3 ¶2)

ƒ

Legal visitation is only permitted for seven hours a day on weekdays (p.2 ¶4) One detainee stated that an officer at the facility told him attorney visitation on the weekends was not permitted. This detainee and another had heard that an attorney who came to the facility on a Sunday to meet with a client for a Monday court hearing was not permitted access. (p.2 ¶4; p.3 ¶1) There is no list of free legal organizations posted near the phones; and detainees apparently do not have access to the list, but must request a call through a social worker. (p.6 ¶2)

ƒ

ƒ

ABA Commission on Immigration - Detention Standards Implementation Initiative

1

7

Delegation observations; (b)(6), (b)(7)c

ƒ

ICE Response

(b)(6), (b)(7)c

2.

Standard 17, Visitation ƒ III.B. Notification. The facility shall provide written notification of visitation rules and hours in the detainee handbook …. The facility shall also post these rules and hours where detainees can easily see them. Standard 17, Visitation ƒ III.I.2. Hours. The facility shall permit legal visitation seven days a week, including holidays. It shall permit legal visits for a minimum of eight hours per day on regular business days, and a minimum of four hours per day on weekends and holidays. … ƒ III.I.14. Pro Bono List. [ICE] shall provide the facility with the official list of pro bono legal organizations, which is updated quarterly by the [EOIR]. The facility shall promptly and prominently post the current list in detainee housing units and other appropriate areas.

Delegation Report Source (b)(6), (b)(7)c

1.

Standard*

/18/2007

3.

ƒ

ƒ

Detainee

2

7

Delegation observations Delegation observations; Lt. (b)(6), (b)(7)c

ABA Commission on Immigration - Detention Standards Implementation Initiative

(b)(6), (b)(7)c

ƒ

One detainee stated that it was difficult to connect to certain consulates, and that he had complained about calls to consulates not working approximately three months prior to our visit, but to date the problem had not been fixed. (p.6 ¶1) There is no procedure posted for detainees to make free calls to parties other than consulates. (p.6 ¶2) As noted above, there is no list of legal service providers posted near the phones, and one detainee stated that he was not provided with a list. Detainees request permission to place free calls to legal representatives, but they must first provide a social worker with the name and telephone number of the attorney. (p.6 ¶2)

Lt. Detainee Handbook.

(b)(6), (b)(7)c

ƒ

Delegation observations; Detainee

(b)(6), (b)(7)c

ƒ

There are no telephone access rules posted in English or any other language. In addition, one detainee stated that he had never received a handbook or any other written rules regarding telephone access, and that he had sought assistance from another detainee in order to use the phone. (p.5 ¶2) Lt. stated that generally phones calls are limited to fifteen minutes per call. The detainee handbook states that “[t]ime limits will be monitored and [the] call will be terminated automatically if [the detainee] exceed[s] the time limit.” (p.7 ¶2) (b)(6), (b)(7)c

4.

Standard 16, Telephone Access ƒ I. Facilities holding [ICE] detainees shall permit them to have reasonable and equitable access to telephones. ƒ III.A. The facility shall provide detainees with reasonable access to telephones during established facility waking hours …. ƒ III.B. [T]he facility shall provide telephone access rules in writing to each detainee upon admittance, and also shall post these rules where detainees may easily see them. ƒ III.F. The facility shall not restrict the number of calls a detainee places to his/her legal representative, nor limit the duration of such calls by rule or automatic cut-off, unless necessary for security purposes or to maintain orderly and fair access to telephones. If time limits are necessary for such calls, they shall be no shorter than 20 minutes, …. The facility may place reasonable restrictions on the hours, frequency and duration of the other direct and/or free calls listed above [i.e., “other” than calls to detainee’s legal representatives]. Standard 16, Telephone Access ƒ III.E. The facility shall not require indigent detainees to pay for [legal, court-related, consular, emergency calls] if they are local calls, nor for non-local calls if there is a compelling need. The facility shall enable all detainees to make calls to the [ICE]-provided list of free legal service providers and consulates at no charge to the detainee or the receiving party.

/18/2007

Lt. stated that detainees cannot take incoming calls, and there is no system for delivering messages, except in an emergency. (p.8 ¶2)

ƒ

Standard 16, Telephone Access ƒ III.G. Staff shall permit detainees in the Special Management Unit for disciplinary reasons to make direct and/or free calls … except under compelling security conditions. These conditions shall be documented. Standard 1, Access to Legal Material ƒ III.C. The law library shall contain the materials listed in Attachment A. … The facility shall post a list of its holdings in the law library.

ƒ

Although Lt. stated that the facility does not monitor phone calls; however, one detainee stated that when making a phone call, an announcement is made to the receiving party that the conversation may be monitored or recorded. (p.7 ¶4) Lt. stated that detainees in disciplinary segregation are allowed the same phone privileges as other detainees. However, one detainee stated that during his first 11 days in the facility he was kept in disciplinary segregation and denied telephone access altogether. (p.6 ¶3) A list of library holdings is not posted. (p.11 ¶2) Several materials from Attachment A were missing from the library, including the Detainee Handbook, Immigration Law and Defense, and Immigration Law and Crimes. (p.12 ¶2) Officer indicated that all materials were available on Lexis disks on the computer. However, this would not include the Detainee Handbook. (p.12 ¶4) Many detainees do not know how to use the computers, and there is no training or staff member to provide instruction or assistance. (p.13 ¶1)

3

7

Delegation observations; Officer

.

(b)(6), (b)(7)c

ABA Commission on Immigration - Detention Standards Implementation Initiative

Delegation observations. (b)(6), (b)(7)c

(b)(6), (b)(7)c

ƒ

(b)(6), (b)(7)c

ƒ ƒ

(b)(6), (b)(7)c

8.

ƒ

(b)(6), (b)(7)c

7.

Standard 16, Telephone Access ƒ III.I. The facility shall take and deliver telephone messages to detainees as promptly as possible. When facility staff receives an emergency telephone call for a detainee, the caller’s name and telephone number will be obtained and given to the detainee as soon as possible. Standard 16, Telephone Access ƒ III.J. … Facility staff shall not electronically monitor detainee telephone calls on their legal matters, absent a court order.

(b)(6), (b)(7)c

6.

(b)(6), (b)(7)c

5.

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ƒ

stated that detainees were provided with at least 5 hours of library time per week. (p.8 ¶4) However, one detainee stated that only two hours are permitted per week: Wednesdays and Fridays from 1:30 to 2:30 p.m., and that his request for additional time was denied. (p.9 ¶1) One detainee did not have access to the library during the 11-day period that he spent in segregation upon his arrival at the facility. However, Officer stated that library access is not restricted. (p.9 ¶2)

(b)(6), (b)(7)c

ƒ

The Detainee Handbook includes hours of library operation, but it does not include the scheduled hours when detainees may access the library. (p.9 ¶3) Library personnel were also unaware of the access times for detainees. (p.8 ¶4)

ƒ

Some detainees assist one another with legal research; however, one detainee had not received assistance and did not know that it was permitted. (p.14 ¶3) The library does not contain any non-English legal material, and one detainee stated that this makes it particularly difficult for non-English speaking detainees. (p.15 ¶1)

ƒ

ƒ

ABA Commission on Immigration - Detention Standards Implementation Initiative

4

7

.

Handbook; library personnel.

Delegation observation, Detainee Detainee (b)(6), (b)(7)c

ƒ

One detainee indicated that he had not been provided with adequate nutrition. (p.17 ¶2) Two detainees have lost numerous teeth due to the “extraction only” dental policy. (p.17 ¶3)

Detainees

(b)(6), (b)(7)c (b)(6), (b)(7)c

Although two detainees said they were able to obtain copies, three detainees stated that the copy machine is usually broken. (p.13 ¶4)

(b)(6), (b)(7)c

ƒ

(b)(6)

11. Standard 1, Access to Legal Material ƒ III.Q. The detainee handbook … shall provide detainees with the rules and procedures governing access to legal materials, including … 2. the scheduled hours of access to the law library; 3. the procedure for requesting access to the law library; …. 12. Standard 1, Access to Legal Material ƒ III.L. Unrepresented … non-English speaking detainees who wish to pursue a legal claim related to their immigration proceedings or detention and indicate difficulty with the legal materials must be provided with more than access to a set of English-language law books. Facilities shall establish procedures to meet this obligation, such as: 1. helping the detainee obtain assistance in using the law library and drafting legal documents … 2. assisting in contacting pro bono legalassistance organizations from the [ICE]-provided list. 13. Health Services Standard 2, Medical Care ƒ I. All detainees shall have access to medical services that promote detainee health and general well-being.

ƒ

(b)(6), (b)(7)c

Standard 1, Access to Legal Material ƒ III.G. The facility shall…permit all detainees, regardless of housing or classification, to use the law library on a regular basis. Each detainee shall be permitted to use the law library for a minimum of five (5) hours per week. ƒ III.M. Detainees housed in … Segregation units shall have the same law library access as the general population, unless compelling security concerns require limitations. Security and Control Standard 14, Special Management Unit (Disciplinary Segregation) ƒ III.D.15. When developing the schedule for law library-access, the OIC will set aside blocks of time for the detainees in disciplinary segregation. … 10. Standard 1, Access to Legal Material ƒ III.J. The facility shall ensure that detainees can obtain copies of legal material ….

(b)(6), (b)(7)c

9.

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stated that all detainees receive a Detainee Handbook upon arrival. However, two detainees indicated they did not receive a Detainee Handbook when they arrived at the facility. (p.18 ¶5)

ABA Commission on Immigration - Detention Standards Implementation Initiative

5

7

(b)(6), (b)(7)c

ƒ

(b)(6), (b)(7)c

14. Standard 6, Detainee Handbook ƒ I. Every OIC will develop a site-specific detainee handbook to serve as an overview of … the detention policies, rules, and procedures in effect at the facility … Every detainee will receive a copy of this handbook upon admission to the facility.

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One Newark Center, 16th Floor Newark, New Jersey 07101-3174 Tel: (973) 639-1234 Fax: (973) 639-7298 www.lw.com FIRM / AFFILIATE OFFICES Boston New

Jersey

Brussels New

York

Chicago Northern

Virginia

Frankfurt Orange

County

Hamburg Paris Hong Kong London San Los Angeles

San Diego Francisco Silicon Valley

Milan Singapore Moscow T

MEMORANDUM

Wa

December 1, 2003 To: From: File no: Copies to: Subject:

okyo shington, D.C.

Anthony Tangeman, Deputy Executive Associate Commissioner, Office of Detention and Removal, Bureau of Citizenship and Immigration Services American Bar Association Delegation to Hudson County Jail (IGSA) in New Jersey 1 502130.0012 b6 ABA Commission on Immigration Policy, Practice and Pro Bono ABA Detention Center Review Project – Hudson County Jail Delegation

I. Introductio

n

This m emorandum evaluates and summa rizes facts gathered and findings regarding the Hudson County Jail, an Intergovern mental Service Agreement facility in Kearn ey, New Jersey. The inform ation was gathered via observation of the facility by the delegation and interviews with detainees and facility staff on August 21, 2003. 2 The Imm igration and Natura lization Service (INS) prom ulgated the “ INS Detention Standards ” in Novem ber 2000 to insure the “saf e, secure and hum ane treatm ent of individuals detained by th e I NS.” The t hirty-six Standards contained in the Detention Operations Manual cover a broa d spectrum of issues r anging f rom visitation polic ies to grievance procedures and food service. These standards apply to Service Processing Centers (“SPCs”), Contract Detention Facilities (“CDF”), and sta te and local government facilities used through Intergovernm ental Service Agreements (“IGSA”). The De tention Standards went into effect on January 1, 2001, and were to have been implemented at each f acility by January 2003. The Standards constitute a “floor” not a “ceiling” for tr eatment of detainees. In other words , 1

2

The delegation was composed of Latham & Watkins attorneys b6 b6 b6 and b6

b6 b6

The delegation was initially informed that our visit would be limited to approximately one hour, despite discussions with BICE personnel to the effect that the visit would take several hours. After negotiation, it was agreed that the delegation would return later in the afternoon to continue the visit. The delegation was on-site for between two to three hours total.

NJ\78531.1

they are meant to establish the minimal requirements that BICE m ust adhere to in the op eration of its facilities. Each Field Office or Officer in Charge (“OIC”) of a facility may, in his or her discretion, promulgate policies and practices affording detainees more rights and protections than those provided for by the Standards. Overall, the delegation f elt that the f acility had m ade a substantial ef fort to implement the Standards. However, the following problems were noted by the delegates during the course of our visit: •

The law library lacks several of the required materials; and

•

The facility’s policies re garding delivery of telephone m essages, posting of required telephone numbers for legal assistance, and communication with other detained f amily members do not com port with the req uirements of the Standards.

II. General The facility has a capacity of approxim ately 1800 and currently houses approximately 1750. Of these, at the date of our visit, 211 were ICE detainees, including eleven female detainees. The delega tion was inf ormed that the d etainees wer e f rom “all over,” with most com ing from “Hi spanic coun tries.” W hen pressed for the repres entation of particular countries, the officers could not or would not pr ovide more information. It is not known wha t b6, b7C percentage were crim inal detain ees, as Sgt. the facility’s U.S. Federal / ICE Liaison, stated that he preferred not to know what charges had been levied against detainees. He also could not comment on the average length of stay, stating that was “up to the INS.” The ICE male detainees are housed separately, in “A Pod.” 3 These men have two tiers and share a sectio n with federal m arshal inm ates. Each tier h ouses appro ximately 50 people. The fem ale ICE detainees are housed w ith other inmates in “B Pod.” Sgt. Rivera said there were no problems in the women’s tier, and in fact it was the “best” place to be. III.

Observations of Implementation of Legal Access Standards

A. 1.

3

Visitation By Attorneys Hours of Access

A new pod – E – is being built, which will have 512 beds for ICE and federal marshal inmates. The projected completion date is mid-2005. 2 NJ\78531.1

According to the Standards, legal visitation should be allowed seven days a week for a minimum of eight hours on weekdays and four hours on the weekends. Hudson County Jail facilitates this standard by permitting attorneys access to their clients 24 hours a day, seven days a week. If the attorney is joined by support staff, they m ay also visit the inmate, but the support b6, b7C staff cannot visit an inm ate without the attorney present. Sgt. indicated that attorneys should call ahead to inf orm whomever is on staff of the attorney’s arriva l. Generall y, attorneys are only per mitted to bring paper a nd a writing implement into the vis itation room. Attorneys who wish to use special equipm ent, such as laptop computers or books, m ust get special permission from the District Dire ctor. During our visit, the de legation obs erved a n a ttorney using a laptop during her interview with an inmate. 2.

Access (Attorneys and Legal Representatives)

According to the Standards, attorneys without Bar cards must be granted access if they show other available doc umentation. Mental and m edical health professionals and interpreters with appropriate identification should be allowed entry. Hudson County Jail perm its attorneys to enter the facility with any form of valid identification. Mental and m edical professionals and inte rpreters m ay also enter the ja il, bu t according to Sgt. b6, b7C the jail has seven in-ho use physicians and there is rarely a n eed to seek off-site medical assistance. Sgt. b6, b7C noted, however, that, if necessar y, off-site medical staff could visit the jail also. 3.

Privacy

According to the Standards, an attorney or legal repr esentative must be provided with a private room to conduct a m eeting with possible visual , but no audio, observation. Attorneys, legal repr esentatives, law students and legal assistants should be able to prov ide the detainee with paper docum ents, and the detain ee should have the right to retain or have reasonable access to them. There are at leas t six attorney vis itation rooms that perm it open contact between attorney and client. These room s are quiet and ad equately sized for use by two or three persons. In accordan ce with th e Detention Standards, there was visual m onitoring, but no audio monitoring. Attorneys who desire a non-contact vis it are certainl y permitted to do so, but Sgt. Rivera rem arked attorneys never request non-cont act visitation. However, after any type of contact visit, detainees are strip searched. Visitation at Hudson County is continuous , even if a count or m eal break coincides with the vis it. If meals are served during an atto rney visit, Sg t. b6, b7C explained that 3 NJ\78531.1

b6, b7C detainees will have their meal brought to them. As described by non-ICE inmate however, meals missed due to an attorney visit ar e saved for the inmate to permit him/her to eat it later. 4 In addition, attorneys are permitted to bring an interpreter if necessary. While the staff does not provide interpreters, staff are permitted to offer informal assistance if necessary.

4. Strip

Searches

Hudson County Jail is an IGSA facility. As such, H udson County is permitted, in accordance with the Standards, to strip search detain ees after a con tact v isit as a m atter o f course. According to S gt. b6, b7C detainees or attorneys are perm itted to request a non-contact visit in order to avoid the m andatory strip search, but according to Sgt. b6, b7C this option is hardly ever requested. In contrast, an anonym ous detainee interviewed by the delegation noted that non-co ntact v isits are only perm itted from Monday through T hursday. However, this detainee claims to have not had any visitors. 5 This same anonymous detainee noted that families often have to wait a long time before actually meeting with their detained family members. 6 5.

Detainee Information

According to the Standards, only legal rep resentatives can contact th e facility to find out if a detainee is detained at that particular facility. Hudson County permits these types of inquiries. In fact, attorneys seeking to visit deta inees outside of norm al business hours are encouraged to call and announce their visit. B.

Visitation By Family & Friends 1. Hours

According to the Standards, visiting hours should be clearly posted and p ermitted during set hours on weekends and holidays. More over, special arrangements should be available for family members who are unable to visit during regular visiting hours. Visits should be for at least 30 m inutes in duration. Acco rding to Sgt. b6, b7C the visita tion schedule is posted in the cell blocks and in the Inmate Handbook. Visitation is permitted for one hour on weekdays from 9am-12pm; 1pm-3pm; and 6pm – 9pm . If norm al visiting hours are a hard ship for family members, special arrangements can be made. They are dealt with on an individualized basis, normally through a social worker. 4

b6, b7C See Notes of Interview with (Facility staff inadvertently referred Mr. b6, b7C to delegation members, despite the delegation’s request to speak with de tainees rather than f ederal inmates.)

5

See Notes of Interview with “

6

Id.

4 NJ\78531.1

b6, b7C

”

There is no lim itation on the type of family that can visit a detainee, b ut if another immediate family m ember happens to also be incarcerat ed at Hudson County, there is no provision for permitting them to visit each oth er. One detainee reported that the names of visitors m ust be included on a lis t in adv ance of their visit and c hanges to the list are permitted only every f ew months. As a result, visitors who could not be listed may be precluded from visiting. 2.

Restrictions on Visitors

The Standards im pose no lim itation on the number of persons who can visit a detainee. At Hudson County Jail, immediate fam ily, relatives, friends and associates m ay visit. However, only two m inors m ay visit any detainee per visit. Contact vi sits a re a llowed and accommodated at Hudson, but as indicated previousl y, detainees are strip searched after contact visits. If a vis itor wishes to give a detainee m oney, the Standards provide that this should be perm itted an d that the money should be given to a design ated staff mem ber, who should provide the donor with a receipt. If a vis itor wishes to leave mone y for a detainee, this must be done by United States Postal Serv ice Money Order. The receipt on the money order serves as the depositor’s receipt, and the inmate is given a receipt that the money has been placed in his commissary account. C. Telephone

Access

The Standards provide that facilities shall permit detainees to have reasonable and equitable access to telephones. The delegation was inform ed that all phone s for detainees are contained in the housing tiers. (There are pay phones in at le ast one hallway, but they are only for use by employees.) Each tier has 6 phones. As each tier houses approxim ately fifty people, overall it appears that Hudson has a sufficient num ber of phones available. T he delegation was not permitted on the tier itself, so it could not be verified that the phones were in working order, although we were told that all did work. Sgt. b6, b7C stated that, if a phone did not work, it would be “written up” and Verizon would be brought in to im mediately f ix it. One inte rviewee commented that the length of time it took for a phone to be fixe d depended greatly on the officer on duty. Another noted that the phones are often broken and would “cut out” during calls or fail to work entirely. From the housing tier phones, detainees can make collect and calling card calls. However, the prepa id calling cards f or sale in th e commissary are only f or international calls, 7 7

Sgt. b6, b7C stated that a private vendor is currently trying to negotiate a contract with ICE to let inmates call foreign countries directly through a third party. 5 NJ\78531.1

and according to an interviewee, o ne card co sts $27.50 and provides o nly 15 m inutes of callin g time. Another interviewee stated that collect calls cost $5.00 for the first m inute and $0.90+ for each m inute thereafter. Calls can be m ade fr om after the count (approxim ately 8 :00 or 8:30 a.m.) until 10:00 p.m. The delega tion dete rmined that th ere ar e sev eral p roblems with re gard to telephone access at Hudson. First, there was not hing posted on the walls next to the telephone, although the Standards state that “[l]ists of pro bono agencies should be posted by each phone along with multilingual instru ctions on how to ope rate the phone.” The delegation was told by Sgt. Rivera that instructions for using the phone were provided in the detainees’ handbook, which, he said, is given to detainees when they fi rst enter the facility and is available in English or Spanish. 8 One detainee indicated he had received a handbook in Spanish, his native language, but another stated that he had not received any written materials when he arrived at the facility. The Standards require that detainees be able to call their attorneys without charge and discuss their legal cases on the phone “in a private envir onment.” At Hudson, detainees must make a request in writing to call their atto rneys and then place that requ est in a box on the tier. A social worker picks up these requests on ly once a day, and then br ings one detainee at a time to the social work er’s office to log and place the call. The call is free and no t monitored (Sgt. b6, b7C stated that no calls at H udson were monitored), but the social worker remains in the room during the call. S gt. b6, b7C informed us that it is f acility policy that an inm ate is neve r allowed to be in a room by himself or hersel f. (One i nmate appeared to be in the laundry room by himself during our tour, however.) There is no tim e limit for calls to attorneys, although Sgt. b6, b7C noted that “we don’t expect them to talk for an hour.” Also, the calls are not interrupted, even for a “ count.” If a detainee wants to talk to an attorney m ore than once a day, Sgt. b6, b7C said that is to “be worked out” among the attorney, the social worker, and the detainee. Hudson’s procedure for taking and deliv ering m essages falls short of the Standards’ dictate th at the “facility should receive and deliver phone m essages for a detainee promptly.” At Hudson, there ar e no procedures for delivering messages of any sort, including messages to or from attorneys. This was confir med by the interviewees. In such a situation, the only exception is if th ere is an emergency, such as a death in a detainee’s family. Then offi cers will contact the app ropriate religious personnel, and that person will deliver th e message to the detainee. If the detainee has a personal emergency, however, the only way for the detainee to get that information to f amily members is by m aking a collect call. (Sgt. b6, b7C indicated that the

8

The delegation requested a copy of the handbook in all available languages. Sgt. b6, b7C said he would take the request to County Counsel for perm ission to send copies to us. To date, we have not received the handbook. 6 NJ\78531.1

officers “don’t get invo lved in perso nal matters.”) The Standards state that detainees should be able to call family members if there is a personal emergency. Detainees are permitted to call cons ulates and their a ttorneys for free. However, the consulate numbers are not av ailable, as required by the Standards. ICE provides the facility with a consulate list, which the social worker gives out as appropriate. The numbers for clerks of various courts, attorney com plaints, public advo cates, and consulates ar e posted in the lib rary, although the listings were undated and seem ed fairly old. If other fam ily members are detained, there is no cont act unless they share the same t ier. No pho ne calls to detained family members are permitted, in contravention of the Standards’ requirement that “[d]etainees shou ld be able to contact their other detained family members without cost.” C. Legal

Materials

The Standards mandate that the Hudson facility shall establish and maintain a law library. The library m ust be ad equately lighted, reasonably qui et, and large enough to support legal research and writing. It m ust also contai n an adequate num ber of tables and chairs to accommodate all detainees who wish to use the f acility, and must provid e a flexible schedule in order to perm it all detainees us e of the law library for a m inimum of five hours per week. Finally, the library should provide one typewrite r or computer per five detainees, as well as sufficient writing m aterials and texts to enable detainees to conduct research and prepare legal documents. A.

Materials

Of the texts and periodicals contained on the “List of Legal Reference Materials for Detention Facilitie s,” the libr ary at the Hudson County Jail contained many of the publications listed. Nonetheless, many volumes were outdated.

7 NJ\78531.1

Of the thirty publications listed, the facility carried seventeen. 9 Of the seventeen texts, only two were 2003 editions . These publicati ons included: Immigration Law and Defenses and Federal Civil Procedure and Rules . In addition to the te xts contained on “List of Legal Reference M aterials for Detention Facilities ,” the library carries a plethora of other legal texts and research tools that are not listed, but which should be noted: Federal Practice Digests, New Jersey Reporters, F ederal Reporters, New Je rsey Digests, Suprem e Court Reporters and a current New Jersey Lawyers’ Diary. While these other legal texts are located in the main library and readily accessible to detainees, the imm igration texts are located behind the ref erence desk. A detain ee must spec ifically requ est a par ticular immigration tex t in o rder to review it. Th e walls of the library contain various postings, including attorney reference num bers and legal research tips. Officer b6, b7C is th e of ficer who genera lly superv ises the lib rary. She is b6, b7C responsible for updatin g the m aterials. Officer updates/checks the m aterials when updates/pocket parts are sent to her from the publishers of the texts. She receives updates twice a month, but only for certain texts. If a detainee requests a text that the library does not carry, that detainee must speak to a social worker in an attempt to obtain the m aterial. This procedure may or may not result in the detain ee receiving the requested text. One of the de tainees stated that if the library does not carry a requested publicatio n, the librarians do not provide any assistance in obtaining the text. The detainees interviewed acknowledged that they are aware of the legal materials in the library. Alt hough one detainee stated that he has not experienced any problem s when using the lib rary’s materials, another detainee commented that the m aterials are accessible only “if you know what you’re looking for.”

9

These publications included: Constitution of the United States of America: Analysis and Interpretation, United States Code - Title 8, Code of Federal Regulations - Title 8, Benders Immigration and Nationality Act Serv ice, Bender’s INS Regulation Service, Administrative Decisions Under Immigra tion & Nationality Laws (both bound volumes and the interim decisions), Immigration Law and Defense, Immigration Law and Crimes, Federal Civil Judicial Procedure and Rules, United S tates Code - Title 28, Federal Criminal Code and Rules, Cr iminal Procedure (Hornbook) (two copies), Legal Research and Writing : Some St arting Points; Black’s Law Dictionary, Directory of Nonprofit Agencies that Assist Persons in Immigration Matters, Translation Dictionary (Portuguese only) and Self-Help Materials. Generally, the texts are in good condition. The library did not contain “ Florence Project’s ‘Know Your Rights ’” packets. This was confirmed by one of the detainees. One of the detaine es that we in terviewed c ommented that the f acility “ can re ally improve” the library, noting that many texts are missing.

8 NJ\78531.1

B.

Library Conditions

The library is a designated room in the facility, sufficiently large to accommodate legal research and writing. The library is well lit and reasonably isolated from noisy areas. The library contains approximately six tables, twenty- one chairs and three sm all desks. The room is divided into two sections and a m aximum of twenty detainees are permitted in the library at on e time (ten per section). The room appears to accommodate the facility’s maximum. The library contains one operational com puter, but no printer. W riting implements, paper, envelopes and other office supplies are provided free of charge and in unlimited amounts, however, a detainee m ust request the supplies, as they are located behind the reference desk. This was confirmed by one of the detainees. The library is open weekdays f rom 9 a.m . to 3 p.m . 10 The library is clo sed on weekends and holiday s. The facility prov ides rotating schedules for detainees’ libr ary us e depending on whether they are state, federal or ICE detainees. A d etainee can use the f acility one time per week. One of the detainees comm ented that this policy was recently changed from twice a week to once a week. A detainee does not have to choose betw een recreation tim e and library tim e. This was confirmed by one of the detainees that we interviewed. Detainees in iso lation/segregation a re no t permitted to visit th e libr ary. They must specifically request a book, which is brought to them by an officer. The problem with this practice is that unless the isolated detainee knows what publication to request, he or she is unable to access library services. C.

Photocopies and Mail

The lib rary has one p hotocopier. Detain ees are pe rmitted to m ake unlim ited copies. Both detaine es that we in terviewed stated tha t they are not perm itted to use th e photocopier them selves; rather, a library staff member makes all copies for detainees upon request. The facility provides free envelopes to a ll detainees and f ree stamps for all legal mail. Stamps are requested at the library and the facility mails the items for the detainees. One

10

The detainees that we interviewed stated th at they were not aware of the library’s hours of operation.

9 NJ\78531.1

of the detainees stated that the facility pays for all leg al m ail and all correspond ence m ailed within the United States, however each detainee must pay for his or her own international mail. D.

Computer Access

As mentioned, the library contains one operational computer, which is equipped with a CD-ROM and immigration law m aterials. Detainees are perm itted to save m aterial on a diskette, but they are not perm itted to bring the diskette back to their cell. Off icer b6, b7C is responsible for safekeeping detainees’ diskettes. Also, as mentioned, the computer does not have an attached printer. W ithout printing capabilities it app ears that a d etainee is on ly permitted to view the immigration materials from the library’s computer station. b6, b7C Although Officer stated that detainees are perm itted to use the computer, one detainee explained that library st aff and civilian legal assis tants are the on ly individuals that are permitted to use the computer.

D.

Group Rights Presentations

Several organizations provide group rights presentations at the facility. Sgt. b6, b7C stated that an organization called Hori zon and Amnesty Interna tional conduct various presentations. Another orga nization, possibly Am nesty International, also shows a video entitled “Know Your Rights.” IV.

Other General Observations Unrelated to the Legal Access Standards A. Recreation

Issues

The facility provides outdoor recreation fo r inm ates/detainees. In bad weather, the inm ates have access to indoo r facilities. In mates/detainees gen erally exercise or play basketball and football. The facility does not permit weightlifting. In mates/detainees receiv e one hour of recreation each day. B. Education

Classes

The facility offers a nu mber of daily cl asses to inm ates/detainees. Thes e classes include GED, literacy, drug education and parenting. C.

10 NJ\78531.1

Medical Issues/Health Access

In order to receive m edical attentio n, an inm ate/detainee must m ake a request. Such a request puts him on “sick call.” The in mate/detainee is then seen by staff doctor. If the situation is an emergency, the facility contacts emergency medical services. The facility has a num ber of doctors on sta ff. The doctors are county employees. The facility also em ploys eight coun selors who are available 24 hours a day, 7 days each week. If a counselor deem s an inm ate/detainee unstable, he is sent to an outside facility for a psychiatric evaluation. D. Religious

Issues

The facility offers weekly religious services on site. The serv ices are offered in a number of denom inations includi ng Catholic, Baptist, Penteco stal, Methodist and Muslim . Religious counseling is also avai lable. The facility has an im am, a m inister, and a deacon on staff from Monday through Friday and during weekend services. The facility provides sp ecial diets. To receive a special diet an inm ate/detainee must subm it a request to the religious coo rdinator. In mates/detainees m ay possess certain religious items including crucifixes and prayer rugs. E. Detainee

Classification

At the Hudson County Jail m ale BICE deta inees are segregated from the general population and are therefore not su bject to the classification syst em used for other prisoners. There is no sub-classification sy stem for detain ees, in part because BICE does not inform the Hudson County facility why the detainee is being held. Although detainees are held in a separate pod, they are co-mingled with other federal detainees. Female detainees are mixed in with th e general population apparently because there are not enough female detainees at the Hudson County facility to fill a pod. F.

Dietary Requirements

Detainees and other in mates m ay request special dietary accomm odations for health or religious reasons. The detainee is required to fill out a form which is signed by a doctor or religious official and that in formation is provided to the kitchen staff who have a roster of detainees that require special meals. G.

11 NJ\78531.1

Detainee Work Program

Detainees at the Huds on County Jail are voluntary work programs. H.

not perm itted to participate in any

Grievance and Disciplinary Procedures

Detainees who have complaints m ay file an Inm ate Grievance Form . Form s are reviewed daily by an ombuds man who sends them to the appropriate officer or staff m ember to address. The policy regarding disciplinary segregat ion is the sam e for detainees and other inmates. All disc iplinary segregation is on a f ifteen day in/one day out cycle regardless of th e total number of days of the sentence. Inmates spend fifteen days segregated followed by one day “out” with the other detainees or inmates. They are in segregation for twenty-three hours per day and given one hour out for all other needs including showers, recreation and attorney visits. Restraints are placed on detain ees only if they present a dang er to them selves or others. After an inm ate has been restrain ed h e is check ed by a doctor and the restraints are removed one at a time. Administrative segregation is used o nly instances in which a n inmate will pose a b6, b7C security risk. According to Sgt. de tainees are segregated only if they are “known trouble-makers.” Medical quarantine is used to isolate detainees who have a contagious illness. If, following a m edical ex am, an inmate is de termined to be contagious, he will im mediately be isolated. I.

BICE Presence

BICE inspects the Hudson County Jail on a yearly basis. Detention and Deportation officers are present at the Hudson County fa cility alm ost daily. Higher ranking officers may be brought in if necessary. A deta inee who would lik e to contact BICE staff m ust fill out a form and give it to a social worker w ho will pass on the request to BICE. It is not clear whether detainees may also ask the correction officers to put them in contact with BICE. J.

Facility Management

The staff at the Hudson county jail appeared both knowledgeable and professional. The staff that works with detainees are trained as correction officers and receive no special training or instru ction with r egard to the detainees. According to Sgt. Rivera, very little has changed at the Hudson County Facility si nce the implem entation of the INS Detention Standards. Following the im plementation of the Standards detainees were separated from the 12 NJ\78531.1

general pop ulation and given a f ew additiona l pr ivileges, m ost nota bly add itional visitation rights. V. CONCL

USION

With two exception s, the f acility a ppears to h ave substan tially im plemented th e Standards. Those exce ptions a re: (1) the f acility’s law library lacks severa l of the required materials; and (2) the facility’s policies regarding delivery of telephone messages, posting of the required telephone numbers for legal assistance, and allowing detained fam ily m embers to communicate do not comport with the Standards. Those issues aside, however, the delegation’s review demonstrates that the Hudson County facility substantially comports with the Standards.

13 NJ\78531.1

Department of Homeland Security Bureau of Immigration & Customs Enforcement 4002 Lincoln Drive Marlton, New Jersey 08053

FACSIMILE Transmit to Fax # : (973) 639-7298 Voice Telephone#: Name Organization

Transmitted from Fax #: (856) 489-0945 Voice Telephone # Name Organization : DHS/ICE Transmission Date : August 8, 2006 Number of Pages Being Transmitted: 6

(This cover sheet is not included in the page count)

Contents I Comments:

H** If the receiver did not receive the L;orrect nurnbeJ: of pages/ please call theIQli~sa:in5fteG10mll request retransmission * ... **)"'i<

U.S. DEPARTMENT OF JUSTICE Executive Office for Immigration Review /lIIlIIigratioll Court:

Newark and Elizabeth

List of Legal Servicc Providcrs (July 2006) Catholic Community Services 976 Broad Street Newark, New Jersey 07102 Tel: (973) 733·3516 Fax: (973) 733·9631 All cases Including asylnm (May charge a nominal fee)

•

•

International (nstuute ( Journal Square, 4" Floor Jersey City, New Jersey 07306 Tel: (201) 653·3888 Ext.20 Fax: (201) 963·0252 All cases including asylum (May charge a nominal fcc)

•

•

EI Centro l1ispauo ADlericano (Formerly The Center For Central American Refugees) 525 East Front Street Plainfield, New Jersey 07060 Tel: (908) 753·8730 Fax: (201) 753·8463 All cascs Including asylum (May charge a lIonlinal ree)

•

•

••

•

Lutheran Soci.IMinistri •• Of New Jersey Lutheran Immigration and Refugee Program Mailing Address: P.O. Do. 30 Trenton, New Jersey 08601 189 South Broad Street Trenton, New Jersey 08601 Tel; (609)393-4900 All cases Including asylum (May charge a nominal fec)

•

•

American Friends Service Committee [mUlign.it Rights Program Director: Elissa Sleclieh 89 Market Slreet, 6" Floor Newark. New Jersey 07102 Tel: (973) 643-1924 All cases including asylum (May charge a nominnl ree)

•

•

Human Rights First Contact person: Joanna Lydgate or Ruthi. Epstein 333 Se"enth Avenue, 13" noor New York, New York 10001 Tel: (212) 845·5200 Detention: (212) 629·6170 Fax: (212) 845-5299 . Asylum Seeker Only

•

•

Catholic Family & Community Services 24 DeGrasse Street raterson, New Jersey 07505 Tel: (973) 279·7100 All cases including asylum

•

Legal Services Of New Jersey 100 lIletropler Drive, PI.lnfield Ann"e Edison, NJ.OS818 . Tel: (732) 572·9100 Ext.2JI Hot Line: 1·888-576-5529 (please call the hot linc number first when placing a call to this office.)

Tbe Hebrew Immigrant Aid Society 333 Seventb Avenue New York, New York 10001·5004 Tel: (212) 613·1420 Fax: (212) 967-4442

••

. U.S. DEPARTMENT OF JtJSTICIt Executive Office for ImmigratiOll Review ImmlgrGtio/l Court: }lewark and Blizabeth

List of Legal Service Providers (July 2006) . La Casa de VOll Pedro Conla.t P,rson: SOddle Plunkett 39 Brqadway Newarlo:,New J ....y 07104 Tel: (973) 481-4713 -will represent aUeoM in .sylumflroeeedings -may tharge l10minal fee

•

Camdea Center ror Law and Social Juslice, foe . .. ImmigraHon Services Olliee 1845 Haddoll Avenue Camden, New Jersey 08103 Tel: (856) 341-4160 Fax: (856) 34%-4180

•

CamdeD Center ror Law and Sodal JusUe., Inc. Immlgration Services :~)f(i.e 9 Norlh Geoglo Av.n~e Allanl!,c City, New Jersey 08401 Tel: (609) 348-11U

•

Bhanu D_ Wodra, Esq. l'asrlcb, & ratel, LLC 1794 Oak Tree Road Edlsoll, New Jersey 08820 Tel: (732}59306200 Fax: (732) 593-11201

•

•

•

LEGAL RIGHTS PRESENTATIONS

• Please indicate if you would like to receive a legal rights presentation by a pro bono (free) attorney FROM A NON-PROFIT ORGANIZATION, NOT THE GOVERNMENT. • The purpose of the legal rights presentation is to infonn you of U.S. Immigration law and procedures. This presentation is to instruct you about the immigration system and your rights and options within the system, • This presentation is free of charge and is completely voluntary. • .If you would like some more information on Immigration law and procedures and your rights under the law, then please attend this presentation. , • This presentation is intended for immigration detainees. . with translations. • The presentation will be in

PHt~tN IAIiIUN de

DERECHOS LEGALES

• Indique por favor si usted quisiera· recibir una presentaci6n de derechos legales por un abogado gratuito. • lEI abogado trabaja para una organizaci6n no lucrativa, no para el ' ,.. goblemO • El prop6sito de la presentaci6n de derechos legales es para informarle a usted la ley y procedimientos de la inmigraci6n de los Estados Unidos. • Esta presentaci6n es gratuita y totalmente voluntaria. • Inscribase por favor en la hoja debajo siusted querra mas infonnaci6n en la ley inmigratoria y procedimientos y en sus derechos bajo la ley, entonces asisten por favor a esta presentaci6n. • Esta presentaci6n es solamente para detenidos de inmigraci6n. • La presentaci6n sera en ingles coil traducciones en e~WlQJ

Sign up Sheet for Legal Rights Presentations Name of Deta:lnee (Nombre del Detenido)

Alien Registration Number A#

1

2

-.

3

4 5 6

7 8

9

10 11

12

13

14 15 WM_,"

16 ""

17

18

19 20

-

Language Understands (Lenguage que usted Entiendc:)

21 "-'

22

23 24 25

-

26 27

.

28

29 30

._-

31 32

33 '.

34

35

36

37

.

38

39 40

-"

41 42 43

---

44 45

-

46

47 48

49 50 51 52

53. 54.

-

55. 56.

57.

58. 59 60.

.

Department of Homeland Security Bureau ofImmigration & Customs Enforcement 4002 Lincoln Drive Marlton, New Jersey 08053

FACSIMII.JE Transmit to Fax # : (973) 639-7298 Voice Telephone#: Name Organization : Latham & Watkins

Transrnitted from Fax #: (856) 489-0945 Voice Telephone # 56 Name Organization : DHSIICE Transmission Date : August 9,2006 Number of Pages Being Transmitted: 13 (This cover sheet is not included in the page count)

Contents / Comments:

HUDSON COUNTY CORRECTIO~AL CENTER XNVESTIGATION OF AN ALLEGED ~ISCIPLINARY INFRACTION INMATBS NAME AND NU'MBER : _ _ _ _ _ _ _ _ _ _ _- - - -_ _ __ INMATES LOCATION: WAS

I~TE PLAC~IN PR£-~lNG D~TENTION:

YES {J

NO

(l

INMATE PLEADS NQT GUILTY AND aEQUEST A HEARING ( ) INMATE PLEADS GUILTY 'TO THE

C~

AND WAIVES HIS RIGHT TO A

HEARING ( ) SIGNATURE:

DATE : _ _ _ __

INMATESprint STATEMll1NT,: (If inmate does ·not want., to make a statement please NONE) ___________ ____________________________ ~

WITNESSES (INMATE MAY REQUEST TWO WITNESSES) : 1. _______________________________ 2. _____________________

EVIDENCE BAG J)ll)MBjjlR (S) : _ _ _ _ _ _ _~--........;....._= ::-:::=":~......- - SUPERVISORS CONCLUSIONS, COMMENTS AND/OR RECOMMENDATIONS:

SUl?I!lRVSIORS mIME: DATE : _ _~~=­ SUPERVISORS PLEASE ATTACH COPYES, OP ALL RE~RTS, (USE OF FORCE, D.C., INCIDENT REPORTS, AND PRE-HEARING DETE~ION REPORTS AND ANY OTHER INFORMATION Tw..T COULD ,ASSIST Tua COMMIT'I'RE)

HUDSoN CXJUm:YOllW;CmXW. Cl.N1'ER DISCIPLINARY UNrr PRE~HEARING

DJmimIOO FORM

AN ItIMAl'E MAY BE PLACED IN PRE-HEARlOO DEmfTION IN 'l'HO'3E INS'l'ANCZS ~ IT APPFARS NFX.FSSARY to REKlVE OR ISOLATE 1lIE INMATE FJUJof GENERAl. 'POPDLAnON \JNl'IL AN INVESTIGATION I.m THE INMATE I S A1.J..EGm MISCX'XroUCl' CAN BE ~ ANI) A DISCIPLINARY I:IEARING CAN B~ HELD PURSUANT 'ItJ N.J .A. C, lOA.:4~9. .:. eM: OR HJRE OF nIE FOU.OWING FAClOilS SWULD BE MET BEfORE AN INMATE IS PLACED IN PRE-HE'ARtNG OEnNItON. . '.

1. tHE INMATE HAS BEEN CliARGFD

wrm AN ASSAULT UPC.tI

ANOl'H!R PDSON AND. IN

THE OPINlOO OF 'lHE alRRECTIONAL tn:AFF, 110m: IS A SU\:lSTAN'I1AL 'fOSSIBILIlY lllAT

nm. ntIA.'l'Il: MAY

ASSAULT ~ INMA.1'E OR STAFF MEMBER;

2. 1lIE I!H4.1'E HAS Bm IlJARGED Willi 'I'HREATENING AtrJ'l.'HE3 PI!l&JlII AID. IN."mE OPIHItIl OF OJRlIE:UctW.. STAFF, 'l'HERE IS A SWSIANI'IAL POSSIBILl'lY ntAT nIE I~ wru. Acr 01( I{[S OR HER 'l'HREAT; ,

nm

3. 'M: INMt\TR HAS BEm CiARGED w:rm BEll'«: LINDER mE INFLllENr.E OF DRlIClS OR IN'IOXIC'ANl'S Atm, IN' 'WE OPINION OF'lliE 0lIRECTtcm:L STAFF, THE INMATE'S BEHAVIORAL a:mROLS Al>PEAR TO BE IMPAIRED; , 4. 1HE INMATE HAS BEEN· QlARGED WIn! INCmNG amERS TO mGACE IN AN 'ASSAULT lJFCXi A!'«;Il'HEB PER~. CAUSING SERIOUS DESrRllCTJ.ON OF PROPERl'Y OR PARTICIPA~ IN II GIIOUP OEHlNSTMnOO OR WORK. SIOFPAGE AND, IN 1'tIE OPINION OF 1HE CtlRRECI'ICIW. . STAFf".'llIERE IS A suasrANTIAL POSSIBILITY ruE I~TE WI1.l. AGE IN ADOmONAL ARSON IE DESJRlJCI'ItIl OF PROPmlY; 6. .1lIEINMATE HAS RECE:IVED A OISC1PLINARY CHARGE AND, IN 'mE OPINION OF 1$ ... ~ STAFF, 'l'HEI!E IS A. SUBSTAN'11.AL rosSIBIUlY 'lHAT nm INMAn: t.n:u. ATmIPl' 10 _ . "bmI:A~ OR INTIMIDATE: POTENTI.AL IoltTNESSE'S OR 'lHAT '!HE INMATE wru. ATI'EMPl' 'IO omI\NIZI:': OR !NOX.i'RAGE ~ TO HARM, TI-ffiEATEN OR INTIMIDATE FOrENrIAL Wl'INFSS&s;

7. nm INMATE HAS R\l:EN OIARGED tlrm I'AlmCIPATING IN AN UNAtmIORIZED G.&J:HERING OR GRCXJP DOONSTRATION AND TIlE INMA,1'E REFUSES TO ABANTXl'l HIS OR HER ~AATICIPATION; AND .

8. 'l'HE INMATE HAS BEEN QIARGED WI'IH ESCAPE OR ATt'IiMPTED ESCAPE AND EVIDENCE

HAS ,~ PRODUCED WHICH tNTlTr"ATES

run

THE INl'lATE PRESENTS A SERIOUS ES'::Ai'E RISK

IF PERM:rtTED TO REMAIN IN GENElW.. I'OPIJl..Anoo.

lNMATE BEING PLACED IN PRE-HFARING Dl!:fENI'ION: _ _ _ _ _ _ _ _ _ _ _ _ _ __

PlACEMENl' BEING MADE BY (SUPERVISORS

NAMJ.l;): _ _ _ _ _ _ _ _ _ _ _ _ _ __

f'LACEMENl' APPROVED BYSHIF1: O.I.C. : _ _ _ __ 1llE SUPERVISOR PLACING THE INMATE IN PRE-HWING DEl'ENl'ION MUST ENSURE lHAT THIS FORM A'l.llIG wrn All MAJOR DISCIPLINARY FOIIMS ARE FORWAADED TO CLASSIFICATION. WHITE: /)ISP'FlLE, D1;'I'1:: ENTER:

YEllJ:lW1

CLASSIFICATION, FINK; INMA'l"Ej GelD; HOUSING WOIJll2158.000276 DATE: OUT:

SI)PI!:RVISOl'!.: _ _~_ _~_

HUDSON COUNTY CORRECTIONAL CENTER Seizure Of Contraband Report Inm~tes

Inmates Numb&r

Full Namo (PRINT)

Full N~me of I:ltalf Member Making Seizure (PRIN1')

Housing UnIt (PRINT)

Rank (PRINT)

Date of Sel~ure: _________ Tlme of Seizure:_ _ _ _ _ _ _ __ Location Of Seizure: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Reasons For SeIzure 1.

No'lauthclI'i;"..lI fur , .. lr:;ntiontrecelpt.

6.

Exceeds stated correctional facility limits. Altered from ori~inal form. Not acquired through proper correctional faoility c;ha.nnels. exceeds reasonable safely, seourity, sanitary or space considerations. M~y be harmful end/Qr po~~e3 threat to security or Qrderly oper"tion ur the correctlanal

7.

Evidence in Disciplinary or Criminal Case,

2. 3. 4, 5.

facility.

Items Seized:.

Reasons felt ~eizures (number):

Disciplinary Charge (s) Issued: ( ) Yes ( ) No: If no, reason for not charging said inmate:_ _ _ _ _ _ _ _ __

Supervisor That Approved Seizure: _ _ _ _ _ _ _ _ _ _ _ _ _ _~_ _ _ __ Full Name

and RanK (f't<JN'i')

Signature of above IiIpproving Supervisor: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Date of Approval: ,, _ _ _ _ _ _ _ _ Time of ApprovaJ: _ _ _ _ _~_ __

HUDSONCOUNTYCORRECTIONALt~Nl~R

KEARNY. NEW JERSEY

On, The Spot Disciplinary Report / Adjudication Pdrm IIIU'IIBte Name:

-.-:__________

.~#~

_____Unit:_ _ _ _ __

Prohibited Act (s):,_ _ _ _ _--i:;,,....,.._ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Reporting Employee:_ _ _ _~_~__:::__:___--SigDaturel.-_::::__-----Place oflncident::--~--------'Date:,-------Time:----Description ofJDfraetion:_ _ _ _ _ _ _....,-_ _ _ _ _ _ _ _ _ _ _ _ _ __

Wit/less (es) Name, Nllmb~1" & Statement: _ _ _~_ _ _ _ _ _ _ _ _ _ _ __

Proposed Sanction: (Must be approved hy area supervisor) ( ) Verbal Reprillil\ltd. ( ) Loss of Recreation up to Five (5) Days.

() Confmement to cell for up to Four (4) Hours. () Four Hours or Extra Work Detail. ( ) ODe Day Loss Of Commissary; Inmate advised of right to confer-tuee with Pod Supervisor, 'Within 24 Hours. 'Conference ( ) Waived () Requested # Unit Inmate Signature: '* ** ****** ******* ** .. **** ****** *... ** ***** ** w.. '* ** *,**,*,nr'W' .... *****11' ~ '" ""·k*·:-~~.*~..~*-**-"'-"':-:#~w~... (TQ be completed by pOd supervisor) " Conference Held ( ) Yes (.) No Stare ReasoD: _ _ _ _ _ _ _ _ _~-~-Comments and

COl1clu~ionl;

Decision: () Guilty

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

() Not Guilty

Over Ride (please give reason):, _ _~_ _ _ _ _ _ _ _ _~_ _ _ _ __

Pod Supervisor's

I

'

Signature:,_ _-'-_ _ _ _- _ _ _-'--_ _ _ _ _ _ _ _ _ __ Print N8me: _ _ _ _ _ _ _ _ __ Date:,_ _ _ _ _ _ _ _ _ _ _ _ _ Time;_ _ _ _ _ _ _ _ _ _ _ _ __ ~

"White Dlsclpllo;q-y Unit - 1r.'ellow Classification - Pink Inmate

HUDSON COUNTY CORRECTIONAL CENTb"R PROPERTY (VALUABLES) RECEIP,T

NAME ____________~______________ # __~~___ DATE _______

_ _ KEYS

_ _ WALLET __

~

CREDITCARDS#s~

_ _ _ _ _ _ _ _ _ _ _ _ _ _ ...w._,,_ _ _.....

EAR1UNGS

YELLOW. WHITE - WISTONE - OTHER

RINGS

YELLOW - WHITE - WISTONE· OTHER

CHAINS

YEllOW - WHITE - WISTONE - OTHER

"BRACELETS

CHARMS

YELLOW-WHITE - W/STONE - OTHER YELLOW - WHITE. W/STONE - OTHER

WATCH

MAKE

OTHER ITEMS

-,-_ MlOS, CHECKS AND FOREIGN CASH _ _ _ _ _ _ _ _ _ _ _ _ __

1 ACKNOWLEDGE THE SURREWD.l!:R OF MY PROPb"'RTY AS LISTED ABOVE I AM RESPONSIBLE FOR ALL PERSONAL PROPERTY THAT 1 KEEP IN . , MY POSSESSION WHILE IN THIS FACILITY. WE ARE NaT LIABLE FOR PROPERTY UNCLAIMED THIRTY (0) DAYS AFTER RELEASE O!1._:l1'i:tJ.NSFER FROM llUDSON COUliIY JAIL.

11111

c/o SI6[":4 TUR D (W) PROPc"',,raT £A(;

_ _ , . _....

DATE (Y)RECaRDS

UM SIGNATIJRE . (P)INMATE

HUDSON COUNTY CORRECTIONAL CENTER PROPERTY RECEIPT _____ .______

NAAlE~

, SHIRTS $ 2.00 PANTS 3.00 JACKETS 20.00 "T..sHIRTS 2.00 ,BOXERS 2.00

~

________________ # ________ FACE CLam $1.00

PANTIES $1.50 BRAsSIERF: 2.00 SOCKS 1.00 SHOES (MIF) 6.00 1.50 TOWELS

CUPS

1.50

SHEETS 3.50 RT.A.NKETS 7.50 PILLOW CASE 1.00

LOC~,

________

PILLOWS $ 3.50 LAUNDRYBAG 4.00

RULE BOOK lD. CARDS

0.50 S.OO

11 AM RESPONSIBLE FOR ANY LOST,STOLEN,ALTERED OR DAMAGED PROPERTY. !IEXCllANGING WORN OUT ITEMS FOR NEW ONRS IS FREE OF CHARGE.

HUDSON COUNTY WILL PRESS DISCIPLINARY CHARGES FOR ALTERING AND/OR DESTROYING COUNTY PROPERTY. (ANYTHING PT::RTA1NING THE FACILITY). IMY COMMISSARY A.CCOUNT WILL BE CHARGED FOR NOT RETURNED,DAMAGED

AND/OR DESTROYED COUNTY PROPERTY. MATTkESSOR WINDOWS DOo.RLOCKS

oS 50.00

INMA11:::'S PROPERTY;

N .. NEW

IfA TS,BASJ:.:BALL CAPS. PANTS,JEANs,sWEATS.

N

35.00

$ 35.00

LIGHT FIXTURES ELECTRONIC DI/MAGE

50.00

U = useD ( CIRCLE ALL ITEMS)

COATS, JACKETS. N U N U SHOES,BOOTS.sNEAKERS. tv v SHIRTS,sWEA,TJi,'JU}.sWEAT. N U OTHER N U 1M! RESPONSI1JLE FOR ALL PERSONAL PROPERTY THAT I KEEP IN MY POSSESSION WHILE IN THIS FA.CILITY.

CIO SIGNATURE

U

DATE

11M SIGNATURE

UPON DISCIlA.RGE .. AU; COUNJ'Y PROPERTYRETURNED _ _ _ ,IF NOT,LIST AU MISSINGIDAMAGED PROPE'RTY. ~~. ___ ._ _ __ _~

_ _ , _ _ _ . . , . . . . . 0 . . . . - - , _ • • _ _ , . , - . . . . _ . _ - - . _ . " , ...... _

• _ _............_

TOTAL CHARGES $

_

_ __

11::£ ARE NOT U ..t!l1.f;_..Lf11URgJ'ij,JJ.'.i..Ll!U2~U:S A Fl'F:R RELEASE OR TRANSFER

--------,,-',,----

""

( W) GAlllI/E"'" R.·I(;

...

,

..._- ,".....," Dil n

--.. .- ....

(f) Rf.YOIWS

-:-:-:::~-:-:-::==---

11M SIGlI'A TURE

(P)INMATE

HUDSON COUNTY CORRECTIONS

CENTER

INMATE PROCESSING FORM

COMMITME:NTI/, 0000056111: AGe;

DOll;

MCE:

sex:

HeIGH'l',

WI:~uHt':

HAIR:

EVES:

RELIGION:

COMPL.XtON:

FBI#:

ss#:

EiTHNICl'TY:

r-AItI'l'Al STATUS:

ALIAS1:

ALIAS2:

WARRANTl:

WA~~AN'I'l'

PP.IMAFlY LANGUAGE, lA"~ EN'I'"~ED:

08/09/2006

.AST KNOW ADDReSS.

,

300KING OFFlC.I'\: ~1I"oS'1'!NG

AUTHOI\IT'T':

~CCUPA110N:

C;OMM!mNG AUTHORITY:

....

Charge 5 ; C.hargt=(!!'I)l

Charge(s):

_

EDUCATION YEARS: 0

...............""...............

_------'-----,,-_.. ....,,_._._-,-----------

D

III

Char~.(Sl:m

EMERGENCY CONTACT NAMe:

RELATIONSHIP:

TELEPHONE:

AOOIIESS: CITY: STATe:

ZIP:

----.,--------,.._-_."'"'------

,

BUDSONCOliNTY DEPARTMENT OF CORRECI10NS IWDSON COUNTY COllRlcnONAL CENT.ER 35 HACKENSACK AVE. KEARNY. N.J'. 01032

INMATE BEO!lJiSI FORM TO:

----------------------------~--

DATE:

~-----

_ _ _~~",." LOCATION:,_ _

REQUIST: ______________

~~--

NUMBER ______________________

-

RECEIVEl;> BY:

DATE:

REPLY: __________________--______________

-------,..----------------------:::c=OMPLETED IIY'

~

_______

-- --,.,-----,------

lhHl.'!m! COllnty Conedioual Cenler Vhiting SdleliuJ. fl'lurlllfl}' "E'

N IHI-Co!!laet .

TUeJidul'

k!! 11111 d

\Yeduesdar

NOll-COlll"d .~

F.·iILay No Visil~

Tlnn-s,lay Nou-C!II!hicL

-

D-Pud 9:!Hlam Lo 11 : JIl'll 11

Coun!y/INS RcgislrJllioll emb al HI:45mn

ABC II rmIs

A {'"rI

CIon );"st

8:30 .. ",-11 :311"m SlllieflNS hlOUlles Registn'lion cilds at

I):OOnnJ-t J :30 III !I

P,'ol",.li\'c Custody ,Juvellile

10:45"111

COllulyllmfFed ll.egiSlmlioH elld,l al \0:45am

9: [lliam-I I): 1I1Iom

(NOlf) Only Iwo uhdls )lcr visi! all{) tWD dlildrcn vel' aliH II.

. ,

Ut'.gislnlli'II1 cnd ... I

I

I): J 5"m

Olle.hom~

.

Till)!} F.asllWesl

IlJtlll FasllWcsl 115011 Ensl/West J[)'llIill visi! FCII1l1les

All I'otls Sin I( J!llll ales INS ;\)1), ' .•Qell (ion

ABC IlI'nlis

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CENTRO CORR]:GC]Ul'1'AL

DEL CONDADO DE HUDSON

CODIGODE VESTIDURA TODA VlSIyA CONVENIENTE'MENTE

DEBE

ESTAR EN TODQ

YESIIDA MOMENTO 'EN El~ AREA QE VISITAS NO CQNIA.cTO Y CONTACTO .DEL CENTRO C_QRRECCIONAL DEL CONDADO DE HUDSON NO~

BLUSAS SIN MANGAS, 0

NO~

ROPA TRASPARENTE

NO-

PANTALONES CORTOS MAS A.RRIBA DE LAS ROnILLAS, PANTALONES BIEN CORTOS, OFALDAS CORTAS (MINI)

CORTE 8AJO

BLUSAS DE

, ,I ,

DRESS CODE

,

I

i '

I

ALL VISITORS MUST BE IN PROPER AITRIE AT ALL TIMES AT THE HUDSON COUNTY CORRECTIONAL FACILITY VISITING AREA NON-CONTACT AND CONTACT. NO Sleeveless shirts - Tank Tops or Low cut Blouses

NO See through clothing NO Shorts above the knees I short skirts I mini skirts

HUDSON COUNTY

CO~RECTXnNAL KEAR'NY, NF:N :rJZRSEl"

CENT~R

INMaTB DISCXPLINARY REPORT NAMS

of r_7:'9' _________----------------------~-...:.. /jOC, _ _ _ _ _ _ __

NUMBBR:

SECTION: ________

PROHIBITSD ACT(S)

RE1f'Ol!l.rING

I
(PR.INT J DATE/TXME _ _ _ _ _ _ _ _ _ _ __

SXGlNATtJRB': PLACE OJ!!' INCIDB,N'.r, _ _ _ _ _ _ __

AJlJr

DATIiJ/rrJoUi: ____________________

J:MKII'DIATE OR SPECIAL ACTION TA1C1!JN:

TITLE, ____________- - - _

ArlTHO.RIZED BY!

.2.N.M:A'%"E WAS

BE PORT BY,

R!!iAD IIX';:;

·~[J'SE

I.MMUN:r'PY

R:rGHTS-~

AND GTV'BN A

DATB/TrME~~

COpy C.lol

·rH~·,'·':

________________________

PRINT NAME SIGNA'l'VRE:

IUI'PORT A:P1f'ROVED BY (AREA SU1i'ERVISOR), _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ PINK

(I.I'\IlIQ.:t'"'B

HUJ.)::iUN" (.;OUNTY -CEPARTMl!:NT OF CORR.ECTIONS

HUDSON COUNTY CORlU'.CTIONAl.. CENTER

INMATij: GRJEYANc;E APPEAL FORM . TO;

RALPH W. GRESN, OlR.ECrOR

INMATE'S INFORMATIQN;

!.------------~--------------~---------------First Name Last Nw:ne

2. _______

~

___

InnuttcNo.

3. _______________________ ~

•••••• * •••••••••••• ** ••• * •• **.**** •••••••• * •• ~~.* •••• ~ ••• *.** •••••••••••• * ••• Location

(PLEASB PRINT CLEARLY)

.'" PART "A'''·'' COMPLAlNT: ______________________________________________________

REMEDYSOUGHT: ______

Date ••$ •••••

~

_________________________________________

Signature of Inmate

"

*.* ••• * ••••••••••••••• ** ••••••• ** ••••••••••••••••••••••• ** •••• - ••• * •• ~ ....PART "5"*'"

DIRECTOR or HISIHER DESIGNEE:

Date

~~

___________________.-,..____

Signature of the Dire<;;torlDe&ignee

•••• ~ •• +.*.**.~ ••• ~ ••••• * •• ***.*+ ••• *.+ ••••••• *~ •• * •• **.** •••••• ****.* •• «~ •• -* .... RECEIVED By ....

Signature

Date

Orieva:nee Number